400 Personnel Policies Goals and Guiding Principles

400 PERSONNEL POLICIES GOALS AND GUIDING PRINCIPLES

The Board of Director’s goal is to obtain and retain qualified and effective employees.  It shall be the policy of the Board of Directors to recruit and retain the highest caliber of professional personnel and classified employees. 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.

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.  Classified employees’ policies included in this series shall apply to positions that do not fall within the definition of licensed employee.

 

Approved 3-28-16

401 EQUAL EMPLOYMENT OPPORTUNITY

The Creston Community School District shall provide equal opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity laws, directives and regulations of federal, state and local governing bodies and agencies.  The District shall take affirmative action in recruitment, appointment, assignment and advancement of women, minorities and the disabled.  Employees shall be given notice of this policy annually.

Individuals who file an application with the District will be given consideration for employment if they meet or exceed the qualifications set by the District’s administration, the District’s Board of Directors and the Department of Education for the position for which they apply.  In employing school district personnel, the Board of Directors shall consider the qualifications, credentials, and records of the applicants without regard to age (except for students), gender, sexual orientation, gender identity, marital status, socioeconomic status, disability, race, national origin, color, religion, and creed.  In keeping with the law, the Board of Directors shall consider the veteran status of applicants.

Employees or applicants for employment having inquiries regarding compliance with equal employment opportunity and affirmative action are directed to contact:

Superintendent
801 N. Elm 
Creston IA  50801
641-782-7028 

Inquiries may also be directed, in writing, to the Iowa Civil Rights Department or to the Director of the Region VII Office of Civil Rights, Department of Education, Kansas City, Missouri.  Such inquiry or complaint to the state or federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

 

Approved 3-28-16

402 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION COMPLIANCE PROGRAM

The Creston Community School District is an Equal Opportunity Employer without regard to age (except for students), gender, sexual orientation, gender identity, marital status, socioeconomic status, disability, race, national origin, color, religion, and creed.

All employment decisions will be made in accordance with these principles.  All employment related programs will be administered in a manner consistent with these principles.  No employee or applicant shall suffer any form of discrimination because of age (except for students), gender, sexual orientation, gender identity, marital status, socioeconomic status, disability, race, national origin, color, religion, and creed.

To ensure awareness by all levels of the administration, all employees, all students, educational agencies, vendors with which the District works and the community, the District will disseminate information as detailed below.

 

A. Dissemination of Policy

  1. Employees will be reminded annually of the District’s Equal Employment Opportunity Policy (“EEO Policy”) by:
    1. Description of the EEO Policy by publication or reference in all issuances.
    2. Where applicable, detailed discussions of the EEO Policy at administrative conferences and staff meetings.
    3. Posting of the EEO Policy on the District’s website.
  2. Employment advertisements will contain assurance of equal employment opportunity.
  3. Employment sources and recruiting sources where jobs are posted and/or listed by the District will be reminded of the District’s EEO Policy, both verbally and in writing.
  4. Notices informing employees and applicants of their rights under federal and state civil rights laws will be posted on bulletin boards and in locations where applicants are interviewed.

B. Responsibility for Implementing the Affirmative Action Plan and Program

  1. The District is responsible for implementing the Affirmative Action Plan and Program and will render full assistance and support for those seeking help and assistance in taking affirmative action.

C. Recruiting

  1. Additional emphasis will be given to seeking and encouraging diverse applicants in major job categories where women, men, minorities and persons with disabilities are underrepresented.

D. Training

  1. All training and in-service programs supported or sponsored by the District will continue to be equally open to all employees on the basis of qualifications.

E. Hiring, Placement, Transfer, Lay-Off and Recall

  1. The District recognizes that to accomplish the long-range objectives of its Equal Employment Opportunity policy, continued affirmative action must be taken to ensure that job opportunities of all kinds are called to the specific attention of members of minority groups, women and the disabled, and that qualified members of such groups should be offered positions on the same basis as all other applicants or employees.  To assure achievement of the objectives, the District will periodically review its practices of hiring job applicants.

F. Compensation

  1. All employees will receive compensation in accordance with the same standards.  Opportunities for performing overtime work or otherwise earning increased compensation will be afforded to all qualified employees without discrimination based on age (except for students), gender, sexual orientation, gender identity, marital status, socioeconomic status, disability, race, national origin, color, religion, and creed.

Approved 3-28-16 updated/approved 2-19-18

403 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION GRIEVANCE PROCEDURE

Employees of the District and applicants for employment with the District have the right to file a formal complaint alleging non-compliance with federal and state regulations requiring non-discrimination in employment.

Level One- Principal or Immediate Supervisor

Individuals with a grievance of discrimination on the basis of gender, race, national origin, disability, religion, creed, sexual orientation, gender identity or age may first discuss it with their principal/designee or immediate supervisor, with the goal of resolving the matter informally.  An applicant for employment with a complaint of discrimination on the basis of gender, race, national origin, disability, religion, creed, sexual orientation, gender identity, or age may discuss it with the instructor, counselor, supervisor, department chairperson, building administrator, or personnel contact person involved.

Level Two- The Affirmative Action Coordinator

If the grievance is not resolved at level one and the grievant wishes to pursue the grievance, he or she may formalize it by filing a complaint in writing.  

The complaint shall state the date filed, the name of complainant, home address, home and work phone number, the nature of the grievance, the date the alleged violation occurred, the remedy requested, and the signature of the complainant.  The filing of the formal, written complaint at level two must be within fifteen (15) working days from the date of the event giving rise to the grievance or from the date the grievant could reasonably become aware of such occurrence.  The grievant may request that a meeting concerning the complaint be held with the affirmative action coordinator.

The affirmative action coordinator shall investigate the complaint and attempt to resolve it.  A written report from the affirmative action coordinator regarding action taken will be sent within fifteen (15) working days after receipt of the complaint.

Level Three- Superintendent

If the complaint is not resolved at level two, the grievant may process the complaint to level three by presenting a written appeal to the superintendent/designee within ten (10) working days after the grievant receives the report from the affirmative action coordinator.  The grievant may request a meeting with the superintendent/designee.  The superintendent/designee has the option of meeting with the grievant to discuss the appeal.  A decision will be rendered by the superintendent/designee within ten (10) working days after receipt of the written appeal.

 

This procedure in no way denies the right of the grievant to file formal complaints with the Iowa Civil Rights Commission, the Federal Office of Civil Rights, or the Equal Employment Opportunity Commission for mediation or rectification of civil rights grievances, or to seek private counsel for complaints alleging discrimination.

 

Approved 3-28-16

404 EMPLOYEE COMPLAINTS

Complaints of employees against fellow employees should be discussed directly between employees.  If necessary, complaints will be brought directly to the immediate supervisor, principal or superintendent and will be made in a constructive and professional manner. Reasonable efforts will be made to make sure complaints will not be made in the presence of other employees, students or outside persons.

 

Approved 3-28-16

405 PUBLIC COMPLAINTS ABOUT EMPLOYEES

The Board recognizes situations may arise in the operation of the school district which are of concern to parents and other members of the school district community.  While constructive criticism is welcomed, the Board desires to support its employees and their actions to free them from unnecessary, spiteful or negative criticism and complaints that do not offer advice for improvement or change.

The Board firmly believes concerns should be resolved at the lowest organizational level by those individuals closet to the concern.  Whenever a complaint or concern is brought to the attention of the Board it will be referred to the administration to be resolved consistent with the following:

  1. Matters concerning an individual student, teacher or other employee should first be addressed to the teacher or employee.
  2. Unsettled matters from (1) above or problems and questions about individual attendance centers should be addressed to the employee's building principal or immediate supervisor.
  3. Unsettled matters regarding licensed employees from (2) 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, the individual may ask that it be brought to the Board.  To ask that a concern regarding an employee be addressed by the Board, the individual must notify the Board President in writing of the concern.  The Board President may bring it to the attention of the entire Board by placing it on the agenda or the individual may be able to address the complaint with the Board at the beginning of a meeting in accordance with Board policy.

It is within the discretion of the Board to address complaints from the members of the school district community, and the Board will only do so if they are in writing, signed, and the complaint has complied with this policy.

 

Approved 3-28-16

406 EMPLOYEE RECORDS

The district may maintain personnel records on employees.  These records are important for the meeting of the district’s overall goals and objectives and mission statement, the daily administration of the educational policy, and meeting state and federal legal requirements.

Each employee’s personnel file may include any documentation relating to the employee, including by not limited to, personal information regarding the employee, employee discipline records, employee evaluations, and salary records, and other documentation necessary to carry out the daily administration of the district.

Each employee’s personnel file and the contents of such are district records and are considered confidential records, and therefore, are not generally open to public inspection or accessibility.

Employees may have access to their individual personnel files as required by law.  Other school administrators and board members will have access to an employee’s personnel files as required by law.

It shall be the responsibility of the superintendent to keep employee’s personnel files current.  The board secretary shall be the custodian of the employee personnel files, and all other employee records.

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

 

Approved 3-28-16

407 EMPLOYEE RECORDS REGULATIONS

Maintenance of Employee Records

Employee personnel records may contain, but are not limited to, the following information:

  • Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse;
  • Application, resume and references, except those that shall be kept confidential according to state and federal law;
  • Educational transcripts;
  • Copy of the employee's license or certificate, if needed for the position;
  • Individual employment contract;
  • Job description and/or assignment;
  • Salary information;
  • Tax documents, including, but not limited to IRS Form W-4;
  • Written attendance records;
  • Evaluation documents;
  • Complaints;
  • Performance improvement plans;
  • Documents concerning any raise, promotion, pay decrease or demotion;
  • Records of disciplinary matters;
  • Receipts and/or acknowledgements of any employee-related material, including policies and handbooks;
  • Letters of termination and/or resignation;
  • Documentation relating to an employee’s unemployment benefits; and
  • Documentation relating to an employee’s employment ceasing.

Employee health and medical records, which are kept separate from employee personnel records, may contain, but are not limited to, the following information:

  • Employee's medical history, including, but not limited to, medical records and/or notes;
  • Employee’s emergency names and numbers;
  • Medical professional signed physical form;
  • Sick or long-term disability leave days;
  • Family and medical leave request forms;
  • Worker's compensation claims;
  • Reasonable accommodation made by the District to accommodate the employee's disability.

Employee immigration forms, specifically Form I-9, are kept separate from employee personnel records, and may be kept in a file that houses all employees’ immigration forms for the U.S. Citizenship and Immigration Services.

Applicant for Employment Records

Records on applicants for positions with the District, which are maintained in the central administration office, may contain, but are not limited to, the following information:

  • Application for employment;
  • Resume;
  • References, except those that shall be kept confidential according to state and federal law;
  • Evidence of appropriate license or certificate, if necessary for the position for which the individual applied;
  • Affirmative action form, if submitted.

Access to Records

The board shall allow current and former employees access to their files pursuant to state and federal law.

The board shall allow only authorized school officials 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.

