STUDENT HEALTH AND IMMUNIZATION CERTIFICATES
Students should have regular physical and dental examinations and vision screenings as required by Iowa law. Students may be required to submit a health certificate. Each student shall be required to present a certificate of immunization unless exempted by Iowa law prior to enrollment in the District or prior to being placed under competent private instruction which is not affiliated with an accredited school.
Each student six years of age or older enrolling in elementary school, shall be required to present a certificate of testing for elevated blood lead levels in accordance with the rules of the Iowa Department of Health, unless exempted by State law.
No student shall be enrolled in the District without adequate evidence of immunization against Hepatitis B, varicella, diphtheria, pertussis, tetanus, poliomyelitis, rubeola and rubella, unless exempted under Iowa law. A student may be provisionally enrolled if the student has begun the required immunizations and continues to receive the necessary immunizations in accordance with state law.
Beginning with the 2013-2014 school year, all students entering, advancing or transferring into seventh grade and born on or after September 15, 2000, shall provide proof of an adolescent tetanus, diphtheria, and pertussis booster immunizations.
Each student six years of age or older enrolling in elementary school, shall present a certificate that the student, no earlier than age three, had a dental screening in accordance with the rules of the Iowa Department of Health, unless exempted by State law. Each student enrolling in high school, shall present a certificate that the student had a dental screening performed within the prior year in accordance with the rules of the Iowa Department of Health.
Upon enactment of applicable law, each student prior to entering kindergarten and again prior to entering third grade must provide evidence of at least one vision screening, unless exempted under Iowa law.
Each student participating in interscholastic athletics or cheerleading shall present a certificate annually to the effect that the student has been examined by a licensed physician, qualified doctor of chiropractic, licensed physician assistant, or advanced registered nurse practitioner and may safely engage in athletic competition or cheerleading. The District may require additional health certificates from students participating in interscholastic athletics or cheerleading if a question arises regarding the student's health status.
A student who has been removed from participation in an interscholastic activity (athletic, dance or cheerleading) because of signs, symptoms or behaviors consistent with a concussion or brain injury shall not recommence such participation until the student has been evaluated by a properly licensed health care professional (physician, physician assistant, doctor of chiropractic, advanced registered nurse practitioner, nurse, physical therapist or athletic trainer) trained in the evaluation and management of concussions and other brain injuries, and the Student has received written clearance to return to participation from the health care provider. The District may require additional clarification and clearance before allowing return to participation.
Date of Last Review: October 14, 2019
Date of Revision: October 14, 2019
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Legal References: 135.17, 135.39D, 135.102, 135.105D, 139A.8, 279.8, 280.7, 280.13, 280.13C, 280.14, 282.3, Code of Iowa; 281 I.A.C. 12.3, 31.2, 33.5, 36.14; 641 I.A.C. Chapters 7, 51, 52, 67
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ADMINISTRATION OF MEDICATION TO STUDENTS
Self-Administration. Medications or food supplements that look like medications shall not be kept on students or in their personal belongings unless advance approval is given by a District nurse. Students shall not self-administer medications or food supplements that look like medications at school, unless approved in advance by a District nurse with written consent of the parent or guardian. By law, students with asthma or other airway constricting diseases or students with a risk of anaphylaxis who use epinephrine auto-injectors may self-administer their medication upon the written approval of the students’ parents and prescribing licensed health care professional without having to first demonstrate competency in self-administration.
Administration of Medications. The following conditions shall apply to administration of medications (prescription and over-the-counter) or food supplements that look like medications by District personnel to students:
ADMINISTRATION OF MEDICATION TO STUDENTS
Confidentiality. Medication administration consents and records shall be kept confidential as provided by law and in accordance with Policy 506.1.
Disposal of unused, discontinued/recalled, or expired medication shall be in compliance with federal and state law. Prior to disposal, school personnel shall make a reasonable attempt to return identified medication to the students’ families by providing written notification that expired, discontinued, or unused medication needs to be picked up from the school by a certain date. If medication is not picked up by the date specified, disposal shall be in accordance with disposal procedure outlined by law for the specific category of medication.
Date of Last Review: October 14, 2019
Date of Revision: October 14, 2019 |
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Legal References: 124.101, 147.107, 152.1, 155A.4, 279.8, 280.14, 280.16, 280.23, Code of Iowa; 281 I.A.C., Chapter 41; 655 I.A.C. 6.2; 657 I.A.C. 8.32
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(SEE FORM ATTACHED)
Date of Last Review: October 14, 2019
(SEE FORM ATTACHED)
Date of Last Review: October 14, 2019
(SEE ATTACHED FORM)
Date of Last Review: October 14, 2019
STUDENT INJURY OR ILLNESS AT SCHOOL
When a student becomes ill or is injured at school, efforts will be made to notify the student’s parents or guardians by the school nurse or the principal as soon as possible after these individuals are aware of the incident.
The District, while not responsible for medical treatment of an ill or injured student, will have authorized school personnel present administer emergency or minor first aid if possible. An ill or injured child will be turned over to the care of the parents or qualified medical personnel as quickly as possible. An ill or injured student may be transported to a medical facility if school officials deem it necessary. An ill or injured student will not be sent home without consent of a parent or guardian.
It shall be the responsibility of the principal to file an accident report with the Superintendent within twenty-four (24) hours after the student is injured at school.
Annually, parents shall be required to complete a medical emergency authorization form indicating the procedures to be followed, if possible, in an emergency involving their child.
Staff shall insure that all accidents occurring on District property or at school-sponsored activities are timely reported in writing to the building principal.
