SHORT TERM ADMINISTRATIVE LEAVE OF PERSONNEL FOR DISCIPLINARY REASONS

 

All employees of this district are expected to perform their assigned responsibilities to the best of their abilities and in accordance with all law, rules, and highest standards of ethics, integrity and professionalism.

 

The superintendent of schools is authorized to place any employee on administrative leave with pay pending action on a discharge for fault personal to the employee.

 

The superintendent is authorized to place any employee on administrative leave without pay for disciplinary purposes.  Said administrative leave without pay shall be for a period of time at the discretion of the superintendent not to exceed five (5) working days.  Multiple administrative leaves for disciplinary reasons during the same school year shall result in automatic recommendation by the superintendent that the employee’s contract to be terminated.

 

Employees being considered for administrative leave shall be given oral or written notice of the reason(s) for the leave, an opportunity to respond to those reasons before the administrative leave action is taken, and opportunity to be represented by counsel during due process proceedings.  Any final conclusions and determination to place on leave by the superintendent shall be given to the employee in writing and also shall be placed in the employees personnel files.

 

 

Adopted:  January 13, 1991                 

 

Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

DRUG-FREE WORKPLACE

 

No employee engaged in work for the school district shall unlawfully manufacture, distribute, dispense, possess or use on or in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana 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 school district employee.  That includes a school building or school premise; a school-owned vehicle or a school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district.

 

Employees shall notify their supervisor of the employee’s conviction under any criminal drug statute 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.  An employee who violates the terms of this policy shall successfully 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’s contract shall not be renewed or employment may be suspended or terminated, at the discretion of the board.

 

Sanctions against employees, including non-renewal, suspension and termination shall be in accordance with prescribed school district administrative regulations and procedures. 

 

The superintendent shall be responsible for publication and dissemination of this policy to each employee.  In addition, the superintendent shall oversee the establishment of a drug-free awareness program to educate employees about the dangers of drug abuse and make them aware of available drug counseling programs.  This program may be used as one method to inform employees of the drug-free workplace policy and the penalties which may be imposed for its violation.

 

 

Approved:  Nov. 13, 1995                      

 

Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

EMPLOYEE OUTSIDE EMPLOYMENT

 

The board believes the primary responsibility of employees is to the duties of their position within the school district as outlined in their job description.  The board considers an employee’s duties as part of a regular, full-time position as full-time employment.  The board expects such employees to give the responsibilities of their positions in the school district precedence over any other employment.

 

It shall be the responsibility of the superintendent to counsel employees, whether full-time or part-time, if, in the judgment of the superintendent and the employee’s immediate supervisor, the employee’s outside employment interferes with the performance of the employee’s duties required in the employee’s position within the school district.

 

The board may request the employee to cease the outside employment as a condition of continued employment with the school district.

 

 

Approved:  January 21, 2002       

 

Reviewed:  December 19, 2005
June 20, 2011
July 11, 2016

 

 

EMPLOYEE CONFLICT OF INTEREST

 

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

 

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

 

Employees will not act as an agent or dealer for the sale of textbooks or other school supplies supply companies doing business with 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 students or to parents.  Employees will not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school district.

 

It will also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities.  In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to 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 a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district.

 

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

 

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

·     Cease the outside employment or activity; or,

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

 

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

 

 

Legal Reference:           Iowa Code §§ 20.7; 68B; 279.8; 301.28 (2009).

 

Cross Reference:          205.4  Board of Directors’ Conflict of  Interest

                                   

 

 

Approved:   September 21, 2009             

 

Reviewed   June 20, 2011  
July 11, 2016                            

EQUAL EMPLOYMENT OPPORTUNITY

 

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

 

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

 

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

 

Prior to a final offer of employment for any teaching position the school district will perform the background checks required by law. The district may determine on a case-by-case basis that, based on the duties, other positions within the district will also require background checks.  Based upon the results of the background checks, the school district will determine whether an offer will be extended.  If the candidate is a teacher who has an initial license from the BOEE, then the requirement for a background check is waived.

 

Advertisements and notices for vacancies within the district will contain the following statement:  "The Hartley-Melvin-Sanborn Community School District is an EEO/AA employer."  The statement will also appear on application forms.

 

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator,  Hartley-Melvin-Sanborn Community School District,  509 Main St. , Sanborn , Iowa  51248 ; or by telephoning 712-930-3281 . 

 

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII, Office for Civil Rights, Citigroup Center, 500 W Madison Street, Suite 1475, Chicago, IL  60661 (312) 730-1560, email: OCR.Chicago@ed.gov  or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or 1-800-457-4416, http://www.state.ia.us/government/crc/index.html.  This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

 

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

 

 

Legal Reference:           29 U.S.C. §§ 621-634 (2010).
42 U.S.C. §§ 2000e et seq. (2010).
42 U.S.C. §§ 12101 et seq. (2010).
Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8 (2011).
281 I.A.C. 12.4; 14.1; 95.

                                   

 

Cross Reference:          103       Equal Educational Opportunity
405.8    Harassment
401.4    Licensed Employee Qualifications, Recruitment, Selection

                                   

 

Approved:  November 18, 2002             

 

Reviewed:  December 19, 2005
June 20, 2011   
July 11, 2016          

 

Revised:  July 16, 2007
Jan. 22, 2013

 

DEFINITION OF CERTIFICATED PERSONNEL

 

The term “certificated personnel” will be used for those employees who must possess teaching or administrative certificates issued by the Iowa Department of Public Instruction in order to hold their positions.

 

 

Adopted:  October 14, 1985                  

 

Reviewed:  Feb. 10, 1997
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

RECRUITMENT OF CERTIFICATED PERSONNEL

 

Recruitment of the professional staff of the school district shall be the responsibility of the Superintendent of schools or his/her designee.  In discharging this responsibility, the Superintendent shall make use of such other supervisory or administrative staff members as may be practical.

 

Selection shall be based on the merits of the candidates, without regard to race, color, national origin, gender, disability, age, religion, creed, sexual orientation, and gender identity.

 

 

Adopted:  October 14, 1985             

 

Reviewed:  Feb. 10, 1997
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

 

Revised:  January 22, 2013

                                                                               

LICENSED EMPLOYEE QUALIFICATIONS, RECRUITMENT, SELECTION

 

Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," will have an opportunity to apply and qualify for licensed positions in the school district without regard to race, color, national origin, gender, disability, age, religion, creed, sexual orientation, and gender identity.  Job applicants for licensed positions will be considered on the basis of the following:

·     Training, experience, and skill;

·     Nature of the occupation;

·     Demonstrated competence; and

·     Possession of, or ability to obtain, state license if required for the position.

