Employee Personnel Records Content

1. Employee personnel records may contain the following information:

• Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.

• Individual employment contract.

• Evaluations.

• Application, resume and references.

• Salary information.

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

• Educational transcripts.

• Assignment.

• Records of disciplinary matters.

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

• Medical professional signed physical form.

• Sick or long-term disability leave days.

• Worker's compensation claims.

• Reasonable accommodation made by the school district to accommodate the employee's disability.

• Employee's medical history.

• Employee emergency names and numbers.

• Family and medical leave request forms.

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

• The name and compensation of the individual, including any written agreement establishing compensation or any other terms of employment, except for that information that is otherwise protected. "Compensation" includes the value of benefits conferred including, but not limited to: casualty, disability, life or health insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments, retirement benefits and deferred compensation;

• The dates the individual was employed by the government body;

• The positions the individual holds or has held with the government body;

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

• The fact that the individual resigned in lieu of termination, was discharged, or was demoted as a result of a disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion.  “Demoted” or “demotion” mean a change of an employee from a position in a given classification to a position in a classification having a lower pay grade; and 

• Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to the Family Educational Privacy Rights Act (FERPA.)

Applicant File Records Content

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

• Application for employment.

• Resume.

• References.

• Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.

• Affirmative action form, if submitted.

Record Access

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

Employee Record Retention

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

Approved   1/22/01          Reviewed    2/24/2020    Revised 5/15/24

Cell phone Usage

1.   Cell phones shall be used in a manner that does not disrupt instruction and should not be used during school-sponsored programs, meetings, in-services, or other events where there exists a reasonable expectation of quiet attentiveness unless there is a reason of personal health or safety involved.

2.   Cell phones should not be used to transmit confidential student or personal information either verbally or written. 

3.   Employees are prohibited from using a cell phone while driving as part of their work duties, unless in the case of an emergency, unless the vehicle has come to a complete stop and the gear is in park. 

4.   Cell phones are provided specifically to carry out official school district business when other means of communications are not readily available.  These devices may not be used for routine personal communications.

5.   Personal use of school district-provided cell phones is limited to making or receiving calls for emergency and/or incidental purposes.  Whenever possible, such calls should be made or received on school district or other public telephones.

6.   Employees issued a cell phone are responsible for its safekeeping at all times.  Defective, lost or stolen cell phones are to be reported immediately to the superintendent who will in turn notify the service provider. Reckless or irresponsible use of school district equipment, resulting in loss or damage may result in the employee having to reimburse the school district for any associated costs of replacement or repair.

7.   Cell phones and any other school district issued communication equipment issued for employees are to be returned to the board secretary at the conclusion of the school year, activity or as otherwise specified or immediately upon request.

Cell Phone Authorization - School district‑provided cell phones may be purchased and authorized for staff use in accordance with the following guidelines:

Cell phones may be assigned or made available on a temporary basis, by the superintendent, when it is determined:

1.   The assignment of a cell phone device to the employee is a prudent use of school district resources;

2.   The employee's job responsibilities requires the ability to communicate frequently outside of district property and/or regular district hours.

3.   The employee's job involves situations where immediate communication is necessary to ensure the safety of individuals and security of school district property.

Cell Phone Business Procedures

School district employees may be reimbursed for use of privately owned cell phones to conduct school district business in accordance with board policy and this regulation, with prior approval of the superintendent.

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

2. If personal calls are made on a district-owned phone and the calls result in an additional plan charge to the district, the calls must be itemized and reimbursed to the district.

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

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

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

Child Abuse Defined

"Child abuse" is defined as:

•         Any non-accidental physical injury, or injury which is at variance with the history given of it, suffered by a child as the result of the acts or omissions of a person responsible for the care of the child.
•         The commission of a sexual offense with or to a child . . . as a result of the acts or omissions of the person responsible for the child. . . .  Sexual offense includes sexual abuse, incest, and sexual exploitation of a minor.
•         The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing or other care necessary for the child's welfare when financially able to do 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.

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

Reporting Procedures

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

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

•     name, age, and home address of the child;
•     name and home address of the parents, guardians or other persons believed to be responsible for the care of the child;
•     the child's present whereabouts if not the same as the parent's or other person's home address;
•     description of injuries, including evidence of previous injuries;
•     name, age, and condition of other children in the same home;
•     any other information considered helpful; and,
•     name and address of the person making the report.

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

Approved   1/17/94            Reviewed    6/19/24            Revised    9/15/97       

(FORM ATTACHED)

(FORM ATTACHED)

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

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

Upon request, the Level I investigator may assist the reporter in completing the report.  An incomplete report shall not be rejected unless the missing information would render the investigation futile or impossible.  An employee receiving a report of alleged abuse of a student by an employee shall pass the report to the investigator and shall keep the report confidential to the maximum extent possible.  In performing the investigation, the investigator shall have access to the educational records of the alleged student victim as well as access to the student for interviewing purposes.

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

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

•         temporarily remove the student from contact with the employee;
•         temporarily remove the employee from service; or,
•         take other appropriate action to ensure the student's safety.

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

Physical Abuse Allegations

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

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

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

The written investigative report shall include:

1.     The name, age, address and attendance center of the student named in the report.
2.     The name and address of the student's parent or guardian and the name and address of the person filing the report, if different from the student's parent or guardian.
3.     The name and work address of the employee named in the report as allegedly responsible for the abuse of the student.
4.     An identification of the nature, extent and cause, if known, of any injuries or abuse to the student named in the report.
5.     A general review of the investigation.
6.     Any actions taken for the protection and safety of the student.
7.     A statement that, in the investigator's opinion, the allegations in the report are either:
   •             Unfounded.  (It is not likely that an incident, as defined in these rules, took place), or
   •             Founded.  (It is likely that an incident took place.)
8.     The disposition or current status of the investigation.
9.     A listing of the options available to the parents or guardian of the student to pursue the allegations.  These options include, but are not limited to:
   •             Contacting law enforcement officials.
   •             Contacting private counsel for the purpose of filing a civil suit or complaint.
   •             Filing a complaint with the board of educational examiners if the employee is a licensed employee.