Date of Last Review: October 14, 2019
Date of Revision: October 14, 2019 |
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Legal References: 279.8, 280.14, 613.17, Code of Iowa; 281 I.A.C. 41.404, 41.405 |
01643883
DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS
EMERGENCY DRILLS
Students will be informed of the appropriate action to take in an emergency. Emergency drills for fire, weather, and other disasters shall be conducted each school year. Fire and tornado drills shall each be conducted regularly during the academic school year with a minimum of two before December 31 and two after January 1.
Each attendance center shall develop and maintain a written plan containing emergency and disaster procedures. The plan will be communicated to and reviewed with employees. The emergency plan shall include:
· Assignment of employees to specific tasks and responsibilities;
· Instructions relating to the use of alarm systems and signals. If combination visual and auditory warning devices do not exist, the plan shall include specific provisions for warning individuals with hearing impairments;
· Information concerning methods of fire containment;
· Systems for notification of appropriate persons and agencies;
· Information concerning the location and use of fire fighting equipment;
· Specification of evacuation routes and procedures;
· Posting of plans and procedures at suitable locations throughout the facility;
· Evacuation drills which include the actual evacuation of individuals to safe areas;
· An evaluation for each evacuation drill.
School district personnel shall participate in emergency drills. Licensed personnel shall be responsible for instructing the proper techniques to be followed in the drill.
Date of Last Review: October 14, 2019
Date of Revision: July 15, 2013
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Legal References: 100.31, 280.3, Code of Iowa
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00959363
DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS
Code No. 507.6
STUDENT INSURANCE
All students, whether or not they are participating in intramural or extracurricular athletics or cheerleading, shall have the opportunity to participate in the health and accident insurance plan selected.
The cost of the insurance plan being borne by the student or his/her parents or summarization or guardians.
The purchase of student insurance shall be voluntary with the entire cost of the insurance plan being borne by the Student or his/her parents or guardians. Participation in the insurance plan is not a contract with the District, but rather, a contract between the insurance company and the student.
Date of Last Review: October 14, 2019
Date of Revision: July 15, 2013
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Legal References: 279.8, 280.13, 280.14, Code of Iowa
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00959364
DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS
CUSTODY AND PARENTAL RIGHTS
The Board of Directors recognizes that students are members of many types of families and that students may have parents who do not reside together or who do not reside with the students. Disagreements and concerns arise from time to time among students' family members regarding custody and related issues. The Board believes that such concerns and disagreements are the responsibility of the family members to resolve. School employees should not be placed in the position of having to resolve or to "referee" such disagreements. It shall be the responsibility of the family members to provide relevant written court orders to the District and the District shall follow said court orders, unless or until directed by the court otherwise, or in very unique circumstances if the District reasonably believes there is an imminent threat to health or safety.
Date of Last Review: October 14, 2019
Date of Revision: July 15, 2013
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Legal References: 20 U.S.C. §1232g; 34 C.F.R. Part 99; 279.8, Code of Iowa; 441 I.A.C. 9.2, 155, 175
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00959365
DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS
STUDENT SPECIAL HEALTH SERVICES
If a student requires special health services to be administered during school hours, licensed health care personnel, in collaboration with the education team, shall determine the special health services to be provided and the qualifications of the individuals to perform the health services. As a result of this collaboration, a written health plan in accordance with State rules shall be developed. If the student has an individualized educational plan (IEP) and is receiving special education services, the health plan shall become part of the IEP. The plan shall be updated as needed at least annually. There must also be on file the parent's or guardian's authorization to implement the procedure and a written statement by the prescriber detailing the specific method and schedule of the special health service.
Special health services do not include provision of first aid and routine medication administration. The provision of special services requires ongoing professional health judgment.
Parents shall provide the equipment, supplies, and necessary maintenance as needed. Personnel responsible for the equipment shall be designated in the written health plan.
Date of Last Review: October 14, 2019
Date of Revision: October 14, 2019
01643894 |
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Legal References: 256B.2, 280.8, 280.23, Code of Iowa; 281 I.A.C., 12.3 Chapter 41
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DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS
SPECIAL HEALTH SERVICES
Some students who require special education need special health services in order to participate in the educational program. These students shall receive special health services in accordance with their individualized education program. (IEP)
A. Definitions
“Assignment and delegation” - occurs when licensed health personnel, in collaboration with the education team, determine the special health services to be provided and the qualifications of individuals performing the health services. Primary consideration is given to the recommendation of the licensed health personnel. Each designation considers the student's special health service. The rationale for the designation is documented.
“Co-administration” - the eligible student's participation in the planning, management and implementation of the student's special health service and demonstration of proficiency to licensed health personnel.
“Educational program” - includes all school curricular programs and activities both on and off school grounds.
“Education team” - may include the eligible student, the student's parent, administrator, teacher, licensed health personnel, and others involved in the student's educational program.
“Health assessment” - health data collection, observation, analysis, and interpretation relating to the eligible student's educational program.
“Health instruction” - education by licensed health personnel to prepare qualified designated personnel to deliver and perform special health services contained in the eligible student's health plan. Documentation of education and periodic updates shall be on file at school.
“Individual health plan” - the confidential, written, preplanned and ongoing special health service in the educational program. It includes assessment, planning, implementation, documentation, evaluation, and a plan for emergencies. The plan is updated as needed and at least annually. Licensed health personnel develop this written plan with the education team.
“Licensed health personnel” - includes licensed registered nurse, licensed physician, and other licensed health personnel legally authorized to provide special health services and medications.
“Prescriber” - licensed health personnel legally authorized to prescribe special health services and medications.
“Qualified designated personnel” - persons instructed, supervised and competent in implementing the eligible student's health plan.
“Special health services” - includes, but is not limited to, services for eligible students whose health status (stable or unstable) requires:
· Interpretation or intervention, or
· Administration of health procedures and health care, or
· Use of a health device to compensate for the reduction or loss of a body function.
