EMMETSBURG COMMUNITY SCHOOL DISTRICT
Regular Meeting
Board of Education
April 15, 2020 Minutes
All motions are unanimous unless otherwise noted.
The Board of Education of Emmetsburg Community School District met in a regular session on April 15, 2020 at 5:30pm in the HS Conference Room. The Zoom technology and social distancing were used because of the COVID-19 pandemic situation.
Present: Jane Hoyman, Bill Huberty, Val Morton, Kathy Roethler, Katy Thomsen
Aaron Dietrich, Katy Thomsen (all by Zoom),
Absent: Scott Kibbie
Also Present: Darren Hanna, Lisa Chapman, Jeff Herzberg-AEA Chief Administrator (by Zoom),
Sue Brown-AEA Board President (by Zoom)
Jane Hoyman, President, called the regular meeting to order at 5:30pm, acknowledged the fact of a quorum.
TEACHING & LEARNING: Jeff Herzberg-AEA Chief Administrator and Sue Brown-AEA Board President informed the board of who they are and what they do. Some of the services provided include English Language Learners, Physical Therapy, Speech Services, Special Education Consulting and much more. The Prairie Lakes AEA serves 14 counties, 39 public schools, 11 non-public schools and 32,000 students. The main goals of the AEA include getting better at what they do and future readiness.
(Brown & Herzberg exited at 5:44pm)
REGULAR MEETING
Approval of Agenda: Thomsen moved to approve the agenda. Seconded by Huberty. Motion carried.
Approval of Consent Items
Roethler moved to approve the consent items. Seconded by Morton. Motion carried.
OLD BUSINESS
Board Policies: Policies 412.1, 412.2, 413.1-413.5 were presented for approval. Thomsen moved to approve the policies and was seconded by Dietrich. Motion carried.
EDUCATIONAL NEWS
Voluntary Continuous Learning Opportunities Plan-Mr. Hanna informed the board of the continuous learning plans that our staff is using. He stressed that we are doing more than the minimum. Staff are sending content information. Thomsen felt that as a parent, the delivery of the material for the students was great and commended the teachers for the process they have created. Staff has asked about using some of the same processes in the summer.
NEW BUSINESS
Resignations/Contracts: Thomsen moved to approve the following resignations: Diana Berkland-Cook, Evelin Gracia-Carabali-HS Spanish, Tyler Beving-MS/HS Physical Education/Health & Freshmen Football & HS Boys Track, Dawn Beving-Elementary Para-educator, Matt Stein-HS Science, Molly Rodemeyer-7th Grade Girls Basketball and Jeannie Shimon-Elementary Special Education Teacher. Seconded by Roethler. Motion carried. Huberty moved to approve the following contracts: Tim Rodemeyer-Secondary Assistant Principal/At-Risk Coordinator, Brandt Roskens-HS Vocal & Show Choir and Whitney Bjustrom-Elementary Art. Dietrich seconded. Motion carried.
MS Softball & 7th Grade Girls Track: Morton brought the contracts off the table. Hanna said that he will know more about what will happen with school moving forward as well as sports by Friday. He would not recommend a decision until after hearing the outcome. Morton moved to table this again and was seconded by Thomsen. Motion carried.
Board Policies: The board was presented with the following policies for a first reading: 414.1-414.3R2 & 412.3. The second readings will be in May.
Graduate List: The list of the seniors was presented to the board. Hanna recommended approval of the list of graduating seniors pending final requirements being met and decisions with the school year being decided. The state has given the districts authority to decide graduation requirements. The Governor has waived the government class content requirement. The number of quarters for physical education was also waived. The CPR requirement was also waived by the state. More information will be learned on Friday. Roethler moved to approve the list of seniors. Morton seconded. Motion carried.
Public Hearing on 2020-2021 Academic Calendar: Superintendent Hanna presented the proposed academic calendar for the 2020-2021 school year. There were no patrons on hand for the public hearing. (an area was set up at Door 4 to watch and attend the public hearing) Board Secretary Chapman did not receive any comments or concerns prior to the meeting. August 24th was proposed as the first day of school and May 25 was proposed as the last day. Hanna described the number of days and hours and breaks and why they were set up as they are proposed. The District Leadership Team approved of the calendar.
2020-2021 Academic Calendar
Hanna recommended the approval of the 2020-2021 academic calendar. Dietrich moved to approve and Thomsen seconded the motion to approve the calendar. Motion carried.
AEA Purchasing Agreement for 2020-2021: The board was presented with the AEA Purchasing Agreement for 2020-2021 for food bids (Martin Bros.), small wares (to be determined) and ware wash bids (Martin Bros). Using the consortium meets procurement requirements and offers low prices to school districts. Huberty moved to approve the agreement for FY21. Roethler seconded. Motion carried.