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

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

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

        Physical abuse is non-accidental physical injury to the student as a result of the action of an employee.  Injury occurs when evidence of it is still apparent at least twenty-four hours after its occurrence. The following do not constitute physical abuse, and no employee is prohibited from:

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

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

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

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

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

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

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

            (7)    To protect the safety of others.

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

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

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

        b.    The size and physical condition of the student.

        c.    The instrumentality used in making the physical contact.

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

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

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

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

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

Sexual Abuse

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

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

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

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

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

The investigator shall notify the parent, guardian or legal custodian of a student in 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 send a representative in the parent's place.  The Level I investigator shall interview the student as soon as possible, but in no case later than five days from the receipt of a report or notice of the allegation of sexual abuse. The Level I investigator may record the interview electronically.

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

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

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

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

1.     The name, age, address and attendance center of the student named in the report.
2.     The name and address of the student's parent or guardian and the name and address of the person filing the report, if different from the student's parent or guardian.
3.     The name and work address of the school employee named in the report as allegedly responsible for the abuse of the student.
4.     An identification of the nature, extent and cause, if known, of any injuries or abuse to the student named in the report.
5.     A general review of the investigation.
6.     Any actions taken for the protection and safety of the student.
7.     A statement that, in the investigator's opinion, the allegations in the report are either:
   •             Unfounded.  (It is not likely that an incident, as defined in these rules, took place), or
   •             Founded.  (It is likely that an incident took place.)
8.     The disposition or current status of the investigation.
9.     A listing of the options available to the parents or guardian of the student to pursue the allegations.  These options include, but are not limited to:
   •             Contacting law enforcement officials.
   •             Contacting private counsel for the purpose of filing a civil suit or complaint.
   •             Filing a complaint with the board of educational examiners if the school employee is certificated.

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

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

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

In cases involving founded physical or sexual abuse by a licensed employee, the board shall notify the Board of Educational Examiners.  Information of unfounded abuse at Level I or Level II shall not be kept in the employee's personnel file. If the Level I investigative report is founded but Level II is unfounded, then the Level I report shall be removed from the employee's permanent file.

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

Approved   1/17/94       Reviewed    6/19/24           Revised    8/18/97       

The Disease

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

The Vaccine

The HBV vaccine is produced from yeast cells.  It has been extensively tested for safety and effectiveness in large scale clinical trials.

Approximately 90 percent of healthy people who receive two doses of the vaccine and a third dose as a booster achieve high levels of surface antibody (anti-HBs) and protection against the virus.  The HBV vaccine is recommended for workers with potential for contact with blood or body fluids. Full immunization requires three doses of the vaccine over a six-month period, although some persons may not develop immunity even after three doses.

There is no evidence that the vaccine has ever caused Hepatitis B.  However, persons who have been infected with HBV prior to receiving the vaccine may go on to develop clinical hepatitis in spite of immunization.

Dosage and Administration

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

Possible Vaccine Side Effects

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

CONSENT OF HEPATITIS B VACCINATION

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

REFUSAL OF HEPATITIS B VACCINATION

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

I refuse because I believe I have (check one)

              started the series                        completed the series

RELEASE FOR HEPATITIS B MEDICAL INFORMATION

I hereby authorize                                           (individual or organization holding Hepatitis B records and address) to release to the                                Emmetsburg Community School District, my Hepatitis B vaccination records for required employee records.

I hereby authorize release of my Hepatitis B status to a health care provider, in the event of an exposure incident.

CONFIDENTIAL RECORD

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

Hand Washing

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

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

    Hands shall be washed after contact with any used equipment.

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

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

Barriers

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

Disposal of Waste

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

Clean up

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

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

Laundry

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

Exposure

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

        Always wash the exposed area immediately with soap and water.

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

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

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

Approved   1/22/01            Reviewed    5/20/15                    Revised    4/25/05      

EMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace policy for an employee to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbituate, marijuana or any other controlled substance or alcohol, as defined in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 and Iowa Code Chapter 204.

"Workplace" is defined as the site for the performance of work done in the capacity as a employee.  This includes school district facilities, other school premises or school district vehicles. Workplace also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business. The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy.

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

SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM

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

___________________________               _______________________

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

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

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

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

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

Approved   1/17/94            Reviewed    6/17/2020            Revised    6/17/2020   

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

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

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

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

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.

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

DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET

Section I:    General requirements:

        Determine qualifying drivers in the drug and alcohol testing program.  (Driver must meet first and third OR second and third).

            Drive or may drive a vehicle transporting 16 or more persons, including the driver; 

            Drive or may drive vehicles weighing over 26,001 pounds requiring a commercial driver license; and

            Drive full time, part-time, occasionally, under a lease or under a contract with an independent contractor or otherwise drive with the consent of the school district.  

        Total drivers meeting the qualifications above in the drug and alcohol testing program.

            Regularly employed drivers

            Substitute drivers

            Others who are available to drive.

        Determine delivery method of drug and alcohol testing program.  (Choose one.)

            Iowa Drug and Alcohol Testing Program (IDATP). 

            Other service provider.

            School district will conduct its own program.

        Identify/Verify the school district contact person(s) and back-up school district contact person(s).