The general public may have access to an employee’s personnel records and/or personnel information as permitted by law.  Specifically, the general public may have access to the following information:

  • An employee’s name and compensation, including any written agreement establishing compensation or any other terms of employment excluding any information otherwise protected under the law.
    • Compensation means payment of, or agreement to pay, any money, thing of value, or financial benefit conferred in return for labor or services rendered by an official, officer or employee plus the value of benefits conferred including but not limited to casualty, disability, life, or health insurance, other health or wellness benefits, vacation leave, holiday leave, sick leave, severance payments, retirement benefits, and deferred compensation.
  • The dates the employee was employed by the District.
  • The positions the employee holds or has held with the District.
  • The educational instructions attended by the employee, including any diplomas and degrees earned, and the names of the employee’s previous employers, positions previously held, and dates of previous employment.
  • The fact that the employee was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal, and statutory remedies.

Retention of Records

All employee records, except payroll and salary records, are maintained for a minimum of seven (7) years after termination of employment with the District.  Applicant records are maintained for a minimum of three (3) years after the position was filled.  Payroll and salary records are maintained for a minimum of three (3) years.

 

Approved 3-28-16

408 EMPLOYEE CONFLICT OF INTEREST

Employees’ use of their position with the school district directly or indirectly for financial gain is considered a conflict of interest with their position as employee and may subject them 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 solicitations within the conditions set by the superintendent.  Further, the superintendent may 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, school equipment, musical instruments or other school supplies to the school district.  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 pupils 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 system.

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 exist will 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 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 do one of the following:

  1. Cease the outside employment or activity; or
  2. Publicly disclose the existence of conflict and refrain from taking 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 interests of the outside employment or activity.

There shall be no conflict of interest in the supervision and evaluation of employees.  Therefore, no administrator or supervisor shall be responsible for the supervision or evaluation of an immediate family member.

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.

 

Approved 3-28-16

409 NEPOTISM

Nepotism is patronage bestowed or favoritism shown on the basis of family relationship.  More than one family member may be an employee of the school district.  However, no school district employee shall be involved in hiring a family member.  The decision to employ more than one individual in a family shall be made on the basis of each individual’s qualifications and credentials.

No school district employee shall serve in a supervisory capacity over one of their family members employed by the school district.  No school district employee shall attempt to influence the evaluation or conditions of employment of the employee’s family member with anyone who serves in a supervisory capacity over that family member.

Family members for purposes of this policy include husbands, wives, mothers, fathers, mothers-in-law, fathers-in-law, sisters, brothers, sisters-in-law, brothers-in-law, daughters, sons, daughters-in-law, and sons-in-law.

 

Approved 3-28-16

410 GIFTS GIVEN TO EMPLOYEES

The Board understands the desire of students, parents, and others to give gifts to show appreciation of an employee.  Rather than giving gifts, the Board encourages, as more welcome and appropriate, the writing of letters to express gratitude and appreciation or the donation of a gift to benefit the District rather than an individual employee.

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 a “donor” stated below or the gift or honorarium does not meet the definition of “gift” or an “honorarium” stated below.  However, employees may receive nonmonetary gifts of a value less than $3.00 if the donor does not intend to influence the employee's professional judgment.  Employees may receive a gift on behalf of the District.

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

  1. 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 District;
  2. Is engaged in activities, which are regulated or controlled by the District;
  3. 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
  4. Is a lobbyist with respect to matters within the 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:

  1. Contributions to a candidate or a candidate's committee;
  2. Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, or periodicals;
  3. Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
  4. An inheritance;
  5. Anything available or distributed to the public generally without regard to the official status of the employee:
  6. 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;
  7. Plaques or items of negligible resale value given as recognition for public services;
  8. Items of food and drink with a value of less than three dollars that are received from anyone donor during one calendar day;
  9. Items or services solicited or given to a state, national, or regional organization in which the state of Iowa or a political subdivision of the state of Iowa is a member; or
  10. Items or services received as part of a regularly scheduled event that is part of a conference, seminar, or other meeting that is sponsored and directed by any state, national, or regional organization in which the state of Iowa or a political subdivision of the state of Iowa is a member.

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

  1. Actual expenses of an employee for food, beverages, travel, or 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;
  2. A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, a bona fide educational or charitable organization, or the department of general services; or
  3. A payment made to an employee for service rendered as part of a bona fide 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 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.  An employee who violates this policy may be subject to disciplinary action.

Approved 3-28-16

411 POLITICAL ACTIVITIES OF EMPLOYEES

Employees will not engage in political activity upon property under the jurisdiction of the Board or at District activities or events.  Activities include, but are 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; 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.

 

Approved 3-28-16

412 EMPLOYEE LEAVE FOR MILITARY SERVICE

Leaves of absence are granted for military purposes, but are not to exceed the enlistment or draft period.  On completion of the military service, the individual is entitled to reinstatement at the same position and classification he/she would have received had he/she not taken such leave but subject to the following conditions:

  1. That the position was not abolished;
  2. That he/she is physically and mentally capable of performing the duties of the position;
  3. That he/she makes written application for reinstatement to the superintendent/ designee within 90 days after termination of military service; and
  4. That he/she submits an honorable separation from the military service.

A leave of absence will be granted for reservists for training purposes when ordered by proper authority to active state or federal service, but not for a period exceeding a total of thirty (30) days in any calendar year.  Leaves for training purposes are granted without loss of pay, but employees are expected to take such training during times the school is not in session whenever possible.

 

Approved 3-28-16

413 EMPLOYEE LEAVE FOR JURY SERVICE

Employees may be excused with pay for jury duty.  The employees must request permission to do such from the superintendent/designee.  Payment received by employees from the court for juror per diem is to be reported to the district within thirty (30) days of the receipt of payment.

 

Approved 3-28-16

414 EMPLOYEE LEAVE FOR COURT SUBPOENA

Employees may be excused without pay or may use a personal leave day for a court­-issued subpoena.  If the subpoena is issued for a school-related matter, and not for a personal matter, leave with pay may be granted.  The employees must request permission to do such from the superintendent/ designee.

 

Approved 3-28-16

415 EMPLOYEE SERVICE RECOGNITION

The District and the Board recognize and appreciate the service of their employees.  Employees who have served the school district longer than five (5) years may be honored by the Board, administration and/or staff.  Additionally, employees who retire or resign may be honored by the Board, administration and/or staff.

If the form of honor thought appropriate by the Board, administration and/or staff involves unusual expense by the District, the individual or group wishing to honor the employee shall seek the approval of the superintendent and the superintendent shall seek the approval of the Board.

 

Approved 3-28-16

416 TRAVEL COMPENSATION FOR EMPLOYEES

Employees traveling on behalf of the District and performing approved District business will be reimbursed in accordance with the District Reimbursement Schedule.  

Travel Within the School District

Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position may be reimbursed at the rate of the District Reimbursement Schedule.  It is the responsibility of the supervisor to approve travel within the school district by employees. It is the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.

Travel Outside the School District

Travel outside of the school district must be verbally pre-approved by the employee's supervisor.  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 an approved school district business.

Reimbursement for actual and necessary expenses will be allowed for travel outside the school district if the employee received pre-approval for the travel.  Reimbursement for actual and necessary expenses for travel outside the school district will be limited to the pre-approved expenses. Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed 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 is 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 ten (10) working days following the date of the expense.

Pre-approved expenses for transportation within three-hundred (300) 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 rate (calculated in cents per mile) allowed and/or recommended by law.  

Pre-approved expenses for transportation outside of three-hundred (301) miles of the school district administrative office may be by public carrier.  Reimbursement for air travel will be at the tourist class fares. 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.

Employees shall receive pre-approval for the most economical and available lodging. Lodging may be pre-approved for a larger amount if special circumstances require the employee to stay at a particular hotel.

 

The superintendent is responsible for developing administrative regulations regarding actual and necessary expenses, district travel allowances and assignment 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.

 

Approved 3-28-16 (revised 4/20/20)

Reference District Reimbursement Schedule

417 DISTRICT CREDIT CARDS

The Creston Community School District’s Board of Directors will determine whether the District will obtain and make available credit cards for the use by its employees and/or officers.  If the Board determines that the District will obtain credit cards, the Board, upon the joint recommendation of the Superintendent and the Business Manager, will establish reasonable credit limits for each purchase, transaction, card and/or account.

District credit cards will be issued and/or made available to employees and/or officers only for the time period and purpose for which they are needed.  The District’s administration, in consultation with the Board, will determine which employees and/or officers will be issued and/or provided use of District credit cards and the time period that they are needed.  Prior to issuing and/or providing use of a District credit card to an employee and/or officer, the employee and/or officer will be instructed and trained regarding the use of District credit cards and they will provide a written acknowledgement that they understand their responsibilities in regard to the use of District credit cards.  Employees and/or officers will turn District issued and/or provided credit cards back to the District at the end of the time period for which they have been issued and/or provided or upon separation of employment.  Use of District issued credit cards is a privilege and the Superintendent may withdraw the privilege of using District issued credit cards at any time.

District credit cards will be used for the actual and necessary expenses incurred by the employee and/or officer in the performance of work-related duties.  Actual and necessary expenses incurred in the performance of work-related duties include, but are not limited to, fuel for the District transportation vehicles used for transporting students to and from school and for school-sponsored events, professional development of the employees and/or officers, and other expenses required by employees and/or officers in the performance of their duties.

District issued and/or provided credit cards may be used only for business purposes; only in conjunction with the employee’s or officer’s duties; and only in accordance with District policy and the law.  The District will not regard expenses for one's own business-related use, such as lodging and meals while on approved business trips, as personal purchases/transactions, as long as such expenses are consistent with the District’s travel and expense reimbursement policies, rules, and/or regulations.  Any personal expenses which could and should be segregated from allowable business expense will be segregated from allowable business expense.  The employee or officer will be responsible for payment or reimbursement of any personal expenses which could and should be segregated from allowable business expenses, regardless of whether the personal expenses were segregated or were not segregated.

Original itemized receipts for each purchase/transaction that document the purpose for which the card was used and who used the card will be required for all purchases/transactions.  All documentation regarding any purchases/ transactions will be required to be turned into the District’s business office within five (5) business days of the purchase/transaction.

The District will review and reconcile District credit card statements and purchases/transactions on a monthly basis and will verify that any items that were purchased were actually received.  The District will take action to follow up on any identified discrepancies in a timely manner.  No employee or officer will be allowed to review and approve their own purchases/transactions.  All credit card balances will be paid in full on a monthly basis. 

If an employee or officer loses a District issued credit card or has a District issued credit card stolen, the employee or officer must report the loss or theft of the credit card to the District immediately.  Upon report of a lost or stolen credit card, the District will notify the issuer of the card of the loss or theft and cancel the card.

If an employee or officer uses a District issued credit card for personal purchases/transactions in violation of this policy, the cost of such purchases/transactions will be the financial responsibility of that employee or officer and the employee or officer will be expected to reimburse the District for the full amount of the unauthorized purchase/transaction.  In addition to financial responsibility for any purchases/transactions an employee makes with a company credit card in violation of this policy, such actions may result in revocation of card privileges and/or disciplinary or other legal action, depending upon the severity and nature of the offense.

 

Approved 3-28-16

418 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 of the District’s employees are encouraged, and employees who are mandatory reporters are required, 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 will orally or in writing notify the Iowa Department of Human Services.  If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency will also be notified.  Within forty-eight (48) hours of the oral report, the mandatory reporter will file a written report with the Iowa Department of Human Services.

Within six months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse or submit evidence they have taken the course within the previous five years.  The course will be retaken at least every five years.