 

Announcement of the position is in a manner which the superintendent believes will inform potential applicants about the position.  Applications for employment may be obtained from and completed applications are returned to the school district administrative office.  Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired.

 

The board will employ licensed employees after receiving a recommendation from the superintendent.  The superintendent, however, will have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.

 

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding qualifications, recruitment and selections of such employees will be followed.

 

 

Legal Reference:           29 U.S.C. §§ 621-634 (2010).
42 U.S.C. §§ 2000e, 12101 et seq. (2010).
Iowa Code §§ 20; 35C; 216; 279.13 (2011).
281 I.A.C. 12.
282 I.A.C. 14.
1980 Op. Att'y Gen. 367.

 

Cross Reference:          401.1    Equal Employment Opportunity

                              

Approved: January 12, 1987                  

 

Reviewed:  February 10, 1997
March 12, 2001  
December 19, 2005   
June 20, 2011
July 11, 2016

 

Revised:  August 20, 2001   
July 16, 2007
January 22, 2013

                                              

CERTIFICATION

 

All employees shall be properly certificated, as required by law and by Department of Public Instruction regulations.  A copy of the certificate shall be presented to the secretary of the Board of the school district or his/her designee prior to payment of any annual salary.

 

 

Adopted:  October 14, 1985                 

 

Reviewed:  Feb. 10, 1997
March 12, 2001 
December 19, 2005
June 20, 2011
July 11, 2016

APPLICATION PROCEDURE FOR CERTIFICATED PERSONNEL

 

Application for employment may be obtained and returned to the superintendent or the superintendent’s designee.  Administrators and supervisors are to select applicants from these files.  When a possible employee has been identified, a recommendation to that effect is made to the appropriate administrator and subsequently presented to the Board for approval.

 

 

Adopted:  October 14, 1985                  

 

Reviewed:  Feb. 10, 1997     
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

NEPOTISM

 

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

 

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

 

 

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

 

Cross Reference:      401.3  Recruitment of Certificated Personnel
407.2  Support/Classified Employee – Qualifications, Recruitment, Selection

 

 

Adopted:  October 12, 2015     

Reviewed:  July 11, 2016                                  

Revised:                               

                                                                 

EMPLOYEE ORIENTATION

 

Employees must know their role and duties.  New employees may be required to participate in an orientation program for new employees.  The employee’s immediate supervisor should provide the new employee with a review of the employee’s responsibilities and duties.  Payroll procedures and employee benefit programs and accompanying forms will be explained to the employee by the board secretary.  Regular employees ineligible for the school district’s group health plan will be given information regarding where they can obtain health care or health care insurance.

 

 

Adopted:  July 17, 1995                         

 

Reviewed:  Feb. 10, 1997    
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

ORIGINAL CONTRACTS OF CERTIFICATED PERSONNEL

 

Contracts with certificated school personnel will be in writing, and will state the length of time the contract is in force, the total compensation for the contract period, and the schedule of periodic payments.  All original contracts will be processed by the administration;  approved by the Board of Directors; signed by the Board president; and filed with the school district secretary.  All provisions of the law pertaining to the issuance of contracts will be observed.

 

 

Adopted:  October 14, 1985                  

 

Reviewed:  Feb. 10, 1997  
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

LICENSED EMPLOYEE CONTINUING CONTRACTS

 

Contracts entered into with licensed employees, other than an administrator, will continue from year to year unless the contract states otherwise, is modified by mutual agreement between the board and the employee, or the contract is terminated by the board.

 

The first three years of a new licensed employee’s contract shall be a probationary period unless the employee has already successfully completed the three year probationary period in an Iowa school district.  New employees who have successfully completed a probationary period in a previous Iowa school district will serve a one year probationary period.  For purposes of this policy, an employee will have met the requirements for successfully completing a probationary period in another Iowa school district if, at the teachers most recent performance evaluation, the teacher received at least a satisfactory or better evaluation and the individual has not engaged in conduct which would disqualify the teacher for a continuing contract.

 

Only the board, in its discretion, may waive the probationary period.  The board may extend the probationary period for one additional year with the consent of the licensed employee.  The board will make the decision to extend or waive a licensed employee’s probationary status based upon the superintendent’s recommendation.  During this probationary period the board may terminate the licensed employee’s contract at year-end or discharge the employee in concert with corresponding board policies.

 

Licensed employees whose contracts will be recommended for termination by the board will receive notice prior to April 30.  The superintendent shall make a recommendation to the board for the termination of the licensed employee contract.

 

Licensed employees who wish to resign, to be released from a contract, or to retire must comply with board policies in those areas.

 

 

Adopted: October 19, 1992                  

 

Reviewed:  Feb. 10, 1997 
March 12, 2001  
December 19, 2005
June 20, 2011
July 11, 2016

 

Revised:  Jan. 17, 2000

                                                          

ASSIGNMENT AND TRANSFER OF CERTIFICATED PERSONNEL

 

Determining the assignment of each licensed employee is the responsibility of the superintendent and within the sole discretion of the board and the procedures of the current Master Contract.

 

Assignments will be based on the needs of the school district and the qualifications of staff members.  Personnel will be assigned without regard to race, color, national origin, gender, disability, age, religion, creed, sexual orientation, and gender identity.   The superintendent will report such assignments to the board.

 

 

Adopted:  October 14, 1985        

 

Reviewed:  Feb. 10, 1997 
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

 

Revised:  January 22, 2013

                                                                         

SALARY SCHEDULE FOR CERTIFICATED PERSONNEL

 

For the various professional positions, the Board of Directors shall establish salary schedules and guides that will, in the opinion of the Board, (1) attract to this school district the best candidates available; (2) give stability to the professional staff; (3) stimulate employees’ professional growth while they are in the district’s service; and (4) reflect the wishes of the citizens of the school district.

 

Salary schedules and guides shall be subject to annual reviews and modification by the Board or through the collective bargaining process.  Salary schedules and guides for employees or groups not covered by a collective agreement will be reviewed, and amended, at the discretion of the Board.