        Draft revised board policy and its supporting documents and forms.

        Hold meeting to inform drivers about the federal regulations and revised board policy and its supporting documents and forms.

                Inform drivers that time involved with drug and alcohol testing is on-duty time and they will be paid.

                Inform drivers that their records related to drug and alcohol testing are confidential records and will only be released with appropriate authorization..

        Adopt revised board policy and its supporting documents and forms.

        Hold meeting or meet with drivers individually to inform them about the federal regulations, and revised board policy and its supporting documents and forms.  

            Drivers complete policy sign off sheet.  (403.7E2)

            Drivers take policy and sign off sheet with them to complete within a limited number of days.  (403.7E2)

            Compile a list of resources available to provide evaluation and assistance with drug use or alcohol misuse for the drivers.

        Develop a training program or contract for training to educate drivers about the effects of drug use and alcohol misuse on their work and their personal lives..

        File new policy sign off sheet in each driver's drug and alcohol testing personnel file.

            File new unsigned policy sign off sheet in the driver's drug and alcohol testing personnel file with documentation why it is unsigned.

        Instruct drivers on revised procedures to follow in the event of an accident.  (403.7E10)

        Place revised summary of post-accident instructions in each school vehicle for reference by driver in the event of an accident.  (403.7E10)

        Make arrangements to have a minimum of two employees receive the reasonable suspicion training.

        Contact the collection site and arrange a meeting to review the following.

            Procedures for setting up appointments.

            School district's collection site contact person.

            Procedures when a driver has no photo identification

            Procedures for receiving alcohol test results.

            Procedures for transporting drivers with an alcohol test result of 0.02 alcohol concentration or greater.

Section II.    Record keeping.

        Ensure drug and alcohol testing related records are retained in limited access secure storage files separate and apart from the drivers' general personnel records.

        Verify/create individual driver drug and alcohol testing file to contain:

            Policy sign off sheet.  (403.7E2)

            Agreement to participate in the program.  (403.7E2)

            Pre-employment drug and alcohol testing related information.  (Applicable only to drivers hired after Jan.1, 1996).  (403.7E5)

            Pre-employment release of prior employer drug and alcohol testing related information.  (Applicable only to drivers hired after Jan.1, 1996).  (403.7E3)

            Pre-employment drug test authorization.  (Applicable only to drivers hired after Jan. 1, 1996.  (403.7E7)

            Copy of Drug/Alcohol Test Notification form.  (403.7E4)

            Copy of drug test chain of custody form.

            Copy of alcohol test form.

            Refusals to test.

            Substance abuse professional evaluation and treatment records, (if any).

            Other information pertinent to the driver.

            Supervisor and/or driver training sign-off sheets.

        Verify/create files for other drug and alcohol testing related information.

            Accident information.

            Random selection lists.

            Positive drug test results.

            Positive alcohol test results.

            Negative drug tests results.

            Negative alcohol tests results.

            Change list of all driver adds/deletes from the drug and alcohol testing program.  (403.7E8)

            Miscellaneous drug and alcohol testing related information.

            Reasonable suspicion training certificates.

        Records related to the calibration of the evidentiary breath testing devices, training of the collection site personnel and other related information kept by (IDATP/service provider) is available from (IDATP/service) provider within two working days.  

        Records related to saliva alcohol testing devices.

        Records related to the school district serving as a saliva alcohol testing or urine specimen collection site.

Section III.    Release of Drug and Alcohol Testing Related Records.

        Generally, a driver's drug and alcohol testing records are released only with the permission of the driver.

        Driver may have prompt access to and copies of their drug and alcohol testing records.

            Request for access must be in writing.  

            Copying fees for the records must be in accordance with board policy.

        Drug and alcohol testing records are available to subsequent employers with the driver's written authorization.

        Without the driver's written permission, the driver's drug and alcohol test records are made available to a decision maker in a lawsuit, grievance or other proceeding initiated by or on behalf of the driver, and arising from the results of a drug or alcohol test under the federal regulations or from the school district's determination that the driver violated the federal regulations.  

Section IV.    Pre-employment testing.

        Include the requirement of a drug test in any advertising, posting or other notice of the driver position. 

       Applicant completes the Pre-employment Drug Test Acknowledgment form.  (403.7E7)

        Applicant completes the Consent for Release of Information form.  (403.7E3)

        Applicant completes Certification of Previous Employers Requiring a Commercial Driver's License.  (403.7E5)

        Applicant completes the Drug/Alcohol Test Notification Form.  (403.7E4)

        Obtain information required on the Consent for Release of Information form.  (403.7E3)

            Received prior to the applicant performing a safety-sensitive function. 

            Received no later than fourteen days of the applicant performing a safety-sensitive function.  (Recommended only when absolutely necessary.)

          Applicant obtains the pre-employment drug test.

        Receive pre-employment drug test results.

            Negative drug test allows the applicant to begin to perform a safety-sensitive function.

            Positive drug test removes the applicant from further consideration for the driver position.

        Forward the pre-employment drug test results to the applicant upon the applicant's request.

        File all documentation

            If not hired, file with the applicant's application.  

            If hired, file with the applicant's drug and alcohol related personnel file.  

Section V:    Alcohol Test Results.

        Receive alcohol test results from collection site person.

            By telephone using a password system with written results to follow by mail (or other means).

            By a secure electronic means.

            By secure fax.

        Alcohol test result is less than 0.02 alcohol concentration.

            Driver may continue to perform a safety-sensitive function.

        Alcohol test result is 0.02 to 0.0399 alcohol concentration.

            School district transport driver to home or other location.