 

Approved 3-28-16

418.1 CHILD ABUSE REPORTING REGULATIONS

Iowa law requires district personnel who are mandatory reporters to report to the Iowa Department of Human Services instances of suspected child abuse which they become aware of within the scope of their professional duties.

The law further specifies that an employee who is a mandatory reporter 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.

Iowa law provides that 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 civil or criminal liability.

Child Abuse Defined

“Child abuse” is defined under Iowa law 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.
  • Any mental injury to a child's intellectual or psychological capacity as evidenced by an observable and substantial impairment in the child's ability to function within the child's normal range of performance and behavior as the result of the acts or omissions of a person responsible for the care of the child, if the impairment is diagnosed and confirmed by a licensed physician or qualified mental health professional as defined by Iowa law.
  • The commission of a sexual offense with or to a child pursuant to Iowa law, as a result of the acts or omissions of the person responsible for the care of the child.
  • 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 health and welfare when financially able to do so or when offered financial or other reasonable means to do so.  A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child.
  • The acts or omissions of a person responsible for the care of a child which allow, permit, or encourage the child to engage in acts of prostitution.
  • An illegal drug is present in a child's body as a direct and foreseeable consequence of the acts or omissions of the person responsible for the care of the child.
  • The person responsible for the care of a child has, in the presence of the child, manufactured a dangerous substance, or in the presence of the child possesses a product containing ephedrine, its salts, optical isomers, salts of optical isomers, or pseudoephedrine, its salts, optical isomers, salts of optical isomers, with the intent to use the product as a precursor or an intermediary to a dangerous substance.
  • The commission of bestiality in the presence of a minor by a person who resides in a home with a child, as a result of the acts or omissions of a person responsible for the care of the child.
  • Knowingly allowing a person custody or control of, or unsupervised access to a child or minor, after knowing the person is required to register or is on the sex offender registry.

Teachers in public school 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

Employees who are mandatory reporters are required to report, either orally or in writing, within twenty-four (24) hours to the Iowa Department of Human Services when, within the scope of their professional duties, the employee reasonably believes a child has suffered from abuse.  Within forty-eight (48) hours of an oral report, a written report must be filed with the Iowa Department of Human Services.

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

  • name, age, and address of the child;
  • name and address of parent(s), guardian(s) or other person(s) believed to be responsible for the care of the child;
  • the child’s present whereabouts if different from the parent(s), guardian(s) or other person(s) legally responsible for the child;
  • 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.

It is not the responsibility of employees to prove that a child has been abused or neglected.  Employees should not take it upon themselves to investigate the case or contact the family of the child.  The Iowa Department of Human Services is responsible to investigate any incident of alleged abuse.

 

Approved 3-28-16

419 ABUSE OF STUDENTS BY DISTRICT EMPLOYEES

It is the policy of the District that school employees not commit acts of physical or sexual abuse, including inappropriate and intentional sexual behavior, toward students.  Any school employee who commits such acts is subject to disciplinary sanctions up to and including discharge.

It is the policy of the District to respond promptly to allegations of abuse of students by school employees by investigating or arranging for full investigation of any allegation, and to do so in a reasonably prudent manner.  The processing of any complaint or allegation will be handled confidentially to the maximum extent possible.  All employees are required to assist in the investigation when requested to provide information, and to maintain the confidentiality of the reporting and investigating process.

The District has appointed a level-one investigator(s) and alternate(s), and has arranged for or contracted with a trained, experienced professional to serve as the level-two investigator.  The level-one investigator(s) and alternate(s) will be provided training in the conducting of an investigation, at the expense of the District. See student handbook for name(s) of level-one and level-two investigator(s).

The superintendent, or a designee of the superintendent, shall prescribe regulations in accordance with the rules adopted by the Iowa Department of Education to carry out this policy.

 

Approved 3-28-16

419.1 ABUSE OF STUDENTS BY DISTRICT EMPLOYEES REGULATIONS

Pursuant to Chapter 102 of the School Rules of Iowa, abuse may fall into either of the two following categories.

  1. Physical Abuse- The non-accidental physical injury to a student as a result of the actions of a District employee.  Physical abuse may occur as the result of intentional infliction of injury or excessive, unnecessary, or unreasonable use of force in discipline.
  2. Sexual Abuse- Sexual offenses or misconduct as defined by Iowa Code Chapter 709.  This definition also encompasses acts or omission of the District employee that allow, permit, or encourage the student to engage in prostitution as defined by Iowa law.

To constitute a violation of the Iowa Code, acts or omissions of the employee must have occurred on school grounds, on school time, on a school-sponsored activity, or in a school-related context.

It shall be the responsibility of the superintendent/designee to annually identify a designated investigator and an alternate investigator.  

When an employee receives a report of alleged abuse of a student by a District employee, the report shall immediately be given to the designated investigator or their alternate if the investigator is named in the report. The investigator shall then make and provide a copy of the report to the person filing, the student's parent/guardian and the District employee named in the report.  Within five school days of receipt of the report, the investigator shall conduct an informal investigation to determine whether the allegations are true.   In the course of this investigation, the investigator shall interview the alleged victim, the District employee named in the report, and any collateral sources who may have knowledge of the circumstances contained in the report. The investigator shall exercise prudent discretion to preserve the confidentiality interests of the individuals involved.

The investigator's role is not to determine the guilt or innocence of the involved party, but whether it is likely that an incident took place between the student and the District employee.  If, in the investigator's opinion, the magnitude of the allegations suggests immediate and professional investigation is necessary, the investigator may waive informal investigation.  In such cases, the investigator shall contact appropriate law enforcement officials, the child's parent/guardian, and the person filing the report, and shall document in writing the action taken. 

Within fifteen (15) calendar days of receipt of the report, the investigator shall complete a written investigative report which shall include those items required by Chapter 102.9 of the Iowa Code. If the report is founded by a preponderance of the evidence, the investigator shall promptly notify law enforcement in case of sexual abuse allegations.  The investigator may notify law enforcement authorities in serious cases of physical abuse.  In addition, the investigator shall (1) file a copy of the report with the District employee's supervisor, (2) file a complaint with the Board of Educational Examiners in cases involving a licensed District employee, and (3) document all actions taken. 

Any record created by an investigation shall be handled subject to formally adopted or bargained policies on the maintenance of personnel records.

Approved 3-28-16

420 EMPLOYEE HEALTH AND SAFETY

It is the policy of this District to ensure, so far as possible, that every employee has a safe and healthful place in which to work.  It is also the policy of this District to help each employee recognize his/her responsibilities for safe employment, and require that he/she adhere to those responsibilities.

Physical Examinations

Employees will be required to submit to a pre-employment physical examination,  after an offer of employment has been made and within 6 weeks of the beginning of service.  The District will provide the standard examination form to be completed by an appropriately licensed health care provider who performs the physical examination.  A written report of the physical examination shall be submitted to the District.  

Bus drivers will be examined using all applicable state and federal criteria at the beginning of employment and every two years thereafter.

Fitness-for-duty examinations may be required following an absence from work due to illness, if there is a reasonable belief that the employee is unable to perform the essential functions of the job, or if there is a reasonable belief that the employee poses a direct threat to the employee or others because of a health condition.  A direct threat occurs when an individual poses a significant risk of substantial harm to him/herself or others, and the risk cannot be reduced below the direct threat level through reasonable accommodations.

All information regarding the medical condition or history of an employee must be kept in files separate from the employee’s personnel records and treated as a confidential medical record subject to state and federal confidentiality laws.

The cost of an initial physical examination is set through negotiations and the certified bargaining unit for certified staff.  Classified staff will be reimbursed at a rate set by the Board.

Communicable Diseases

The District recognizes that some employees with a communicable disease, as defined by law, may be able to attend to their customary employment duties without creating a risk of transmission of the illness to the students or other employees.  The District also recognizes that there may be a greater risk of transmission of some communicable diseases for some employees with certain conditions than for other employees infected with the same disease.

Employees with a communicable disease will be allowed to perform their customary duties, provided they are able to perform the essential functions of their position and their presence does not pose a direct threat.  A direct threat occurs when an individual poses a significant risk of substantial harm to him/herself or others, and the risk cannot be reduced below the direct threat level through reasonable accommodations.

An employee who is at work and who has a communicable disease that poses a direct threat, as defined above, shall report the condition to the superintendent any time the employee is aware that the employee’s condition poses a direct threat.  Any individual who has information that a District employee may have a communicable disease is encouraged to report the information to the superintendent.

The superintendent shall determine on a case-by-case basis whether the presence of an employee with a communicable disease in the District environment constitutes a direct threat.  In making this determination, the superintendent shall consider credible, objective evidence.  If the superintendent, after reviewing the credible, objective evidence, determines the employee’s presence may constitute a direct threat, the superintendent may request additional medical information from the employee’s physician (with the employee’s consent), a physician chosen by the District or public health officials, to confirm the superintendent’s determination.

All information regarding the medical condition or history of an employee must be kept in files separate from the employee’s personnel records and treated as a confidential medical record subject to state and federal law.

It is 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.

 

Approved 3-28-16

421 UNIVERSAL PRECAUTION

Universal precautions (“UPs”) 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.  UPs 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 should 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 should 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 should respond to situations practicing UPs 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 should 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 should be washed before physical contact with individuals and after contact is completed.
  • Hands should be washed after contact with any used equipment.
  • If hands (or other skin) come into contact with blood or body fluids, hands should be washed immediately before touching anything else.
  • Hands should 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 should be worn when in contact with blood, OPIM or OBFW. Gloves should be removed without touching the outside and disposed of after each use.

Disposal of Waste

Blood, OPIMs, OBFWs, used gloves, barriers and absorbent materials should 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, 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 should be placed in special puncture proof containers and disposed of as regulated waste.  Bodily wastes such as urine, vomit or feces should be disposed of in the sanitary sewer system.

Clean Up

Spills of blood and OPIM should be cleaned up immediately. The employee should do the following:

  • 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 should be handled as little as possible with a minimum of agitation.  It should be bagged at the location.  If it has the potential of releasing the substance when compacted, regulated waste guidelines should be followed.  Employees who have contact with this laundry should 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.  The employee should do the following:

  • Always wash the exposed area immediately with soap and water;
  •  If a mucous membrane splash (a splash into the 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 should be reported immediately, the parent or guardian should be notified, and the person exposed should contact a physician for further health care.

Approved 3-28-16

422 HAZARDOUS CHEMICAL DISCLOSURE

The District authorizes the development of a comprehensive hazardous chemical communication program for the District to disseminate information about hazardous chemicals in the workplace.

When a new employee is hired or transferred to a new position or worksite, information and training, if necessary, shall be included in the employee’s orientation.  Each employee shall annually review information about hazardous substances in the workplace.  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 when such hazardous substances are present in the workplace and 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.

 

Approved 3-28-16

423 DRUG-FREE WORKPLACE

No employee engaged in work for the District shall unlawfully manufacture, distribute, dispense, possess or use on or in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcohol or any other controlled substance as defined by federal or state law.  “Workplace” is defined as the site for the performance of work done in the capacity as a District employee.  This includes a school building or school premises; a school-owned vehicle or a school-approved vehicle used to transport students to and from school or school activities; and off school property during a school sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the District.

Employees shall notify their supervisor of the employee's conviction under any criminal drug status for a violation occurring in the workplace as defined above, no later than five (5) days after such conviction.