 

 

Adopted:  October 14, 1995                  

 

Reviewed:  Feb. 10, 1997 
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

COMPENSATION FOR EXTRA SERVICES OF CERTIFICATED PERSONNEL

 

The Board of Directors and the certified bargaining representative organization will establish a supplementary salary schedule and guide for specific extra duty assignments.

 

 

Adopted:  October 14, 1985                                                                        

 

Reviewed:  Feb. 10, 1997 
March 12, 2001
December 19, 2005
June 20, 2011 
July 11, 2016                             

INSURANCE FOR CERTIFICATED PERSONNEL

 

It is the policy of the Board that appropriate fringe benefits, such as various forms of insurance and unemployment benefits, be included in compensation provisions for certificated staff as authorized by law.  The Board shall select the insurance company(ies) from which the insurance program is purchased.

 

Certificated employees covered by the current master contract between recognized bargaining unit and the Board will receive fringe benefits in accordance with the terms of the master contract.

 

The business office of the school district will administer such health and accident insurance plans as the Board may authorize and the law may prescribe.

 

Unemployment Insurance

Under federal and state law, public school districts are liable for unemployment benefits paid to former employees.  The Board, upon recommendation by the Superintendent, will select a method for financing the unemployment liability; maintain such records as may be required; and communicate such information to state agencies as the law may require.

 

 

Adopted:  October 14, 1985                  

 

Reviewed:  Feb. 10, 1997  
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

ANNUITIES FOR CERTIFICATED PERSONNEL

 

Premiums for payment of annuities may be deducted from the salaries of certified personnel according to the terms of the master contract.

 

 

Adopted:  October 14, 1985                  

 

Reviewed:  Feb. 10, 1997 
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

VACATIONS/ HOLIDAYS OF CERTIFICATED PERSONNEL

 

The Superintendent of schools or his/her designee shall establish, through the collective bargaining process, a vacation schedule for certificated employees.  For those employees not covered by a collective agreement, the Board of Directors will establish a vacation schedule.

 

 

Adopted:  October 14, 1985                  

 

Reviewed: Feb. 10, 1997   
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

EVALUATION OF CERTIFICATED PERSONNEL

 

Evaluation and supervision of certificated personnel (teachers) serves two purposes:  (1)  the continual improvement of the program of instruction that is provided for the district’s students and (2) the maintenance of staff that meet or exceed district standards of performance.

 

The Superintendent shall communicate the Board’s expectations for continual instructional improvement to the staff, and shall work to improve the process of teacher supervision and evaluation.

 

The Board of Directors will establish evaluation criteria.  If a certificated employee organization exists, the Board of Directors shall negotiate with respect to evaluation procedures.

 

 

Adopted:  October 14, 1985                                                                        

 

Reviewed: Feb. 10, 1997 
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

COMMUNICABLE DISEASES - EMPLOYEES

 

Employees with a communicable disease will be allowed to perform their customary employment duties provided they are able to perform the essential functions of their position and their presence does not create a substantial risk of illness or transmission to students or other employees.  The term “communicable disease” shall mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.

 

Prevention and control of communicable diseases shall be included in the school district’s bloodborne pathogens exposure  control plan.  The procedures shall include scope and application, definitions, exposure control, methods of compliance, universal precautions, vaccination, post-exposure evaluation, follow-up, communication of hazards to employees and record keeping.  This plan shall be reviewed annually by the superintendent.

 

The health risk to immunodepressed employees shall be determined by their personal physician. The health risk to others in the school district environment from the presence of an employee with a communicable disease shall be determined on a case-by-case basis by the employee’s personal physician, a physician chosen by the school district or public health officials.

 

An employee shall notify the superintendent when the employee learns the employee has a communicable disease.  It shall be the responsibility of the superintendent, when the superintendent, upon investigation, has knowledge that a reportable communicable disease is present, to notify the Iowa Department of Public Health. 

 

An employee who is at work and who has a communicable disease which creates a substantial risk of harm to a student, coworkers, or others at the workplace shall report the condition to the superintendent any time the employee is aware that the disease actively creates such risk.

 

Health data of an employee is confidential and it shall not be disclosed to third parties.  Employee medical records shall be kept in a file separate from their personal file.

 

It shall be the responsibility of the superintendent to develop administrative regulations stating the procedures for dealing with employees with a communicable disease.

 

 

Adopted: Jan. 9, 1989                            

 

Reviewed:  Feb. 10, 1997   
March 12, 2001  
December 19, 2005
June 20, 2011
July 11, 2016

 

Revised:  November 16, 1998

 

BLOODBORNE PATHOGENS - EMPLOYEES

 

This policy is written and implemented in response to OSHA standard concerning occupational exposure to bloodborne pathogens.  The purpose of this standard is to minimize exposure to Hepatitis B virus; Human Immunodeficiency Virus (HIV), and other bloodborne pathogens.  OSHA has concluded that exposure can be minimized by using a combination of engineering and work practice controls, personal protective clothing and equipment, training, medical surveillance, vaccination, signs and labels, and other provisions.  For additional information and clarification the reader is referred to the OSHA standard, Federal Register, Volume 56, Number 235, Friday, December 6, 1991, pages 64004-64182.

 

The federal law applies to all occupational exposure to blood and other potentially infectious materials.

 

The HMS School District establishes this plan to minimize occupational exposure to bloodborne pathogens in compliance with OSHA regulations.  The exposure control plan includes: exposure determination, schedule and method of compliance, provision for the plan to be accessible and available upon request, and procedures for reviewing and updating the plan.

 

EXPOSURE DETERMINATION

The school district has identified a team of persons in each building who by virtue of their job position and job functions might reasonably be expected to be in situations involving potential contact with blood or other potentially infectious body fluids.  Individuals on these teams shall be the people primarily responsible to assure that universal precautions and appropriate work practices are maintained.  Persons on these teams shall be provided the opportunity to receive the Hepatitis B Vaccination series at the school district expense.  The teams shall include but not be limited to: building principals, building secretaries, custodians and physical education teachers.  Due to the nature of their positions all coaches will be provided the opportunity to receive the vaccination series at school district expense.

 

POST-EXPOSURE EVALUATION AND FOLLOW UP

Following a report of an exposure incident, the district shall make immediately available to the exposed employee, a confidential medical evaluation as specified in the standard.  The incident shall be investigated in an effort to determine and document route(s) of exposure, the circumstances surrounding exposure incidents, and possible failures of control at the time of the exposure incident.