            Driver may not perform a safety-sensitive function for twenty-four hours.

            Make arrangements for substitute, if necessary.

            No action may be taken against the driver under the federal regulations.

            Repeated offenses must be reported to superintendent for action. 

            Document incident and file.

        Alcohol test result is 0.04 or greater alcohol concentration.

            School district transport driver to home or other location.

            Driver may not perform a safety-sensitive function. 

            Make arrangements for substitute, if necessary.

            Place driver on leave.  

            Take necessary steps after consulting with the school attorney to terminate the driver.

Section VI:    Drug Test Results.

        Receive drug test results from the medical review officer.

            By telephone using a password system with written results to follow by mail (or other means).

            By secure electronic means to be printed for filing.

            By secure fax.

        Drug test result is negative.

            Driver may continue to perform a safety-sensitive function.

        Drug test result is positive.

            Driver may not perform a safety-sensitive function.

         Make arrangements for substitute, if necessary.

            Place driver on leave. . 

            Take necessary steps after consulting with the school attorney to terminate the driver.

Section VII:    Random Drug and Alcohol Testing.

        Receive the random selection list from IDATP.

        Determine the date and time a driver or the random selection list will be notified and make appointments at the collection site. 

        Notify selected drivers.

            Notify the required number of drivers on the random selection list prior to the end of the quarter.  

            Vary notification each quarter, including day, week and time of day to ensure drivers do not know the random testing is completed for the quarter and now they are free to misuse alcohol or use drugs until the next quarter.  

        Notified drivers sign the Drug/Alcohol Test Notification form.  (403.7E4)

       Driver proceeds to collection site.

        Document, if necessary, reasons why any driver on the random selection list was not notified and attach documentation to the random selection list.  

        Go to Section V, Alcohol Test Results, or Section VI, Drug Test Results, for appropriate action based on test results.

Section VIII:    Reasonable Suspicion Testing.

        Driver supervisors who have received reasonable suspicion training document specific, contemporaneous, articulable observations of the driver's behavior, speech or body odors on the Reasonable Suspicion Observation form.  (403.7E6)

        A second reasonable suspicion trained employee, if at all possible, documents specific, contemporaneous, articulable observations of the driver's behavior, speech or body odors on the Reasonable Suspicion Observation form.  (403.7E6)

        Driver is removed from performing a safety-sensitive function pending the drug and/or alcohol test results.

        Driver completes Drug/Alcohol Testing Notification form.  (403.7E4)

        Driver is transported to the collection site.

        Complete and file documentation of Reasonable Suspicion Observation form immediately and no later than within twenty-four hours or prior to receiving the test results.  (403.7E6)

Section IX:    Post-Accident Testing.

        Instruct driver on procedures to follow in the event of an accident.

        Place summary of instructions in each school vehicle with the Iowa Pupil Transportation Association's Transportation Assistance Manual for reference by a driver in the event of an accident.  (403.7E10)

        Receive notice of accident from driver.

        Determine whether post-accident testing must be done.  (If any of the following are present, post-accident testing must be done.)

            A fatality, other than the driver, occurred. 

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

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

        Remind the driver of the requirement to remain available for drug and alcohol testing and to not consume alcohol for eight hours after the accident.

        Contact the nearest school district transportation director for the location of their collection site using the Iowa Pupil Transportation Association's Transportation Emergency Assistance Manual.

        Make arrangements for the driver to be tested for alcohol within two hours and no later than eight hours after the accident.

            The reason for failing to have an alcohol test after two hours but prior to eight hours after the accident must be documented and filed.

            The reason for failing to have an alcohol test prior to eight hours after the accident must be documented and filed.  

        Make arrangements for the driver to be drug tested as soon as possible and no later than thirty-two hours after the accident.

            The reason for failing to have a drug test after thirty-two hours after the accident must be documented and filed.

        Medical attention to the driver is not denied in order to conduct the drug and alcohol tests. 

        Alcohol and drug test results conducted by law enforcement in accordance with the federal regulations may be used to meet the post-accident drug and alcohol testing requirements if the school district receives a copy of the test results. .

        Notify insurance company of all accidents, whether post-accident drug and alcohol testing was required and ask the insurance company to maintain a list of all accidents reported so a list of all accidents may be easily complied in the event of a U.S. DOT audit.

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

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents or the law, I may be subject to discipline up to and including termination 

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

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

Furthermore, I know and understand that I am required to submit to a controlled substance (drug) test, the results of which must be received by this employer before being employed by the school district and before being allowed to perform a safety-sensitive function. I also understand that if the results of the pre-employment test are positive, that I will not be considered further for employment with the school district.

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

(FORM ATTACHED)

(FORM ATTACHED)

(FORM ATTACHED)

(FORM ATTACHED)

I,  (   Name of Employee   ), understand that as part of my employment in a position that requires a commercial driver’s license in the __________ District, I grant consent for the District to conduct queries of the Federal Motor Carrier Safety Administration (“FMCSA”) Commercial Driver’s License Drug and Alcohol Clearinghouse to determine whether drug or alcohol violation information about me exists in the Clearinghouse.  I further consent to the District sharing information related to my drug and alcohol testing results with prior, current and future employers, as well as the FMCSA Clearinghouse in accordance with state and federal laws. 

I understand that the District will check and perform queries of my drug and alcohol testing results prior to my employment in any position which requires the use of a commercial driver’s license.  I further understand the District will check and perform queries of my testing results annually and is required to report any drug and alcohol violations of this policy to the FMCSA Clearinghouse. 

