BOARD POLICIES

BOARD POLICIES

Click on "Board Policies" header to expand the list and navigate to the policy you wish to view.  Or use the Search function in the upper right-hand corner to search for a word or phrase in the policy manual, agenda or minutes.

 

Jen@iowaschool… Thu, 09/19/2019 - 12:29

100 LEGAL STATUS OF THE DISTRICT

100 LEGAL STATUS OF THE DISTRICT

Iowa law authorizes the creation of a Common Schools System.  As part of this Common Schools System, this school district is a school corporation created and organized under Iowa law.  This school district shall be known as the Emmetsburg Community School District.

This school corporation is located in Palo Alto County, and its affairs are conducted by elected school officials, the Emmetsburg Community School District Board of Directors.  This school corporation has exclusive jurisdiction over school matters in the territory of the school district.

 

Legal Reference: Iowa Code §§ 274.1, .2, .6, .7; 279.8; 594A 

Cross Reference: 200 Legal Status of the Board of Directors

Approved   10/26/70           Reviewed   5/17/23        Revised  11/20/00  

admin@iowascho… Wed, 11/28/2012 - 16:04

101 EDUCATIONAL PHILOSOPHY OF THE SCHOOL DISTRICT

101 EDUCATIONAL PHILOSOPHY OF THE SCHOOL DISTRICT

As a school corporation of Iowa, the Emmetsburg Community School District, acting through its board of directors, is dedicated to promoting an equal opportunity for a quality public education to its students within the limitations of the school district's ability and willingness to furnish financial support to provide for students in cooperation with their parents and the school district community, the opportunity to develop a healthy social, intellectual, emotional, and physical self-concept in a learning environment that provides guidance to and encourages critical thinking in the students for a lifetime.

The board endeavors through the dedication of the school district's resources, to encourage students, who come to the school district from a variety of backgrounds, to look forward to the time when they will have jobs, homes, families, places in the school district community, and attain recognition as individuals.  In order to achieve this goal, the board will seek qualified employees dedicated to development of their professional skills for the betterment of the education program and for the expertise for educational productivity.

Instruction and curriculum are the key elements of a public education.  Critical thinking and problem solving skills that will assist the students' preparation for life shall be instructed as part of a sequentially coordinated curriculum.  The school district strives to prepare students for employment, to discover and nurture creative talent and to prepare them to meet and cope with social change in an atmosphere conducive to learning.

The support and involvement of the home and the school district community are essential to achieve educational excellence in the school district.  The school district strives to maintain an active relationship with the home and the school district community to create within the students an awareness of dignity and worth of the individual, civic responsibility and respect for authority.

 

 

Legal Reference:    Iowa Code §§ 256.11, .11A (1999).

Cross Reference:    102    Equal Educational Opportunity

    103    Educational and Operational Planning

    209    Board of Directors' Management Procedures

    600    Goals and Objectives of the Education Program

    602    Curriculum Development

Approved 11/19/84    Reviewed 5/17/23            Revised 11/20/00

Jen@iowaschool… Mon, 07/01/2019 - 21:26

102 EQUAL EDUCATIONAL OPPORTUNITY

102 EQUAL EDUCATIONAL OPPORTUNITY

It is the policy of the Emmetsburg Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Superintendent, 205 King Street, Emmetsburg, Iowa  50536, 712-852-3201.

The board requires all persons, agencies, vendors, contractors and other persons and organizations doing business with or performing services for the school district to subscribe to all applicable federal and state laws, executive orders, rules and regulations pertaining to contract compliance and equal opportunity.

NOTE: A school district may have a different coordinator for each law or consolidate the responsibilities under one employee. The Iowa Department of Education encourages districts to have no more than two (2) coordinators: one for employment and one for programs. If the district has more than one coordinator, publications of this policy and notifications must include the name, contact address, contact phone number and email address for each coordinator. 

NOTE: The language utilized above is consistent with Iowa Department of Education guidance released in the School Leader Update on September 1, 2015. The classes listed are all mandatory.   

NOTE: Some conduct that falls under a school’s equal educational opportunity policy also may trigger responsibilities under the state’s anti-bullying/anti-harassment laws. By limiting the response to a specific application of its equal educational opportunity policy and the accompanying grievance procedures, a school may fail to properly consider whether the alleged conduct also results in bullying and/or harassment.

 

Legal Reference:    20 U.S.C. §§ 1221 et seq.  

    20 U.S.C. §§ 1681 et seq. 

    20 U.S.C. §§ 1701 et seq. 

    29 U.S.C. § 206 et seq. 

    29 U.S.C. § 794 

    42 U.S.C. §§ 2000d and 2000e. 

    42 U.S.C. §§ 12101 et seq. 

    34 C.F.R. Pt. 100.

    34 C.F.R. Pt. 104.

    Iowa Code §§ 216.6;  216.9; 256.11; 280.3.

    281 I.A.C. 12.

Cross Reference:    101    Educational Philosophy of the School District

    401.1    Equal Employment Opportunity

    500    Objectives for Equal Educational Opportunities for Students

    506.1     Student Records

Approved   6/16/96                    Reviewed      5/17/23                  Revised   1/19/15         

Jen@iowaschool… Thu, 07/11/2019 - 18:52

102.E1 ANNUAL NOTICE OF NONDISCRIMINATION

102.E1 ANNUAL NOTICE OF NONDISCRIMINATION

The Emmetsburg Community School District offers career and technical programs in the following areas of study:

    Family & Consumer Sciences

    Industrial Technology

    Agriculture               

    Business

It is the policy of the Emmetsburg Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Superintendent, 205 King Street, Emmetsburg, Iowa  50536, 712-852-3201.

NOTE: A school district may have a different coordinator for each law or consolidate the responsibilities under one employee. The Iowa Department of Education encourages districts to have no more than two (2) coordinators: one for employment and one for programs. If the district has more than one coordinator, publications of this policy and notifications must include the name, contact address, contact phone number and email address for each coordinator.

 

Jen@iowaschool… Thu, 07/11/2019 - 18:53

102.E2 CONTINUOUS NOTICE OF NONDISCRIMINATION

102.E2 CONTINUOUS NOTICE OF NONDISCRIMINATION

It is the policy of the Emmetsburg Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Superintendent, 205 King Street, Emmetsburg, Iowa  50536, 712-852-3201.

NOTE: A school district may have a different coordinator for each law or consolidate the responsibilities under one employee. The Iowa Department of Education encourages districts to have no more than two (2) coordinators: one for employment and one for programs. If the district has more than one coordinator, publications of this policy and notifications must include the name, contact address, contact phone number and email address for each coordinator.

Jen@iowaschool… Thu, 07/11/2019 - 18:54

102.E3 NOTICE OF SECTION 504 STUDENT AND PARENTAL RIGHTS

102.E3 NOTICE OF SECTION 504 STUDENT AND PARENTAL RIGHTS

The Emmetsburg Community School does not discriminate in its educational programs and activities on the basis of a student's disability. It has been determined that your child has a qualifying disability for which accommodations may need to be made to meet his or her individual needs as adequately as the needs of other students. As a parent, you have the right to the following:

  • Participation of your child in school district programs and activities, including extracurricular programs and activities, to the maximum extent appropriate, free of discrimination based upon the student's disability and at the same level as students without disabilities;

  • Receipt of free educational services to the extent they are provided students without disabilities:

  • Receipt of information about your child and your child's educational programs and activities in your native language;

  • Notice of identification of your child as having a qualifying disability for which accommodations may need to be made and notice prior to evaluation and placement of your child and right to periodically request a re-evaluation of your child;

  • Inspect and review your child's educational records including a right to copy those records for a reasonable fee; you also have a right to ask the school district to amend your child's educational records if you feel the information in the records is misleading or inaccurate; should the school district refuse to amend the records, you have a right to a hearing and to place an explanatory letter in your child's file explaining why you feel the records are misleading or inaccurate; and

  • Hearing before an impartial hearing officer if you disagree with your child's evaluation or placement; you have a right to counsel at the hearing and have the decision of the impartial hearing officer reviewed.

It is the policy of the Emmetsburg Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Superintendent, 205 King Street, Emmetsburg, Iowa  50536, 712-852-3201.

Jen@iowaschool… Thu, 07/11/2019 - 18:54

102.E4 COMPLAINT FORM (Discrimination, Anti-Bullying, and Anti-Harassment)

102.E4 COMPLAINT FORM (Discrimination, Anti-Bullying, and Anti-Harassment)

(FORM ATTACHED)

 

Jen@iowaschool… Thu, 07/11/2019 - 18:55
File Attachments

102.E5 WITNESS DISCLOSURE FORM

102.E5 WITNESS DISCLOSURE FORM

(FORM ATTACHED)

 

 

Jen@iowaschool… Thu, 07/11/2019 - 18:55
File Attachments

102.E6 DISPOSITION OF COMPLAINT FORM

102.E6 DISPOSITION OF COMPLAINT FORM

(FORM ATTACHED)

 

 

 

Jen@iowaschool… Thu, 07/11/2019 - 18:56
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102.R1 GRIEVANCE PROCEDURE

102.R1 GRIEVANCE PROCEDURE

It is the policy of the Emmetsburg Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Superintendent, 205 King Street, Emmetsburg, Iowa  50536, 712-852-3201.

Students, parents of students, employees, and applicants for employment in the school district have the right to file a formal complaint alleging discrimination. The district has policies and procedures in place to identify and investigate complaints alleging discrimination. If appropriate, the district will take steps to prevent the recurrence of discrimination and to correct its discriminatory effects on the Complainant and others.

A Complainant may attempt to resolve the problem informally by discussing the matter with a building principal or a direct supervisor. However, the Complainant has the right to end the informal process at any time and pursue the formal grievance procedures outlined below. Use of the informal or formal grievance procedure is not a prerequisite to the pursuit of other remedies. Please note that informal processes and procedures are not to be used in certain circumstances (e.g., sexual harassment and sexual assault). 

Filing a Complaint

A Complainant who wishes to avail himself/herself of this grievance procedure may do so by filing a complaint with the equity coordinator(s). An alternate will be designated in the event it is claimed that the equity coordinator or superintendent committed the alleged discrimination or some other conflict of interest exists. Complaints shall be filed within 180 of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence. The Complainant will state the nature of the complaint and the remedy requested. The equity coordinator(s) shall assist the Complainant as needed. 

Investigation 

Within 15 working days, the equity coordinator will begin the investigation of the complaint or appoint a qualified person to undertake the investigation (hereinafter “equity coordinator”).  If the Complainant is under 18 years of age, the equity coordinator shall notify his or her parent(s)/guardian(s) that they may attend investigatory meetings in which the Complainant is involved. The complaint and identity of the Complainant, Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy. The investigation may include, but is not limited to the following: 

  • A request for the Complainant to provide a written statement regarding the nature of the complaint; 

  • A request for the individual named in the complaint to provide a written statement; 

  • A request for witnesses identified during the course of the investigation to provide a written statement; 

  • Interviews of the Complainant, Respondent, or witnesses; 

  • An opportunity to present witnesses or other relevant information; and 

  • Review and collection of documentation or information deemed relevant to the investigation. 

Within 60 working days, the equity coordinator shall complete the investigation and issue a report with respect to the findings. 

The equity coordinator shall notify the Complainant and Respondent of the decision within 5 working days of completing the written report. Notification shall be by U.S. mail, first class. 

Decision and Appeal

The complaint is closed after the equity coordinator has issued the report, unless within 10 working days after receiving the decision, either party appeals the decision to the superintendent by making a written request detailing why he/she believes the decision should be reconsidered. The equity coordinator shall promptly forward all materials relative to the complaint and appeal to the superintendent. Within 30 working days, the superintendent shall affirm, reverse, amend the decision, or direct the equity coordinator to gather additional information. The superintendent shall notify the Complainant, Respondent, and the equity coordinator of the decision within 5 working days of the decision. Notification shall be by U.S. mail, first class. 

The decision of the superintendent shall be final. 

The decision of the superintendent in no way prejudices a party from seeking redress through state or federal agencies as provided by in law. 

This policy and procedures are to be used for complaints of discrimination, in lieu of any other general complaint policies or procedures that may be available. 

If any of the stated time frames cannot be met by the district, the district will notify the parties and pursue completion as promptly as possible. 

Retaliation against any person, because the person has filed a complaint or assisted or participated in an investigation, is prohibited. Persons found to have engaged in retaliation shall be subject to discipline by appropriate measures. 

 

Jen@iowaschool… Thu, 07/11/2019 - 18:56

103 EDUCATIONAL AND OPERATIONAL PLANNING

103 EDUCATIONAL AND OPERATIONAL PLANNING

At least every five years the board shall conduct an in-depth needs assessment, soliciting information from business, labor, industry, higher education and community members, regarding their expectations for adequate student preparation.  One purpose of this assessment is to assist the board in developing and evaluating a statement of philosophy for the school district. The second purpose of this assessment is to determine the areas of student performance, knowledge, and attitudes and the areas of school district operations which are judged to be most crucial in meeting school or school district goals.  As part of its assessment, the board shall develop a process for communicating with business, industry, labor and higher education regarding their expectations for adequate student preparation. The statement of philosophy shall describe the board’s beliefs about topics which shall include the nature of learning, the purpose of the school district, the scope of educational experiences that the school district should provide, the nature of its learners and a description of a desirable learning atmosphere. 

In conjunction with the in-depth needs assessment of the school district, the board shall authorize the appointment of a committee, representing administrators, employees, parents, students and community members, to make recommendations and assist the board in determining the priorities of the school district in addition to the basic skills areas of the education program.

It shall be the responsibility of the superintendent to ensure the school district community is informed of the board’s policies, programs and goals and has an opportunity to express their thoughts and suggestions for the operation of the school district.  The superintendent shall report annually to the board about the means used to keep the community informed.

As a result of the board and committee's work, the board shall determine major educational needs and rank them in priority order; develop long-range goals and plans to meet the needs; establish and implement short-range and intermediate-range plans to meet the goals and to attain the desired levels of student performance; evaluate progress toward meeting the goals and maintain a record of progress under the plan that includes reports of student performance and results of school improvement projects; and annually report the school district's progress made under the plan to the committee, community and Iowa Department of Education.

 

Legal Reference:    Iowa Code §§ 21; 256.7; 280.12, .18 (1999).

    281 I.A.C. 12.8(1)(b).

Cross Reference:    101    Educational Philosophy of the School District

    200    Legal Status of the Board of Directors

    208    Ag Hoc Committees

    603.1    Basic Instruction Program

    801.1    Buildings and Sites Long Range Planning

    801.2    Buildings and Sites Surveys

Approved      2/93           Reviewed    5/17/23          Revised     11/20/00           

Jen@iowaschool… Thu, 07/11/2019 - 18:58

104 ANTI-BULLYING/HARASSMENT POLICY

104 ANTI-BULLYING/HARASSMENT POLICY

Policy 104: ANTI-BULLYING/HARASSMENT POLICY

The Emmetsburg Community School District is committed to providing all students, employees, and volunteers with a safe and civil school environment in which all members of the school community are treated with dignity and respect. Bullying and/or harassing behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed.  

Bullying and/or harassment of or by students, employees, and volunteers is against federal, state, and local policy and is not tolerated by the board. 

Accordingly, school employees, volunteers, and students shall not engage in bullying or harassing behavior while on school property, while on school-owned or school-operated vehicles, while attending or participating in school-sponsored or sanctioned activities, and while away from school grounds if the conduct materially interferes with the orderly operation of the educational environment or is likely to do so.

Complaints may be filed with the superintendent or superintendent’s designee pursuant to the regulation accompanying this policy.  Complaints will be investigated within a reasonable time frame.  

A school employee, volunteer, or student, or a student’s parent or guardian who promptly, reasonably, and in good faith reports an incident of bullying or harassment, in compliance with the procedures in the regulation, to the appropriate school official designated by the school district, shall be immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report.

Retaliation Prohibited

Individuals who knowingly file false bullying or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures.

Any student found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion.  Any school employee found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment.  Any school volunteer found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, removal from service and exclusion from school grounds.  

Definitions 

For the purposes of this policy, the defined words shall have the following meaning:  

  • “Electronic” means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means.  “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.  

  • “Harassment” and “bullying” mean any repeated or potentially repeated electronic, written, verbal, or physical act or other ongoing conduct toward an individual based on any trait or characteristic of the individual which creates an objectively hostile school environment that meets one or more of the following conditions: 

    1. Places the individual in reasonable fear of harm to the individual’s person or property. 

    2. Has a substantial detrimental effect on the individual’s physical or mental health.  

    3. Has the effect of substantially interfering with the individual’s academic or career performance.  Has the effect of substantially interfering with the individual’s ability to participate in or benefit from the services, activities, or privileges provided by a school. 

  • “Trait or characteristic of the individual” includes but is not limited to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.

  • “Volunteer” means an individual who has regular, significant contact with students.

Publication of Policy 

The board will annually publish this policy. The policy may be publicized by the following means:

  • Inclusion in the student handbook,

  • Inclusion in the employee handbook

  • Inclusion in the registration materials

  • Inclusion on the school or school district’s website,

Approved                   Reviewed     06/19/23          Revised                   

Jen@iowaschool… Thu, 07/11/2019 - 19:00

Jen@iowaschool… Thu, 07/11/2019 - 18:58

104.E1 COMPLAINT FORM (Discrimination, Anti-Bullying, and Anti-Harassment)

104.E1 COMPLAINT FORM (Discrimination, Anti-Bullying, and Anti-Harassment)

(FORM ATTACHED)

 

 

Jen@iowaschool… Thu, 07/11/2019 - 19:02
File Attachments

104.E2 WITNESS DISCLOSURE FORM

104.E2 WITNESS DISCLOSURE FORM

(FORM ATTACHED)

 

 

Jen@iowaschool… Thu, 07/11/2019 - 19:03
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104.E3 DISPOSITION OF COMPLAINT FORM

104.E3 DISPOSITION OF COMPLAINT FORM

(FORM ATTACHED)

 

 

Jen@iowaschool… Thu, 07/11/2019 - 19:03
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104.R1ANTI-BULLYING/ANTI-HARASSMENT INVESTIGATION PROCEDURES

104.R1ANTI-BULLYING/ANTI-HARASSMENT INVESTIGATION PROCEDURES

REGULATION 104-R(1): Anti-Bullying/Harassment Policy-Investigation Procedures

Filing a Complaint

An individual who believes that the individual has been harassed or bullied may file a complaint with the superintendent or superintendent’s designee.  The complaint form is available here: [Complaint Form].  An alternate investigator will be designated in the event it is claimed that the superintendent or superintendent’s designee committed the alleged bullying or harassment or some other conflict of interest exists.  Complaints shall be filed within 5 days of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence.  The Complainant will state the nature of the complaint and the remedy requested. The Complainant shall receive assistance as needed. 

Investigation 

The school district will promptly and reasonably investigate allegations of bullying or harassment upon receipt of a written complaint. The Level 1 Investigator hereinafter (“Investigator”) will be responsible for handling all complaints alleging bullying or harassment.  

The investigation may include, but is not limited to the following: 

  • Interviews with the Complainant and the individual named in the complaint (“Respondent”)

  • A request for the Complainant to provide a written statement regarding the nature of the complaint; 

  • A request for the Respondent to provide a written statement; 

  • Interviews with witnesses identified during the course of the investigation; 

  • A request for witnesses identified during the course of the investigation to provide a written statement; and 

  • Review and collection of documentation or information deemed relevant to the investigation. 

The Investigator shall consider the totality of circumstances presented in determining whether conduct objectively constitutes bullying or harassment as defined in Board policy.  Upon completion of the investigation, the Investigator shall issue a report with respect to the findings, and provide a copy of the report to the appropriate building principal or Superintendent if the investigation involved the building principal 

The complaint and identity of the Complainant, Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy.  Similarly, evidence uncovered in the investigation shall be kept confidential to the extent reasonably possible. 

Decision 

The investigator, building principal or superintendent, depending on the individuals involved, shall inform the Complainant and the accused about the outcome of the investigation.  If, after an investigation, a student is found to be in violation of the policy, the student shall be disciplined by appropriate measures, which may include suspension and expulsion.  If after an investigation a school employee is found to be in violation of this policy, the employee shall be disciplined by appropriate measures, which may include termination.  If after an investigation a school volunteer is found to be in violation of this policy, the volunteer shall be subject to appropriate measures, which may include exclusion from school grounds. 

Individuals who knowingly file false bullying and/or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures, as shall any person who is found to have retaliated against another in violation of this policy.  Any student found to have retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion.  Any school employee found to have retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment.  Any school volunteer found to have retaliated in violation of this policy shall be subject to measures up to, and including, exclusion from school grounds.  

Jen@iowaschool… Thu, 07/11/2019 - 19:04

105 ASSISTANCE ANIMALS

105 ASSISTANCE ANIMALS

Policy 105 ASSISTANCE ANIMALS

It is the policy of Emmetsburg Community School District to foster an equal education environment for all students, employees and community members within the district.  The purpose of this policy is to provide guidance to the district on the proper use of assistance animals while on district property.  The district shall allow the use of qualified service to accompany individuals with disabilities in all areas of district buildings where the public is normally allowed to go.  This can include classrooms, cafeteria and school buses.  Individuals with disabilities are people who have a physical or mental impairment that substantially limits one or more major life activities.  Service animals are dogs and in some instances miniature horses trained to do work or perform tasks for individuals with disabilities. 

Service animals must be current on all required vaccinations.  Service animals also must be under control while on district grounds.  The animal may be under control by either the individual with a disability, or a handler of the service.  Under control means harnessed, leashed or tethered, unless these devices interfere with the animal’s work, in which case under voice or other directive control.

Miniature Horses as Service Animals

Miniature horses shall be allowed as service animals within the district whenever it is reasonable to allow them.  Factors to consider when determining reasonableness include:  whether the miniature horse is house broken; whether the miniature horse is under the owner’s control; whether the facility can accommodate the miniature horse’s type, size and weight; and whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

Establishing the Need for a Service Animal

When no prior notice is given to the district of the use of a service animal, the Superintendent and/or school administrators are permitted to ask the following questions: 

“Do you need/require this animal because of a disability?”

If the animal’s trained tasks are not readily apparent, the administrator may ask: 

“What work or task has the animal been trained to perform?”

Service Animals in training

Assuming the handler and animal are otherwise allowed, individuals who train service animals will also be allowed access with their service animal in training to public areas of district buildings and property.  The service animal in training is expected to abide by the same requirements as a service or assistive animal.

Exclusion of Service Animals

In certain limited circumstances, it may be reasonable to exclude the use of a service animal from district property.  The Superintendent is permitted to exclude service animals from district buildings and property in the following circumstances:  The presence of the animal poses a direct threat to the health and safety of others; the owner or handler is unable to control the animal; the animal is not house broken; the presence of the animal significantly disrupts or interferes with the educational process; or the presence of the animal would require a fundamental alteration to the program.  If a service animal is properly excluded from district property, the district shall provide the student served by the animal the opportunity to participate in the program, service or activity without having the service animal on district property. 

Emotional Support Animals and Therapy Animals

Emotional support animals are medically prescribed to provide therapeutic benefit through dedicated companionship.  Emotional support animals’ sole function is to provide emotional support or comfort. 

Therapy animals are involved in an animal-assisted therapy program involving animals as a form of treatment.

Emotional support animals and therapy animals do not meet the definition of service animals.  However, the district recognizes their value in our community.  The superintendent shall evaluate the use of emotional support animals and therapy animals on a case-by-case basis.  District employees may use therapy animals in the course of their regular duties only after receiving permission from the superintendent.

Student use of Emotional Support Animals and Therapy Animals

Factors the superintendent should consider in making the determination include but are not limited to: 

  1. Whether the animal is housebroken
  2. Whether the animal has a current vaccination certificate
  3. Whether the animal has been recommended through an individual education plan (IEP) or a 504 plan as necessary for the student to receive free access to public education
  4. Whether the facility can accommodate the animal’s type size and weight, and
  5. Whether the animal’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility 

Employee use of Therapy Animals as part of Education Environment

Before permission to use therapy animals is granted, staff members must provide: 

  1. Proof that the animal is certified to be a therapy animal;
  2. An explanation of how the animal will be used, including research supporting the use of therapy animals;
  3. A plan for how the staff member will provide for the care and control of the animal;
  4. A plan for how the staff member will accommodate students with allergies to the animal; and
  5. A current vaccination certificate for the animal.

Legal References:

29 U.S.C. §794

42 U.S.C. §12132

28 C.F.R.  35

Iowa Code §216C

Cross References:

606.3 Animals in the Classroom

      

NOTE:  The use of service animals is a civil right established by federal and state laws. However, the use of emotional support and therapy animals does not necessarily have the same legal protections. The portion of this policy in italics reflects optional language for your district to consider.

Approved: 08/15/2018            Reviewed:      06/19/23      Revised:      12/15/21   

lchapman@e-hawks.org Tue, 09/10/2019 - 15:49

106 TITLE IX DISCRIMINATION

106 TITLE IX DISCRIMINATION

POLICY 106: TITLE IX-DISCRIMINATION and HARASSMENT BASED on SEX PROHIBITED

In accordance with Title IX of the Education Amendments Act of 1972, the Emmetsburg Community School District prohibits sex discrimination, including sexual harassment as defined by the regulations implementing Title IX (34 C.F.R. § 106.30), against any individual participating in any education program or activity of the District.  This prohibition on discrimination applies to students, employees, and applicants for employment.  

The Board authorizes the Superintendent to adopt procedures for any individual to report sexual harassment to the District’s Title IX Coordinator, for the provision of supportive measures to anyone who has been subjected to sexual harassment whether or not they proceed with a formal complaint under those procedures, and for the investigation and resolution of such complaints, as required by Title IX.  This Title IX grievance process shall be used to respond to all complaints of sexual harassment that fall within the scope of Title IX.  For complaints of sexual harassment that do not fall within the scope of Title IX, the District may still offer supportive measures to the subject of such conduct and shall apply any other policy or procedure applicable to the alleged conduct.

Any individual with questions about the District’s Title IX policy and procedures, or who would like to make a report or file a formal complaint of sex discrimination or sexual harassment may contact the District’s designated Title IX Coordinator.

Retaliation against a person who made a report or complaint of sexual harassment, assisted, or participated in any manner in an investigation or resolution of a sexual harassment report or complaint is strictly prohibited. Retaliation includes threats, coercion, discrimination, intimidation, reprisals, and/or adverse actions related to employment or education.  Any individual who believes they have been retaliated against in violation of this Policy should immediately contact the District’s Title IX Coordinator.

Adopted: 06/19/23                     Reviewed:                          Revised:

    

Jen@iowaschool… Thu, 07/11/2019 - 18:59

107 DISTRICT MISSION STATEMENT

107 DISTRICT MISSION STATEMENT

POLICY 107: DISTRICT MISSION STATEMENT

The Emmetsburg CSD believes we will create an environment of promoting growth and serving others. 

Approved     12/91        Reviewed  03/20/2019     Revised   06/19/23   

Jen@iowaschool… Thu, 07/11/2019 - 18:58

                   

Jen@iowaschool… Thu, 07/11/2019 - 19:00

108 DISTRICT BELIEFS

108 DISTRICT BELIEFS

The Board of Directors of the Emmetsburg Community School District is committed to the following beliefs:

Core Beliefs:

  • Quality instruction

  • Engaging environment

  • Positive relationships and culture

  • Administrative support

 

Approved      3/15/93           Reviewed   03/20/2019          Revised  06/19/23                 

Jen@iowaschool… Thu, 07/11/2019 - 18:58

200 LEGAL STATUS OF THE BOARD OF DIRECTORS

200 LEGAL STATUS OF THE BOARD OF DIRECTORS

It is the policy of the Board of Directors of the Emmetsburg Community School District to organize and maintain the distinction between those activities which are appropriate to the Board of Directors as the legislative governing body of the School District, and those administrative activities which are to be performed by the Superintendent of Schools and his or her staff in the exercise of a delegated administrative authority.  The function of the Board can be described as policymaking, appraisal, and evaluation.

The Board of Directors shall have the further duty of providing the financial means by which the educational program is conducted.  They shall also ensure that the community be informed of the needs, purposes, values and status of the schools.

 

Legal Reference:  (Code of Iowa)

Approved      2/13/78           Reviewed    10/18/23    Revised    11/20/00      

admin@iowascho… Wed, 11/28/2012 - 16:07

200.1 ORGANIZATION OF THE BOARD OF DIRECTORS

200.1 ORGANIZATION OF THE BOARD OF DIRECTORS

 

The Emmetsburg Community School District board is authorized by and derives its organization from Iowa law.  The board shall consist of 7 board members. Board members shall be elected at-large.

The board is organized for the purpose of setting policy and providing general direction for the school district.  The board shall hold its organizational meeting each year at the first regular meeting following the canvass of votes.  The retiring board shall transfer materials, including the board policy manual, and responsibility to the new board.

The organizational meeting allows the outgoing board to approve minutes of its previous meetings, complete unfinished business and review the school election results.  The retiring board shall adjourn and the new board shall then begin. The Board Secretary will administer the oath of office to the newly-elected board members. The Board Secretary will preside while the new board elects the president and vice president of the new board.

 

Legal Reference:    Iowa Code §§ 274.2; 275.23A; 277.23, .28, .31; 279.1, .5, .7, .8 , .33 (2013).

                                    281 I.A.C. 12.3(2).

Cross Reference:    202    Board of Directors Members

    206.1    President

    206.2    Vice President

    210    Board of Directors' Meetings

 

Approved    10/26/70           Reviewed     10/18/23       Revised    11/20/00       

admin@iowascho… Tue, 07/02/2019 - 11:16

200.R1 ORGANIZATIONAL MEETING PROCEDURES

200.R1 ORGANIZATIONAL MEETING PROCEDURES

The board will hold its organizational meeting in odd-numbered years at the first regular meeting following the canvass of votes.  Notice of the meeting place and time will be given by the board secretary to each member, member-elect and the public.

The purpose of the meeting is to transfer material and responsibility from the outgoing board to the new board.  At the meeting, the board will elect a president and a vice president who will hold office for one year. Once elected, the president and vice president will be entitled to vote on all matters before the board.

Meeting Procedure

The organizational meeting of the board will be held in two parts:  the final meeting of the outgoing board and the organizational meeting of the new board.

1.    Final Meeting of the Retiring Board

    (1)    Call to order.

    (2)    Roll call.

    (3)    Approval of minutes of previous meeting(s).

    (4)    Unfinished business.

             (a)  Current claims and accounts (for the retiring board to authorize).

    (5)    Examine and settle the books for the previous year.

    (6)    Review of election results.  The board secretary will present the county auditor's official report on the latest elections.  Official results are recorded in the minutes.

    (7)    Adjournment of the retiring board.

 

2.    Organizational Meeting of the New Board

    (1)    Superintendent as president pro-term, will preside over the meeting until a new board president is elected.

    (2)    Call to order.

    (3)    Roll call.

    (4)    Oath of office.  The board secretary will administer the oath to new members.

    (5)    Election of a president of the board.  The president pro-term calls for nominations; nominations need not be seconded.  The board will then vote on the nominations. The secretary will announce the result of the vote, and the Board Secretary will administer the oath of office to the newly elected president and the newly elected president will assume the chair.

    (6)    Election of the vice-president.  The president of the board will call for nominations; the nominations need not be seconded.  The board will then vote on the nominations. The president will announce the results and administer the oath of office to the vice-president.

Other items of business at the organizational meeting may include:

    (7)    Board resolution of appreciation recognizing the public service rendered by retiring board members.

    (8)    Determination of dates, times, and places for regular meetings of the board.

    (9)    Board resolution to define the operating rules and practices that will be followed by the new board.

    (10)    Board resolution to authorize the interim payment of bills pursuant to policy 705.3.

    (11)    Superintendent's report.

    (12)    Adjournment.

 

NOTE: Board members elected at a regular school election must take the oath of office at or before the organization meeting. Failure to do so results in a vacancy. 

NOTE: The board president and vice president are each elected to a one year term at the organizational meeting in odd-numbered years and at the annual meeting in even-numbered years. 

Legal Reference:    Iowa Code §§ 274.2; 275.23A; 277.23, .28, .31; 279.1, .5, .7, .8 , .33 (2013).

                                    281 I.A.C. 12.3(2).

Cross Reference:    202    Board of Directors Members

    206.1    President

    206.2    Vice-President

    210    Board of Directors' Meetings

Approved    2/15/17                   Reviewed     10/18/23                  Revised                   

Jen@iowaschool… Sat, 07/13/2019 - 15:14

200.2 POWERS OF THE BOARD OF DIRECTORS

200.2 POWERS OF THE BOARD OF DIRECTORS

The board of the Emmetsburg Community School District, acting on behalf of the school district, shall have jurisdiction over school matters within the territory of the school district.

The board is empowered to make policy for its own governance, for employees, for students and for school district facilities.  The board is also empowered to enforce its policies. The board may, through its quasi-judicial power, conduct hearings and rule on issues and disputes confronting the school district.

The board has these powers and all other powers expressly granted to it in federal and state law as well as the powers that can be reasonably implied from the express powers.

 

Legal Reference:    Board of Directors of Ind. School Dist. of Waterloo v. Green, 259 Iowa 1260, 147 N.W.2d 854 (1967).

                                    Iowa Code §§ 28E; 274.1-.2; 279.8 (2013).

                                    281 I.A.C. 12.1(2).

            1990 Op. Att'y Gen. 66

Cross Reference:    209    Board of Directors' Management Procedures

Approved     2/13/78           Reviewed     10/18/23           Revised   11/20/00                 

admin@iowascho… Tue, 07/02/2019 - 11:24

200.3 RESPONSIBILITIES OF THE BOARD OF DIRECTORS

200.3 RESPONSIBILITIES OF THE BOARD OF DIRECTORS

Policy 200.3 RESPONSIBILITIES OF THE BOARD OF DIRECTORS

The board is authorized to govern the school district which it oversees.  The board is entrusted with public funds and is responsible for overseeing the improvement of student outcomes, including student academic achievement and skill proficiency.  As the governing board of the school district, the board has three duties to perform:  legislative duty, executive duty and evaluative duty.

As a representative of the citizens of the school district community, the board is responsible for legislating policy for the school district.  As a policy making body, the board has jurisdiction to enact policy with the force and effect of law for the management and operation of the school district.

It is the responsibility of the board, under the board's executive duty, to select its chief executive officer, the superintendent, to operate the school district on the board's behalf.  The board delegates to the superintendent its authority to carry out board policy, to formulate and carry out rules and regulations and to handle the administrative details in a manner which supports and is consistent with board policy.

The board has a responsibility to review the education program's performance under its evaluative duty.  The board regularly reviews the education program and ancillary services.  The review includes a careful study and examination of the facts, conditions and circumstances surrounding the amount of funds received or expended and the education program's ability to achieve the board's educational philosophy and goals for the school district.

Legal Reference:

Iowa Code §§ 274.1279.1.8.20280.12.

281 I.A.C. 12.3(2).

Cross Reference:

101 Educational Philosophy of the School District

103 Long-Range Needs Assessment

209 Board of Directors' Management Procedures

600 Goals and Objectives of the Education Program

Approved   11/20/00            Reviewed      10/18/23          Revised  11/15/2021                 

Jen@iowaschool… Sat, 07/13/2019 - 15:20

200.4: BOARD MEMBER SOCIAL MEDIA ENGAGEMENT

200.4: BOARD MEMBER SOCIAL MEDIA ENGAGEMENT

The board sees the value in promoting the excellent work and accomplishments of the district’s students and staff. Social media is one of many effective communication tools that the district may utilize. Board members have been publicly elected to govern the district and accept a fiduciary responsibility. That responsibility means board members agree to always act in the best interests of the district. For this reason, the board shall expect that individual communications and social media posts made by board members will reflect the values and decorum expected of elected officials in the school community.

All board members enjoy rights to freedom of speech under both the U.S. and Iowa Constitutions.  As such, the district will not limit protected speech of any board members. Certain categories of speech are not protected and may be subject to regulation.  Additionally, board members should be aware that protected speech can still subject individuals to legal liability.  If using social media to discuss district related matters, board members should be aware that they may be prohibited from blocking individual communications and posters based upon the content of their posts. 

The board as a whole and individual board members in their governance role have legal obligations to safeguard the privacy of information related to student and employee matters. Board members will refrain from posting or communicating on social media in a way that violates the district’s obligation to protect the privacy of its students and employees.

Board members are uniquely positioned in the school community to be both accessible and responsive to community concerns about the effective governance of the district.  As a result, the board will remember their obligations to safeguard student and employee privacy when responding to any social media posts or communications, even if the response is intended to correct information for the rest of the school community.  Board members will direct concerned individuals to the appropriate district staff to address their inquiry or complaint in accordance with board policy.  

NOTE:  This policy is discretionary and reflects best practices for board members.  While it is intended to provide a basic legal structure, boards are encouraged to comprehensively discuss this topic at the board table so the board as a whole can develop understanding and consensus behind this policy.  Contact IASB for additional resources on board table discussions related to this topic.

Adopted: 10/18/23                                   Reviewed:                                              Revised:

cjenness@e-hawks.org Fri, 10/20/2023 - 08:49

201 BOARD OF DIRECTORS' ELECTIONS

201 BOARD OF DIRECTORS' ELECTIONS

The school election takes place on the first Tuesday after the first Monday in November of odd-numbered years.  Each school election is used to elect citizens to the board to maintain a 7 member board and to address questions that are submitted to the voters.

Citizens of the school district community seeking a seat on the board must file their nomination papers with the board secretary, or the board secretary's designee in accordance with the timelines established by law.

If a vacancy occurs on the board it shall be filled in accordance with law and board policy. 

It is the responsibility of the county commissioner of elections to conduct school elections.

 

NOTE:  This policy states the legal requirements for school board elections and the filling of vacancies.

 

 

Legal Reference:           Iowa Code §§ 39; 45; 63; 69; 274.7; 277; 278.1; 279.7.

Cross Reference:           202       Board of Directors Members

                                    202.3    Term of Office

                                    202.4    Vacancies

                                    203       Board of Directors' Conflict of Interest

Approved     11/5/84          Reviewed    10/18/23        Revised        3/21/18           

Jen@iowaschool… Sat, 07/13/2019 - 15:21

202 BOARD OF DIRECTORS MEMBERS

202 BOARD OF DIRECTORS MEMBERS

The Board of Directors of the Emmetsburg Community School District shall consist of seven members.

 

Legal Reference:  (Code of Iowa): Chapter 277.23

Approved     10/26/70         Reviewed    10/18/23            Revised                   

Jen@iowaschool… Sat, 07/13/2019 - 15:22

202.1 QUALIFICATIONS

202.1 QUALIFICATIONS

Serving on the board of directors is an honor and privilege.  Its rewards are respect from the community, students, and employees and the satisfaction from knowing each board member contributed to the success of the children in the school district community.  Only those who are willing to put forth the effort to care and to make a difference should consider running for a position on the board.

Individuals who are willing to serve on the board should believe public education is important, support the democratic process, willingly devote time and energy to board work, respect educators and have the ability to examine the facts and make a decision.  The board believes an individual considering a position on the school board should possess these characteristics.

Citizens wanting to run for a position on the board must be a citizen of the school district, an eligible elector of the district and free from a financial conflict of interest with the position.

 

NOTE:  The last paragraph states the legal requirements to run for the school board.  An individual must be an eligible elector in order to run for the school board.  An eligible elector need not be registered to vote. An eligible elector needs only to be eligible to be registered to vote.  Also, a spouse of an employee may run for the board. Details on conflict of interest are in Policy 203, Board of Directors' Conflict of Interest.

 

Legal Reference:    Iowa Code §§ 63; 68B; 277.4, .27; 279.7A (2013).

Cross Reference:    201    Board of Directors' Elections

    202.4    Vacancies

    203    Board of Directors' Conflict of Interest

Approved    11/20/00           Reviewed   10/18/23         Revised                   

Jen@iowaschool… Sat, 07/13/2019 - 15:22

202.2 OATH OF OFFICE

202.2 OATH OF OFFICE

Board members are officials of the state.  As a public official, each board member must pledge to uphold the Iowa and the United States Constitution and carry out the responsibilities of the office to the best of the board member's ability.

Each newly-elected board member will take the oath of office prior to any action taken as a school official.  The oath of office shall be taken by each new board member elected at the biennial school election at or before the organizational meeting of the board.  In the event of an appointment or special election to fill a vacancy, the new board member shall take the oath of office within ten days of the appointment or election.

Board members elected to offices of the board shall also take the same oath of office but replacing the office of board member with the title of the office to which they were elected.

The oath of office shall be administered by the board secretary and does not need to be given at a board meeting.  In the event the board secretary is absent, the oath shall be administered by another board member.

"Do you solemnly swear that you will support the Constitution of the United States and the Constitution of the state of Iowa, and that you will faithfully and impartially to the best of your ability discharge the duties of the office of                                (naming the office) in Emmetsburg CSD (naming the district) as now and hereafter required by law?"

 

NOTE:  Board members elected at the regular election do not need to take the oath of office within 10 days.  Those elected at a special election or appointed to fill a vacancy, however, must take the oath of office within 10 days.

 

Legal Reference:    Iowa Code §§ 277.28; 279.1, .6 (2013).

Cross Reference:    200.1    Organization of the Board of Directors

    201.4    Board of Directors' Elections

    202    Board of Directors Members

    204    Code of Ethics

    206    Board of Directors' Officers

Approved     11/20/00          Reviewed      10/18/23                      Revised   3/21/11        

Jen@iowaschool… Sat, 07/13/2019 - 15:23

202.3 TERM OF OFFICE

202.3 TERM OF OFFICE

Board members elected for a full term at a regularly scheduled school election in November, of odd-numbered years, serve for four years.  Board members appointed to fill a vacant position will serve until a successor is elected and qualified at the next regular school election, unless there is an intervening special election for the school district, in which event a successor shall be elected at the intervening special election.  A board member elected to fill a vacancy will serve out the unexpired term.

Being a board member is a unique opportunity for a citizen to participate on a governing board of the school district.  Eligible board members are encouraged to consider running for more than one term.

 

Legal Reference:           Iowa Code §§ 69.12; 274.7; 279.6; 279.7

Cross Reference:           201   Board of Directors' Elections

                                    202   Board of Directors Members

                                    202.4 Vacancies

Approved 10/26/1970    Reviewed  10/18/23    Revised 3/21/2011

 

Jen@iowaschool… Sat, 07/13/2019 - 15:25

202.4 VACANCIES

202.4 VACANCIES

A vacancy occurs when a board members resigns, forfeits or otherwise leaves office. A vacancy also includes, but is not limited to, the following: failure to be properly elected, failure to qualify within the time fixed by the law, failure to reside in the school district or director district, a court order declaring the seat vacant, conviction of a felony, three violations of the open meetings law, or conviction of a public offense in violation of the oath of office.

If a vacancy occurs prior to the expiration of a term of office, the vacancy shall be filled by board appointment within 30 days of the vacancy. The board shall publish notice stating that the board intends to fill the vacancy by appointment, but the electors of the school district have the right to file  petition within 14 days of the publication of the notice requiring the vacancy be filled by special election.

The newly appointed board member shall hold the position until the next scheduled school election, unless there is an intervening special election. At that time the appointed board member may run for a four year term, if one is available, or run for the remainder of the unexpired term.

Interested parties must submit a Letter of Intent to the Board Secretary 5 business days prior to the board meeting in which the appointment will be made. Current board members will nominate and appoint a new board member from the submitted letters.

If the board is unable to fill a vacancy by appointment within 30 days after the vacancy occurs, the board secretary shall call a special election to be held no sooner than 60 days and not later than 70 days after the vacancy occurred. A board member elected at the special election shall serve the remaining portion of the unexpired term.

 

NOTE: Special elections called because the board is unable to fill a vacancy by appointment within 30 days or called because a valid petition has been submitted are to be held 60-70 days after the vacancy occurs. These special elections are different than the special school elections (commonly called public measure elections), which are held on four specific dates each year as outlined in Iowa Code. The special elections called to fill a vacancy can be held at any time of the year.

Legal Reference:    Iowa Code §§ 21.6; 69; 277.29; 279

                                    Good v. Crouch, 397 N.W.2d 757 (Iowa 1986).

Board of Directors of Grimes Independent School Dist. v. County Board of Public Instruction of Polk Co., 257 Iowa 106, 131 N.W.2d 802 (1965).

Board of Directors of Menlo Consol. School Dist. v. Blakesburg, 240 Iowa 910, 36 N.W.2d 751 (1949).    1944 Op. Att'y Gen. 39.

Cross Reference:    201   Board of Directors’ Elections

            202   Board of Directors Members

Approved:    2/13/78        Reviewed:    10/18/23        Revised:   1-15-20

Jen@iowaschool… Sat, 07/13/2019 - 15:26

202.5: STUDENT SCHOOL BOARD REPRESENTATIVES

202.5: STUDENT SCHOOL BOARD REPRESENTATIVES

The Board of Education believes it is important to seek out and consider student ideas, viewpoints, and opinions regarding the district’s educational program. To provide student input, the Board shall include at least 2 non-voting representative(s) from the student body. 

Student school board representative eligibility and duties: 

  • The student school board representative shall be a full-time high school student in the district [one junior/one senior representative]; 

  • The student school board representative shall participate in an orientation of board responsibilities and procedures as determined by the Superintendent; 

  • The student school board representative shall be eligible to participate in discussion, but not vote, at all regular board meetings held in open session; 

  • The student school board representative shall be responsible for communicating board decisions and information to the student body; and

  • The student school board representative will be provided with and shall abide by all applicable sections of the Board Members’ Code of Ethics. 

The term of office shall be from: 

  • The first regular board meeting in September to the last regular board meeting in May; or

If the student school board representative is unable to attend a board meeting, the student school board representative must notify the Superintendent of the absence. A student school board representative who neglects his/her duties may be removed from the position at the discretion of the Board. 

NOTE: This is an optional policy.

NOTE: The Board should determine a process for how students may apply or be selected to be the student school board representative(s). While the specific process does not need to be detailed in policy, the Board should know and have decided upon a process. Options may include: 

•    An application process; 

•    Vote of the student body; or 

•    Student school board representative is a responsibility of the president or other officer of the student council. 

 

Adopted: 10/18/23                          Reviewed:                                  Revised:

cjenness@e-hawks.org Fri, 10/20/2023 - 09:03

203 BOARD OF DIRECTORS' CONFLICT OF INTEREST

203 BOARD OF DIRECTORS' CONFLICT OF INTEREST

Board members must be able to make decisions objectively.  It is a conflict of interest for a board member to receive direct compensation from the school district, unless exempted in law or policy, for anything other than reimbursement of actual and necessary expenses, including travel, incurred in the performance of official duties.  A board member will not act as an agent for a school textbooks or school supplies including sports apparel or equipment, in any transaction with a director, officer, or other staff member of the school district during the board member’s term of office.  It will not be a conflict of interest for board members to receive compensation from the school district for contracts for the purchase of goods or services which benefits a board member, or to compensation for part-time or temporary employment which benefits a board member, if the benefit to the board member does not exceed $20,000 in a fiscal year or if the contracts are made by the board, upon competitive bid in writing, publicly invited and opened. 

The conflict of interest provisions do not apply to a contract that is a bond, note or other obligation of a school corporation if the contract is not acquired directly from the school corporation, but is acquired in a transaction with a third party, who may or may not be the original underwriter, purchaser, or obligee of the contract, or to a contract in which a director has an interest solely by reason of employment if the contract was made by competitive bid, in writing, publicly invited and opened, or if the remuneration for employment will not be directly affected as a result of the contract and duties of employment do not involve any of the preparation or procurement of any part of the contract.  The competitive bid section of the conflict of interest provision does not apply to a contract for professional services not customarily awarded by competitive bid.

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

(1)    The outside employment or activity involves the use of the school district’s time, facilities, equipment and supplies or the use of the school district badge, uniform, business card or other evidence of office to give the board member or member of the board member’s immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public.  For purposes of this section, a person is not “similarly situated” merely by being related to a board member.

(2)    The outside employment or activity involves the receipt of, promise of, or acceptance of money or other consideration by the board member or a member of the board member’s immediate family from anyone other than the state or the school district for the performance of any act that the board member would be required or expected to perform as part of the board member’s regular duties or during the hours in which the board member performs service or work for the school district.

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

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

  • Cease the outside employment or activity; or;

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

When procurement is supported by Federal Child Nutrition funds, board members will not participate in the selection, award, or administration of a contract if there is a real or apparent conflict of interest in the contract.  Contract, for purposes of this paragraph, includes a contract where the board member, board member’s immediate family, partner, or a non-school district employer of these individuals is a party to the contract. 

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

 

NOTE:  This policy reflects the Iowa law on board member conflict of interest.  Board members can now make up to $20,000 from the district in a fiscal year, however boards can choose to set a limit below $20,000 if the board believes a lower amount would be more appropriate for their community. There is no longer a prohibition on the employment of a spouse of a board member. Because of this removal, boards have little discretion regarding the employment of board members’ spouses.  

Legal Reference:    22 C.F.R. § 518.42. 

Iowa Code §§ 68B; 71.1; 277.27; 279.7A; 301.28.

Cross Reference:    201    Board of Directors’ Elections

            202.1    Qualifications

            204    Code of Ethics

            216.3    Board of Directors’ Member Compensation and Expenses

            217    Gifts to Board of Directors

            401.3    Nepotism

Approved                       Reviewed 10/18/23                 Revised     ___     

Jen@iowaschool… Sat, 07/13/2019 - 15:27

204 CODE OF ETHICS

204 CODE OF ETHICS

Board members' actions, verbal and nonverbal, reflect the attitude and the beliefs of the school district.  Therefore, board members must conduct themselves professionally and in a manner fitting to their position.

Each board member shall follow the code of ethics stated in this policy.

 

AS A SCHOOL BOARD MEMBER:

    1.    I will listen.

    2.    I will respect the opinion of others.

    3.    I will recognize the integrity of my predecessors and associates and the merit of their work.

    4.    I will be motivated only by an earnest desire to serve my school district and the children of my school district community in the best possible way.

    5.    I will not use the school district or any part of the school district program for my own personal advantage or for the advantage of my friends or supporters.

    6.    I will vote for a closed session of the board if the situation requires it, but I will consider "star chamber" or "secret" sessions of board members unethical.

    7.    I will recognize that to promise in advance of a meeting how I will vote on any proposition which is to be considered is to close my mind and agree not to think through other facts and points of view which may be presented in the meeting.

    8.    I will expect, in board meetings, to spend more time on education programs and procedures than on business details.

    9.    I will recognize that authority rests with the board in legal session and not with individual members of the board, except as authorized by law.

    10.    I will make no disparaging remarks, in or out of the board meeting, about other members of the board or their opinions.

    11.    I will express my honest and most thoughtful opinions frankly in board meetings in an effort to have decisions made for the best interests of the children and the education program.

    12.    I will insist that the members of the board participate fully in board action and recommend that when special committees are appointed, they serve only in an investigative and advisory capacity.

    13.    I will abide by majority decisions of the board.

    14.    I will carefully consider petitions, resolutions and complaints and will act in the best interests of the school district.