 

PLAN REVIEW AND UPDATE

The bloodborne pathogen plan shall be reviewed at least annually and whenever necessary to reflect new or revised employee positions with occupational exposure.

 

 

Adopted:  October 13, 1997                        

 

Reviewed: Feb. 10, 1997 
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

EMPLOYEE PHYSICAL EXAMINATIONS

 

Good health is important to job performance.  Employees will present evidence of good health, in the form of a physical examination report, prior to their employment with the school district.

 

School bus drivers will present evidence of good health every other year in the form of a physical examination report unless otherwise required by law or medical opinion.  Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations when requested to do so, at the expense of the school district. 

 

The cost of the initial examination will be paid by the school district up to $33.00.   The form indicating the employee is able to perform the duties which the employee was hired must be returned prior to payment of salary.  The cost of all bus driver physicals will be paid in full by the school district.  The school district will provide the standard examination form to be completed by the personal physician of the employee.  Employees identified as having reasonably anticipated contact with blood or infections materials will receive the Hepatitis B vaccine or sign a written waiver stating that they will not take the vaccine. 

 

It is the responsibility of the superintendent to write an exposure control plan to eliminate or minimize district occupational exposure to blood borne pathogens.  The plan for designated employees will include, but not be limited to, scope and application, definitions, exposure control, methods of compliance, Hepatitis B vaccination and post-exposure evaluation and follow-up, communication of hazards, to employees, and record keeping. 

 

The requirements state in the master contract between employees in that certified collective bargaining unit and the board regarding physical examinations of such employees are followed. 

 

 

NOTE: All school district employees, on initial hire, must present a form which states that employees are physically able to perform the employee’s duties.  Bus drivers must present the form at initial employment and every other year thereafter, unless required by law or medical opinion. 

 

Legal Reference:       29 C.F.R Pt. 1910.1030 (2002)
Iowa Code §§ 20.9; 279.8; 321.376 (2005).
281 I.A.C 12.4(14); 43.15-.20.

 

Adopted: October 17, 2006                   

 

Reviewed:  June 20, 2011   
July 11, 2016                                

RESIGNATION OF CERTIFICATED PERSONNEL

 

Resignations shall be in writing, signed by the employee making the request, directed to the Superintendent of Schools.  The Superintendent will submit it to the Board of Directors with recommendations as provided by law.

 

Resignations must by filed at least thirty (30) days prior to the requested release from contract.  Releases granted after June 1 of each calendar year must by contingent on the district’s ability to employ a suitable replacement, and the released employee’s payment of up to $1,500 for advertising expenses incurred by the district to hire the replacement teacher.  Failure to provide reimbursement will result in a charge being filed in small claims court. This paragraph does not apply to resignations resulting from medical disability.

 

Further, if an employee leaves without proper release, the Superintendent of Schools is directed to file a complaint with the Iowa Professional Teaching Practices Commission.

 

 

Adopted:  August 8, 1994               

 

Reviewed:  Feb. 10, 1997 
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

 

Revised: April 17, 2000
 

                                                          

DISCHARGE /DISMISSAL OF CERTIFICATED PERSONNEL

 

The Board of Directors may, by majority vote, discharge any employee for any just cause.

 

A teacher may be discharged at any time during the contract year.  The superintendent may suspend a teacher pending hearing and determination by the Board as provided in Iowa Code Chapters 279.27.

 

The procedure for dismissal (contract termination at year-end) shall be as provided in Iowa Code Chapters 279.15(2) to 279.19.

 

 

Adopted:  October 14, 1985                 

 

Reviewed: Feb. 10, 1997  
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

REDUCTION IN FORCE OF CERTIFICATED PERSONNEL

 

The number of employees may be reduced due to a change in program staff realignment, a change in the size or nature of the student population, and/or due to budgetary considerations, or other good reasons as determined by the Board.  Such reduction of employees shall be accomplished through normal staff attrition, unless the best interests of the school district dictate otherwise.  When reductions beyond normal staff attrition are to be made, notices of termination shall be given staff, as prescribed by section 279.15 of the Code of Iowa.

 

 

Adopted:  October 14, 1985                  

 

Reviewed: Feb. 10, 1997       
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

DRUG AND ALCOHOL TESTING PROGRAM

 

Employees who operate school vehicles classified as “commercial motor vehicles” by the U.S. Department of Transportation, and are required to possess a commercial driver’s license (CDL) to operate those vehicles, are subject to drug and alcohol testing.  A “commercial motor vehicle” is a vehicle that transports sixteen or more persons including the driver or has a gross vehicle weight rating (GVWR) of 26,001 pounds or more.  For purposes of the drug and alcohol testing program, the term "employees" includes applicants who have been offered a position to operate a commercial motor vehicle owned by the school.

 

Employees or employee applicants that will operate a school vehicle as described above are subject to pre-employment drug testing prior to being allowed to perform a safety sensitive function using the school vehicle.   In addition, employees will be subject to random, reasonable suspicion and post-accident drug and alcohol testing.  Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol.  Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the school district contact person, Steve Coulter, Director of Transportation, 300 N 8th Ave W, Hartley, IA 51346    (712) 928-3406

 

Employees who violate the terms of this policy are subject to discipline up to and including termination. 

 

It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law.  The superintendent will inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.

 

The superintendent will also be responsible for publication and dissemination of this policy and its supporting administrative regulations and forms to employees operating school vehicles.  The superintendent will also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.

 

 

Legal Reference:           American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3
405 (4th Cir. 1995).
49 U.S.C. §§ 5331 et seq. (1994).
42 U.S.C. §§ 12101 (1994).
41 U.S.C. §§ 701-707 (1996).
49 C.F.R. Pt. 40; 382; 391.81-123 (2002).
34 C.F.R. Pt. 85 (2002).
Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington, PERB  No. 3876 (3-26-91).
Iowa Code §§ 124; 279.8; 321.375(2); 730.5 (2005).

 

Cross Reference:          400.2    Drug-Free Workplace

 

Approved:  December 11, 1995          

 

Reviewed:   February 10, 1997 
March 12, 2001 
December 19, 2005
June 20, 2011  
July 11, 2016    

 

Revised:   December 12, 1998
March 21, 2005

                                                             

EARLY RETIREMENT

 

The Board of Directors of the Hartley-Melvin-Sanborn Community School District adopts as a compensation benefit for early retirement the following:

1. Teaching staff and administrative staff who have reached the age of 55 and completed 10 years of continuous employment of which the last year must be a complete school year (excluding absences due to illness or other approved leave) shall be eligible for early retirement compensation if an application with accompanying resignation, waiver and release, and a covenant not to reapply with this district for continuous employment, is tendered to the Board of Directors by March 6 of the applicable year.