Employees shall abide by the terms of this policy respecting a drug-free workplace. Failure to abide by this policy may lead to discipline, including termination from employment with the District.   An employee who violates the terms of this policy may be required to participate in a drug abuse assistance or rehabilitation program approved by the Board.  If the employee fails to successfully participate in such a program, the employee may be subject to discipline, including termination.  Furthermore, the District may choose not to require participation in a drug abuse assistance or rehabilitation program and move directly to discipline, including termination.

The district office shall be responsible for publication and dissemination of this policy to each employee.

 

Approved 3-28-16

424 TOBACCO AND NICOTINE PRODUCTS-FREE ENVIRONMENT

The use of tobacco and nicotine products; including, but not limited to, cigarettes, nicotine chew, snus, dissolvables, electronic cigarettes, any electronic or other devices that can be used to deliver nicotine to the person inhaling from the device, any other look-alike products in which the original product would include tobacco and/or nicotine and/or other nicotine products that are not approved by the Federal Drug Administration for tobacco cessation; on district property; including in district buildings, on district grounds, in district transportation vehicles, or at any district activity; is prohibited.

 

This policy extends to all students, employees, volunteers and visitors. This policy applies at all times, including during school-sponsored events and during non-school-sponsored events.

 

Persons violating this policy shall be asked to cease using the tobacco and/or nicotine product, properly dispose of the tobacco and/or nicotine product and refrain from using tobacco and/or nicotine products in the future. Persons failing to abide by this request shall be required to leave the district premises immediately.

 

It shall be the responsibility of all district personnel, and specifically district administrators, to enforce this policy.

Approved 3-28-16

425 DRUG AND ALCOHOL TESTING OF EMPLOYEES OPERATING DISTRICT VEHICLES

These procedures support the Alcohol and Drug Testing policy required for employees operating school vehicles, and establish and explain the requirements of the District's Alcohol and Drug Testing policy required for employees operating school vehicles.  Note the definition of terms is included at the end of this policy.