    15.    I will not discuss the confidential business of the board in my home, on the street or in my office; the place for such discussion is the board meeting.

    16.    I will endeavor to keep informed on local, state and national educational developments of significance so I may become a better board member.

 

IN MEETING MY RESPONSIBILITY TO MY SCHOOL DISTRICT COMMUNITY

    1.    I will consider myself a trustee of public education and will do my best to protect it, conserve it, and advance it, giving to the children of my school district community the educational facilities that are as complete and adequate as it is possible to provide.

    2.    I will consider it an important responsibility of the board to interpret the aims, methods and attitudes of the school district to the community.

    3.    I will earnestly try to interpret the needs and attitudes of the school district community and do my best to translate them into the education program of the school district.

    4.    I will attempt to procure adequate financial support for the school district.

    5.    I will represent the entire school district rather than individual electors, patrons or groups.

    6.    I will not regard the school district facilities as my own private property but as the property of the people.

 

IN MY RELATIONSHIP WITH SUPERINTENDENT AND EMPLOYEES

    1.    I will function, in meeting the legal responsibility that is mine, as a part of a legislative, policy-forming body, not as an administrative officer.

    2.    I will recognize that it is my responsibility, together with that of my fellow board members, to see the school district is properly run and not to run them myself.

    3.    I will expect the school district to be administered by the best-trained technical and professional people it is possible to procure within the financial resources of the school district.

    4.    I will recognize the superintendent as executive officer of the board.

    5.    I will work through the administrative employees of the board, not over or around them.

    6.    I will expect the superintendent to keep the board adequately informed through oral and written reports.

    7.    I will vote to employ employees only after the recommendation of the superintendent has been received.

    8.    I will insist that contracts be equally binding on teachers and the board.

    9.    I will give the superintendent power commensurate with the superintendent's responsibility and will not in any way interfere with, or seek to undermine, the superintendent's authority.

    10.    I will give the superintendent friendly counsel and advice.

    11.    I will present any personal criticism of employees to the superintendent.

    12.    I will refer complaints to the proper administrative officer.

 

TO COOPERATE WITH OTHER SCHOOL BOARDS

    1.    I will not employ a superintendent, principal or teacher who is already under contract with another school district without first securing assurance from the proper authority that the person can be released from contract.

    2.    I will consider it unethical to pursue any procedure calculated to embarrass a neighboring board or its representatives.

    3.    I will not recommend an employee for a position in another school district unless I would employ the employee under similar circumstances.

    4.    I will answer all inquiries about the standing and ability of an employee to the best of my knowledge and judgment, with complete frankness.

    5.    I will associate myself with board members of other school districts for the purpose of discussing school district issues and cooperating in the improvement of the education program.

 

Legal Reference:    Iowa Code §§ 21.6(3)(d); 68B; 69; 277.28; 279.7A, 279.8, 301.28 (2013).

Cross Reference:    202    Board of Directors Members

    203    Board of Directors' Conflict of Interest

Approved     10/26/70          Reviewed    10/18/23             Revised                   

 

Jen@iowaschool… Sat, 07/13/2019 - 15:28

205 BOARD MEMBER LIABILITY

205 BOARD MEMBER LIABILITY

Board members shall not be held personally liable for actions taken in the performance of their duties and responsibilities vested in them by the laws of Iowa and the members of the school district community.  In carrying out the duties and responsibilities of their office, board members shall act in good faith.

The school district shall defend, save harmless and indemnify board members against tort claims or demands, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of their official duties, unless it constitutes a willful or wanton act or omission.  However, the school district shall not save harmless or indemnify board members for punitive damages.

 

Legal Reference:    Wood v. Strickland, 420 U.S. 308 (1975).42 U.S.C. §§ 1983, 1985 (2012).

        Iowa Code ch. 670 (2013).

Cross Reference:    709  Insurance Program

Approved     1/17/94           Reviewed   10/18/23          Revised     11/20/00      

Jen@iowaschool… Sat, 07/13/2019 - 15:30

206 BOARD OF DIRECTORS' OFFICERS

206 BOARD OF DIRECTORS' OFFICERS Jen@iowaschool… Sat, 07/13/2019 - 15:31

206.1 PRESIDENT

206.1 PRESIDENT

Policy 206.1 PRESIDENT

It is the responsibility of the board president to lead a well-organized board in an efficient and effective manner.  The board president will set the tone of the board meetings and, as the representative of the consensus of the board, speak on behalf of the board to the public.

The president of the board is elected to serve a one-year term by a majority vote at the organizational meeting in odd-numbered years, or, in even-numbered years, at  a regular meeting held between twelve to thirteen months after the most recent organizational meeting.

The president, in addition to presiding at the board meetings, will take an active role in board decisions by discussing and voting on each motion before the board in the same manner as other board members.  Before making or seconding a motion, the board president will turn over control of the meeting to either the vice-president or other board member.

The board president has the authority to call special meetings of the board.  Prior to board meetings, the board president will consult with the superintendent on the development of the agenda for the meeting.

The board president, as the chief officer of the school district, will sign employment contracts and sign other contracts and school district warrants approved by the board and appear on behalf of the school corporation in causes of action involving the school district.

  

NOTE: Board presidents were required by law to be elected during the organizational meeting following elections, and at the annual meeting in even-numbered years, and could only serve on year terms.  After school elections changed to November, that required boards to wait until November each year to hold their annual meetings and settle their financials from the fiscal year prior.  This 2021 change in the law separates out the election of the board president from the annual meeting.  This change allows the annual meeting to be held after August 31, but closer to the end of the preceding fiscal year, and the board president to be elected during the board’s regular meeting in November to maintain a one year term of office. 

 

Legal Reference:

Iowa Code §§ 279.1-.2291.1.

Cross Reference:

200.1 Organization of the Board of Directors

202.2 Oath of Office

206.2 Vice-President

Approved     10/26/70     Reviewed 10/18/23    Revised    11/15/2021       

Jen@iowaschool… Sat, 07/13/2019 - 15:31

206.2 VICE PRESIDENT

206.2 VICE PRESIDENT

Policy 206.2 VICE-PRESIDENT

The vice-president of the board is elected by a majority vote at the organizational meeting of in odd-numbered years, or, in even-numbered years, at a regular meeting held between twelve to thirteen months after the most recent organizational meeting, to serve a one-year term of office.

By this election, if the board president is unable or unwilling to carry out the duties required, it is the responsibility of the Vice-President of the board to carry out the duties of the president.  If the president is unable or unwilling to complete the term of office, the vice-president will serve as president for the balance of the president's term of office, and a new vice-president will be elected.

The vice-president will accept control of the meeting from the president when the president wishes to make or second a motion.  The vice-president will take an active role in board decisions by discussing and voting on matters before the board in the same manner as other board members.

Legal Reference:

Iowa Code § 279.5

Cross Reference:

200.1 Organization of the Board of Directors

202.2 Oath of Office

206.1 President

Approved    10/26/70           Reviewed    10/18/23              Revised    11/15/2021           

Jen@iowaschool… Sat, 07/13/2019 - 15:32

206.3 SECRETARY

206.3 SECRETARY

A board secretary may be appointed from employees, other than a position requiring a teaching certificate, or from the public.  To finalize the appointment, the board secretary will take the oath of office during the meeting at which the individual was appointed or no later than ten days thereafter. It is the responsibility of the board to evaluate the board secretary annually.

It is the responsibility of the board secretary, as custodian of school district records, to preserve and maintain the records and documents pertaining to the business of the board; to keep complete minutes of special and regular board meetings, including closed sessions; to keep a record of the results of regular and special elections; to keep an accurate account of school funds; to sign warrants drawn on the school funds after board approval; and collect data on truant students.  The board secretary will also be responsible for filing the required reports with the Iowa Department of Education.

In the event the board secretary is unable to fulfill the responsibilities set out by the board and the law, business manager will assume those duties until the board secretary is able to resume the responsibility or a new board secretary is appointed.  The board secretary will give bond in an amount set by the board. The cost of the bond will be paid by the school district.

 

Legal Reference:           Iowa Code §§ 64; 279.3, .5, .7, .32, .33, .35; 291.2-.4, .6-.8, .10-.11;         299.10, (2013).                        281 I.A.C. 12.3(1).

Cross Reference:           202.2     Oath of Office

                                    206.4     Treasurer

                                    210.1     Annual Meeting

                                    215        Board of Directors' Records

                                    501.10   Truancy - Unexcused Absences

                                    707.1     Secretary's Reports

                                    708        Care, Maintenance and Disposal of School District Records

Approved    2-13-78                 Reviewed   10/18/23                                 Revised  5-15-19      

Jen@iowaschool… Sat, 07/13/2019 - 15:33

206.4 TREASURER

206.4 TREASURER

It shall be the responsibility of the board to annually appoint a treasurer.  The board may annually appoint a treasurer from its employees, other than a position requiring a teaching certificate, or from the public at the board meeting held each year after July 1, and prior to August 15, to serve a one-year term of office.  To finalize the appointment, the treasurer shall take the oath of office at the meeting or no later than ten days thereafter.

It shall be the responsibility of the treasurer to oversee the investment portfolio, to receive funds of the school district, to pay out the funds for expenses approved by the board, to maintain accurate accounting records for each fund, to report monthly regarding the investment portfolio and the status of each fund and to file required reports with the appropriate state agencies and other entities.  

If the treasurer is unable or unwilling to carry out the duties required, it shall be the responsibility of the board secretary to carry out the duties of the treasurer.

The treasurer shall give bond in an amount set by the board.  The cost of the bond will be paid by the school district.

 

Legal Reference:    Iowa Code §§ 12B.10; 12C; 279.3, .31-.33; 291.2-.4, .8, .11-.14 

    281 I.A.C. 12.3(1).

    1978 Op. Att'y Gen. 328.

Cross Reference:    202.2    Oath of Office

    206.3    Secretary

    210.1    Annual Meeting

    215    Board of Directors' Records

    704.3    Investments

    707    Fiscal Reports

Approved    10/26/70           Reviewed    10/18/23           Revised                   

 

Jen@iowaschool… Sat, 07/13/2019 - 15:33

207 BOARD OF DIRECTORS' LEGAL COUNSEL

207 BOARD OF DIRECTORS' LEGAL COUNSEL

It shall be the responsibility of the board to employ legal counsel to assist the board and the administration in carrying out their duties with respect to the numerous legal issues confronting the school district.  The board may appoint legal counsel at its annual meeting.

The superintendent and board secretary shall have the authority to contact the board's legal counsel on behalf of the board when the superintendent or board secretary believe it is necessary for the management of the school district.  The board president may contact and seek advice from the school board's legal counsel. The board's legal counsel shall attend both regular and special school board meetings upon the request of the board or the superintendent. Board members may contact legal counsel upon approval of a majority of the board.  It shall be the responsibility of each board member to pay the legal fees, if any, of an attorney the board member consulted regarding matters of the school district unless the board has authorized the board member to consult an attorney on the matter.

It shall be the responsibility of the superintendent to keep the board informed of matters for which legal counsel was consulted, particularly if the legal services will involve unusual expense for the school district.

Legal Reference:    Bishop v. Iowa State Board of Public Instruction, 395 N.W.2d 888 (Iowa 1986).

        Iowa Code § 279.37 (2013).

Cross Reference:    200 Legal Status of the Board of Directors

Approved     2/13/78           Reviewed    11/21/23            Revised    11/21/88, 11/20/00   

Jen@iowaschool… Sat, 07/13/2019 - 15:34

208 AD HOC COMMITTEES

208 AD HOC COMMITTEES

Whenever the board deems it necessary, the board may appoint a committee composed of citizens, employees or students to assist the board.  Committees formed by the board are ad hoc committees.

An ad hoc committee is formed by board resolution which shall outline the duties and purpose of the committee.  The committee is advisory in nature and has no duty or responsibility other than that specifically stated in the board resolution.  The committee shall automatically dissolve upon the delivery of its final recommendation to the board or upon completion of the duties outlined in the board resolution.  The board will receive the report of the committee for consideration. The board retains the authority to make a final decision on the issue. The committee may be subject to the open meetings law. 

The method for selection of committee members shall be stated in the board resolution.  When possible, and when the necessary expertise required allows, the committee members will be representative of the school district community and shall consider the various viewpoints on the issue.  The board may designate a board member and the superintendent to serve on an ad hoc committee. The committee will select its own chairperson, unless the board designates otherwise.

Legal Reference:    Iowa Code §§ 21; 279.8; 280.12(2) (2013).

    281 I.A.C. 12.3(3), .3(8); .5(8).

    O.A.G., Nov. 18, 1993

Cross Reference:    103    Educational and Operational Planning

    211    Open Meetings

    212    Closed Sessions

    215    Board of Directors' Records

    605.1    Instructional Materials Selection

    900    Principles and Objectives for Community Relations

Approved    11/2/88           Reviewed    11/21/23            Revised  11/20/00                 

Jen@iowaschool… Sat, 07/13/2019 - 15:35

208.1E1 AD HOC COMMITTEES EXHIBIT

208.1E1 AD HOC COMMITTEES EXHIBIT

Ad Hoc Committee Purpose and Function

The specific purpose of each ad hoc committee varies.  Generally, the primary function of an ad hoc committee is to give specific advice and suggestions.  The advice and suggestions should focus on the purpose and duties stated in the board resolution establishing the committee.  It is the board's role to take action based on information received from the ad hoc committee and other sources. Ad hoc committees may be subject to the open meetings law.

 

Role of an Ad Hoc Committee Member

The primary role of an ad hoc committee member is to be a productive, positive member of the committee.  In doing so, it is important to listen to and respect the opinions of others. When the ad hoc committee makes a recommendation to the board, it is important for the ad hoc committee members to support the majority decision of the ad hoc committee.  An ad hoc committee will function best when its members work within the committee framework and bring items of business to the ad hoc committee.

 

Ad Hoc Committee Membership

Ad hoc committee members may be appointed by the board.  The board may request input from individuals or organizations, or it may seek volunteers to serve.  Only the board or superintendent has the authority to appoint members to an ad hoc committee. Boards must follow the legal limitations or requirements regarding the membership of an ad hoc committee.

Jen@iowaschool… Sat, 07/13/2019 - 15:36

209 BOARD OF DIRECTORS' MANAGEMENT PROCEDURES

209 BOARD OF DIRECTORS' MANAGEMENT PROCEDURES Jen@iowaschool… Sat, 07/13/2019 - 15:37

209.1 DEVELOPMENT OF POLICY

209.1 DEVELOPMENT OF POLICY

The board has jurisdiction to legislate policy for the school district with the force and effect of law.  Board policy provides the general direction as to what the board wishes to accomplish while allowing the superintendent to implement board policy.

The written policy statements contained in this manual provide guidelines and goals to the citizens, administration, employees and students in the school district community.  The policy statements shall be the basis for the formulation of regulations by the administration. The board shall determine the effectiveness of the policy statements by evaluating periodic reports from the administration.

Policy statements may be proposed by a board member, administrator, employee, student or member of the school district community.  Proposed policy statements or ideas shall be submitted to the superintendent's office for possible placement on the board agenda. It shall be the responsibility of the superintendent to bring these proposals to the attention of the board. 

 

Legal Reference:    Iowa Code §§ 274.1-.2; 279.8; 280.12 (2013).

    281 I.A.C. 12.3(2).

    1970 Op. Att'y Gen. 287.

Cross Reference:    101    Educational Philosophy of the School District

    200.2    Powers of the Board of Directors

    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

Approved    11/5/84            Reviewed   11/21/23                       Revised   12/20/93, 11/20/00        

Jen@iowaschool… Sat, 07/13/2019 - 15:36

209.2 ADOPTION OF POLICY

209.2 ADOPTION OF POLICY

The board will give notice of proposed policy changes or adoption of new policies by placing the item on the agenda of two regular board meetings.  This notice procedure shall be required except for emergency situations.  If the board adopts a policy in an emergency situation, a statement regarding the emergency and the need for immediate adoption of the policy shall be included in the minutes. The board shall have complete discretion to determine what constitutes an emergency situation.

The final action taken to adopt the proposed policy shall be approved by a simple majority vote of the board at the next regular meeting after the meeting allowing public discussion.  The policy will be effective on the later of the date of passage or the date stated in the motion.

In the case of an emergency, a new or changed policy may be adopted by a majority vote of a quorum of the board.  The emergency policy shall expire at the close of the third regular meeting following the emergency action, unless the policy adoption procedure stated above is followed and the policy is reaffirmed.

Legal Reference:    Iowa Code § 279.8 (2013).

    281 I.A.C. 12.3(2).

    1970 Op. Att'y Gen. 287.

Cross Reference:    200.2    Powers of the Board of Directors

    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

 

Approved    10/26/70           Reviewed      11/21/23                  Revised     12/20/93, 11/20/00      

Jen@iowaschool… Sat, 07/13/2019 - 15:38

209.3 DISSEMINATION OF POLICY

209.3 DISSEMINATION OF POLICY

The board policy manual is available electronically. Persons unable to access the policy manual electronically should contact the board secretary for assistance.

Copies of changes in board policy will be included in or attached to the minutes of the meetings in which the final action was taken to adopt the new or changed policy.

 

Legal Reference:    Iowa Code §§ 277.31; 279.8 (2013).

    281 I.A.C. 12.3(2).

Cross Reference:    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

Approved    11/20/00           Reviewed      11/21/23     Revised    6/19/19               

Jen@iowaschool… Sat, 07/13/2019 - 15:38

209.4 SUSPENSION OF POLICY

209.4 SUSPENSION OF POLICY

Generally, the board shall follow board policy and enforce it equitably.  The board, and only the board, may, in extreme emergencies of a very unique nature, suspend policy.  It shall be within the discretion of the board to determine when an extreme emergency of a very unique nature exists.  Reasons for suspension of board policy shall be documented in board minutes.

 

Legal Reference:    Iowa Code § 279.8 (2013).

    281 I.A.C. 12.3(2).

Cross Reference:    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

Approved    11/20/00           Reviewed        11/21/23         Revised                   

Jen@iowaschool… Sat, 07/13/2019 - 15:39

209.5 ADMINISTRATION IN THE ABSENCE OF POLICY

209.5 ADMINISTRATION IN THE ABSENCE OF POLICY

When there is no board policy in existence to provide guidance on a matter, the superintendent is authorized to act appropriately under the circumstances surrounding the situation keeping in mind the educational philosophy and financial condition of the school district.

It shall be the responsibility of the superintendent to inform the board of the situation and the action taken and to document the action taken.  If needed, the superintendent shall draft a proposed policy for the board to consider.

 

Legal Reference:    Iowa Code § 279.8 (2013).

    281 I.A.C. 12.3(2).

Cross Reference:    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

    302.4    Superintendent Duties

    304    Policy Implementation

Approved     11/20/00          Reviewed      11/21/23       Revised                   

Jen@iowaschool… Sat, 07/13/2019 - 15:40

209.6 REVIEW AND REVISION OF POLICY

209.6 REVIEW AND REVISION OF POLICY

The board shall, at least once every five years, review board policy.  Once the policy has been reviewed, even if no changes were made, a notation of the date of review shall be made on the face of the policy statement.

The board will review one-fifth of the policy manual annually according to the following subject areas:

  • Board of Directors (Series 200)

  • Administration, Employees (Series 300 and 400)

  • School District, Education Program (Series 100 and 600)

  • Students (Series 500)

  • Noninstructional Operations and Business Services, Buildings and Sites, School District-Community Relations (Series 700, 800 and 900)

It shall be the responsibility of the superintendent to keep the board informed as to legal changes at both the federal and state levels.  The superintendent shall also be responsible for bringing proposed policy statement revisions to the board's attention.

If a policy is revised because of a legal change over which the board has no control or a change which is minor, the policy may be approved at one meeting at the discretion of the board.

 

Legal Reference:    Iowa Code § 279.8 (2013).

    281 I.A.C. 12.3(2).

Cross Reference:    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

Approved    1/9/84           Reviewed   11/21/23                     Revised    12/20/93, 11/20/00       

Jen@iowaschool… Sat, 07/13/2019 - 15:40

209.7 REVIEW OF ADMINISTRATIVE REGULATIONS

209.7 REVIEW OF ADMINISTRATIVE REGULATIONS

Board policy sets the direction for the administration of the education program and school district operations.  Some policies require administrative regulations for implementation.

It shall be the responsibility of the superintendent to develop administrative regulations to implement the board policies.  The regulations will be reviewed by the board prior to their use in the school district. Handbooks will be approved by the board prior to their use.

The administrative regulations will be available no later than the first regular board meeting after the adoption of the board policy unless the board directs otherwise.

 

Legal Reference:    Iowa Code §§ 279.8, .20 (2013).

Cross Reference:    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

Approved     11/20/00          Reviewed      11/21/23            Revised                   

Jen@iowaschool… Sat, 07/13/2019 - 15:41

210 BOARD OF DIRECTORS' MEETINGS

210 BOARD OF DIRECTORS' MEETINGS Jen@iowaschool… Sat, 07/13/2019 - 15:42

210.1 ANNUAL MEETING

210.1 ANNUAL MEETING

Each year after August 31 and prior to the organizational meeting of the board in odd-numbered years, the board shall hold its annual meeting.

At the annual meeting, the board shall examine the financial books and settle the secretary's and treasurer's statements for the fiscal year ending the preceding June 30.  As part of the annual reports, the treasurer shall present affidavits from depository banks. 

The board, at this meeting, shall also appoint a board secretary and a treasurer.  In the board's discretion, one individual may serve as both the secretary and treasurer.  The board may also appoint the board's legal counsel.

 

Legal Reference:    Iowa Code §§ 279.3, .33 (2013).

Cross Reference:    206.3  Secretary

    206.4  Treasurer

    701.1  Depository of Funds

    707     Fiscal Reports

Approved    12/12/83           Reviewed   12/20/23                         Revised   12/20/93       

 

Jen@iowaschool… Sat, 07/13/2019 - 15:42

210.2 REGULAR MEETING

210.2 REGULAR MEETING

The regular meeting time and date will be set by the board at the organizational meeting in odd-numbered years, or at the annual meeting in even-numbered years.  

The regular meetings of the board will be held monthly. The board will set the date and time at the annual organizational meeting. The board will adhere to this meeting date and time unless the board requires additional meetings or, due to circumstances beyond the board's control, the meeting cannot be held on the regular meeting date, and the meeting will be re-scheduled in accordance with law and policy.  Public notice of the meetings will be given.

 

Legal Reference:    Iowa Code §§ 21.3, .4; 279.1 

Cross Reference:    200.1   Organization of the Board of Directors

    210      Board of Directors' Meetings

Approved    11/5/84          Reviewed     12/20/23                   Revised    11/21/11       

Jen@iowaschool… Sat, 07/13/2019 - 15:43

210.3 SPECIAL MEETING

210.3 SPECIAL MEETING

It may be necessary for the board to conduct a special meeting in addition to the regularly scheduled board meeting.  Special meetings may be called by the president of the board or by the board secretary at the request of a majority of the board.  Should a special meeting be called, public notice shall be given.

If the special meeting called is an emergency meeting and the board cannot give public notice in its usual manner, the board shall give public notice of the meeting as soon as practical and possible in light of the situation.  Emergency meetings will only be held when an issue cannot wait twenty-four hours necessary for a special meeting. The reason for the emergency meeting and why notice in its usual manner could not be given shall be stated in the minutes.

Only the purpose or issue for which the special meeting was called may be discussed and decided in the special meeting.  The board shall strictly adhere to the agenda for the special meeting and action on other issues shall be reserved for the next regular or special board meeting.

 

Legal Reference:    Iowa Code §§ 21.3, .4; 279.2 (2013).

    1980 Op. Att'y Gen. 148.

Cross Reference:    200.1    Organization of the Board of Directors

    210    Board of Directors' Meetings

Approved     7/11/83            Reviewed     12/20/23           Revised    11/20/00               

       

Jen@iowaschool… Sat, 07/13/2019 - 15:43

210.4 WORK SESSIONS

210.4 WORK SESSIONS

The board, as a decision making body, is confronted with a continuing flow of problems, issues and needs which require action.  While the board is determined to expedite its business, it is also mindful of the importance of planning, brainstorming and thoughtful discussion without action.  Therefore, the board may schedule work sessions and retreats in order to provide its members and the administration with such opportunities. The board has the authority to hire an outside facilitator to assist them in work sessions.

Topics for discussion and study will be announced publicly, and work sessions and retreats will be conducted in open session.  However, no board action will take place at the work session.

 

Legal Reference:    Iowa Code §§ 21; 279.8 (2013).

    1982 Op. Att'y Gen. 162.

    1980 Op. Att'y Gen. 167.

    1976 Op. Att'y Gen. 384, 514, 765.

    1972 Op. Att'y Gen. 158.

    1970 Op. Att'y Gen. 287.

Cross Reference:    210    Board of Directors' Meetings

    211    Open Meetings

Approved     11/20/00          Reviewed        12/20/23             Revised                   

Jen@iowaschool… Sat, 07/13/2019 - 15:44

210.5 MEETING NOTICE

210.5 MEETING NOTICE

Public notice shall be given for meetings and work sessions held by the board.  Public notice shall indicate the time, place, date and tentative agenda of board meetings.  The public notice shall be posted on the bulletin board outside the central administration office at least two days before it is scheduled, but, at the minimum, twenty-four hours notice needs to be given.

A copy of the public notice will be provided to those who have filed a request for notice with the secretary. A copy of the public notice will also be accessible to employees and students.

In the case of special meetings, public notice shall be given in the same manner as for a regular meeting unless it is an emergency meeting.  In that case, public notice of the meeting shall be given as soon as practical and possible in light of the situation. The media and others who have requested notice shall be notified of the emergency meeting.  Attendance at a special meeting or emergency meeting by the media or board members shall constitute a waiver of notice.

It shall be the responsibility of the board secretary to give public notice of board meetings and work sessions.

 

Legal Reference:    Dobrovolny v. Reinhardt, 173 N.W.2d 837 (Iowa 1970).

    Iowa Code §§ 21.2-.4; 279.1, .2 (1999).

    1952 Op. Att'y Gen. 133.

 

Cross Reference:    210    Board of Directors' Meetings

    210.8    Board of Directors' Meeting Agenda

Approved    12/12/83           Reviewed    1-15-20           Revised        12/20/23         

 

Jen@iowaschool… Sat, 07/13/2019 - 15:45

210.6 QUORUM

210.6 QUORUM

Action by the board regarding the affairs of the school district may be taken only when a quorum, a majority of the board members, is in attendance at the board meeting. While in person participation is encouraged, board members may attend meetings either in person or electronically provided each member can hear and be heard in real time by all members present and the public.

While board members are encouraged to attend board meetings, 4 members shall constitute a quorum and are a sufficient number to transact business of the school corporation.  The adjournment of a meeting may be executed without a quorum.

An affirmative vote of a majority of the votes cast shall be sufficient to pass a motion or take action unless law or board policy requires a vote of a greater number.

It is the responsibility of each board member to attend board meetings.

 

Legal Reference:    Iowa Code §§ 21.5(1); 279.4

Approved    10/26/70           Reviewed    12/20/23         Revised          1-15-20         

 

Jen@iowaschool… Sat, 07/13/2019 - 15:45

210.7 RULES OF ORDER

210.7 RULES OF ORDER

An orderly board meeting allows the board members to participate in the discussion and decision process on an issue confronting the school district.  Rules of order for board meetings allow school district business and the relative information concerning the business to be brought to the attention of the board.  They also allow the board to discuss, act upon and make a clear record of school district business in a regular, ordered, reasonable and consistent manner.

It shall be the responsibility of each board member to follow the rules of order stated in this policy at each meeting, and it shall be the responsibility of the presiding officer to conduct the board meeting within these rules.

The board shall follow Robert's Rule of Order, Revised, latest edition as modified by this policy and subsequent rule.

The purpose of modified rules adopted by the board are:

  •     To establish guidelines by which the business of the governing board can be conducted in a regular and internally consistent manner;
  •     To organize the meetings so all necessary matters can be brought to the board and decisions of the board can be made in an orderly and reasonable manner;
  •     To ensure members of the board, concentrating on the substantive issues at hand, have the necessary information to make decisions, and to ensure adequate discussion of decisions to be made; and, 
  •     To ensure meetings and actions of the board are conducted so as to be informative to the staff and the public, and to produce a clear record of actions taken and decisions made.

Legal Reference:    Iowa Code §§ 21.2, .7; 279.8 (2013).

Cross Reference:    210    Board of Directors' Meetings

    210.8    Board Meeting Agenda

Approved     10/26/70          Reviewed     12/20/23           Revised      11/20/00             

     

Jen@iowaschool… Sat, 07/13/2019 - 15:46

210.7R RULES OF ORDER

210.7R RULES OF ORDER

The following rules of procedure have been adopted by the board at the annual organization meeting:

  1. Board members need not rise to gain the recognition of the chair.

  2. All motions will be made as a positive action.

  3. A motion will be adopted or carried if it receives an affirmative vote from more than half of the votes cast.  Only “yes” and “no” votes are counted in this calculation.  It should be noted that some motions require larger numbers of affirmative votes, such as to move into a closed session.

  4. All motions shall receive a second prior to opening the issue for discussion of the board.  If a motion does not receive a second, the chair may declare the motion dead for lack of a second.

  5. The chair may decide the order in which board members will be recognized to address an issue.  An attempt should be made to alternate between pro and con positions.

  6. The chair shall rule on all motions that come before the board.

  7. The chair may rule on points of order brought before the board.

  8. The chair shall have complete authority to recognize any member of the audience regarding a request to participate in the board meeting.  Members of the public who wish to participate shall follow the procedures outlined in Policy No. 213.1R1.

  9. The chair has the authority to declare a recess at any time for the purpose of restoring decorum to the meeting.

  10. The order in which names will be called for roll call votes will be as follows:

    • All board members will be listed in alphabetical order by last name.
    • All roll call votes will be called in alphabetical order, beginning at various positions on the list.
    • The first roll call vote will begin at the top of the list and proceed down.  The second roll call vote will begin with the second name and proceed down the list, with the last name called to be the first person called on the previous vote.
    • A person’s absence or presence will have not effect on the rotation.
    • The board president’s name is placed in the rotation and receives no preferential treatment due to elected position.
    • The board secretary will maintain the record of rotation for roll call votes.  The sequence will continue from meeting to meeting.
  11. The chair has the same authority and responsibility as each board member to vote on all issues.

LEGAL REFERENCES:  Iowa Code Section 21.7.

Jen@iowaschool… Sat, 07/13/2019 - 15:47

210.8 AGENDA

210.8 AGENDA

Policy 210.8 BOARD MEETING AGENDA

The tentative agenda for each board meeting will state the topics for discussion and action at the board meeting.  The agenda is part of the public notice of the board meeting and will be posted and distributed.

Persons requesting to place an item on the agenda must make a request to the superintendent prior to the drafting of the tentative agenda.  The person making the request must state the person's name, address, purpose of the presentation, action desired and pertinent background information.  Requests from the public may be added to the tentative agenda at the discretion of the superintendent after consultation with the board president.  Requests received after the deadline may only be added to the agenda for good cause.

The tentative agenda and supporting documents will be sent to the board members   4   days prior to the scheduled board meeting.  These documents are the private property of the board member.  Persons wishing to view the tentative agenda and supporting documents may do so at the central administration office.

The board will take action only on the items listed on the tentative agenda posted with the public notice.  Items added to the agenda may be discussed or taken under advisement by the board.  If an added item is acted upon, the minutes of the board meeting will state the reason justifying the immediate action.

It is the responsibility of the board president and superintendent to develop the agenda for each board meeting.  Any board member may place an item on the next regular agenda with the consent of a majority of the board.  Board members wishing to do so should provide notice to the superintendent and board president   4   days prior to the scheduled meeting.

  

NOTE:  There is no legal requirement for the method used in developing the board agenda.  This policy states the common procedure for drafting the board agenda.  If a board uses another procedure, it should be reflected in this policy.

  

Legal Reference:

Iowa Code §§ 21279.8.

Cross Reference:

210 Board of Directors' Meetings

211 Open Meetings

213 Public Participation in Board Meetings

215 Board of Directors' Records

402.5 Public Complaints About Employees

502.4 Student Complaints and Grievances

 

 

 

Approved     11/5/84          Reviewed     12/20/23         Revised  12/15/21

Jen@iowaschool… Sat, 07/13/2019 - 15:48

210.8R ORDER OF REGULAR BUSINESS MEETINGS

210.8R ORDER OF REGULAR BUSINESS MEETINGS

The order of business in the Emmetsburg Community School District at all meeting insofar as practicable except as otherwise directed by the Board or by its president when not objected to shall be as follows:

  1. Call to order

  1. Roll call – quorum

  1. Approval of:

    • Agenda
    • Minutes of previous meeting(s)
    • Financial statements
    • Claims
  2. Welcome guests

  3. Old business

  4. New business

  1. Superintendent’s report

  1. Future agenda items

  1. Adjournment

Jen@iowaschool… Sat, 07/13/2019 - 15:49

210.9 ORGANIZATIONAL MEETING

210.9 ORGANIZATIONAL MEETING

    At the organizational meeting of the Emmetsburg Community School District Board of Directors held each year at its regular meeting in November as required by law, the Board shall be called to order by the immediate past-president.  In the event that person is no longer a member of the Board, the secretary shall act as temporary chairman.

    The first order of business shall be to swear into office any new members unless they shall have been so sworn previously.  The Board shall then elect from its membership a President and Vice-President. The elections shall be conducted by first obtaining written nominations.  The two members whose names appear most frequently as nominees shall be declared the candidates and the election to office shall be by written ballot.

 

LEGAL REFERENCES:  Iowa Code Sections 274.2; 277.28; 277.31; 279.1; 279.5; 279.7.

Approved     10/26/70          Reviewed     12/20/23          Revised     11/20/00              

     

Jen@iowaschool… Sat, 07/13/2019 - 15:50

211 OPEN MEETINGS

211 OPEN MEETINGS

A gathering of a majority of board members either in person or electronically in which deliberation of an issue within the scope of the board's policy-making duties takes place is a board meeting.  A gathering for the purpose of social or ministerial action shall not constitute a board meeting when there is no discussion of policy or no intent to avoid the purpose of an open meetings law. Meetings of the board shall be conducted in an open meeting unless a closed session is authorized by law or the meeting is exempt from the open meetings law.

 

Legal Reference:    Iowa Code §§ 21, 279.1-.2 (2013).

    1982 Op. Att'y Gen. 162.

    1980 Op. Att'y Gen. 167.

Cross Reference:    208    Ad Hoc Committees

    210    Board of Directors' Meetings

    210.8    Board Meeting Agenda

    212    Closed Sessions

Approved    11/20/00           Reviewed     1/24/24           Revised            1-15-20       

Jen@iowaschool… Sat, 07/13/2019 - 16:01

212 CLOSED SESSIONS

212 CLOSED SESSIONS

Policy 212 CLOSED SESSIONS

Generally, board meetings will be open meetings, unless a closed session is provided for by law. 

Closed sessions take place as part of an open meeting.  The board may enter into a closed session for any reason permitted by law.

The item for discussion in the closed session will be listed as part of the tentative agenda on the public notice with the full text of the Iowa Code citation reference stated on the agenda.  The motion for a closed session, stating the purpose for the closed session, will be made and seconded during the open meeting.  A minimum of two-thirds of the board, or all of the board members present, if any are absent, must vote in favor of the motion on a roll call vote.  Closed sessions will be recorded and have detailed minutes kept by the board secretary.  No voting will take place in the closed session. Final action on matters discussed in the closed session will be taken in an open meeting. 

The minutes and recording will restate the motion made in the open meeting, the roll call vote, the members present, and the time the closed session began and ended.  The recordings and the written minutes will be kept for one year from the date of the meeting.  Real estate related minutes and recordings will be made public after the real estate transaction is completed.

The detailed minutes recording will be sealed and will not be public records open to public inspection.  The minutes recording will only be available to board members or opened upon court or administrative order in an action to enforce the requirements of the open meetings law.  The board has complete discretion as to whom may be present at a closed session, but generally closed sessions will be limited to the board, a recording secretary and the superintendent if indicated.  The board has discretion to nominate the board secretary or any board member to serve as recording secretary for the closed session.

Legal Reference:

Iowa Code §§ 2122.7279.24.

Cross Reference:

208 Ad Hoc Committees

211 Open Meetings

212.1 Exempt Meetings

 

 Approved  11/20/2000          Reviewed   1/24/24           Revised     12/15/21

Jen@iowaschool… Sat, 07/13/2019 - 16:01

212.1 EXEMPT MEETINGS

212.1 EXEMPT MEETINGS

Policy 212.1 EXEMPT MEETINGS

Board meetings at which a quorum is not present, or gatherings of the board for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of the open meetings law, are exempt from the open meetings law requirements.  Since gatherings of this type are exempt from the open meetings requirements, they can be held without public notice, be separate from an open meeting, be held without recording the gathering or taking minutes, and be held without a vote or motion.  The board may also hold an exempt session for the following reasons, or as may be otherwise authorized by law:

  1. Negotiating sessions, strategy meetings of public employers or employee organizations, mediation and the deliberative process of arbitration;
  2. to discuss strategy in matters relating to employment conditions of employees not covered by the collective bargaining law;
  3. to conduct a private hearing relating to the recommended termination of a teacher's contract.  The private hearing however, in the teacher's contract termination will be recorded verbatim by a court reporter; and
  4. to conduct a private hearing relating to the termination of a probationary administrator's contract or to review the proposed decision of the administrative law judge regarding the termination of an administrator's contract.

  

NOTE:  Meetings exempt from the Open Meetings law are separate, standalone meetings of the board.  For this reason, exempt meetings should never take place within an open meeting.  Exempt meetings may be placed before or after an open meeting.  But once an open meeting has convened, it should be adjourned prior to holding an exempt meeting.  While there is no legal requirement to provide notice or keep minutes for exempt meetings; there may be intrinsic benefit for the community to understand that the board is communicating in a transparent fashion.  For this reason, boards may choose to provide a notice that they intend to gather for an exempt meeting.

 

Legal Reference:

Iowa Code §§ 20.172122.7279.15.16.

Cross Reference:

208 Ad Hoc Committees

211 Open Meetings

212  Closed Sessions

Adopted 12/15/21       Reviewed 1/24/24                                    Revised                   

ahaack@e-hawks.org Tue, 11/30/2021 - 14:54

213 PUBLIC PARTICIPATION IN BOARD MEETINGS

213 PUBLIC PARTICIPATION IN BOARD MEETINGS

The board recognizes the importance of citizen participation in school district matters.  In order to assure citizens are heard and board meetings are conducted efficiently and in an organized manner, the board shall set aside a specific time for public comment.

Citizens wishing to address the board during public comment must notify the board secretary prior to the board meeting. The board president will recognize these individuals to make their comments at the appropriate time during the public comment. Citizens wishing to present petitions to the board may also do so at this time.  The board however, will only receive the petitions and not act upon them or their contents.

The board has the discretion to limit the amount of time set aside for public participation. Normally, speakers will be limited to 3 minutes with a total allotted time for public participation of 20 minutes. However, the board president may modify this time limit, if deemed appropriate or necessary. Public comment is a time set aside for community input, but the board will not discuss or take any action on any matter during the public comment.

A public comment shall be limited to regular board meetings and will not be routinely held during special board meetings.

The board has a significant interest in maintaining the decorum of its meetings and it is expected that members of the public and the board will address each other with civility. The orderly process of the board meeting will not be interfered with or disrupted by public comment. Only individuals recognized by the board president will be allowed to speak. Comments by others are out of order. If disruptive, the individual causing disruption may be asked to leave the board meeting. Defamatory comments may be subject to legal action.

 

NOTE: Members of the public do not have a legal right to participate in board meetings. Boards need to make the determination of how best, if at all, to involve the public in their board meetings. Boards that follow other practices for allowing the public to participate in board meetings should amend this policy to reflect their practice.

 

Legal Reference:    Iowa Code §§ 21; 22; 279.8

Cross Reference:    205    Board Member Liability

    210.8    Board Meeting Agenda

    214    Public Hearings

    307     Communication Channels

    402.5    Public Complaints About Employees

Approved     11/20/00            Reviewed      1/24/24             Revised   11/15/2021          

Jen@iowaschool… Sat, 07/13/2019 - 16:03

213.1R1 GENERAL COMPLAINTS BY CITIZENS

213.1R1 GENERAL COMPLAINTS BY CITIZENS

Rescinded 9/15/21

Approved    2/13/78           Reviewed    9/15/21            Revised    11/20/00               

Jen@iowaschool… Sat, 07/13/2019 - 16:03

Policy 213.1 PUBLIC COMPLAINTS

Policy 213.1 PUBLIC COMPLAINTS

Policy 213.1 PUBLIC COMPLAINTS

The board recognizes situations may arise in the operation of the school district which are not of concern to parents and other members of the school district community. The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern. Whenever a complaint of concern is brought to the attention of the board it will be referred to the Chain of Command protocols.

 Prior to board action however, the following should be completed:

  1. Matters should first be addressed to the teacher or employee.

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

  3. Unsettled matters from (b) above or problems and questions concerning the school district should be directed to the superintendent.

  4. If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board for consideration.  To bring a concern, the individual shall notify the board president or board secretary in writing, who may bring it to the attention of the entire board.

 

  

Approved 9/15/21       Reviewed                     Revised   1/24/24              

ahaack@e-hawks.org Mon, 08/23/2021 - 12:32

214 PUBLIC HEARINGS

214 PUBLIC HEARINGS

Public hearings may be held on school district matters at the discretion of the board.  Public notice of a public hearing shall be in the same manner as for a board meeting except that the notice shall be given at least ten days before the hearing is to be held unless it is impossible or impractical to do so.

At public hearings, citizens of the district who register at the door will be allowed to speak on the issue for which the public hearing is being held.  Others may be allowed to speak at the board's discretion. Speakers are asked to keep their remarks as brief as possible. Prior to the beginning of the hearing, speakers and spectators will be apprised of the rules of order to be followed regarding time limitations, questions, remarks and rebuttals.  In no event will a speaker be allowed to take the time of another speaker.

The board shall conduct public hearings in an orderly fashion.  At the beginning of the hearing, statements, background materials and public hearing rules and procedures will be presented by the board president.  The board president will recognize the speakers. A board member may ask questions of the speakers after receiving permission from the board president.  Only those speakers recognized by the chair will be allowed to speak. Comments by others are out of order. Individuals who interfere with or interrupt speakers, the board or the proceedings shall be asked to leave.

Legal Reference:    Iowa Code §§ 24.9; 279.8, .10; 297.22 (2013).

Cross Reference:    210    Board of Directors' Meetings

    213    Public Participation in Board Meetings

    703.1    Budget Planning

Approved    11/20/00           Reviewed         1/24/24          Revised                   

Jen@iowaschool… Sat, 07/13/2019 - 16:05

215 BOARD OF DIRECTORS' RECORDS

215 BOARD OF DIRECTORS' RECORDS

The board shall keep and maintain permanent records of the board including, but not limited to, records of the minutes of board meetings and other required records of the board.

It shall be the responsibility of the board secretary to keep the minutes of the board meetings.  The minutes of each board meeting shall include as a minimum the following items: a record of the date, time, place, members present, action taken and the vote of each member, and the schedule of bills allowed shall be attached.  This information shall be available within two weeks of the board meeting and forwarded to the newspaper designated as the official newspaper for publication. The information does not need to be published within two weeks. The schedule of bills allowed may be published on a once monthly basis in lieu of publication with the minutes.  The permanent records of the board minutes may include more detail than is required for the publication of the minutes.

Minutes waiting approval at the next board meeting will be available for inspection at the central administration office after the board secretary transcribes the notes into typewritten material which has been proofread for errors and retyped.

Legal Reference:    Iowa Code §§ 21; 22; 279.8, .35, .36; 291.6, .7; 618.3 (2013).

            281 I.A.C. 12.3(1).

            1982 Op. Att'y Gen. 215.

            1974 Op. Att'y Gen. 403.

            1952 Op. Att'y Gen. 133.

Cross Reference:    206.3    Secretary

            206.4    Treasurer

            208    Ad Hoc Committees

            210.8    Board Meeting Agenda

              708    Care, Maintenance and Disposal of School District Records

              901    Public Examination of School District Records

Approved   11/20/00            Reviewed       1/24/24          Revised                   

Jen@iowaschool… Sat, 07/13/2019 - 16:05

215.1E1 BOARD MEETING MINUTES

215.1E1 BOARD MEETING MINUTES

Since the official minutes of the board are the only basic legal record, it is important that they be recorded with extreme care and completeness.  The board secretary shall follow the following guidelines in writing board minutes:

With respect to format, the following is offered as a guideline:

    1.    The minutes should be typewritten on single sheets of durable white paper.

    2.    Pages should be numbered.

    3.    Each item of business should have a brief topical heading in the right margin and motions should be             numbered consecutively and annotated.

    4.    An index should be prepared for each year.

    5.    All minutes should be signed by the proper officers of the board.

    6.    A duplicate set of minutes should be kept.

    7.    The original minutes-book should be secured in a fire-proof safe, vault or file in the central                             administration office.

    8.    The duplicate set should be kept in a designated place in the central administration office or be                     otherwise readily available for inspection following approval by the board.

 

With respect to content, the minutes should show the following:

    1.    The place, date, and time of each meeting.

    2.    The type of meeting--regular, special, emergency, work session.

    3.    Members present and members absent, by name.

    4.    The call to order and adjournment.

    5.    The departure of members by name before adjournment.

    6.    The late arrival of members, by name.

    7.    The time and place of the next meeting.

    8.    Approval, or amendment and approval, of the minutes of the preceding meeting.

    9.   Complete information as to each subject of the board's deliberation and the action taken.

10.     The maker and seconder of the motion, what action was taken, and the vote on the motion detailed              enough to attribute a vote to each member present.

11.     Complete text of all board resolutions, numbered consecutively for each fiscal year.

12.    A record of all contracts entered into, with the contract documents kept in a separate file.

13.    A record of all change orders on construction contracts.

14.    All employment changes, including resignations or terminations.

15.    A record, by number, of the bills of account approved by the board for payment.

16.    A record of all calls for bids, bids received, and action taken thereon.

17.    Approval of all transfers of funds from one budgetary fund to another.

18.    Important documents forming a part of a motion should be made a part of the minutes by exhibit and             placed in the minute book along with the minutes.

19.    Board policy and administrative guides should be made a part of the minutes by exhibit.

20.    Adoption of the school calendar should become a part of the minutes.

21.    A record of all delegations appearing before the board and a record of all petitions.

22.    At the annual meeting in July/August each year the record should indicate that the books of the                     treasurer and secretary and the Certified Annual Report have been examined and approved subject             to audit.

23.   The election or appointment of board officers.

24.    The appointment of auditors to examine the books.

 

At the organizational meeting, the minutes should reflect the following:

  1. Appointment of a temporary chairperson if not specified in policy.

  2. Oath of office administered to newly elected board members.

  3. Nominations taken for the office of president and vice-president.

  4. Election of the president and vice-president, the votes and the oath of office administered to the president and vice-president.

  5. The resolution to pay bills when the board is not in session.

  6. A resolution naming depositories along with the maximum deposit for each depository.

  7. A resolution authorizing the use of the current system for checks that print the Board President's signature as the proper control. Bills will be processed with the Board President's signature stamp as the proper control.

 

Approved   10/26/70            Reviewed    1/24/24            Revised      9/18/19             

 

Jen@iowaschool… Sat, 07/13/2019 - 16:06

216 BOARD OF DIRECTORS' MEMBER SERVICES

216 BOARD OF DIRECTORS' MEMBER SERVICES Jen@iowaschool… Sat, 07/13/2019 - 16:07

216.1 ASSOCIATION MEMBERSHIP

216.1 ASSOCIATION MEMBERSHIP

Participation in board member associations are beneficial to the board.  The board shall maintain an active membership in the Iowa Association of School Boards and in organizations the board determines will be of benefit to the board and the school district.

 

Legal Reference:    Iowa Code § 279.38 (2013).

Cross Reference:    216.2    Board of Directors' Member Development and Training

Approved    10/20/70           Reviewed   1/24/24                    Revised     11/20/00     

      

Jen@iowaschool… Sat, 07/13/2019 - 16:07

216.2 BOARD OF DIRECTORS' MEMBER DEVELOPMENT AND TRAINING

216.2 BOARD OF DIRECTORS' MEMBER DEVELOPMENT AND TRAINING

High achieving school boards work as a team to create high expectations for all students.  Board learning is foundational to creating this solid governance structure focused on student learning for school boards. The board may participate in conferences sponsored by educational associations and agencies in addition to its own in-service programs and work sessions.

The board shall work closely with the Iowa Association of School Boards and encourage the board members to participate in qualifying learning opportunities to achieve the Annual Board Award.

Legal Reference: Iowa Code §§ 279.8, .38 (2013).

Cross Reference: 216.1 Association Membership

Approved    11/20/00         Reviewed    1/24/24               Revised                   1-15-20

Jen@iowaschool… Sat, 07/13/2019 - 16:10

216.3 BOARD OF DIRECTORS' MEMBER COMPENSATION AND EXPENSES

216.3 BOARD OF DIRECTORS' MEMBER COMPENSATION AND EXPENSES

As an elected public official, the board member is a public servant who serves without compensation.  Board members shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties.

Prior to reimbursement of actual and necessary expenses, the board member must submit a detailed receipt indicating the date, purpose and nature of the expense for each claim item.  A credit card receipt is generally not considered a detailed receipt. Failure to provide a detailed receipt shall make the expense non-reimbursable. Personal expenses shall be reimbursed by the board member to the school district no later than ten working days following the date of the expense.  In exceptional circumstances, the board may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances shall be maintained as part of the school district's record of the claim.

Travel outside of the school district must be pre-approved.  Pre-approved expenses for transportation within three-hundred miles of the central administration office of the school district will be by automobile.  If a school district vehicle is not available, the board member will be reimbursed the current DMV mileage rate per mile.  Pre-approved expenses for transportation outside of three-hundred miles will be by public carrier.  Reimbursement for air travel will be at the tourist class fares.  Should a board member choose to travel by automobile, reimbursement will be limited to the public carrier amount.  Pre-approved expenses for transportation in a rental car is limited to the cost of a Class "C" rental car at a medium priced agency unless the number of board members traveling on behalf of the school district warrant a larger vehicle.  Travel inside the school district in the board member's personal vehicle will not be reimbursed.

 

Pre-approved expenses for lodging within the state is limited to $150/night.  Pre-approved expenses for lodging outside the state is limited to the rate of a medium priced hotel in the area.  Lodging may be pre-approved for a larger amount if special circumstances require the board member to stay at a particular hotel.

Pre-approved expenses for meals within the state are limited to $10 for breakfast, $20 for lunch and $30 for dinner.  Pre-approved expenses for meals outside the state are limited to $10 for breakfast, $20 for lunch and $30 for dinner.  Meals may be pre-approved for a larger amount at the discretion of the board.