COVID-19 Pandemic Temporary Supplemental Policy: The information in this policy will be distributed to staff.
EMMETSBURG COMMUNITY SCHOOL DISTRICT COVID-19 Pandemic Temporary Supplemental Policy Provisions Families First Coronavirus Response Act ("FFCRA") Effective Date: April 1, 2020
NOTE: This Policy involves a rapidly evolving public health emergency. The District will continue to reassess this policy as the public health emergency and the law evolves. The District reserves the right to amend or revise this policy at any time.
1. PURPOSE. The purpose of this temporary and supplement policy is to protect students, employees, and community members; to establish a consistent approach to an infectious disease which is potentially impactful to the quality and timeliness of services provided by the District; and to provide a way to disseminate information to employees and answer questions or concerns.
This is a working document that may be updated as information is released, or if additional legislation is passed by the federal and state government. The District will strive to follow all guidelines put in place by the Centers for Disease Control (CDC), Iowa Department of Public Health (IDPH), and the County Department of Public Health.
2. COVID-19. COVID-19, or coronavirus, is a respiratory illness for which no vaccine currently exists and people do not possess immunities from previous exposure/infection. The incubation period for COVID-19 is estimated to be approximately 14 days. On March 11, 2020, the World Health Organization characterized COVID-19 as a pandemic. Because of the possibility of person-to-person transmission, it is important that employees stay a minimum of six (6) feet away from persons with whom they are interacting and refrain from handshakes and other forms of human touching. Common areas such as computers, mice, public countertops, chairs, tables, doors, knobs, light switches, restroom sinks and toilet handles, manual soap and sanitizer dispensers should be regularly wiped down with disinfectant. Employees using these items should wash their hands or use sanitizer with at least 60% alcohol following the contact.
3. DISTRICT RESPONSE TO PANDEMIC. In response to the pandemic, the District has temporarily closed all buildings. Some employees have been deemed essential employees required to report to work at their designated building site, including, but not necessarily limited to [name employees required to report to work, e.g. custodial staff required to sanitize buildings]. Other employees may be directed to work remotely. In some instances, these employees may be required to work overtime or otherwise adjust their regular schedules to assist during this crisis. All employees performing work during this temporary closure will be compensated pursuant to their individual contracts or letters of assignment, applicable collective bargaining agreements, Board policy, and/or state and federal law.
The District may modify work schedules as follows: (1) work from home entirely; (2) work partially from home and work partially at their worksite; (3) work staggered shifts either on a full-time or part-time basis; or (4) adjusted or otherwise reduced hours.
Any employee working from home will be required to comply with all applicable District policies and procedures, including but not limited to the Acceptable Use of Technology Policy (Board Policy No. 605.6), Student Records/FERPA (Policy No. 506.1E8), and District policies and procedures for reporting and using available leave.
During this time, if you are reporting to work or working from home, you may be asked to perform tasks that are not normal for your job description. Changes in your job duties, including the direction to work remotely (if applicable), are temporary in nature and do not constitute permanent changes to the essential functions of your job or other District policies or procedures. These changes do not set precedent for future requests for leave, remote work, or other accommodations.
The District will periodically re-evaluate this situation and workplace attendance and leave policies.
4. EMERGENCY PAID SICK LEAVE: Pursuant to the Families First Coronavirus Response Act, a federal law passed on March 18, 2020, and effective April 1, 2020, the District will provide paid sick leave for employees who meet the following criteria:
1. A federal, state, or local quarantine or isolation order related to COVID-19.
2. The employee has been advised by a healthcare provider to self-quarantine due concerns related to COVID-19.
3. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
4. The employee is caring for an individual who is subject to (1) a federal, state, or local quarantine or isolation order related to COVID-19; or (2) advice by a healthcare provider to self-quarantine due to concerns related to COVID-19.
5. The employee is caring for a son or daughter (under age eighteen (18)) of the employee if the school or place of care of the son or daughter has closed or the child care provider of such son or daughter is unavailable due to COVID-19 precautions.
6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Department of Labor.
Employees meeting one of these criteria shall report their desire to take this leave to their direct supervisor and the Office of Human Resources [or Business Office]. At this time employees shall not be required to provide an FMLA certification for this leave but may be required to provide proof of the need for such leave, which may include through a quarantine or isolation order or proof that their child’s school/childcare has closed.
If an employee needs leave for one of these COVID-19 related reasons prior to April 1, 2020, the employee may use any source of existing, accrued leaves. If the employee does not have any accrued paid leave, they may take the leave unpaid.