“Supervision” - the assessment, delegation, evaluation and documentation of special health services by licensed health personnel. Levels of supervision include situations in which licensed health personnel are:
· physically present, or
· available at the same site, or
· available on call.
B. Licensed Health Personnel
Licensed heath personnel shall provide special health services under the auspices of the school. However, the District shall not be required to provide medical services which are the responsibility of the family. Duties of the licensed personnel include the duty to:
· Participate as a member of the education team.
· Provide the health assessment.
· Plan, implement and evaluate the written individual health plan.
· Plan, implement and evaluate special emergency health services.
· Serve as liaison and encourage participation and communication with health service agencies and individuals providing health care.
· Provide health consultation, counseling and instruction with the eligible student, the student's parent and the staff in cooperation and conjunction with the prescriber.
· Maintain a record of special health services. The documentation includes the eligible student's name, special health service, prescriber or person authorizing, date and time, signature and title of the person providing the special health service and any unusual circumstances in the provision of such services.
· Report unusual circumstances to the parent, school administration, and prescriber.
· Assign and delegate to, instruct, provide technical assistance and supervise qualified designated personnel.
· Update knowledge and skills to meet special health service needs.
C. Records
Prior to the provision of special health services the following shall be on file:
· Written statement by the prescriber detailing the specific method and schedule of the special health service, when indicated.
· Written statement by the student's parent requesting the provision of the special health service.
· Written report of the preplanning staffing or meeting of the education team.
· Written individual health plan available in the health record and integrated into the IEP or IFSP.
D. Rationale
Licensed health personnel, in collaboration with the education team, shall determine the special health services to be provided and the qualifications of individuals performing the special health services. The documented rationale shall include the following:
· Analysis and interpretation of the special health service needs, health status stability, complexity of the service, predictability of the service outcome and risk of improperly performed service.
· Determination that the special health service, task, procedure or function is part of the person's job description.
· Determination of the assignment and delegation based on the student's needs.
· Review of the designated person's competency.
· Determination of initial and ongoing level of supervision required to ensure quality services.
E. Supervision
Licensed health personnel shall supervise the special health services, define the level of supervision and document the supervision.
F. Delegation
Licensed health personnel shall instruct qualified designated personnel to deliver and perform special health services contained in the eligible individual health plan. Documentation of instruction and periodic updates shall be on file at school.
G. Parental Responsibility
Parents shall provide the usual equipment, supplies and necessary maintenance for such. The equipment shall be stored in a secure area. The personnel responsible for the equipment shall be designated in the individual health plan.
Date of Last Review: October 14, 2019
Adopted: December 9, 2002
543299
DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS Page 3 of 3
Code No. 507.9
HEALTH SCREENINGS
The Superintendent shall approve a program for health screenings of students. Such screenings must be carried out by properly authorized personnel. Parents and guardians will be notified in advance of the proposed screening and may request that their children not participate.
Date of Review: October 14, 2019
Date of Revision: October 14, 2019
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Legal References: 279.8, 280.7, 280.14, Code of Iowa; 281 I.A.C. 12.3
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DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS
Code No. 507.10
INVESTIGATING ALLEGATIONS OF ABUSE
OF STUDENTS BY SCHOOL PERSONNEL
It is the policy of the Decorah Community School District that school employees not commit acts of physical or sexual abuse, including inappropriate and intentional sexual behavior, toward students. Any school employee who commits such acts is subject to disciplinary sanctions up to and including discharge.
It is the policy of the Decorah Community School District to respond promptly to allegations of abuse of students by school employees by investigating or arranging for full investigation of any allegation, and to do so in a reasonably prudent manner. The processing of a complaint or allegation will be handled confidentially to the maximum extent possible. All employees are required to assist in the investigation when requested to provide information, and to maintain the confidentiality of the reporting and investigating process.
The Decorah Community School District has appointed level-one investigators and alternates, and has arranged for or contracted with a trained, experienced professional to serve as the level-two investigator. The level-one investigators and alternates will be provided training in the conducting of an investigation at the expense of the Decorah Community School District.
Date of Last Review: October 14, 2019
Date of Revision: October 14, 2019
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Legal References: 280.17, Chapter 709, 728.12(1), Code of Iowa; 281 I.A.C. Chapter 102, Chapter 103 |
DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS
Code 507.10R1
Procedures for Investigating Allegations of Abuse of Students by School Personnel
A. Designation of Level One Investigators. The Superintendent shall recommend to the Board of Directors, and the Board shall appoint, each year at least one person to serve as the District's Level One investigator and at least one person to serve as an alternate. The names and/or positions and telephone numbers of the investigators and alternates will then be posted in each school building and communicated through student handbooks or a newspaper to District parents.
B. Designation of Level Two Investigators. The District will refer complaints to the Decorah Police Department or to other law enforcement agencies for a second level of investigation, if necessary.
C. General. The Level One investigator, upon receipt of a report alleging abuse, should refer to the Iowa Department of Education rules at 281 Iowa Administrative Code Chapter 102 and to the Department of Education booklet entitled "Model Policy on Identifying and Reporting Child Abuse and Model Policy and Rules on Procedures for Investigating Allegations of Abuse of Students by School Employees." The Level One investigator should consult with the District's legal counsel to ascertain if any changes have been made to the procedures.
D. Jurisdiction. These procedures only cover situations where all of conditions 1-4 are met:
1. The alleged perpetrator is an employee of the District at the time of the making of the report. ("Employee" includes persons actually employed by the District, persons serving as volunteers for the District, and persons employed by an agency to provide services to District students, such as AEA personnel working at the District.)