 

It shall be the responsibility of the board secretary to compile the expenses of board members and bring them to the board for audit and approval in the same manner as other claims of the school district.  It shall be the responsibility of the board to determine through the audit and approval process of the board, whether the expenses incurred by a board member are actual and necessary expenses incurred in the performance of their official duties.

Legal Reference: Iowa Code §§ 68B; 277.27; 279.7A, .8, .32 (2013).

Cross Reference: 203 Board of Directors' Conflict of Interest

401.7 Employee Travel Compensation

401.10 Credit Cards

Legal Reference:    Iowa Code §§ 68B; 277.27; 279.7A, .8, .32 (2013).

Cross Reference:    203    Board of Directors' Conflict of Interest

    401.7    Employee Travel Compensation

    401.10    Credit Cards

Approved    10/26/70           Reviewed    1/24/24           Revised     03/21/11              

 

Jen@iowaschool… Sat, 07/13/2019 - 16:11

217 GIFTS TO BOARD OF DIRECTORS

217 GIFTS TO BOARD OF DIRECTORS

Board members may receive a gift on behalf of the school district.  Board members shall not, either directly or indirectly, solicit, accept or receive a gift, series of gifts or an honorarium unless the donor does not meet the definition of "restricted donor" stated below or the gift or honorarium does not meet the definition of gift or honorarium stated below.

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

  • Is seeking to be or is a party to any one or any combination of sales, purchases, leases or contracts to, from or with the school district;
  • Will be directly and substantially affected financially by the performance or nonperformance of the board member's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or
  • Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.

A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received.  However, "gift" does not include any of the following:

  • Contributions to a candidate or a candidate's committee;
  • Information material relevant to a board member's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;
  • Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
  • An inheritance;
  • Anything available or distributed to the general public free of charge without regard to the official status of the board recipient;
  • Items received from a charitable, professional, educational or business organization to which the board member belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;
  • Actual expenses of a board member for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the board member has participation or presentation responsibilities;
  • Plaques or items of negligible resale value given as recognition for public service;
  • Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;
  • Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;
  • Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
  • Funeral flowers or memorials to a church or nonprofit organization; 
  • Gifts which are given to a public official for the public official's wedding or twenty-fifth or fiftieth wedding anniversary;
  • Payment of salary or expenses by a board member's employer or the firm in which the board member is a member for the cost of attending a meeting of a subunit of an agency when the board member whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the board member is not entitled to receive compensation or reimbursement of expenses from the school district;
  • Gifts other than food, beverages, travel and lodging received by a board member which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the board member; or
  • Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions.  The costs of food, drink, lodging and travel are not "registration costs" under this paragraph. Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.

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

  • Actual expenses of a board member for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the board member has participation or presentation responsibilities;
  • A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the department of general services; or
  • A payment made to a board member for services rendered as part of a private business, trade or profession in which the board member is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as a board member but, rather, because of some special expertise or other qualification.

It shall be the responsibility of each board member to know when it is appropriate to accept or reject gifts or honorariums.

 

Legal References:    Iowa Code ch. 68B (2013).

    1972 Op. Att'y Gen. 276.

    1970 Op. Att'y Gen. 319.

Cross References:    203    Board of Directors' Conflict of Interest

    402.4    Gifts to Employees

    704.4    Gifts - Grants - Bequests

Approved     1/17/94           Reviewed    1/24/24           Revised    11/20/00         

               

 

Jen@iowaschool… Sat, 07/13/2019 - 16:11

300 ROLE OF SCHOOL DISTRICT ADMINISTRATION

300 ROLE OF SCHOOL DISTRICT ADMINISTRATION

In this series of the board policy manual, the board defines the role and the employment of school district administrators.  Policies in the 400 Series, "Employees," also apply to administrators unless a more specific policy exists in the 300 Series, "Administration."

School district administrators have been given a great opportunity and responsibility to manage the school district, to provide educational leadership, and to implement the educational philosophy of the school district.  They are responsible for the day-to-day operations of the school district. In carrying out these operations, the administrators are guided by board policies, the law, the needs of the students, and the wishes of the citizens in the school district community.

It shall be the responsibility of the administrators to implement and enforce the policies of the board, to oversee employees, to monitor educational issues confronting the school district, and to inform the board about school district operations.

While the board holds the superintendent ultimately responsible for these duties, the principals are more directly responsible for educational results, for the administration of the school facilities and for the employees.

The board and the administration shall work together to share information and decisions under the management team concept.

 

Approved    11/23/70           Reviewed   10/16/19             Revised    9/15/14      

     

admin@iowascho… Wed, 11/28/2012 - 16:38

301 ADMINISTRATIVE STRUCTURE

301 ADMINISTRATIVE STRUCTURE Jen@iowaschool… Sun, 07/14/2019 - 14:04

301.1 MANAGEMENT

301.1 MANAGEMENT

The board and the administrators shall work together in making decisions and setting goals for the school district.  This effort is designed to obtain, share, and use information to solve problems, make decisions, and formulate school district policies and regulations.

it shall be the responsibility of each administrator to fully participate in the management of the school district by investigating, analyzing, and expressing their views on issues.  Those board members or administrators with special expertise or knowledge of an issue may be called upon to provide information. Each board member and administrator shall support the decisions reached on the issues confronting the school district.

The board shall be responsible for making the final decision in matters pertaining to the school district.

It shall be the responsibility of the superintendent to develop guidelines for cooperative decision-making.

 

Legal Reference:    Iowa Code § 279.8 (2013).

Cross Reference:    301    Administrative Structure

Approved   2/13/78            Reviewed    10/16/19            Revised    9/15/14      

       

Jen@iowaschool… Sun, 07/14/2019 - 14:06

302 SUPERINTENDENT

302 SUPERINTENDENT Jen@iowaschool… Sun, 07/14/2019 - 14:04

302.1 SUPERINTENDENT OF SCHOOLS QUALIFICATIONS

302.1 SUPERINTENDENT OF SCHOOLS QUALIFICATIONS

Policy 302.1 SUPERINTENDENT QUALIFICATIONS, RECRUITMENT, APPOINTMENT

The board will employ a superintendent to serve as the chief executive officer of the board, to conduct the daily operations of the school district, and to implement board policy with the power and duties prescribed by the board and the law.

The board will consider applicants that meet or exceed the standards set by the Iowa Department of Education and the qualifications established in the job description for the superintendent position. In employing a superintendent, the board will consider the qualifications, credentials and records of the applicants without regard to race, color, creed, religion, sex, national origin, age, sexual orientation, gender identity or disability. In keeping with the law, however, the board will consider the veteran status of the applicants. The board will look closely at the training, experience, skill and demonstrated competence of qualified applicants in making its final decision.

In choosing a superintendent, the board will also consider the school district's educational philosophy, financial situation, organizational structure, education programs, and other factors deemed relevant by the board.

The board may contract for assistance in the search for a superintendent.

  

Note: For more detailed discussion of this issue, see IASB's Policy Primer, Vol. 19 #10 - June 8, 2007.

Legal Reference:

29 U.S.C. §§ 621-634 (2012).

42 U.S.C. §§ 2000e et seq. (2012).

Iowa Code §§ 21.5(1)(i); 35C216279.8.20 (2013).

281 I.A.C. 12.4(4).

1980 Op. Att'y Gen. 367.

Cross Reference:

200.2 Powers of the Board of Directors

200.3 Responsibilities of the Board of Directors

301 Administrative Structure

302 Superintendent

   

Approved: 11/23/70

Reviewed: 10/16/19

Revised: 10/16/19

Jen@iowaschool… Sun, 07/14/2019 - 14:07

302.2 SUPERINTENDENT CONTRACT AND CONTRACT NONRENEWAL

302.2 SUPERINTENDENT CONTRACT AND CONTRACT NONRENEWAL

The length of the contract for employment between the superintendent and the board is determined by the board.  The contract will begin on July 1 and end on June 30. The contract shall state the terms of employment and shall not exceed three years.

The first three consecutive years of a contract issued to a newly employed superintendent is considered a probationary period. The probationary period may be extended for an additional year upon the consent of the superintendent.  In the event of termination of a probationary or non-probationary contract, the board will afford the superintendent appropriate due process, as required by law. The superintendent and board may mutually agree to terminate the superintendent's contract at any time.

It is the responsibility of the board to provide the contract for the position of superintendent. The board may issue a temporary and nonrenewable contract in accordance with the law.

If the superintendent wishes to resign, to be released from a contract, or to retire, the superintendent must comply with applicable law and board policies. 

 

Note: May 15 is the date established by Iowa law for notice of board action to consider termination of an administrator’s contract. The board may select an earlier day, but may not select a later date.

Legal Reference:    Martin v. Waterloo Community School District, 518 N. W. 2d 381 (Iowa 1994)

Cook v Plainfield Community School District, 301 N.W.2d 771 (Iowa App. 1980).

    Board of Education of Fort Madison Community School District v. Youel, 282 N.W.2d 677 (Iowa 1979).

    Briggs v Board of Directors of Hinton Community School District, 282 N.W.2d 740 (Iowa 1979).

    Luse v. Waco Community School District of Henry Co., 258 Iowa 1087, 141 N.W.2d 607 (1966).

    Iowa Code §279.20

    281 I.A.C. 12.4

Cross Reference:    302    Superintendent

Approved   2/13/78            Reviewed    10/16/19            Revised    8/16/17       

Jen@iowaschool… Sun, 07/14/2019 - 14:08

302.3 SUPERINTENDENT SALARY AND OTHER COMPENSATION

302.3 SUPERINTENDENT SALARY AND OTHER COMPENSATION

The board has complete discretion to set the salary of the superintendent.  It shall be the responsibility of the board to set the salary and benefits of the superintendent at a level that will include consideration of, but not be limited to, the economic condition of the school district and the training, experience, skill, and demonstrated competence of the superintendent.  The salary shall be set at the beginning of each contract term.

In addition to the salary and benefits, the superintendent's actual and necessary expenses shall be paid by the school district when the superintendent is performing work-related duties.  It shall be within the discretion of the board to pay dues to professional organizations for the superintendent.

The board may approve the payment of dues and other benefits or compensation over and above the superintendent's contract.  Approval of dues and other benefits or compensation shall be included in the records of the board in accordance with board policy.

 

Legal Reference:    Iowa Code §§ 279.8, .20 (2013).

    1984 Op. Att'y Gen. 47.

Cross Reference:    302    Superintendent

Approved     11/20/00          Reviewed   10/16/19             Revised                   

Jen@iowaschool… Sun, 07/14/2019 - 14:09

302.4 SUPERINTENDENT DUTIES

302.4 SUPERINTENDENT DUTIES

The board employs a superintendent of schools to serve as the chief executive officer of the board.  The board delegates to the superintendent the authority to implement board policy and to execute decisions made by the board concerning the internal operations of the school district, unless specifically stated otherwise.

The superintendent shall be responsible for the implementation and execution of board policy and the observance of board policy by employees and students.  The superintendent shall be responsible for overall supervision and discipline of employees and the education program.

In executing the above-stated duties, the superintendent shall consider the financial situation of the school district as well as the needs of the students.  Specifically the superintendent:

  •     Interprets and implements all board policies and all state and federal laws relevant to education;
  •     Supervises, either directly or through delegation, all activities of the school system according to, and consistent with, the policies of the board;
  •     Represents the board as a liaison between the school district and the community;
  •     Establishes and maintains a program of public relations to keep the public well-informed of the activities and needs of the school district, effecting a wholesome and cooperative working relationship between the school district and the community;
  •     Attends and participates in all meetings of the board, except when the superintendent's employment or salary is under consideration when the superintendent has been excused, and makes recommendations affecting the school district;
  •     Reports to the board on such matters as deemed material to the understanding and proper management of the school district or as the board may request;
  •     Assumes responsibility for the overall financial planning of the district and for the preparation of the annual budget, and submits it to the board for review and approval;
  •     Establishes and maintains efficient procedures and effective controls for all expenditures of school district funds in accordance with the adopted budget, subject to the direction and approval of the board;
  •     Files, or causes to be filed, all reports required by law;
  •     Makes recommendations to the board for the selection of employees for the school district;
  •     Makes and records assignments and transfers of all employees pursuant to their qualifications;
  •     Employs such employees as may be necessary, within the limits of budgetary provisions and subject to the board's approval;
  •     Recommends to the board, for final action, the promotion, salary change, demotion, or dismissal of any employee;
  •     Prescribes rules for the classification and advancement of students, and for the transfer of students from one building to another in accordance with board policies;
  •     Summons employees of the school district to attend such regular and occasional meetings as are necessary to carry out the education program of the school district;
  • Supervises methods of teaching, supervision, and administration in effect in the schools;
  •     Attends such conventions and conferences as are necessary to keep informed of the latest educational trends;
  •     Accepts responsibility for the general efficiency of the school system, for the development of the employees, and for the educational growth and welfare of the students;
  •     Defines educational needs and formulates policies and plans for recommendation to the board;
  •     Makes administrative decisions necessary for the proper functioning of the school district;
  •     Responsible for scheduling the use of buildings and grounds by all groups and/or organizations;
  •     Acts as the purchasing agent for the board, and establishes procedures for the purchase of books, materials and supplies;
  •     Approves vacation schedules for employees;
  •     Conducts periodic district administration meetings; and,
  •     Performs other duties as may be assigned by the board.
  •     Supervises the establishment or modification of the boundaries of school attendance and transportation areas subject to approval of the board.
  •     Directs studies of buildings and sites, taking into consideration population trends and the educational and cultural needs of the district in order to ensure timely decisions by the board and the electorate regarding construction and renovation projects.

This list of duties shall not act to limit the board's authority and responsibility over the superintendent.  In executing these duties and others the board may delegate, the superintendent shall consider the school district's financial condition as well as the needs of the students in the school district.

 

Legal Reference:    Iowa Code §§ 279.8, .20, 23A (2013).

    281 I.A.C. 12.4(4).

Cross Reference:    209    Board of Directors' Management Procedures

    301    Administrative Structure

    302    Superintendent

Approved   2/13/78            Reviewed    10/16/19            Revised    9/15/14       

       

Jen@iowaschool… Sun, 07/14/2019 - 14:09

302.5 SUPERINTENDENT EVALUATION

302.5 SUPERINTENDENT EVALUATION

Policy 302.5 SUPERINTENDENT EVALUATION

The board will conduct an ongoing evaluation of the superintendent's skills, abilities, and competence.  At a minimum, the board will formally evaluate the superintendent on an annual basis.  The goal of the superintendent's formal evaluation is to ensure the education program for the students is carried out, promote growth in effective administrative leadership, clarify the superintendent's role, clarify the immediate priorities of the board, and develop a working relationship between the board and the superintendent. This policy supports and does not preclude the ongoing, informal evaluation of the superintendent's skills, abilities and competence.

The superintendent will be an educational leader who promotes the success of all students by:

  • Mission, Vision and Core Values:  Develop, advocate and enact a shared mission, vision, and core values of high-quality education and academic success and well-being of each student.
  • Ethics and Professional Norms:  Act ethically and according to professional norms to promote each student’s academic success and well-being.
  • Equity and Cultural Responsiveness:  Strive for equity of educational opportunity and culturally responsive practices to promote each student’s academic success and well-being.
  • Curriculum, Instruction and Assessment:  Develop and support intellectually rigorous and coherent systems of curriculum, instruction and assessment to promote each student’s academic success and well-being.
  • Community Care and Support for Students:  Cultivate an inclusive, caring and supportive school community that promotes the academic success and well-being of each student.
  • Professional Capacity of School Personnel:  Develop the professional capacity and practice of school personnel to promote each student’s academic success and well-being.
  • Professional Community for Teachers and Staff:  Foster a professional community of teachers and professional staff to promote each student’s academic success and well-being. 
  • Meaningful Engagement of Families and Community:  Engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student’s academic success and well-being.
  • Operations and Management:  Manage school operations and resources to promote each student’s academic success and well-being.
  • School Improvement:  Act as an agent of continuous improvement to promote each student’s academic success and well-being.

The formal evaluation will be based upon the following principles:

  • The evaluation criteria will be in writing, clearly stated and mutually agreed upon by the board and the superintendent.  The criteria will be related to the job description, the Iowa Standards for School Leaders,  the school district's goals, and the goals of the administrator’s individual professional development plan.
  • At a minimum, the evaluation process will be conducted annually at a time agreed upon;
  • Each board member will have an opportunity to individually evaluate the superintendent, and these individual evaluations will be compiled into an overall evaluation from the entire board;
  • The superintendent will conduct a self-evaluation prior to discussing the board's evaluation, and the board as a whole will discuss its evaluation with the superintendent;
  • The board may discuss its evaluation of the superintendent in closed session upon a request from the superintendent and if the board determines its discussion in open session will needlessly and irreparably injure the superintendent's reputation; and,
  • The individual evaluation by each board member, if individual board members so desire, will not be reviewed by the superintendent.  Board members are encouraged, however, to communicate their criticisms and concerns to the superintendent in the closed session.  The board president will develop a written summary of the individual evaluations, including both the strengths and the weaknesses of the superintendent, and place it in the superintendent's personnel file to be incorporated into the next cycle of evaluations.

 

NOTE:  The Iowa Board of Education previously adopted the new Iowa Standards for School Leaders which will take effect on July 1, 2021.  Districts are required to use these new standards in conducting evaluations of school administrators.

   

Legal Reference:

Wedergren v. Board of Directors, 307 N.W.2d 12 (Iowa 1981).

Iowa Code §§ 279.8.20.23.23A.

281 I.A.C. Ch. 8312.3(4).

Cross Reference:

212 Closed Sessions

302 Superintendent

   

Approved: 6/19/89

Reviewed: 10/16/19

Revised: 11/15/2021

     
Jen@iowaschool… Sun, 07/14/2019 - 14:11

302.6 SUPERINTENDENT PROFESSIONAL DEVELOPMENT

302.6 SUPERINTENDENT PROFESSIONAL DEVELOPMENT

The board encourages the superintendent to continue professional growth by being involved in professional organizations, attending conferences, continuing education, and participating in other professional activities.

It shall be the responsibility of the superintendent to arrange the superintendent's schedule in order to enable attendance at various conferences and events.  If a conference or event requires the superintendent to be absent from the office for more than three days, requires overnight travel, or involves unusual expense, the superintendent shall bring it to the attention of the board president prior to attending the event.

The superintendent shall report to the board after an event.

 

Legal Reference:    Iowa Code § 279.8 (2013).

    281 I.A.C. 12.7.

Cross Reference:    303.7    Administrator Professional Development

    401.7    Employee Travel Compensation

Approved   1/17/93          Reviewed    10/16/19            Revised    11/20/00       

 

Jen@iowaschool… Sun, 07/14/2019 - 14:11

302.7 SUPERINTENDENT CIVIC ACTIVITIES

302.7 SUPERINTENDENT CIVIC ACTIVITIES

The board encourages the superintendent to be involved in the school district community by belonging to school district community organizations and attending and participating in school district community activities.

It shall be the responsibility of the superintendent to become involved in school district community activities and events.  The board may include a lump sum amount as part of the superintendent's compensation to be used specifically for paying the annual fees of the superintendent for school district community activities and events if, in the board's judgment, the superintendent's participation will further the public purpose of promoting and deriving support for the school district and public education in general.  It shall be within the discretion of the board to pay annual fees for professional organizations and activities.

 

Legal Reference:    Iowa Code § 279.8 (2013).

    1990 Op. Att'y Gen. 79.

Cross Reference:    302.3    Superintendent Salary and Other Compensation

    303.8    Administrator Civic Activities

Approved    11/20/00          Reviewed   10/16/19           Revised                   

Jen@iowaschool… Sun, 07/14/2019 - 14:12

302.8 SUPERINTENDENT CONSULTING/OUTSIDE EMPLOYMENT

302.8 SUPERINTENDENT CONSULTING/OUTSIDE EMPLOYMENT

The school board has complete discretion to set the level of employment for the superintendent's position i.e. full-time or part-time employment.  The board expects the superintendent to give the responsibilities of the position precedence over other employment. The superintendent may accept consulting or outside employment for pay as long as, in the judgment of the board, the work is conducted on the superintendent's personal time and it does not interfere with the performance of the superintendent's duties.

The board reserves the right, however, to request that the superintendent cease the outside employment as a condition of continued employment.  The board shall give the superintendent thirty days notice to cease outside employment.

 

Legal Reference:    Iowa Code §§ 279.8, .20 (2013).

Cross Reference:    302.2    Superintendent Contract and Contract Nonrenewal

    302.4    Superintendent Duties

Approved    11/20/00           Reviewed   10/16/19             Revised   9/15/14    

Jen@iowaschool… Sun, 07/14/2019 - 14:13

303 ADMINISTRATIVE EMPLOYEES

303 ADMINISTRATIVE EMPLOYEES Jen@iowaschool… Sun, 07/14/2019 - 14:05

303.1 ADMINISTRATIVE POSITIONS

303.1 ADMINISTRATIVE POSITIONS

The district shall have, in addition to the superintendent, other administrative positions: 5-12 Principal, 5-12 Asst. Principal, PS-4 Elementary Principal, and the School Business Official (SBO). These administrators shall work closely with the day to day operations of the school district. 

It shall be the responsibility of these administrators to uphold board policy, to instill a positive, cooperative environment with employees, and to share their expertise with each other and the board under the management team concept.

 

Legal Reference:    Iowa Code §§ 279.8, .20, .21, .23-.24 (2013).

                               281 I.A.C. 12.4.

Cross Reference:    301    Administrative Structure

                                303    Administrative Employees

 

Approved     11/20/00          Reviewed  11/18/2019           Revised 3/20/24             

Jen@iowaschool… Sun, 07/14/2019 - 14:13

303.2 ADMINISTRATOR QUALIFICATIONS, RECRUITMENT, APPOINTMENT

303.2 ADMINISTRATOR QUALIFICATIONS, RECRUITMENT, APPOINTMENT

The board will employ building principals and other administrators, in addition to the superintendent, to assist in the daily operations of the school district.

The board will consider applicants who meet or exceed the standards set by the Iowa Department of Education and the qualifications established in the job description for the position.  In employing an administrator, the board will consider the qualifications, credentials and records of the applicants without regard to race, color, religion, sex, national origin, creed, sexual orientation, gender identity, age, or disability.  In keeping with the law, however, the board will consider the veteran status of the applicants. The board will look closely at the training, experience, skill and demonstrated competence of qualified applicants in making its final decision.

In choosing an administrator, the board will also consider the school district's educational philosophy, financial condition, organizational structure, education programs, and other factors deemed relevant by the board.

It will be the responsibility of the superintendent to make a recommendation to the board for filling an administrative position, based on the requirements stated in this policy. The superintendent shall advertise simultaneously internally and externally for qualified applicants. The board shall act only on the superintendent's recommendation.

The board may contract for assistance in the search for administrators.

Legal Reference:    Iowa Code §§ 279.8, .21 (2013).

                               281 I.A.C. 12.4.

                               1980 Op. Att'y Gen. 367.

Cross Reference:    303    Administrative Employees

Approved    11/20/00           Reviewed   11/18/2019           Revised   3/20/24               

Jen@iowaschool… Sun, 07/14/2019 - 14:17

303.3 ADMINISTRATOR CONTRACT AND CONTRACT NONRENEWAL

303.3 ADMINISTRATOR CONTRACT AND CONTRACT NONRENEWAL

The length of the contract for employment between an administrator and the board will be determined by the board and stated in the contract.  The contract will also state the terms of the employment.

The first three consecutive years of a contract issued to a newly employed administrator will be considered a probationary period. The probationary period may be extended for an additional year upon the consent of the administrator.  In the event of termination of a probationary or non-probationary contract, the board will afford the administrator appropriate due process, as required by law. The administrator and board may mutually agree to terminate the administrator's contract.

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

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

Note: May 15 is the date established by Iowa law for notice of board action to consider termination of an administrator’s contract. The board may select an earlier day, but may not select a later date. 

 

Legal Reference:    Martin v. Waterloo Community School District, 518 N. W. 2d 381 (Iowa 1994)

                               Cook v Plainfield Community School District, 301 N.W.2d 771 (Iowa App. 1980).

                               Board of Education of Fort Madison Community School District v Youel, 282 N.W.2d 677                                 (Iowa 1979).

                               Briggs v Board of Education of Hinton Community School District, 282 N.W.2d 740                                         (Iowa 1979).

                               Iowa Code § 279

                               281 I.A.C. 12.4

Cross Reference:    303    Administrative Employees

 

Approved   1/17/93            Reviewed    11/18/2019            Revised 3/20/24   

Jen@iowaschool… Sun, 07/14/2019 - 14:18

303.4 ADMINISTRATOR SALARY AND OTHER COMPENSATION

303.4 ADMINISTRATOR SALARY AND OTHER COMPENSATION

The board has complete discretion to set the salary of the administrators.  It is the responsibility of the board to set the salary and benefits of the administrators at a level that will include consideration of, but not be limited to, the economic condition of the school district and the training, experience, skill, and demonstrated competence of the administrators.  The salary shall be set at the beginning of each contract period.

In addition to the salary and benefits agreed upon, the administrator's actual and necessary expenses will be paid by the school district when the administrator is performing work-related duties.  The board shall approve the payment of other benefits or compensation over and above the administrator's contract. Approval of other benefits or items of an administrator's compensation shall be included in the records of the board in accordance with board policy.

Legal Reference:    Iowa Code § 279.21 (2013).

                               1984 Op. Att'y Gen. 47.

Cross Reference:    303    Administrative Employees

 

Approved    11/20/00           Reviewed   11/18/2019          Revised 3/20/24               

 

Jen@iowaschool… Sun, 07/14/2019 - 14:18

303.5 ADMINISTRATOR DUTIES

303.5 ADMINISTRATOR DUTIES

Administrators will be hired by the board to assist the superintendent in the day-to-day operations of the school district.

Each attendance center shall have a designated principal responsible for the administration and operation of the attendance center.  Each designated principal, as chief administrator of the assigned attendance center, shall be responsible for the building and grounds, for the students and employees assigned to the attendance center, for school activities at the attendance center, for the education program offered in the attendance center, and the budget for the attendance center.  The principal is considered the professional advisor to the superintendent in matters pertaining to the attendance center supervised by the principal. Although the principals serve under the direction of the superintendent, duties of the principal may include, but not be limited to the following:

  •     Cooperate in the general organization and plan of procedure in the school under the principal's supervision;
  •     Supervision of the teachers in the principal's attendance center;
  •     Maintain the necessary records for carrying out delegated duties;
  •     Work with the superintendent in rating, recommending and selecting supervised employees whenever possible;
  •     Maintain a safe and orderly learning environment as it relates to board policy and applicable handbooks
  •     Work with the superintendent in determining the education program to be offered and in arranging the schedules.  As much of the schedule as possible should be made before school closes for summer vacation. In the matter of courses offered, the final approval rests with the superintendent who is in turn responsible to the board;
  •     Ensure that proper care is taken of all school books, supplies, materials, equipment, furniture and facilities;
  •     Instruct teachers to make a complete annual inventory of all school property contained in their individual rooms.  This inventory shall be reviewed and filed with the board secretary;
  •     Investigate excessive cases of absence or tardiness of students and notify the parents or guardians of unexcused absence or tardiness.  All such cases should be reported to the superintendent;
  •     Make such reports from time to time as the superintendent may require;
  •     Maintain the regular schedule of school hours established by the board and make no temporary changes in the schedule without the consent of the superintendent;
  •     Promptly notify the superintendent whenever ventilation, sanitation or heating of the building is unsatisfactory;
  •     Contribute to the formation and implementation of general policies and procedures of the school;
  •     Perform such other duties as may be assigned by the superintendent of schools.

This list of duties will not act to limit the board's authority and responsibility over the position of the administrators.  In executing these duties and others the board may delegate, the administrators shall consider the school district's financial condition as well as the needs of the students in the school district.

         

Legal Reference:     Iowa Code §§ 279.8, .21, .23A (2013).

                                281 I.A.C. 12.4(5), .4(6), .4(7).

Cross Reference:    301    Administrative Structure

                                303    Administrative Employees

 

Approved    11/20/00           Reviewed   11/18/2019           Revised 3/20/24      

Jen@iowaschool… Sun, 07/14/2019 - 14:19

303.6 ADMINISTRATOR EVALUATION

303.6 ADMINISTRATOR EVALUATION

Policy 303.6 ADMINISTRATOR EVALUATION

The superintendent will conduct an ongoing process of evaluating the administrators on their skills, abilities, and competence.  At a minimum, the superintendent will formally evaluate the administrators annually.  The goal of the formal evaluation process is to ensure that the educational program for the students is carried out, ensure student learning goals of the school district are met, promote growth in effective administrative leadership for the school district, clarify the administrator's role as defined by the board and the superintendent, assess administrator competence in the Iowa Standards for School leaders, ascertain areas in need of improvement, clarify the immediate priorities of the responsibilities listed in the job description, and develop a working relationship between the superintendent and the administrator. This policy supports and does not preclude the ongoing informal evaluation of the administrator's skills, abilities and competence.

The superintendent is responsible for designing an administrator evaluation instrument to assess, among other things, the administrator’s competence in meeting the Iowa Standards for School Leaders and the goals of the administrator’s individual professional development plan.  The formal evaluation will include written criteria related to the job description and the Iowa Standards for School Leaders.  The superintendent, after receiving input from the administrators, will present the formal evaluation instrument to the board for approval.

The formal evaluation will also include an opportunity for the administrator and the superintendent to discuss the written criteria, the past year's performance and the future areas of growth.  The evaluation is completed by the superintendent, signed by the administrator and filed in the administrator's personnel file.

The principal will be an educational leader who promotes the success of all students by:

  • Mission, Vision and Core Values:  Develop, advocate and enact a shared mission, vision, and core values of high-quality education and academic success and well-being of each student.
  • Ethics and Professional Norms:  Act ethically and according to professional norms to promote each student’s academic success and well-being.
  • Equity and Cultural Responsiveness:  Strive for equity of educational opportunity and culturally responsive practices to promote each student’s academic success and well-being.
  • Curriculum, Instruction and Assessment:  Develop and support intellectually rigorous and coherent systems of curriculum, instruction and assessment to promote each student’s academic success and well-being.
  • Community Care and Support for Students:  Cultivate an inclusive, caring and supportive school community that promotes the academic success and well-being of each student.
  • Professional Capacity of School Personnel:  Develop the professional capacity and practice of school personnel to promote each student’s academic success and well-being.
  • Professional community for Teachers and Staff:  Foster a professional community of teachers and professional staff to promote each student’s academic success and well-being. 
  • Meaningful Engagement of Families and Community:  Engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student’s academic success and well-being.
  • Operations and Management:  Manage school operations and resources to promote each student’s academic success and well-being.
  • School Improvement:  Act as an agent of continuous improvement to promote each student’s academic success and well-being.

It is the responsibility of the superintendent to conduct a formal evaluation of the probationary administrators and nonprobationary administrators prior to May 15.

    

NOTE:  The Iowa Board of Education previously adopted the new Iowa Standards for School Leaders which will take effect on July 1, 2021.  Districts are required to use these new standards in conducting evaluations of school administrators.

    

Legal Reference:

Iowa Code §§ 279.8.21-.23A.

281 I.A.C. Ch 12.3(3); ch. 83

Cross Reference:

303 Administrative Employees

Approved    11/20/00          Reviewed  3/20/24           Revised  11/15/2021            

Jen@iowaschool… Sun, 07/14/2019 - 14:20

303.7 ADMINISTRATOR PROFESSIONAL DEVELOPMENT

303.7 ADMINISTRATOR PROFESSIONAL DEVELOPMENT

The board encourages the administrators to continue their professional growth by becoming involved in professional organizations, attending conferences, continuing their education, and participating in other professional activities.

It is the responsibility of the administrators to arrange their schedules in order to attend various conferences and events in which they are involved.  Prior to attendance at an event, the administrator must receive approval from the superintendent. In the case where overnight travel or unusual expense is involved, the superintendent shall bring it to the attention of the board prior to the administrator attending the event.

The administrator shall report to the superintendent after an event.

 

Legal Reference:    Iowa Code § 279.8 (20136.

                               281 I.A.C. 12.7.

Cross Reference:   302.6    Superintendent Professional Development

    401.7    Employee Travel Compensation

Approved    11/20/00           Reviewed   11/18/2019           Revised 3/20/24               

 

Jen@iowaschool… Sun, 07/14/2019 - 14:21

303.8 ADMINISTRATOR CIVIC ACTIVITIES

303.8 ADMINISTRATOR CIVIC ACTIVITIES

The board encourages the administrators to be involved in the school district community by belonging to community organizations, and by attending and participating in school district community activities.

It is the responsibility of the administrators to become involved in school district community activities and events. It is within the discretion of the board to pay annual fees for professional organizations and activities.

 

Legal Reference:    Iowa Code § 279.8 (2013).

                               1990 Op. Att'y Gen. 79.

Cross Reference:    302.7    Superintendent Civic Activities

Approved    11/20/00           Reviewed   11/18/2019             Revised 3/20/24             

Jen@iowaschool… Sun, 07/14/2019 - 14:21

303.9 ADMINISTRATOR CONSULTING/OUTSIDE EMPLOYMENT

303.9 ADMINISTRATOR CONSULTING/OUTSIDE EMPLOYMENT

An administrative position is considered full-time employment.  The board expects administrators to give the responsibilities of their positions in the school district precedence over other employment.  An administrator may accept consulting or outside employment for pay as long as, in the judgment of the board and the superintendent, the work is conducted on the administrator's personal time and it does not interfere with the performance of the administrative duties contracted by the board.

The board reserves the right, however, to request the administrator cease the outside employment as a condition of continued employment.  The board will give the administrator thirty days notice to cease outside employment.

 

Legal Reference:     Iowa Code §§ 279.8, .21 (2013).

Cross Reference:    303.3    Administrator Contract and Contract Non-renewal

                                303.5    Administrator Duties

Approved    11/20/00           Reviewed   11/18/2019             Revised  3/20/24                

Jen@iowaschool… Sun, 07/14/2019 - 14:22

304 POLICY IMPLEMENTATION

304 POLICY IMPLEMENTATION Jen@iowaschool… Sun, 07/14/2019 - 14:05

304.1 DEVELOPMENT AND ENFORCEMENT OF ADMINISTRATIVE REGULATIONS

304.1 DEVELOPMENT AND ENFORCEMENT OF ADMINISTRATIVE REGULATIONS

Administrative regulations may be necessary to implement board policy.  It shall be the responsibility of the superintendent to develop administrative regulations.

In developing the administrative regulations, the superintendent shall consult with administrators or others likely to be affected by the regulations.  Once the regulations are developed, employees, students and other members of the school district community shall be informed in a manner determined by the superintendent.

The board shall be kept informed of the administrative regulations utilized and their revisions.  The board may review and recommend change of administrative regulations prior to their use in the school district if they are contrary to the intent of board policy.

It shall be the responsibility of the superintendent to enforce administrative regulations.

 

Legal Reference: Iowa Code § 279.8 (2013).

Cross Reference: 209 Board of Directors' Management Procedures

304.2 Monitoring of Administrative Regulations

Approved    11/20/00       Reviewed   12/18/19     Revised    4/17/24               

 

                  

Jen@iowaschool… Sun, 07/14/2019 - 14:23

304.2 MONITORING OF ADMINISTRATIVE REGULATIONS

304.2 MONITORING OF ADMINISTRATIVE REGULATIONS

The administrative regulations shall be monitored and revised when necessary.  It is the responsibility of the superintendent to monitor and revise the administrative regulations.

The superintendent may rely on the board, administrators, employees, students, and other members of the school district community to inform the superintendent about the effect of and possible changes in the administrative regulations.

 

Legal Reference:    Iowa Code §§ 279.8, .20 (2013).

Cross Reference:    209    Board of Directors' Management Procedures

    304.1    Development and Enforcement of Administrative Regulations

Approved    11/20/00           Reviewed     4/17/24                   Revised                   

Jen@iowaschool… Sun, 07/14/2019 - 14:23

305 ADMINISTRATOR CODE OF ETHICS

305 ADMINISTRATOR CODE OF ETHICS

Administrators, as part of the educational leadership in the school district community, represent the views of the school district. Their actions, verbal and nonverbal, reflect the attitude and the beliefs of the school district. Therefore, administrators will conduct themselves professionally and in a manner fitting to their position.

Each administrator will follow the code of ethics stated in this policy. Failure to act in accordance with this code of ethics or in a professional manner, in the judgment of the board, will be grounds for discipline up to, and including, discharge.

The professional school administrator:

  • Makes the education and well-being of students the fundamental value of all decision making.
  • Fulfills all professional duties with honesty and integrity and always acts in a trustworthy and responsible manner.
  • Supports the principle of due process and protects the civil and human rights of all individuals.
  • Implements local, state and national laws.
  • Advises the school board and implements the board's policies and administrative rules and regulations.
  • Pursues appropriate measures to correct those laws, policies, and regulations that are not consistent with sound educational goals or that are not in the best interest of children.
  • Avoids using his/her position for personal gain through political, social, religious, economic or other influences.
  • Accepts academic degrees or professional certification only from accredited institutions.
  • Maintains the standards and seeks to improve the effectiveness of the profession through research and continuing professional development.
  • Honors all contracts until fulfillment, release or dissolution mutually agreed upon by all parties.
  • Accepts responsibility and accountability for one's own actions and behaviors.
  • Commits to serving others above self.

Legal Reference:

Iowa Code § 279.8 (2013).

282 I.A.C. 13.

Cross Reference:

404 Employee Conduct and Appearance

   

Approved: 12/18/19 

Reviewed: 4/17/24 

Revised: _____

lchapman@e-hawks.org Wed, 11/20/2019 - 11:34

306 SUCCESSION OF AUTHORITY TO THE SUPERINTENDENT

306 SUCCESSION OF AUTHORITY TO THE SUPERINTENDENT

In the absence of the superintendent, it shall be the responsibility of the other administrators to assume the superintendent's duties.  The succession of authority to the superintendent shall be in this order: the Secondary Principal, the Middle School Principal and the Elementary Principal.

If the absence of the superintendent is temporary, the successor shall assume only those duties and responsibilities of the superintendent that require immediate action.  If the board determines the absence of the superintendent will be a lengthy one, the board shall appoint an acting superintendent to assume the responsibilities of the superintendent.  The successor will assume the duties when the successor learns of the superintendent's absence or when assigned by the superintendent or the board.

References to "superintendent" in this policy manual shall mean the "superintendent or the superintendent's designee" unless otherwise stated in the board policy.

 

Legal Reference:    Iowa Code § 279.8 (2013).

    281 I.A.C. 12.4(4).

Cross Reference:    302    Superintendent

Approved    11/20/00           Reviewed   12/18/19           Revised    4/17/24               

Jen@iowaschool… Sun, 07/14/2019 - 14:05

307 COMMUNICATION CHANNELS

307 COMMUNICATION CHANNELS

Rescinded 12/15/21

 

 

Approved    11/20/00           Reviewed   12/18/19           Revised                   

 

Jen@iowaschool… Sun, 07/14/2019 - 14:05

400 ROLE OF AND GUIDING PRINCIPLES FOR EMPLOYEES

400 ROLE OF AND GUIDING PRINCIPLES FOR EMPLOYEES

This series of the board policy manual is devoted to the board's goals and objectives for employees in the performance of their jobs.  Employees provide a variety of important services for the children of the school district community. They may be teaching or assisting in the classroom, working in the office, maintaining the facilities, driving or repairing the school buses, or cooking lunches.  Each employee plays a vital role in providing an equal opportunity for a quality education for students commensurate with the students' individual needs. While the teachers have the most direct impact on the formal instruction of students, all employees have an impact on the school environment by their dedication to their work and their actions.  As role models for the students, employees shall promote a cooperative, enthusiastic, and supportive learning environment for the students.

In striving to achieve a quality education program, the board's goal is to obtain and retain qualified and effective employees.  The board shall have complete discretion to determine the number, the qualifications, and the duties of the positions and the school district's standards of acceptable performance.  It shall be the responsibility of the superintendent to make recommendations to the board in these areas prior to board action. The board recognizes its duty to bargain collectively with duly certified collective bargaining units. To the extent a group of employees has a recognized collective bargaining unit, the provisions of the master contract regarding such topics shall prevail.

Board policies in this series relating to general employees shall apply to employees regardless of their position as a licensed employee, classified employee, substitute or administrator.  Board policies relating to licensed employees shall apply to positions that require a teaching license or administrator's certificate or other professional license, certificate or endorsement, unless administrative positions are specifically excluded from the policy or a more specific policy is in the 300 Series, Administration..  Classified employees' policies included in this series shall apply to positions that do not fall within the definition of licensed employee.

Approved   1/25/71            Reviewed    5/15/24           Revised     8-16-17              

admin@iowascho… Wed, 11/28/2012 - 16:39

401 EMPLOYEES AND INTERNAL RELATIONS

401 EMPLOYEES AND INTERNAL RELATIONS Jen@iowaschool… Sun, 07/14/2019 - 14:32

401.01 EQUAL EMPLOYMENT OPPORTUNITY

401.01 EQUAL EMPLOYMENT OPPORTUNITY

The Emmetsburg Community School District will provide equal opportunity to employees and applicants for employment in accordance with applicable equal employment opportunity and affirmative action laws, directives and regulations of federal, state and local governing bodies.  Opportunity to all employees and applicants for employment includes hiring, placement, promotion, transfer or demotion, recruitment, advertising or solicitation for employment, treatment during employment, rates of pay or other forms of compensation, and layoff or termination. The school district will take affirmative action in major job categories where women, men, minorities and persons with disabilities are underrepresented.  Employees will support and comply with the district's established equal employment opportunity and affirmative action policies. Employees will be given notice of this policy annually.

The board will appoint an affirmative action coordinator.  The affirmative action coordinator shall have the responsibility for drafting the affirmative action plan.  The affirmative action plan will be reviewed by the board at least every two years.

Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply.  In employing individuals, the board will consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, sexual orientation, gender identity, national origin, religion, age or disability. In keeping with the law, the board will consider the veteran status of applicants.

Prior to a final offer of employment for any position, the school district will perform the background checks required by law. Based upon the results of the background checks, the school district will determine whether an offer will be extended. If the candidate is a teacher who has an initial license from the BOEE, then the requirement for a background check is waived. The district will perform repeat background checks on applicable employees as required by law.

Advertisements and notices for vacancies within the district will contain the following statement:  "The Emmetsburg Community School District is an equal employment opportunity/affirmative action employer."  The statement will also appear on application forms.

Inquiries shall be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Emmetsburg Community School District, 205 King Street, Emmetsburg, Iowa 50536; or by telephoning 712-852-3201.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights.  Steven Mitchell, regional manager, Office for Civil rights, U.S. Department of  Health and Human Services , 233 N. Michigan Ave. Suite 240, Chicago, IL 60601.  Phone 800-368-1019. Fax 202-619-3818. TDD 800-537-7697.  This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

Further information and copies of the procedures for filing a complaint are available in the school district's central administrative office and the administrative office in each attendance center.

 

Legal Reference:    29 U.S.C. §§ 621-634 (1994).

    42 U.S.C. §§ 2000e et seq. (1994).

    42 U.S.C. §§ 12101 et seq..

Approved   4/2/90            Reviewed    1-15-20            Revised    4/17/24             

Jen@iowaschool… Sun, 07/14/2019 - 14:53

401.02 EMPLOYEE CONFLICT OF INTEREST

401.02 EMPLOYEE CONFLICT OF INTEREST

Employees' use of their position with the school district for financial gain shall be considered a conflict of interest with their position as employees and may subject employees to disciplinary action.

Employees have access to information and a captive audience that could award the employee personal or financial gain.  No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the superintendent.  If the approval of the superintendent is given, the employee must conduct the solicitations within the conditions set by the superintendent. Further, the superintendent may, upon five days notice, require the employee to cease such solicitations as a condition of continued employment.

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

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

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

     (2)    The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district.

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

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

        Cease the outside employment or activity; or

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

When procurement is supported by Federal Child Nutrition funds, employees will not participate in the selection, award, or administration of a contract if there is a real or apparent conflict of interest in the contract. Contract, for purposes of this paragraph, includes a contract where the employee, employee's immediate family, partner, or a non-school district employer of these individuals is a party to the contract.

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

 

Legal Reference:    Iowa Code §§ 20.7; 68B; 279.8; 301.28 (2013).

Cross Reference:    203    Board of Directors' Conflict of Interest

    402.4    Gifts to Employees

    402.6    Employee Outside Employment

Approved   1/17/94            Reviewed    1-15-20            Revised    5/15/24       

Jen@iowaschool… Sun, 07/14/2019 - 14:54

401.03 NEPOTISM

401.03 NEPOTISM

More than one family member may be an employee of the school district.  It is within the discretion of the superintendent to allow one family member employed by the school district to supervise another family member employed by the school district.

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

 

Legal Reference:    Iowa Code §§ 20; 71; 277.27; 279.8 (2013).

Cross Reference:    405.2    Licensed Employee Qualifications, Recruitment Selection

    411.2    Classified Employee Qualifications, Recruitment Selection

Approved    1/22/01           Reviewed   1-15-20                     Revised 5/15/24                  

Jen@iowaschool… Sun, 07/14/2019 - 14:56

401.04 EMPLOYEE COMPLAINTS

401.04 EMPLOYEE COMPLAINTS

Policy 401.4 EMPLOYEE COMPLAINTS

Complaints of employees against fellow employees should be discussed directly between employees as appropriate for the nature of the complaint.  Complaints should be made in a constructive and professional manner.  Complaints should generally not be made in the presence of other employees, students or outside persons.

If the complaint cannot be resolved, the employee may discuss the matter with their immediate supervisor.  If the matter cannot be resolved within 10 days of speaking with the immediate supervisor, the employee may discuss it with the principal within 10 days of the supervisor's decision.  If the matter cannot be resolved by the principal, the employee may discuss it with the superintendent within 10 days after speaking with the principal.

If the matter is not satisfactorily resolved by the superintendent, the employee may ask to have the matter placed on the board agenda of a regularly scheduled board meeting in compliance with board policy.  The board retains discretion as to whether to consider or take action on any complaint.

This policy is designed to create an appropriate process for pursuing general employee complaints.  However, employees wishing to address a complaint on a topic with a more specialized procedure such as master contract grievances, or bullying or harassment claims should follow the appropriate process set forth in the master contract, employee handbook or other board policies specific to that topic.

 

NOTE: Boards should adapt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.). 

NOTE:  There should be reasonable limits on the number of days an employee has to pursue a complaint.  Cross reference with the number of days listed in policy 502.4 for consistency. 

  

Legal Reference:

Iowa Code §§ 20279.8

Cross Reference:

210.8 Board Meeting Agenda

Approved     1/22/01          Reviewed    5/15/24            Revised   12/15/21             

Jen@iowaschool… Sun, 07/14/2019 - 14:57

401.05 EMPLOYEE RECORDS

401.05 EMPLOYEE RECORDS

The school district will maintain personnel records on employees.  The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.

The records will include, but not be limited to, records necessary for the daily administration of the school district, salary records, evaluations, application for employment, references, and other items needed to carry out board policy.  Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility. Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.

Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee.  The school district may charge a reasonable fee for each copy made. However, employees will not be allowed access to the employment references written on behalf of the employee. Board members will generally only have access to an employee's file when it is necessary because of an employee related matter before the board.

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

It shall be the responsibility of the superintendent to develop administrative regulations for the implementation of this policy. 

 

Legal Reference:    Iowa Code chs. 20; 21; 22; 91B (1999).

Cross Reference:    402.1    Release of Credit Information

    403    Employees' Health and Well-Being

    708    Care, Maintenance and Disposal of School District Records

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

Jen@iowaschool… Sun, 07/14/2019 - 14:57

401.5R1 EMPLOYEE RECORDS REGULATION

401.5R1 EMPLOYEE RECORDS REGULATION

   

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

 

Jen@iowaschool… Sun, 07/14/2019 - 14:58

401.06 LIMITATIONS TO EMPLOYMENT REFERENCES

401.06 LIMITATIONS TO EMPLOYMENT REFERENCES

   The district believes in taking appropriate measures to promote the health and welfare of all students.  Any school employee, contractor, or agent shall not assist another school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law. 

This limitation does not apply if the matter has been properly reported to law enforcement and any other regulatory authorities required by law, and either:

  • the matter has been officially closed by the law enforcement agency;
  • the individual is acquitted or otherwise exonerated of the alleged misconduct; or
  • more than four years has passed since the case was opened, and no charges or indictment have been filed.

Note:  This is a mandatory policy.  The language stated in the policy reflects the standards established for schools receiving funding under the Every Student Succeeds Act.

 

Legal References: 

20 U.S.C. §7926

281 I.A.C. 12.3(14)

Cross References: 

401.5 Employee Records

402.2 Child Abuse Reporting

402.3 Abuse of Students by School District Employees

405.2 Licensed Employee Qualifications, Recruitment, Selection

411.2 Classified Employee Qualifications, Recruitment, Selection

         

Approved 2/24/2020 Reviewed 5/15/24  Revised 2/24/2020

Prior Policy 401.06 Transporting Students by School Employees was rescinded on 2/24/2020

            

Jen@iowaschool… Sun, 07/14/2019 - 14:59

401.07 EMPLOYEE TRAVEL COMPENSATION

401.07 EMPLOYEE TRAVEL COMPENSATION

Employees traveling on behalf of the school district and performing approved school district business will be reimbursed for their actual and necessary expenses.  Actual and necessary travel expenses will include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses and registration costs.

Travel Outside the School District

Travel outside of the school district must be pre-approved.  Pre-approval will include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business.  Travel outside the school district by employees, other than the superintendent, is pre-approved by the superintendent or immediate supervisor. Travel outside the district by the superintendent will be approved by the board president.

Reimbursement for actual and necessary expenses will be allowed for travel outside the school district if the employee received pre-approval for the travel.  Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed itemized receipt indicating the date, purpose and nature of the expense for each claim item.  In exceptional circumstances, the superintendent may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances shall be maintained as part of the school district's record of the claim.

Failure to have a detailed receipt will make the expense a personal expense.  Personal expenses, including mileage, in excess of that required for the trip are reimbursed by the employee to the school district no later than 10 working days following the date of the expense.

Reimbursement for actual and necessary expenses for travel outside the school district will be limited to the pre-approved expenses.  Pre-approved expenses for registration are limited to the actual cost of the registration.

Pre-approved expenses for transportation within three-hundred miles of the school district administrative office will be by automobile.  If a school district vehicle is not available, the employee will be reimbursed at the Internal Revenue Service standard mileage rate. Travel to/from home and work is never a reimbursable travel expense. The board on a case by case basis will establish the rate for in district travel between buildings by district employees. Pre-approved expenses for transportation outside three hundred miles of the school district administrative office may be by public carrier. Reimbursement for air travel will be at the tourist class fare. Should an employee choose to travel by automobile, reimbursement will be limited to the public carrier amount. Pre-approved expenses for transportation in a rental car is limited to the cost of a Class “C” rental car at a medium-priced agency unless the number of people traveling on behalf of the school district warrants a larger vehicle. Travel costs for a spouse or anyone other than the district’s employee shall be a personal expense not reimbursed by the district.