    

2. This benefit is not available for persons who have received a notice of termination under Chapter 279 of the Iowa Code.

    

3. The person may not be on an extended unpaid leave of absence for disciplinary reasons or pending termination at the time of submission of the request for acceptance of resignation and election to receive benefits of early retirement.

    

4. Licensed staff making application for early retirement shall receive as compensation an amount equal to $20,000 for 3 years if the application for early retirement is submitted during a period beginning within the fiscal year the teacher attains age fifty-five (55).  They will also be reimbursed $20 per day for accumulated unused personal sick leave up to a maximum of 120 personal sick leave days.

    

5. Licensed staff on a part-time contract shall receive a percentage of the benefit prorated accordingly.

    

6. Upon retirement, the employee may choose to continue coverage under the school district’s medical insurance plan at the school district’s group rate by meeting the requirements of the insurance carrier and by paying the monthly premium amount in full to the business office (or to the Third-Party Administrator) prior to the due date of the school district’s premium to the insurance carrier. No part of the premium will be paid by the school district.

    

7. Individuals electing to continue on the school district’s medical insurance plan are subject to any modifications or changes in the plan adopted by the Board of Directors.

    

8. The employee will receive their early retirement incentive pay in one payment with the payment being made on or before July 31, 2016.
   a.   Those employees that elect to continue District health insurance will receive 100% of their early retirement incentive pay into a Health Reimbursement Arrangement (HRA).
   b.   Those employees that elect to discontinue District health insurance will receive 100% of their early retirement incentive pay into a 403(b) Special Pay Plan.

    

9. In the event an eligible employee dies after applying for early retirement benefits and prior to the disbursement of the monetary benefit, that amount shall be paid as follows:
   a.  In the event of the employee's death ny amounts still credited with the district for the employee may be utilitized by the employee's surviving spouse.
   b.  If there is no surviving spouse the remaining credit shall pass to the employee's estate.
    
10. Employees serving the district in more than one capacity are only eligible for one early retirement incentive.

The Board of Directors may limit the number of Retirement Benefit approvals in any given year.  The limit for this year will be four licensed staff members.  Should more than the limited number apply, determination shall be made based upon seniority and based upon the date the application was received.

 

An employee’s application for early retirement benefits on the form provided is, in itself, not a resignation of a contract with the school district. However, acceptance by the board of an employee’s application for early retirement will be considered a voluntary resignation and termination of his/her continuing contract.
 

If the Board of Directors rejects the application for early retirement benefits, the request for acceptance of resignation shall be considered void.

 

            This policy is in effect through June 30, 2016. 

 

 

Adopted:  May 17, 2004                

 

Reviewed:  December 19, 2005               
November 24, 2009                           
October 18, 2010      
December 19, 2011  
June 20, 2011
July 11, 2016                                

                                        

Revised: January 16, 2006
January 28, 2008
December 21,2009
November 15, 2010
January 16, 2012
January 19, 2015
January 11, 2016
 

PERSONAL ILLNESS/DISABILITY OF CERTIFICATED PERSONNEL

 

Certificated employees shall be granted leave of absence for personal illness or injury with full  pay as agreed to in the negotiated master contract.

 

If an employee is eligible to receive Workers’ Compensation benefits, his/her sick leave shall be reduced in proportion to the amount of payment received relative to his full pay.  If the employee is informed of and elects to receive full pay, then a full day of sick leave shall be deducted for each day of absence.

 

 

Adopted:  October 14, 1985                   

 

Reviewed:  Feb. 10, 1997     
March 12, 2001
December 19, 2005
June 20, 2011   
July 11, 2016          

EXTENDED ILLNESS LEAVE FOR CERTIFICATED PERSONNEL

 

Extended illness leave for certificated personnel will be granted according to the terms of the master contract in force.

 

 

Adopted:  October 14, 1985                  

 

Reviewed: Feb. 10, 1997    
March 12, 2001     
December 19, 2005
June 20, 2011
July 11, 2016

EMERGENCY LEAVE OF CERTIFICATED PERSONNEL

 

The Board recognizes that certain emergencies may arise which would necessitate an absence not covered by sick leave provisions.  Provisions for emergency leave are specified in the negotiated master contract.

 

 

Adopted:  October 14, 1985                 

 

Reviewed: Feb. 10, 1997      
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

FUNERAL LEAVE FOR CERTIFICATED PERSONNEL

 

Funeral leave may be administered according to the terms of the master contract in force.

 

 

Adopted:  October 14, 1985                 

 

Reviewed: Feb. 10, 1997     
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

LEAVE FOR PROFESSIONAL PURPOSES  (CERTIFICATED PERSONNEL)

 

Professional leave shall be granted according to the negotiated master contract in force.

 

 

Adopted:  October 14, 1985                 

 

Reviewed: Feb. 10, 1997        
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

JURY DUTY FOR CERTIFICATED PERSONNEL

 

Jury duty shall be granted according to the terms of the master contract in force.

 

 

Adopted:  October 14, 1985                 

 

Reviewed: Feb. 10, 1997  
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

MILITARY SERVICE OF CERTIFICATED PERSONNEL

 

Leaves of absence for military purposes will be granted according to the terms of the master contract in force.

 

 

Adopted:  October 14, 1985                  

 

Reviewed:  Feb. 10, 1997    
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

UNPAID LEAVE FOR CERTIFICATED PERSONNEL

 

Unpaid leave shall be granted according to the terms of the master contract in force.

 

 

Adopted:  October 14, 1985                 

 

Reviewed:  Feb. 10, 1997       
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

 

LEAVE TO RUN FOR PUBLIC OFFICE

 

The Board will provide a leave of absence to certificated personnel to run for elective public office.

 

The Board shall grant a certificated employee a leave of absence to campaign as a candidate for any elective public office in the form of accrued vacation or leave without pay upon written request to the superintendent of schools at least 30 days prior to the starting date of the requested leave.  The certificated employee will be entitled to one period of leave to run for the elective public office, and the leave may commence anytime within 30 days of a contested primary, special, or general election and continue until the day following the election.  The certificated employee may choose to use leave without pay or accrued vacation.