2. The alleged victim must have been a student of the District at the time of the alleged abuse.
3. The alleged abuse must have occurred on school grounds, during school time, on a school-sponsored activity, or in another school-related context. For example, a teacher who abuses a student from his/her class while tutoring the student at the teacher's home would be in a school-related context. However, abuse by a bus driver to a student the driver does not transport and knows primarily through the neighborhood is not covered by these procedures.
4. The alleged abuse must be physical or sexual abuse as defined in Department of Education rules and these procedures. Mental or verbal abuse is not covered by these procedures.
5. Note: Allegations of abuse of students by school employees which are not covered by these rules shall be investigated by the responsible building principal or other District-designated person, but the requirements of these procedures need not be followed. For example, an allegation that a student was inappropriately physically disciplined by an employee, but which did not lead to physical injury visible for at least 24 hours, should be investigated and appropriate remedial action taken, if necessary.
E. Filing of Reports of Abuse of Students by School Employees.
1. Any person may file a written report of abuse of a student by a school employee. (The District requires that any District employee who is aware of, or reasonably suspects, that an employee has abused a student must report this to the Level One investigator in writing.) The person must sign the report. A witness to the signing of the complaint who is at least 18 years of age, must also sign the report. Any employee receiving a report shall immediately give the report to the designated Level One investigator or alternate and shall not reveal the existence or extent of the report to any other person.
2. The report shall be filed on the form prepared by the Iowa Department of Education. If a written report is submitted in other form, the person shall be asked to complete the official form. If a verbal report is made, the person shall have these procedures explained or shall be given a copy of these procedures and asked if he/she wishes to initiate the procedures by filing a written report.
3. If the person does not complete the form in its entirety, it shall still be accepted and investigated, as long as the form is signed and witnessed, gives the name of the student and of the employee and a description of the alleged abuse. The Level One investigator should assist in completing the form, if necessary.
F. Physical Abuse Allegations.
1. "Physical abuse" is defined in Department rules to mean nonaccidental physical injury to the student as a result of the actions of a school employee. "Injury" occurs when evidence of it is still apparent at least 24 hours after the occurrence. If there is evidence, although slight (e.g. a scratch, bruise, lump, etc.), 24 hours after the incident, the investigator should treat it as an "injury." If there is no evidence of injury 24 hours after the incident, the investigator should dismiss the report for lack of jurisdiction. However, the investigator should refer the matter to the employee's supervisor for investigation and follow-up. [See D(5) above.]
2. Upon receipt of the report, the Level One investigator shall make and provide copies of the report to the person filing, to the student's parent or guardian if different from the person filing, and to the employee's supervisor. These copies should be provided within one school day. In addition, a copy of the report shall be given to the employee at the time the employee is interviewed.
3. The Level One investigator shall immediately review the report and determine if jurisdiction exists. (See D above.) If jurisdiction does not exist, the person filing the report and the student's parent or guardian, if different from the reporter, shall be notified. The parents or guardians shall also be notified that they may contact law enforcement, contact private counsel, or file a report with the Board of Educational Examiners if the employee is licensed. [Also, the matter may still be investigated by the District. See D(5) above.]
4. If, in the Level One investigator's opinion, the magnitude of the allegations in the report suggests immediate and professional investigation is necessary, the Level One investigator may temporarily defer the Level One investigation. In cases of deferred investigation, the Level One investigator shall contact law enforcement personnel and shall notify in writing the person who filed the report, the parents or guardians, if different from the reporter, the employee's immediate supervisor and the Superintendent of Schools, that the matter has been referred to law enforcement officials.
5. If jurisdiction is found to exist and subject to paragraph F(4) above, the Level One investigator shall interview the alleged victim, the school employee and any collateral sources who may have knowledge of the incident. The employee shall be given a copy of the report at the time of questioning. If the employee requests representation, questioning should stop until the representative is present. However, the informal investigation must be completed within five school days of receipt of the report. The Level One investigator should ask to receive records and/or to communicate with any treating physician or other professional. It is suggested that written consent be obtained from the parent or guardian to receive the records. Photographs may be taken of an injury, but if this requires the removal of clothing, consent should be asked of the parents or guardians.
The investigator shall exercise prudent discretion in the investigative process to preserve the privacy interests of the individuals involved. To the maximum extent possible, the investigator shall maintain the confidentiality of the report. However, it is recommended that the following individuals be apprised of the nature of the allegations and of the pendency of the investigation: the employee's immediate supervisor and the Superintendent of Schools, and if assistance is desirable, the District's legal counsel (particularly to confirm procedural requirements). The investigator should ask each person interviewed to maintain the confidentiality of the investigation.
6. The Level One investigator is to determine if jurisdiction exists and to determine by a preponderance of the evidence, whether it is likely that an incident took place between the student and the employee. The Level One investigator is not to determine whether the force used was reasonable and necessary. So, for example, if there is an injury evident 24 hours after the incident inflicted by an employee upon a student in the course of quelling a disturbance, the Level One investigator must refer the matter to Level Two.
"Preponderance of evidence" means reliable, credible evidence that is of greater weight than evidence offered in opposition to it.
7. Unless the investigation is deferred, within 15 calendar days of receipt of the report, the Level One investigator shall complete a written investigative report on the form provided by the Department of Education, and shall give a copy to the employee's immediate supervisor and to the Superintendent of Schools, to the named employee, and to the student's parent or guardian. The person filing the report, if not the student's parent or guardian, shall not be given a copy of the investigative report, but shall only be notified that the investigation has been concluded and of the disposition or anticipated disposition of the case. The investigative report shall give a general review of the investigation, but witness statements and interview notes need not be attached and all witnesses need not be listed by name. The Level One investigator shall retain the original investigative report and supporting documentation. The investigative report should not be placed in the employee's personnel file unless the Level Two investigator's report confirms the abuse, the employee admits the abuse, or the employee surrenders his/her license.