I understand that I am not required to consent to the query of the FMCSA Clearinghouse or the District sharing of drug and alcohol testing information with past, present or future employers or the FMCSA Clearinghouse; but that without my consent I understand I will be prohibited from performing safety sensitive functions, including driving a commercial motor vehicle, as required by FMCSA’s drug and alcohol program regulations. 

I hereby give my consent to the District to perform queries of the FMCSA Clearinghouse and share my drug and alcohol testing results with past, present and future employers, as well as the FMCSA Clearinghouse.

__________________________________________________  ________________________

(Signature of Employee)                                                                (Date)

(FORM ATTACHED)

POST-ACCIDENT DRUG AND ALCOHOL TESTING INSTRUCTIONS TO DRIVERS

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

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

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

    School district contact person:           

    School district telephone:               

    School district contact person home telephone:           

    Back-up school district contact person:               

    Back-up school district contact person home telephone:           

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

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

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

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

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

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

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

            b.    Headlight or taillight damage.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This administrative regulation supports the Drug and Alcohol Testing Program policy.  It also establishes and explains the requirements of the school district's drug and alcohol testing program required for employees operating school vehicles.  Note the Drug and Alcohol Testing Program Definitions, Code No. 403.7R2.

A.    Questions regarding the drug and alcohol testing program policy, its supporting administrative regulations or the drug and alcohol testing program may be directed to the school district contact person, the superintendent, at 1600 Grand Ave, Emmetsburg, Iowa.

B.    Covered Drivers.

1.     A driver is covered by the drug and alcohol testing program if the driver:
   •     Drives a vehicle transporting sixteen or more persons, including the driver, OR drive a vehicle weighing over twenty-six thousand one pounds; and 
   •     Required to hold a commercial driver's license for the driver position.
2.     Covered drivers include:
   •     Applicants seeking a position as a driver;
   •     Full time, regularly employed drivers;
   •     Casual, intermittent, occasional or substitute drivers; and
   •     Leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to a school district or who operate a school vehicle at the direction of or with the consent of a school district..
3. Drivers are subject to the drug and alcohol testing program and its requirements throughout the year, including the times when school is not in session or when the driver is on leave.

C.    Prohibited Driver Conduct.

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

2.     Drivers shall not report for duty or remain on duty when using any drug except:

   • When a licensed medical practitioner has advised the driver that the drug does not adversely affect the driver's ability to safely operate a school vehicle.

3.     Drivers shall not use alcohol at least four hours prior to, or during the performance of, a safety-sensitive function.
4.     Drivers shall not possess alcohol while on duty.  This includes possessing prescriptions and over-the-counter medicines containing alcohol unless the packaging seal is unbroken.
5.     Drivers required to take a post-accident alcohol test shall not use alcohol within eight hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.
6.     Drivers shall not refuse to submit to a drug or alcohol test.  A refusal to test is considered a positive test resulting in suspension from duties pending termination of the driver.
7.     Drivers shall not report for duty or remain on duty performing a safety-sensitive function if the driver has a positive drug test result.

D.    Alcohol Testing Procedures.

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

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

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

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

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

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

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

                    (b)    A confirmation alcohol test result of 0.02 alcohol concentration but less than 0.04 alcohol concentration requires the driver to cease performing a safety-sensitive function for twenty-four hours.

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

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

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

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

    4.    Screening alcohol testing steps.

                     a.    Once the driver is notified to submit to an alcohol test, the driver must complete the Alcohol/Drug Test Notification Form and proceed immediately to the collection site.  Collection site personnel contact the school district contact person immediately when a driver does not arrive at the specified time. Failure to arrive at the collection site in a timely manner is considered a refusal to test.

                     b.    Upon arrival, the driver must provide a photo identification.  Repeated failure of the driver to produce a photo identification is considered insubordination as well as a refusal to test.

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

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

                     e.    Evidentiary breath alcohol testing device procedures.

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

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

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

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

                                         (c)    Failure to provide adequate breath is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate breath.

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

                       f.    Saliva alcohol testing device procedures.

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

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

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

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

                                        (a)    The school district is informed.

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

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

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

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

                     h.    Screening alcohol test results.

                                (1)    An alcohol test result of less than 0.02 alcohol concentration is reported to the school district in a confidential manner and the driver may continue to perform a safety-sensitive function.

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

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

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

    5.    Confirmation alcohol testing steps.

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

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

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

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

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

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

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

                             (2)    The school district is notified immediately of the refusal to sign.

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

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

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

                       j.    The BAT informs the school district's contact person of the results of the test in a confidential manner.

                             (1)    An alcohol test result of less than 0.02 alcohol concentration is reported to the school district in a confidential manner and the driver may continue to perform a safety-sensitive function.

                            (2)    The breath alcohol technician notifies the school district contact person immediately of confirmation alcohol test results of 0.02 alcohol concentration or more.

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

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

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

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

                             (2)    Failure to provide adequate breath is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate breath.

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

E.    Drug Testing Procedures.

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

                  2.    A split specimen urine drug test, often called "split sample test," is used to conduct the drug test.

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

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

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

                            d.    The driver will be terminated for a positive drug test result. 

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

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

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

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

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

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

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

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

    5.    Drug testing steps.

        a.    The school district contact person makes arrangements with the collection site for the test.

        b.    Once the driver is notified to submit to a drug test, the driver must complete the Alcohol/Drug Test Notification Form and proceed immediately to the collection site.  The collection site person contacts the school district contact person immediately when a driver does not arrive at the specified time. Failure to arrive at the collection site in a timely manner is considered a refusal to test.

        c.    Upon arrival, the driver must provide a photo identification.  Repeated failure of the driver to produce a photo identification is considered insubordination as well as a refusal to test.  The driver may require the collection site person to provide proof of identification.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    6.    Laboratory.