  1. Questions regarding the policy, its supporting procedures or the alcohol and drug testing program may be directed to the District contact person, the assistant-to-the-superintendent, with the superintendent serving as an alternate.
  2. Covered Drivers
    1. To be covered under this Alcohol and Drug Testing Policy, a driver must:
      1. Drive a vehicle transporting sixteen (16) or more persons, including the driver, or drive a vehicle weighing over twenty-six thousand pounds; and
      2. Require a commercial driver's license to hold the driver position.
    2. Covered drivers include, but are not limited to, the following:
      1. Full-time, regularly employed drivers;
      2. Applicants seeking a position as a driver;
      3. Casual, intermittent or occasional drivers;
      4. 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 the District.
  3. Prohibited Driver Conduct
    1. Drivers shall not report to duty or remain on duty with a 0.04 or greater breath alcohol concentration.
    2. Drivers shall not use alcohol at least eight (8) hours prior to the performance of a safety sensitive function.
    3. Drivers shall not possess alcohol while on duty unless the alcohol is manifested and transported as part of a shipment. This includes possessing prescriptions and over-the-counter medicines containing alcohol, unless the packaging seal is unbroken.
    4. Drivers required to take a post-accident alcohol test shall not use alcohol within eight (8) hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.
    5. Drivers shall not refuse to submit to an alcohol or drug test. A refusal to test is considered a positive test result requiring the driver to undergo evaluation by a substance abuse professional (SAP) and subjecting the driver to discipline up to and including termination.
    6. Drivers shall not report for duty or remain on duty when using any drug except when instructed by a physician who has advised the driver that the drug does not adversely affect the driver's ability to safely operate a school vehicle.
    7. Drivers shall not report for duty when under the influence of drugs, or remain on duty performing a safety sensitive function if the driver has a positive drug test result.
  4. Alcohol Testing Procedures
    1. An employee driver's breath is tested for alcohol.
    2. Evidentiary breath testing devices (EBTs) are used to conduct the initial and, if necessary, the confirmation, alcohol tests.
      1. The initial alcohol breath test determines whether the driver's breath alcohol concentration (BAC) is less than 0.02.
        1. An initial alcohol test result of less than 0.02 BAC allows the driver to continue to drive.
        2. An initial alcohol test result of 0.02 BAC or greater requires a confirmation test.
      2. The confirmation alcohol breath test determines whether the driver can continue to drive.
        1. A confirmation alcohol test result of less than 0.02 BAC allows the driver to continue to drive.
        2. A confirmation alcohol test result of 0.02 BAC or more, but less than 0.04 BAC, requires the driver to cease performing a safety sensitive function for 24 hours.
        3. A confirmation alcohol test result of 0.04 BAC or greater requires the driver to be evaluated by a SAP.
    3. Alcohol testing is conducted at collection sites that provide privacy to the driver and contain the necessary equipment, personnel and materials.
      1. Alcohol testing is conducted at a designated non-school District facility unless a mobile unit or a District facility better serves the situation.
      2. In the event privacy cannot be assured, privacy will be provided to the extent practical.
    4. Initial Alcohol Testing Steps
      1. Once the driver is informed of the need to submit to an alcohol test, the driver must proceed immediately to the collection site.  Collection site personnel must immediately contact the assistant-to-the-superintendent, with the superintendent serving as an alternate, if a driver does not arrive at the specified time.
      2. Upon arrival, the driver must provide photo identification.
      3. The testing procedure is explained to the driver by the collection site person.
      4. The breath alcohol technician (BAT) or the screening test technician (SIT) 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 initial alcohol test is considered a refusal to test.
        2. The District is notified immediately of the driver's refusal to sign.
    5. Evidentiary Breath Device Procedures
      1. The driver forcefully blows into the mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.
      2. 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; and
        3. A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.
      3. The results of the screening alcohol test are shared with the driver.
    6. Saliva Alcohol Testing Device Procedures
      1. The driver and the collection site person review the expiration date of the saliva alcohol testing device, and if the date is valid, the packaging is opened.
      2. The driver or collection site person places the swab in the driver's mouth until the swab is completely saturated.  If the alcohol test is started again, only the collection site person 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:
        1. The District is informed; and
        2. The driver must submit to a breath alcohol test immediately.
    7. The saliva testing device results are read two (2) minutes, and no later than fifteen (15) minutes, after the saliva testing device was activated.
    8. The results are shared with the driver.
  5. Confirmation Alcohol Testing Procedures
    1. The confirmation test is done between fifteen (15) and twenty (20) minutes of the initial test whether or not the driver followed the requirements to not eat, drink, put any object or substance in their mouth and, to the extent possible, not to belch during the fifteen minute waiting period.  Not belching will help avoid accumulation of mouth alcohol leading to an artificially high reading.
    2. If a different collection site or a different collection site person is used for the confirmation alcohol test, the driver must provide photo identification.
    3. The testing procedure is explained to the driver by the collection site person.
    4. 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 District is notified immediately of the refusal to sign.
    5. The driver forcefully blows into the EBT mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.
    6. The confirmation test results, which are the final and official test result, are shared with the driver.
    7. The driver and BAT must sign the alcohol testing form following completion of the test. Failure to sign the form after the test is not considered a refusal to test. However, BAT notes the driver's refusal to sign in the remarks section of the form.
    8. The BAT informs the assistant-to-the-superintendent, with the superintendent serving as an alternate, of the results of the test in a confidential manner.
      1. The BAT notifies the assistant-to-the-superintendent, with the superintendent serving as an alternate immediately, either in writing, in person, by telephone, or by electronic means of confirmation alcohol test results of 0.02 BAC or more.
      2. If the BAT informs the assistant-to-the-superintendent. with the superintendent serving as all alternate, by telephone, the District verifies that the BAT is the person on the telephone.
      3. The BAT provides the assistant-to-the-superintendent, with the superintendent serving as an alternate, with a copy of the breath alcohol testing form if written communication was not used to report the test results.
    9. Potentially incomplete tests or invalid alcohol tests are repeated with corrected procedures.
  6. Drug Testing Procedures
    1. Driver's urine is tested for marijuana, cocaine, opiates, amphetamines and phencyclidine.
    2. A split sample urine test is used to conduct the drug test.
      1. A negative drug test result allows the driver to continue to perform a safety sensitive function.
      2. A positive drug test result on the primary sample requires the driver to be removed from performing a safety sensitive function.
      3. A positive drug test result on the primary sample allows the driver an opportunity to request the split sample be tested by another laboratory at the driver's expense 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.
      4. A driver's refusal to test is considered a positive drug test result.
      5. A positive drug test result requires the driver to be evaluated by a SAP.
  7. Drivers taking medication at a doctor's direction may perform a safety sensitive function if the doctor determines there is not an adverse affect on performing a safety sensitive function and the District is informed in writing of the medication and doctor's opinion.
  8. Drug testing is conducted to provide privacy to the driver and where the necessary equipment, personnel and materials are located.
    1. Drug testing is conducted at a designated non-school District facility.
    2. In the event privacy cannot be assured, privacy is provided to the extent possible.  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 gravity and creatinine concentration criteria;
      4. The collection site person observes conduct to substitute or adulterate the specimen; and/or
      5. The driver has previously been determined to have used a drug without medical authorization and the particular test is for follow-up testing upon or after return to duty.
    3. Direct observation must be approved in advance by the supervisor of the collection site.  Non-medical personnel performing direct observation must be of the same gender as the driver.
  9. Drug Testing Steps
    1. Once the driver is required to submit to a drug test, the driver must proceed immediately to the collection site.  The collection site person contacts the assistant-to­-the-superintendent, with the superintendent serving as an alternate, immediately when a driver does not arrive at the specified time.
    2. Upon arrival, the driver must provide photo identification. The driver may require the collection site person to provide proof of identification.
    3. The driver may keep their wallet, but must remove any unnecessary outer garments, purses, briefcases, and similar items at the request of the collection site person.
    4. Immediately prior to providing a urine sample, the driver must wash their hands.
    5. The driver must then provide forty-five (45) 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 repeating the test.
      2. The drug test is stopped when the driver fails twice to provide an adequate amount of urine.
      3. A physician analyzes the driver's inability to provide adequate urine.
      4. 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.
    6. The specimen must be kept in view of the driver and the collection site person.
    7. Upon receipt of the specimen, the collection site person must immediately, and in no event later than four (4) minutes from the time of urination, measure the temperature of the specimen.
    8. The driver may volunteer to have their oral temperature taken to provide evidence against alteration or substitution if there is some question about the temperature of the specimen.
    9. The collection site person also inspects the specimen for color and other signs of contaminant and notes any unusual findings.
    10. Another specimen is required as soon as possible under direct observation if adulteration or substitution is suspected by the collection site person.
    11. The specimen is divided into the primary and split specimen, sealed and labeled.  The label is initialed by the driver.
    12. The driver is required to read and sign the statement on the chain of custody form certifying the specimens are the driver's.
    13. 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.
    14. The collection site person completes the chain of custody form and the driver signs the form indicating the collection is complete.
    15. The specimens are packaged for shipping to the laboratory and shipped immediately or placed in secure storage until they can be shipped.
  10. Laboratory
    1. The laboratory used by the District's alcohol and drug testing program is certified by the Substance Abuse and Mental Health Services Administration (SAHSA), a division of the U.S. Department of Health and Human Services (DHHS).  Laboratories certified by SAMHSA meet the testing procedures, personnel and record keeping requirements of the law.
    2. Upon arrival of the specimen at the laboratory, the split specimen is stored and the primary specimen is tested.
      1. A positive test result on the initial test of the primary specimen requires a confirmation test, which is a different and more accurate type of test.
      2. The split specimen is discarded if the primary specimen has a negative test result.
  11. Medical Review Officer (MRO) reviews drug test results.
    1. The MRO may release drug testing records of a driver to unauthorized individuals only with the written consent of the driver.
    2. The MRO keeps a record of the negative test result and reports the negative test result to the District.
    3. The primary role of the MRO is to review and interpret positive test results to determine whether a legitimate explanation exists for the positive test result.
      1. After reviewing the chain of custody form and laboratory test results, the MRO contacts the driver to discuss the positive test result with the driver prior to notifying the District and to ask whether the driver requests a test of the split sample at the driver's expense.  The driver's request for a test of the split sample must be made within seventy-two (72) hours of talking with the MRO.
      2. Upon request of the driver, the split specimen is sent to a second SAMHSA certified laboratory for testing at the driver's expense.
      3. The MRO contacts the assistant-to-the-superintendent, with the superintendent serving as an alternate, for assistance if the driver cannot be reached through reasonable efforts.
      4. The assistant-to-the-superintendent, with the superintendent serving as an alternate, must confidentially inform the driver to contact the MRO.
      5. Upon contacting the driver, the assistant-to-the-superintendent, with the superintendent serving as an alternate, must inform the MRO that the driver was contacted.
      6. Upon contacting the driver, the assistant-to-the-superintendent, with the superintendent serving as an alternate, must inform the MRO that the driver was contacted.
      7. Drivers who cannot be contacted are placed on temporary leave without pay.
    4. The MRO may verify a positive test without talking to the driver if:
      1. The driver declines the opportunity to discuss the drug test;
      2. The driver fails to contact the MRO within five (5) days after the assistant-to-the-­superintendent, with the superintendent serving as an alternate, has contacted the driver; or
      3. MRO verification of positive 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 test result and declare the test negative.
    5. The driver is notified of the drugs found in a positive test result by the MRO, the assistant-to-the-superintendent, with the superintendent serving as an alternate, or by certified mail to the driver's last known address.
    6. The District receives a written report of the negative and positive test results from the MRO.
  12. Substance Abuse Professional
    1. A Substance Abuse Professional (SAP) evaluation and following his/her recommendations, is required when a driver:
      1. Has a positive drug test;
      2. Has a positive alcohol test of 0.04 breath alcohol concentration or greater; or
      3. Otherwise violated this policy or its supporting procedures or the law.
    2. The evaluation determines what assistance, if any, the driver needs in resolving problems with alcohol misuse and/or drug use.
    3. A local SAP will provide assistance to the drivers.
  13. Pre-Employment Testing
    1. Drivers shall submit to an alcohol and drug test if a job offer is made. The job offer is contingent upon:
      1. A negative alcohol and drug test result; and
      2. A signed written statement authorizing former employers to release all information on the driver related to alcohol.
    2. Prior to allowing a driver to perform a safety sensitive function, the following information must be obtained about the driver for the preceding two years from the date of the application:
      1. Alcohol test results of 0.04 or greater;
      2. Positive drug test results; and
      3. Refusals to be tested.
  14. Random Testing
    1. Quarterly 1 drivers is selected for random alcohol/drug testing and 3 drivers are selected for random drug tests.
    2. The drivers' identification numbers are selected by a scientific method giving drivers an equal chance to be selected.
    3. Random tests are unannounced and performed throughout the year.
    4. Drivers selected for random alcohol testing are informed of a random alcohol test just before, during or just after performing a safety sensitive function.
    5. Drivers selected for random drug testing are informed as soon as possible after the assistant-to-the-superintendent, with the superintendent serving as an alternate, receives the driver identification numbers.  The District must document why some, if any, drivers were selected, but not informed.
    6. The selected 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.
  15. Reasonable Suspicion Testing
    1. Drivers who exhibit observable specific, contemporaneous, articulable characteristics concerning the appearance, behavior, speech or body odors as well as indications of the chronic and withdrawal effects of drugs may be required to submit to a reasonable suspicion drug test at any time.
    2. Drivers who exhibit specific, observable, contemporaneous, articulable characteristics concerning the appearance, behavior, speech, or body odors of the driver if the reasonable suspicion was determined just before, during or just after the time in which the driver must be in compliance with this policy, its supporting procedures or the law may be required to submit to a reasonable suspicion alcohol test just before, during, or just after performing a safety sensitive function.
      1. A reasonable suspicion alcohol test is performed within two (2) hours and no later than eight (8) hours after determining reasonable suspicion.  To meet the two-hour requirement, the assistant-to-the-superintendent, with the superintendent serving as an alternate, or his/her designee (not a CDL holder) will transport the employee to the collection site.
      2. If the alcohol test is not given within two (2) hours, the reasons for the delay must be documented.
      3. If the alcohol test is not given within eight (8) 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 has received the training to determine reasonable suspicion.  The reasons for the reasonable suspicion must be documented within twenty-four (24) 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.  The transportation director and assistant-to-the-superintendent have received the required Reasonable Suspicion Training.
  16. Post-Accident Testing
    1. Drivers are subject to both post-accident alcohol and drug tests as soon as possible after an accident in which either of the following occurred:
      1. A fatality occurred; or
      2. The driver received a citation and the following occurred:
        1. Bodily injury to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident; or
        2. A vehicle was towed from the scene irrespective of the value of the damage to the vehicle.
    2. Drivers must remain readily available for post-accident testing.
      1. Drivers who leave the scene or who do not remain readily available are assumed to have refused to test.
      2. Drivers subject to post-accident testing will be taken to the collection site by the assistant-to-the-superintendent, superintendent, or his/her designee (could be the transportation director).
      3. Necessary medical treatment cannot and should not be denied to a driver waiting to complete post-accident alcohol and drug tests.
    3. Alcohol Testing Requirements
      1. Administered within two (2) hours and no later than eight (8) hours of the accident;
      2. Reasons for administering the test later than two (2) hours after the accident must be documented;
      3. Reasons for not administering the test within eight (8) hours of the accident must be documented; and
      4. Drivers are prohibited from consuming alcohol for eight (8) hours after the accident or until the alcohol test is completed.
    4. Drug Testing Requirements
      1. Administered as soon as possible and not later than thirty-two (32) hours after the accident; and
      2. 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 District must receive a copy of the results to use them.
  17. Return-to-Duty/Follow-Up Testing
    1. Prior to returning to duty after a positive test or otherwise violating this policy, the following must occur:
      1. The driver must be re-evaluated by a SAP to determine that the driver has properly followed any treatment program prescribed in the original evaluation by the SAP;
      2. The driver must submit to the tests required by the SAP.  The SAP may require a return-to-duty test for drugs, alcohol or both; and
      3. The return-to-duty test must be a negative drug test result and/or an alcohol test result of less than 0.02 BAC before the driver can return to duty and perform a safety sensitive function.
    2. For individuals changing jobs after a positive drug or alcohol tests, a pre-employment test can serve as a return-to-duty test if one is needed based on information from a prior employer.
    3. After returning to duty, the driver is subject to six (6) unannounced follow-up tests within twelve (12) months for alcohol, drugs or both, if the SAP determines both are necessary.
      1. The SAP can terminate the follow-up testing requirement after the first six (6) tests have been completed or continue the follow-up testing for up to sixty (60) months from the date of the driver's return to duty.
      2. Alcohol follow-up testing is done just before, during or just after performing a safety sensitive function.
  18. District’s Responsibilities
    1. Information on the alcohol and drug testing requirements of this policy, its supporting procedures and the law, including the driver's obligations, must be provided to drivers.  A summary of the requirements must be included in the employee handbook.
    2. Supervisors of drivers or personnel designated to determine reasonable suspicion shall receive sixty (60) minutes of training on alcohol misuse and sixty (60) minutes of training on drug use.  The training must address the physical, behavioral, speech, and performance indicators of probable alcohol misuse and drug use.
    3. Prior to operating a school vehicle, drivers must be provided with instructions enabling them to comply with alcohol and drug testing requirements.
    4. School districts with actual knowledge of a driver's drug use cannot allow the driver to report to or perform a safety sensitive function regardless of whether or not a drug test was conducted.
    5. School districts with actual knowledge of a driver with a breath alcohol concentration of 0.02 BAC or greater cannot allow the driver to report to or perform a safety sensitive function regardless of whether or not an alcohol test was conducted.
    6. The District is responsible for ensuring that the quality assurance plan, developed by the manufacturer and approved by the National Highway Traffic Safety Administration (NHTSA) for the evidentiary breath testing device used for alcohol testing of its drivers describes the inspection, maintenance and calibration requirements and intervals for it.
    7. The District is responsible for ensuring that the collection site person using an evidentiary breath testing device is a certified BAT.
  19. Consequences of Violating this Policy, the Supporting Procedures or the Law
    1. The assistant-to-the-superintendent may discipline drivers who violate this policy, the supporting procedures or the law relating to alcohol and drug testing.  Each incident is dealt with based on the circumstances surrounding the incident.  The following consequences may result from a violation:
    2. Drivers may be disciplined up to and including termination;
    3. Drivers may not be permitted to perform safety sensitive functions;
    4. 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;
    5. Drivers may be required to be evaluated by a SAP who shall determine what assistance, if any, the driver needs in resolving problems associated with the misuse of alcohol or use of drugs and be required to follow any treatment program;
    6. Prior to returning to duty, the driver is required to have a negative drug and/or alcohol test result and be subject to the follow-up drug and/or drug testing determined necessary based on the circumstances surrounding the incident;
    7. Drivers refusing to submit to drug and/or alcohol testing are considered insubordinate and are subject to discipline up to and including termination; and/or
    8. Applicants for the position of driver who refuse to submit to or cooperate with the drug and/or alcohol testing processes and requirements shall be disqualified from further consideration.
    9. Nothing in this policy, the procedures or the law relating to alcohol and drug testing limits or restricts the right of the superintendent to discipline a driver, up to and including termination, for conduct which violates the District's policies and procedures.
  20. Alcohol and Drug Testing Records
    1. Alcohol and drug testing records are stored in limited access locations separate and apart from the driver's general personnel documents.
    2. The records may only be released with the written consent of the driver.  Only those records specifically authorized for release may be released. However, the following exceptions apply:
      1. Records may be released to appropriate government agencies without written consent; and
      2. Records may be released to appropriate District employees without written consent.
      3. The District may, without written consent, make a driver's drug and alcohol test records available to a decision maker in a lawsuit, grievance, or other proceedings initiated by or on behalf of the individual, and arising from the results of an alcohol or drug test under this policy, the supporting procedures or the law or from the District's determination that the driver violated this policy, the supporting regulation, or the law.
    3. Drivers are entitled to make a written request to have prompt access to and copies of their alcohol and drug test records without requiring payment of amounts owed for the copying of records other than alcohol and drug testing records.  The District may charge for copying these records in accordance with Board policy.
    4. The District must maintain the following records of its drug and alcohol misuse prevention and testing programs for the following time periods:
      1. One year:
        1. Records of negative and canceled drug test results and alcohol test results of less than 0.02 BAC;
        2. Records related to the collection process;
        3. Records related to a driver's test results;
        4. Records related to other violations of the law;
        5. Records related to evaluations;
        6. Records related to education and training; and
        7. Records related to drug testing.
      2. Two years:
        1. Records related to the alcohol and drug collection process, except calibration of evidential breath testing devices, and training.
      3. Five years:
        1. Alcohol test results of 0.02 BAC and greater;
        2. Verified positive drug test results;
        3. Documentation of refusal to take required alcohol and/or drug tests;
        4. EBT calibration documentation;
        5. Driver evaluation and referrals; and
        6. Annual calendar year summary.
  21. Pay for Time Spent Testing.
    1. For random testing, the time spent traveling to the collection site, the time spent at the collection site, and the time spent traveling back to the bus yard after the completion of the testing will be paid;
    2. For reasonable suspicion testing, time will be paid pursuant to (1) above;
    3. For post-accident testing, time will be paid pursuant to (1) above;
    4. For pre-employment testing, no time will be paid;
    5. For time spent in follow-up testing required by the SAP, no time will be paid; and
    6. Drivers will be paid for time spent testing at their regular pay rate.
  22. Leave
    1. If the employee comes forward and admits to a drug and/or alcohol problem and receives help from and follows the requirements of the SAP, the employee is granted "unpaid leave" under the Family and Medical Leave Act and Board policy.  The employee will not be penalized for exercising this option.  If no immediate [within five (5) working days] help is obtained from a SAP, the employee is subject to termination.
    2. If the employee tests positive under the provisions of this policy, he/she cannot perform a safety sensitive function and goes on paid sick leave, subject to the following conditions:
      1. The employee immediately [within five (5) working days] enrolls in the program provided by the SAP;
      2. Paid days are limited to what the employee has accumulated in sick leave; and
      3. When sick leave is exhausted, the employee goes on unpaid leave, subject to the SAP's verification that he/she can return to work.
  23. Payment for Services
    1. The District pays for all testing services.
    2. The District pays for the initial services, not covered by insurance, of the SAP.  This applies if the employee comes forward or tests positive.  The District also pays for treatment not covered by insurance.  The treatment program will be decided upon by the District subject to consultation with the SAP and employee.
    3. The employee who makes a request for another lab to test the split sample (usually when the initial drug test is positive) will pay for the test of the split sample.
  24. The above payments and leave allowances apply to those who come forward as well as first time offenders.  Any driver who becomes a second time offender under this policy, will be subject to immediate termination.
  25. Definitions