8. If the complaint has been withdrawn, the allegation recanted, the employee has resigned, the employee has admitted the violation, or the employee has agreed to relinquish his/her license, the Level One investigator may conclude his/her investigation. Note: If the investigation is concluded in this manner, it should be noted on the Investigative Report and copies distributed as specified in paragraph F(7). If a licensed employee has admitted abusing the student or has agreed to surrender the employee's license, the Level One investigator shall file a complaint with the Board of Educational Examiners on behalf of the District and signed by the Superintendent of Schools. If the licensed employee has resigned without admitting a violation, the Level One investigator shall discuss with the Superintendent whether a complaint should be filed with the Board of Educational Examiners. The Level One investigator shall contact the District's legal counsel for assistance in filing the complaint.
9. If the Level One investigator determines that it was likely an incident occurred, and the employee has not admitted the violation, resigned, or agreed to surrender his/her license, the Level One investigator shall refer the matter to the Level Two investigator.
10. Upon receipt of the Level Two investigator's report, the Level One investigator shall forward copies of the Level Two report to the student's parent or guardian, to the employee, to the employee's immediate supervisor, and to the Superintendent of Schools. The person filing the initial report, if not the student's parent or guardian, shall be notified of the disposition of the case, but shall not be provided a copy of the Level Two investigator's report.
11. If the Level Two investigator concludes that abuse occurred by a licensed employee, the Level One investigator shall file a complaint with the Board of Educational Examiners on behalf of the District and signed by the Superintendent of Schools. The Level One investigator should contact the District's legal counsel for assistance in filing the complaint.
12. The Level One investigator shall arrange, upon request, for counseling services for the student through the District's or the AEA's counseling services, or by referral (at parent expense) to community resources.
G. Sexual Abuse Allegations.
1. "Sexual abuse" is defined in Department of Education rules to mean (a) any sexual offense as defined by Iowa Code chapter 709 or Iowa Code section 728.12(1), (b) encouraging the student to engage in prostitution, (c) inappropriate, intentional sexual behavior, or (d) sexual harassment. This covers a wide variety of behaviors.
Chapter 709 prohibits the following sexual offenses:
- §709.1(1) Any sex act between persons when the act is done by force or against the will of the other (including threats of violence, while the victim is under the influence of a drug inducing sleep or otherwise in a state of unconsciousness).
- §709.1(2) Any sex act between persons when the act is performed with a participant suffering from a mental defect or incapacity which precludes giving consent or lacks the mental capacity to know right and wrong in sexual matters.
- §709.1(3) Any sex act with a person under 14 years of age.
- §709.7 Using force, intimidation, or false pretenses to entice a person who is not a prostitute to enter a brothel with intent to cause such person to become an inmate there or to detain a person in a brothel against the person's will.
- §709.8 For any person 18 years of age or older to perform any of the following acts with a person under age 14, unless married to the person, for the purpose of arousing or satisfying the sexual desires of either of them: fondle or touch the pubes or genitals of the child, permit or cause a child to fondle or touch the person's genitals or pubes, solicit the child to engage in a sex act, inflict pain or discomfort upon the child or permit the child to inflict pain or discomfort on the person.
- §709.9 Exposing the person's genitals or pubes or committing a sex act in the presence of or view of a third person if done to arouse or satisfy the sexual desires of either party and the person reasonably should know that the act is offensive to the viewer.
- §709.12 For any person 18 years of age or older to commit any of the following acts with a person under age 14, not the person's spouse, for the purpose of arousing or satisfying the sexual desires of either: fondle or touch the inner thigh, groin, buttock, anus, or breast of the child, touch the clothing covering the immediate area of the inner thigh, groin, buttock, anus, or breast of the child; solicit or permit a child to fondle or touch the inner thigh, groin, buttock, anus or breast of the child, or solicit a child to do any of such acts.
- §709.14 For any person 18 years of age or older who is in a position of authority over the minor to force, persuade, or coerce the minor, with or without consent, to disrobe or partially disrobe for the purpose of arousing or satisfying the sexual desires of either of them.
§709.15 For any nurse, counselor, psychologist, social worker or mental health provider to engage in any sexual conduct with an emotionally dependent client or for any school employee to engage in any sexual conduct with a student for the purpose of arousing or satisfying the sexual desires of the counselor or therapist, the client, the student or school employee, including, but not limited to, kissing, touching the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes or genitals.
Section 728.12 prohibits the following:
- §728.12(1) persons from employing, using, persuading, inducing, enticing, coercing, permitting, or otherwise causing a child to engage in a prohibited sexual act or in the simulation of a prohibited sexual act if the person has reason to know or intends that the act may be photographed, filmed, or otherwise preserved.
"Sexual harassment" is defined in Department rules and in Board policy 545 as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when:
a. Submission to such conduct is made either explicitly or implicitly a term or condition of the student's educational opportunities or benefits; or
b. Submission to or rejection of such conduct by a student is used as the basis for educational decisions affecting that student; or
c. Such conduct has the purpose or effect of substantially interfering with a student's education by creating an intimidating, hostile, or offensive educational environment.
"Inappropriate intentional sexual behavior" is not defined in the Department rules and the Level One investigator will have to use his/her discretion. It would include sexual language, inappropriate inquiries into the student's sexual activities, sexual innuendo, sexual social behaviors such as kissing or dating.
2. Upon receipt of the report, the Level One investigator shall make and provide copies of the report to the person filing, to the student's parent or guardian if different from the person filing, and to the employee's supervisor. These copies should be provided within one school day. In addition, a copy of the report shall be given to the employee at the time the employee is interviewed. Caution: See paragraph G(4) below regarding interviewing the employee.