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

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

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

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

    7.    Medical Review Officer (MRO).

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

             b.    The MRO keeps a record of negative drug test results and reports negative drug test results to the school district, usually within two working days.

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

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

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

                       (3)    The MRO contacts the school district contact person for assistance if the driver cannot be reached.

                       (4)    The school district contact person must confidentially inform the driver to contact the MRO.

                       (5)    Upon contacting the driver, the school district contact person must inform the MRO that the driver was contacted.

                       (6)    Drivers who cannot be contacted are placed on temporary medically unqualified status or medical leave.

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

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

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

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

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

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

F.    Pre-employment Testing.

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

                 a.    A negative drug test result; and

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

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

        a.    The following information must be obtained about the driver for the two year period preceding the date of the application.

            (1)    Alcohol test result of 0.04 alcohol concentration or greater;

            (2)    Positive drug test results; and

            (3)    Refusals to be tested.. 

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

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

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

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

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

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

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

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

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

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

G.    Random Testing.

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

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

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

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

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

      6.    Once the driver is notified of being selected for a random test, the driver must proceed immediately to the collection site.  However, drivers performing a safety-sensitive function must safely stop and proceed to the collection site as soon as possible..

H.    Reasonable Suspicion Testing.

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

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

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

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

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

      3.    A reasonable suspicion test request is made by an employee who received training to determine reasonable suspicion. The reasons for the reasonable suspicion must be documented within twenty-four hours or prior to the release of the test results.  If more than one employee trained to determine reasonable suspicion observes the driver, that employee must also document their reasons.

I.    Post-accident Testing.

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

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

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

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

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

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

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

                (b)    Headlight or taillight damage.

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

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

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

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

    3.    Alcohol testing requirements.

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

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

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

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

    4.    Drug testing requirements.

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

        b.    The reasons for not administering the test must be documented.

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

 J.    School district responsibilities.

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

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

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

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

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

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

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

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

K.    Consequences of violating the drug and alcohol testing program policy, its supporting documents or the law.

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

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

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

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

        d.    Drivers refusing to submit to drug and/or alcohol testing are considered insubordinate and are subject to termination.

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

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

L.    Drug and alcohol testing records.

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

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

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

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

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

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

    4.    The following records of the school district's drug and alcohol testing programs are maintained for the time period indicated.

          a.    One year:

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

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

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

             (4)    Records related to substance abuse evaluations.

        b.    Two years:

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

        c.    Five years:

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

            (2)    Verified positive drug test results.

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

            (4)    Evidentiary breath testing device calibration documentation.

            (5)    Driver substance abuse evaluations and referrals.

            (6)    Annual calendar year summary.

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

        d.    Forever or as designated below.

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

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

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

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

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

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

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

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

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

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

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

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

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

Initial test (or screening test) - in drug testing it is an immunoassay screen to eliminate "negative" urine specimens from further consideration.  In alcohol testing it is an analytic procedure to determine whether a driver may have a prohibited concentration of alcohol in a breath or saliva specimen.

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

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

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

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

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

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

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

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

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

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

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

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

The Emmetsburg Community School District and the employee, ________________________, agree as follows:

1. In consideration of the benefits to be provided to the employee in accordance with the Early Retirement Policy, ___________________________, agrees to immediately sign and submit a letter of resignation to be effective at the end of the fiscal year, June 30, 2023, unless an alternate date is agreed to.

2.  ____________________________ is advised that he/she has the right to consult with an attorney prior to signing the Agreement.

3. ____________________________ acknowledges that he/she was given at minimum forty-five (45) days to consider this Agreement. The forty-five (45) days will expire on Dec. 22,2022.

4. Following the signing of this Agreement, ____________________________ shall have seven (7) days to revoke this Agreement, and this Agreement shall not be effective until the seven (7) days have expired.

5.  ____________________________ hereby releases and discharges the Board of Directors of the School District, and any and all officers, employees, representatives or agents of the school district from any and all liability whatsoever, including all claims, demands or causes of action which he/she has or may ever claim to have by reason of of his/her employment with the school district and the termination of of his/her employment with the school district, and ____________________________ specifically waives any rights which he/she may have  or ever claim to have arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. Sec 621, et. Seq.), excluding any claims which may arise after the day of signing this Agreement.

6. ____________________________ agrees that this Agreement is entered into freely and voluntarily and solely in reliance upon his/her own knowledge, belief and judgment and not upon representations made by the school district or others on its behalf.

7. The undersigned employee agrees by this covenant to not apply for  employment in the Emmetsburg Community School District at any time in the future. Consideration for this covenant and agreement is the payment by the Emmetsburg Community School District of the early retirement benefits. The effect of this agreement and covenant is to prevent the undersigned employee from making an application in the future for employment and when denied that employment, making a claim that the district discriminated by virtue of age, race, religion, creed, color, national origin, sex, sexual orientation, gender identity, or disability, by not rehiring the undersigned employee.  The above prohibition shall not prevent the School District from volunteering to offer employment to employees at its own election.

The undersigned employee further acknowledges and understands that this covenant is part of the Early Retirement Program in the Emmetsburg Community School District and if the covenant were not utilized, the benefits that were available to the undersigned employee would be of a lesser value than the undersigned employee would be able to elect.