Beginning April 1, 2020, employees shall be entitled to paid leave in the following amounts:
• For full-time employees, 80 hours.
• For part-time employees, a number of hours equal to the number of hours that such employee works on average, over a two-week period.
• There are caps on the amount of money an employee taking this leave may be compensated. The District will enforce these legally required caps.
This 80 hours of paid leave for full-time employees, or two-week equivalent of pay for part-time employees, is a separate source of paid leave required by the Families First Coronavirus Response Act. During this time, the District will not deduct from other categories of accrued leave, and employees will be paid in accordance with the legally required amounts and caps.
• For employees absent for reasons (1), (2) or (3) above, they shall receive 100% of their pay with a daily cap of $511 per day or an aggregate of $5,110 over the two-week period.
• For employees absent for reasons (4), (5) or (6) above, they shall receive two-thirds (2/3) of their regular pay with a daily cap of $200 per day or an aggregate of $2,000 over the two-week period.
• If the rate of pay described above is less than the employee’s regular rate of pay, the employee may use other available leave, if any, to supplement the difference between the payments described above and their regular rate of pay.
If employees exhaust this two weeks of pay and cannot return to work and their absence is related to reasons (1), (2), (3), (4), and (6), the employee may be paid through the use of any applicable accrued leave. If employees exhaust this two weeks of pay and cannot return to work and their absence is related to reason (5) above and they have been employed for at least thirty (30) days, the employee is entitled to additional leave as described below in the EMERGENCY EXPANDED FMLA section.
The District will allow employees who are requesting this Emergency Paid Leave Sick Leave for school or childcare closures or unavailability to use the leave on an intermittent basis. For example, for an employee requesting this leave for school or childcare closure or unavailability who is able to work part-time due to other individuals being able to care for the child(ren), that employee shall be able to use their hours intermittently for any leave experienced until the hours they are entitled to are exhausted. However, the employee shall work with the District to schedule the intermittent leave to minimize the impact on the District’s business operations as much as practicable.
Employees seeking to use this Emergency Paid Sick Leave for any other reason other than school or childcare closure or unavailability are not permitted to use this leave on an intermittent basis.
5. EMERGENCY EXPANDED FMLA: Through the passage of the Families First Coronavirus Relief Act, the federal government temporarily expanded the FMLA to include a new qualifying reason for FMLA leave related to the public health emergency. A qualifying need related to a public health emergency means that the employee is unable to work (or telework) due to a need for leave to care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency.
In addition to the District’s FMLA policy already in place, the following guidelines apply to this new qualifying reason:
• The only eligibility requirement for employees to be eligible for this leave is that the employee has been employed for thirty (30) calendar days prior taking the leave.
• The employee shall be paid for this leave as follows:
o Employees will be paid two-thirds (2/3) of the employee’s regular rate of
pay (as determined by Section 7(e) of the FLSA). o For employees whose schedules vary from week to week, the employee will be paid two-thirds of their regular rate of pay for those hours that the employee would have worked if the leave was not necessary. If the hours the employee would have normally worked are not apparent, the hours the employee should be compensated for will be calculated as follows:
▪ A number equal to the average number of hours that the employee was scheduled per day over the 6-month period ending on the date on which the employee takes such leave, including hours for which the employee took leave of any type.
▪ If the employee did not work over the 6-month period, the reasonable expectation of the employee at the time of hiring of the average number of hours per day that the employee would normally be scheduled to work.
• Under no circumstances will an employee be compensated more than $200/day or $10,000 in the aggregate for this leave.
• If the rate of pay described above is less than the employee’s regular rate of pay, the employee may use other available leave, if any, to supplement the difference between the payments described above and their regular rate of pay.
Employee’s medical benefits will be maintained during an FMLA Expansion leave.
Requests for FMLA Expansion leave should be made directly to the Human Resources department as soon as reasonably possible.
During the 12 workweeks of approved FMLA Expansion leave, employees are entitled to be reinstated to their same job or to an equivalent position with the same pay, benefits and working conditions, as provided by law.
6. ILLNESS REPORTING: Do Not Enter any District facility or perform any in-person job functions for the District, regardless of location, if:
o You are experiencing any of the following flu-like/respiratory symptoms,
▪ Fever – over 100 degrees Fahrenheit
▪ Coughing
▪ Sneezing
▪ Shortness of Breath
▪ Any other flu-like symptom. Uncommon symptoms of COVID-19 include diarrhea, nausea, and fatigue. `▪ YOU MAY NOT RETURN TO WORK UNTIL THE LATER OF THE FOLLOWING: (1) seven (7) days from the onset symptoms; (2) fever free for seventy-two (72) hours without any fever reducing medication. o Have been diagnosed with COVID-19 and/or tested positive for COVID-19.
o Been around someone who has been diagnosed with COVID-19 or tested positive for COVID-19. This includes living in the same household or spending time within six (6) feet of someone who has been diagnosed with COVID-19 or tested positive for COVID- 19.