3. The Level One investigator shall immediately review the report and determine if jurisdiction exists. (See D above.) If jurisdiction does not exist, the person filing the report and the student's parent or guardian, if different from the reporter, shall be notified. The parents or guardians shall also be notified that they may contact law enforcement, contact private counsel, or file a report with the Board of Educational Examiners if the employee is licensed. [Also, the matter may still be investigated by the District. See D(5) above.]
4. The Level One investigator in cases of sexual abuse reports must determine whether the act, if true, would be a sex abuse crime. Therefore, there may need to be a partial investigation, consisting of interviewing the alleged victim to determine if there is a crime. The allegations made in the report may be sufficient to determine that, if true, a crime was committed. If the Level One investigator determines that the act would be a crime, if true, the Level One investigator shall not interview witnesses, or give a copy of the complaint to the employee, or interview the employee. Rather, the Level One investigator shall immediately notify law enforcement officials. The Level One investigator shall notify the student's parent or guardian, the person making the report, if different from the parent or guardian, the employee's immediate supervisor and the Superintendent of Schools of the action taken in referring the matter to law enforcement officials.
5. If the Level One investigator determines that jurisdiction exists and that the act complained of is not a violation of the law, but constitutes either sexual harassment or inappropriate sexual behavior, the Level One investigator shall interview the alleged victim, the school employee and any collateral sources who may have knowledge of the incident. The alleged victim must be interviewed no later than five days from receipt of the report. The employee shall be given a copy of the report at the time of questioning. The Level One investigator shall not interview the employee until after a determination is made that jurisdiction exists, the alleged victim has been interviewed, and a determination made that the matter will not be deferred. If the employee requests representation, questioning should stop until the representative is present. The Level One investigator should ask to receive records and/or to communicate with any treating physician or other professional. It is suggested that written consent be obtained from the parent or guardian to receive the records. Before interviewing a child in prekindergarten through sixth grade, the parent, guardian or legal custodian shall be notified of the date and time of the interview and of the right to be present or to see and hear the interview or to send a representative in the parent's place.
The investigator shall exercise prudent discretion in the investigative process to preserve the privacy interests of the individuals involved. To the maximum extent possible, the investigator shall maintain the confidentiality of the report. However, it is recommended that the following individuals be apprised of the nature of the allegations and of the pendency of the investigation: the employee's immediate supervisor and the Superintendent of Schools, and if assistance is desirable, the District's legal counsel (particularly to confirm procedural requirements). The investigator should ask each person interviewed to maintain the confidentiality of the investigation.
6. The Level One investigator is to determine if jurisdiction exists and to determine by a preponderance of the evidence whether it is likely that an incident took place between the student and the employee.
"Preponderance of evidence" means reliable, credible evidence that is of greater weight than evidence offered in opposition to it.
7. Unless the investigation is deferred, within 15 calendar days of receipt of the report, the Level One investigator shall complete a written investigative report on the form provided by the Department of Education, and shall give a copy to the employee's immediate supervisor and to the Superintendent of Schools, to the named employee, and to the student's parent or guardian. The person filing the report, if not the student's parent or guardian, shall not be given a copy of the investigative report, but shall only be notified that the investigation has been concluded and of the disposition or anticipated disposition of the case. The investigative report shall give a general review of the investigation, but witness statements and interview notes need not be attached and all witnesses need not be listed by name. The Level One investigator shall retain the original investigative report and supporting documentation. The investigative report should not be placed in the employee's personnel file unless the Level Two investigator's report confirms the abuse, the employee admits the abuse, or the employee surrenders his/her license.
8. If the complaint has been withdrawn, the allegation recanted, the employee has resigned, the employee has admitted the violation, or the employee has agreed to relinquish his/her license, the Level One investigator may conclude his/her investigation. Note: If the investigation is concluded in this manner, it should be noted on the Investigative Report and copies distributed as specified in paragraph G(7). If a licensed employee has admitted abusing the student or has agreed to surrender the employee's license, the Level One investigator shall file a complaint with the Board of Educational Examiners on behalf of the District and signed by the Superintendent of Schools. If the licensed employee has resigned without admitting a violation, the Level One investigator shall discuss with the Superintendent whether a complaint should be filed with the Board of Educational Examiners. The Level One investigator shall contact the District's legal counsel for assistance in filing the complaint.
9. If the Level One investigator determines that it was likely an incident occurred, and the employee has not admitted the violation, resigned, or agreed to surrender his/her license or certificate, the Level One investigator shall refer the matter to the Level Two investigator.
10. Upon receipt of the Level Two investigator's report, the Level One investigator shall forward copies of the Level Two report to the student's parent or guardian, to the employee, to the employee's immediate supervisor, and to the Superintendent of Schools. The person filing the initial report, if not the student's parent or guardian, shall be notified of the disposition of the case, but shall not be provided a copy of the Level Two investigator's report.
11. If the Level Two investigator concludes that abuse occurred by a licensed employee, the Level One investigator shall file a complaint with the Board of Educational Examiners on behalf of the District and signed by the Superintendent of Schools. The Level One investigator should contact the District's legal counsel for assistance in filing the complaint.
12. The Level One investigator shall arrange, upon request, for counseling services for the student through the District's or the AEA's counseling services, or by referral (at parent expense) to community resources.
H. Safety of Students. The Level One investigator may recommend, or the Superintendent (or designee) on his/her own initiative may take, actions to protect the safety of the student(s) during the pendency of an investigation, including:
1. making arrangements so the student is not in direct contact with the employee.
2. removing the employee from service.