Pre-approved expense for lodging within the state is limited to $200 per night. Pre-approved expense by the superintendent for lodging outside the state is limited to the rate of a medium priced hotel in the area.  Lodging may be pre-approved for a larger amount if special circumstances require the employee to stay at a particular hotel by the superintendent. Pre-approved expenses for meals are limited to $60/day.  Meals may be pre-approved for a larger amount by the superintendent.    

Travel Within the School District

Employees required to travel in their personal vehicle between school district buildings will not be reimbursed.

Use of District-Owned Vehicles

Certain district employment positions may require regular and extensive travel.  Due to the required duties of these positions, the district may provide certain positions with use of district-owned vehicles.  Employees who utilize district-owned vehicles during the course of their job duties are fulfilling the public purpose of meeting the needs of the educational community in an efficient, and time-sensitive manner.  District-owned vehicles are purchased and maintained with public money and must be used strictly in accordance with fulfilling a public purpose.  These vehicles represent the district in carrying out its educational mission.  Therefore, district-owned vehicles will be clearly marked at all times to identify the district. 

The superintendent is responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment and proper use of school district vehicles.  The administrative regulations will include the appropriate forms to be filed for reimbursement to the employee from the school district and the procedures for obtaining approval for travel outside of and within the school district.

NOTE:  This policy contains auditor's requirements for a travel compensation policy, including incidental vehicle use, reimbursement by employees for personal use, travel between attendance centers and taxation of additional compensation.  As a result, most of the language of the policy is mandatory.  The paragraphs in brackets that address specific limitations for expenditures are optional.  

Legal Reference: Iowa Constitution, Art. III, § 31.

Iowa Code §§ 70A.9-.11 

1980 Op. Att'y Gen. 512.

Cross Reference: 216.3 Board of Directors' Member Compensation and Expenses

401.6 Transporting of Students by Employees

401.10 Credit Cards

904.1 Transporting Students in Private Vehicles

Approved   3/11/85        Reviewed    2/24/2020            Revised    5/15/24      

Jen@iowaschool… Sun, 07/14/2019 - 15:00

401.08 RECOGNITION FOR SERVICE OF EMPLOYEES

401.08 RECOGNITION FOR SERVICE OF EMPLOYEES

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

If the form of honor thought appropriate by the administration and employees involves unusual expense to the school district, the superintendent shall seek prior approval from the board.

 

Legal Reference:    Iowa Const. Art. III, § 31.

    Iowa Code § 279.8 (1999).

    1980 Op. Att'y Gen. 102.

Cross Reference:    407    Licensed Employee Termination of Employment

    413    Classified Employee Termination of Employment

Approved    1/22/01            Reviewed    5/15/24       

Jen@iowaschool… Sun, 07/14/2019 - 15:01

401.09 EMPLOYEE POLITICAL ACTIVITY

401.09 EMPLOYEE POLITICAL ACTIVITY

Employees will not engage in political activity upon property under the jurisdiction of the board including the use of school district e-mail accounts.  Activities including, but not limited to, posting of political circulars or petitions, the distribution of political circulars or petitions, the collection of or solicitation for campaign funds, solicitation for campaign workers, general information regarding elections or ballot issues and the use of students for writing or addressing political materials, or the distribution of such materials to or by students are specifically prohibited.

Violation of this policy may be grounds for disciplinary action.

 

Legal Reference:    Iowa Code §§ 55; 279.8 (1999).

Cross Reference:    409.5    Licensed Employee Political Leave

    414.5    Classified Employee Political Leave

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

Jen@iowaschool… Sun, 07/14/2019 - 15:02

401.11 EMPLOYEE ORIENTATION

401.11 EMPLOYEE ORIENTATION

Employees must know their role and duties.  New employees may be required to participate in an orientation program for new employees.  The employee's immediate supervisor should provide the new employee with a review of the employee's responsibilities and duties.  Payroll procedures and employee benefit programs and accompanying forms will be explained to the employee by the business manager/administrative assistant.  Regular employees ineligible for the school district's group health plan will be given information regarding where they can obtain health care or health care insurance.

 

Legal Reference:    Iowa Code §§ 20; 279.8 (1999).

    191 I.A.C. 74.

Cross Reference:    404    Employee Conduct and Appearance

    406    Licensed Employee Compensation and Benefits

    412    Classified Employee Compensation and Benefits

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

Jen@iowaschool… Sun, 07/14/2019 - 15:03

401.12 EMPLOYEE USE OF CELL PHONES

401.12 EMPLOYEE USE OF CELL PHONES

The use of cell phones and other communication devices may be appropriate to provide for the effective and efficient operation of the school district and to help ensure safety and security of people and property while on school district property or engaged in school‑sponsored activities.

The Board authorizes the purchase and employee use of cell phones as deemed appropriate by the superintendent.  School district‑owned cell phones shall be used for authorized school district business purposes, consistent with the school district’s mission and goals.

Use of cell phones in violation of board policies, administrative regulations, and/or state/federal laws will result in discipline, up to and including dismissal, and referral to law enforcement officials, as appropriate.

The superintendent is directed to develop administrative regulations for the implementation of this policy, including a uniform and controlled system for identifying employee cell phone needs, monitoring use and reimbursement.  Provisions may also be included for staff use of privately owned cell phone for authorized school district business.

Employees may possess and use cell phones during the school day as outlined in this policy and as provided in the administrative regulation developed by the superintendent.  Employees should not use cell phones for personal business while on-duty, including staff development times, parent-teacher conferences, etc., except in the case of an emergency or during prep time or break/lunch times.  Employees, except for bus drivers, see below, are prohibited from using cell phones while driving except in the case of an emergency and any such use must comply with applicable state and federal law and district policies and regulations. 

Cell phones are not to be used for conversations involving confidential student or employee information.  School district-provided cell phones devices are not to be loaned to others.

School bus drivers are prohibited from using any communication device while operating the bus except in the case of an emergency, or to call for assistance, after the vehicle has been stopped.  Any such use must comply with applicable state and federal law and district policies and regulations.

Employees violating the policy will be subject to discipline, up to and including discharge.  It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

 

Legal References:         Internal Revenue Comment Notice, 2009-46,                 http://www.irs.gov/irb/2009-23_IRB/ar07.html

                                    Iowa Code §§ 279.8; 321.276.

Cross References:         406   Licensed Employee Compensation and Benefits

                                    412  Classified Employee Compensation and Benefits           

    707.5 Internal Controls

Approved: 5-15-19                     Reviewed:                      Revised:             

Jen@iowaschool… Sun, 07/14/2019 - 15:04

401.12R1 EMPLOYEE USE OF CELL PHONES REGULATION

401.12R1 EMPLOYEE USE OF CELL PHONES REGULATION

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.

Jen@iowaschool… Sun, 07/14/2019 - 15:05

Policy 401.14 EMPLOYEE EXPRESSION

Policy 401.14 EMPLOYEE EXPRESSION

Policy 401.14 EMPLOYEE EXPRESSION

The board believes the district has an interest in maintaining an orderly and effective work environment while balancing employees First Amendment rights to freedom of expression and diverse viewpoints and beliefs.  When employees speak within their official capacity, their expression represents the district and may be regulated.  The First Amendment protects a public employee’s speech when the employee is speaking as an individual citizen on a matter of public concern.  Even so, employee expression that has an adverse impact on district operations and/or negatively impacts an employee’s ability to perform their job for the district may still result in disciplinary action up to and including termination.

Employees who use social media platforms are encouraged to remember that the school community may not be able to separate employees as private citizens, from their role within the district.  Employee expression on social media platforms that interferes with the district’s operations or prevents the district from functioning efficiently and effectively may be subject to discipline up to and including termination.

A district employee who acts to protect a student for engaging in free expression or who refuses to infringe on students engaging in free expression; and who is acting within the scope of their professional ethics will not be retaliated against or face any adverse employment action based on their behavior provided that expression is otherwise permitted by law and board policy. 

If the board or court finds an employee that is subject to licensure, certification or authorization by the Board of Educational Examiners discriminated against a student or other co-employee, the board will refer the employee to the Board of Educational Examiners for additional proceedings as required by law and which may result in discipline up to and including termination.

  

Note:  This is a mandatory policy required by Iowa Code ch. 279.73.

  

Legal Reference: 

U.S. Const. Amend. I

Iowa Code §§ 279.73280.22

Cross Reference: 

502.3 Student Expression

504.3 Student Publications

  

Approved  9/15/21   Reviewed                      Revised                   

ahaack@e-hawks.org Mon, 08/23/2021 - 12:57

402 EMPLOYEES AND OUTSIDE RELATIONS

402 EMPLOYEES AND OUTSIDE RELATIONS Jen@iowaschool… Sun, 07/14/2019 - 14:32

402.1 RELEASE OF CREDIT INFORMATION

402.1 RELEASE OF CREDIT INFORMATION

The following information will be released to an entity with whom an employee has applied for credit or has obtained credit:  title of position, income, and number of years employed. This information will be released without prior written notice to the employee.  Confidential information about the employee will be released to an inquiring creditor with a written authorization from the employee.

It shall be the responsibility of the board secretary or superintendent to respond to inquiries from creditors.

 

Legal Reference:    Iowa Code §§ 22.7; 279.8 (1999).

Cross Reference:    401.5    Employee Records

Approved    1/22/01           Reviewed   3/25/2020                     Revised                   

Jen@iowaschool… Sun, 07/14/2019 - 15:06

402.2 CHILD ABUSE REPORTING

402.2 CHILD ABUSE REPORTING

In compliance with state law and to provide protection to victims of child abuse, the board believes incidents of alleged child abuse should be reported to the proper authorities. All licensed school employees, teachers, coaches and paraeducators and all school employees 18 years of age or older are mandatory reporters as provided by law and are to report alleged incidents of child abuse they become aware of within the scope of their professional duties. 

 When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter shall make an oral report of the suspected child abuse to the Iowa Department of Human Services within 24 hours of becoming aware of the abusive incident and shall make a written report to the Iowa Department of Human Services within 48 hours following the oral report. If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency will also be notified.  

Within six months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse and dependent adult abuse, or submit evidence they’ve taken the course within the previous three years.  Once the training course has been taken, the certificate will remain valid for three years.  Employees who have taken the two-hour training course will take the one-hour follow-up training course every three years and prior to the expiration of their certificate.

 NOTE:  All mandatory reporter training certificates issued prior to July 1, 2019 remain effective for five years.  Once this certificate expires, subsequent training certificates will be valid for three years.  

 NOTE: For more information, please visit the “Report Abuse and Fraud” section of the Iowa Department of Human Services’ website, located at http://dhs.iowa.gov/report-abuse-and-fraud

 NOTE: Please remember there are two types of reporters identified in Iowa law: mandatory reporters and permissive reporters. Mandatory reporters are those individuals who are required by law to report suspected incidents of child abuse when they become aware of such incidents within the scope of their employment or professional responsibilities. Permissive reporters are not required by law to report abuse, but may choose to report to the Iowa Department of Human Services. While all licensed school employees, teachers, coaches and paraeducators and all school employees 18 years of age or older are mandatory reporters within the scope of their profession, they are considered permissive reporters outside the scope of their profession. 

Approved   1/17/94    _    Reviewed    3/25/2020    Revised    8/23/23   

Jen@iowaschool… Sun, 07/14/2019 - 15:10

402.2R1 CHILD ABUSE REPORTING REGULATION

402.2R1 CHILD ABUSE REPORTING REGULATION

Iowa law requires licensed employees to report to the Iowa Department of Human Services (DHS) instances of suspected child abuse which they become aware of within the scope of their professional 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    3/25/2020            Revised    9/15/97       

Jen@iowaschool… Sun, 07/14/2019 - 15:11

402.3 ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

402.3 ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

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

The school district will respond promptly to allegations of abuse of students by school district employees by investigating or arranging for the investigation of an allegation.  The processing of a complaint or allegation will be handled confidentially to the maximum extent possible. Employees are required to assist in the investigation when requested to provide information and to maintain the confidentiality of the reporting and investigation process.

The school district has appointed a Level I investigator and alternate Level I investigator.  The school district has also arranged for a trained, experienced professional to serve as the Level II investigator.  The Level I investigator and alternate will be provided training in the conducting of an investigation at the expense of the school district.  The names of the investigators shall be listed in the student handbook, published annually in the local newspaper and posted in all school facilities.

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

 

Legal Reference:    Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1) (1999).

    281 I.A.C. 12.3(6), 102; 103.

    441 I.A.C. 155; 175.

    1980 Op. Att'y Gen. 275.

Cross Reference:    402.2    Child Abuse Reporting

    403.5    Harassment

                503.5    Corporal Punishment

Approved   1/17/94        Reviewed    3/25/2020            Revised    8/18/97   

Jen@iowaschool… Sun, 07/14/2019 - 15:12

402.3E1 ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

402.3E1 ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

(FORM ATTACHED)

Jen@iowaschool… Sun, 07/14/2019 - 15:13
File Attachments

402.3E2 ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

402.3E2 ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

(FORM ATTACHED)

 

Jen@iowaschool… Sun, 07/14/2019 - 15:14
File Attachments

402.3R1 ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES REGULATION

402.3R1 ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES REGULATION

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    3/25/2020           Revised    8/18/97       

Jen@iowaschool… Sun, 07/14/2019 - 15:15

402.4 GIFTS TO EMPLOYEES

402.4 GIFTS TO EMPLOYEES

Employees may receive a gift on behalf of the school district.  Employees shall not, either directly or indirectly, solicit, accept or receive any gift, series of gifts or an honorarium unless the donor does not meet the definition of "restricted donor" stated below or the gift or honorarium does not meet the definition of gift or honorarium stated below.

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

  •         Is seeking to be, or is a party to, any one or any combination of sales, purchases, leases or contracts to, from or with the school district;
  •         Will be directly and substantially affected financially by the performance or nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or
  •         Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.

A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received.  However, "gift" does not include any of the following:

  •         Contributions to a candidate or a candidate's committee;
  •         Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;
  •         Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
  •         An inheritance;
  •         Anything available or distributed to the general public free of charge without regard to the official status of the employee;
  •         Items received from a charitable, professional, educational or business organization to which the employee belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;
  •         Actual expenses of an employee for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
  •         Plaques or items of negligible resale value given as recognition for public service;
  •         Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;
  •         Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;
  •         Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
  •         Funeral flowers or memorials to a church or nonprofit organization; 
  •         Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;
  •         Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or
  •         Gifts other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee.
  •         Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions.  The costs of food, drink, lodging and travel are not "registration costs" under this paragraph. Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.

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

  •         Actual expenses of an employee for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
  •         A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or
  •         A payment made to an employee for services rendered as part of a private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee of the district, but, rather, because of some special expertise or other qualification.

It shall be the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.

Legal References:    Iowa Code ch. 68B (1999).

    1972 Op. Att'y Gen. 276.

    1970 Op. Att'y Gen. 319.

Cross References:    217    Gifts to Board of Directors

    401.2    Employee Conflict of Interest

    704.4    Gifts-Grants-Bequests

Approved   1/17/94            Reviewed    4/15/15            Revised    1/22/01   

Jen@iowaschool… Sun, 07/14/2019 - 15:17

402.5 Required Professional Development for Employees

402.5 Required Professional Development for Employees

Appropriate training and professional development of all employees is crucial to the success of all students. The district will provide professional development opportunities appropriate to the duties of school employees. 

For all professional development programs the district requires employees to take, the district will provide to the employee notice indicating the section of the law, or rules adopted by the state board of education or board of educational examiners that the district determines requires the employee to participate in the professional development program. 

NOTE: This requirement exists regardless of the employee’s status as a licensed or classified employee. With the change in law stating that all school employees are now mandatory reporters, this policy language will apply to all employees for at least some training.

 

Original Adopted Date: 8/23/23               Reviewed Date:                                    Revised Date:

Jen@iowaschool… Sun, 07/14/2019 - 15:18

402.6 EMPLOYEE OUTSIDE EMPLOYMENT

402.6 EMPLOYEE OUTSIDE EMPLOYMENT

The board believes the primary responsibility of employees is to the duties of their position within the school district as outlined in their job description.  The board considers an employee's duties as part of a regular, full-time position as full-time employment. The board expects such employees to give the responsibilities of their positions in the school district precedence over any other employment.

It shall be the responsibility of the superintendent to counsel employees, whether full-time or part-time, if, in the judgment of the superintendent and the employee's immediate supervisor, the employee's outside employment interferes with the performance of the employee's duties required in the employee's position within the school district.

The board may request the employee to cease the outside employment as a condition of continued employment with the school district.

 

Legal Reference:    Iowa Code §§ 20.7; 279.8 (1999).

Cross Reference:    401.2    Employee Conflict of Interest

    408.3    Licensed Employee Tutoring

Approved     1/22/01          Reviewed   4/15/15                     Revised                   

Jen@iowaschool… Sun, 07/14/2019 - 15:19

403 EMPLOYEES' HEALTH AND WELL-BEING

403 EMPLOYEES' HEALTH AND WELL-BEING Jen@iowaschool… Sun, 07/14/2019 - 14:33

403.1 EMPLOYEE PHYSICAL EXAMINATIONS

403.1 EMPLOYEE PHYSICAL EXAMINATIONS

The Emmetsburg Community School District believes good health is important to job performance. School bus drivers will present evidence of good health upon initial hire and every other year in the form of a physical examination report, unless otherwise required by law or medical opinion. All other employees shall present evidence of good health, in the form of a post-offer, pre-employment physical examination report.

The cost of the initial examination will be paid by the school district up to a maximum of $90. The form indicating the employee is able to perform the duties, with or without reasonable accommodation, for which the employee was hired, must be returned prior to the performance of duties. The cost of bus driver renewal physicals will be paid by the school district. The school district will provide the standard examination form to be completed by the personal physician of the employee or a certified medical examiner for bus drivers. 

Employees whose physical or mental health, in the judgement of the administration, may be in doubt will submit to additional examinations to the extent job-related and consistent with business necessity, when requested to do so, at the expense of the school district. 

The district will comply with occupational safety and health requirements as applicable to its employees in accordance with law.  

 

Legal Reference:    29 C.F.R. Pt. 1910.1030 (1999).

    Iowa Code §§ 20.9; 279.8 (1999).

    281 I.A.C. 12.4(14); 43.15 -.20.

Cross Reference:    403    Employees' Health and Well-Being

Approved   6/3/85            Reviewed    9/21/16    Revised    9/21/16   

Jen@iowaschool… Sun, 07/14/2019 - 15:20

403.2 EMPLOYEE INJURY ON THE JOB

403.2 EMPLOYEE INJURY ON THE JOB

When an employee becomes seriously injured on the job, the building principal shall notify a member of the family, or an individual of close relationship, as soon as the building principal becomes aware of the injury.

If possible, an employee may administer emergency or minor first aid.  An injured employee shall be turned over to the care of the employee's family or qualified medical employees as quickly as possible.  The school district is not responsible for medical treatment of an injured employee.

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

It shall be the responsibility of the employee to file claims, such as workers' compensation, through the board secretary.

 

Legal Reference:    Iowa Code §§ 85; 279.40; 613.17 (1999).

    1972 Op. Att'y Gen. 177.

Cross Reference:    403    Employees' Health and Well-Being

    409.2    Licensed Employee Personal Illness Leave

    414.2    Classified Employee Personal Illness Leave

Approved     1/22/01                  Reviewed   5/20/15                     Revised                   

Jen@iowaschool… Sun, 07/14/2019 - 15:20

403.3 COMMUNICABLE DISEASES - EMPLOYEES

403.3 COMMUNICABLE DISEASES - EMPLOYEES

Employees with a communicable disease will be allowed to perform their customary employment duties provided they are able to perform the essential functions of their position and their presence does not create a substantial risk of illness or transmission to students or other employees.  The term "communicable disease" shall mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.

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

The health risk to immunodepressed employees shall be determined by their personal physician.  The health risk to others in the school district environment from the presence of an employee with a communicable disease shall be determined on a case-by-case basis by the employee's personal physician, a physician chosen by the school district or public health officials.

An employee who is at work and who has a communicable disease which creates a substantial risk of harm to a student, coworkers, or others at the workplace shall report the condition to the Superintendent any time the employee is aware that the disease actively creates such risk.

Health data of an employee is confidential and it shall not be disclosed to third parties.  Employee medical records shall be kept in a file separate from their personal file.

It shall be the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with employees with a communicable disease.

 

Legal Reference:    School Board of Nassau County v. Arline, 480 U.S. 273 (1987).

    29 U.S.C. §§ 794, 1910 (1994).

    42 U.S.C. §§ 12101 et seq. (1994).

    45 C.F.R. Pt. 84.3 (1999).

    Iowa Code chs. 139; 141 (1999).

    641 I.A.C. 1.2-.7.

Cross Reference:    401.5    Employee Records

    403.1    Employee Physical Examinations

    507.3    Communicable Diseases - Students

Approved   1/17/94           Reviewed    5/20/15            Revised    4/25/05       

Jen@iowaschool… Sun, 07/14/2019 - 15:21

403.3E1 HEPATITIS B VACCINE INFORMATION AND RECORD

403.3E1 HEPATITIS B VACCINE INFORMATION AND RECORD

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.

Signature of Employee (consent for Hepatitis B vaccination)

 

Date

     
     

Signature of Witness

 

Date

 

REFUSAL OF HEPATITIS B VACCINATION

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

Signature of Employee (refusal for Hepatitis B vaccination)

 

Date

     
     

Signature of Witness

 

Date

I refuse because I believe I have (check one)

              started the series                        completed the series

 

RELEASE FOR HEPATITIS B MEDICAL INFORMATION

I hereby authorize                                           (individual or organization holding Hepatitis B records and address) to release to the                                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.

Signature of Employee 

 

Date

     
     

Signature of Witness

 

Date

 

 

CONFIDENTIAL RECORD

____________________________________________________        

Employee Name (last, first, middle)

 

Social Security No.

         

Job Title: 

       
         
 

Hepatitis B Vaccination Date

Lot Number

Site

Administered by

1

             

2

             

3

             
         
         

Additional Hepatitis B status information:

   
         
         
         
         

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

         
         
         
         

Identification and documentation of source individual:

         
         

Source blood testing consent:

     
         
         

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

         
         
         
         

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

         
         
         
         

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

         

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

         
         
         
Jen@iowaschool… Sun, 07/14/2019 - 15:23

403.3R1 UNIVERSAL PRECAUTIONS REGULATION

403.3R1 UNIVERSAL PRECAUTIONS REGULATION

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

Jen@iowaschool… Sun, 07/14/2019 - 15:24

403.4 HAZARDOUS CHEMICAL DISCLOSURE

403.4 HAZARDOUS CHEMICAL DISCLOSURE

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

Each employee shall annually review information about hazardous substances in the workplace.  When a new employee is hired or transferred to a new position or work site, the information and training, if necessary, shall be included in the employee's orientation.  When an additional hazardous substance enters the workplace, information about it shall be distributed to all employees, and training shall be conducted for the appropriate employees.  The superintendent shall maintain a file indicating which hazardous substances are present in the workplace and when training and information sessions take place.

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

It shall be the responsibility of the superintendent to develop administrative regulations regarding this program.  

 

Legal Reference:    29 C.F.R. Pt. 1910; 1200 et seq. (1999).

    Iowa Code chs. 88;89B (1999).

    347 I.A.C. 120.

Cross Reference:    403    Employees' Health and Well-Being

    804    Safety Program

Approved   1/20/94            Reviewed    5/20/15            Revised    1/22/01  

Jen@iowaschool… Sun, 07/14/2019 - 15:25

403.6 SUBSTANCE-FREE WORKPLACE

403.6 SUBSTANCE-FREE WORKPLACE

The board expects the school district and its employees to remain substance free.  No employee shall 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 alcoholic beverage as defined by federal or state law.  "Workplace" includes school district facilities, school district 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.

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

The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee.  An employee who violates the terms of this policy may be subject to discipline up to and including termination.

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

It is the responsibility of the superintendent to develop administrative regulations to implement this policy.

 

Legal Reference:    41 U.S.C. §§ 701-707 (1994).

    42 U.S.C. §§ 12101 et seq. (1994).

    34 C.F.R. Pt. 85 (1999).

    Iowa Code §§ 123.46; 124; 279.8 (1999).

Cross Reference:    404    Employee Conduct and Appearance

Approved   1/17/94            Reviewed    6/17/2020        Revised    1/22/01   

Jen@iowaschool… Sun, 07/14/2019 - 15:26

403.6E1 SUBSTANCE-FREE WORKPLACE NOTICE TO EMPLOYEES

403.6E1 SUBSTANCE-FREE WORKPLACE NOTICE TO EMPLOYEES

 

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.

___________________________               _______________________

(Signature of Employee)

 

(Date)

 

Jen@iowaschool… Sun, 07/14/2019 - 15:29

403.6R1 SUBSTANCE-FREE WORKPLACE REGULATION

403.6R1 SUBSTANCE-FREE WORKPLACE REGULATION

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.

  1. 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.

  2. [ 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. ]

  3. 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   

Jen@iowaschool… Sun, 07/14/2019 - 15:30

403.7 DRUG AND ALCOHOL TESTING PROGRAM

403.7 DRUG AND ALCOHOL TESTING PROGRAM

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

The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing.  Employees operating school vehicles shall not perform a safety-sensitive function within four hours of using alcohol. Employees governed by this policy shall be subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the school district contact person, superintendent at 1600 Grand Ave, Emmetsburg, Iowa.

Employees who violate the terms of this policy are subject to discipline, up to and, including termination.  The district is required to keep a record of all drug or alcohol violations by employees for a minimum of five years.  Employees are put on notice that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.  Additionally, the district will conduct FMCSA Clearinghouse queries for employees annually.  Employees must provide written consent for the district to conduct FMCSA Clearinghouse queries; however, employees who choose to withhold consent will be prohibited from performing any safety sensitive functions

It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law.  The superintendent shall inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment. 

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

 

Legal Reference:    American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 (4th Cir. 1995).

    49 U.S.C. §§ 5331 et seq. (1994).

    42 U.S.C. §§ 12101 (1994).

    41 U.S.C. §§ 701-707 (1996).

    49 C.F.R. Pt. 40; 382; 391.81-123 (1994).

    34 C.F.R. Pt. 85 (1999).

    Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington, PERB No. 3876 (3-26-91).

    Iowa Code §§ 124; 279.8; 321.375(2); 730.5 (1999).

   

Cross Reference:    403.6    Substance-Free Workplace

    409.2    Licensed Employee Personal Illness Leave

    414.2    Classified Employee Personal Illness Leave

Approved      12/18/95         Reviewed       06/17/2020              Revised      6/17/2020

Jen@iowaschool… Sun, 07/14/2019 - 15:31

403.7E1 DRUG AND ALCOHOL TESTING PROGRAM NOTICE TO EMPLOYEES

403.7E1 DRUG AND ALCOHOL TESTING PROGRAM NOTICE TO EMPLOYEES

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and 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.

Jen@iowaschool… Sun, 07/14/2019 - 15:36

403.7E10 DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET

403.7E10 DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET

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.

Jen@iowaschool… Sun, 07/14/2019 - 15:41

403.7E2 DRUG AND ALCOHOL TESTING PROGRAM ACKNOWLEDGMENT FORM

403.7E2 DRUG AND ALCOHOL TESTING PROGRAM ACKNOWLEDGMENT FORM

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.

 

     

(Signature of Employee)

 

(Date)

 

Jen@iowaschool… Sun, 07/14/2019 - 15:37

403.7E3 CONSENT FOR REQUEST OF INFORMATION

403.7E3 CONSENT FOR REQUEST OF INFORMATION

(FORM ATTACHED)

 

 

Jen@iowaschool… Sun, 07/14/2019 - 15:37
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403.7E4 DRUG/ALCOHOL TEST NOTIFICATION FORM

403.7E4 DRUG/ALCOHOL TEST NOTIFICATION FORM

(FORM ATTACHED)

 

 

Jen@iowaschool… Sun, 07/14/2019 - 15:38
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403.7E5 CERTIFICATION OF PREVIOUS EMPLOYERS REQUIRING A COMMERCIAL DRIVER'S LICENSE

403.7E5 CERTIFICATION OF PREVIOUS EMPLOYERS REQUIRING A COMMERCIAL DRIVER'S LICENSE

(FORM ATTACHED)

 

 

Jen@iowaschool… Sun, 07/14/2019 - 15:38
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403.7E6 DRUG AND ALCOHOL REASONABLE SUSPICION OBSERVATION

403.7E6 DRUG AND ALCOHOL REASONABLE SUSPICION OBSERVATION

(FORM ATTACHED)

 

 

Jen@iowaschool… Sun, 07/14/2019 - 15:39
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403.7E7 DRUG AND ALCOHOL TESTING PROGRAM PRE-EMPLOYMENT DRUG TEST ACKNOWLEDGMENT FORM

403.7E7 DRUG AND ALCOHOL TESTING PROGRAM PRE-EMPLOYMENT DRUG TEST ACKNOWLEDGMENT FORM

 

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)

           

 

Approved: _____

Reviewed: 6/17/2020_____

Revised: _6/17/2020____

 

Jen@iowaschool… Sun, 07/14/2019 - 15:39
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403.7E8 RANDOM TESTING DRIVER CHANGE LIST FORM IOWA DRUG AND ALCOHOL TESTING PROGRAM

403.7E8 RANDOM TESTING DRIVER CHANGE LIST FORM IOWA DRUG AND ALCOHOL TESTING PROGRAM

(FORM ATTACHED)

 

 

Jen@iowaschool… Sun, 07/14/2019 - 15:40
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403.7E9 POST-ACCIDENT DRUG AND ALCOHOL TESTING INSTRUCTIONS TO DRIVERS

403.7E9 POST-ACCIDENT DRUG AND ALCOHOL TESTING INSTRUCTIONS TO DRIVERS

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.

Jen@iowaschool… Sun, 07/14/2019 - 15:40

403.7E10 Drug and Alcohol Testing Program Worksheet

403.7E10 Drug and Alcohol Testing Program Worksheet

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.

 

 

 

 

DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET

 

______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.

 

 

DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET

 

____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)

 

 

DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET

 

____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.

 

DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET

 

____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.

 

DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET

 

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.

 

DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET

 

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.  

 

 

DRUG AND ALCOHOL TESTING PROGRAM WORKSHEET

 

___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.

 

 

lchapman@e-hawks.org Mon, 05/11/2020 - 12:31

403.7R1 DRUG AND ALCOHOL TESTING PROGRAM REGULATION

403.7R1 DRUG AND ALCOHOL TESTING PROGRAM REGULATION

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.

Jen@iowaschool… Sun, 07/14/2019 - 15:31

403.7R2 DRUG AND ALCOHOL TESTING PROGRAM DEFINITIONS

403.7R2 DRUG AND ALCOHOL TESTING PROGRAM DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

Jen@iowaschool… Sun, 07/14/2019 - 15:35

404 EMPLOYEE CONDUCT AND APPEARANCE

404 EMPLOYEE CONDUCT AND APPEARANCE

Employees are role models for the students who come in contact with them during and after school hours.  The board recognizes the positive effect employees can have on students in this capacity. To this end, the board strongly suggests and encourages employees to dress themselves, groom themselves and conduct themselves in a manner appropriate to the educational environment.

Employees will conduct themselves in a professional manner.  Employees will dress in attire appropriate for their position.  Clothing should be neat, clean, and in good taste. Discretion and common sense call for an avoidance of extremes which would interfere with or have an effect on the educational process.

Licensed employees of the school district, including administrators, will follow the code of ethics for their profession as established by the Iowa Board of Educational Examiners.

NOTE:  The Board of Educational Examiners' Criteria of Professional Practices are included as a regulation to this policy.

 

Legal Reference:    Iowa Code § 279.8 (2013).

    282 I.A.C. 13.25, .26.

Cross Reference:    104    Anti-Bullying/Harassment

    305    Administrator Code of Ethics

    401.11    Employee Orientation

    403.5    Substance-Free Workplace

    407    Licensed Employee Termination of Employment

    413    Classified Employee Termination of Employment

Approved                        Reviewed     8/19/2020                   Revised                   

Jen@iowaschool… Sun, 07/14/2019 - 14:33

404.1R1 CODE OF PROFESSIONAL CONDUCT AND ETHICS REGULATION

404.1R1 CODE OF PROFESSIONAL CONDUCT AND ETHICS REGULATION

CHAPTER 25

282—25.1(272) Scope of standards. This code of professional conduct and ethics constitutes mandatory minimum standards of practice for all licensed practitioners as defined in Iowa Code chapter 272. The adherence to certain professional and ethical standards is essential to maintaining the integrity of the education profession.

282—25.2(272) Definitions. Except where otherwise specifically defined by law:

“Administrative and supervisory personnel” means any licensed employee such as superintendent, associate superintendent, assistant superintendent, principal, associate principal, assistant principal, or other person who does not have as a primary duty the instruction of pupils in the schools.

“Board” means the Iowa board of educational examiners.

“Discipline” means the process of sanctioning a license, certificate or authorization issued by the board.

“Ethics” means a set of principles governing the conduct of all persons governed by these rules.

“Fraud” means knowingly providing false information or representations on an application for licensure or employment, or knowingly providing false information or representations made in connection with the discharge of duties.

“License” means any license, certificate, or authorization granted by the board.

“Licensee” means any person holding a license, certificate, or authorization granted by the board.

“Practitioner” means an administrator, teacher, or other licensed professional, including an individual who holds a statement of professional recognition, who provides educational assistance to students.

“Responsibility” means a duty for which a person is accountable by virtue of licensure.

“Right” means a power, privilege, or immunity secured to a person by law.

“Student” means a person, regardless of age, enrolled in a prekindergarten through grade 12 school, who is receiving direct or indirect assistance from a person licensed by the board.

“Teacher” means any person engaged in the instructional program for prekindergarten through grade

12 children, including a person engaged in teaching, administration, and supervision, and who is required by law to be licensed for the position held.

[ARC 7979B, IAB 7/29/09, effective 9/2/09]

282—25.3(272) Standards of professional conduct and ethics. Licensees are required to abide by all federal, state, and local laws applicable to the fulfillment of professional obligations. Violation of federal, state, or local laws in the fulfillment of professional obligations constitutes unprofessional and unethical conduct which can result in disciplinary action by the board. In addition, it is hereby deemed unprofessional and unethical for any licensee to violate any of the following standards of professional conduct and ethics:

25.3(1) Standard I—conviction of crimes, sexual or other immoral conduct with or toward a student, and child and dependent adult abuse. Violation of this standard includes:

a.    Fraud. Fraud means the same as defined in rule 282—25.2(272).

b.    Criminal convictions. The commission of or conviction for a criminal offense as defined by

Iowa law provided that the offense is relevant to or affects teaching or administrative performance.

(1)  Disqualifying criminal convictions. The board shall deny an application for licensure and shall revoke a previously issued license if the applicant or licensee has, on or after July 1, 2002, been convicted of, has pled guilty to, or has been found guilty of the following criminal offenses, regardless of whether the judgment of conviction or sentence was deferred:

1.  Any of the following forcible felonies included in Iowa Code section 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping;

2.   Any of the following criminal sexual offenses, as provided in Iowa Code chapter 709, involving a child:

●     First-, second- or third-degree sexual abuse committed on or with a person who is under the age of 18;

●    Lascivious acts with a child;

●    Assault with intent to commit sexual abuse;

●    Indecent contact with a child;

●    Sexual exploitation by a counselor;

●    Lascivious conduct with a minor;

●    Sexual exploitation by a school employee;

●    Enticing a minor under Iowa Code section 710.10; or

●    Human trafficking under Iowa Code section 710A.2;

3.    Incest involving a child as prohibited by Iowa Code section 726.2;

4.    Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code section

728.2;

5.    Telephone dissemination of obscene material to minors as prohibited by Iowa Code section

728.15;

6.  Any offense specified in the laws of another jurisdiction, or any offense that may be prosecuted in  a federal, military, or foreign court, that is comparable to an offense listed in subparagraph

25.3(1)“b”(1); or

7.   Any offense under prior laws of this state or another jurisdiction, or any offense under prior law that was prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in subparagraph 25.3(1)“b”(1).

(2)   Other criminal convictions and founded child abuse. In determining whether a person should be denied a license or whether a licensee should be disciplined based upon any other criminal conviction, including a conviction for an offense listed in 25.3(1)“b”(1) which occurred before July 1, 2002, or a founded report of abuse of a child, the board shall consider:

1.    The nature and seriousness of the crime or founded abuse in relation to the position sought;

2.    The time elapsed since the crime or founded abuse was committed;

3.    The degree of rehabilitation which has taken place since the crime or founded abuse was committed;

4.    The likelihood that the person will commit the same crime or abuse again;

5.    The number of criminal convictions or founded abuses committed; and

6.     Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.

c.     Sexual involvement or indecent contact with a student. Sexual involvement includes, but is not limited to, the following acts, whether consensual or nonconsensual: fondling or touching the inner thigh, groin, buttocks, anus or breasts of a student; permitting or causing to fondle or touch the practitioner’s inner thigh, groin, buttocks, anus, or breasts; or the commission of any sex act as defined in Iowa Code section 702.17.

d.   Sexual exploitation of a minor. The commission of or any conviction for an offense prohibited by Iowa Code section 728.12, Iowa Code chapter 709 or 18 U.S.C. Section 2252A(a)(5)(B).

e.  Student abuse. Licensees shall maintain professional relationships with all students, both inside and outside the classroom. The following acts or behavior constitutes unethical conduct without regard to the existence of a criminal charge or conviction:

(1)   Committing any act of physical abuse of a student;

(2)   Committing any act of dependent adult abuse on a dependent adult student;

(3)   Committing or soliciting any sexual or otherwise indecent act with a student or any minor;

(4)   Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student;

(5)   Furnishing alcohol or illegal or unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal or unauthorized drugs in the presence of the licensee;

(6)   Failing to report any suspected act of child or dependent adult abuse as required by state law; or

(7)   Committing or soliciting any sexual conduct as defined in Iowa Code section 709.15(3)“b” or soliciting, encouraging, or consummating a romantic relationship with any person who was a student within 90 days prior to any conduct alleged in the complaint, if that person was taught by the practitioner or was supervised by the practitioner in any school activity when that person was a student.

25.3(2) Standard II—alcohol or drug abuse. Violation of this standard includes:

a.     Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming illegal or unauthorized drugs or abusing legal drugs.

b.     Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming alcohol.

25.3(3) Standard III—misrepresentation, falsification of information. Violation of this standard includes:

a.   Falsifying or deliberately misrepresenting or omitting material information regarding professional qualifications, criminal history, college credit, staff development credit, degrees, academic award, or employment history when applying for employment or licensure.

b.   Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.

c.     Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.

d.     Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282—Chapter 20.

e.    Falsifying or deliberately misrepresenting or omitting material information regarding the evaluation of students or personnel, including improper administration of any standardized tests, including, but not limited to, changing test answers, providing test answers, copying or teaching identified test items, or using inappropriate accommodations or modifications for such tests.

25.3(4) Standard IV—misuse of public funds and property. Violation of this standard includes:

a.     Failing to account properly for funds collected that were entrusted to the practitioner in an educational context.

b.    Converting public property or funds to the personal use of the practitioner. 

c.    Submitting fraudulent requests for reimbursement of expenses or for pay. 

d.    Combining public or school-related funds with personal funds.

e.    Failing to use time or funds granted for the purpose for which they were intended.

25.3(5) Standard V—violations of contractual obligations. 

A.    Violation of this standard includes:

(1)   Signing a written professional employment contract while under contract with another school, school district, or area education agency.

(2)   Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract.  An administrator shall make a good faith effort to determine whether the practitioner has been released from the current contract.

(3)   Abandoning a written professional employment contract without prior unconditional release by the employer.

(4)   As an employer, executing a written professional employment contract with a practitioner, which requires the performance of duties that the practitioner is not legally qualified to perform.

(5)   As a practitioner, executing a written professional employment contract, which requires the performance of duties that the practitioner is not legally qualified to perform.

b.     In addressing complaints based upon contractual obligations, the board shall consider factors beyond the practitioner’s control. For purposes of enforcement of this standard, a practitioner will not be found to have abandoned an existing contract if:

(1)   The practitioner obtained a release from the employing board before discontinuing services under the contract; or

(2)   The practitioner provided notice to the employing board no later than the latest of the following dates:

1.    The practitioner’s last work day of the school year;

2.    The date set for return of the contract as specified in statute; or

3.    June 30.

25.3(6) Standard VI—unethical practice toward other members of the profession, parents, students, and the community. Violation of this standard includes:

a.    Denying the student, without just cause, access to varying points of view.

b.    Deliberately suppressing or distorting subject matter for which the educator bears responsibility.

c.     Failing to make reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.

d.     Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.

e.     Engaging in any act of illegal discrimination, or otherwise denying a student or practitioner participation in the benefits of any program on the grounds of race, creed, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.

f.     Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.

g.     Accepting gifts from vendors or potential vendors where there may be the appearance of or an actual conflict of interest.

h.     Intentionally disclosing confidential information including, but not limited to, unauthorized sharing of information concerning student academic or disciplinary records, health and medical information, assessment or testing results, or family income.  Licensees shall comply with state and federal laws and local school board policies relating to the confidentiality of student records, unless disclosure is required or permitted by law.

i.    Refusing to participate in a professional inquiry when requested by the board.

j.    Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.

k.     Failing to self-report to the board within 60 days any founded child abuse report, or any conviction for a criminal offense listed in 25.3(1)“b”(1) which requires revocation of the practitioner’s license.

l.    Delegating tasks to unqualified personnel.

m.  Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.

n.    Allowing another person to use one’s practitioner license for any purpose

o.   Performing services beyond the authorized scope of practice for which the individual is licensed or prepared or performing services without holding a valid license.

p.    Falsifying, forging, or altering a license issued by the board.

q.     Failure of the practitioner holding a contract under Iowa Code section 279.13 to disclose to the school official responsible for determining assignments a teaching assignment for which the practitioner is not properly licensed.

r.     Failure of a school official responsible for assigning licensed practitioners holding contracts under Iowa Code section 279.13 to adjust an assignment if the practitioner discloses to the official that the practitioner is not properly licensed for an assignment.

25.3(7) Standard  VII—compliance  with state law  governing obligations  to state or local governments, student loan obligations, child support obligations, and board orders. Violation of this standard includes:

a.    Failing to comply with 282—Chapter 8 concerning payment of debts to state or local governments.

b.    Failing to comply with 282—Chapter 9 concerning repayment of student loans. C.    Failing to comply with 282—Chapter 10 concerning child support obligations. D.    Failing to comply with a board order.

25.3(8) Standard VIII—incompetence. Violation of this standard includes, but is not limited to:

a.     Willfully or repeatedly departing from or failing to conform to the minimum standards of acceptable and prevailing educational practice in the state of Iowa.

b.     Willfully or repeatedly failing to practice with reasonable skill and safety.

 

   

Approved: _____

Reviewed: 08/19/2020

Revised: _____

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Jen@iowaschool… Sun, 07/14/2019 - 15:54

404.R2 CODE OF RIGHTS AND RESPONSIBILITIES REGULATION

404.R2 CODE OF RIGHTS AND RESPONSIBILITIES REGULATION

Code No. 404.R2

CODE OF RIGHTS AND RESPONSIBILITIES REGULATION REGULATION

 

 

CHAPTER 26
 

282—26.1 (272)  Purpose. The code of professional conduct and ethics in 282—Chapter 25 defines unprofessional and unethical conduct justifying disciplinary sanction. The board acknowledges that the discharge of professional obligations should occur in recognition of certain fundamental rights and responsibilities. Accordingly, the board recognizes the following rights and responsibilities of all educators licensed under Iowa Code chapter 272 and agrees that the exercise of these rights and responsibilities may present mitigating facts and circumstances in the board’s evaluation of allegations of unprofessional or unethical conduct.

 

282—26.2 (272) Rights. Educators licensed under Iowa Code chapter 272 have the following rights:

1.      The educator has a right to be licensed and endorsed under professional standards established and enforced by the board.

2.      The educator has a right to refuse assignments for which the educator is not legally authorized, in terms of holding a valid Iowa license with the appropriate endorsement(s) or approval(s).

3.      The educator has a right, subject to board and administrator authority, to exercise professional judgment in the evaluation, selection, and use of teaching methods and instructional materials appropriate to the needs, abilities, and background of each student.

 

282—26.3 (272) Responsibilities. Educators licensed under Iowa Code chapter 272 have the following responsibilities:

1.      The educator has a responsibility to maintain and improve the educator’s professional competence.

2.      The educator has a responsibility to accept only those assignments for which the educator is legally authorized.

3.      The educator has a responsibility to provide conditions that are conducive to teaching and student learning.

4.      The educator shall protect students from conditions harmful to learning or to health or safety.

5.      The educator shall not, without just cause, restrain a student from independent action in the pursuit of learning and shall not, without just cause, deny a student access to varying points of view.

6.      The educator shall not use professional relationships with students for personal advantage.

7.      The educator shall not discriminate against any student on the grounds of race, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.

8.      The educator shall accord just and equitable treatment to all members of the profession.

9.      The educator shall keep in confidence personally identifiable information regarding a student or the student’s family members that has been obtained in the course of professional service, unless disclosure is required by law or is necessary for the personal safety of the student or others.

10.    The educator who has reasonable basis to believe that a student has been abused, as defined by law, shall make all reports required by law and the Iowa Administrative Code and which are necessary to ensure the safety and well-being of the student.

11.    In the administration of discipline, the educator shall treat all students with respect and in compliance with all policies of the school district served by the educator.

12.    The educator shall provide accurate, truthful, and complete information to the board and to the local education system concerning all licensure transactions.

13.    The educator shall not refuse to participate in a professional inquiry, when requested by the board.

14.    The educator shall not require or direct another educator to violate any provisions of the code of professional conduct and ethics or any rights of a student, parent, educator or citizen.

15.    The educator shall not delegate assigned tasks to unqualified personnel.

 

Approved    8/19/2020

rmccartan@e-ha… Mon, 07/13/2020 - 14:09

405 LICENSED EMPLOYEE - GENERAL

405 LICENSED EMPLOYEE - GENERAL Jen@iowaschool… Sun, 07/14/2019 - 14:33

405.1 LICENSED EMPLOYEE DEFINED

405.1 LICENSED EMPLOYEE DEFINED

Licensed employees, including administrators, are those employees required to hold an appropriate license from the Iowa Department of Education for their position as required by the Board of Educational Examiners or others with professional licenses.  Licenses required for a position will be considered met if the employee meets the requirements established by the Iowa Department of Education.

It shall be the responsibility of the superintendent to establish job specifications and job descriptions for licensed employees' positions, other than the position of the superintendent.  Job descriptions may be approved by the board.

Licensed employees must present evidence of current license to the board secretary prior to payment of salary each year.

 

Legal Reference:    Clay v. Independent School District of Cedar Falls, 187 Iowa

    89, 174 N.W. 47 (1919).

    Iowa Code §§ 256.7(3); 272.6; 272A; 279.8; 294.1 (1999).

    282 I.A.C. 14.

    281 I.A.C. 12.4; 41.25.

    1940 Op. Att'y Gen. 375.

Cross Reference:    405.2    Licensed Employee Qualifications, Recruitment Selection

    410.1    Substitute Teachers

    411.1    Classified Employee Defined

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

Jen@iowaschool… Sun, 07/14/2019 - 15:56

405.2 LICENSED EMPLOYEE QUALIFICATIONS, RECRUITMENT, SELECTION

405.2 LICENSED EMPLOYEE QUALIFICATIONS, RECRUITMENT, SELECTION

Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," will have an opportunity to apply and qualify for licensed positions in the school district.  Job applicants for licensed positions will be considered on the basis of the following:

  • ∙    Training, experience, and skill;
  • ∙    Nature of the occupation;
  •      Demonstrated competence; and 
  • ∙    Possession of, or ability to obtain, state license if required for the position.

All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system. Additional announcements of the position may occur in a manner which the superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired.

The board will employ licensed employees after receiving a recommendation from the superintendent.  The superintendent, however, will have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.

NOTE:  Marital status is not a protected class for employees.  The class may be added at the discretion of the board. Boards may delegate the hiring of teachers to the superintendent.  If the board decides to do so, the delegation must be in board policy so boards should either accept the language in the board policy or develop their own.  For more detailed discussion of this issue, see IASB's Policy Primer, Vol. 19 #10 – June 8, 2007.

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

    42 U.S.C. §§ 2000e, 12101 et seq. 

    Iowa Code §§ 20; 35C; 216; 279.13 (2013).

    281 I.A.C. 12.

    282 I.A.C. 14.

    1980 Op. Att'y Gen. 367.

Cross Reference:    401.1    Equal Employment Opportunity

    405    Licensed Employees - General

    410.1    Substitute Teachers

Approved  2-17-16                     Reviewed     8-19-2020                  Revised   8-16-17  

Jen@iowaschool… Sun, 07/14/2019 - 15:56

405.3 LICENSED EMPLOYEE INDIVIDUAL CONTRACTS

405.3 LICENSED EMPLOYEE INDIVIDUAL CONTRACTS

The board will enter into a written contract with licensed employees, other than administrators, employed on a regular basis.

Each contract will be for a period of one year, beginning on July 1 and ending on June 30.

It shall be the responsibility of the superintendent to complete the contracts for licensed employees and present them to the board for approval.  The contracts, after being signed by the board president, shall be returned to the superintendent. The superintendent shall obtain the employee's signature.  After being signed, the contract shall be filed with the board secretary.

NOTE: By law, the board president must sign all employment contracts and must do so prior to the employee signing the contract. Individual teaching contracts cannot exceed one year.

Legal Reference:    Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).

    Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 467 (1927).

    Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).

    Iowa Code chs. 20; 279 (1999).

Cross Reference:    405.2    Licensed Employee Qualifications, Recruitment, Selection

    405.4    Licensed Employee Continuing Contracts

    407    Licensed Employee Termination of Employment

Approved     1/17/94          Reviewed     8/19/2020           Revised    1/22/01   

Jen@iowaschool… Sun, 07/14/2019 - 15:57

405.4 LICENSED EMPLOYEE CONTINUING CONTRACTS

405.4 LICENSED EMPLOYEE CONTINUING CONTRACTS

Contracts entered into with licensed employees, other than an administrator, will continue from year to year except as modified or terminated as provided by law. The board may issue temporary and non-renewable contracts in accordance with law. 

Licensed employees whose contracts will be recommended for termination by the board will receive due process as required by law. The superintendent shall make a recommendation to the board for the termination of the licensed employee's contract.

Licensed employees who wish to resign, to be released from a contract, or to retire must comply with applicable law and board policies. 

 

Legal Reference:    Ar-We-Va Community School District v. Long and Henkenius, 292 N.W.2d 402 (Iowa 1980).

    Bruton v. Ames Community School District, 291 N.W.2d 351 (Iowa 1980).

    Hartman v. Merged Area VI Community College, 270 N.W.2d 822 (Iowa 1978).

    Keith v. Community School District of Wilton in the Counties of Cedar and Muscatine, 262 N.W.2d 249 (Iowa 1978).