 

 

Adopted:  January 12, 1987                   

 

Reviewed: Feb. 10, 1997       
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

SICK LEAVE BANK

 

A sick leave bank will be established for the use of all certified and classified employees who choose to participate starting with July 1, 2001.  Eligibility of sick leave bank days will commence on the first day after the exhaustion of personal sick leave and family sick leave, respectively.  Use of the leave bank will be the lesser of the benefits stated in the table below or the physician’s certification that the employee is able to return to work.  Bank days will not be available once the employee qualifies for disability insurance.  The bank year will be the contract year.  There will be no carryover of days from one year to the next.  Contributed leave days may not be returned to employees at the end of the year.

 

To be eligible to participate in the benefits of the sick leave bank, the employee must:

 

            a.   contribute up to one (1) personal day and up to eight (8) additional sick leave days, according to the schedule in the Schedule of Contributions and Benefits.

 

            b.   enroll in the bank no later than September 1 of the contract year.

 

 

Schedule of Contributions and Benefits

 

Qualifying Level       # Personal Days          # Sick Leave Days    # Days Eligible
                                    Contributed                   Contributed               To Draw

 

(# Accumulated Sick Leave Days)                          (Personal Illness/Family)

 

<16                              1                                  0                                  9/2

16-21                           0                                  2                                  14/2

22-27                           0                                  4                                  19/2

28-33                           0                                  6                                  24/2

 34  or more                 0                                  8                                  29/2

 

Any person needing additional days due to a serious illness may request them.  This may be granted at the sole discretion of the superintendent whose decision shall be final.

 

Should the Sick Leave Bank expend all of the days accumulated in it, each employee making an original contribution shall be assessed a like contribution to cover the need.

 

 

Approved:  April 19, 1999                     

 

Reviewed:  March 12, 2001     
December 19, 2005
June 20, 2011
July 11, 2016

TRAVEL FOR CERTIFICATED PERSONNEL

 

Expenses for approved travel outside the school district, and travel within the school district caused by assignments to more than one center, shall be reimbursed.  The rate of reimbursement will be according to the terms of the master contract.

 

 

Adopted:  October 14, 1985   

 

Reviewed:  February 10, 1997
March 12, 2001
December 19, 2005
June 20, 2011  
July 11, 2016            

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EMPLOYEE CONFLICT OF INTEREST

 

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

 

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

 

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

 

It shall 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 shall be deemed to exist shall include, but not be limited to, any of the following:

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

 

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

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

 

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

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

 

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

 

 

Adopted:  November 8, 1993                        

 

Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

 

ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

 

Physical or sexual abuse of students, including, inappropriate and intentional sexual behavior, by employees will not be tolerated.  The definition of employees for the purpose of this policy includes not only those who work for pay but also those who are volunteers of the school district under the direction and control of the school district.  Employees found in violation of this policy will be subject to disciplinary action up to and including discharge.

 

The school district will respond promptly to allegations of abuse of students by school district employees by investigating or arranging for the investigation of an allegation.  The processing of a complaint or allegation will be handled confidentially to the maximum extent possible.  Employees are required  to assist in the investigation when requested to provide information and to maintain the confidentiality of the reporting and investigation process.

 

The school district has appointed a Level I investigator and alternate Level I investigator.  The school district has also arranged for a trained, experienced professional to serve as the Level II investigator.  The Level I investigator and alternate will be provided training in the conducting of an investigation at the expense of the school district.  The names of the investigators shall be listed in the student handbook, published annually in the local newspaper and posted in all school facilities.

 

 

Adopted:  July 10, 1989                   

 

Reviewed:  Feb. 10, 1997  
March 12, 2001        
December 19, 2005
June 20, 2011
July 11, 2016

 

Revised:  Jan. 17, 2000

                                                           

CHILD ABUSE REPORTING BY CERTIFICATED PERSONNEL

 

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.  Employees are encouraged, and licensed employees are required as mandatory reporters, to report alleged incidents of child abuse that they become aware of within the scope of their professional practice.  The definition of child abuse is in the accompanying regulation.

 

When a reporter suspects a student is the victim of child abuse, the mandatory reporter shall orally or in writing notify the Iowa Department of Human Services.  If the reporter believes the child is in immediate danger, the local law enforcement agency shall also be notified.  Within forty-eight hours of the oral report, the reporter shall file a written report with the Iowa Department of Human Services.

 

Within six months of their initial employment, mandatory reporters shall take a two-hour training course involving the identification and reporting of child abuse.  The course shall be re-taken at least every five years.

 

 

Adopted:  May 12, 1986                         

 

Reviewed:  Feb. 10, 1997
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

 

Revised:  April 14, 1997

                                                                 

HARASSMENT

 

Harassment of employees and students will not be tolerated in the school district.  School district includes school district facilities, school district premises, and non-school property if the employee or student is at any school sponsored, school approved or school related activity or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

 

Harassment includes, but is not limited to, actual or perceived age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status and which creates an objectively hostile school environment.  Harassment by board members, administrators, employees, parents, students, vendors, and others doing business with the school district is prohibited.  Employees whose behavior is found to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, discharge or other appropriate action.  Other individuals whose behavior is found to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the superintendent or board.

 

Sexual harassment shall include, but not be limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

            *          submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

            *          submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

            *          such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

 

Other types of harassment may include, but not be limited to, jokes, stories, pictures, or objects that are offensive, tend to alarm, annoy, abuse or demean certain protected individuals and groups.

 

Employees and students who believe they have suffered harassment shall report such matters to the principal of the building in which the alleged violation occurred.  However, claims regarding harassment may also be reported to a principal from a different building, or the Superintendent of Schools, who shall then be the alternate investigator for harassment complaints.

 

Upon receiving a complaint, the investigator shall confer with the complainant to obtain an understanding and a statement of the facts.  It shall be the responsibility of the investigator to promptly and reasonably investigate claims of harassment and to pass the findings on to the superintendent who shall complete such further investigation as deemed necessary and take such final action as deemed appropriate.  Information regarding and investigation of harassment shall be confidential to the extent possible, and those individuals who are involved in the investigation shall not discuss information regarding the complaint outside the investigation process.

 

No one shall retaliate against an employee or student because they have filed a harassment complaint, assisted or participated in a harassment investigation, proceeding, or hearing regarding a harassment charge or because they have opposed language or conduct that violates this policy.