I. Access to Records and Students. The Level One investigator shall have access to educational records of the alleged victim. The Level Two investigator shall have access to the student's records if the parent or guardian consents (or if the student consents if the student is at least 18 years old or enrolled after graduation in a post-secondary institution). The Level One and Level Two investigators shall also have access to students and employees for purposes of investigating the allegations. In cases of investigation of allegations of sexual abuse, the investigator shall notify the parent, guardian, or legal custodian of a child in prekindergarten through grade six of the date and time of the interview and of the right to be present or to see and hear the interview or to send a representative in the parent's place.
Date of Last Review: October 14, 2019
Date of Revision: March 10, 2008
565668
DECORAH COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
(SEE ATTACHED FORM)
Date of Last Review: October 14, 2019
(SEE ATTACHED FORM)
Date of Last Review: October 14, 2019
The Decorah Community School District promotes healthy students by supporting wellness, good nutrition and regular physical activity as a part of the total learning environment. The school district supports a healthy environment where students learn and participate in positive dietary and lifestyle practices. By facilitating learning through the support and promotion of good nutrition and physical activity, we contribute to the basic health status of students. Improved health optimizes student performance potential.
The school district provides a comprehensive learning environment for developing and practicing lifelong wellness behaviors. The entire school environment, not just the classroom, shall be aligned with healthy school district goals to positively influence a student's understanding, beliefs and habits as they relate to good nutrition and regular physical activity.
The school district supports and promotes proper dietary habits contributing to students' health status and academic performance. All foods and beverages available on school grounds and at school-sponsored activities during the instructional day should meet or exceed the school district nutrition standards and be in compliance with applicable state and federal laws. Foods should be served with consideration toward nutritional integrity, variety, appeal, taste, safety and packaging to ensure high-quality meals.
The school district will make every effort to eliminate any social stigma attached to, and prevent the overt identification of, students who are eligible for free and reduced-price meals. Toward this end, the school district may utilize electronic identification and payment systems; provide an alternate meal at no charge to any child who requests it; promote the availability of meals to all students; and/or use nontraditional methods for serving meals, such as "grab-and-go" or classroom breakfast.
Parents, students, representatives of the school food authority, the school board, school administrators, community members and the general public, physical education teachers, and school health professionals may participate in the development, implementation, and periodic review and update of this policy. The school district will maintain a local school wellness team comprised of such individuals. The local wellness team will develop a plan to implement this wellness policy and periodically review and update the policy. The team will designate an individual to chair the team and help with the implementation and evaluation of the policy. The team will report annually to the board and community regarding the content and effectiveness of this policy and recommend updates if needed. When monitoring implementation, school buildings will be evaluated individually with reports prepared for each building and the school district as a whole for review by the school board. The wellness team will designate building advisors to make sure buildings are in compliance with this wellness policy.
Specific wellness goals will be evaluated on a yearly basis by the wellness team, with review and oversight provided by the school board. Specific goals for nutrition education and promotion and procurement, physical activity, and other school-based activities that are designed to promote student wellness are set forth in Appendices A, B, and C, respectively. School food nutrition guidelines are set forth in Appendix D. The board will monitor and evaluate this policy as set forth in Appendix E.
The school district will be responsible to ensure that the public, including parents, students, and others in the community, are informed and updated about the content and implementation of this policy.
Date of Last Review: October 14, 2019
Date of Revision: October 14, 2019
DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS
Code No. 507.11
Appendix A
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Nutrition Education, Promotion and Procurement
The school district will provide nutrition education and engage in the procurement of foods that uphold the nutrition guidelines of food as presented in Appendix D and applicable state and federal laws, and to the greatest extent possible provide local, fresh and healthy foods. Nutrition education and procurement will support the values of local food being good for our health, our environment, our community and our economy.
Nutrition Education and Promotion:
Food Procurement:
Code No. 507.11
Appendix A
Page 2 of 2
Code No. 507.11
Appendix B
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Physical Activity
The school district will provide physical education that:
Elementary schools should provide wellness time for students that:
For students to receive the nationally recommended amount of daily physical activity and for students to fully embrace regular physical activity as a personal behavior, students need opportunities for physical activity beyond the physical education class. Toward that end, the school district will:
Code No. 507.11
Appendix B
Page 2 of 2
Employees should not use physical activity (e.g., running laps, pushups) or withhold opportunities for physical activity (e.g., wellness time, physical education) as punishment during the school day.
Except as otherwise provided by law, physically able students in grades kindergarten through 5 shall engage in physical activity for a minimum of 30 minutes each school day, and physically able students in grades 6 through 12 shall engage in physical activity for a minimum of 120 minutes per week in which there are at least 5 days of school. This requirement may be met by physical education classes, activities at recess or during class time, and before- or after school activities.
Code No. 507.11
Appendix C
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Other School-Based Activities that Promote Student Wellness
The school district will support parents’ efforts to provide a healthy diet and daily physical activity for their children. The school district will:
School-based marketing will be consistent with nutrition education and health promotion. The school district will:
Code No. 507.11
Appendix D
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Nutrition Guidelines for All Foods Available on Campus
The nutrition guidelines for all foods available will focus on compliance with applicable federal and state laws and school district nutrition standards, and promoting student health and reducing childhood obesity
Meals served through the National School Lunch and Breakfast Programs will:
School will:
To ensure that all children have breakfast, either at home or at school, in order to meet their nutritional needs and enhance their ability to learn, schools will:
Code No. 507.11
Appendix D
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The school district:
Qualified nutrition professionals will administer the meal programs. As part of the school district's responsibility to operate a food service program, the school district will:
Code No. 507.11
Appendix D
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Foods Sold Outside the Meal (e.g. vending, a la carte, sales)
All foods and beverages sold individually outside the reimbursable meal programs (including those sold through a la carte [snack] lines, vending machines, and student stores or regulated fundraising activities) on school grounds during the school day or through programs for students after the school day will meet or exceed the school district nutrition standards and be in compliance with applicable state and federal laws.