    Iowa Code §§ 272; 279

Cross Reference:    405.3    Licensed Employee Individual Contracts

    405.9    Licensed Employee Probationary Status

    407    Licensed Employee Termination of Employment

Approved     6/1/84            Reviewed     8-19-2020           Revised    8-16-17       

Jen@iowaschool… Sun, 07/14/2019 - 15:58

405.5 LICENSED EMPLOYEE WORK DAY

405.5 LICENSED EMPLOYEE WORK DAY

The work day for licensed employees will begin each day of the school year at a time established by the superintendent. Licensed employees who are employed only during the academic year will have the same work day as other licensed employees. “Day” is defined as one word day regardless of full-time or part-time status of an employee.

Licensed employees are to be in their assigned school building during the work day. Advance approval to be absent from the school building must be obtained from the principal whenever the licensed employees must leave the building during the work day.

The building principal is authorized to make changes in the work day in order to facilitate the education program. These changes are reported to the superintendent.

The work day is outlined in this policy as a minimum work day. Nothing in this policy prohibits licensed employees from working additional hours outside the work day.

Legal Reference:    Iowa Code §§ 20; 279.8 (1999).

Cross Reference:    200.3    Powers of the Board of Directors

Approved     1/25/71          Reviewed     8-19-2020        Revised   8-16-17                     

Jen@iowaschool… Sun, 07/14/2019 - 15:58

405.6 LICENSED EMPLOYEE ASSIGNMENT

405.6 LICENSED EMPLOYEE ASSIGNMENT

Determining the assignment of each licensed employee is the responsibility of and within the sole discretion of the board.  In making such assignments the board shall consider the qualifications of each licensed employee and the needs of the school district.

It shall be the responsibility of the superintendent to make recommendations to the board regarding the assignment of licensed employees.

 

Legal Reference:    Iowa Code §§ 20.9; 279.8 

Cross Reference:    200.3    Powers of the Board of Directors

Approved     2/13/78          Reviewed     8-19-2020          Revised    8-16-17         

Jen@iowaschool… Sun, 07/14/2019 - 15:59

405.7 LICENSED EMPLOYEE TRANSFERS

405.7 LICENSED EMPLOYEE TRANSFERS

Determining the location where an employee's assignment will be carried out is the responsibility and within the sole discretion of the board.  In making such assignments the board shall consider the qualifications of each licensed employee and the needs of the school district.

A transfer may be initiated by the employee, the principal, or the superintendent.

It shall be the responsibility of the superintendent to make recommendations to the board regarding the transfer of licensed employees.

 

Legal Reference:    Iowa Code §§ 20.9; 216.14; 279.8.

Cross Reference:    405.2    Licensed Employee Qualifications, Recruitment, Selection

    405.6    Licensed Employee Assignment

Approved     1/22/01          Reviewed   8-19-2020            Revised      8-16-17         

Jen@iowaschool… Sun, 07/14/2019 - 15:59

405.8 LICENSED EMPLOYEE EVALUATION

405.8 LICENSED EMPLOYEE EVALUATION

Evaluation of licensed employees on their skills, abilities, and competence shall be an ongoing process supervised by the building principals and conducted by approved evaluators.  The goal of the formal evaluation of licensed employees, other than administrators, but including extracurricular employees, shall be to improve the education program, to maintain licensed employees who meet or exceed the board's standards of performance, to clarify the licensed employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.

The formal evaluation criteria shall be in writing and approved by the board.  The formal evaluation shall provide an opportunity for the evaluator and the licensed employee to discuss the past year's performance and the future areas of growth.  The formal evaluation shall be completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file. This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence.

Licensed employees will be required to:

  • Demonstrate the ability to enhance academic performance and support for and implementation of the school district's student achievement goals.
  • Demonstrate competency in content knowledge appropriate to the teaching position.
  • Demonstrate competency in planning and preparation for instruction.
  • Use strategies to deliver instruction that meets the multiple learning needs of students.
  • Use a variety of methods to monitor student learning.
  • Demonstrate competence in classroom management.
  • Engage in professional growth.
  • Fulfill professional responsibilities established by the school district.

 

It shall be the responsibility of the superintendent to ensure licensed employees are evaluated.  New and probationary licensed employees shall be evaluated at least twice each year.

 

Legal Reference:    Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).

    Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).

    Iowa Code §§ 20.9; 279.14, 

    281 I.A.C. 12.3(4).

Cross Reference:    405.2    Licensed Employee Qualifications, Recruitment, Selection

    405.9    Licensed Employee Probationary Status

Approved     1/17/94          Reviewed     8-19-2020           Revised    8-19-2020     

Jen@iowaschool… Sun, 07/14/2019 - 16:00

405.9 LICENSED EMPLOYEE PROBATIONARY STATUS

405.9 LICENSED EMPLOYEE PROBATIONARY STATUS

The first three consecutive years of a licensed employee's contract shall be a probationary period unless the employee has already successfully completed the probationary period in an Iowa school district.  New employees who have successfully completed a probationary period in a previous Iowa school district will serve a two year probationary period. For purposes of this policy, an employee will have met the requirements for successfully completing a probationary period in another Iowa school district if, at the teacher’s most recent performance evaluation, the teacher received at least a satisfactory or better evaluation and the individual has not engaged in conduct which would disqualify the teacher for a continuing contract.   

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

 

Legal Reference:    Iowa Code § 279

Cross Reference:    405.4    Licensed Employee Continuing Contracts

                405.8    Licensed Employee Evaluation

Approved     1/18/99          Reviewed    8-19-2020    Revised   8-16-17    

Jen@iowaschool… Sun, 07/14/2019 - 16:01

406 LICENSED EMPLOYEE - COMPENSATION AND BENEFITS

406 LICENSED EMPLOYEE - COMPENSATION AND BENEFITS Jen@iowaschool… Sun, 07/14/2019 - 14:34

406.1 LICENSED EMPLOYEE COMPENSATION

406.1 LICENSED EMPLOYEE COMPENSATION

The board will establish compensation for licensed employees' positions keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other factors deemed relevant by the board.

It is the responsibility of the superintendent to make a recommendation to the board annually regarding licensed employee compensation.  The base wages of licensed employees are subject to review and modification through the collective bargaining process.

Note: Districts may choose to maintain a salary schedule but are only required to negotiate base wages as part of the collective bargaining process.

For more detailed discussion of this issue, see IASB’s Policy Primer, Vol. 25 #4 – May 1, 2017.

Note: Boards should adopt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.).

 

Legal Reference:         Iowa Code §§ 20.1, .4, .7, .9; 279.8.

Cross Reference:         405    Licensed Employees - General

                                   406.2 Licensed Employee Compensation Advancement

Approved:9-16-2020    Reviewed:      9-16-2020           Revised:_____________

Jen@iowaschool… Sun, 07/14/2019 - 16:01

406.2 LICENSED EMPLOYEE COMPENSATION ADVANCEMENT

406.2 LICENSED EMPLOYEE COMPENSATION ADVANCEMENT

The board will determine if licensed employees will advance in compensation for their licensed employees' positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

It is the responsibility of the superintendent to make a recommendation to the board for the advancement of licensed employees.

Note: Boards should adopt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.).

For more detailed discussion of this issue, see IASB’s Policy Primer, Vol. 25 #4 – May 1, 2017.

 

Legal Reference:           Iowa Code §§ 20.1, .4, .7, .9; 279.8.

Cross Reference:           405 Licensed Employees - General

                                    406 Licensed Employee Compensation and Benefits

Approved___9-16-2020        Reviewed___9-16-2020____       Revised________________  

Jen@iowaschool… Sun, 07/14/2019 - 16:02

406.3 LICENSED EMPLOYEE CONTINUED EDUCATION CREDIT

406.3 LICENSED EMPLOYEE CONTINUED EDUCATION CREDIT

Continued education on the part of licensed employees may entitle them to advancement in compensation.  Licensed employees who have completed additional hours may be considered for advancement. The board may determine which licensed employees will advance in compensation for continued education keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and any other items deemed relevant by the board.

Licensed employees who wish to obtain additional education for advancement must notify their supervisor by January 15th of the school year preceding the actual year when advancement occurs.  The superintendent has the discretion to approve credit outside the employee's area of endorsement or responsibility.

It is the responsibility of the superintendent to make a recommendation to the board for the advancement of a licensed employee.

Note: The law no longer requires a district to provide advancement for continued education credit. Districts may choose to maintain advancement for continued education credit but are only required to negotiate base wages as part of the collective bargaining process.

NOTE:  If the Master Contract is silent, school districts need to insert a deadline in this policy.  It is recommended the deadline be before budget certification so school districts can budget for the increase.  If the Master Contract contains a date, that date can be inserted in this policy.

Note: Boards should adopt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.).

For more detailed discussion of this issue, see IASB’s Policy Primer, Vol. 25 #4 – May 1, 2017.

 

Legal Reference:           Iowa Code §§ 20.1, .4, .7, .9; 279.8.

Cross Reference:           405 Licensed Employees - General

                                    406 Licensed Employee Compensation and Benefits

Approved 9-16-2020    Reviewed__9-16-2020__    Revised______________                

Jen@iowaschool… Sun, 07/14/2019 - 16:03

406.4 LICENSED EMPLOYEE COMPENSATION FOR EXTRA DUTY

406.4 LICENSED EMPLOYEE COMPENSATION FOR EXTRA DUTY

A licensed employee may volunteer or be required to take on extra duty, with the extra duty being secondary to the major responsibility of the licensed employee.  The board may, in its sole discretion, establish compensation for extra duty licensed employee positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

Vacant extra duty positions, for which extra compensation will be earned, will be posted to allow qualified licensed employees to volunteer for the extra duty.  If no licensed employee volunteers for extra duty, the superintendent will assign the extra duty positions to qualified licensed employees. The licensed employee will receive compensation for the extra duty required to be performed.

It is the responsibility of the superintendent to make a recommendation to the board annually as to which licensed employees will have the extra duty, and the compensation for extra duty, for the board's review.

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding compensation for extra duties of such employees shall be followed.

Note: Boards should adopt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.).

For more detailed discussion of this issue, see IASB’s Policy Primer, Vol. 25 #4 – May 1, 2017.

  

 

Legal Reference:           Iowa Code §§ 279.8, .13-.15, .19A-B.

Cross Reference:           405  Licensed Employees - General

                                    406  Licensed Employee Compensation and Benefits

Approved 9-16-2020   Reviewed__9-16-2020_   Revised___________

Jen@iowaschool… Sun, 07/14/2019 - 16:04

406.5 LICENSED EMPLOYEE GROUP BENEFITS

406.5 LICENSED EMPLOYEE GROUP BENEFITS

Licensed employees shall be eligible for group benefits.  The board as determined by the board and required by law. The board shall select the group benefit program and the insurance company or third party administrator which will provide or administer the program.

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer licensed employees who work an average of at least thirty (30) hours per week or one hundred (130) hours per month, based on the measurement method adopted by the board, with the minimum essential coverage that is both affordable and provides minimum value. The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees. 

Licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible participate in the group health plan. Licensed employees who work 30 hours per week are eligible to participate in other group plans that the district offers. Employers should maintain documents regarding eligible employee’s acceptance and rejection of coverage. 

Regular part-time employees who work less than 30 hours per week or 130 hours per month for health benefit purposes or employees who work less than 30 hours per week who wish to purchase coverage may participate in group benefit programs by meeting the requirements of the applicable plan. Full-time and regular part-time licensed employees who wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.

Licensed employees and their spouses and dependents may be allowed to continue coverage of the school district’s group health program if they cease employment with the district by meeting the  requirements of the plan.

This policy statement does not guarantee a certain level of benefits. The board shall have the authority and right to change or eliminate group insurance programs for its licensed employees.

 

Legal Reference:    Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B 

    Internal Revenue Service § 4980H(c)(4); Treas. Reg. §54.4980H-1(a)(21)(ii)

    Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Part

    1, 54 and 301, 78 Reg. 21`7, (Jan 2, 2013)

    Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Part

    1, 54 and 301, 79 Reg. 8543 (Feb 12, 2014)

Cross Reference:    405.1    Licensed Employee Defined

    706.2    Payroll Deductions

Approved      9-16-2020                Reviewed    9-16-2020             Revised       8-16-17    

Jen@iowaschool… Sun, 07/14/2019 - 16:05

406.6 This policy was eliminated 9/15/2008

406.6 This policy was eliminated 9/15/2008

This policy was eliminated 9/15/2008

Jen@iowaschool… Sun, 07/14/2019 - 16:05

407 LICENSED EMPLOYEE - TERMINATION OF EMPLOYMENT

407 LICENSED EMPLOYEE - TERMINATION OF EMPLOYMENT Jen@iowaschool… Sun, 07/14/2019 - 14:34

407.1 LICENSED EMPLOYEE RESIGNATION

407.1 LICENSED EMPLOYEE RESIGNATION

A licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the board for return of the contract.  This applies to regular contracts for the licensed employee's regular duties and for an extracurricular contract for extra duty. Resignations of this nature will be accepted by the board.

The board may require an individual who has resigned from an extracurricular contract to accept the resigned position for only the subsequent school year when the board has made a good faith effort to find a replacement and the licensed employee is continuing to be employed by the school district.

 

Legal Reference:    Iowa Code §§ 91A.2, .3, .5; 279.13, .19A (1999).

Cross Reference:    405.3    Licensed Employee Individual Contracts

            405.4    Licensed Employee Continuing Contracts

            407    Licensed Employee Termination of Employment

Approved     1/22/01          Reviewed   10-21-2020                    Revised                   

Jen@iowaschool… Sun, 07/14/2019 - 16:06

407.2 LICENSED EMPLOYEE CONTRACT RELEASE

407.2 LICENSED EMPLOYEE CONTRACT RELEASE

Licensed employees who wish to be released from an executed contract must give at least twenty-one days notice to the superintendent.  Licensed employees may be released at the discretion of the board. Only in unusual and extreme circumstances will the board release a licensed employee from a contract.  The board shall have sole discretion to determine what constitutes unusual and extreme circumstances.

Release from a contract shall be contingent upon finding a suitable replacement.  Licensed employees requesting release from a contract after it has been signed and before it expires may be required to pay the board up to $1,000 in teacher recruitment expenses incurred to locate and hire a suitable replacement.  Upon written mutual agreement between the employee and the superintendent, the costs may be deducted from the employee's salary. Payment of these costs shall be a condition for release from the contract at the discretion of the board.  Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.

The superintendent is authorized to file a complaint with the Board of Educational Examiners against a licensed employee who leaves without proper release from the board.  

 

Legal Reference:    Iowa Code §§ 216; 272; 279.13, .19A, .46 (1999).

    1978 Op. Att'y Gen. 247.

    1974 Op. Att'y Gen. 11, 322.

Cross Reference:    405.3    Licensed Employee Individual Contracts

    405.4    Licensed Employee Continuing Contracts

    407.3    Licensed Employee Retirement

Approved     11/12/79      Reviewed       10-21-2020                       Revised    1/22/01       

Jen@iowaschool… Sun, 07/14/2019 - 16:06

407.3 LICENSED EMPLOYEE RETIREMENT

407.3 LICENSED EMPLOYEE RETIREMENT

Licensed employees who will complete their current contract with the board may apply for retirement.  No licensed employee will be required to retire at a specific age.

Application for retirement will be considered made when the licensed employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board, the intent of the employee to retire.  The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent. Applications made after the date set by the board for the return of the employee's contract to the board may be considered by the board if special circumstances exist.  It shall be within the discretion of the board to determine whether special circumstances exist.

Board action to approve a licensed employee's application for retirement shall be final and such action constitutes nonrenewal of the employee's contract for the next school year.

Licensed employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.

Licensed employees and their spouse and dependents shall be allowed to continue coverage in the school district's group health insurance program at their own expense by meeting the requirements of the insurer.

 

Legal Reference:    Iowa Code §§ 97B; 216; 279.46 (1999).

    581 I.A.C. 21.

    1978 Op. Att'y Gen. 247.

    1974 Op. Att'y Gen. 11, 322.

Cross Reference:    401.14    Recognition for Service of Employees

    407.4    Licensed Employee Early Retirement

Approved        1/22/01               Reviewed   10-21-2020    Revised                   

Jen@iowaschool… Sun, 07/14/2019 - 16:07

407.4 LICENSED EMPLOYEE SUSPENSION

407.4 LICENSED EMPLOYEE SUSPENSION

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

In the event of a suspension, appropriate due process shall be followed.

 

Legal Reference:    Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (Iowa 1987).

    McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).

    Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (1999).

Cross Reference:    404    Employee Conduct and Appearance

    407    Licensed Employee Termination of Employment

Approved     111/20/89          Reviewed   10-21-2020           Revised     1/22/01      

Jen@iowaschool… Sun, 07/14/2019 - 16:07

407.5 LICENSED EMPLOYEE REDUCTION IN FORCE

407.5 LICENSED EMPLOYEE REDUCTION IN FORCE

The board has the exclusive authority to determine the appropriate number of licensed employees.  A reduction of licensed employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, and other reasons deemed relevant by the board.

The reduction in licensed employees, other than administrators, will be done through normal attrition if possible.  If normal attrition does not meet the necessary reduction in force required, the board may terminate licensed employees.

It shall be the responsibility of the superintendent to make a recommendation for termination to the board.  The process for reduction in force shall be as follows:

    Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing;

    Relative skills, ability and demonstrated performance;

    Qualifications for co-curricular programs; and

    Number of continuous years of service to the school district.  This will be considered only when the foregoing factors are relatively equal between licensed employees.

Due process for terminations due to a reduction in force shall be followed.

 

Legal Reference:    Iowa Code §§ 

Cross Reference:    407.5    Licensed Employee Suspension

    413.6    Classified Employee Reduction in Force

    703    Budget

Approved     1/22/01          Reviewed   10-21-2020           Revised      8-16-17         

Jen@iowaschool… Sun, 07/14/2019 - 16:08

407.6 LICENSED PERSONNEL EARLY RETIREMENT

407.6 LICENSED PERSONNEL EARLY RETIREMENT

The Board of Education of Emmetsburg Community School District realizes the benefits its students and teachers will derive in having a staff with a balance of experienced employees and beginning employees.  The District will benefit by having a gradual rotation of employees. 

The Emmetsburg Community School District will provide payments as specified in board policy exhibit 407.6E1 to approved licensed employees who apply for voluntary early retirement and meet the eligibility and application requirements for this policy. The final decision on the acceptance of the early retirement application rests solely with the Emmetsburg Community School District Board of Directors. 

A.   Eligibility Requirements:   

  1. Licensed employee possesses an Iowa Code Chapter 279 employment contract with Emmetsburg Community School District and must be a full-time employee.  Full-time licensed employees are licensed employees who work 40 hours per week and who are currently actively performing their assigned duties in the Emmetsburg Community School District. 

  2. Licensed employees have reached age fifty-five (55) or will attain age fifty-five (55) on or before the actual date of retirement, which shall not be later than June 30, 2023, unless otherwise agreed to by parties.

  3. Licensed employee has completed or will complete at the end of the 2022-23 school year at least fifteen/twenty (15/20) years of consecutive contracted service as a licensed employee in the Emmetsburg Community School District. Consecutive employment must be without any voluntary interruptions of service. Absences due to reductions in force or due to approved leaves will not constitute a voluntary interruption in service, unless the absence or leave exceeds twenty-four (24) consecutive months in length. However, the period of time during which an employee is absent due to a reduction in force or due to an approved leave will not be counted for purposes of determining the minimum length of service required to establish eligibility.

  4. The licensed employee is not subject to discharge for cause or has not been discharged from employment by the Emmetsburg Community School District, except if due to staff reduction.

  5. The licensed employee has not previously received early retirement benefits from the Emmetsburg Community School District.

B.  Application Requirements. 

1. Licensed employees wishing to apply for voluntary early retirement may do so                               immediately after the Board adopts the policy and must submit the attached application to             the Board Secretary with a letter of resignation on or before 3:30 p.m. on December 22, 2022.             No late applications will be considered. The Emmetsburg Community School Board of                   Directors reserves the right to limit the number of approved applications for early                           retirement. If the Board determines, in its sole and complete discretion, that it will be                     necessary to limit the number of approved applications the Board will use a process                     based on the date and time of each individual application for early retirement using the                 earliest application filed as the starting point and then moving forward chronologically first             to last, until the established number to be accepted is reached. If there is a tie between or             among employees using the first-come, first-served basis rule because more than the set             number of applications are received on the same date and time, the tie will be broken by               using School District seniority of employees and the most senior employee(s) will be                     granted early retirements benefits.

2.  The licensed employee must retire by June 30, 2023, unless an alternative retirement date             is mutually agreed upon by the parties.

3.  An employee’s application for early retirement benefits is not, in itself, a resignation of a                 contract with the School District nor does it require the Board to accept the application.          However, acceptance by the Board of an employee’s application for early retirement will               be considered a voluntary resignation and termination of his/her continuing contract.  If the Board does not accept the employee’s application, the employee’s contract will                       continue in effect.

C.  Benefits

  1. Basic Terms

    1. Early retirement benefits are offered as an inducement to, and consequence of, retirement and are not to be construed as a continuation of salary

    2. In the event of death of the employee after July 1, of the completion of the retirement fiscal year, but prior to payment of the cash benefit, if any, by the School District, any balance shall be paid to the employee’s designated beneficiary or estate. The District shall not make any cash benefit payment, if any, if the employee dies before July 1, of the completion of the retirement fiscal year, even though the early retirement may have been approved. 

  2. Continuation of Insurance

    1. As provided by Iowa Code Section 509A.13, the employee retiring under the early retirement program may be eligible to continue participation in the School District’s group insurance plan at the School District’s expense for a single employee policy up to a maximum benefit amount of $10,000 per fiscal year.  If the single policy premium in a fiscal year exceeds $10,000, or if the retiree elects family insurance coverage, the retiree employee will be responsible for the difference.  An employee who wishes to continue participation in the School District’s group insurance plan must be less than 65 years of age or not yet eligible for Medicare, must meet the requirements of the insurer and must pay the monthly premium amount, if applicable, in full to the board secretary prior to the due date for the School District’s premium payment to the insurer, if any is due.

    2. More specific information regarding the insurance benefit is outlined in the attached Exhibit.

    3. Nothing herein shall limit the School District's ability to change the terms of its existing health and major medical insurance plan.  This policy in no way guarantees that a participating Employee will be provided any certain level of benefits during the time of the Employee’s/retiree’s participation in the insurance benefits portion of the early retirement program.

  3. Benefit Payment

    1. An eligible employee who is approved for early retirement shall receive:

      1. A total cash benefit of $45,000 payable over a three-year period with $20,000 paid in Year 1, $15,000 paid in Year 2 and $10,000 paid in Year 3.

      2. Payout of unused sick days available as of June 30, 2022 at a rate of $50.00 per day (payable in July 2023).

      3. See attached Exhibit for timing of payments.

  4. Taxes

    1. Employees are advised to seek independent advice with regard to tax or financial consequences associated with any action taken by them under this plan.

  5. Review

The Emmetsburg Community School District Board of Directors has complete discretion to offer or not to offer an early retirement plan for licensed employees.  The Board may discontinue the School District’s early retirement plan at any time. The Early Retirement Policy will be in effect for the 2022-23 school year only.

  1. Benefits allowed individuals for a previously approved early retirement application shall continue in effect if the early retirement policy is discontinued by the Emmetsburg Community School District Board of Directors.

  2. Licensed employees may continue on the School District’s health insurance policy until they reach Medicare eligibility. The cost of the policy will remain with the School District up to a maximum annual amount of $10,000.

  3. Licensed employees may elect a family policy at the employee’s expense as long as the plan is a continuance of their current plan. The Board of Directors reserves the right to modify the policies, its carrier and benefits administrator offered within the district.

  4. A licensed employee who elects to participate in the School District’s early retirement program will become a retired employee and will be entitled to all rights and privileges of an employee under applicable law and policies of Emmetsburg Community School District.  Licensed employees who elect to participate in the early retirement program shall not  seek application for future employment with the Emmetsburg Community School District.  However, the District may hire a licensed employee who elects to participate in the early retirement program as a substitute teacher or other eligible position at the discretion of the superintendent. Any benefits not provided by this policy that were previously given during employment are forfeited upon return of employment as a substitute employee.

     5.The Board reserves the right to waive any requirement or condition of this policy at its                  discretion and at any time.  Any decision by the Board to waive a requirement or condition            which is a part of this policy shall not establish any precedent with regard to any other                  request for a waiver.

     6. This plan shall terminate on June 30, 2023.  Notwithstanding the termination of this plan,               employees who are granted benefits pursuant to this plan will continue to receive such                 benefits as set forth herein.

     7. The adoption of this Early Retirement Plan shall not vest any right in any employee                       whether or not the employee is currently eligible for early retirement.  The Board shall have           the complete discretion to amend or repeal this plan or any provisions thereof at any time             with or without notice and shall not be obligated to provide any benefits to any employee               after the date of such amendment or repeal, except to those employees whose early                     retirement pursuant to this plan has commenced prior to amendment or repeal.

     8. Should any portion of this policy be in conflict with state or federal rules, regulations or                 laws, that portion of the policy shall be invalid, and all other portions remain in full force                 and effect. Any decision by the Board to waive a requirement or condition which is part of             this policy shall not establish any precedent with regard to future requests for a waiver.

     9. The Board is the final arbiter of all questions of interpretation under this plan, including but           not limited to, questions of eligibility or benefit calculations.

Approved     1/22/01         Reviewed  9/16/15            Revised 11/22/22

Jen@iowaschool… Sun, 07/14/2019 - 16:09

407.6E1 LICENSED PERSONNEL - EARLY RETIREMENT EARLY RETIREMENT APPLICATION AND AGREEMENT, COVENANT NOT TO APPLY AND WAIVER OF LIABILITY CLAIMS

407.6E1 LICENSED PERSONNEL - EARLY RETIREMENT EARLY RETIREMENT APPLICATION AND AGREEMENT, COVENANT NOT TO APPLY AND WAIVER OF LIABILITY CLAIMS

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                                                       

Jen@iowaschool… Sun, 07/14/2019 - 19:19

408 LICENSED EMPLOYEE - PROFESSIONAL GROWTH

408 LICENSED EMPLOYEE - PROFESSIONAL GROWTH Jen@iowaschool… Sun, 07/14/2019 - 14:34

408.1 LICENSED EMPLOYEE PROFESSIONAL DEVELOPMENT

408.1 LICENSED EMPLOYEE PROFESSIONAL DEVELOPMENT

The board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills.  The board shall maintain and support an in-service program for licensed employees.

Requests for attendance or participation in a development program, other than those development programs sponsored by the school district, shall be made to the building principal.  Approval of the superintendent must be obtained prior to attendance by a licensed employee in a professional development program when the attendance would result in the licensed employee being excused from their duties or when the school district pays the expenses for the program.

The superintendent shall have sole discretion to allow or disallow licensed employees to attend or participate in the requested event.  When making this determination, the superintendent will consider the value of the program for the licensed employee and the school district, the effect of the licensed employee's absence on the education program and school district operations and the school district's financial situation as well as other factors deemed relevant in the judgment of the superintendent.  Requests that involve unusual expenses or overnight travel must also be approved by the board.

 

Legal Reference:    Iowa Code § 279.8 

    281 I.A.C. 12.7; 83.6.

Cross Reference:    405.10    Licensed Employee Organization Affiliation

    414.10    Classified Employee Professional Purposes Leave

Approved      1/22/01         Reviewed    11-18-2020             Revised       8-16-17        

Jen@iowaschool… Sun, 07/14/2019 - 19:21

408.2 LICENSED EMPLOYEE PUBLICATION OR CREATION OF MATERIALS

408.2 LICENSED EMPLOYEE PUBLICATION OR CREATION OF MATERIALS

Materials created by licensed employees and the financial gain there from shall be the property of the school district if school materials and time were used in their creation and/or such materials were created in the scope of the licensed employee's employment.  The licensed employee must seek prior written approval of the superintendent concerning such activities.

 

Legal Reference:    Iowa Code § 279.8 (1999).

Cross Reference:    401.3    Employee Conflict of Interest

    606.6    Student Production of Materials and Services

Approved     1/17/94          Reviewed     11/18/2020           Revised    1/22/01       

Jen@iowaschool… Sun, 07/14/2019 - 19:21

408.3 LICENSED EMPLOYEE TUTORING

408.3 LICENSED EMPLOYEE TUTORING

Every effort will be made by the licensed employees to help students with learning problems before recommending that the parents engage a tutor.  Since there are exceptional cases when tutoring will help students overcome learning deficiencies, tutoring by licensed employees may be approved by the superintendent.

Licensed employees may only tutor students other than those for whom the teacher is currently exercising teaching, administrative or supervisory responsibility unless approved by the superintendent.

Tutoring for a fee may not take place within school facilities or during regular school hours unless approved by the superintendent.

 

Legal Reference:    Iowa Code §§ 20.7; 279.8 (1999).

Cross Reference:    401.3    Employee Conflict of Interest

    402.7    Employee Outside Employment

Approved     1/22/01          Reviewed   11/18/2020                     Revised                   

Jen@iowaschool… Sun, 07/14/2019 - 19:22

409 LICENSED EMPLOYEE - VACATIONS AND LEAVES OF ABSENCE

409 LICENSED EMPLOYEE - VACATIONS AND LEAVES OF ABSENCE Jen@iowaschool… Sun, 07/14/2019 - 14:34

409.1 LICENSED EMPLOYEE VACATION - HOLIDAYS - PERSONAL LEAVE

409.1 LICENSED EMPLOYEE VACATION - HOLIDAYS - PERSONAL LEAVE

 

Policy 409.1 EMPLOYEE VACATION - HOLIDAYS 

The board will determine the amount of vacation and holidays that will be allowed on an annual basis for employees.

It is the responsibility of the superintendent to make a recommendation to the board annually on vacations and holidays for employees.

  

 

Legal Reference:

Iowa Code §§ 1C4.1(34); 20.9.

Cross Reference: 

601.1 School Calendar

                         

Approved    12/16/2020          Reviewed     12/16/2020    Revised      9-16-2020         

Jen@iowaschool… Sun, 07/14/2019 - 19:22

409.2 LICENSED EMPLOYEE PERSONAL ILLNESS LEAVE

409.2 LICENSED EMPLOYEE PERSONAL ILLNESS LEAVE

The board will offer the following leave to full-time regular licensed employees:

  • Personal Illness (Sick) Leave – Leave for medically-related disability or illness
  • Family Sick Leave- Leave to care for a sick member of the employee’s immediate family (using the personal sick leave balance)
  • Bereavement Leave – Leave to mourn the loss of a family member or close friend
  • Adoption Leave – Leave for an employee who legally adopts a child
  • Personal Leave – Leave to accomplish personal business that cannot be conducted outside the work day
  • Jury Duty Leave – Leave to be excused for jury duty
  • Military Leave – Leave for military service, including the national guard
  • Political Leave – Leave to run for elective public office

The board will offer the following leave to full-time regular classified employees:

  • Personal Illness (Sick) Leave – Leave for medically-related disability or illness
  • Family Sick Leave – Leave to care for a sick member of the employee’s immediate family (using the personal sick leave balance)
  • Bereavement Leave – Leave to mourn the loss of a family member or close friend
  • Adoption Leave – Leave for an employee who legally adopts a child
  • Personal Leave – Leave to accomplish personal business that cannot be conducted outside the work day
  • Jury Duty Leave – Leave to be excused for jury duty
  • Military Leave – Leave for military service, including the national guard
  • Political Leave – Leave to run for elective public office

The provisions of each leave offering will be detailed in the Employee Handbook.

Leave offered by the district will not be less than what is required by law. In the event of an emergency or unforeseen circumstance, the superintendent may authorize additional paid leave.

Legal Reference:

29 U.S.C. §§ 2601 et seq.

Pub.L. 116–127

29 C.F.R. §§ 825826.

Iowa Code §§ 2085216279.40.

Iowa Code §§ 20; 29A5585216279.40607A.

Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).

Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

Cross Reference:

403.2 Employee Injury on the Job

409.3 Licensed Employee Family and Medical Leave

409.8 Licensed Employee Unpaid Leave

         

Approved     12/16/2020         Reviewed  4/21/21    Revised       12/16/2020    

Jen@iowaschool… Sun, 07/14/2019 - 19:23

409.2E1 EMERGENCY PAID SICK LEAVE REQUEST FORM UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

409.2E1 EMERGENCY PAID SICK LEAVE REQUEST FORM UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

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: ___________________

Employee Request for Leave at Full Pay

 

Employees satisfying one of the three standards noted below are eligible for two weeks of leave capped at 80 hours paid at the employee's full regular compensation rate. For a part-time employee it is the number of hours equal to the average number of hours that the employee works over a typical two-week period. Please select the applicable reason and follow the related instructions.

I am unable to work or telework for the following reasons:

___I am quarantined pursuant to Federal, State, or local government order.

___I am quarantined on the advice of a health care provider due to COVID-19 concerns.

___I am experiencing COVID-19 symptoms and seeking a medical diagnosis.

 

Please attach the applicable government order or documentation from medical provider corresponding to the item(s) selected.  If you are experiencing symptoms and seeking a medical diagnosis, please identify your symptoms and the date of your medical appointment.

 

Employee Request for Leave at 2/3 Pay

Employees satisfying one of the three standards noted below are eligible for two weeks of leave capped at 80 hours paid at the 2/3 of the employee's regular compensation rate. For a part-time employee it is the number of hours equal to the average number of hours that the employee works over a typical two-week period. Please select the applicable reason and follow the related instructions.

I am unable to work or telework for the following reasons:

___ I need to care for an individual subject to quarantine pursuant to Federal, State, or local government order or advice of a health care provider due to COVID-19. I represent that no other person will be providing care for the individual during the period for which the I am receiving Emergency Paid Sick Leave.

Please attach the applicable government order or documentation from medical provider

 

___ I am experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor.

Please attach the applicable government order or documentation from medical provider.

___ I am unable to work or telework because I need to care for my child under age 18 because my child's elementary or secondary school, childcare provider, or child's place of care has been closed or is unavailable due to COVID-19. During this period of unavailability or closure, I represent that no other person will be providing care for my child during the period for which I am receiving Emergency Paid Sick Leave.

If the age of one or more of the children is between 14 and 18, the following special circumstances exist requiring me to care for the child during daylight hours:

Please attach notice or documentation related to the unavailability of the school, daycare, place of care or person providing care to the child. The District reserves the right to request confirmation regarding the nature of the closure or unavailability.

lf you are requesting 2/3 paid leave in conjunction with Expanded Family Medical Leave to care for a child under the age of 18 affected by school or care closure due to COVID-19, please complete the “Expanded Family and Medical Leave Request Form’ to submit with this form.

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

rmccartan@e-ha… Mon, 07/13/2020 - 14:15

409.2E2 EXPANDED FAMILY AND MEDICAL LEAVE REQUEST FOR UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

409.2E2 EXPANDED FAMILY AND MEDICAL LEAVE REQUEST FOR UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

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.

Reason for Leave

Employees satisfying the standards below are eligible for 12 weeks* of leave. The first two weeks of the leave are unpaid unless the employee selects available options in the next box. The remaining 10 weeks of leave are paid at 2/3 of the employee's regular compensation rate unless other options are selected on this form. Please select the applicable reason and follow the related instructions.

I,                                               , request family and medical leave because I am unable to work or telework because I need to care for my child(ren) under 18 because my child(ren)’s elementary or secondary school, childcare provider, or child’s place of care has been closed or is unavailable due to COVID-19. During this period of unavailability or closure, I represent that no other person will be providing care for my child during the period for which I am receiving expanded family medical leave benefits.

If the age of one or more of the children is between 14 and 18, the following special circumstances exist requiring me to care for the child during daylight hours:                                                                     

Please attach notice or documentation related to the unavailability of the school, daycare, place of care or person providing care to the child. The District reserves the right to request confirmation regarding the nature of the closure or unavailability.

* An employee who qualifies for and utilizes the Emergency Paid Sick Leave provisions of the FFCRA, is entitled to an additional 10 weeks of Emergency FMLA.

Substitution of Paid Leave for the First Ten Days of Expanded Family Medical Leave

In accordance with the FFCRA, the first ten days of expanded family medical leave is unpaid, however you may be eligible to use Emergency Paid Sick Leave provided through the FFCRA to cover this period at 2/3 of full pay. In the event you have already used Emergency Paid Sick Leave, you are permitted to use available District-provided paid leave to cover this period at full pay. Please indicate if you would like to use paid leave during the first 10 days of your absence and how many hours you plan to use. Requested leave is subject to availability based on confirmation by the School District. If requesting Emergency Paid Sick Leave, please complete and submit an “Emergency Paid Sick Leave Request Form.”

 

___Emergency Sick Leave     ___Sick Leave    ___Personal Leave

Supplement 2/3 Pay with Accrued District Leave

Employees may choose to supplement the 2/3 pay provided through expanded family medical leave with accrued District leave to earn full compensation. Please indicate if you would like to use paid leave during your expanded family medical leave to supplement your 2/3 expanded family medical leave compensation. Requested leave is subject to availability based on confirmation by the District.

___Emergency Sick Leave     ___Sick Leave    ___Personal Leave

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

rmccartan@e-ha… Mon, 07/13/2020 - 14:19

409.3 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE

409.3 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE

Unpaid family and medical leave will be granted up to 12 weeks per year, to assist employees in balancing family and work life.  For purposes of this policy, year is defined as a fiscal year. Requests for family and medical leave shall be made to the superintendent.  

Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.  Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave. It shall be the responsibility of the superintendent to develop administrative rules to implement this policy.  

 

Legal Reference:    Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).

    26 U.S.C. §§ 2601 et seq. (Supp. 1994)

    29 C.F.R. Pt. 825 (1999).

    Iowa Code §§ 20; 85; 216; 279.40 

Cross Reference:    409.2    Licensed Employee Personal Illness Leave

    409.9    Licensed Employee Unpaid Leave

    414.3    Classified Employee Family and Medical Leave

Approved    1/22/01           Reviewed   8-19-2020             Revised       8-16-17          

Jen@iowaschool… Sun, 07/14/2019 - 19:23

409.3E1 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

409.3E1 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

(FORM ATTACHED)

 

 

Jen@iowaschool… Sun, 07/14/2019 - 19:24
File Attachments

409.3E2 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

409.3E2 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

(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.

Details of the needed intermittent leave:

 

 

 

          I anticipate returning to work at my regular schedule on                                   .

         reduced work schedule for the:

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

Details of needed reduction in work schedule as follows:

 

 

 

I anticipate returning to work at my regular schedule on                                  .

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

         

Signed

 

 

 

Date

 

     

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

            

 

Jen@iowaschool… Sun, 07/14/2019 - 19:25

409.3E3 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM

409.3E3 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM

(FORM ATTACHED)

 

 

Jen@iowaschool… Sun, 07/14/2019 - 19:26
File Attachments

409.3E4 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST WORKSHEET

409.3E4 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST WORKSHEET

(FORM ATTACHED)

 

 

Jen@iowaschool… Sun, 07/14/2019 - 19:26
File Attachments

409.3R1 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REGULATION

409.3R1 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REGULATION

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                 

Jen@iowaschool… Sun, 07/14/2019 - 19:30

409.3R2 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

409.3R2 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

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               

Jen@iowaschool… Sun, 07/14/2019 - 19:33

409.4 LICENSED EMPLOYEE BEREAVEMENT LEAVE - RESCINDED

409.4 LICENSED EMPLOYEE BEREAVEMENT LEAVE - RESCINDED

In the event of a death of a member of a licensed employee's immediate family, bereavement leave may be granted.  Bereavement leave may be granted to a licensed employee for no more than ten days, with "day" being defined as one work day regardless of full-time or part-time status of the employee, per occurrence, for the death of a member of the immediate family.  The immediate family includes child, spouse, parent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent of the employee, grand children, stepmother, step father, aunt, uncle, nephew, niece, spouses grandparents, and any other member of the immediate household.

 

No more than one day of bereavement leave per year will be granted for the death of a close friend or other relative not listed above.

 

It shall be within the discretion of the superintendent to determine the number of bereavement leave days to be granted.

Legal Reference:    Iowa Code §§ 20.9; 279.8 (1999).

Cross Reference:    409    Licensed Employee Vacations and Leaves of Absence

Approved    1/22/01           Reviewed   RESCINDED 1-20-2021    Revised       8-17-17  

Jen@iowaschool… Wed, 07/31/2019 - 10:18

409.5 LICENSED EMPLOYEE POLITICAL LEAVE - RESCINDED

409.5 LICENSED EMPLOYEE POLITICAL LEAVE - RESCINDED

The board will provide a leave of absence to licensed employees to run for elective public office.  The superintendent shall grant a licensed employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The licensed employee will be entitled to one period of leave to run for the elective public office, and the leave may commence within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the superintendent of schools at least thirty days prior to the starting date of the requested leave.

 

Legal Reference:    Iowa Code ch. 55 (1999).

Cross Reference:    401.15        Employee Political Activity

    409    Licensed Employee Vacations and Leaves of Absence

Approved     1/22/01          Reviewed   RESCINDED 1-20-2021                   Revised                   

Jen@iowaschool… Wed, 07/31/2019 - 10:19

409.6 LICENSED EMPLOYEE JURY DUTY LEAVE - RESCINDED

409.6 LICENSED EMPLOYEE JURY DUTY LEAVE - RESCINDED

The board will allow licensed employees to be excused for jury duty unless extraordinary circumstances exist.  The superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service shall notify the direct supervisor  within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.  

Licensed employees will receive their regular salary.  Any payment for jury duty shall be paid to the school district.

 

Legal Reference:    Iowa Code §§ 20.9; 607A (1999).

Cross Reference:    409    Licensed Employee Vacations and Leaves of Absence

Approved     1/22/01           Reviewed   RESCINDED 1-20-2021                    Revised                   

Jen@iowaschool… Wed, 07/31/2019 - 10:20

409.7 LICENSED EMPLOYEE MILITARY SERVICE LEAVE - RESCINDED

409.7 LICENSED EMPLOYEE MILITARY SERVICE LEAVE - RESCINDED

The board recognizes licensed employees may be called to participate in the armed forces, including the national guard.  If a licensed employee is called to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.

The leave shall be without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

Legal Reference:    Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

    Iowa Code §§ 20; 29A.28 (1999).

Cross Reference:    409    Licensed Employee Vacations and Leaves of Absence

Approved     1/22/01          Reviewed   RESCINDED  1-20-2021                    Revised                   

Jen@iowaschool… Wed, 07/31/2019 - 10:21

409.8 LICENSED EMPLOYEE UNPAID LEAVE - RESCINDED

409.8 LICENSED EMPLOYEE UNPAID LEAVE - RESCINDED

Unpaid leave may be used to excuse an absence not provided for in other leave policies of the board.  Unpaid leave for licensed employees must be authorized by the superintendent.

The superintendent shall have complete discretion to grant or deny the requested unpaid leave.  In making this determination, the superintendent shall consider the effect of the employee's absence on the education program and school district operations, length of service, previous record of absence, the financial condition of the school district, the reason for the requested absence and other factors the superintendent believes are relevant to making this determination.

If unpaid leave is granted, the duration of the leave period shall be coordinated with the scheduling of the education program whenever possible to minimize the disruption of the education program and school district operations.

Whenever possible, licensed employees shall make a written request for unpaid leave 14 days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary shall be made unless they are waived specifically by the superintendent.

 

Legal Reference:    Iowa Code §§ 20; 85; 85A; 85B; 279.12; 509; 509A; 509B

Cross Reference:    409    Licensed Employee Vacations and Leaves of Absence

Approved     1/22/01          Reviewed    RESCINDED  1-20-2021             Revised      8-16-17

Jen@iowaschool… Wed, 07/31/2019 - 10:22

410 LICENSED EMPLOYEE - OTHER

410 LICENSED EMPLOYEE - OTHER Jen@iowaschool… Sun, 07/14/2019 - 14:35

410.1 SUBSTITUTE TEACHERS

410.1 SUBSTITUTE TEACHERS

The board recognizes the need for substitute teachers.  Substitute teachers shall be licensed to teach in Iowa.

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

Substitute teachers will be paid a per diem rate.  Substitutes employed for 10 or more consecutive days in the same position shall be paid according to the salary on BA-1 of the salary schedule.  Substitute licensed employees are expected to perform the same duties as the licensed employees.

 

Legal Reference:    Iowa Association of School Boards v. PERB, 400 N.W.2d 571 (Iowa 1987).

                                    Iowa Code §§ 20.1, .4(5), .9; Ch.272.

                                    281 I.A.C. 12.4.

Cross Reference:    405.1    Licensed Employee Defined

    405.2    Licensed Employee Qualifications, Recruitment, Selection

Approved     1/25/71          Reviewed     2/17/16           Revised     1/22/01   

Jen@iowaschool… Sat, 07/27/2019 - 17:17

410.2 SUMMER SCHOOL LICENSED EMPLOYEES

410.2 SUMMER SCHOOL LICENSED EMPLOYEES

It shall be within the discretion of the board to offer an education program during the summer recess.  Licensed employees who volunteer or who are appointed to deliver the summer education program shall be compensated in addition to their regular duties during the school academic year, unless such arrangements are made prior to determining the employee's compensation for the year.

Should the board determine a summer education program is necessary, licensed employees shall be given the opportunity to volunteer for the positions available.  If the board determines a course must be offered and no licensed employee volunteers for the position, the board will make the necessary arrangements to fill the position.  The board will consider applications from volunteers of current licensed employees in conjunction with other applications.

It shall be the responsibility of the superintendent to make a recommendation to the board regarding the need for and the delivery of the summer education program.

Legal Reference:    Iowa Code §§ 279.8; 280.14

Cross Reference:    603.2    Summer School Instruction

Approved     1/22/01          Reviewed 8-16-17     Revised     8-16-17              

Jen@iowaschool… Sat, 07/27/2019 - 17:18

410.3 TRUANCY OFFICER

410.3 TRUANCY OFFICER

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

The principal shall notify the truancy officer when a student is truant.  The truancy officer shall investigate the cause of a student's truancy and attempt to ensure the student's attendance.  The truancy officer may take the student into custody. A student taken into custody shall be placed in the custody of the principal.  The truancy officer shall attempt to contact the student's parents when the student is taken into custody.

 

Legal Reference:    Iowa Code §§ 299.10-.11, .15 (1999).

Cross Reference:    501.10    Truancy - Unexcused Absences

Approved     1/22/01          Reviewed   2/17/16                     Revised                   

Jen@iowaschool… Sat, 07/27/2019 - 17:19

410.4 PARAEDUCATORS

410.4 PARAEDUCATORS

The board may employ paraeducators or other instructional support personnel to assist licensed personnel in nonteaching duties, including, but not limited to:

        managing and maintaining records, materials and equipment;

        attending to the physical needs of children; and

        performing other limited services to support teaching duties when such duties are determined and directed by the teacher.

It shall be the responsibility of the principal to supervise paraeducators and other instructional support personnel.

 

Legal Reference:    Iowa Code §§ 279.8; 280.3, .14 (1999).

    281 I.A.C. 12.4(9); .5(9).

Cross Reference:    411.2    Classified Employee Qualifications, Recruitment, Selection

Approved    1/22/01           Reviewed   2/17/16                     Revised                   

Jen@iowaschool… Sat, 07/27/2019 - 17:20

411 CLASSIFIED EMPLOYEE - GENERAL

411 CLASSIFIED EMPLOYEE - GENERAL Jen@iowaschool… Sun, 07/14/2019 - 14:35

411.1 CLASSIFIED EMPLOYEE DEFINED

411.1 CLASSIFIED EMPLOYEE DEFINED

Classified employees are employees who are not administrators or employees in positions which require a teaching license issued by the Iowa Board of Educational Examiners and who are employed to fulfill the duties listed on their job description on a monthly or hourly basis.  Classified employees shall include, but not be limited to, teacher and classroom aides, custodial and maintenance employees, clerical employees, food service employees, bus drivers, and temporary help for summer or other maintenance. The position may be full-time or part-time.

It shall be the responsibility of the superintendent to establish job specifications and job descriptions for classified employee positions.  Job descriptions may be approved by the board.

Classified employees required to hold a license for their position must present evidence of their current license to the board secretary prior to payment of wages each year.

 

Legal Reference:    Iowa Code §§ 20; 279.8 

Cross Reference:    405.1    Licensed Employee Defined

    411.2    Classified Employee Qualifications, Recruitment, Selection

    412.3    Classified Employee Group Insurance Benefits

Approved    1/25/71            Reviewed    8-16-17          Revised    8-16-17                  

Jen@iowaschool… Sat, 07/27/2019 - 17:21

411.2 CLASSIFIED EMPLOYEE - QUALIFICATIONS, RECRUITMENT, SELECTION

411.2 CLASSIFIED EMPLOYEE - QUALIFICATIONS, RECRUITMENT, SELECTION

Persons interested in a classified employee position will have an opportunity to apply and qualify for classified employee positions in the school district in accordance with applicable laws and school district policies regarding equal employment without regard to age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability.  Job applicants for classified employee positions will be considered on the basis of the following:

∙    Training, experience, and skill;

∙    Nature of the occupation;

∙    Demonstrated competence; and 

∙    Possession of, or ability to obtain, state or other license or certificate, if required, for the position.

All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system.  Additional announcements of the position may occur through means the superintendent believes will inform potential applicants about the position.  Whenever possible, the preliminary screening of applicants will be conducted by the administrator who directly supervises and oversees the position.

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

 

NOTE: This is a mandatory policy.  The board has the authority to delegate hiring of classified staff to the superintendent if it is stated in board policy.  The board has to specify in policy the classified positions the superintendent is authorized to hire.   

 

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

            42 U.S.C. §§ 2000e; 12101 et seq. 

            Iowa Code §§ 20; 35C; 216; 256.27; 279.8; 279.20

            281 I.A.C. 12

Cross Reference:    401.1    Equal Employment Opportunity

            411    Classified Employees - General

Approved    1/25/71            Reviewed    2/15/17    Revised       1/22/01   

Jen@iowaschool… Sat, 07/27/2019 - 17:22

411.3 CLASSIFIED EMPLOYEE CONTRACTS

411.3 CLASSIFIED EMPLOYEE CONTRACTS

The board may enter into written contracts with classified employees employed on a regular basis.  The contract will state the terms of employment.

Each contract shall include a thirty-day cancellation clause.  Either the employee or the board must give notice of the intent to cancel the contract at the end of thirty days.  This notice will not be required when the employee is terminated during a probationary period or for just cause.

Classified employees shall receive a job description stating the performance responsibilities of their position.

It shall be the responsibility of the superintendent to draw up and process the classified employee contracts and present them to the board for approval.  The contracts, after being signed by the board president, shall be filed with the board secretary.

Legal Reference:    Iowa Code §§ 20; 279.7A; 285.5(9) (1999).