Employee ___________________________________                Date ___________________

            1.         Year 1 Payout             $10,000           (1st Half July 2023)

                                                            $10,000           (2nd Half January 2024)

                                                            $20,000

            2.         Year 2 Payout             $7,500             (1st Half July 2024)

                                                            $7,500             (2nd Half January 2025)

                                                            $15,000

            3.         Year 3 Payout             $5,000             (1st Half July 2025)

                                                            $5,000             (2nd Half January 2026)

                                                            $10,000

            4.         Unused Sick Days            $___________________________(Paid July 2023)

                                                            ($50 per unused sick day balance at June 30, 2023)

5. Single Policy Insurance Premium with district maximum obligation annually (fiscal year) of $10,000 until eligible for Medicare. If the single policy premium exceeds $10,000 in a year, the early retiree will be responsible for the difference. An early retiree may be enrolled in a family plan at the cost of the early retiree. Early retirees that have an obligation to the district for premiums will send payment to the district at the beginning of each month. In regards to the payment process, this requirement will only change if the requirements with the insurance provider change.

_____________________Approved             _________________________Not Approved

___________________________                  ___________________________________

Date                                                                Superintendent, Emmetsburg CSD

___________________________                  ____________________________________

Date                                                                Board President, Emmetsburg CSD

_____________________________              ___________________________________

Date                                                                Board Secretary, Emmetsburg CSD

______________________________            ___________________________________

Date                                                                Employee                                                       

Code No.  409.2E1

EMERGENCY PAID SICK LEAVE REQUEST FORM UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

Name: _______________________________________

Anticipated Begin Date: _________________________

Expected Return to Work Date: ___________________

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

Signed ________________

Date __________________

note:  This type of emergency paid sick leave is only available through passage of the federal Families First Coronavirus Response Act and will expire on December 31, 2020.  After that date, this exhibit should be removed from policy 409.2, as the benefit will no longer be available to employees.

APPROVED  8/19/2020

Code No.  409.2E2

EXPANDED FAMILY AND MEDICAL LEAVE REQUEST FOR UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

Name: _______________________________________

Anticipated Begin Date: _________________________

Expected Return to Work Date: ___________________

Employees may be entitled to expanded family medical leave in accordance with the Families First Coronavirus Response Act (FFCRA) if the employee satisfies eligibility standards.

After completing the first ten days of expanded family medical leave, an employee may choose to take 10 weeks of continuous leave under expanded family medical leave for the reason indicated above. Continuous leave means the employee will not complete any District duties during this period but will be compensated based on the options selected above.

An employee may also choose to take 10 weeks of intermittent leave only with the District’s permission. Intermittent leave means an employee will complete some District duties on a modified schedule as approved by the employee's supervisor. When using intermittent leave, the employee will receive full regular pay for hours worked and 2/3 of regular pay during periods on expanded family medical leave unless supplemented in a manner noted above.

I am requesting (choose one):

___ continuous leave

___ intermittent leave

If your need for leave is intermittent, please describe the requested schedule for your intermittent leave:

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

Signed ______________________________________________________________

Date ___________________________________________________________________________

Note:  This type of emergency paid sick leave is only available through passage of the federal  Families First Coronavirus Response Act and will expire on December 31, 2020.  After that date, this exhibit should be removed from policy 409.2, as the benefit will no longer be available to employees.

APPROVED   8/19/2020

(FORM ATTACHED)

(FORM ATTACHED)

Exhibit 409.3E2 EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

Date:                                 

I,                                               , request family and medical leave for the following reason: 

(check all that apply)

        for the birth of my child;

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

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

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

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

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

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

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

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

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

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

         continuous

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

         intermittent leave for the:

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

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

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

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

          I anticipate returning to work at my regular schedule on                                   .

         reduced work schedule for the:

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

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

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

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

I anticipate returning to work at my regular schedule on                                  .

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

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

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

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

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

(FORM ATTACHED)

(FORM ATTACHED)

A.    School district notice.

1.     The school district will post the notice in Exhibit 409.3E1 regarding family and medical leave.
2.     Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually.  The information will be in the employee handbook.
3.     When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements.  Such information will include:
   •     a.    a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement;
   •     b.    a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so;
   •     c.    an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and
   •     d.    a statement notifying employees that they must pay and make arrangements for paying any premium or other payments to maintain health or other benefits.

B.    Eligible employees.  

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

1. The employee has worked for the school district for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and,
2. The employee has worked at least 1,250 hours during the 12 months immediately before the date FMLA leave is to begin.  Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement. professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.

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

C.    Employee requesting leave -- two types of leave.

    1.    Foreseeable family and medical leave.

• Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.
• Employee must give at least thirty days notice for foreseeable leave.  Failure to give the notice may result in the leave beginning thirty days after notice was received.
• Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district.  The scheduling is subject to the approval of the health care provider.

     2.    Unforeseeable family and medical leave.

• Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.
• Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.
• A spouse or family member may give the notice if the employee is unable to personally give notice.

D.    Eligible family and medical leave determination.  The school district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.

    1.    For purposes.

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

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

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

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

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

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

    2.    Medical certification.  

            a.   When required:

1. Employees shall be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job.
2. Employees shall be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.

         (3) Employees [may/shall] be required to present certification of the call to active duty when taking military family and medical leave.

              b. Employee's medical certification responsibilities:

1. The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.
2. The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the school district has reason to doubt the validity of the certification an employee submits.  The second health care provider cannot, however, be employed by the school district on a regular basis.
3. If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the serious health condition.  This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district. This certification or lack of certification is binding upon both the employee and the school district.

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

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

E.    Entitlement.

1. Employees are entitled to twelve weeks unpaid family and medical leave per year. Employees taking military caregiver family and medical leave to care for a family service member are entitled to 26 weeks of unpaid family and medical leave but only in a single 12 month period.
2. Year is defined as Fiscal year.
3. If insufficient leave is available, the school district may:
   • Deny the leave if entitlement is exhausted
   • Award leave available       

F.    Type of Leave Requested.

1. Continuous - employee will not report to work for set number of days or weeks.
2. Intermittent - employee requests family and medical leave for separate periods of time.