Employees experiencing any of the above should report it immediately. Employees should call their supervisor to report these conditions.
7. HIGH RISK EMPLOYEES: If you are someone who is at “higher risk” for becoming ill from the virus (pursuant to the CDC’s guidance, see: https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/high-risk-com…), please feel free to communicate that to the Director of Human Resources [or the District administrator who handles FMLA requests]. The information you provide will be kept strictly confidential in your medical file and will be used solely for the purposes of determining your potential need for a leave of absence or for modifications to your work schedule and/or work environment during the pandemic.
The District will assess situations with high-risk employees on a case-by-case basis. In the event an employee is high risk and unable to report to work, the employee will either be allowed to work from home if practicable or be excused from reporting to work and receive two-thirds of their normal salary as described under the non-essential employees who are not required to work from home in this policy. If a doctor recommends the employee self-quarantine due to underlying health conditions, the employee will receive 100% of their normal salary for up to eighty (80) hours and then may use any applicable leave thereafter.
8. TRAVEL: As of the date of this policy all employees who travel as defined by this policy will be subject to the following requirements:
For purposes of this policy, "Travel" is defined as follows:
• Non-essential: (1) traveling to any location outside of a fifty (50) mile radius of the District or (2) attending a gathering of more than ten (10) people regardless of the location.
• Essential: (1) necessary travel that does not meet the definition of non-essential travel. The District will authorize essential travel on a case by case basis.
All District-related Non-Essential Travel as defined by this policy is suspended without prior approval of the Superintendent or her/his designee (i.e. conferences or non-essential meetings.) Any employee who engages in Non-essential Travel pursuant to this policy shall report their plans to travel (or if already traveling as of the date of this policy, their return plans from travel) to their direct supervisor. These reports shall be made via phone or e-mail rather than in person to minimize contacts and limit person-to-person exposure.
For anyone engaged in Non-essential Travel as defined by this policy and planning to return to work, you will be required to self-isolate away from work for fourteen (14) days. You will only be allowed to return to work if symptom and fever free (without the use of fever-reducing medications such as Tylenol) as defined by the CDC guidelines. You are required to use vacation, personal leave and sick leave during this time and in that order to be compensated for your normal working hours. If, after April 1, 2020, you need leave relating to reasons (1) through (6) outlined above, the employee may be eligible for Emergency Paid Sick Leave and Emergency Expanded FMLA Leave.
9. MEETINGS: Except for school board meetings, which may be held in person or electronically as determined by the Board, no group meetings shall be held in-person for the duration of this policy without prior approval from the Superintendent or her/his designee. All meetings shall be held electronically or over the phone. This includes meetings required under the Individuals with Disabilities Education Act (“IDEA”) or Section 504 of the Rehabilitation Act. Employees with questions about scheduling IEP or 504 meetings should contact the District’s special education director and/or 504 coordinator. Any approved in-person meetings shall only include internal staff unless the Superintendent or her/his has approved the presence of others prior to the meeting.
10. STAFF UPDATES: The Superintendent or her/his designee shall update all staff on developments throughout this time period.
11. POLICY: The leave authorized by this policy shall expire on December 31, 2020 and no leave shall be carried forward to 2021.
Morton moved to approve this policy and was seconded by Thomsen. Motion carried.