 

It shall be the responsibility of the board members, administrators, licensed and classified employees, students, and others having business or other contact with the school district to act appropriately under this policy.  It shall be the responsibility of the superintendent and investigator to inform and educate employees or students and others involved with the school district about harassment and the school district’s policy prohibiting harassment.

 

It shall be the responsibility of the superintendent, in conjunction with the investigator, to develop administrative rules regarding this policy.

 

COMPLAINT PROCEDURE

 

An employee or student who believes that they have been harassed shall notify the designated investigator of his/her building or one of the alternates listed in 405.8.  The investigator may request that the employee or student complete the Harassment Complaint form and turn over evidence of the harassment, including but not limited to, letters, tapes, or pictures.  Information received during the investigation shall be kept confidential to the extent possible.

 

The investigator, with the approval of the superintendent, or the superintendent has the authority to initiate a harassment investigation in the absence of a written complaint.

 

INVESTIGATION PROCEDURE

 

The investigator shall reasonably and promptly commence the investigation upon receipt of the complaint.  The investigator shall interview the complainant and the alleged harasser.  The alleged harasser may file a written statement refuting or explaining the behavior outlined in the complaint.  The investigator may also interview witnesses as deemed appropriate.

 

Upon completion of the investigation, the investigator shall report to the superintendent.  The investigator will outline the findings of the investigation to the superintendent.

 

RESOLUTION OF THE COMPLAINT

 

The superintendent will complete the next step in the investigation reasonably and promptly upon receipt of the investigator’s report.  Following the investigators report, the superintendent may investigate further, if deemed necessary, and make a determination of the appropriate next step which may include discipline up to and including discharge.

 

Prior to the determination of the appropriate remedial action, the superintendent may, at the superintendent’s discretion, interview the complainant and the alleged harasser.  The superintendent shall file a written report closing the case.  The complainant, the alleged harasser and the investigator shall receive notice as to the conclusion of the investigation.

 

POINTS TO REMEMBER

            *          Evidence uncovered in the investigation is confidential.

 

            *          Complaints must be taken seriously and investigated.

 

            *          No retaliation will be taken against individuals involved in the investigation process.

 

            *          Retaliation will be disciplined up to and including discharge.

 

CONFLICTS

If the investigator is the alleged harasser or a witness to the incident, the alternate investigator shall be the investigator.

 

If the alleged harasser is the superintendent, the alternate investigator shall take the superintendents place in the investigation process.  The alternate investigator shall report the findings to the board.

 

NOTIFICATION

Notice of this policy will be circulated to all schools and departments of the Hartley-Melvin-Sanborn Public Schools and incorporated into parent, teacher and student handbooks.  Training sessions on this policy and the prevention of sexual harassment shall be held for teachers and students in all schools on an annual basis.

 

Name:  Mark Dorhout         Phone:  (712) 930-3281       (Equity Coordinator)

 

Name:  Bill Thompson         Phone:  (712) 928-2022        (Alternate contact) 

 

 

Adopted:  March 8, 1993                       

 

Reviewed:   February 10, 1997  
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016      

 

Revised:   April 14, 1997
February 16, 2004
July 16, 2007
January 22, 2013

GIFTS TO EMPLOYEES

 

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

 

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

           

            *       Is seeking to be, or is a party to, any one or any combination of sales, purchases, leases or contracts to, from or with the school district;

 

            *       Will be directly and substantially affected financially by the performance or non-performance of the employee’s official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or

 

            *       Is a lobbyist or a client of a lobbyist with respect to matters within the school district’s jurisdiction.

 

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

 

            *       Contributions to a candidate or a candidate’s committee;

 

            *       Information material relevant to an employee’s official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;

 

            *       Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;

 

            *       An inheritance;

 

            *       Anything available or distributed to the general public free of charge without  regard to the official status of the employee.

                                             

           *          Items received from a charitable, professional, educational or business organization to which the employee belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member’s status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;

 

          *          Actual expenses of an employee for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;

 

          *          Plaques or items of negligible resale value given as recognition for public service;

 

          *          Non-monetary items with a value of less than three dollars that are received from any one donor during one calendar day;

 

          *          Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;

 

           *          Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives or members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;

 

           *          Funeral flowers or memorials to a church or nonprofit organization;

 

           *          Gifts which are given to an employee for the employee’s wedding or twenty-fifth or fiftieth wedding anniversary;

 

          *          Payment of salary or expenses by the school district for the cost of attending a meting of a sub-unit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other sub-unit of the agency and the employee is not entitled to receive compensation or reimbursement for expenses from the school district for attending the meeting; or

 

          *          Gifts other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee.                                                                                           

 

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

 

           *          Actual expenses of an employee for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day/days on which the employee has participation or presentation responsibilities;

 

           *          A non-monetary gift or series of non-monetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general  services; or

 

           *          A payment made to an employee for services rendered as part of a private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person’s status as an employee of the district, but, rather, because of some special expertise or other qualification.

 

It shall be the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.

 

 

Adopted:  December 14, 1992              

 

Reviewed: Feb. 10, 1997
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

 

Revised:  November 8, 1993

                                                                 

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE

 

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as  August 1st – June 30th.  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.  It is the responsibility of the superintendent to develop administrative rules to implement this policy. 

 

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding family and medical leave of such employees will be follow

 

Legal Reference:           Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).
26 U.S.C. §§ 2601 et seq. (2006)
29 C.F.R. Pt. 825 (2006).
Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2009).
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.
1952 Op. Att'y Gen. 91.

 

Cross Reference:          410.10 Classified Employee Family and Medical Leave

                                   

 

 

Approved:   August 17, 2009     

 

Reviewed:   June 20, 2011   
July 11, 2016            

STUDENT TEACHERS

 

It is the policy of the school district to cooperate with the higher educational institutions in the practical preparation of future teachers.  Contracts shall be confirmed annually for each institution that places student teachers in the district. 

 

 

Adopted:  October 14, 1985                   

 

Reviewed: Feb. 10, 1997   
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

DEFINITION OF SUPPORT PERSONNEL

 

The term “support personnel” shall include the following employees, whether full-time or regular part-time:

 

                        1.         Custodial and maintenance employees

 

                        2.         Secretarial employees

 

                        3.         Clerical and educational aides

 

                        4.         Transportation employees

 

                        5.         Part-time personnel for any of the above classifications.

 

The school administration shall establish job specifications and job descriptions for all positions that require support personnel, and shall maintain a manual containing such job specifications and descriptions.  The manual shall be reviewed and revised as part of the planned evaluation program within the school system.  All job descriptions shall be approved by the Board of Directors.