Cross Reference:    411    Classified Employees - General

    412.1    Classified Employee Compensation

    412.2    Classified Employee Wage and Overtime Compensation

    413    Classified Employee Termination of Employment

Approved    1/25/71            Reviewed    3/16/16    Revised        1/22/01              

Jen@iowaschool… Sat, 07/27/2019 - 17:23

411.4 CLASSIFIED EMPLOYEE LICENSING/CERTIFICATION

411.4 CLASSIFIED EMPLOYEE LICENSING/CERTIFICATION

Classified employees who require a special license or other certification shall keep them current at their own expense.  Licensing requirements needed for a position will be considered met if the employee meets the requirements established by law for the position.

 

Legal Reference:    Iowa Code §§ 272.6; 285.5(9) 

    281 I.A.C. 12.4(10); 36; 43.

Cross Reference:    411.2    Classified Employee Qualifications, Recruitment, Selection

Approved    1/22/01           Reviewed   8-16-17    Revised   8-16-17                

Jen@iowaschool… Sat, 07/27/2019 - 17:24

411.5 CLASSIFIED EMPLOYEE ASSIGNMENT

411.5 CLASSIFIED EMPLOYEE ASSIGNMENT

Determining the assignment of each classified employee is the responsibility of the superintendent and within the sole discretion of the board.  In making such assignments each year the superintendent shall consider the qualifications of each classified employee and the needs of the school district.

 

It shall be the responsibility of the superintendent to assign classified employees and report such assignments to the board.

 

Legal Reference:    Iowa Code §§ 20; 279.8 (1999).

Cross Reference:    200.3    Powers of the Board of Directors

    411.6    Classified Employee Transfers

Approved    3/13/78            Reviewed    3/16/16    Revised     1/22/01  

Jen@iowaschool… Sat, 07/27/2019 - 17:25

411.6 CLASSIFIED EMPLOYEE TRANSFERS

411.6 CLASSIFIED EMPLOYEE TRANSFERS

Determining the location where a classified employee's assignment will be performed is the responsibility of the superintendent and within the sole discretion of the board.  In making such assignments each year the superintendent shall consider the qualifications of each classified employee and the needs of the school district.

A transfer may be initiated by the employee, the principal or the superintendent.

It shall be the responsibility of the superintendent to transfer classified employees and report such transfers to the board.

 

Legal Reference:    29 U.S.C. §§ 621-634 (1994).

    42 U.S.C. §§ 2000e et seq. (1994)

    42 U.S.C. §§ 12101 et seq. (1994).

    Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1 (1999).

Cross Reference:    411.2    Classified Employee Qualifications, Recruitment, Selection

411.5    Classified Employment Assignment

Approved     3/13/98          Reviewed    3/16/16            Revised       1/22/01             

Jen@iowaschool… Sat, 07/27/2019 - 17:26

411.7 CLASSIFIED EMPLOYEE EVALUATION

411.7 CLASSIFIED EMPLOYEE EVALUATION

Evaluation of classified employees on their skills, abilities, and competence shall be an ongoing process supervised by the superintendent or building principal.  The goal of the formal evaluation of classified employees shall be to maintain classified employees who meet or exceed the board's standards of performance, to clarify each classified employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.

It shall be the responsibility of the superintendent to ensure classified employees are formally evaluated annually.  New and probationary classified employees shall be formally evaluated at least twice a year.

 

Legal Reference:    Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).

    Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).

    Iowa Code §§ 20.9; 279.14 (1999).

    281 I.A.C. 12.3(4).

Cross Reference:    411.2    Classified Employee Qualifications, Recruitment, Selection

    411.8    Classified Employee Probationary Status

Approved    1/25/71            Reviewed    3/16/16            Revised       1/22/01              

Jen@iowaschool… Sat, 07/27/2019 - 17:26

411.8 CLASSIFIED EMPLOYEE PROBATIONARY STATUS

411.8 CLASSIFIED EMPLOYEE PROBATIONARY STATUS

The first year of a newly employed classified employee's contract shall be a probationary period.  "Day" shall be defined as one work day regardless of full-time or part-time status of the employee.  New employees, regardless of experience, shall be subject to this probationary period.

"New" employees includes individuals who are being hired for the first time by the school district and those who may have been employed by the school district in the past, but have not been employed by the board during the school year prior to the one for which contracts are being issued.

Only the board, in its discretion, may waive the probationary period.

 

Legal Reference:    Iowa Code §§ 20; 279.8 (1999).

Cross Reference:    411.3    Classified Employee Contracts

    411.7    Classified Employee Evaluation

Approved     1/22/01          Reviewed   3/16/16    Revised                   

Jen@iowaschool… Sat, 07/27/2019 - 17:27

412 CLASSIFIED EMPLOYEE - COMPENSATION AND BENEFITS

412 CLASSIFIED EMPLOYEE - COMPENSATION AND BENEFITS Jen@iowaschool… Sun, 07/14/2019 - 14:36

412.1 CLASSIFIED EMPLOYEE COMPENSATION

412.1 CLASSIFIED EMPLOYEE COMPENSATION

The board shall determine the compensation to be paid for the classified employees' positions, keeping in mind the education and experience of the classified employee, the educational philosophy of the school district, the financial condition of the school district and any other considerations as deemed relevant by the board.

It shall be the responsibility of the superintendent to make a recommendation to the board annually regarding the compensation of classified employees.

 

Legal Reference:    Iowa Code §§ 20.1, .4, .7, .9; 279.8 (1999).

Cross Reference:    411.3    Classified Employee Contracts

    412.2    Classified Employee Wage and Overtime Compensation

Approved    1/22/01         Reviewed   4/15/2020                     Revised                   

Jen@iowaschool… Sat, 07/27/2019 - 17:28

412.2 CLASSIFIED EMPLOYEE WAGE AND OVERTIME COMPENSATION

412.2 CLASSIFIED EMPLOYEE WAGE AND OVERTIME COMPENSATION

Each non-exempt employee compensated on an hour-by-hour basis, whether full-or part-time, permanent or temporary, will be paid no less than the prevailing minimum wage.  Whenever a non-exempt employee must work more than forty hours in a given work week, the employee shall be compensated at one and one-half times their regular hourly wage rate.  This compensation shall be in the form of overtime pay or compensatory time. Overtime will not be permitted without prior authorization of the superintendent.

Each non-exempt employee paid on an hour-by-hour basis must complete, sign, and turn in a daily time record showing the actual number of hours worked.  Failure of the employee to maintain, or falsification of, a daily time record will be grounds for disciplinary action.

It is the responsibility of the board secretary to maintain wage records.

 

Legal Reference:    Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985).

    29 U.S.C. §§ 206 et seq. (1994).

    29 C.F.R. Pt. 511-800 (1999).

Cross Reference:    411.3    Classified Employee Contracts

    412.1    Classified Employee Compensation

Approved     1/22/01        Reviewed   4/15/2020                     Revised                   

Jen@iowaschool… Sat, 07/27/2019 - 17:29

412.3 CLASSIFIED EMPLOYEE GROUP INSURANCE BENEFITS

412.3 CLASSIFIED EMPLOYEE GROUP INSURANCE BENEFITS

Policy 412.3 CLASSIFIED EMPLOYEE GROUP BENEFITS - Option I

(For districts that employ an average of at least 50 full-time employees, including an equivalent for part-time employees)

Classified employees may be eligible for group benefits as determined by the board and required by law. The board will select the group benefit program(s) and the insurance company or third party administrator which will provide or administer the program.

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer classified employees, who are expected to work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, with minimum essential coverage that is both affordable and provides minimum value.  The board will utilize the applicable measurement period to determine whether variable hourly employees qualify for an offer of insurance coverage under the district’s group health plan.  The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees.

Classified employees, who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan. Classified employees who work 30 per week are eligible to participate in vision, dental, cafeteria, voluntary life, AFLAC group insurance plans. Employers should maintain documents regarding eligible employees acceptance and rejection of coverage.

Regular part-time classified employees (i.e., employees who work less than 30 hours per week or 130 hours per month for health benefit purposes or employees who work less than 30 per week for benefits other than health) who wish to purchase coverage may participate in group benefit programs by meeting the requirements of the applicable plan. Full-time and regular part-time classified employees who wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.

Classified employees and their spouse and dependents may be allowed to continue coverage of the school district's group health insurance program if they cease employment with the school district by meeting the requirements of the insurer.

  

NOTE: Beginning on January 1, 2015, school districts that employ an average of at least 50 full-time employees (including an equivalent for part-time employees), are required to offer health coverage to full-time employees (and their dependents) or pay a penalty tax under the ACA Employer Mandate. Districts with 50-99 full-time employees (including an equivalent for part-time employees) may have until their 2016 plan year before compliance is required, if certain conditions are satisfied. Option I assumes a school district employs at least 50 full-time employees (including an equivalent for part-time employees) and is subject to the ACAs Employer Mandate. Boards can edit Option I to reflect their district's actual coverage (e.g., additional group insurance plans offered by the districts, which may include: life and long-term disability group insurance plans).

NOTE: For a more detailed discussion of this issue, see IASB’s Special Report, A School District’s Responsibilities under the Federal Patient Protection and Affordable Care Act (ACA), December 2014.

  

Legal Reference:

Iowa Code §§ 20.98585B279.12509509A509B.

Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 154 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 154 and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014).

Cross Reference:

411.1 Classified Employee Defined

Approved    3/11/85            Reviewed    5/20/2020            Revised  11/15/2021   

Jen@iowaschool… Sat, 07/27/2019 - 17:30

412.4 This policy was eliminated 9/15/2008

412.4 This policy was eliminated 9/15/2008

This policy was eliminated 9/15/2008

Jen@iowaschool… Sat, 07/27/2019 - 17:30

413 CLASSIFIED EMPLOYEE - TERMINATION OF EMPLOYEE

413 CLASSIFIED EMPLOYEE - TERMINATION OF EMPLOYEE Jen@iowaschool… Sun, 07/14/2019 - 14:36

413.1 CLASSIFIED EMPLOYEE RESIGNATION

413.1 CLASSIFIED EMPLOYEE RESIGNATION

Resignations shall be in writing signed by the resigning party and directed to the Superintendent of Emmetsburg Community Schools and referred by him or her to the Board of Directors with his or her recommendations.

The Board recognizes that there are some circumstances which force an employee to request a release from a contract before the expiration date of the contract; therefore, personnel will be released from their contracts at any time that suitable replacements can be secured.

Each employee under contract is expected to fulfill his or her contractual obligations by notifying the superintendent or his or her designated representative of his or her intention to resign at least thirty days prior to the expected date of termination.

Obligations of employees not on contract – all employees who are not serving under a contractual agreement are expected to give at least two weeks written notice.

 

Legal Reference:    Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9) (1999).

Cross Reference:    411.3    Classified Employee Contracts

    413    Classified Employee Termination of Employment

Approved    2/13/78           Reviewed    4/15/2020           Revised        1/22/01                

Jen@iowaschool… Sat, 07/27/2019 - 17:31

413.2 CLASSIFIED EMPLOYEE RETIREMENT

413.2 CLASSIFIED EMPLOYEE RETIREMENT

Classified employees who will complete their current contract with the board may apply for retirement.  No classified employee will be required to retire at any specific age.

Application for retirement will be considered made when the classified employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board if applicable, the employee's intent to retire.  The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent.  

Board action to approve a classified employee's application for retirement shall be final, and such action constitutes termination of the employee's contract effective the day of the employee's retirement.

Classified employees and their spouse and dependents who have group insurance coverage through the school district may be allowed to continue coverage of the school district's group health insurance program, at their own expense, by meeting the requirements of the insurer.

Legal Reference:    29 U.S.C. §§ 621 et seq. (1994).

    Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46 (1999).

    581 I.A.C. 21.

    1978 Op. Att'y Gen. 247.

    1974 Op. Att'y Gen. 11, 322.

Cross Reference:    401.14    Recognition for Service of Employees

    413.3    Classified Employee Early Retirement

Approved      1/22/01         Reviewed   4/15/2020                     Revised                   

Jen@iowaschool… Sat, 07/27/2019 - 17:32

413.3 CLASSIFIED EMPLOYEE SUSPENSION

413.3 CLASSIFIED EMPLOYEE SUSPENSION

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

In the event of a suspension, due process will be followed.

 

Legal Reference:    Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (Iowa 1987).

    McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).

    Iowa Code §§ 20.7, .24 (1999).

Cross Reference:    404    Employee Conduct and Appearance

    413    Classified Employee Termination of Employment

Approved    3/13/78           Reviewed    4/15/2020            Revised        1/22/01                 

Jen@iowaschool… Sat, 07/27/2019 - 17:33

413.4 CLASSIFIED EMPLOYEE DISMISSAL

413.4 CLASSIFIED EMPLOYEE DISMISSAL

The board believes classified employees should perform their jobs, respect board policy and obey the law.  A classified employee may be dismissed upon thirty days notice or immediately for just cause. Due process procedures shall be followed.

It shall be the responsibility of the superintendent to make a recommendation for dismissal to the board.  A classified employee may be dismissed for any reason, including, but not limited to, incompetence, willful neglect of duty, reduction in force, willful violation of board policy or administrative regulations, or a violation of the law.

Legal Reference:    Iowa Code §§ 20.7, .24 (1999).

Cross Reference:    404    Employee Conduct and Appearance

    413.4    Classified Employee Suspension

    413.6    Classified Employee Reduction in Force

Approved    1/22/01          Reviewed   4/15/2020                     Revised                   

Jen@iowaschool… Sat, 07/27/2019 - 17:33

413.5 CLASSIFIED EMPLOYEE REDUCTION IN FORCE

413.5 CLASSIFIED EMPLOYEE REDUCTION IN FORCE

It is the exclusive power of the board to determine when a reduction in classified employees is necessary.  Employees who are terminated due to a reduction in force shall be given thirty days notice. Due process will be followed for terminations due to a reduction in force.

It shall be the responsibility of the superintendent to make a recommendation for termination to the board.  The superintendent will consider the relative qualifications, skills, ability and demonstrated performance through evaluation procedures in making the recommendations.

 

Legal Reference:    Iowa Code §§ 20.7, .24 (1999).

Cross Reference:    407.6    Licensed Employee Reduction in Force

    413.4    Classified Employee Suspension

    413.5    Classified Employee Dismissal

    703    Budget

Approved   1/22/01         Reviewed   4/15/2020                    Revised                   

Jen@iowaschool… Sat, 07/27/2019 - 17:34

414 CLASSIFIED EMPLOYEE - VACATIONS AND LEAVES OF ABSENCE

414 CLASSIFIED EMPLOYEE - VACATIONS AND LEAVES OF ABSENCE Jen@iowaschool… Sun, 07/14/2019 - 14:36

414.1 CLASSIFIED EMPLOYEE VACATIONS - HOLIDAYS - PERSONAL LEAVE

414.1 CLASSIFIED EMPLOYEE VACATIONS - HOLIDAYS - PERSONAL LEAVE

The board shall determine the amount of vacation, holidays and personal leave that will be allowed on an annual basis for classified employees.

Classified employees who work twelve months a year will be allowed six paid holidays, if the holidays fall on a regular working day.  The six holidays shall be New Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving Day and Christmas Day.

Classified employees will be paid only for the hours they would have been scheduled for the day.  Vacation shall not be accrued from year to year without a prior arrangement with the superintendent.

It shall be the responsibility of the superintendent to make a recommendation to the board annually on vacation and personal leave for classified employees.

 

Legal Reference:    Iowa Code §§ 1C.; 4.1(34); 20.9 

Cross Reference:    409.1    Licensed Employee Vacations - Holidays - Personal Leave

    601.1    School Calendar

Approved    1/25/71            Reviewed   5/20/2020    Revised       8-16-17             

Jen@iowaschool… Sat, 07/27/2019 - 17:35

414.2 CLASSIFIED EMPLOYEE PERSONAL ILLNESS LEAVE

414.2 CLASSIFIED EMPLOYEE PERSONAL ILLNESS LEAVE

Non-certified personnel in the Emmetsburg Community School District shall be granted leave of absence for personal illness or injury with full pay at the rate of:

   The first year of employment             14 days

   The second year of employment       11 days

   The third year of employment           12 days

   The fourth year of employment         13 days

   The fifth year of employment            14 days

   The sixth year of employment           15 days

The above amounts shall apply only to consecutive years of employment in the same school district and unused portions shall be cumulative to at least a total of 130 days.  The school board shall, in each instance, require such reasonable evidence, as it may desire confirming the necessity for such leave of absence.

An employee who is unable to work because of personal illness or disability and who has exhausted all sick leave available shall be granted a leave of absence without pay or benefits for the duration of such illness or disability through the end of the school year.

 

Legal Reference:    Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).

    26 U.S.C. §§ 2601 et seq. (Supp. 1994)

    29 C.F.R. Pt. 825 (1999).

    Iowa  Code §§ 20; 85.33, .34, .38(3); 279.40 (1999).

    1980 Op. Att'y Gen. 605.

    1972 Op. Att'y Gen. 177, 353.

    1952 Op. Att'y Gen. 91.

Cross Reference:    403.2    Employee Injury on the Job

    414.3    Classified Employee Family and Medical Leave

    414.9    Classified Employee Unpaid Leave

Approved    2/13/78            Reviewed     5/20/2020            Revised     1/22/01      

Jen@iowaschool… Sat, 07/27/2019 - 17:36

414.3 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE

414.3 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as fiscal year. Requests for family and medical leave shall be made to the superintendent.  

Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.  Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave. It shall be the responsibility of the superintendent to develop administrative rules to implement this policy.  

 

Legal Reference:    Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).

    26 U.S.C. §§ 2601 et seq. (Supp. 1994)

    29 C.F.R. Pt. 825 (1999).

    Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (1999).

    1980 Op. Att'y Gen. 605.

    1972 Op. Att'y Gen. 177, 353.

    1952 Op. Att'y Gen. 91.

Cross Reference:    409.3    Licensed Employee Family and Medical Leave

    414.2    Classified Employee Personal Illness Leave

    414.9    Classified Employee Unpaid Leave

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

Jen@iowaschool… Sat, 07/27/2019 - 17:37

414.3E1 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

414.3E1 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

(FORM ATTACHED)

 

 

Jen@iowaschool… Sat, 07/27/2019 - 17:38
File Attachments

414.3E2 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

414.3E2 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

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.

Details of the needed intermittent leave:

 

 

 

                          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.

 

Details of needed reduction in work schedule as follows:

 

 

 

                        I anticipate returning to work at my regular schedule on                                  .

 

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

 

Signed

 

 

 

Date

 

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

 

Jen@iowaschool… Sat, 07/27/2019 - 17:40

414.3E3 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM

414.3E3 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM

(FORM ATTACHED)

 

 

Jen@iowaschool… Sat, 07/27/2019 - 17:41
File Attachments

414.3E4 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST WORK SHEET

414.3E4 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST WORK SHEET

(FORM ATTACHED)  

 

 

Jen@iowaschool… Sat, 07/27/2019 - 17:41
File Attachments

414.3R1 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE REGULATION

414.3R1 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE REGULATION

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                  

Jen@iowaschool… Sat, 07/27/2019 - 17:42

414.3R2 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

414.3R2 CLASSIFIED 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.

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      

Jen@iowaschool… Sat, 07/27/2019 - 17:45

414.4 CLASSIFIED EMPLOYEE BEREAVEMENT LEAVE

414.4 CLASSIFIED EMPLOYEE BEREAVEMENT LEAVE

In the event of a death of a member of a classified employee's immediate family, bereavement leave may be granted.  Bereavement leave granted may be for a maximum of ten days, with "day" being defined as one work day regardless of full-time or part-time status of the employee, per occurrence, for the death of a member of the immediate family.  The immediate family includes child, spouse, parent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent of the employee, grand children, stepmother, step father, aunt, uncle, nephew, niece, spouses grandparents, and any other member of the immediate household.

A maximum of one day of bereavement leave per year will be granted for the death of a close friend or other relative not listed above.

It shall be within the discretion of the superintendent to determine the number of bereavement leave days to be granted.

Legal Reference:    Iowa Code §§ 20.9; 279.8 2013

Cross Reference:    414    Classified Employee Vacations and Leaves of Absence

Approved    1/17/94            Reviewed    8-16-17            Revised    8-16-17    

Jen@iowaschool… Sat, 07/27/2019 - 17:49

414.5 CLASSIFIED EMPLOYEE POLITICAL LEAVE

414.5 CLASSIFIED EMPLOYEE POLITICAL LEAVE

The board will provide a leave of absence to classified employees to run for elective public office.  The superintendent shall grant a classified employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The classified employee will be entitled to one period of leave to run for the elective public office, and the leave may commence any time within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the superintendent at least thirty days prior to the starting date of the requested leave.

 

Legal Reference:    Iowa Code ch. 55 (1999).

Cross Reference:    401.15    Employee Political Activity

    414    Classified Employee Vacations and Leaves of Absence

Approved     1/22/01         Reviewed   6/15/16                     Revised                   

Jen@iowaschool… Sat, 07/27/2019 - 17:51

414.6 CLASSIFIED EMPLOYEE JURY DUTY LEAVE

414.6 CLASSIFIED EMPLOYEE JURY DUTY LEAVE

The board will allow classified employees to be excused for jury duty unless extraordinary circumstances exist.  The superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service shall notify the direct supervisor  within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.  

Classified employees will receive their regular salary.  Any payment for jury duty shall be turned over to the school district.

 

Legal Reference:    Iowa Code §§ 20.9; 607A (1999).

Cross Reference:    414    Classified Employee Vacations and Leaves of Absence

Approved    3/17/94            Reviewed    6/15/16           Revised     1/22/01      

Jen@iowaschool… Sat, 07/27/2019 - 17:52

414.7 CLASSIFIED EMPLOYEE MILITARY SERVICE LEAVE

414.7 CLASSIFIED EMPLOYEE MILITARY SERVICE LEAVE

The board recognizes classified employees may be called to participate in the armed forces, including the national guard.  If a classified employee is called to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.

The leave shall be without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

 

Legal Reference:    Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

    Iowa Code §§ 20; 29A.28 (1999).

Cross Reference:    414    Classified Employee Vacations and Leaves of Absence

Approved    1/17/94            Reviewed    6/15/16    Revised     1/22/01      

Jen@iowaschool… Sat, 07/27/2019 - 17:53

414.8 CLASSIFIED EMPLOYEE UNPAID LEAVE

414.8 CLASSIFIED EMPLOYEE UNPAID LEAVE

Unpaid leave may be used to excuse an absence not provided for in other leave policies.  Unpaid leave for classified employees must be authorized by the superintendent. Whenever possible, classified employees shall make a written request for unpaid leave ten days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary shall be made unless they are waived specifically by the superintendent.

The superintendent shall have complete discretion to grant or deny the requested unpaid leave.  In making this determination, the superintendent shall consider the effect of the employee's absence on the education program and school district operations, the financial condition of the school district, length of service, previous record of absence, the reason for the requested absence and other factors the superintendent believes are relevant in making this determination.

If unpaid leave is granted, the duration of the leave period shall be coordinated with the scheduling of the education program whenever possible, to minimize the disruption of the education program and school district operations.

 

Legal Reference:    Iowa Code §§ 20.9; 279.8 (1999).

Cross Reference:    414    Classified Employee Vacations and Leaves of Absence

Approved    1/17/94            Reviewed    6/15/16            Revised     1/22/01      

Jen@iowaschool… Sat, 07/27/2019 - 17:53

414.9 CLASSIFIED EMPLOYEE PROFESSIONAL PURPOSES LEAVE

414.9 CLASSIFIED EMPLOYEE PROFESSIONAL PURPOSES LEAVE

Professional purposes leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments.  Application for the leave must be presented to the employee’s supervisor 14 days prior to the meeting or conference, the superintendent may grant exceptions to the 14 day filing period.

It shall be within the discretion of the superintendent or principal to grant professional purposes leave.  The leave may be denied on the day before or after a vacation or holiday, on special days when services are needed, when it would cause undue interruption of the education program and school district operations, or for other reasons deemed relevant by the superintendent.

Legal Reference:    Iowa Code § 279.8 (1999).

    281 I.A.C. 12.7.

Cross Reference:    411    Classified Employees - General

    408.1    Classified Employee Professional Development

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

Jen@iowaschool… Sat, 07/27/2019 - 17:54

500 OBJECTIVES FOR EQUAL EDUCATIONAL OPPORTUNITIES FOR STUDENTS

500 OBJECTIVES FOR EQUAL EDUCATIONAL OPPORTUNITIES FOR STUDENTS

This series of the board policy manual is devoted to the board's goals and objectives for assisting the students of the school district in obtaining an education.  Each student shall have an opportunity to obtain an education in compliance with the policies in this series.

It is the goal of the board to develop a healthy social, intellectual, emotional, and physical self-concept in the students enrolled in the school district.  Each student attending school will have the opportunity to use it and its education program and services as a means for self-improvement and individual growth.  In so doing, the students are expected to conduct themselves in a manner that assures each student the same opportunity.

The board supports the delivery of the education program and services to students free of discrimination on the basis of race, color, creed, sex, sexual orientation, gender identity, national origin, religion, age, marital status, socioeconomic status or disability. This concept of equal educational opportunity serves as a guide for the board and employees in making decisions relating to school district facilities, employment, and selection of educational materials, equipment, curriculum, and regulations affecting students.

In the delivery of the education program, students shall treat the employees with respect and students will receive the same in return.  Employees have the best interests of the students in mind and will assist them in school-related or personal matters if they are able to do so.  Students should feel free to discuss problems, whether school-related or personal, with the guidance counselor or other employees.

Board policies, rules and regulations affect students while they are on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered buses; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.

This section of the board policy refers to the term "parents" in many of the policies.  The term parents for purposes of this policy manual shall mean the legal parents. It shall also mean the legal guardian or custodian of a student and students who have reached the age of majority or are otherwise considered an adult by law.

Inquiries by students regarding compliance with equal educational opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, shall be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Emmetsburg Community School District, Emmetsburg, Iowa 50536; or by telephoning 712-852-3201; or by e-mail dhanna@e-hawks.org 

  • Inquiries by students regarding compliance with equal educational opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to Regional Manager,Office for Civil Rights
    U.S. Department of Health and Human Services
    601 East 12th Street - Room 353
    Kansas City, MO 64106
    Voice Phone (816)426-7277
    FAX (816)426-3686
    TDD (816)426-7065

For all other non-privacy related inquiries to OCR, including comments or questions about OCR's web site, please send an email to    OCRMail@hhs.gov

 Or

Iowa Civil Rights Commission
Grimes State Office Building
400 E. 14th Street Rm 201
Des Moines, IA 50319-0201
Phone: 515-281-4121 or Toll Free: 1-800-457-4416
Fax 515-242-5840            don.grove@iowa.gov,

Further information and copies of the procedures for filing a complaint are available in the school district's central administrative office and the administrative office in each attendance center.

Approved   5/17/71             Reviewed   7/15/2020    Revised     6/17/2020       

admin@iowascho… Wed, 11/28/2012 - 16:39

501 STUDENT ATTENDANCE

501 STUDENT ATTENDANCE Jen@iowaschool… Sat, 07/27/2019 - 18:20

501

501

 

 

rmccartan@e-ha… Mon, 07/13/2020 - 14:02

501.01 RESIDENT STUDENTS

501.01 RESIDENT STUDENTS

Children who are residents of the school district community will attend the school district without paying tuition.

The residence of a student means the place, abode, or dwelling of the student.  Generally, the legal dwelling of minors is the same as their parents. However, a student may establish a dwelling with someone other than the parents and attend public school in the school district without paying tuition if the primary purpose for residing in the school district is not for the purpose of obtaining a free public education.  Further, students who have reached the age of majority and who are still eligible to attend an Iowa secondary school may declare their residence independent of the residence of the parents.

Each case involving the bona fide residence of a student will be decided upon its individual merits by the superintendent.

 

Legal Reference:    Lakota Cons. Ind. School v. Buffalo Center-Rake Comm. School, 334 N.W.2d 704 (Iowa 1983).

    Mt. Hope School Dist. v. Hendrickson, 197 N.W. 47 (Iowa 1924).

    Oshel v. Creston Comm. School Dist., DPI Admin. Doc. 570 (1981).

    33 D.P.I. Dec. Rule 80 (1984).

    Iowa Code §§ 257.6; 282.2, .6, .7; 285.4 (1999).

    1956 Op. Att'y Gen. 185.

    1946 Op. Att'y Gen. 197.

    1938 Op. Att'y Gen. 69.

    1930 Op. Att'y Gen. 147.

Cross Reference:    501    Student Attendance

Approved   1/22/01             Reviewed    7/15/2020             Reviewed   7/18/12     

Jen@iowaschool… Sat, 07/27/2019 - 18:32

501.02 NONRESIDENT STUDENTS

501.02 NONRESIDENT STUDENTS

Students who are eligible to attend an Iowa public school but who are not legal residents of the school district may be admitted into the school district at the discretion of the superintendent upon application and payment of tuition.  The tuition rate shall be the current per-pupil cost of the school district as computed by the board secretary and as authorized by the Iowa Department of Education.

Resident students whose families move from the school district after the start of a semester and who wish to complete the semester in the school district may be permitted to attend without the payment of tuition at the discretion of the superintendent and approval of the board.  Students who plan to open enroll to the nonresident district may complete the school year without approval of the superintendent or board. These students, other than students in grades eleven and twelve, must have the recommendation of the principal, as well as an adult who resides in the school district, identified for purposes of administration.

Students in grades eleven or twelve who are no longer residents of the school district, but were residents in the preceding school year, may continue to attend school until they graduate without the payment of tuition.  These students must have an adult, who resides in the school district, identified for purposes of administration.

Nonresident students who are eligible to attend an Iowa public school and who have evidence they will become legal residents of the school district prior to October 1st  may be allowed to attend without the payment of tuition.

 

Legal Reference:    Lakota Cons. Ind. School v. Buffalo Center-Rake Comm. School, 334 N.W.2d 704 (Iowa 1983).

    Mt. Hope School Dist. v. Hendrickson, 197 N.W. 47 (Iowa 1924).

    Oshel v. Creston Comm. School Dist., DPI Admin. Doc. 570 (1981).

    Iowa Code §§ 257.6; 282.1, .2, .6, .7, .24 (1999).

Cross Reference:    501    Student Attendance

Approved   1/22/01             Reviewed    7/15/2020               

Jen@iowaschool… Sat, 07/27/2019 - 18:33

501.03 COMPULSORY ATTENDANCE

501.03 COMPULSORY ATTENDANCE

Parents within the school district who have children over age six and under age sixteen by September 15, in proper physical and mental condition to attend school, shall have the children attend the school district at the attendance center designated by the board.  Students shall attend school the number of days school is in session in accordance with the school calendar. Students of compulsory attendance age shall attend school a minimum of 175 days. Students not attending the minimum days must be exempted by this policy as listed below or, for students in grades 7-12, referred to the county attorney or, for students in grades K-6, referred to the Attendance Cooperation process.  Exceptions to this policy include children who:

  • have completed the requirements for graduation in an accredited school or have obtained a high school equivalency diploma;
  • are attending religious services or receiving religious instruction;
  • are attending an approved or probationally approved private college preparatory school;
  • are attending an accredited nonpublic school;
  • are receiving independent private instruction; or,
  • are receiving competent private instruction.
  • It is the responsibility of the parent of a child to provide evidence of the child's mental and physical inability to attend school or of the child's qualifications for one of the exceptions listed above.

    The principal will investigate the cause for a student's truancy. If the principal is unable to secure the truant student's attendance, the principal should discuss the next step with the school board. If after school board action, the student is still truant, principal will refer the matter over to the county attorney.

    The school will participate in mediation if requested by the county attorney. The superintendent will represent the school district in mediation. The school district will monitor the student's compliance with the mediation agreement and will report violations of the mediation agreement to the county attorney.

      

    Note: The compulsory attendance law does not require school districts to have a truancy officer.

 

Legal Reference:    Iowa Code §§ 239.5B; 259A; 279.10-.11; ch. 299; 299A (1999).

    441 I.A.C. 41.25(8).

    1978 Op. Att'y. Gen. 379.

Cross Reference:    501    Student Attendance

    601.1    School Calendar

    604.1    Competent Private Instruction

Approved     6/25/79                  Reviewed    7/15/2020    Revised    6/17/2020     

Jen@iowaschool… Sat, 07/27/2019 - 18:33

501.3E1 STUDENT PERSONNEL

501.3E1 STUDENT PERSONNEL

Under a new Iowa law, a school truancy officer must tell the Department of Human Services (DHS) when a child is not complying with the school's attendance policy.  The law applies only to children who have not finished sixth grade. DHS must then set up a meeting with the child's family. One purpose of the meeting is to help the family get the child to attend school.  The other is to prevent a 25% reduction in the family's FIP grant.

The participants at the meeting will try to find out why the child has not been attending school.  They will also come up with a plan so that the child will attend school in the future. This Agreement will state why the child has not been attending school.  It will also state the plan for the child's school attendance in the future. The Agreement shall be signed by each participant at the end of the meeting. The signed original Agreement is given to the child's family.  Copies will be given to the other participants.

PART A    (Part A must be signed by each participant at the meeting.)

1. Child’s Name

2. FIP Case Number

3. Service Case Number

4. Date of Meeting

5. Location

 

 

6.    Participants at the meeting.  (List each person's name, agency represented, and phone number.)

7.    Reasons for the child's nonattendance identified at the meeting.  This includes barriers that may need to be overcome to ensure that the child attends school.  (Be specific.)

8.    Terms agreed to by all participants for resolving the child's nonattendance. 

    (Be specific.)

9.    Future responsibility of each participant at the meeting.  (List the person's name and what the person is responsible for doing to resolve the child's nonattendance.)

10.    If a monitor is agreed to, list the person's name, agency represented, and phone number.

 Name     Phone Number

  Agency Represented

11.    Signatures of persons participating in the meeting.  By signing this form, I understand that I am agreeing to all items described in Part A, above.

 

PART B    FIP Parents' or Caretaker's Statement of Understanding and Consent

     Each parent living in the home with the child or the relative caring for the child shall sign Part B.

I understand that this Agreement stays in effect until the school decides the child is complying with attendance policies or the child goes off FIP, whichever happens first.

I understand that if we agree to a monitor in the meeting, the monitor must periodically contact everyone who signed the Agreement to check if its terms are being carried out.  I will comply and cooperate with the monitor. I understand that the monitor may need to have confidential information for the sole purpose of resolving the child's nonattendance.  I agree to sign necessary forms for the release of confidential information needed to improve the child's school attendance.

I understand that the school district can declare the child truant if:

•    The participants at the meeting don't enter into an Agreement, or

•    I violate a term of the Agreement, or

•    I fail to participate in the meeting without good cause.

The truancy officer must also confirm that the child still meets the conditions for being truant.

I understand that if the school declares the child truant, DHS will reduce my FIP benefits by 25%.

I understand that my FIP benefits will stay reduced until the child goes off FIP or the truancy officer notifies DHS that:

•    The child is complying with the school's attendance policy; or

•    The child has satisfactorily completed sixth grade; or

•    The school has found there is good cause for the child's non-attendance and it withdraws the truancy notification; or

•    The child is no longer enrolled in that school, and the child's family proves that either:

    §   The child is attending another school, or

    §   The child is otherwise receiving equivalent schooling as allowed under Iowa law.

I understand that I have the right to appeal the terms of this Agreement.  (See back of Part B for appeal rights.)

I understand that by signing Parts A and B, I am agreeing to all items described in both parts.

                                                       

                     

Signature of parent in the home                    Date

    or signature of other parent in home

    or signature of relative caring for the child

 

APPEAL RIGHTS

If you don't agree with the terms of your School Attendance Cooperation Agreement, you have the right to appeal.  Your appeal rights and procedures for hearing are explained in the Iowa Administrative Code, 441-Chapter 7.

How to Appeal.  You must appeal in writing.  You can use the Department of Human Services (DHS) appeal form or simply send a letter asking to appeal.  Send or take your appeal request to the DHS office in your county. There is no fee or charge for an appeal.  Your county DHS office will help you file an appeal if you ask them.

Time Limits.  To get a hearing, you must file your appeal within 30 calendar days of the date you signed the School Attendance Cooperation Agreement.  When the appeal is filed later than this but less than 90 days after you signed the Agreement, the Director of DHS must approve whether a hearing will be held based on good cause for late filing.  If the appeal is filed more than 90 days after you signed the Agreement, there will be no hearing.

Granting a Hearing.  DHS will determine whether or not an appeal may be granted a hearing.  If a hearing is granted, you will be notified of the time and place. If a hearing is not granted, you will be notified in writing of the reason and the procedures for challenging that decision.

Presenting Your Case.  If an appeal hearing is granted, you may explain your disagreement or have someone else like a relative or friend explain your disagreement for you.  You may be represented by an attorney, but DHS will not pay for the attorney. Your county DHS office has information about legal services available to you that are based on your ability to pay.  You may also phone the Legal Services Corporation of Iowa at 1-800-532-1275. If you live in Polk County, phone 243-1193.

 

POLICY ON NONDISCRIMINATION

This action was taken without regard to race, creed, color, sex, age, physical or mental disability, religion, national origin, or political belief.  If you think you have been discriminated against for any of the reasons stated above, you may file a complaint with DHS by completing a Discrimination Complaint form which you can get from any DHS office or the DHS Office of Equal Opportunity.  You may also file a complaint with the Iowa Civil Rights Commission (if you feel you were discriminated against because of your race, creed, color, national origin, sex, religion, or disability); or the United States Department of Health and Human Services, Office for Civil Rights.

 

Iowa Department of Human Services       

Office of Equal Opportunity              Hoover State Office Building 1st Fl          

 Des Moines, IA   50319-0114

contactdhs@dhs.state.ia.us   

   

Iowa Civil Rights Commission
Grimes State Office Building
400 E. 14th Street Rm 201

Des Moines, IA 50319-0201
Phone: 515-281-4121 or Toll Free: 1-800-457-4416
Fax 515-242-5840            don.grove@iowa.gov,

 

Approved    6/22/98         Reviewed 7/15/2020    Reviewed    7/18/12          

Jen@iowaschool… Sat, 07/27/2019 - 18:35

501.3R1 ATTENDANCE COOPERATION PROCESS

501.3R1 ATTENDANCE COOPERATION PROCESS

When it is determined that a student is in grades K-6 is in violation of the school district attendance policy and procedures, the principal will check the Department of Human Services (DHS) records to determine whether the student's family is receiving Family Investment Program (FIP) benefits.  If the student's family is receiving FIP benefits, the principal will notify DHS. DHS is then responsible for the  Attendance Cooperation Process (ACP)

If the student's family is not receiving FIP benefits, the principal will initiate the ACP.  The parents will be contacted to participate in the ACP. The (truancy officer, principal, assistant principal, other school official) may also invite juvenile court officers, the county attorney, other school officials and others deemed appropriate.  If others are invited who don't have access to the student's records either by law or a Juvenile Justice Agency Information Sharing Agreement, parental consent is needed for them to participate in the ACP.

The purpose of the ACP is to determine the cause of the student's nonattendance, get the parties to agree to solutions addressing the nonattendance and initiate referrals to any other services that may be necessary.  The agreement is then written. The agreement is to include all terms agreed to and future responsibilities of all parties. All parties must sign the agreement and failure to sign by the parents is considered a violation of the process and initiates the next level.

If the parents do not participate in the ACP, if the parties do not enter into an ACP or if the parents violate a term of the agreement, the student is deemed truant.  For FIP students and non-FIP students, the school district notifies the county attorney when students are truant. When a student is deemed truant, for FIP students, DHS is again notified and DHS then initiates the process whereby FIP benefits are reduced.

 

Approved     6/22/98           Reviewed        7/15/2020     _    Reviewed     7/18/12          

Jen@iowaschool… Sat, 07/27/2019 - 18:34

501.04 ENTRANCE - ADMISSIONS

501.04 ENTRANCE - ADMISSIONS

Children in the school district community will be allowed to enroll in the school district's regular education program beginning at age five.  The child must be age five on or prior to September 15 to participate in the school district's kindergarten program. The child must be age six on or prior to September 15 to begin the first grade of the education program.

The board shall require evidence of age and residency in the form of a birth certificate or other evidence before the student may enroll in the school district's education program.  It shall be within the discretion of the superintendent to determine what is satisfactory evidence for proof of age.

Prior to enrollment, the child must provide the administration with their health and immunization certificate.  Failure to provide this information within the time period set by the superintendent shall be reason for suspension, expulsion or denying admission to the student.

 

Legal Reference:    Iowa Code §§ 139.9; 282.1, .3, .6 (1999).

    1980 Op. Att'y Gen. 258.

Cross Reference:    501    Student Attendance

    507.1    Student Health and Immunization Certificates

Approved   5/17/71             Reviewed    2/17/2021             Revised   7/18/12       

Jen@iowaschool… Sat, 07/27/2019 - 18:37

501.05 ATTENDANCE CENTER ASSIGNMENT

501.05 ATTENDANCE CENTER ASSIGNMENT

The board shall have complete discretion to determine the boundaries for each attendance center, to assign students to the attendance centers, and to assign students to the classrooms within the attendance center.

Parents or guardians of siblings in the same grade level academically in grades kindergarten through grade five may request the siblings be placed in the same or different classrooms.  In order to be valid, the request must be made in writing and submitted to the school principal at the time of registration for classes, or within fourteen days after the children’s first day of attendance during the school year.  If a valid request is received by the school principal, the request must be honored.  While a parent or guardian may make a placement request that siblings be placed together or apart, the district administration retains complete discretion to select the classroom teacher(s) to which siblings are assigned.  If after the initial grading period following the placement of siblings in the same or different classrooms the school principal determines the placement is disruptive to the class; the principal may assign one or more of the siblings to different classrooms.

It shall be the responsibility of the superintendent to make a recommendation to the board annually regarding the assigned attendance center for each student.  In making the recommendation, the superintendent shall consider the geographical layout of the school district, the condition and location of the school district facilities, the location of student population, possible transportation difficulties, financial condition of the school district and other factors deemed relevant by the superintendent or the board.

 

Legal Reference:    Iowa Code §§ 279.11; 282.7-.8 (1999).

Cross Reference:    501    Student Attendance

Approved   6/25/79             Reviewed    2/17/2021             Revised    7/18/12

Jen@iowaschool… Sat, 07/27/2019 - 18:38

501.06 STUDENT TRANSFERS IN

501.06 STUDENT TRANSFERS IN

Students who transfer into the school district must meet the immunization and age requirements set out for students who initially enroll in the school district.

The school district shall request the student's cumulative records from the previous school district.  If the student cannot offer proof of grade level, the superintendent will make the grade level determination.  The superintendent may require testing or other information to determine the grade level. Students expelled or suspended from their previous school district will only be enrolled after approval of the board.

The superintendent shall determine the amount of credits to be transferred.  If the student has not previously attended an accredited school, it is within the superintendent's discretion to accept or reject credits or grades.

The board may deny admission if the student is not willing to provide the board with the necessary information.

NOTE: School districts do not need parental permission to request student records from previous school districts. The school district sending the records must notify the parents that the student's records have been sent.
 

Legal Reference:    20 U.S.C. § 1232g (1994).

    Iowa Code §§ 139.9; 282.1, .3, .4; 299A (1999).

Cross Reference:    501    Student Attendance

    505.3    Student Honors and Awards

    507    Student Health and Well-Being

    604.1    Competent Private Instruction

Approved   11/20/95         Reviewed    2/17/2021             Reviewed    7/18/12     

 

Jen@iowaschool… Sat, 07/27/2019 - 18:38

501.07 STUDENT TRANSFERS OUT OR WITHDRAWALS

501.07 STUDENT TRANSFERS OUT OR WITHDRAWALS

If the student's parents wish to withdraw or transfer the student from school prior to completing and graduating from the education program, they shall notify the superintendent in writing as soon as possible of the decision to withdraw or transfer the student from the education program.  The student or parent should present this written notice at the office and receive instructions regarding the return of textbooks, library books, locker equipment, hot lunch tickets, etc.  

The notice shall state the student's final day of attendance.  If the student is not enrolling in another school district, the school district shall maintain the student's records in the same manner as the records of students who have graduated from the school district.

If the parents wish to have the student's cumulative record sent to the new school district, the parents shall notify the superintendent in writing.  This notice shall include the name of the school district and the person at the new school district to whom the student's cumulative records should be sent.  If the new school district requests the student's cumulative records, the school district will forward the cumulative records and notify the parents the records have been sent.  The notice shall inform the parents of their right to review the records sent.

If the student is of compulsory education age and not transferring to another public school district or an accredited nonpublic school, the parents shall notify the superintendent that the student is receiving competent private instruction and file the necessary competent private instruction reports.

 

Legal Reference:    20 U.S.C. § 1232g (1994).

    Iowa Code §§ 274.1; 299.1-.1A (1999).

Cross Reference:    501    Student Attendance

    506    Student Records

    604.1    Competent Private Instruction

Approved    9/15/97           Reviewed    2/17/2021    Reviewed   7/18/12       

Jen@iowaschool… Sat, 07/27/2019 - 18:39

501.08 STUDENT ATTENDANCE RECORDS

501.08 STUDENT ATTENDANCE RECORDS

It shall be the duty of each building principal to assure the keeping of adequate attendance records and to make required reports to the central administrative office of the Emmetsburg Community School District.

As part of the Emmetsburg Community School District records of students, the daily attendance of each student shall be recorded and maintained on file with the permanent records of the board secretary.

It shall be the responsibility of the principals to ensure that such reports are filed with the board secretary, the custodian of school records.

 

Legal Reference:    Iowa Code §§ 294.4; 299 (1999).

    281 I.A.C. 12.2(4).

Cross Reference:    501    Student Attendance

    506    Student Records

Approved   5/17/71             Reviewed    2/17/2021             Reviewed   7/18/12    

Jen@iowaschool… Sat, 07/27/2019 - 18:40

501.09 STUDENT ABSENCES - EXCUSED

501.09 STUDENT ABSENCES - EXCUSED

Regular attendance by students is essential for students to obtain the maximum opportunities from the education program.  Parents and students alike are encouraged to ensure an absence from school is a necessary absence. Students shall attend school unless excused by the principal of their attendance center.

Student absences approved by the principal shall be excused absences.  Excused absences shall count as days in attendance for purposes of the truancy law.  These absences include, but are not limited to illness, family emergencies, recognized religious observances, appointments that cannot be scheduled outside the school day and school-sponsored or approved activities.

The district believes that traditional, in-person school attendance leads to the greatest learning opportunities for students.  However, there may be rare and unusual circumstances created by public emergencies declared by state or local officials which temporarily prevent students from attending traditional, in-person school.  In these circumstances, the superintendent will have discretion to make reasonable accommodations for students, on a case-by-case basis, to attend school through remote learning opportunities within the available resources of the district and as permitted by law.  During approved remote learning, attendance will be taken, assessments may be administered, and grades will count towards students’ cumulative grade point average as if they were attending in person.  The provision of special education and accommodations for students who have individualized education programs (IEPs) or Section 504 plans will be determined by each respective IEP or Section 504 team.

Students whose absences are approved shall make up the work missed and receive full credit for the missed school work.  It shall be the responsibility of the student to initiate a procedure with the student's teacher to complete the work missed.

Students who wish to participate in school-sponsored activities must attend school the 1/2 day the day of the activity unless permission has been given by the principal for the student to be absent.

It shall be the responsibility of the parent to notify the student's attendance center as soon as the parent knows the student will not be attending school on that day.  The principal may request evidence or written verification of the student's reason for absence.

It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

 

Legal Reference:    Iowa Code §§ 294.4; 299 (1999).

    281 I.A.C. 12.2(4).

Cross Reference:    501    Student Attendance

    503    Student Discipline

    504    Student Activities

    506    Student Records

Approved     9/15/97           Reviewed    2/17/2021                       

Jen@iowaschool… Sat, 07/27/2019 - 18:41

501.9E1 Request For Remote Learning Form

501.9E1 Request For Remote Learning Form

Exhibit 501.9E1 REQUEST FOR REMOTE LEARNING FORM

Date:  ________________

Student Name:  ____________________________  Attendance Center:  ______________________

Parent/Guardian:  ___________________________

I, _________________________ (Parent/Guardian) am requesting accommodation for my child,__________________________(Student Name) to participate in remote learning opportunities for the duration of the declared public emergency, or until I have determined my child can safely return to traditional in-person learning at his/her designated attendance center, whichever occurs first. 

I have attached to this form documentation from an Iowa Board of Medicine-licensed medical professional confirming that remote learning is medically necessary due to the vulnerable health condition of my child or of a family member residing within the same home as my child.

I understand that the district will do their utmost to accommodate my child’s learning needs, but that some learning opportunities may need to be modified in a remote environment.  The provision of special education and accommodations for students who have individualized education programs (IEPs) or Section 504 plans will be determined by each respective IEP or Section 504 team. 

I understand that in order for my child to continue to participate in mandatory learning, his/her remote attendance will be taken, assessments administered, and grades will be counted toward my child’s cumulative grade average.  I understand that any devices, technology, or materials given to my child to facilitate remote learning are the property of the district and must be returned at the end of the remote learning period. 

  

I am requesting that remote learning opportunities begin on ______________ (date) and continue until

[_____________(date) or the declared public emergency is dismissed].

 

(Parent/Guardian) ____________________________________

(Date) ________________

Request approved by: __________________________________  (School official)  _____________________

(Date) ________________

    

Note:  This form is to be utilized by parents/guardians of a student who, during the course of a declared public emergency, believe that further attendance by the student at traditional in person school would be detrimental to the health or safety of the student or the student’s family member residing with the student.  This form is not necessary when the school building is closed to traditional in person learning and remote learning opportunities are already available to students.  It is only to be utilized during a public emergency declared by state or local officials when traditional in person learning continues to be held. 

              

rmccartan@e-ha… Mon, 07/13/2020 - 14:05

501.10 TRUANCY - UNEXCUSED ABSENCES

501.10 TRUANCY - UNEXCUSED ABSENCES

Regular attendance by the students at school is essential for students to obtain the maximum opportunities from the education program. Parents and students alike are encouraged to ensure an absence from school is a necessary absence. Students shall attend school unless excused by the principal of their attendance center.

Truancy is the failure to attend school for the minimum number of days established in the school calendar by the board. Truancy is the act of being absent without a reasonable excuse. These absences shall include, but not be limited to tardiness, shopping, hunting, concerts, preparation or participation in parties and other celebrations and employment. Truancy will not be tolerated by the board.

Students are subject to disciplinary action for truancy including suspension and expulsion. It shall be within the discretion of the principal to determine, in light of the circumstances, whether a student may make up work missed because of truancy. Students receiving special education services will not be assigned to supervised study hall, in-school suspension unless the goals and objectives of the student's Individualized Education Program are capable of being met.

It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy. The administrative regulations shall indicate the disciplinary action to be taken for truancy.

Legal Reference: Iowa Code §§ 294.4; 299 (1999). 281 I.A.C. 12.2(4).