Parents are strongly encouraged to purchase a school lunch when eating with their child or pack a homemade meal.
Regulated fundraising activities on school grounds during the school day must comply with the school district nutrition standards and be in compliance with applicable state and federal laws. The school district encourages fundraising activities that promote physical activity. The school district will make available a list of ideas for acceptable fundraising activities.
Snacks served during the school day or in after-school care or enrichment programs will make a positive contribution to children's diets and health, with an emphasis on serving fruits and vegetables as the primary snacks and water as the primary beverage. Schools will assess if and when to offer snacks based on timing of meals, children's nutritional needs, children's ages and other considerations. The school district will disseminate a list of healthful snack items to teachers, after-school program personnel and parents that meet the applicable nutrition content standards.
If eligible, schools that provide snacks through after-school programs will pursue receiving reimbursements through the National School Lunch Program.
The school district will not use foods or beverages, especially those that do not meet the nutrition standards for foods and beverages sold individually, as rewards for academic performance or good behavior, and will not withhold food or beverages (including food served through meals) as a punishment.
Schools should evaluate their celebrations practices that involve food during the school day. The school district will disseminate a list of healthy party ideas to parents and teachers.
Code No. 507.11
Appendix D
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Foods and beverages offered or sold on school grounds at school-sponsored events outside the school day are encouraged to meet the nutrition standards for meals or for foods and beverages sold individually following the applicable nutrition content standards.
All foods made available on campus must adhere to food safety and security guidelines.
All foods made available on campus must comply with the state and local food safety and sanitation regulations. Hazard Analysis and Critical Control Points (HACCP) plans and guidelines are implemented to prevent food illness in schools.
Code No. 507.11
Appendix E
Page 1 of 2
Plan for Measuring Implementation
Monitoring
When monitoring implementation, school buildings will be evaluated individually with reports prepared for each building and the school district as a whole for review by the school board. The superintendent will ensure compliance with established school district-wide nutrition and physical activity wellness policies.
In each school:
the principal will ensure compliance with those policies in the school and will report on the school's compliance to the superintendent; and,
food service staff, at the school or school district level, will ensure compliance with nutrition policies within food service areas and will report on this matter to the superintendent or principal.
In the school district:
the school district will report on the most recent USDA School Meals Initiative (SMI) review findings and any resulting changes. If the school district has not received a SMI review from the state agency within the past five years, the school district will request from the state agency that a SMI review be scheduled as soon as possible;
the superintendent will develop a summary report every three years on school district-wide compliance with the school district's established nutrition and physical activity wellness policies, based on input from schools within the school district; and,
the report will be provided to the school board and also distributed to all school wellness committees, parent/teacher organizations, principals and health services personnel in the school district.
Specific wellness goals will be evaluated on a yearly basis by the wellness team. The team will report annually to the board and community regarding the content and effectiveness of the wellness policy and recommend updates if needed.
Policy Review
To help with the initial development of the school district's wellness policies, each school in the school district will conduct a baseline assessment of the school's existing nutrition and physical activity environments and practices. The results of those school-by-school assessments will be compiled at the school district level to identify and prioritize needs.
The school district will periodically measure and make available to the public an assessment on the implementation of the school district's wellness policy, including the extent to which schools in the
Code No. 507.11
Appendix E
Page 2 of 2
District are in compliance with the policy, the extent to which the policy compares to model local school wellness policies, and the progress made in attaining the goals of the policy.
Assessments will be repeated at least every 3 years to help review policy compliance, assess progress and determine areas in need of improvement. As part of that review, the school district will review the nutrition and physical activity policies and practices and the provision of an environment that supports healthy eating and physical activity. The school district will revise the wellness policies and develop work plans to facilitate their implementation.
Appendix E
PLAN FOR MEASURING IMPLEMENTATION
Monitoring
When monitoring implementation, school buildings will be evaluated individually with reports prepared for each building and the School District as a whole for review by the School Board. The superintendent will ensure compliance with established school district-wide nutrition and physical activity wellness policies.
In each school:
the principal will ensure compliance with those policies in the school and will report on the school’s compliance to the superintendent; and,
food service staff, at the school or School District level, will ensure compliance with nutrition policies within food service areas and will report on this matter to the superintendent or principal.
In the School District:
the superintendent will develop a summary report every three (3) years on school district-wide compliance with the School District’s established nutrition and physical activity wellness policies, based on input from schools within the School District; and,
the report will be provided to the School Board and also distributed to all school wellness committees, parent/teacher organizations, principals and health services personnel in the School District.
Specific wellness goals will be evaluated on a yearly basis by the wellness team. The team will report annually to the board and community regarding the content and effectiveness of the wellness policy and recommend updates if needed.
Policy Review
To help with the initial development of the School District’s wellness policies, each school in the School District will conduct a baseline assessment of the school’s existing nutrition and physical activity environments and practices. The results of those school-by-school assessments will be compiled at the School District level to identify and prioritize needs.
The School District will periodically measure and make available to the public an assessment on the implementation of the School District’s wellness policy, including the extent to which schools in the District are in compliance with the policy, the extent to which the policy compares to model local school wellness policies, and the program made in attaining the goals of the policy.
Assessments will be repeated at least every three (3) years to help review policy compliance, assess progress and determine areas in need of improvement. As part of that review, the School District will review the nutrition and physical activity policies and practices and the provision of an environment that supports health eating and physical activity. The School District will revise the wellness policies and develop work plans to facilitate their implementation.
Date of Review: January 15, 2018
Date of Revision: August 13, 2018
DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS