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 Review: August 12, 2019 Date of Revision: August 12, 2019

Legal References: 68B.2A, 279.8, ch 721, Code of Iowa; 282 I.A.C.  25, 26

565747

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

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: August 12, 2019 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

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: August 12, 2019 Date of Revision: September 16, 2013

Legal References: Chapter 68B, Code of Iowa

00972266

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS 

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: August 12, 2019 Date of Revision: August 12, 2019

Legal References: 68A.406, 68A.505, 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

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: August 12, 2019 Date of Revision: September 16, 2013

Legal References: 71.1, 279.8, Code of Iowa

00972269

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

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: August 12, 2019 Date of Revision: August 12, 2019

Legal References: 232, 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

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.
• Knowingly allowing a person custody or control of, or unsupervised access to a child or minor, after knowing the person is required to register or is on the sex offender registry.
• The person responsible for the care of the child has knowingly allowed the child access to obscene material as defined under Iowa law, or has knowingly disseminated or exhibited such material to a child.
• The recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a child for the purpose of commercial sexual activity as defined under Iowa law.

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:  August 12, 2019

Revised: September 16, 2013

00972273

DECORAH COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

 

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: August 12, 2019 Date of Revision: September 16, 2013

Legal References: 279.8, Code of Iowa

00972277

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

Code No. 406.8

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

DECORAH COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS                         

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: August 12, 2019 Date of Revision: August 12, 2019

Legal References: Chapter 232, 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

Code No. 406.10

 

Cell Phone Policy

 

Certain employees will be provided with cell phone service or a stipend due to the nature of the   position within the District. Employees provided with this benefit may be required to carry a phone for communication during and after normal school hours, for safety and/or operational concerns.

Employees with school supplied cell phone and plan:

The following Decorah Community Staff positions are eligible for a provided cell phone and plan deemed necessary for safety, security, and communication purposes. The District will maintain a group plan for eligible individuals to include basic voice and texting services.  In certain situations, it may be necessary for the person to also have cell data services. Those will be approved on a case-by-case basis by the district Superintendent and Director of Information, Systems and Instructional Technology.

1. Superintendent.
2. Building principals.
3. Associate Principals/AD’s
4. Director of Information, Systems and Instructional Technology, Director of Operations and Maintenance; Director of Transportation.
5. Special Education Facilitator, Student and Family Services Facilitator.
6. Head School Nurse.

The following procedures are specific to those who have a District purchased cell phone and service plan:

Cell phone service provided to an employee is primarily for business use.  Business use is any use in the course of performing specific job-related duties on behalf and for the benefit of the District. Because of the difficulty in separating business from personal calls, it is recognized and permissible for the employee to also use the District cell phone for limited and responsible amount of personal call time.

• The District has established a cell phone contract with a primary vendor and employees issued cell phones will be covered by this contract agreement.
• Employees who use a District-issued phone have no expectation of privacy for any activity on the phone including, but not limited to, billing records, text messages sent and received, and phone calls placed and received.
• Inappropriate use of a District provided cell phone will result in disciplinary action, including possible termination.
• Phones lost or damaged by the employee will be replaced by the District per the cell phone contract provisions and it will be the responsibility of the employee to reimburse the District for this cost.
  • District cell phones may be upgraded according to contract terms (typically every 2 years). This will be done by contacting the Director of Information, Systems and Instructional Technology.
•     The District will not reimburse staff member s for personal cell phone plans. If the

employee chooses to have a personal plan, they will need to carry both cell phones or choose a Stipend Reimbursement.

•     Employees who use a District-issued phone or receive a stipend shall ensure that the phone is properly secured with a passcode, fingerprint identification, or Face ID.

Cell Phone Policy

 

Employees with Stipend Reimbursement:

 

The following Decorah Community Staff positions may need a personal cell phone to be accessible to the District and are eligible for a nine-month stipend reimbursement reimbursed twice per year.

Assistant Transportation Director/Mechanic/Bus Driver School Staff Nurse (Second Nurse)

Maintenance Technician Food Service Director

High School Substitute Contact/Caller of Substitutes Elementary Substitute Contact/Caller of Substitutes District Computer Technician

Instructional Technology Facilitator

Individuals may choose any carrier and plan that meets their personal needs. The District will provide a monthly stipend as stated above. The District Technology Staff will not support any non-District devices.

The following procedures apply to all positions:

As a condition of providing this cell phone or stipend, the employee is expected to carry the phone and be responsive to calls concerning District business during and outside of regular business hours.

Employees are prohibited from using a District proved cell phone while operating a motor vehicle.

The cell phone numbers of District provided phones will be made available to District administrative staff for their use.

Employee cell phone use during workday:

Employees should not use District-issued or personal cell phones for personal business while on­duty except in the case of an emergency or during prep time or break/lunch times.

 

 

Date of Adoption: October 14, 2019                               Legal References:

 

Date of Review:  August 9, 2021                                    279.8, Code of Iowa

 

Date of Revision:  September 13, 2021                          

 

 

 

 

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