Cross Reference: 206.3 Secretary

410.3 Truancy Officer

501 Student Attendance

503 Student Discipline

504 Student Activities

506 Student Records

Approved 11/20/95      Reviewed 2/17/2021    

Jen@iowaschool… Sun, 07/28/2019 - 08:39

501.11 STUDENT RELEASE DURING SCHOOL HOURS

501.11 STUDENT RELEASE DURING SCHOOL HOURS

Students will be allowed to leave the school district facilities during school hours only with prior authorization from their parents, unless the parent appears personally at the student's attendance center to arrange for the release of the student during school hours, or with the permission of the principal.

Approved reasons for release of a student during the school day shall include, but not be limited to, illness, family emergencies, medical appointments, religious instruction, classes outside the student's attendance center, employment for which the student has been issued a work permit and other reasons determined appropriate by the principal.

It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

 

Legal Reference:    Iowa Code § 294.4 (1999).

    281 I.A.C. 12.2(4).

Cross Reference:    501    Student Attendance

    503    Student Discipline

    504    Student Activities

    506    Student Records

Approved   1/22/01             Reviewed    2/17/2021    Reviewed    7/18/12         

Jen@iowaschool… Sun, 07/28/2019 - 08:40

501.12 PREGNANT STUDENTS

501.12 PREGNANT STUDENTS

The board encourages pregnant students to continue to attend the education program as long as they are physically able to do so.  The pregnant student may notify the principal or the guidance counselor as soon as she is aware of the pregnancy. The school may require that a pregnant student provide the principal with a written note from her doctor relative to special conditions that might exist and specific suggestions as to how long the student may continue to attend classes.  If the student is unable to attend school because of her pregnancy, the student may be excused and arrangements made to continue her studies during her absence. The student shall resume classes upon the recommendation of her physician.

Legal Reference:    Iowa Code §§ 216; 279.8; 280.3 (1999).

Cross Reference:    501    Student Attendance

    604.2    Individualized Instruction

Approved   1/22/01             Reviewed    2/17/2021             Reviewed   7/18/12        

Jen@iowaschool… Sun, 07/28/2019 - 08:41

501.13 STUDENTS OF LEGAL AGE

501.13 STUDENTS OF LEGAL AGE

Students who have attained legal age may continue the education program without payment of tuition as long as they are eligible to attend an Iowa public school and are residents of the school district.

Parents will be allowed to access and view the student's records without written permission from the student if the student is still a dependent for tax purposes.  In most cases, with the discretion of the principal or the superintendent, the student will be able to make decisions and sign documents rather than requiring parental permission or signature.

 

Legal Reference:    20 U.S.C. § 1232g (1994).

    Iowa Code §§ 22; 282.2, .6, .7; 285.4; 599.1; 622.10 (1999).

    281 I.A.C. 12.3(6).

Cross Reference:    501    Student Attendance

    506    Student Records

Approved    1/22/01           Reviewed    3/17/2021             Reviewed   7/18/12  __

Jen@iowaschool… Sun, 07/28/2019 - 08:42

501.14 OPEN ENROLLMENT TRANSFERS - PROCEDURES AS A SENDING DISTRICT

501.14 OPEN ENROLLMENT TRANSFERS - PROCEDURES AS A SENDING DISTRICT

Policy 501.14 OPEN ENROLLMENT TRANSFERS - PROCEDURES AS A SENDING DISTRICT

The school district will participate in open enrollment as a sending district.  As a sending district, the board will allow resident students who meet the requirements to open enroll to another public school district.

Parents requesting open enrollment out of the school district for their student will notify the sending and receiving school district in accordance with district practice.  The notice is made on forms provided by the Department of Education.  The forms are available at the central administration office.

Parents of children who will begin kindergarten and prekindergarten children enrolled in special education programs and included in the district’s basic enrollment will file in the same manner set forth above.

The receiving district will approve open enrollment requests according to the timelines established by law.  The parents may withdraw the open enrollment request prior to the board’s approval of the application. The receiving district’s superintendent will notify the parents and sending school district by mail within five days of the school district’s action to approve or deny the open enrollment request. 

The board may approve a student's request to allow the receiving district to enter the school district for the purposes of transportation.

An open enrollment request out of the school district from parents of a special education student is reviewed on a case-by-case basis.  The determining factor for approval of such an open enrollment request will be whether the special education program available in the receiving school district is appropriate for the student's needs.  The area education agency director of special education serving the receiving district will determine whether the program is appropriate.  The special education student will remain in the school district until the final determination is made.

It is the responsibility of the superintendent to maintain open enrollment request applications and notice forms.  It will also be the responsibility of the superintendent to develop appropriate office procedures and administrative regulations necessary for open enrollment requests.

  

NOTE:  This policy reflects Iowa's open enrollment law.  The option addresses the issue of transportation of open enrolled students.  The board needs to establish by policy whether it will or will not allow a receiving district to enter the district to pick up open enrolled students.  This option is on the bottom of the first page of this policy.  For more detailed discussion of this issue, see IASB's Policy Primer, June 24, 2005.

 

NOTE: Because open enrollment requests can now occur throughout the year, there is no established date by which districts must make or communicate a decision. Receiving districts should make the decision whether to approve or deny the request as timely as is practical. Receiving districts should in turn make and communicate any determinations as soon as is practical. 

 

Legal Reference: Iowa Code §§ 139A.8; 274.1; 279.11; 282.1, .3, .8, .18; 299.1.

281 I.A.C. 17.

Cross Reference:

501 Student Attendance

506 Student Records

 

Approved   7/17/89         Reviewed    3/17/2021            Revised   8/17/2022

Jen@iowaschool… Sun, 07/28/2019 - 08:43

501.15 OPEN ENROLLMENT TRANSFERS - PROCEDURES AS A RECEIVING DISTRICT

501.15 OPEN ENROLLMENT TRANSFERS - PROCEDURES AS A RECEIVING DISTRICT

The school district will participate in open enrollment as a receiving district. As a receiving district, the board will allow nonresident students, who meet the legal requirements, to open enroll into the school district. The board will have complete discretion to determine the attendance center of the students attending the school district under open enrollment.

The superintendent will approve within 30 days incoming kindergarten applications; good cause application; or continuation of an educational program application.

The superintendent will notify the sending school district and parents within five days of the school district's action to approve or deny the open enrollment request.

Open enrollment requests into the school district will not be approved if insufficient classroom space exists. Open enrollment requests into the school district will also not be approved for students who have been suspended or expelled by the administration or the board of the school district the student is or was attending until the student has been reinstated into the school district from which the student was suspended or expelled. Once the student is reinstated, the student's open enrollment request will be considered in the same manner as other open enrollment requests provided the required timelines are met.

Open enrollment requests into the school district that, if denied, would result in students from the same nuclear family being enrolled in different school districts, will be given highest priority. The board, in its discretion, may waive the insufficient classroom space reason for denial for students of the same nuclear family to prevent the division of a nuclear family between two school districts. Other open enrollment requests into the school district are considered in the order received by the school district with the first open enrollment request given a higher priority than the second open enrollment request and so forth.

Students in grades nine through twelve open enrolling into the school district will be eligible for participation in interscholastic athletics, at the varsity level, in accordance with applicable law.

Parents are responsible for providing transportation to and from the receiving school district without reimbursement unless the parents qualify for transportation assistance.  Upon a parent's request, the board may approve transportation into the sending district.  (The transportation is limited to within 1-2 miles of the district boundary/current bus route, depending on the district.)  The board's approval is subject to the sending district's approval.

An open enrollment request into the school district from parents of a special education student is reviewed on a case-by-case basis. The determining factors for approval of such an open enrollment request will be whether the special education program available in the school district is appropriate for the student's needs and whether the enrollment of the special education student will cause the class size to exceed the maximum allowed. The area education agency director of special education serving the school district will determine whether the program is appropriate. The special education student will remain in the sending district until the final determination is made.  For children requiring special education, the receiving district will complete and provide to the resident district the documentation needed to seek Medicaid reimbursement for eligible services.

The policies of the school district will apply to students attending the school district under open enrollment.

It is the responsibility of the superintendent to develop appropriate office procedures and administrative regulations necessary for open enrollment requests.

   

NOTE: This policy reflects Iowa's open enrollment law. The board needs to determine whether it will delegate authority to the superintendent to approve timely filed open enrollment requests. The 30 days for approval by the superintendent is a recommended practice intended to align with the general time frame boards have to place a request on the next regular school board meeting agenda, and not a legal requirement. These applications should be timely handled as appropriate for the needs of the families and the district. This option is the first set of options on page one of the policy. There are three options available to the board:

  • board retains all approval authority over requests.

  • board delegates all approval authority over requests.

  • board delegates only some approval authority over requests.

 

After the board makes its decision, the policy needs to be edited to reflect the board's decision.

The second option on page two addresses the issue of transportation of the receiving district to pick up open enrolled students. The board needs to establish by policy whether it will go into the sending district to pick up open enrolled students. For more detailed discussion of this issue, see IASB's Policy Primer, Vol. 18 #3 - June 24, 2005.

 

Legal Reference: Iowa Code §§ 139A.8; 274.1; 279.11; 282.1, .3, .8, .18; 299.1.

281 I.A.C. 17.

Cross Reference:

501.6 Student Transfers In

501.7 Student Transfers Out or Withdrawals

501.14 Open Enrollment Transfers - Procedures as a Sending District

506 Student Records

507 Student Health and Well-Being

606.6 Insufficient Classroom Space

 

Approved     1/17/94     Reviewed     3/17/2021          Revised    08/17/2022        

Jen@iowaschool… Sun, 07/28/2019 - 08:45

501.16 HOMELESS CHILDREN AND YOUTH

501.16 HOMELESS CHILDREN AND YOUTH

The Emmetsburg Community School believes all students should have access to a free, appropriate public education. The district will ensure that homeless children and youth have equal access to the same free, appropriate public education as other children and youth. 

The term “homeless children and youth” means individuals who lack a fixed, regular, and adequate nighttime residence. The term includes: 

  • Children and youth who are: 

    • Sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason (sometimes referred to as “doubled up”); 
    • Living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations; 
    • Living in emergency or transitional shelters; or
    • Abandoned in hospitals. 
  • Children and youth who have a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; 

  • Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and 

  • Migratory children who qualify as homeless because they are living in circumstances described above. 

To help ensure that homeless children and youth have a full opportunity to enroll, attend, and succeed at school, the board shall:

  • Designate the guidance counselor as the local homeless children and youth liaison; 

  • Provide training opportunities for staff so staff may help identify and meet the needs of homeless children and youth; 

  • Remove barriers, including those associated with fees, fines, and absences, to the identification, enrollment, retention, attendance and/or success in school for homeless children and youth; 

  • Ensure collaboration and coordination with other service providers; 

  • Ensure transportation is provided in accordance with legal requirements; 

  • Provide school stability in school assignment according to the child’s best interests; 

  • Ensure the privacy of student records, as provided by applicable law, including information about a homeless child or youth’s living situation; 

  • Engage in the dispute resolution process for decisions relating to the educational placement of homeless children and youth as provided by applicable law; and 

  • Prohibit the segregation of a homeless child or youth from other students enrolled in the district. 

The superintendent may develop an administrative process or procedures to implement this policy. 

 

NOTE:  This is a mandatory policy. 

NOTE: The United States Department of Education and the Iowa Department of Education have additional information about implementation of the policy. For additional information, please visit: 

The “Homeless Education” section of the Iowa Department of Education’s website, located at: https://www.educateiowa.gov/pk-12/title-programs/title-x-part-c-homeless-education

Legal Reference:

20 U.S.C. § 6301.

42 U.S.C. § 11302.

42 U.S.C. §§ 11431 et seq.

281 I.A.C. 33.

Cross Reference:

501 Student Attendance

503.3 Fines - Fees - Charges

506 Student Records

507.1 Student Health and Immunization Certificates

603.3 Special Education

711.1 Student School Transportation Eligibility

 

Approved     9/15/97         Reviewed      3/17/2021          Revised    12/21/16     

Jen@iowaschool… Sun, 07/28/2019 - 08:46

501.17 FOREIGN STUDENTS

501.17 FOREIGN STUDENTS

Foreign students must meet all district entrance requirements including age, place of residence and immunization.  Students entering or reentering school from foreign countries will be required to receive the Mantoux tuberculin test before school entry.  Foreign students must be approved by the board. The board reserves the right to limit the number of foreign students accepted. Students who are citizens of a foreign country will be considered residents if they meet one of the following requirements:

 

  • The student resides with his/her parent(s) or legal guardian;

  • The student is in the United States with appropriate documentation (Form I-2o) from the United States Department of Justice-Immigration and Naturalization Services; or

  • The student is a participant in a recognized foreign exchange program; and

  • The student is physically able to attend school and has provided the school district with such proof, including a current TB test.

 

Legal Reference:        Iowa Code § 279.8 (1995).

Cross Reference:    501     Student Attendance

  1. Student Health and Immunization Certificates

Approved    6/25/79            Reviewed     3/17/2021           Revised     7/18/12       

Jen@iowaschool… Sun, 07/28/2019 - 08:48

502 STUDENT RIGHTS AND RESPONSIBILITIES

502 STUDENT RIGHTS AND RESPONSIBILITIES Jen@iowaschool… Sat, 07/27/2019 - 18:22

502.1 STUDENT APPEARANCE

502.1 STUDENT APPEARANCE

The board believes inappropriate student appearance causes material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees and visitors.

Students are expected to adhere to standards of cleanliness and dress that are compatible with the requirements of a good learning environment.  The standards will be those generally acceptable to the community as appropriate in a school setting.

The board expects students to be clean and well-groomed and wear clothes in good repair and appropriate for the time, place and occasion.  Clothing or other apparel promoting products illegal for use by minors and clothing displaying obscene material, profanity, or reference to prohibited conduct, including hidden or double meanings are disallowed.  While the primary responsibility for appearance lies with the students and their parents, appearance disruptive to the education program will not be tolerated. When, in the judgment of a principal, or teacher/staff member, a student's appearance or mode of dress disrupts the educational process or constitutes a threat to health or safety, the student may be required to make modifications.

It shall be the responsibility of the superintendent, in conjunction with the principals, to develop administrative regulations regarding this policy.

Legal Reference:    Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).

    Bethal School District  v. Fraser, 478 U.S. 675 (1986).

    Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969).

    Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).

    Torvik v. Decorah Community School, 453 F.2d 779 (8th Cir. 1972).

    Turley v. Adel Community School District, 322 F.Supp. 402 (S.D. Iowa 1971).

    Sims v. Colfax Comm. School Dist., 307 F.Supp. 485 (Iowa 1970).

    Iowa Code § 279.8 (1999).

Cross Reference:    500    Objectives for Equal Educational Opportunities for Students

    502    Student Rights and Responsibilities

 

Approved    10/17/95            Reviewed     11/21/23            Revised   12/15/21  

Jen@iowaschool… Sun, 07/28/2019 - 08:48

502.1R1 STUDENT APPEARANCE

502.1R1 STUDENT APPEARANCE

   

A student's attire and appearance becomes the concern of school officials if and when that attire tends to disrupt the study within a class.  If, in the opinion of the principal, or teacher/staff member, a student's attire and appearance detracts from attention to school work, the student will be counseled to appear at school in the future in more appropriate attire and may be required to change to a more appropriate dress before going back to class.

School officials recognize the "fashion" of the times and therefore no rigid code is indicated.  However, past experience indicates that the following guidelines are in order.

  1. Students must wear some kind of reasonable footwear; appropriate to the activity or season.

  2. The wearing of clothing bearing profane language or with pornographic overtones or sexual innuendo is prohibited.  Shirts, t-shirts, and sweatshirts with inappropriate slang, hidden or double meanings, slogans, or with advertisements are not acceptable school attire.  Also, clothing that promotes the use of substances or activities that are illegal for minors to use or participate in is prohibited.

  3. Halter tops, tank tops (both boys and girls), and tube tops are unsuitable attire.  Any  article of clothing that exposes a bare midriff is also unsuitable.

  4. Because of the danger involved in the operation of industrial arts equipment, students with long hair may be required to wear hair nets while operating that equipment.  Students may also be required to wear protective goggles and other appropriate protective devices in laboratory classes. Students in these classes will be expected to adhere to other requirements as directed by the teachers involved.

  5. Any style of dress or article of clothing, which interferes with or disrupts the maintenance of a learning atmosphere, is unacceptable.

  6. Hats or caps are unsuitable school attire unless necessary for a specific class or activity; when required for a class activity, they must be worn only during the time that the activity takes place.

Approved   8/18/97          Reviewed      11/21/23       Revised 12/15/21    

Jen@iowaschool… Sun, 07/28/2019 - 08:49

502.10 USE OF MOTOR VEHICLES

502.10 USE OF MOTOR VEHICLES

The board recognizes the convenience to families and students of having students drive to and park at their school attendance center. Driving a motor vehicle to and parking it at the student's attendance center is a privilege.

Students who drive to and park at their school attendance center shall only drive to and park at their designated attendance center or at either their attendance center or a shared district's attendance center for the purpose of attending extracurricular activities. Students may not loiter around or be in their vehicle during the school day without permission from the principal. Students shall leave their attendance center when there is no longer a legitimate reason for them to be at their attendance center. Students who drive shall enter and leave the parking lot by the routes designated by the principal.

Students who live within one mile of school, and would not otherwise be eligible for a student driving permit, may be eligible for a student driving permit, for driving to and from school and school activities and practices after June 1, if the student has completed 8th grade and has completed a driver's education program. 

Students who wish to drive to and park at their school attendance center shall comply with the rules and regulations established by the building principal. Failure to comply with this policy or the school district rules shall be reason for revocation of school driving and parking privileges as well as other disciplinary action including suspension and expulsion.

   

NOTE: This policy is not mandatory. The underlined language, however, needs to be in board policy with the board adding its own criteria.

 

Legal Reference:

Iowa Code §§ 279.8321.

Cross Reference:

502 Student Rights and Responsibilities

   

Approved: _____

Reviewed: _____

Revised: 8/23/23

rmccartan@e-ha… Fri, 04/23/2021 - 08:50

502.2 CARE OF SCHOOL PROPERTY/VANDALISM

502.2 CARE OF SCHOOL PROPERTY/VANDALISM

Policy 502.2 CARE OF SCHOOL PROPERTY/VANDALISM

Students will treat school district property with the care and the respect they would treat their own property. Students found to have destroyed or otherwise harmed school district property may be required to reimburse the school district. They may be subject to discipline under board policy and the school district rules and regulations. They may also be referred to local law enforcement authorities.

It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative rules regarding this policy.

Legal Reference:

Iowa Code §§ 279.8282.4.5613.16.

Cross Reference:

502 Student Rights and Responsibilities

802.1 Maintenance Schedule

  

Approved: 1/15/00

Reviewed: 4/21/21

Revised: 7/18/12

Jen@iowaschool… Sun, 07/28/2019 - 08:50

502.3 STUDENT EXPRESSION AND STUDENT PUBLICATIONS

502.3 STUDENT EXPRESSION AND STUDENT PUBLICATIONS

Policy 502.3 STUDENT EXPRESSION

It is the goal of the district to protect the educational environment for all students to help ensure it is free from substantial disruption or infringement upon their rights.  Student expression should be appropriate to ensure that the students learn and meet the goals of the school activity and that the potential audience is not exposed to material that may be harmful or inappropriate for their level of maturity.

While students will generally be allowed to express their viewpoints and opinions, in certain qualifying circumstances, student speech may require administrative regulation to help ensure the safety and welfare of the school community.  The district may regulate speech that:  causes or is reasonably anticipated to cause a material and substantial disruption to the education environment; infringes upon the rights of others; is obscene or lewd; is school sponsored; and/or promotes illegal activity.  The administration, when making this judgment, will consider whether the activity in which the expression was made is school-sponsored and whether review or prohibition of the students' speech furthers an educational purpose.  The expression must be done in a reasonable time, place, and manner that is not disruptive to the orderly and efficient operation of the school district.

The superintendent may develop procedures for safely addressing qualifying types of mass protests by students, including walk-ins and walk-outs.  Walk-ins occur when students leave their learning environments during school hours and gather in a group or groups with the purpose of promoting a belief or beliefs.  Walk-outs occur when students leave their learning environments during school hours and gather in a group or groups off district property with the purpose of promoting a belief or beliefs. 

The superintendent is encouraged to obtain feedback from community stakeholders in the development of these procedures.  The goal of the procedures shall be to address student safety, maintain the education environment and promote communication during demonstrations while remaining viewpoint neutral.

Students who violate this policy may be subject to disciplinary measures.  Employees are responsible for insuring students' expression is in keeping with this policy.  It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

Student Publications  

Students may produce official school publications as part of the curriculum under the supervision of a faculty advisor and the principal.  Official school publications include material produced in journalism, newspaper, yearbook, or writing classes and distributed to the student body either free or for a fee.

Any expression made by students, including student expression in official school publications, is not an expression of official school policy.  The school district, the board, and the employees or officials are

not liable in any civil or criminal action for any student expression made or published by students unless the employees or officials have interfered with or altered the content of the student speech or expression.  The liability, if any, is only to the extent of the interference or alteration of the speech or expression.

Official school publications are free from prior restraint by employees or officials except as provided by law.  A faculty advisor will supervise student writers to maintain professional standards of English and journalism and to comply with the law including, but not limited to, the restrictions against unlawful speech.  The production of official school publications is guided by the law and by the ethical standards adopted by professional associations or societies of journalism.

Persons, other than students, who believe they have been aggrieved by student expression in a student-produced official school publication will follow the grievance procedure outlined in board policy 213.1.  Students who believe their freedom of expression in a student-produced official school publication has been restricted will follow the grievance procedure outlined in board policy 502.4.

The superintendent is responsible for developing a student publications code.  This code will include, but not be limited to, reasonable rules including time, place, and manner of restrictions.  The superintendent will also be responsible for distributing this policy and the student publications code to the students and their parents.

 

NOTE:  This policy represents the current status of students' first amendment rights.  This is a mandatory policy and accompanying regulation required by Iowa Code ch. 279.73.  Schools are urged to handle all protests through a strictly viewpoint neutral lens.  Districts should consider the need to balance opposing views.  If one social issue is permitted, other opposing viewpoints should also be permitted.

 

Legal Reference:

U.S. Const. amend. I.

Iowa Const. art. I (sec. 7)

Morse v. Frederick, 551 U.S. 393 (2007)

Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).

Bethel School District v. Fraser, 478 U.S. 675 (1986).

New Jersey v. T.L.O., 469 U.S. 325 (1985).

Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969).

Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).

Iowa Code §§ 279.8.73280.22

Cross Reference:

102 Equal Educational Opportunity

502 Student Rights and Responsibilities

504 Student Activities

603.9 Academic Freedom

903.5 Distribution of Materials

   

          

Approved: _____

Reviewed: 9/15/21

Revised: 8/23/21

Jen@iowaschool… Sun, 07/28/2019 - 08:51

Regulation 502.3R1 STUDENT EXPRESSION AND STUDENT PUBLICATIONS CODE

Regulation 502.3R1 STUDENT EXPRESSION AND STUDENT PUBLICATIONS CODE

Regulation 502.3R1 STUDENT EXPRESSION AND STUDENT PUBLICATIONS CODE

A. Student Expression defined:  Student Expression is speech, action or other forms of expression which convey a student’s beliefs, views or opinions.

B. Official school publications defined:  An "official school publication" is material produced by students in journalism, newspaper, yearbook, or writing classes and distributed to students either free or for a fee.

C. Limitations to Student Expression

  1. No student will express, publish or distribute publication material which is:
    1. obscene;
    2. libelous;
    3. slanderous; or
    4. encourages students to:

1) commit unlawful acts;

2) violate lawful school regulations;

3) cause the material and substantial disruption of the orderly and efficient operation of the school or school activity;

4) disrupt or interfere with the education program;

5) interrupt the maintenance of a disciplined atmosphere; or

6) infringe on the rights of others.

D. Responsibilities of students for official school publications.

  1. Students writing or editing official school publications will assign and edit the news, editorial and feature contents of the official school publications subject to the limitations of the student publications code and the law.
  2. Students will strive to achieve professional standards of accuracy, fairness, objectivity and thoroughness in each and every aspect of official school publications.
  3. Students will strive to achieve professional standards of grammar, usage, punctuation and spelling for clarity and accuracy of official school publications.

E. Responsibilities of faculty advisors for official school publications.

Faculty advisors will supervise student writers to maintain professional standards of English and journalism and to comply with the law including, but not limited to, the restrictions against unlawful speech. Official school publications are produced under the supervision of a faculty advisor.  Faculty advisors to students producing official school publications shall supervise the production of the student staff in order to maintain professional standards of English journalism.  District employees acting within the scope of their professional ethics will not suffer adverse employment action or retaliated against for acting to protect a student for engaging in authorized student expression or for refusing to infringe on protected student expression.

F. District employee rights

Any District employee or official, acting within the scope of that person’s professional ethics, if any, shall not be dismissed, suspended, disciplined, reassigned, transferred, subject to termination or nonrenewal of a teaching contract or extracurricular contract, or otherwise retaliated against for acting to protect a student for engaging in expression protected by law, or refusing to infringe upon student expression that is protected by law.

G. Liability

Student expression, including student expression in an official school publication will not be deemed to be an expression of the school district.  The school district, the board, and the employees or officials are not liable in any civil or criminal action for any student expression made or published by students unless the employees or officials have interfered with or altered the content of the student expression.  The liability, if any, is only to the extent of interference or alteration of the speech or expression.

H. Appeal procedure

  1. Students who believe they have been unreasonably restricted in their exercise of expression in an official student publication will seek review of the decision through the student grievance procedure, under board policy 502.4.
  2. Persons who believe they have been aggrieved by a student-produced official student publication will file their complaint through the citizen grievance procedure, under board policy 213.1.

I. Time, place and manner of restrictions on student expression.

  1. Student expression may be conveyed and official student publications may be distributed in a reasonable manner on or off school premises.
  2. Student expression and distribution of official school publications in a reasonable manner will not encourage students to:
    1. commit unlawful acts;
    2. violate school rules;
    3. cause the material and substantial disruption of the orderly and efficient operation of the school district or school activity;
    4. disrupt or interfere with the education program;
    5. interrupt the maintenance of a disciplined atmosphere; or
    6. infringe on the rights of others

Approved: 9/15/21       Reviewed:                 Revised:

ahaack@e-hawks.org Mon, 08/23/2021 - 13:48

502.4 STUDENT COMPLAINTS AND GRIEVANCES

502.4 STUDENT COMPLAINTS AND GRIEVANCES

Policy 502.4 STUDENT COMPLAINTS AND GRIEVANCES

Creating an environment where students feel comfortable addressing their concerns in a meaningful manner is vital to the learning process.  It is the goal of the board to resolve student complaints at the lowest organizational level.  Student complaints and grievances regarding board policy or administrative regulations, or other matters should first be addressed to the student's teacher or another licensed employee, other than the administration, for resolution of the complaint. 

If the complaint cannot be resolved by a student’s teacher or other licensed employee, the student may discuss the matter with the principal within 10 days of the employee's decision.  If the matter cannot be resolved by the principal, the student may discuss it with the superintendent within 10 days after speaking with the principal.

If the matter is not satisfactorily resolved by the superintendent, the student may ask to have the matter placed on the board agenda of a regularly scheduled board meeting in compliance with board policy.  The board retains discretion as to whether to consider or take action on any complaint.

  

NOTE:  There should be reasonable limits on the number of days a student has to pursue a complaint.  Cross reference with the number of days listed in policy 401.4 for consistency.

Legal Reference:

Iowa Code § 279.8

Cross Reference:

210.8 Board Meeting Agenda

213 Public Participation in Board Meetings

502 Student Rights and Responsibilities

504.3 Student Publications

 

Approved    1/17/94            Reviewed     4/21/21            Revised    12/15/21       

Jen@iowaschool… Sun, 07/28/2019 - 08:52

502.5 STUDENT LOCKERS

502.5 STUDENT LOCKERS

Policy 502.5 STUDENT LOCKERS

Student lockers are the property of the school district. Students will use the lockers assigned to them by the school district for storing their school materials and personal belongings necessary for attendance at school. It is the responsibility of students to keep their assigned lockers clean and undamaged.

To ensure students are properly maintaining their assigned lockers, the principal of the building may periodically inspect all or a random selection of lockers. Either students or another individual will be present during the inspection of lockers. Student lockers may also be searched, at any time and without advance notice, in compliance with board policy regulating search and seizure.

  

NOTE: Iowa law requires students or another individual to be present during the inspection of lockers. For locker searches, see Policy 502.8, Search and Seizure.

 

Legal Reference:

Iowa Code §§ 279.8280.14808A.

Cross Reference:

502 Student Rights and Responsibilities

  

Approved: _____

Reviewed: 4/21/2021

Revised: 3/17/2021

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Jen@iowaschool… Sun, 07/28/2019 - 08:52

502.6 WEAPONS

502.6 WEAPONS

Policy 502.6 WEAPONS

The board believes weapons, other dangerous objects and look-a-likes in school district facilities cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees and visitors on the school district premises or property within the jurisdiction of the school district.

School district facilities are not an appropriate place for weapons, dangerous objects and look-a-likes. Weapons and other dangerous objects and look-a-likes will be taken from students and others who bring them onto the school district property or onto property within the jurisdiction of the school district or from students who are within the control of the school district.

Parents of students found to possess weapons, dangerous objects or look-a-likes on school property are notified of the incident. Possession or confiscation of weapons, dangerous objects or look-a-likes will be reported to law enforcement officials, and students will be subject to disciplinary action including suspension or expulsion.

Students bringing firearms to school or knowingly possessing firearms at school will be expelled for not less than one year. The superintendent has the authority to recommend this expulsion requirement be modified for students on a case-by-case basis. For purposes of this portion of this policy, the term "firearm" includes, but is not limited to, any weapon which is designed to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, a muffler or silencer for such a weapon, any explosive, incendiary or poison gas, or otherwise defined by applicable law.

Weapons under the control of law enforcement officials or other individuals specifically authorized by the board are exempt from this policy. The superintendent may develop an administrative process or procedures to implement the policy.

   

NOTE: This is a mandatory policy.

NOTE: The board may specifically authorize individuals to be armed with, carry, or transport a firearm on school grounds under limited circumstances outlined in law. Reasons for this authorization may include, conducting instructional programs regarding firearms or for conducting an Iowa Department of Natural Resources approved hunter education course or shooting sports activities course on school property.

 

Legal Reference:

18 U.S.C. § 921

Iowa Code §§ 279.8280.21B483A.27(11), 724

281 I.A.C. 12.3(6)

Cross Reference:

502 Student Rights and Responsibilities

503 Student Discipline

507 Student Health and Well-Being

  

Approved: _____

Reviewed: _5-19-2021____

Revised: _____

Jen@iowaschool… Sun, 07/28/2019 - 08:53

502.7 STUDENT SUBSTANCE USE

502.7 STUDENT SUBSTANCE USE

The board believes it is imperative to promote the health and well-being of all students in the district.  The district will provide a substance use prevention program and set restrictions on substance use by students in accordance with applicable law.

The board prohibits the distribution, dispensing, manufacture, possession, use, or being under the influence of alcohol, tobacco/nicotine products, other controlled substances, or "look alike" substances that appear to be tobacco/nicotine products, alcohol or controlled substances by students while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if the misconduct will directly affect the good order, efficient management and welfare of the school district. "Controlled substances" in this policy refers to the misuse of both licit and illicit drugs. 

The board believes such illegal, unauthorized or contraband materials generally cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees, or visitors.

Violation of this policy by students will result in disciplinary action including suspension or expulsion. Use, purchase or being in possession of tobacco/nicotine products for those under the age of twenty-one, may be reported to the local law enforcement authorities. Possession, use or being under the influence of alcohol and/or of a controlled substance may also be reported to the local law enforcement authorities.

Students who violate the terms of this policy may be required to satisfactorily complete a substance use assistance or rehabilitation program approved by the school board. If such student fails to satisfactorily complete such a program, the student may be subject to discipline including suspension or expulsion.

The board believes the substance use prevention program will include:

  • Age-appropriate, evidence-based substance use prevention curriculum for students in grades kindergarten through twelve, which address the legal, social, and health consequences of tobacco, drug and alcohol use and which provide information about effective techniques for resisting social pressure to use tobacco, drugs or alcohol;

  • A statement to students that the use of controlled substances and the unlawful possession and use of tobacco/nicotine products and alcohol is harmful to student well-being;

  • Standards of conduct for students that clearly prohibit, at a minimum, the unlawful possession, use, being under the influence of or distribution of controlled substances, tobacco/nicotine products and/or alcohol by students on school premises or as part of any of its activities;

  • A clear statement that disciplinary sanctions, up to and including suspension or expulsion and referral for prosecution, will be imposed on students who violate the policy and a description of those sanctions;

  • A statement that students may be required to complete a substance use evaluation to determine whether substance use disorder treatment is recommended and, if recommended, successfully complete an appropriate rehabilitation program;

  • Information about drug and alcohol counseling and rehabilitation and re-entry programs available to students;

  • A requirement that parents and students be given a copy of the standards of conduct and the statement of disciplinary sanctions required; and,

  • Notification to parents and students that compliance with the standards of conduct is mandatory.

It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

  

NOTE: This policy is mandatory and complies with the federal Drug-Free Schools Act but is expanded to also include tobacco products. This policy reflects Iowa law regarding tobacco products and minors.

 

Legal Reference:

34 C.F.R. Pt. 86.

Iowa Code §§ 123.46124279.8.9453A.

281 I.A.C. 12.3(6); .5(3)(e), .5(4)(e), .5(5)(e).

Cross Reference:

502 Student Rights and Responsibilities

503 Student Discipline

507 Student Health and Well-Being

   

Approved: _____

Reviewed: 5-19-2021

Revised: 4/17/24

Jen@iowaschool… Sun, 07/28/2019 - 08:54

502.8 SEARCH AND SEIZURE

502.8 SEARCH AND SEIZURE

School district property is held in public trust by the board.  School district authorities may, without a search warrant, search students or protected student areas based on a reasonable and articulable suspicion that a school district policy, rule, regulation or law has been violated.  The search is in a manner reasonable in scope to maintain order and discipline in the schools, promote the educational environment, and protect the safety and welfare of students, employees and visitors to the school district facilities.  The furnishing of a locker, desk or other facility or space owned by the school and provided as a courtesy to a student, even if the student provides the lock for it, will not create a protected student area and will not give rise to an expectation of privacy with respect to the locker, desk, or other facility.

School authorities may seize any illegal, unauthorized or contraband materials discovered in the search.  Items of contraband may include, but are not limited to, nonprescription controlled substances, marijuana, cocaine, amphetamines, barbiturates, apparatus used for controlled substances, alcoholic beverages, tobacco/nicotine, weapons, explosives, poisons and stolen property.  Such items are not to be possessed by a student while they are on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.  Possession of such items will be grounds for disciplinary action including suspension or expulsion and may be reported to local law enforcement officials.  The board believes that illegal, unauthorized or contraband materials may cause material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees, or visitors on the school district premises or property within the jurisdiction of the school district.

It is the responsibility of the superintendent, in conjunction with the principals, to develop administrative regulations regarding this policy.

 

NOTE:  This policy reflects the law regarding school district authority for searching students, their possessions and their lockers.  Substantive changes were made to 502.8R1.

Legal Reference:

U.S. Const. amend. IV.

New Jersey v. T.L.O., 469 U.S. 325 (1985).

Cason v. Cook, 810 F.2d 188 (8th Cir. 1987), cert. den., 482 U.S. 930 (1987).

Iowa Code ch. 808A.

281 I.A.C. 12.3(6).

Cross Reference:

502 Student Rights and Responsibilities

503 Student Discipline

905.2 Tobacco/Nicotine-Free Environment

           

Approved: _____

Reviewed: 5-19-2021

Revised: _____

Jen@iowaschool… Sun, 07/28/2019 - 08:55

502.8E1 SEARCH AND SEIZURE CHECKLIST

502.8E1 SEARCH AND SEIZURE CHECKLIST

(FORM ATTACHED)

 

 

Jen@iowaschool… Sun, 07/28/2019 - 09:43
File Attachments

502.8R1 SEARCH AND SEIZURE REGULATION

502.8R1 SEARCH AND SEIZURE REGULATION

I.    Searches, in general.

    A.    Reasonable and Articulable Suspicion:  A search of a student will be justified when there are reasonable grounds for the suspicion that the search will turn up evidence that the student has violated or is violating the law or school district policy, rules, or regulations affecting school order.

        Reasonable suspicion may be formed by considering factors such as the following:

        (1)    eyewitness observations by employees;

        (2)    information received from reliable sources;

        (3)    suspicious behavior by the student; or,

        (4)    the student's past history and school record although this factor alone is not sufficient to provide the basis for reasonable suspicion.

    B.    Reasonable Scope:  A search will be permissible in its scope or intrusiveness when the measures adopted are reasonably related to the objectives of the search.  Reasonableness of scope or intrusiveness may be determined based on factors such as the following:

        (1)  the age of the student;

        (2)  the sex of the student;

        (3)  the nature of the infraction; and

        (4)  the emergency requiring the search without delay.

 

II.  Types of Searches

    A.    Personal Searches

        1.    A student's person and/or personal effects (e.g., purse, backpack, etc.) may be searched when a school official has reasonable suspicion to believe the student is in possession of illegal or contraband items or has violated school district policies, rules, regulations or the law affecting school order.

        2.    Personally intrusive searches will require more compelling circumstances to be considered reasonable.

            (a)    Pat-Down Search:  If a pat-down search or a search of a student's garments (such as jackets, socks, pockets, etc.) is conducted, it will be conducted in private by a school official of the same sex as the student and with another adult witness of the same sex present, when feasible.

            (b)    A more intrusive search, short of a strip search, of the student's person, handbags, book bags, etc., is permissible in emergency situations when the health and safety of students, employees, or visitors are threatened.  Such a search may only be conducted in private by a school official of the same sex as the student, with an adult of the same sex present unless the health or safety of students will be endangered by the delay which may be caused by following these procedures.

    B.    Locker and Desk Inspections 

        Although school lockers and desks are temporarily assigned to individual students, they remain the property of the school district at all times.  The school district has a reasonable and valid interest in insuring the lockers and desks are properly maintained. For this reason, periodic inspections of lockers is permissible to check for cleanliness and vandalism.  General maintenance inspections may be conducted by school officials without the student’s consent and without a search warrant either in the presence of the student whose locker is being inspected or in the presence of another person.  Any contraband discovered during such searches shall be confiscated by school officials and may be turned over to law enforcement officials.

        The student's locker  and its contents may be searched when a school official has reasonable suspicion that the locker contains illegal or contraband items.  Such searches should be conducted in the presence of another adult witness when feasible. "School officials may periodically use the assistance of a drug detection dog to assist in such inspections.  No students will be present at lockers or in the hallway when the dog is in the facility."

    C.    Automobile Searches

        Students are permitted to park on school premises as a matter of privilege, not of right.  The school retains authority to conduct routine patrols of the student parking lots. The interior of a student's automobile on the school premises may be searched if the school official has reasonable and articulable suspicion to believe that illegal, unauthorized or contraband items are contained inside.

 

Approved    1/22/01            Reviewed     5-19-2021            Revised      1/16/06____      

 

               

Jen@iowaschool… Sun, 07/28/2019 - 09:44

502.9 INTERVIEWS OF STUDENTS BY OUTSIDE AGENCIES

502.9 INTERVIEWS OF STUDENTS BY OUTSIDE AGENCIES

Generally, students may not be interviewed during the school day by persons other than parents and school district officials and employees.

Requests from law enforcement officers and from persons other than parents, school district officials, and employees to interview students are made through the principal's office. Upon receiving a request, it is the responsibility of the principal to determine whether the request will be granted. Generally, prior to granting a request, the principal will attempt to contact the parents to inform them of the request and to ask them to be present.

If a child abuse investigator wishes to interview a student, the principal will defer to the investigator's judgment as to whether the student should be interviewed independently from the student's parents, whether the school is the most appropriate setting for the interview, and who will be present during the interview.

Students will not be taken from school without the consent of the principal and without proper warrant.

   

NOTE: Iowa law does not address access to students by law enforcement authorities or other officials. This policy reflects the generally accepted practice of school districts.

 

Legal Reference:

Iowa Code §§ 232280.17.

281 I.A.C. 102.

441 I.A.C. 9.2155175.

Cross Reference:

402.2 Child Abuse Reporting

502.8 Search and Seizure

503 Student Discipline

902.4 Students and the News Media

  

Approved: _____

Reviewed: 5-19-2021

Revised: _____

Jen@iowaschool… Sun, 07/28/2019 - 09:45

502.10 USE OF MOTOR VEHICLES

502.10 USE OF MOTOR VEHICLES

The board recognizes the convenience to families and students of having students drive to and park at their school attendance center. Driving a motor vehicle to and parking it at the student's attendance center is a privilege.

Students who drive to and park at their school attendance center shall only drive to and park at their designated attendance center or at either their attendance center or a shared district's attendance center for the purpose of attending extracurricular activities. Students may not loiter around or be in their vehicle during the school day without permission from the principal. Students shall leave their attendance center when there is no longer a legitimate reason for them to be at their attendance center. Students who drive shall enter and leave the parking lot by the routes designated by the principal.

Students who live within one mile of school, and would not otherwise be eligible for a student driving permit, may be eligible for a student driving permit, for driving to and from school and school activities and practices, if the student (  insert criteria here  ).

Students who wish to drive to and park at their school attendance center shall comply with the rules and regulations established by the building principal. Failure to comply with this policy or the school district rules shall be reason for revocation of school driving and parking privileges as well as other disciplinary action including suspension and expulsion.

   

NOTE: This policy is not mandatory. The underlined language, however, needs to be in board policy with the board adding its own criteria.

 

Legal Reference:

Iowa Code §§ 279.8321.

Cross Reference:

502 Student Rights and Responsibilities

   

Approved: _____

Reviewed:5-19-2021

Revised: _____

Jen@iowaschool… Sun, 07/28/2019 - 13:59

503 STUDENT DISCIPLINE

503 STUDENT DISCIPLINE Jen@iowaschool… Sat, 07/27/2019 - 18:23

503.1 STUDENT CONDUCT

503.1 STUDENT CONDUCT

Policy 503.1 STUDENT CONDUCT

The board believes inappropriate student conduct causes material and substantial disruption to the school environment, interferes with the rights of others, or presents a threat to the health and safety of students, employees, and visitors on school premises.  Appropriate classroom behavior allows teachers to communicate more effectively with students.

 

Students will conduct themselves in a manner fitting to their age level and maturity and with respect and consideration for the rights of others while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.  Consequences for the misconduct will be fair and developmentally appropriate in light of the circumstances.

 

Students who fail to abide by this policy, and the administrative regulations supporting it, may be disciplined for conduct which disrupts or interferes with the education program; conduct which disrupts the orderly and efficient operation of the school district or school activity; conduct which disrupts the rights of other students to participate in or obtain their education; conduct that is violent or destructive; or conduct which interrupts the maintenance of a disciplined atmosphere.  Disciplinary measures include, but are not limited to, removal from the classroom, detention, suspension, probation, and expulsion.

 

Removal from the classroom means a student is sent to the building principal's office.  It is within the discretion of the person in charge of the classroom to remove the student.  

 

Detention means the student's presence is required during non-school hours for disciplinary purposes.  The student can be required to appear prior to the beginning of the school day, after school has been dismissed for the day, or on a non-school day.  Whether a student will serve detention, and the length of the detention, is within the discretion of the licensed employee or the building principal, disciplining the student.

 

 In-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision.  An in-school suspension will not exceed ten consecutive school days.  

 

Out-of-school suspension means the student is removed from the school environment, which includes school classes and activities.  An out-of-school suspension will not exceed ten consecutive school days unless due process is provided as required by federal and state law.  A restriction from school activities means a student will attend school and classes and practice but will not participate in school activities.

 

Probation means a student is given a conditional suspension of a penalty for a definite period of time in addition to being reprimanded.  The conditional suspension will mean the student must meet the conditions and terms for the suspension of the penalty.  Failure of the student to meet these conditions and terms will result in immediate reinstatement of the penalty.

 

Expulsion means an action by the board to remove a student from the school environment, which includes, but is not limited to, classes and activities, for a period of time set by the board.

 

This policy is not intended to address the use of therapeutic classrooms or seclusion rooms for students. 

 

Discipline of special education students, including suspensions and expulsions, will comply with the provisions of applicable federal and state laws. 

 

It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

 

NOTE:  This is a mandatory policy and outlines the school district's basic student conduct.  Details of how this policy will be implemented should be included in the student handbook.  

 

Legal Reference:

Goss v. Lopez, 419 U.S. 565 (1975).

Brands v. Sheldon Community School District, 671 F. Supp. 627 (N.D. Iowa 1987).

Sims v. Colfax Comm. School Dist., 307 F. Supp. 485 (Iowa 1970).

Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972).

Board of Directors of Ind. School Dist. of Waterloo v. Green, 259 Iowa 1260, 147   

    N.W.2d 854 (1967).

Iowa Code §§ 279.8;282.3, 282.4, 282.5; 708.1.

281 I.A.C. 12.3(6)

 

Adopted: 12/20/23                      Reviewed:                                Revised:

   
Jen@iowaschool… Sun, 07/28/2019 - 09:46

503.1R1 STUDENT SUSPENSION

503.1R1 STUDENT SUSPENSION

Administration Action

A.    Probation

    1.    Probation is conditional suspension of a penalty for a set period of time.  Probation may be imposed by the principal for infractions of school rules that do not warrant the necessity of removal from school.

    2.    The principal will conduct an investigation of the allegations against the student prior to imposition of probation.  The investigation will include, but not be limited to, written or oral notice to the student of the allegations against the student and an opportunity to respond.  Written notice and reasons for the probation will be sent to the parents.

 

B.    In-School Suspension

    1.    In-school suspensions may be imposed by the principal for infractions of school rules which are serious but which do not warrant the necessity of removal from school.

    2.    The principal shall conduct an investigation of the allegations against the student prior to imposition of an in-school suspension.  The investigation will include, but not be limited to, written or oral notice to the student of the allegations against the student and an opportunity to respond.  In-school suspension will not be imposed for more than ten school days. Written notice and reasons for the in-school suspension will be sent to the student's parents.

 

C.    Out-of-School Suspension

1.    Out-of-school suspension is to be used when other available school resources are unable to constructively remedy student misconduct.

2.    A student may be suspended out of school for up to ten school days by a principal for a commission of gross or repeated infractions of school rules, regulations, policy or the law, or when the presence of the student will cause interference with the maintenance of the educational environment or the operation of the school.  The principal may suspend students after conducting an investigation of the charges against the student, giving the student:

        a.    Oral or written notice of the allegations against the student and

        b.    The opportunity to respond to those charges.

        At the principal's discretion, the student may be allowed to confront witnesses against the student or present witnesses on behalf of the student.

    3.    Notice of the out-of-school suspension will be mailed no later than the end of the school day following the suspension to the student's parents and the superintendent.  A reasonable effort shall be made to personally notify the student's parents and such effort shall be documented by the person making or attempting to make the contact. Written notice to the parents shall include the circumstances which led to the suspension and a copy of the board policy and rules pertaining to the suspension.

 

D.    Suspensions and Special Education Students

    1.    Students who have been identified as special education students may be referred for a review of the student's Individual Education Program (IEP).  The IEP may be revised to include a continuum of intervention strategies and programming to change the behavior.

    2.    Students who have not been identified as special education students may be referred for evaluation after the student's suspension to determine whether the student has a disability and is in need of special education.

 

 

Approved    6/25/79            Reviewed     6/16/2021            Revised     4/17/24       

Jen@iowaschool… Sun, 07/28/2019 - 09:47

503.2 EXPULSION

503.2 EXPULSION

Only the board may remove a student from the school environment.  The removal of a student from the school environment, for more than ten (10) consecutive school days.

Students may be expelled for violations of board policy, school rules or the law.  It shall be within the discretion of the board to discipline a student by using an expulsion for a single offense or for a series of offenses depending on the nature of the offense and the circumstances surrounding the offense.

It shall be within the discretion of the superintendent to recommend to the board the expulsion of a student for disciplinary purposes.  Only the board may take action to expel a student and to readmit the student. The principal shall keep records of expulsions in addition to the board's records.

When a student is recommended for expulsion by the board, the student shall be provided with:

    1.    Notice of the reasons for the proposed expulsion;

    2.    The names of the witnesses and an oral or written report on the facts to which each witness testifies unless the witnesses are students whose names may be released at the discretion of the superintendent;

    3.    An opportunity to present a defense against the charges and provide either oral testimony or written affidavits of witnesses on the student's behalf;

    4.    The right to be represented by counsel; and,

    5.    The results and finding of the board in writing open to the student's inspection.

In addition to these procedures, a special education student must be provided with additional procedures.  A determination should be made of whether the student is actually guilty of the misconduct. A staffing team should determine whether the student's behavior is caused by the student's disability and whether the conduct is the result of inappropriate placement.  Discussions and conclusions of this meeting should be recorded.

If the special education student's conduct is not caused by the disability, the student may be expelled or suspended for a long-term period following written notice to the parent and pursuant to the school district's expulsion hearing procedures.  If the misconduct is caused by the disability and a change in placement is recommended, the change must be made pursuant to the placement procedures used by the school district.

NOTE: This is a mandatory policy and is a reflection of Iowa law regarding student expulsion. It is consistent with the due process requirements of the 14th amendment to the U.S. Constitution. The last two paragraphs reflect federal special education law.
 

Legal Reference:    Goss v. Lopez, 419 U.S. 565 (1975).

    Wood v. Strickland, 420 U.S. 308 (1975).

    Southeast Warren Comm. School District v. Dept. of Public Instruction, 285 N.W.2d 173 (Iowa 1979).

    Iowa Code §§ 21.5; 282.3, .4, .5 (1999).

    281 I.A.C. 12.3(8).

Cross Reference:    502    Student Rights and Responsibilities

    503    Student Discipline

Approved    6/25/79            Reviewed     6/16/2021            Revised     4/17/24       

Jen@iowaschool… Sun, 07/28/2019 - 09:48

503.3 FINES - FEES - CHARGES

503.3 FINES - FEES - CHARGES

The board believes students should respect school district property and assist in its preservation for future use by others. Students may be assessed fines, charges, or fees for the materials needed in a course, for overdue school materials, for participating in activities, or for misuse of school property.

The superintendent will inform the board of the dollar amount to be charged to students or others for fines, charges, or fees annually. Parents of students meeting specific financial eligibility standards will be eligible for a waiver of student fees or a reduction of student fees based upon the request of the parent. It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

   

NOTE: This is a mandatory policy.

  

Legal Reference:

Iowa Code §§ 256.7(20); 279.8280.10.11282.6285.1301.1.

281 I.A.C. 18.2.

Cross Reference:

501.16 Homeless Children & Youth

502 Student Rights and Responsibilities

503 Student Discipline

    

Approved    8/19/96            Reviewed     6/16/2021            Revised     7/18/12       

Jen@iowaschool… Sun, 07/28/2019 - 09:49

503.3E1 STANDARD FEE WAIVER APPLICATION

503.3E1 STANDARD FEE WAIVER APPLICATION

(FORM ATTACHED)

 

 

Jen@iowaschool… Sun, 07/28/2019 - 09:50
File Attachments

503.3R1 STUDENT FEE WAIVER AND REDUCTION PROCEDURES

503.3R1 STUDENT FEE WAIVER AND REDUCTION PROCEDURES

The board recognizes that while certain fees charged students are appropriate and authorized, certain students and their families are not financially able to pay the fees.  The school district will grant either full waivers, partial waivers or temporary waivers depending upon the circumstances and the student or student's parents' ability to meet the financial criteria.