                (a) Intermittent leave is available for:

1. Birth, adoption or foster care placement of child only with the school district's agreement.
2. Serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.

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

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

         (b) In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.

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

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

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

1. Birth, adoption or foster care placement and subject to the school district's agreement. 
2. Serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.

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

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

                   b. In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.

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

G.    Special Rules for Instructional Employees.

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

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

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

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

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

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

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

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

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

H.    Employee responsibilities while on family and medical leave.

1.     1.    Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.
2.     2.    The employee contribution payments will be deducted from any money owed to the employee or the employee shall reimburse the school district at a time set by the superintendent.
3.     3.    An employee who fails to make the health care contribution payments within thirty days after they are due will be notified that their coverage may be canceled if payment is not received within an additional 15 days.
4.     4.    An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request.  
5.     5.    The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.
6.     6.    If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return.  The school district will cease benefits upon receipt of this notification.

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

An employee may substitute unpaid family and medical leave with any paid leave  to the employee under board policy, individual contracts or the collective bargaining agreement.  Paid leave includes, but is not limited to, sick leave, family illness leave, vacation, personal leave, bereavement leave and professional leave.  When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.

Approved    1/22/01           Reviewed   8/19/2020                    Revised  8-19-2020                 

Regulation 409.3R2 EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

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

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

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

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

• A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
  • treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or
  • treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a the health care provider.
• Any period of incapacity due to pregnancy or for prenatal care.
• Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
  • requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
  • Continues over an extended period of time (including recurring episodes of a single underlying condition); and
  • May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
• Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.
• Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

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

Eligible Employee - The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.

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

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

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

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

Health Care Provider-

• A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
• Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and
• Nurse practitioners and nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and
• Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts;
• Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;
• A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.

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

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

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

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

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

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

Next of Kin - an individual's nearest blood relative

Outpatient Status - the status of a member of the Armed Forces assigned to –

• either a military medical treatment facility as an outpatient; or
• a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

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

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

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

Serious Health Condition -

• An illness, injury, impairment, or physical or mental condition that involves:
• Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
• Continuing treatment by a health care provider.  A serious health condition involving continuing treatment by a health care provider includes:
  • A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
  • Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or
  • Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
  • Any period of incapacity due to pregnancy or for prenatal care.
  • Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
  • Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
  • Continues over an extended period of time (including recurring episodes of s single underlying condition); and
  • May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
  • A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's a severe stroke or the terminal stages of a disease.
  • Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
• Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
• Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
• Substance abuse may be a serious health condition if the conditions of this section are met.  However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider.  On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.
• Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days.  For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level.  An employee who is pregnant may be unable to report to work because of severe morning sickness.

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

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

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

Approved    1/22/01           Reviewed   8/19/2020                     Revised    8/19/2020               

(FORM ATTACHED)

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM                                                                

Date:                                 

I,                                               , request family and medical leave for the following reason: 

(check all that apply)

                           for the birth of my child;

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

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

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

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

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

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

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

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

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

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

                           continuous

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

                           Intermittent leave for the:

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

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

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

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

                          I anticipate returning to work at my regular schedule on                                  .

Code No. 414.3E2

Page 2 of 2

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

                       reduced work schedule for the

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

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

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

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

                        I anticipate returning to work at my regular schedule on                                  .

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

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

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

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

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

Approved    1/22/01                    Reviewed  5/20/2020                  Revised  5/20/2020

(FORM ATTACHED)

(FORM ATTACHED)  

A.    School district notice.

    1.    The school district will post the notice in Exhibit 409.3E1 regarding family and medical leave.

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

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

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

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

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

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

B.    Eligible employees. 

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

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

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

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

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

C.    Employee requesting leave -- two types of leave.

    1.    Foreseeable family and medical leave.

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

        b.    Employee must give at least thirty days notice for foreseeable leave.  Failure to give the notice may result in the leave beginning thirty days after notice was received.

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

    2.    Unforeseeable family and medical leave.

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

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

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

D.    Eligible family and medical leave determination.  The school district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.

    1.    Four purposes.

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

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

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

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

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

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

    2.    Medical certification.  

        a.    When required:

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

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

        b.    Employee's medical certification responsibilities:

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

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

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

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

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

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

E.    Entitlement.

    1.    Employees are entitled to twelve weeks unpaid family and medical leave per year.  

    2.    Year is defined as: 

            Fiscal year

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

        a.    Deny the leave if entitlement is exhausted

        b.    Award leave available

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

F.    Type of Leave Requested.

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

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

        a.    Intermittent leave is available for:

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

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

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

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

        b.    In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.

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

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

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

            (1)    Birth, adoption or foster care placement and subject to the school district's agreement. 

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

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

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

        b.    In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.

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

G.    Special Rules for Instructional Employees.

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

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

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

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

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

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

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

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

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

H.    Employee responsibilities while on family and medical leave.

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

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

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

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

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

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

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

An employee may substitute unpaid family and medical leave with any paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement.  Paid leave includes, but is not limited to, sick leave, family illness leave, vacation, personal leave, bereavement leave and professional leave. When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.

Approved    1/22/01            Reviewed   5/20/2020                   Revised  5/20/2020                  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Health care provider-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Serious health condition

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

            --Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or

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

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

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

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

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

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

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

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

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

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

--Any period of absence to receive multiple treatments (including any period of recovery from)

by a healthcare provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations. Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen). A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.   Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop. Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave. Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.

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

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

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

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

Approved     1/22/01          Reviewed   5/20/2020                     Revised     5/20/2020