Accident - an occurrence involving a school vehicle operating on a public road which results in: (a) a fatality, (b) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident or (c) one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle.

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 evidential breath test under the law.

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

BAC - breath alcohol concentration.

Breath Alcohol Technician (BAT) - an individual who instructs and assists individuals in the alcohol testing process and operates an EBT.

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. A canceled test is neither a positive nor a negative test. In alcohol testing, it is a test that is deemed to be invalid under the law. It is neither a positive nor a negative test.

Chain of Custody: - procedures to account for the integrity of each urine or blood 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 account(s) for the sample or samples 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 an initial test with a result of 0.02 BAC or greater, that provides quantitative data of alcohol concentration. For drug testing, it is a second analytical procedure (GC/MS) to identify the presence of a specific drug of metabolite that is independent of the initial test and which uses a different technique and chemical principal 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: full­time, 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 District or who operate a school vehicle at the direction of or with the consent of the District. For the purposes of pre-employment/pre-duty testing only, the term "driver" includes applicants for driver 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.

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 an individual's confirmed positive test result together with the individual's medical history and any other relevant bio-medical information.

Non-suspicion-based post-accident testing - testing a driver after a reportable accident if the driver receives a citation for a moving traffic violation arising from the accident and 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 sensitive functions.

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

Refuse to submit (to an alcohol or drug test) - when a driver (1) fails to provide adequate breath for alcohol testing without a valid medical explanation after he/she has received notice of the requirement for breath testing in accordance with the provisions of this part, (2) fails to provide adequate urine for drug testing without a valid medical explanation after he/she has received notice of the requirement for urine testing in accordance with the provisions of this part, or (3) engages in conduct that clearly obstructs the testing process.

Safety Sensitive Function (SSF) - the period of time commencing 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.

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

Screening Test Technician (STT) - an individual who instructs and assists drivers in the initial alcohol testing process and operates a non-evidentiary breath testing or saliva testing device.

Split Specimen -- the division of the urine specimen into thirty milliliters in a specimen bottle (the primary sample) and into at least fifteen milliliters in a 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 Iowa Board of Substance Abuse Certification) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.

 

Approved 3-28-16

425.1 DRUG AND ALCOHOL TESTING REGULATIONS

These procedures support the Alcohol and Drug Testing policy required for employees operating school vehicles, and establish and explain the requirements of the District's Alcohol and Drug Testing policy required for employees operating school vehicles.  Note the definition of terms is included at the end of this policy.

A. Questions regarding the policy, its supporting procedures or the alcohol and drug testing program may be directed to the District contact person, the assistant-to-the-superintendent, with the superintendent serving as an alternate.

B. Covered Drivers

1.  To be covered under this Alcohol and Drug Testing Policy, a driver must:

- Drive a vehicle transporting sixteen (16) or more persons, including the driver, or drive a vehicle weighing over twenty-six thousand pounds; and

- Require a commercial driver's license to hold the driver position.

 2.  Covered drivers include, but are not limited to, the following:

- Full-time, regularly employed drivers;

- Applicants seeking a position as a driver;

- Casual, intermittent or occasional drivers;

- 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 the District.

C. Prohibited Driver Conduct

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

2.  Drivers shall not use alcohol at least eight (8) hours prior to the performance of a safety sensitive function.

3.  Drivers shall not possess alcohol while on duty unless the alcohol is manifested and transported as part of a shipment. This includes possessing prescriptions and over-the-counter medicines containing alcohol, unless the packaging seal is unbroken.

4.  Drivers required to take a post-accident alcohol test shall not use alcohol within eight (8) hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.

5.  Drivers shall not refuse to submit to an alcohol or drug test. A refusal to test is considered a positive test result requiring the driver to undergo evaluation by a substance abuse professional (SAP) and subjecting the driver to discipline up to and including termination.

6.  Drivers shall not report for duty or remain on duty when using any drug except when instructed by a physician who has advised the driver that the drug does not adversely affect the driver's ability to safely operate a school vehicle.

7.  Drivers shall not report for duty when under the influence of drugs, or remain on duty performing a safety sensitive function if the driver has a positive drug test result.

D. Alcohol Testing Procedures

1.  An employee driver's breath is tested for alcohol.

2.  Evidentiary breath testing devices (EBTs) are used to conduct the initial and, if necessary, the confirmation, alcohol tests.

-  The initial alcohol breath test determines whether the driver's breath alcohol concentration (BAC) is less than 0.02.

An initial alcohol test result of less than 0.02 BAC allows the driver to continue to drive.

An initial alcohol test result of 0.02 BAC or greater requires a confirmation test.

-  The confirmation alcohol breath test determines whether the driver can continue to drive.

A confirmation alcohol test result of less than 0.02 BAC allows the driver to continue to drive.

A confirmation alcohol test result of 0.02 BAC or more, but less than 0.04 BAC, requires the driver to cease performing a safety sensitive function for 24 hours.

A confirmation alcohol test result of 0.04 BAC or greater requires the driver to be evaluated by a SAP.

  1. Alcohol testing is conducted at collection sites that provide privacy to the driver and contain the necessary equipment, personnel and materials.
    1.  Alcohol testing is conducted at a designated non-school District facility unless a mobile unit or a District facility better serves the situation.
    2. In the event privacy cannot be assured, privacy will be provided to the extent practical.
  2.  Initial Alcohol Testing Steps
    1. Once the driver is informed of the need to submit to an alcohol test, the driver must proceed immediately to the collection site.  Collection site personnel must immediately contact the assistant-to-the-superintendent, with the superintendent serving as an alternate, if a driver does not arrive at the specified time.
    2. Upon arrival, the driver must provide photo identification.
    3. The testing procedure is explained to the driver by the collection site person.
    4. The breath alcohol technician (BAT) or the screening test technician (SIT) 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 initial alcohol test is considered a refusal to test.
      2. The District is notified immediately of the driver's refusal to sign.
  3. Evidentiary Breath Device Procedures
    1. The driver forcefully blows into the mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.
    2. 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; and
      3. A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.
    3. The results of the screening alcohol test are shared with the driver.
  4. Saliva Alcohol Testing Device Procedures
    1. The driver and the collection site person review the expiration date of the saliva alcohol testing device, and if the date is valid, the packaging is opened.
    2. The driver or collection site person places the swab in the driver's mouth until the swab is completely saturated.  If the alcohol test is started again, only the collection site person 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:
      1. The District is informed; and
      2. The driver must submit to a breath alcohol test immediately.
    5. The saliva testing device results are read two (2) minutes, and no later than fifteen (15) minutes, after the saliva testing device was activated.
    6. The results are shared with the driver.
  5. Confirmation Alcohol Testing Procedures
    1. The confirmation test is done between fifteen (15) and twenty (20) minutes of the initial test whether or not the driver followed the requirements to not eat, drink, put any object or substance in their mouth and, to the extent possible, not to belch during the fifteen minute waiting period.  Not belching will help avoid accumulation of mouth alcohol leading to an artificially high reading.
    2. If a different collection site or a different collection site person is used for the confirmation alcohol test, the driver must provide photo identification.
    3. The testing procedure is explained to the driver by the collection site person.
    4. 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 District is notified immediately of the refusal to sign.
    5. The driver forcefully blows into the EBT mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.
    6. The confirmation test results, which are the final and official test result, are shared with the driver.
    7. The driver and BAT must sign the alcohol testing form following completion of the test. Failure to sign the form after the test is not considered a refusal to test. However, BAT notes the driver's refusal to sign in the remarks section of the form.
    8. The BAT informs the assistant-to-the-superintendent, with the superintendent serving as an alternate, of the results of the test in a confidential manner.
      1. The BAT notifies the assistant-to-the-superintendent, with the superintendent serving as an alternate immediately, either in writing, in person, by telephone, or by electronic means of confirmation alcohol test results of 0.02 BAC or more.
      2. If the BAT informs the assistant-to-the-superintendent. with the superintendent serving as all alternate, by telephone, the District verifies that the BAT is the person on the telephone.
      3. The BAT provides the assistant-to-the-superintendent, with the superintendent serving as an alternate, with a copy of the breath alcohol testing form if written communication was not used to report the test results.
    9. Potentially incomplete tests or invalid alcohol tests are repeated with corrected procedures.