 

    A.    Waivers - 

        1.    Full Waivers - a student will be granted a full waiver of fees charged by the school district if the student or student's parents meet the financial eligibility criteria for free meals under the (Child Nutrition program, Family Investment Program or transportation assistance under open enrollment.  Students in foster care are also eligible for full waivers.)

        2.    Partial Waivers - a student will be granted a partial waiver of fees charged by the school district if the student or the student's parents meet the financial eligibility criteria for reduced price meals offered under the Child Nutrition program.  The reduction percentage will be 40 percent.

        3.    Temporary Waivers - a student may be eligible for a temporary waiver of fees charged by the district in the event the student's parents are facing financial difficulty.  Temporary waivers may be applied for at any time throughout the school year and shall not extend beyond the end of the school year.

 

    B.    Application - Parents or students eligible for a fee waiver shall make an application on the form provided by the school district.  Applications may be made at any time but must be renewed annually.

 

    C.    Confidentiality - The school district will treat the application and application process as any other student record and student confidentiality and access provisions will be followed.

 

    D.    Appeals - Denials of a waiver may be appealed to the Superintendent of Schools in written form.  The Superintendent will respond in writing within 10 days of receiving the appeal.  If the appellant is not satisfied with the Superintendent’s response it may be appealed to the Local Board of Education where the appeal will be heard in closed session.  The appellant may be assisted or represented by an attorney or other person. If the appellant is still not satisfied the matter may be appealed to the Department of Education.

 

    E.    Fines or charges assessed for damage or loss to school property are not fees and will not be waived.

 

    F.    Notice - the school district will annually notify parents and students of the waiver.  The following information will be included in registration materials and printed in the Parent/Student handbook:

 

Students whose families meet the income guidelines for free and reduced price lunch, the Family Investment Program (FIP), Supplemental Security Income (SSI), transportation assistance under open enrollment, or who are in foster care are eligible to have their student fees waived or partially waived.  Students whose families are experiencing a temporary financial difficulty may be eligible for a temporary waiver of student fees. Parents or students who believe they may qualify for temporary financial hardship should contact the principal or secretary at registration time for a waiver form. This waiver does not carry over from year to year and must be completed annually.

 

Approved    8/19/96          Reviewed 6/16/2021    Reviewed   7/18/12        

Jen@iowaschool… Sun, 07/28/2019 - 09:51

503.4 GOOD CONDUCT RULE

503.4 GOOD CONDUCT RULE

Participation in school activities is a privilege.  School activities provide the benefits of promoting additional interests and abilities in the students during their school years and for their lifetimes.

 

Students who participate in extracurricular activities serve as ambassadors of the school district throughout the calendar year, whether away from school or at school.  Students who wish to have the privilege of participating in extracurricular activities must conduct themselves in accordance with board policy and must refrain from activities that are illegal, immoral or unhealthy.

 

Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures.  The principal shall keep records of violations of the good conduct rule.

 

It shall be the responsibility of the superintendent to develop rules and regulations for school activities.  Students wanting to participate in school activities must meet the requirements set out by the school district for participation in the activity.

 

Transfer Students:

Any student declared ineligible under a prior school district’s Good Conduct Rule, and then without having completed the full period of ineligibility at that school transfers to Emmetsburg High School, will not be eligible for interscholastic competition at Emmetsburg High School until the full period of ineligibility has been completed.  Once that time period of ineligibility has been completed, the student is then immediately eligible for interscholastic competition at Emmetsburg High School as far as any Good Conduct Rule is concerned.

 

NOTE:  This is a mandatory policy.  The detail outlining specific conduct expected and penalties for violation should be in the student handbook, and students involved in extracurricular activities must be notified of its contents.

 

Legal Reference:    Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972).

    In re Jason Clark, 1 D.P.I. App. Dec. 167 (1978).

    Iowa Code §§ 280.13, .13A (2013).

    281 I.A.C. 12.3(8); 36.15(1).

Cross Reference:    502    Student Rights and Responsibilities

    503    Student Discipline

    504    Student Activities

Approved    6/25/76            Reviewed     8/18/21            Revised     1/18/17       

Jen@iowaschool… Sun, 07/28/2019 - 09:52

503.5 CORPORAL PUNISHMENT

503.5 CORPORAL PUNISHMENT

Policy 503.5 CORPORAL PUNISHMENT, MECHANICAL RESTRAINT AND PRONE RESTRAINT

The use of corporal punishment, mechanical restraint and/or prone restraint is prohibited in all schools.  Corporal punishment is defined as the intentional physical punishment of a student.  It includes the use of unreasonable or unnecessary physical force or physical contact made with the intent to harm or cause pain.  No employee is prohibited from any of the following which are not considered corporal punishment:

  • Using reasonable and necessary force, not designed or intended to cause pain, in order to accomplish any of the following:

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

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

-- For the purposes of self-defense or defense of others as provided for in Iowa Code section 704.3.

-- For the protection of property as provided for in IOWA CODE section 704.4 or 704.5.

-- To remove a disruptive student from class or any area of school premises or from school-sponsored activities off school premises.

-- To protect a student from the self-infliction of harm.

-- To protect the safety of others.

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

Mechanical restraint means the use of a device as a means of restricting a student’s freedom of movement.  Mechanical restraint does not mean a device used by a trained individual for specific approved therapeutic or safety purposes for which the device was designed and, if applicable, prescribed, including restraints for medical immobilization, adaptive devices or mechanical supports used to allow greater freedom of mobility than would be possible without use of such devices or mechanical supports; and vehicle safety restraints when used as intended during the transport of a student in a moving vehicle. 

Prone restraint means any restraint in which the student is held face down on the floor. 

Reasonable force should be commensurate with the circumstances of the situation.  The following factors should be considered in using reasonable physical force for the reasons stated in this policy:

  1. The size and physical, mental, and psychological condition of the student;
  2. The nature of the student's behavior or misconduct provoking the use of physical force;
  3. The instrumentality used in applying the physical force;
  4. The extent and nature of resulting injury to the student, if any, including mental and psychological injury;
  5. The motivation of the school employee using physical force.

Upon request, the student's parents are given an explanation of the reasons for physical force.

It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

Legal Reference:

Ingraham v. Wright, 430 U.S. 651 (1977).

Goss v. Lopez, 419 U.S. 565 (1975).

Tinkham v. Kole, 252 Iowa 1303, 110 N.W.2d 258 (1961).

Iowa Code §§ 279.8280.21.

281 I.A.C. 12.3(6); 103.

Cross Reference:

402.3 Abuse of Students by School District Employees

502 Student Rights and Responsibilities

503 Student Discipline

503.6 Physical Restraint and Seclusion of Students

         

Approved                    Reviewed 4/21/2021  Revised 3/17/2021

Jen@iowaschool… Sun, 07/28/2019 - 09:53

503.6 PHYSICAL RESTRAINT AND SECLUSION OF STUDENTS

503.6 PHYSICAL RESTRAINT AND SECLUSION OF STUDENTS

Policy 503.6 PHYSICAL RESTRAINT AND SECLUSION OF STUDENTS

It is the goal of the district that all students can learn and grow in a safe and peaceful environment that nurtures the student and models respect for oneself and others.  On occasion, trained district employees and others may have to use behavior management interventions, physical restraint and/or seclusion of students.  The goal of these interventions is to promote the dignity, care, safety, welfare and security of each child and the school community.  With this objective in mind, the district will prioritize the use of the least restrictive behavioral interventions appropriate for the situation.

Physical restraint means a personal restriction that immobilizes or reduces the ability of a student to move the student’s arms, legs, body, or head freely.  Physical restraint does not mean a technique used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which the technique was designed and, if applicable, prescribed.  Physical restraint does not include instructional strategies, such as physically guiding a student during an educational task, hand-shaking, hugging, or other non-disciplinary physical contact. 

Seclusion means the involuntary confinement of a child in a seclusion room or area from which the child is prevented or prohibited from leaving; however, preventing a child from leaving a classroom or school building are not considered seclusion.  Seclusion does not include instances when a school employee is present within the room and providing services to the child, such as crisis intervention or instruction. 

Physical restraint or seclusion is reasonable or necessary only:

  • To prevent or terminate an imminent threat of bodily injury to the student or others; or
  • To prevent serious damage to property of significant monetary value or significant nonmonetary value or importance; or
  • When the student’s actions seriously disrupt the learning environment or when physical restraint or seclusion is necessary to ensure the safety of the student or others; and
  • When less restrictive alternatives to seclusion or physical restraint would not be effective, would not be feasible under the circumstances, or have failed in preventing or terminating the imminent threat or behavior; and
  • When the physical restraint or seclusion complies with all applicable laws.

Prior to using physical restraint or seclusion, employees must receive training in accordance with the law.  Any individual who is not employed by the district but whose duties could require the individual to use or be present during the use of physical restraint or seclusion on a student will be invited to participate in the same training offered to employees on this topic. 

When required by law, the superintendent or the superintendent’s designee will ensure a post-occurrence debriefing meeting is held, maintain documentation and fulfill all reporting requirements for each occurrence of physical restraint or seclusion as required by law. 

   

NOTE:  This policy is not mandatory.  However, there are specific requirements for school districts to fulfill before and after using physical restraint and seclusion with students.  Administrators should thoroughly read and understand the requirements listed in Chapter 103 of the Iowa Administrative Code.

  

Legal Reference:

Iowa Code §§ 279.8280.21.

281 I.A.C. 103.

Cross Reference:

402.3 Abuse of Students by School District Employees

502 Student Rights and Responsibilities

503 Student Discipline

503.5  Corporal Punishment, Mechanical Restraint and Prone Restraint

  

Approved                    Reviewed 4/21/21   Revised                   

  

Jen@iowaschool… Sun, 07/28/2019 - 09:53

503.6E1 Use of Physical Restraint and/or Seclusion Document Form

503.6E1 Use of Physical Restraint and/or Seclusion Document Form

Use of Physical Restraint and/or Seclusion Documentation Form attached. 

 

rmccartan@e-ha… Tue, 03/23/2021 - 14:20
File Attachments

503.6E2 Debriefing Meeting Document

503.6E2 Debriefing Meeting Document

[The following individuals must attend the debriefing meeting: employees who administered physical restraint or seclusion; an administrator or employee not involved in the occurrence; the administrator or employee who approved continuation of the physical restraint or seclusion; other relevant personnel designated by the school; if indicated by student’s behavior in occurrence, an expert in behavioral/mental health or other discipline.  The following individuals must be invited to attend the debriefing meeting:  the parent or guardian of the student, the student with guardian’s consent.]

 

See link to form below.

rmccartan@e-ha… Tue, 03/23/2021 - 14:45
File Attachments

503.6R1 Use of Physical Restraint and Seclusion With Students

503.6R1 Use of Physical Restraint and Seclusion With Students

Regulation 503.6R1 USE OF PHYSICAL RESTRAINT AND SECLUSION WITH STUDENTS

The District will comply with 281 Iowa Administrative Code Ch. 103 for the use of physical restraint and seclusion with students, including, but not limited to:

  • Physical restraint and seclusion will be used only by employees who have been trained in accordance with applicable law unless a trained employee is not immediately available due to the unforeseeable nature of the occurrence.
  • As soon as practical after the situation is under control, but within one hour after either the occurrence or the end of the school day, whichever occurs first, the school will attempt to contact the student’s parent or guardian using the school’s emergency contact system.
  • The seclusion or physical restraint is used only for as long as necessary based on research and evidence to allow the student to regain control of their behavior to the point that the threat or behavior necessitating the use of the seclusion or physical restraint has ended, or when a medical condition occurs that puts the student at risk of harm.  Unless otherwise provided for in the student’s written approved IEP, BIP, IHP or safety plan, if the seclusion or physical restraint continues for more than 15 minutes:
  • The student will be provided with any necessary breaks to attend to personal and bodily needs, unless doing so would endanger the child or others.
  • An employee will obtain approval from an administrator or administrator’s designee to continue seclusion or physical restraint beyond 15 minutes.  After the initial approval, an employee must obtain additional approval every 30 minutes thereafter for the continuation of the seclusion or physical restraint.
  • The student’s parent or guardian and the school may agree to more frequent notifications than is required by law.
  • Schools and district employees must document and explain in writing the reasons why it was not possible for the employees to obtain approval, notify parents, or take action within prescribed time limits.
  • Schools and district employees who begin and then end use of nonapproved restraints will document and explain in writing the reasons why they had no other option but to use this type of behavioral intervention.
  • The area of seclusion will be a designated seclusion room that complies with the seclusion room requirements in accordance with law, unless the nature of the occurrence makes the use of the designated seclusion room impossible, clearly impractical, or clearly contrary to the safety of the student, others, or both; in that event, the school must document and explain in writing the reasons why a designated seclusion room was not used.
  • An employee must continually visually monitor the student for the duration of the seclusion or physical restraint.
  • If an employee restrains a student who uses sign language or an augmentive mode of communication as the student’s primary mode of communication, the student shall be permitted to have the student’s hands free of physical restraint, unless doing so is not feasible in view of the threat posed.
  • Seclusion or physical restraint shall not be used:  as punishment or discipline; to force compliance or to retaliate; as a substitute for appropriate educational or behavioral support; to prevent property damage except as provided in law; as a routine school safety measure; or as a convenience to staff.
  • The Superintendent or the Superintendent’s designee will investigate any complaint or allegation that one or more employees violated any provisions of 281 Iowa Administrative Code Ch. 103.  If the District determines a violation has occurred, corrective action will be taken up to and including termination of the employees involved.  If the allegation or complaint involves a specific student the District will notify the parents or guardian of the involved student about the results of the investigation.  If any allegation or complaint is also defined as abuse in 281 Iowa Administrative Code 102.2, the procedures listed in chapter 102 will apply.
  • The District must comply with and implement Chapter 103 whether or not a parent consents to the use of physical restraint or seclusion.

  

rmccartan@e-ha… Tue, 03/23/2021 - 14:16

503.7 STUDENT DISCLOSURES OF IDENTITY

503.7 STUDENT DISCLOSURES OF IDENTITY

It is the goal of the district to provide a safe and supportive educational environment in which all students may learn. As part of creating that safe educational environment, no employee of the district will provide false or misleading information to the parent/guardian of a student regarding that student’s gender identity or intention to transition to a gender that is different from their birth certificate or certificate issued upon adoption. 

If a student makes a request to a licensed employee to accommodate a gender identity, name, or pronoun that is different from what was assigned to the student in the student’s registration forms or records, the licensed employee is required by Iowa law to report the request to an administrator. The school administrator receiving the report is required by Iowa law to report the request to the student’s parent/guardian. This requirement also applies to all nicknames. 

To maintain compliance with Iowa law and also provide efficiency in the reporting requirements listed above, the Superintendent will provide the opportunity for parents and guardians to list in the student’s registration paperwork any and all nicknames used for students.

Original Adopted Date: 8/23/23                   Reviewed Date:                     Revised Date:

     

Jen@iowaschool… Sun, 07/28/2019 - 09:54

EXHIBIT 503.7E1: REPORT OF STUDENT DISCLOSURE IDENTITY FORM

EXHIBIT 503.7E1: REPORT OF STUDENT DISCLOSURE IDENTITY FORM cjenness@e-hawks.org Thu, 08/24/2023 - 08:36

EXHIBIT 503.7E2: REQUEST TO UPDATE STUDENT IDENTITY FORM

EXHIBIT 503.7E2: REQUEST TO UPDATE STUDENT IDENTITY FORM cjenness@e-hawks.org Thu, 08/24/2023 - 08:39

503.8: DISCIPLINE OF STUDENTS WHO MAKE THREATS OF VIOLENCE

503.8: DISCIPLINE OF STUDENTS WHO MAKE THREATS OF VIOLENCE

This is the model policy published by the Iowa Department of Education, which all districts are required to adopt as a result of HF 604 passed in 2023. 

 

Adopted: 11/21/23                    Reviewed:                               Revised: 

cjenness@e-hawks.org Thu, 02/15/2024 - 07:31

503.9 ATTENDANCE AT EVENTS OUTSIDE OF SCHOOL

503.9 ATTENDANCE AT EVENTS OUTSIDE OF SCHOOL

Events in which students participate during school hours or as representatives of the school but at places outside of the school must be sponsored and supervised by professional school personnel.  Rules of behavior shall be the same as at any n-school activity or event.

The Board of Directors in the Emmetsburg Community School District has no control or responsibility for any school child when the child is in the custody and control of his/her parents or other agencies.

 

Approved 6/25/79       Reviewed     5-19-2021       Revised   7/18/12

 

 

rmccartan@e-ha… Fri, 04/23/2021 - 08:26

504 STUDENT ACTIVITIES

504 STUDENT ACTIVITIES Jen@iowaschool… Sat, 07/27/2019 - 18:23

504.1 STUDENT GOVERNMENT

504.1 STUDENT GOVERNMENT

The student council provides for student activities, serves as a training experience for student leaders, promotes the common good, gives students a share in the management of the school, develops high ideals of personal conduct, acts as a clearinghouse for student activities, seeks to interest students in school district affairs and helps solve problems that may arise.  Members of the council are student representatives who have direct access to the administration.

 

The principal, in conjunction with the students and licensed employees, shall set forth the guidelines for the student government's elections, operations, and other elements of the government.

 

Legal Reference:      Iowa Code § 279.8 

Cross Reference:    502    Student Rights and Responsibilities

    504    Student Activities

Approved    6/25/79            Reviewed     8/18/21            Revised   7/18/12         

Jen@iowaschool… Sun, 07/28/2019 - 09:55

504.2 STUDENT ORGANIZATIONS

504.2 STUDENT ORGANIZATIONS

Secondary school student-initiated, noncurriculum-related groups and student curriculum-related groups, upon receiving permission from the principal, may use school facilities for group meetings during non-instructional time.

Non-instructional time will mean any time before the first period of the day before during and after the last period of the day in which any student attends class.  Meetings will not interfere with the orderly conduct of the education program or other school district operations.  It is within the discretion of the principal to determine whether the meetings will interfere with the orderly conduct of the education program or other school district operations.  Activities relating to and part of the education program will have priority over the activities of another organization.

Curriculum-Related Organizations

It will also be the responsibility of the principal to determine whether a student group is curriculum-related.  One or more of the following questions will be answered affirmatively if the group is curriculum-related:

  • Is the subject matter of the group actually taught in a regularly offered course?
  • Will the subject matter of the group soon be taught in a regularly offered course?
  • Does the subject matter of the group concern the body of courses as a whole?
  • Is participation in the group required for a particular course?
  • Does participation in the group result in academic credit?

Secondary school curriculum-related student organizations may use the school district facilities for meetings and other purposes before, during and after the instructional school day.  Employees are assigned to monitor approved meetings and may interact with curriculum-related organizations.

Noncurriculum-Related Organizations

Student-initiated, noncurriculum-related organizations are provided access to meeting space and school district facilities.

Only students may attend and participate in meetings of noncurriculum-related groups.  Such attendance is strictly voluntary and student-initiated.  As a means of determining whether a student's attendance is voluntary, the principal may require parental consent for the student to attend the meetings.

Employees will be assigned to monitor approved meetings.  Employees will not participate in the meeting or assist in planning, criticizing, or encouraging attendance.  Only students may be involved in and attend the noncurriculum group's meetings.

It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

  

NOTE:  This policy reflects the protection given nonschool-sponsored student groups in the federal Equal Access Act.  Option I should be used by school districts that have noncurricular, school-sponsored organizations.

Option II should be used by school districts that do not have noncurricular, school-sponsored organizations.

Legal Reference:

Westside Community Board of Education v Mergens, 496 U.S. 226 (1990).

Bender v. Williamsport Area Community School District, 741 F.2d 538 (3d Cir. 1984), vacated and remanded on other grounds, 475 U.S. 534 (1986).

20 U.S.C. §§ 4071-4074.

Iowa Code §§ 287297.9.

Cross Reference:

502 Student Rights and Responsibilities

504 Student Activities

            

Approved    5/17/71            Reviewed     8/18/21          Revised     8/18/21    

Jen@iowaschool… Sun, 07/28/2019 - 09:55

504.3 STUDENT PUBLICATIONS

504.3 STUDENT PUBLICATIONS

504.3 STUDENT PUBLICATONS

Rescinded: 9/15/21

Approved    5/25/79            Reviewed     8/18/21            Revised      8/18/21   

Jen@iowaschool… Sun, 07/28/2019 - 09:56

504.3R1 STUDENT PUBLICATIONS CODE

504.3R1 STUDENT PUBLICATIONS CODE

504.3R1 STUDENT PUBLICATIONS CODE

Rescinded: 9/15/21

Approved    1/17/94            Reviewed    8/18/21            Revised  8/18/21

Jen@iowaschool… Sun, 07/28/2019 - 09:57

504.4 STUDENT PERFORMANCES

504.4 STUDENT PERFORMANCES

Students, as part of the education program, may participate in contests or other public and private events approved by the superintendent that will be of benefit to the student and the education program.  Performance at such events is a privilege.

 

Students, who perform at such events, serve as ambassadors of the school district and must conduct themselves in the same manner as required in the regular school day.  Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures.  

 

Students will be allowed to perform in these events only with proper permission and supervision and when the events do not disrupt the education program or other school district operations.  The events must be approved by the superintendent, unless it involves unusual travel and expense, in which case the board must approve of the performance.

 

It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy. In developing the administrative regulations, these guidelines should be followed:

            Performances by student groups below the high school level should be allowed on a very limited basis;

            All groups of students should have an opportunity to participate; and,

            Extensive travel by one group of students should be discouraged.

 

It shall be within the discretion of the superintendent to determine whether the event will benefit the education program and the participating students.  Contests or other performances by students unapproved by the superintendent shall be the responsibility of the parent and the student.

 

Legal Reference:    Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).

    Iowa Code §§ 280.13-.14 (1999).

    281 I.A.C. 12.6.

Cross Reference:    502    Student Rights and Responsibilities

    503.4    Good Conduct Rule

    504    Student Activities

    904    Community Activities Involving Students

Approved    1/22/01          Reviewed     8/18/21            Reviewed  7/18/12     

 

Jen@iowaschool… Sun, 07/28/2019 - 09:58

504.5 STUDENT FUND RAISING

504.5 STUDENT FUND RAISING

Collection of any funds in the Emmetsburg Community School District for school affiliated activities must have the approval of the Superintendent and the Athletic Director. All such funds shall be under the financial control of the Board.

Collection boxes for school affiliated fundraisers must have prior approval from the principal before being placed on school property.

Records and procedures relating to internal accounts shall be in accordance with those found in Uniform Financial Accounting for Iowa Schools published by the Department of Public Instruction.  An audit of these accounts shall be made at the same time as the annual audit of school funds.

Legal Reference:    Senior Class of Pekin High School v. Tharp, 154 N.W.2d 874 (Iowa 1967).

    Iowa Code § 279.8 (1999).

Cross Reference:    502    Student Rights and Responsibilities

    503    Student Discipline

    504    Student Activities

    704.5    Student Activities Fund

    904.2    Advertising and Promotion

Approved    5/17/71            Reviewed     8/18/21            Revised    8/18/21    

Jen@iowaschool… Sun, 07/28/2019 - 09:59

504.5R1 MONEY RAISING ACTIVITIES IN THE SCHOOLS

504.5R1 MONEY RAISING ACTIVITIES IN THE SCHOOLS

No activity requiring students and teachers to assist in promoting campaigns, (financial, educational, charitable, or otherwise), which demands the time of students, teachers, and administrators, shall be permitted, except as hereinafter provided, unless the same shall be in accord with the general policies of the Emmetsburg Community School District Board of Directors.

No agent or person, or persons shall be permitted to solicit any student or teacher for any purpose, or distribute circulars, emails, handbills, cards, or advertisements of any kind or make announcements of any nature, or take up contributions in any school building or on the premises, for any purpose whatsoever, except by approval from the Superintendent of Schools, as being in accord with the general policies of the Board of Directors. Participation by students in charity activities is considered to be a desirable part of their total education. However, as a matter of basic policy, the Board of Directors will authorize the administration to determine the nature and extent of such activity.

Legal Reference: (Code of Iowa)

Approved 7/10/72            Reviewed 8/18/21         Revised    8/18/21

Jen@iowaschool… Sun, 07/28/2019 - 13:14

504.6 STUDENT ACTIVITY PROGRAM

504.6 STUDENT ACTIVITY PROGRAM

Participation in school activities is a privilege.  School activities provide the benefits of promoting additional interests and ability in the students during their school years and for their lifetime.

Students will have an opportunity to participate in a school activity unless the activity is not offered or the student cannot participate for disciplinary reasons.  If the activity is an intramural or interscholastic athletic activity, students of the opposite sex will have a comparable opportunity for participation. Comparable opportunity does not guarantee boys and girls will be allowed to play on each other's teams when there are athletic activities available that will allow both boys and girls to reap the benefits of school activities, which are the promotion of additional interests and abilities in the students.

Student activity events must be approved by the superintendent unless they involve unusual travel expense, in which case the board will take action.  The events must not disrupt the education program or other school district operations.

A high school student who participates in school sponsored athletics may participate in a non-school sponsored sport during the same season.

It shall be the responsibility of the superintendent to develop administrative regulations for each school activity.  These regulations shall include, but not be limited to, when physical examinations will be required, how and when parents will be informed about the risk of the activity, academic requirements, and proof of insurance on the student participating in certain activities.  Students wanting to participate in school activities must meet the requirements set out by the school district for participation in the activity.

 

Legal Reference:    20 U.S.C. §§ 1681-1683; 1685-1686 (1994).

    34 C.F.R. Pt. 106.41 (1993).

    Iowa Code §§ 216.9; 280.13-.14 (1999).

    281 I.A.C. 12.6., 36.15.

Cross Reference:    501    Student Attendance

    502    Student Rights and Responsibilities

    503    Student Discipline

    504    Student Activities

    507    Student Health and Well-Being

Approved    9/15/97            Reviewed     8/18/21            Revised      8/18/21   

Jen@iowaschool… Sun, 07/28/2019 - 13:15

504.7 STUDENT ACTIVITIES FUND

504.7 STUDENT ACTIVITIES FUND

Revenue raised by students or from student activities shall be deposited and accounted for in the student activities fund.  This revenue is the property of and shall be under the financial control of the board. Students may use this revenue for purposes approved by the (superintendent or building principal).

Whether such revenue is collected from student contributions, club dues, and special activities or result from admissions to special events or from other fundraising activities, all funds will be under the jurisdiction of the board and under the specific control of (superintendent or building principal).  They will be deposited in a designated depository and will be disbursed and accounted for in accordance with instructions issued by the superintendent.

It shall be the responsibility of the board secretary to keep student activity accounts up-to-date and complete.

Any unencumbered class or activity account balances will automatically revert to the general fund activity fund of the school when a class graduates or an activity is discontinued.

Records and procedures relating to internal accounts shall be in accordance with those found inn Uniform Financial Accounting for Iowa Schools published by the Department of Public Instruction. An audit of these accounts shall be made at the same time as the annual audit of school funds.

Approved    1/18/99            Reviewed    8/18/21            Reviewed   8/18/21            

Jen@iowaschool… Sun, 07/28/2019 - 13:16

505 STUDENT SCHOLASTIC ACHIEVEMENT

505 STUDENT SCHOLASTIC ACHIEVEMENT Jen@iowaschool… Sat, 07/27/2019 - 18:24

505.1 STUDENT PROGRESS REPORTS AND CONFERENCES

505.1 STUDENT PROGRESS REPORTS AND CONFERENCES

Students shall receive a progress report at the end of each grading period.  Students, who are doing poorly, and their parents, shall be notified prior to the end of the semester in order to have an opportunity to improve their grade.  The board encourages the notification of students who have made marked improvement prior to the end of the semester.

Parent-teacher conferences will be held twice per year on an individual basis at the elementary to keep the parents informed.  The conferences at the middle school and the high school are not individually scheduled, but are held twice per year.

Parents, teachers, or principals may request a conference for students in  grades kindergarten through twelve in addition to the scheduled conference time.  Parents and students are encouraged to discuss the student's progress or other matters with the student's teacher.

 

Legal Reference:    Iowa Code §§ 256.11, 41; 280, 284.12

    281 I.A.C. 12.3(4), 12.3(6), .5(16).

Cross Reference:    505    Student Scholastic Achievement

    506       Student Records

Approved    9/15/97            Reviewed     12/19/18            Revised      12/19/18   

Jen@iowaschool… Sun, 07/28/2019 - 13:16

505.2 STUDENT PROMOTION - RETENTION - ACCELERATION

505.2 STUDENT PROMOTION - RETENTION - ACCELERATION

Students will be promoted to the next grade level at the end of each school year based on the student's achievement, age, maturity, emotional stability, and social adjustment.

 

The district shall adhere to the following:

  • Retention/Promotion in Kindergarten-Eighth Grade: The retention of a student will be determined based upon the judgement of the district’s professional staff. When it becomes evident a student in grades kindergarten through eight may be retained in a grade level for an additional year, the parents will be informed prior to making the retention decision. It is within the sole discretion of the district to retain students in their current grade level and to deny promotion to a student.

  • Retention/Promotion in ninth-twelfth grade: Students in grades nine through twelve will be informed of the required coursework necessary to be promoted each year. When it becomes evident a student in these grades will be unable to meet the minimum credit requirements for the year, the student and parents will be informed.  It shall be within the sole discretion of the board to retain students in their current grade level and to deny promotion to a student.

  • Acceleration in kindergarten-twelfth grade: Students in grades kindergarten through twelve with exceptional talents may, with the permission of the principal and parents, take classes beyond their current grade level.  Enrichment opportunities outside the school district may be allowed when they do not conflict with the school district's graduation requirements.

  • Retention or Acceleration in kindergarten-twelfth grade may also occur in additional instances as provided by law.

 

Any student or parent who is not satisfied with the decision of the district’s professional staff may seek recourse through policy 502.4-Student Complaints and Grievances.

 

Legal Reference:    Iowa Code §§ 256.11, .41; 279.8.

    281 I.A.C. 12.5(16).

Cross Reference:    501    Student Attendance

    505    Student Scholastic Achievement

    603.2    Summer School Instruction

Approved    1/22/01            Reviewed     1/16/19           Revised 1/16/19

Jen@iowaschool… Sun, 07/28/2019 - 13:17

505.3 STUDENT HONORS AND AWARDS

505.3 STUDENT HONORS AND AWARDS

The school district shall provide a program that establishes honors and awards including, but not limited to, academic letters, scholarships and good citizenship awards for students to assist students in setting goals.  Students shall be made aware of honors and awards and the action necessary on the part of the student to achieve them. Students who have not attended the school district for their entire high school education or have not attended an accredited public or private school will not be eligible for honors and awards.  

 

It shall be the responsibility of the superintendent to develop the administrative regulations regarding this policy.

Legal Reference:    Iowa Code § 279.8 (1999).

Cross Reference:    501.6    Student Transfers In

    504    Student Activities

    505    Student Scholastic Achievement

Approved    9/15/97            Reviewed     3/15/17            Revised   _______    

Jen@iowaschool… Sun, 07/28/2019 - 13:18

505.4 TESTING PROGRAM

505.4 TESTING PROGRAM

A comprehensive testing program is established and maintained to evaluate the education program of the school district and to assist in providing guidance or counseling services to students and their families.

 

No student is required, as part of any applicable program, funded by the United State Department of Education, to submit to a survey, analysis or evaluation that reveals information concerning:

    ∙    political affiliations or beliefs of the student or student’s parent:

    ∙    mental or psychological problems of the student or the student's family;

    ∙    sex behavior or attitudes;

    ∙    illegal, anti-social, self-incriminating or demeaning behavior;

    ∙    critical appraisals of other individuals with whom respondents have close family relationships;

    ∙    legally recognized, privileged and analogous relationships, such as those of lawyers, physicians and ministers;

    ∙    religious practices, affiliations or beliefs of the student or student’s parent; or

    ∙    income,(other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program);

 

without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent.

 

It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

 

It is the responsibility of the board to review and approve the evaluation and testing program.

 

Legal Reference:    20 U.S.C. § 1232h 

    Iowa Code §§ 280.3

 Cross Reference:    505    Student Scholastic Achievement

    506    Student Records

    607.2    Student Health Services

Approved    9/15/97            Reviewed     3/15/17          Revised         

Jen@iowaschool… Sun, 07/28/2019 - 13:19

505.5 GRADUATION REQUIREMENTS

505.5 GRADUATION REQUIREMENTS

Policy 505.5 GRADUATION REQUIREMENTS

Students must successfully complete the courses required by the board and Iowa Department of Education in order to graduate. 

It is the responsibility of the superintendent to ensure that students complete grades one through twelve and that high school students complete  50  credits prior to graduation.  The following credits will be required for graduation:

English/Language Arts

Science

Mathematics

Social Studies

Physical Education

United State Government

American History

Financial Literacy

   8    credits

   6    credits

   4    credits

   3    credits

   4    semesters

   1    credits

   2    credits

   1    credits

The required courses of study will be reviewed by the board annually.

Beginning with the class of 2022, graduation requirements for special education students will include successful completion of four years of English, three years of math, three years of social studies and three years of science.

Students who complete a regular session in the Legislative Page Program of the general assembly at the state capitol will be credited ½ credit of social studies.

Students enrolled in a junior officers’ training corp will receive 1/8th physical education credit for each semester the student is enrolled in the program. 

Students taking Algebra 1 for a full year as an 8th Grader (or earlier) will receive high school Math credit, but must take and pass 3 years (6 semesters) of Math at EHS. The recommended track would be Geometry (9th), Algebra 2 (10th). Pre-Calculus (11th) and Calculus (12th).  

NOTE:  This is a mandatory policy.

 

Legal Reference:

Iowa Code §§ 256.711.41279.8280.3.14.

281 I.A.C. 12.3(5); 12.5.

Cross Reference:

505 Student Scholastic Achievement

603.3 Special Education

 

Approved: 6/25/79    Reviewed: 1/16/19, 7/17/19    Revised: 9/15/21

Jen@iowaschool… Sun, 07/28/2019 - 13:20

505.5R1 GRADUATION EXTENUATING CIRCUMSTANCES

505.5R1 GRADUATION EXTENUATING CIRCUMSTANCES

Request for Reduced Senior Class Load

Many students will earn additional credits as underclassmen and accumulate more than 50.0 credits by the end of their senior year. Those students who fall in this category and who wish to attend Iowa Lakes Community College while a student at Emmetsburg High School may present a request to the high school principal that they be permitted to carry a reduced senior class load during one or both semesters of their senior year. This will permit those students an opportunity of enrolling in classes at ILCC while still enrolled at Emmetsburg High School. Such permission for a reduced senior class load will be granted only to those students who are enrolled in appropriate courses at ILCC. It is acknowledged that such non-conflicting schedules are often difficult to establish. It is emphasized that the following requirements must be fulfilled.

  1. Students must accumulate 50.0 credits for graduation.

  2. Unless medically excused or for other reasons as prescribed by the Iowa Department of Education, student must be enrolled in physical education during each semester while enrolled in high school.

  3. Student must complete all specified course and departmental requirements.

  4. Student must register for a minimum of three (3) courses that are graded under the conventional grading system.

  5. Student must present parent approval to the principal.

 

Transfer Credits

The following policy provides guidelines for students, parents and school officials relative to the number of credits that will be accepted from the Learning Center at Iowa Lakes Community College, other such institutions, or through correspondence study:

A student who fails high school courses or who has dropped out of high school may transfer credits to Emmetsburg High School to fulfill graduation requirements. Students must comply with the following:

  1. Course(s) selected must have prior approval of the high school counselor.

  2. The director of the ILCC Learning Center, or other credit providing institution, certifies to the high school principal that the student has fulfilled the requirements and has earned the credit(s) for the course(s).

  3. Student or parent must pay the cost of the tuition and fees of such transfer credits.

 

Dropping Courses:

EHS students will be permitted to drop high school and college courses with the following stipulations:

  1. The student must have parental approval to drop a course.

  2. A high school course may be dropped until five (5) days after the midterm of first and third quarters without penalty of a failing grade (F or NP) providing the student is still carrying seven (7) courses on their schedule.

  3. A student who drops or is removed from a high school course after the deadline as indicated above will receive the appropriate failing grade, “N” or “NP”.

  4. Any failing grade received by a student for dropping or for being removed from a class will become the final grade for the semester for that course and will be recorded on the student’s permanent record. That failing grade will be calculated into the student’s GPA and used to determine class ranking.

  5. All college courses taken through Iowa Lakes Community College (ILCC) or through another post-secondary enrollment option (PSEO) program will follow the same drop dates as high school courses. Students who drop an ILCC course after the ILCC tuition refund date will receive a failing grade on their high school permanent record. Students who complete courses will receive the same respective grades on their high school permanent record as they would receive on the college transcript. Students who drop a college course will need to maintain a full academic schedule.

 

Releases to Pursue Study at Iowa Lakes Community College Learning Center:

Iowa Lakes Community College requires such students to be released from their respective high schools before participating in such programs. Releases from Emmetsburg High School to pursue such study will be provided as follows

1.    The high school principal will not grant releases to students who drop from Emmetsburg High School to begin such study at ILCC or similar institutions until after the date that their class graduates from high school, OR

2.    The release will not be granted until after the student has been officially dropped from the school class roll for one year.

 

Alternative School:

Emmetsburg students attending the Alternative School must be at least 16 years old and not older than 21 by the third Friday in September upon their original enrollment.  Students currently enrolled in high school must obtain a referral from either the High School Guidance Counselor or High School Principal before enrolling.  

Approved    1/22/01            Reviewed    3/15/17, 7/17/19       Revised   9/15/21

Jen@iowaschool… Sun, 07/28/2019 - 13:22

505.6 EARLY GRADUATION

505.6 EARLY GRADUATION

Generally, students will be required to complete the necessary course work and graduate from high school at the end of grade twelve.  Students may graduate prior to this time if they meet the minimum graduation requirements stated in board policy.

 

A student who graduates early will no longer be considered a student and will become an alumnus of the school district.  However, the student who graduates early may participate in commencement exercises.

 

Legal Reference:    Iowa Code §§ 279.8; 280.3

    281 I.A.C. 12.3(5); 12(5)

Cross Reference:    505    Student Scholastic Achievement

Approved    1/20/94            Reviewed    6/19/19, 9/15/21           Revised     2/19/01, 9/15/21

 

Jen@iowaschool… Sun, 07/28/2019 - 13:23

505.6R1 EARLY GRADUATION CRITERIA

505.6R1 EARLY GRADUATION CRITERIA

Rescinded 9/15/21

Approved         2/19/01           _    Reviewed        4/19/17, 9/15/21       Reviewed   7/18/12      Rescinded 9/15/21

Jen@iowaschool… Sun, 07/28/2019 - 13:24

505.7 COMMENCEMENT

505.7 COMMENCEMENT

Students who have met the requirements for graduation will be allowed to participate in the commencement proceedings provided they abide by the proceedings organized by the school district.  It shall be the responsibility of the principal to solicit input from each graduating class regarding the proceedings for their commencement.

 

Failure of a student to participate in commencement will not be a reason for withholding the student's final progress report or diploma certifying the student's completion of high school.

District Reference: Number updated from 505.8 to 505.7 on 8/18/21.

Legal Reference:    Iowa Code §§ 279.8; 280.3, .14 (1999).

    281 I.A.C. 12.2; .3(7); .5.

Cross Reference:    505    Student Scholastic Achievement

Approved    6/25/79            Reviewed     9/15/21    Revised    2/19/01__

Jen@iowaschool… Sun, 07/28/2019 - 13:25

505.8 PARENTAL INVOLVEMENT

505.8 PARENTAL INVOLVEMENT

505.8 PARENTAL INVOLVEMENT

It is the policy of Emmetsburg Community Schools that parents and family members of participating children shall have the opportunity to be involved jointly in the development of the district plan and in the district's review process for the purpose of school improvement. Recognizing that parental involvement is the key to academic achievement, we seek to involve parents in an effective home-school partnership that will provide the best possible education for our students. The district provides coordination, technical assistance and other supports necessary to aid in the planning and implementation of parent involvement activities. The district encourages parent involvement and supports this partnership through providing information about standards and assessments; providing training and materials for parents to help their children; educating school personnel about involving parents and the value of parent contributions; and developing roles for community organizations and businesses to work with parents and schools. 

 

1. This jointly developed and agreed upon written policy is distributed to parents and family members of participating Title I children through the Parent Handbook which is distributed to every family at the time of registration. In schoolwide buildings, this will include all parents. (ESSA Section 1116(a)(2))

 

2. The district will provide technical assistance and support to schools in planning and implementing effective parent and family engagement activities to improve student academic achievement and school performance through professional development regarding parent and family engagement. The district will partner with community groups as a means to engage families more creatively and successfully. (ESSA Section 1116(a)(2)(B)) 

 

3. The district will work to find ways to work cooperatively with other Federal, state, and local programs. The Title I program will work with local public preschool programs, Headstart programs, local library programs, and special education programs (IDEA). Our homeless education program coordinates with the local backpack program to offer support to students that are food insecure, especially over the weekends. (ESSA Section 1116(a)(2)(C)) 

 

4. The district conducts an annual evaluation of the content and effectiveness for the Parent and Family Engagement Policy. The evaluation includes parents in a meaningful manner. In addition to surveys, the district uses focus groups and open discussion groups for this evaluation. Parents and families have a voice. The evaluation tools and methods identify the type and frequency of school-home interactions and the needs of parents and families have to better support and assist their children in learning. The evaluations will target at least three key areas: barriers, ability to assist learning, and successful interactions. (ESSA Section 1116(a)(2)(D)(i-iii)) 

5. The district uses the findings for the annual evaluation to design evidenced-based strategies for more effective parent and family engagement. The evaluation results will help uncover best practices that are working and adapt those ideas to the district and individual school needs. (ESSA Section 1116(a)(2)(E)) 

 

6. The district involves parents and family members in activities of the school. The district has established a parent advisory committee comprised of a sufficient number and representative group of parents or family members to adequately represent the needs to the population, revised, and reviewed the Parent and Family Engagement Policy. (ESSA Section 1116(a)(2)(F)) 

 

7. At least one annual meeting will be held to inform parents and family members of the school's participation in the Title I program and to explain the requirements of the program and their right to be involved. The meeting shall be for parents of both public and private school.  West Elementary Building will hold an annual meeting in the fall. Notification will be sent in the district website and student management system. (ESSA Section 1116(c)(1)) 

 

8. Parent and family meetings, including parent conferences, will be held at different times during the day and Title I funds may be used to pay reasonable and necessary expenses associated with parent and family engagement activities, including transportation, childcare, or home visit expenses to enable parents to participate in school-related meetings and training sessions. (ESSA Section 1116(c)(2)) 

 

9. The district will involve parents in the planning, review, and improvement of the school’s Title I program through participation in stakeholder groups and in-person meetings where parents give input and feedback. (ESSA Section 1116(c)(3))

 

10. In a schoolwide program plan, parents are asked to be involved in the joint development of the building’s schoolwide plan through in-person meetings, surveys and electric feedback as appropriate. Applies only to Title I schools operating a Schoolwide Program. (ESSA Sections 1116(c)(3) and 1114)) 

 

11. Parents and family members of participating children are given assistance in understanding the Title I program, with timely information about the Title I program. Through annual meetings and parent teacher conferences, the school will provide parents and family members of participating children with a description and explanation of the curriculum in use at the school, the forms of academic assessment used to measure student progress, and the proficiency levels students are expected to meet. Parents and family members receive an explanation of the school's performance profile, the forms of academic assessment used to measure student progress, and the expected proficiency levels in the annual progress report distributed to all stockholders in the spring of the year, through individual reports given to parents at conference time, and through report cards. (ESSA Section 1116(c)(4)(A) & (B)) 

 

12. If requested by parents, the school will provide opportunities for regular meetings to formulate suggestions and to participate, as appropriate, in decisions relating to the education of their children, and respond to any such suggestions as soon as practicably possible. (ESSA Section 1116(c)(4)(C)) 

 

13. If the schoolwide plan under Section 1114(b) is not satisfactory, parents of participating students may comment. Comments may be made in writing to the school principal. (ESSA Section 1116(c)(5)) 

 

14. A jointly developed school/parent compact outlines how parents and family members, the entire school staff, and students all share responsibility for improved student achievement. The compact also describes the means by which the school and parents will build and develop a partnership to help children achieve our local high standards. It is distributed in the parent handbook and is reviewed at the annual meetings. (ESSA Section 1116(d)) 

 

15. Parents will be notified of this policy in an understandable and uniform format and, to the extent practicable, provided in a language the parents can understand. The policy will be provided in English and Spanish and will be free of educational jargon. (ESSA Section 1116(b)(1)) 

 

16. In order to ensure effective involvement of parents and to support a partnership among the school involved, parents, and the community to improve student academic achievement, each school and local educational agency shall: 

a. Provide assistance to parents in understanding challenging State academic standards, State and local academic assessments, the requirements of this part, and how to monitor a child’s progress and work with educators to improve the achievement of their children; 

b. Provide materials and training to help parents to work with their children to improve their children’s achievement, such as literacy training and using technology (including education about the harms of copyright piracy), as appropriate, to foster parental involvement; 

c. Educate teachers, specialized instructional support personnel, principals, and other school leaders, and other staff, with the assistance of parents, in the value and utility of contributions of parents, and in how to reach out to, communicate with, and work with parents as equal partners, implement and coordinate parent programs, and build ties between parents and the school; 

d. Coordinate and integrate parent involvement programs and activities with other Federal, State, and local programs, including public preschool programs, and conduct other activities, such as parent resource centers, that encourage and support parents in more fully participating in the education of their children; 

e. Ensure that information related to school and parent programs, meetings, and other activities is sent to the parents of participating children in a format and, to the extent practicable, in a language the parents can understand; and 

f. Provide such other reasonable support for parental involvement activities under this section as parents may request. (ESSA Section 1116(e)(1-14)) 

 

17. The school, to the extent practicable, will provide opportunities for the informed participation of parents and family members (including parents and family members who have limited English proficiency, parents and family members with disabilities, and parents and family members of migratory children) by providing information and school reports required under Section 1111 in a format and language the parties can understand. (ESSA Section 11116(f))

Approved:   9/17/2007               Reviewed: 3/20/24                            Revised:  8/23/21

Jen@iowaschool… Sun, 07/28/2019 - 13:26

505.8R1 PARENT AND FAMILY ENGAGEMENT BUILDING-LEVEL REGULATION

505.8R1 PARENT AND FAMILY ENGAGEMENT BUILDING-LEVEL REGULATION

Regulation 505.8R1 PARENT AND FAMILY ENGAGEMENT BUILDING-LEVEL REGULATION

To further the interests of student achievement, the superintendent will create necessary rules to engage parents and family members within the district in the following ways on a building-level basis:

  1. Policy Involvement:  The district will host an annual meeting and invite all parents to attend; and inform parents of their rights and the district’s requirements under Title I.  This meeting will also invite parents to become involved in the planning, review and improvement of a building policy and in developing the district plan.  The district will inform parents of: 
  • programs under this policy,
  • curriculum and assessment used for students,
  • the opportunity to meet with administration to participate in decisions related to their children’s education,
  • a description and explanation of curriculum used in the school forms of academic assessment used to measure student progress, and
  • achievement levels of the challenging State academic standards. 
  1. Accessibility:  Provide opportunities for informed participation of parents and family members in understandable formats and languages.  This includes participation by parents and family members who may have disabilities, limited English proficiency, and migratory children. Offer a flexible number of meetings during the day, evening and weekends to facilitate parent involvement.  The superintendent has discretion to allow schools to provide childcare for families of students during these meetings through Title I funds.
  2. High Student Academic Achievement:  Each school in the district will jointly develop with parents and family members a school-parent compact that outlines how parents, staff and students share responsibility for improving student academic achievement; and how a partnership will be built to achieve this.  The compact will describe the responsibility of the school to provide high quality curriculum and instruction, and the parents’ responsibility to support their children’s learning.  This will also address the importance of communication between schools and parents through parent teacher conferences, regular reports to parents on their children’s progress, and ensuring regular meaningful communication between family and school staff. 
  3. Building Capacity for Involvement: Each school within the district will include in their plan ways to achieve the following:
  • Assist parents and families to understand topics including academic standards and assessments and how to monitor student progress;
  • Provide materials and training to help parents work with students to improve achievement;
  • Educate teachers and staff in how to communicate with parents and build ties to foster academic success;
  • Coordinate and integrate other federal, state and local programs to support parents in more fully participating in students’ education;
  • Ensure information related to programs is sent to parents and families in understandable formats; and
  • Provide other reasonable support to encourage parental involvement
  1. Schools Operating a Schoolwide Program:  Each school operating a schoolwide program under this policy shall:
  • Involve parents on a timely and ongoing basis in the planning, review and improvement of programs, including the parent and family engagement school policy drafting and review, and the joint development of the schoolwide program. 
  • If the schoolwide program plan is not satisfactory to the parents of the participating children, parent comments will be requested and submitted with the plan to the district.

          

Approved: 9/15/21 

Reviewed: _____

Revised: _____

ahaack@e-hawks.org Thu, 09/16/2021 - 10:06

505.9 CERTIFICATE OF ATTENDANCE REQUIREMENTS

505.9 CERTIFICATE OF ATTENDANCE REQUIREMENTS

A student in the Emmetsburg Community School District who does not meet the requirements for graduation and who plans to terminate his/her formal academic education at the end of the regular four-year period will receive a certificate of attendance, “attendance certificate”.  To meet the requirements for attendance certificate, the students must have observed the following:

  1. The student and his/her parents must submit to the principal no later than the end of the fifth semester in high school an application to be considered only for a certificate of attendance.

  2. The student must have been enrolled for four consecutive years and have conscientiously worked toward meeting the requirements for graduation with a diploma as outlined in section 505.5.

  3. The applicant’s attendance record must be satisfactory following his/her application to be considered for a certificate of attendance.

 

Approved    6/25/79            Reviewed     9/15/21    Revised     8/23/21 

Jen@iowaschool… Sun, 07/28/2019 - 13:24

Regulation 505.8R1 PARENT AND FAMILY ENGAGEMENT BUILDING-LEVEL REGULATION

Regulation 505.8R1 PARENT AND FAMILY ENGAGEMENT BUILDING-LEVEL REGULATION

Regulation 505.8R1 PARENT AND FAMILY ENGAGEMENT BUILDING-LEVEL REGULATION

To further the interests of student achievement, the superintendent will create necessary rules to engage parents and family members within the district in the following ways on a building-level basis:

1.   

Policy Involvement:  The district will host an annual meeting and invite all parents to attend; and inform parents of their rights and the district’s requirements under Title I.  This meeting will also invite parents to become involved in the planning,