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
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
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
B. Responsibility for Implementing the Affirmative Action Plan and Program
C. Recruiting
D. Training
E. Hiring, Placement, Transfer, Lay-Off and Recall
F. Compensation
Approved 3-28-16 updated/approved 2-19-18
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
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
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:
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
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
Maintenance of Employee Records
Employee personnel records may contain, but are not limited to, the following information:
Employee health and medical records, which are kept separate from employee personnel records, may contain, but are not limited to, the following information:
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:
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:
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
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:
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:
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
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
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:
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:
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:
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
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
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:
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
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
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
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
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)
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
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
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:
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:
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
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
Pursuant to Chapter 102 of the School Rules of Iowa, abuse may fall into either of the two following categories.
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
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
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.
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:
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:
Approved 3-28-16
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
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
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
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.
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
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.
E. Drug Testing Procedures
F. Substance Abuse Professional
G. Pre-Employment Testing
H. Random Testing
I. Reasonable Suspicion Testing
J. Post-Accident Testing
K. Return-to-Duty/Follow-Up Testing
L. District’s Responsibilities
M. Consequences of Violating this Policy, the Supporting Procedures or the Law
N. Alcohol and Drug Testing Records
O. Pay for Time Spent Testing.
P. Leave
Q. Payment for Services
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
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
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
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
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:
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:
the last day of the plan month for which the employee makes timely payment of any required premium;
the date on which the group health plan is ended (and not replaced);
with respect to each employee and dependent, the date that person becomes covered under another group health plan or becomes entitled to Medicare; or
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:
The following provision of the law providing for continuation of benefits will also apply:
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