E. Drug Testing Procedures

  1. Driver's urine is tested for marijuana, cocaine, opiates, amphetamines and phencyclidine.
  2. A split sample urine test is used to conduct the drug test.
    1. A negative drug test result allows the driver to continue to perform a safety sensitive function.
    2.  A positive drug test result on the primary sample requires the driver to be removed from performing a safety sensitive function.
    3. A positive drug test result on the primary sample allows the driver an opportunity to request the split sample be tested by another laboratory at the driver's expense 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.
    4. A driver's refusal to test is considered a positive drug test result.
    5. A positive drug test result requires the driver to be evaluated by a SAP.
  3. Drivers taking medication at a doctor's direction may perform a safety sensitive function if the doctor determines there is not an adverse affect on performing a safety sensitive function and the District is informed in writing of the medication and doctor's opinion.
  4. Drug testing is conducted to provide privacy to the driver and where the necessary equipment, personnel and materials are located.
    1. Drug testing is conducted at a designated non-school District facility.
    2.  In the event privacy cannot be assured, privacy is provided to the extent possible.  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 gravity and creatinine concentration criteria;
      4. The collection site person observes conduct to substitute or adulterate the specimen; and/or
      5. The driver has previously been determined to have used a drug without medical authorization and the particular test is for follow-up testing upon or after return to duty.
    3.  Direct observation must be approved in advance by the supervisor of the collection site.  Non-medical personnel performing direct observation must be of the same gender as the driver.
  5. Drug Testing Steps
    1. Once the driver is required to submit to a drug test, the driver must proceed immediately to the collection site.  The collection site person contacts the assistant-to­-the-superintendent, with the superintendent serving as an alternate, immediately when a driver does not arrive at the specified time.
    2. Upon arrival, the driver must provide photo identification. The driver may require the collection site person to provide proof of identification.
    3. The driver may keep their wallet, but must remove any unnecessary outer garments, purses, briefcases, and similar items at the request of the collection site person.
    4. Immediately prior to providing a urine sample, the driver must wash their hands.
    5. The driver must then provide forty-five (45) 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 repeating the test.
      2. The drug test is stopped when the driver fails twice to provide an adequate amount of urine.
      3. A physician analyzes the driver's inability to provide adequate urine.
      4. 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.
    6. The specimen must be kept in view of the driver and the collection site person.
    7. Upon receipt of the specimen, the collection site person must immediately, and in no event later than four (4) minutes from the time of urination, measure the temperature of the specimen.
    8. The driver may volunteer to have their oral temperature taken to provide evidence against alteration or substitution if there is some question about the temperature of the specimen.
    9. The collection site person also inspects the specimen for color and other signs of contaminant and notes any unusual findings.
    10. Another specimen is required as soon as possible under direct observation if adulteration or substitution is suspected by the collection site person.
    11. The specimen is divided into the primary and split specimen, sealed and labeled.  The label is initialed by the driver.
    12. The driver is required to read and sign the statement on the chain of custody form certifying the specimens are the driver's.
    13. 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.
    14. The collection site person completes the chain of custody form and the driver signs the form indicating the collection is complete.
    15. The specimens are packaged for shipping to the laboratory and shipped immediately or placed in secure storage until they can be shipped.
  6. Laboratory
    1. The laboratory used by the District's alcohol and drug testing program is certified by the Substance Abuse and Mental Health Services Administration (SAHSA), a division of the U.S. Department of Health and Human Services (DHHS).  Laboratories certified by SAMHSA meet the testing procedures, personnel and record keeping requirements of the law.
    2. Upon arrival of the specimen at the laboratory, the split specimen is stored and the primary specimen is tested.
      1. A positive test result on the initial test of the primary specimen requires a confirmation test, which is a different and more accurate type of test.
      2. The split specimen is discarded if the primary specimen has a negative test result.
  7. Medical Review Officer (MRO) reviews drug test results.
    1. The MRO may release drug testing records of a driver to unauthorized individuals only with the written consent of the driver.
    2. The MRO keeps a record of the negative test result and reports the negative test result to the District.
    3. The primary role of the MRO is to review and interpret positive test results to determine whether a legitimate explanation exists for the positive test result.
      1. After reviewing the chain of custody form and laboratory test results, the MRO contacts the driver to discuss the positive test result with the driver prior to notifying the District and to ask whether the driver requests a test of the split sample at the driver's expense.  The driver's request for a test of the split sample must be made within seventy-two (72) hours of talking with the MRO.
      2. Upon request of the driver, the split specimen is sent to a second SAMHSA certified laboratory for testing at the driver's expense.
      3. The MRO contacts the assistant-to-the-superintendent, with the superintendent serving as an alternate, for assistance if the driver cannot be reached through reasonable efforts.
      4. The assistant-to-the-superintendent, with the superintendent serving as an alternate, must confidentially inform the driver to contact the MRO.
      5. Upon contacting the driver, the assistant-to-the-superintendent, with the superintendent serving as an alternate, must inform the MRO that the driver was contacted.
      6. Upon contacting the driver, the assistant-to-the-superintendent, with the superintendent serving as an alternate, must inform the MRO that the driver was contacted.
      7. Drivers who cannot be contacted are placed on temporary leave without pay.
    4. The MRO may verify a positive test without talking to the driver if:
      1. The driver declines the opportunity to discuss the drug test;
      2. The driver fails to contact the MRO within five (5) days after the assistant-to-the-­superintendent, with the superintendent serving as an alternate, has contacted the driver; or
      3. MRO verification of positive 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 test result and declare the test negative.
    5. The driver is notified of the drugs found in a positive test result by the MRO, the assistant-to-the-superintendent, with the superintendent serving as an alternate, or by certified mail to the driver's last known address.
    6. The District receives a written report of the negative and positive test results from the MRO.

F.  Substance Abuse Professional

  1. A Substance Abuse Professional (SAP) evaluation and following his/her recommendations, is required when a driver:
    1.  Has a positive drug test;
    2. Has a positive alcohol test of 0.04 breath alcohol concentration or greater; or
    3. Otherwise violated this policy or its supporting procedures or the law.
  2. The evaluation determines what assistance, if any, the driver needs in resolving problems with alcohol misuse and/or drug use.
  3. A local SAP will provide assistance to the drivers.

G. Pre-Employment Testing

  1. Drivers shall submit to an alcohol and drug test if a job offer is made. The job offer is contingent upon:
    1. A negative alcohol and drug test result; and
    2. A signed written statement authorizing former employers to release all information on the driver related to alcohol.
  2. Prior to allowing a driver to perform a safety sensitive function, the following information must be obtained about the driver for the preceding two years from the date of the application:
    1. Alcohol test results of 0.04 or greater;
    2. Positive drug test results; and
    3. Refusals to be tested.

H. Random Testing

  1. Quarterly 1 drivers is selected for random alcohol/drug testing and 3 drivers are selected for random drug tests.
  2. The drivers' identification numbers are selected by a scientific method giving drivers an equal chance to be selected.
  3. Random tests are unannounced and performed throughout the year.
  4. Drivers selected for random alcohol testing are informed of a random alcohol test just before, during or just after performing a safety sensitive function.
  5. Drivers selected for random drug testing are informed as soon as possible after the assistant-to-the-superintendent, with the superintendent serving as an alternate, receives the driver identification numbers.  The District must document why some, if any, drivers were selected, but not informed.
  6. The selected 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.

I. Reasonable Suspicion Testing

  1. Drivers who exhibit observable specific, contemporaneous, articulable characteristics concerning the appearance, behavior, speech or body odors as well as indications of the chronic and withdrawal effects of drugs may be required to submit to a reasonable suspicion drug test at any time.
  2. Drivers who exhibit specific, observable, contemporaneous, articulable characteristics concerning the appearance, behavior, speech, or body odors of the driver if the reasonable suspicion was determined just before, during or just after the time in which the driver must be in compliance with this policy, its supporting procedures or the law may be required to submit to a reasonable suspicion alcohol test just before, during, or just after performing a safety sensitive function.
    1. A reasonable suspicion alcohol test is performed within two (2) hours and no later than eight (8) hours after determining reasonable suspicion.  To meet the two-hour requirement, the assistant-to-the-superintendent, with the superintendent serving as an alternate, or his/her designee (not a CDL holder) will transport the employee to the collection site.
    2. If the alcohol test is not given within two (2) hours, the reasons for the delay must be documented.
    3. If the alcohol test is not given within eight (8) 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 has received the training to determine reasonable suspicion.  The reasons for the reasonable suspicion must be documented within twenty-four (24) 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.  The transportation director and assistant-to-the-superintendent have received the required Reasonable Suspicion Training.

 

J. Post-Accident Testing

  1. Drivers are subject to both post-accident alcohol and drug tests as soon as possible after an accident in which either of the following occurred:
    1. A fatality occurred; or
    2. The driver received a citation and the following occurred:
      1. Bodily injury to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident; or
      2. A vehicle was towed from the scene irrespective of the value of the damage to the vehicle.
  2. Drivers must remain readily available for post-accident testing.
    1. Drivers who leave the scene or who do not remain readily available are assumed to have refused to test.
    2. Drivers subject to post-accident testing will be taken to the collection site by the assistant-to-the-superintendent, superintendent, or his/her designee (could be the transportation director).
    3. Necessary medical treatment cannot and should not be denied to a driver waiting to complete post-accident alcohol and drug tests.
  3. Alcohol Testing Requirements
    1. Administered within two (2) hours and no later than eight (8) hours of the accident;
    2. Reasons for administering the test later than two (2) hours after the accident must be documented;
    3. Reasons for not administering the test within eight (8) hours of the accident must be documented; and
    4. Drivers are prohibited from consuming alcohol for eight (8) hours after the accident or until the alcohol test is completed.
  4. Drug Testing Requirements
    1. Administered as soon as possible and not later than thirty-two (32) hours after the accident; and
    2. 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 District must receive a copy of the results to use them.

K. Return-to-Duty/Follow-Up Testing

  1. Prior to returning to duty after a positive test or otherwise violating this policy, the following must occur:
    1. The driver must be re-evaluated by a SAP to determine that the driver has properly followed any treatment program prescribed in the original evaluation by the SAP;
    2. The driver must submit to the tests required by the SAP.  The SAP may require a return-to-duty test for drugs, alcohol or both; and
    3. The return-to-duty test must be a negative drug test result and/or an alcohol test result of less than 0.02 BAC before the driver can return to duty and perform a safety sensitive function.
  2. For individuals changing jobs after a positive drug or alcohol tests, a pre-employment test can serve as a return-to-duty test if one is needed based on information from a prior employer.
  3. After returning to duty, the driver is subject to six (6) unannounced follow-up tests within twelve (12) months for alcohol, drugs or both, if the SAP determines both are necessary.
    1. The SAP can terminate the follow-up testing requirement after the first six (6) tests have been completed or continue the follow-up testing for up to sixty (60) months from the date of the driver's return to duty.
    2. Alcohol follow-up testing is done just before, during or just after performing a safety sensitive function.

L. District’s Responsibilities

  1. Information on the alcohol and drug testing requirements of this policy, its supporting procedures and the law, including the driver's obligations, must be provided to drivers.  A summary of the requirements must be included in the employee handbook.
  2. Supervisors of drivers or personnel designated to determine reasonable suspicion shall receive sixty (60) minutes of training on alcohol misuse and sixty (60) minutes of training on drug use.  The training must address the physical, behavioral, speech, and performance indicators of probable alcohol misuse and drug use.
  3. Prior to operating a school vehicle, drivers must be provided with instructions enabling them to comply with alcohol and drug testing requirements.
  4. School districts with actual knowledge of a driver's drug use cannot allow the driver to report to or perform a safety sensitive function regardless of whether or not a drug test was conducted.
  5. School districts with actual knowledge of a driver with a breath alcohol concentration of 0.02 BAC or greater cannot allow the driver to report to or perform a safety sensitive function regardless of whether or not an alcohol test was conducted.
  6. The District is responsible for ensuring that the quality assurance plan, developed by the manufacturer and approved by the National Highway Traffic Safety Administration (NHTSA) for the evidentiary breath testing device used for alcohol testing of its drivers describes the inspection, maintenance and calibration requirements and intervals for it.
  7. The District is responsible for ensuring that the collection site person using an evidentiary breath testing device is a certified BAT.