RESOLUTION EMERGENCY RESPONSE PANDEMIC POLICY SUSPENSION: (this resolution was updated and revised from the March 25, 2020 meeting)
Pandemic Response and Emergency Suspension of Policy
Emmetsburg Community School District Board of Directors Resolution – Pandemic Response and Emergency Suspension of Policy WHEREAS, Iowa Code Ch. 279.8 authorizes local school boards to govern their respective districts, including adopting policies for their own governance; and
WHEREAS the Board may, by formal, action suspend or rescind board policy as deemed necessary, appropriate or in the best interests of the District; and
WHEREAS, on March 11, 2020, the World Health Organization characterized COVID-19 as a pandemic; and
WHEREAS, on March 13, 2020, the President of the United States declared a national state of emergency and on March 15, 2020, Iowa Governor Kim Reynolds recommended closure of all public and private K-12 schools in Iowa until April 13, 2020, to contain the spread of COVID-19; and
WHEREAS, on March 17, 2020, Iowa Governor Kim Reynolds declared a State of Public Health Disaster Emergency under the authority granted through Iowa Constitution, Art. IV, §§ 1, 8 and Iowa Code §§ 29C.6(1), 135.140(6), and 135.144 and directed implementation of the Iowa Department of Homeland Security and Emergency Management’s Iowa Emergency Response Plan in response to the novel coronavirus (COVID-19); and
WHEREAS, most hourly non-exempt employees will be unable to report to work due to the District’s closure and certified contract employees may be asked to work at remote locations to help provide continuity in educational services; and
WHEREAS, it fulfills a public purpose to continue to pay District hourly non-exempt employees during this closure to prevent or contain the spread of COVID-19, to promote morale and to help retain current employees following the closure; and
WHEREAS, on March 17, 2020, the Iowa Legislature passed and the Governor signed SF 2408 granting waiver of the instructional time requirements in Iowa Code Ch. 279.10 for all public school districts closing before April 12, 2020, in order to prevent or contain the spread of COVID-19; and granting Governor Reynolds the ability to waive instructional time requirements for any public school district which closes on or after April 12, 2020, to prevent or contain the spread of COVID-19; and
WHEREAS, the Iowa Department of Education, which has the authority to establish and interpret graduation requirements, and to oversee other crucial aspects of public education is providing written guidance to Iowa school districts on issues related to COVID -19, including but not limited to student attendance, distance/online learning, high school credit, meal distribution, and other issues; and
NOW, THEREFORE BE IT RESOLVED, that the Emmetsburg Community School Board hereby suspends provisions of its board policies and/or whole policies, as identified by the District Superintendent or designee, if such suspension is necessary to implement written guidance from state or federal agencies relating to containing COVID-19 for the duration identified in the Governor’s State of Public Health Emergency declaration of March 17, 2020, or as otherwise determined by the Board.
BE IT FURTHER RESOLVED that the District Superintendent will consult with and report to the Board as feasible and appropriate regarding the emergency closure and efforts to implement written guidance from health and government agencies.
BE IT FURTHER RESOLVED that the District Superintendent is authorized to close any school facility without further action by the Board of Directors. Such closure shall continue during the emergency created by the COVID-19 pandemic until such time as the Superintendent, in consultation with appropriate health and government authorities, deems it in the best interests of the District and its students to open schools. BE IT FURTHER RESOLVED that the District Superintendent is authorized, based upon the needs of the District and guidance from health and government agencies, to direct staff assignments during District closures, including but not limited to essential employees who must report to work, employees who may be reassigned, and employees whose services are not needed.
BE IT FURTHER RESOLVED that access to public school grounds and public school buildings of the District may be limited as directed by the Superintendent during District closures.
BE IT FURTHER RESOLVED that certified, exempt employees will remain employed during the school closure and until the number of days expressed on the contract have been fulfilled, unless otherwise approved by the Board. Days that contracted employees do not report for duty onsite or from a remote location, due to closure, do not constitute a fulfilled contract day except to the extent those days are forgiven by the District.
BE IT FURTHER RESOLVED that in light of this District-wide emergency closure, the Board authorizes the Superintendent to place hourly non-exempt employees on paid administrative leave and to continue to pay them for remainder of the school closure up to the end of the scheduled school year during.
BE IT FURTHER RESOLVED that in the interest of public health and/or to comply with federal or state health department recommendations or guidance, the Board may limit the number of people who can physically attend Board meetings and may, instead, encourage the public to attend or listen to its open public meetings by video conference and or live streaming on the internet and the Board may also limit public comment to written comments.
BE IT FURTHER RESOLVED that the board reserves the right to adjust board meeting dates, times, and locations during the district-wide emergency closure in a manner consistent with the Open Meetings law, and notes that any or all board members may attend board meetings electronically as permitted by law.
BE IT FURTHER RESOLVED that execution of this Resolution is conclusive evidence of the Board’s approval of this action and of the authority granted herein. The Board warrants that it has, and at the time of this action had, full power and lawful authority to adopt this instrument. This resolution will remain in full force and effect until it is rescinded or amended by subsequent action of the Board.
Huberty moved to approve and amend this resolution and was seconded by Roethler.
Roll call vote: Huberty-aye, Roethler-aye, Thomsen-Aye, Morton-aye, Dietrich-aye, Hoyman-aye. Nays-none.
Adopted and approved this 15th day of April, 2020.
By: ________________________________________ Board President or Designee
Attest: ________________________________________ Board Secretary
Adjournment: Morton moved to adjourn at 6:43pm. Seconded by Roethler. Motion carried.
______________________________________ ___________________________________
Board President Board Secretary