M. Consequences of Violating this Policy, the Supporting Procedures or the Law

  1. The assistant-to-the-superintendent may discipline drivers who violate this policy, the supporting procedures or the law relating to alcohol and drug testing.  Each incident is dealt with based on the circumstances surrounding the incident.  The following consequences may result from a violation:
    1. Drivers may be disciplined up to and including termination;
    2. Drivers may not be permitted to perform safety sensitive functions;
    3. 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;
    4. Drivers may be required to be evaluated by a SAP who shall determine what assistance, if any, the driver needs in resolving problems associated with the misuse of alcohol or use of drugs and be required to follow any treatment program;
    5. Prior to returning to duty, the driver is required to have a negative drug and/or alcohol test result and be subject to the follow-up drug and/or drug testing determined necessary based on the circumstances surrounding the incident;
    6. Drivers refusing to submit to drug and/or alcohol testing are considered insubordinate and are subject to discipline up to and including termination; and/or
    7. Applicants for the position of driver who refuse to submit to or cooperate with the drug and/or alcohol testing processes and requirements shall be disqualified from further consideration.
  2. Nothing in this policy, the procedures or the law relating to alcohol and drug testing limits or restricts the right of the superintendent to discipline a driver, up to and including termination, for conduct which violates the District's policies and procedures.

N. Alcohol and Drug Testing Records

  1. Alcohol and drug testing records are stored in limited access locations separate and apart from the driver's general personnel documents.
  2. The records may only be released with the written consent of the driver.  Only those records specifically authorized for release may be released. However, the following exceptions apply:
    1. Records may be released to appropriate government agencies without written consent; and
    2. Records may be released to appropriate District employees without written consent.
    3. The District may, without written consent, make a driver's drug and alcohol test records available to a decision maker in a lawsuit, grievance, or other proceedings initiated by or on behalf of the individual, and arising from the results of an alcohol or drug test under this policy, the supporting procedures or the law or from the District's determination that the driver violated this policy, the supporting regulation, or the law.
  3. Drivers are entitled to make a written request to have prompt access to and copies of their alcohol and drug test records without requiring payment of amounts owed for the copying of records other than alcohol and drug testing records.  The District may charge for copying these records in accordance with Board policy.
  4. The District must maintain the following records of its drug and alcohol misuse prevention and testing programs for the following time periods:
    1. One year:
      1. Records of negative and canceled drug test results and alcohol test results of less than 0.02 BAC;
      2. Records related to the collection process;
      3. Records related to a driver's test results;
      4. Records related to other violations of the law;
      5. Records related to evaluations;
      6. Records related to education and training; and
      7. Records related to drug testing.
    2. Two years:
      1. Records related to the alcohol and drug collection process, except calibration of evidential breath testing devices, and training.
    3. Five years:
      1. Alcohol test results of 0.02 BAC and greater;
      2. Verified positive drug test results;
      3. Documentation of refusal to take required alcohol and/or drug tests;
      4. EBT calibration documentation;
      5. Driver evaluation and referrals; and
      6. Annual calendar year summary.

O.   Pay for Time Spent Testing.

  1. For random testing, the time spent traveling to the collection site, the time spent at the collection site, and the time spent traveling back to the bus yard after the completion of the testing will be paid;
  2. For reasonable suspicion testing, time will be paid pursuant to (1) above;
  3. For post-accident testing, time will be paid pursuant to (1) above;
  4. For pre-employment testing, no time will be paid;
  5. For time spent in follow-up testing required by the SAP, no time will be paid; and
  6. Drivers will be paid for time spent testing at their regular pay rate.

P. Leave

  1. If the employee comes forward and admits to a drug and/or alcohol problem and receives help from and follows the requirements of the SAP, the employee is granted "unpaid leave" under the Family and Medical Leave Act and Board policy.  The employee will not be penalized for exercising this option.  If no immediate [within five (5) working days] help is obtained from a SAP, the employee is subject to termination.
  2. If the employee tests positive under the provisions of this policy, he/she cannot perform a safety sensitive function and goes on paid sick leave, subject to the following conditions:
    1. The employee immediately [within five (5) working days] enrolls in the program provided by the SAP;
    2. Paid days are limited to what the employee has accumulated in sick leave; and
    3. When sick leave is exhausted, the employee goes on unpaid leave, subject to the SAP's verification that he/she can return to work.

Q. Payment for Services

  1. The District pays for all testing services.
  2. The District pays for the initial services, not covered by insurance, of the SAP.  This applies if the employee comes forward or tests positive.  The District also pays for treatment not covered by insurance.  The treatment program will be decided upon by the District subject to consultation with the SAP and employee.
  3. The employee who makes a request for another lab to test the split sample (usually when the initial drug test is positive) will pay for the test of the split sample.

R. The above payments and leave allowances apply to those who come forward as well as first time offenders.  Any driver who becomes a second time offender under this policy, will be subject to immediate termination.

S. Definitions

 

Accident - an occurrence involving a school vehicle operating on a public road which results in: (a) a fatality, (b) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident or (c) one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle.

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 evidential breath test under the law.

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

BAC - breath alcohol concentration.

Breath Alcohol Technician (BAT) - an individual who instructs and assists individuals in the alcohol testing process and operates an EBT.

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. A canceled test is neither a positive nor a negative test. In alcohol testing, it is a test that is deemed to be invalid under the law. It is neither a positive nor a negative test.

Chain of Custody: - procedures to account for the integrity of each urine or blood 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 account(s) for the sample or samples 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 an initial test with a result of 0.02 BAC or greater, that provides quantitative data of alcohol concentration. For drug testing, it is a second analytical procedure (GC/MS) to identify the presence of a specific drug of metabolite that is independent of the initial test and which uses a different technique and chemical principal 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: full­time, 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 District or who operate a school vehicle at the direction of or with the consent of the District. For the purposes of pre-employment/pre-duty testing only, the term "driver" includes applicants for driver 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.

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 an individual's confirmed positive test result together with the individual's medical history and any other relevant bio-medical information.

Non-suspicion-based post-accident testing - testing a driver after a reportable accident if the driver receives a citation for a moving traffic violation arising from the accident and 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 sensitive functions.

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

Refuse to submit (to an alcohol or drug test) - when a driver (1) fails to provide adequate breath for alcohol testing without a valid medical explanation after he/she has received notice of the requirement for breath testing in accordance with the provisions of this part, (2) fails to provide adequate urine for drug testing without a valid medical explanation after he/she has received notice of the requirement for urine testing in accordance with the provisions of this part, or (3) engages in conduct that clearly obstructs the testing process.

Safety Sensitive Function (SSF) - the period of time commencing 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.

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

Screening Test Technician (STT) - an individual who instructs and assists drivers in the initial alcohol testing process and operates a non-evidentiary breath testing or saliva testing device.

Split Specimen -- the division of the urine specimen into thirty milliliters in a specimen bottle (the primary sample) and into at least fifteen milliliters in a 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 Iowa Board of Substance Abuse Certification) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.

 

Approved 3-28-16

426 EMPLOYEE WORKER’S COMPENSATION

Employees shall report as soon as possible to their supervisor any accident or illness claimed to have resulted from work.

A work related injury, illness or death of an employee shall be reported by the employee's immediate supervisor to the business office within twenty-four (24) hours of the time when the supervisor learns the facts giving rise to the potential claim on forms provided by the District.  If at all possible, the affected employee should supply the pertinent information to the business office.

The Board will maintain a worker's compensation insurance program that will provide to the employees of the District adequate coverage for personal injury or death under the worker's compensation laws of the State of Iowa.  The affected employee will be entitled to wage benefits for work days lost as stipulated by the state of Iowa and the insurance program.

 

Approved 3-28-16

427 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 rolling twelve (12) month period measured backward from the date an employee uses any family and medical leave.  Requests for family and medical leave will 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. 

The requirements stated in the Master Contract between employees in the certified collective bargaining unit, if applicable, and the Board and/or District regarding family and medical leave of such employees and the requirements stated in any other contract, collective or individual, between any employees and the Board and/or District regarding family and medical leave of such employees will be followed.  This policy provision, as well as all policy provisions, concerning family and medical leave may be applied differently to classified, non-classified, licensed, non-licensed,

It is the responsibility of the superintendent to develop administrative rules to implement this policy.

 

Approved 3-28-16

428 COMPLIANCE WITH THE CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT

The District is an employer subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA) signed into law on April 7, 1986. The law contains provisions that speak to continuation of group health plans for individuals beyond normal termination dates.

The District will abide by the provisions of this act and all accompanying rules and regulations.

 

Approved 3-28-16

428.1 CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT REGULATIONS

The Consolidated Omnibus Budget Reconciliation Act (COBRA) provides that qualified employees and dependents in the groups listed below who were not previously able to continue on a group health plan may now elect to continue on the group health plan.

Qualified employees and dependents are:

  1. Employees: Termination of employment (including involuntary termination for any reason other than gross misconduct); or a reduction in number of hours worked;
  2. Dependents: Divorce or legal separation; the employee's death; or an active employee's decision to drop out of the plan upon his/her entitlement to Medicare; and/or
  3. Dependent Children: Loss of status as a dependent for any reason (e.g., attainment of maximum age, marriage, etc.).

If an employee becomes ineligible by virtue of (1) above, that employee (and his/her then covered dependents) must be offered continuation for the period beginning on the date coverage would otherwise cease and ending on the earliest of:

  1. the last day of the plan month for which the employee makes timely payment of any required premium;

  2. the date on which the group health plan is ended (and not replaced);

  3. with respect to each employee and dependent, the date that person becomes covered under another group health plan or becomes entitled to Medicare; or

  4. the date eighteen (18) months after the date continuation begins.

If an employee's dependent(s) become eligible by virtue of (2) or (3) above, such dependent(s) must be offered continuation for the period beginning on the date coverage would otherwise cease and ending on the earliest of:

  1. the last day of the plan month for which the dependent(s) makes timely payment of any required premium;
  2. the date on which the group health plan is ended (and not replaced);
  3. with respect to each dependent, the date that person becomes covered under another group health plan or becomes entitled to Medicare; or
  4. the date thirty-six (36) months after the date continuation begins.

The following provision of the law providing for continuation of benefits will also apply:

  1. During the period of continuation, qualified employees/dependents will be treated as if normal plan coverage had not ceased.
  2. The District will give general and specific written notice to employees/ dependents as required.
  3. The employee or dependent will give proper written notice to the District when a dependent qualifies for coverage.
  4. The employee/dependent continuing coverage is responsible for the premium.

COBRA provisions that affect group health plans will be coordinated with Medicare coverage as per existing or modified law.  Previous to COBRA, patients were not charged for medical care provided by the Veterans Administration and Military Hospitals.  Thus, coverage under group health plans was excluded. With the new law, group health plans must reimburse the Federal government for VA/Military Hospital care. Such reimbursement will be made only to the extent permitted by the plan.

Approved 3-28-16