 

 

Adopted:  October 14, 1985                  

 

Reviewed: Feb. 10, 1997    
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

SUPPORT/CLASSIFIED EMPLOYEE - QUALIFICATIONS, RECRUITMENT, SELECTION

 

Persons interested in a classified employee position will have an opportunity to apply and qualify for classified employee positions in the school district without regard to age, race, creed, color, sex, national origin, religion, sexual orientation, gender identity or disability.  Job applicants for classified employee positions will be considered on the basis of the following:

 

·     Training, experience, and skill;

·     Nature of the occupation;

·     Demonstrated competence; and

·     Possession of, or ability to obtain, state or other license or certificate, if required, for the position.

 

Announcement of the position will be through means the superintendent believes will inform potential applicants about the position.  Applications for employment may be obtained from and completed applications will be returned to the central administration office.  Whenever possible, the preliminary screening of applicants will be conducted by the administrator who directly supervises and oversees the position.

 

The superintendent will recommend employment of classified employees to the board for approval. 

 

 

Legal Reference:           29 U.S.C. §§ 621-634 (2010).
42 U.S.C. §§ 2000e et seq. (2010)
42 U.S.C. §§ 12101 et seq. (2010)
Iowa Code §§ 35C; 216; 279.8; 294.1 (2011).

 

Cross Reference:          401.1    Equal Employment Opportunity

                                   

 

Approved:  February 18, 2013   

 

Reviewed:  July 11, 2016

CONTRACTS FOR SUPPORT PERSONNEL

 

Contracts with full-time support personnel will be in writing, and will state the length of time the contract is in force, the total compensation or rate of pay for the contract period, and the schedule for periodic payments.

 

These contracts will be approved by the Board of Directors, signed by the president, signed by the employee, and filed with the school district secretary or his/her designee.

 

Compensation plans and working conditions for support employees will be determined by the Board.

 

 

Adopted:  October 14, 1985                  

 

Reviewed: Feb. 10, 1997    
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

ASSIGNMENT AND TRANSFER OF SUPPORT PERSONNEL

 

Assignment of support staff shall be based upon the qualifications of the employee and the philosophy and needs of the school district.

 

Changes in assignment may be made at the initiative of the superintendent or other supervisory staff members, or at the request of the employee.  All changes in assignment shall be made with full knowledge of the employee and the Board of Directors.

 

 

Adopted:  October 14, 1985                  

 

Reviewed: Feb. 10, 1997    
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

SALARY SCHEDULES FOR SUPPORT PERSONNEL

 

For the various support positions, the Board of Directors shall establish the salaries.

 

 

Adopted:  October 14, 1985                  

 

Reviewed: Feb. 10, 1997   
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

INSURANCE FOR SUPPORT PERSONNEL

 

It is the policy of the Board that appropriate fringe benefits, such as various forms of insurance and unemployment benefits, be included in compensation provisions for support staff as authorized by law.  The Board shall select the insurance company(ies) from which the insurance program is purchased.

 

The business office of the school district will administer such health and accident insurance plans according to the terms found in the support personnel handbook.

 

Workers’ Compensation

District employees are covered under the Workers’ Compensation Act, and are entitled to its benefits under the terms of the law.  Premiums for participation in the Workers’ Compensation Insurance Plan are paid entirely by the district.  All benefits will be coordinated with sick leave payments.

 

Unemployment Insurance

Under federal and state law, public school districts are liable for unemployment benefits paid to former employees.  The Board, upon recommendation by the superintendent, will select a method for financing the unemployment liability; maintain such records as may be required; and communicate such information to state agencies as the law may require.

 

 

Adopted:  October 14, 1985                  

 

Reviewed: Feb. 10, 1997     
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

VACATIONS OF SUPPORT PERSONNEL

 

The superintendent of schools shall establish a vacation schedule for all support employees of the district.

 

Vacation time may not be accumulated from one year to the next.

 

Vacations shall be administered according to the terms found in the support staff handbook.

 

 

Adopted:  October 14, 1985                  

 

Reviewed: Feb. 10, 1997   
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

EVALUATION OF SUPPORT PERSONNEL

 

The superintendent shall be responsible for the continual evaluation of support employees of the district.

 

Supervisors of support employees shall submit such evaluations in writing to the superintendent, at such times and in such manner as may be determined by the Board of Directors.

 

If a certified employee unit exists, the Board shall negotiate in good faith with respect to evaluation procedures.

 

 

Adopted:  October 14, 1985                  

 

Reviewed:  Feb. 10, 1997    
March 12, 2001
December 19, 2005
June 20, 2011
February 16, 2015
July 11, 2016

 

Revised:  February 16, 2015
 

ANNUITIES FOR SUPPORT PERSONNEL

 

Premiums for payment of annuities may be deducted from the wages of support  personnel, provided that the employee’s written authorization for such deductions shall be on file with the secretary of the Board.

 

 

Adopted:  October 14, 1985                 

 

Reviewed: Feb. 10, 1997     
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

SUPPORT PERSONNEL WAGE AND OVERTIME COMPENSATION

 

The Board of Directors believes all non-exempt personnel should be compensated for any approved hours worked over forty hours in a work week.  This compensation shall be in compliance with the state and federal laws.

 

Each non-exempt employee compensated on an hour by hour basis, whether full or part time, permanent or temporary, will be paid no less than the Federal Minimum Wage.  Whenever a non-exempt employee must work more than forty hours in a given work week, the employee shall be compensated at one and one-half times his/her regular hourly wage rate or at one and one-half hours of compensatory time for each hour of overtime worked.  Overtime will not be permitted without prior authorization of the employee’s immediate supervisor.

 

Each non-exempt employee that works more than forty hours in a given work week shall be given the option to choose his/her form of compensation.  The employee shall not be allowed to change the form of compensation once they have informed their supervisor of their choice.

 

It is the responsibility of the superintendent of school to maintain records and to establish regulations and procedures to comply with this policy and the requirements of the law, particularly the Fair Labor Standards Act.

 

 

Adopted:  January 12, 1987                 

 

Reviewed: Feb. 10, 1997   
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

RESIGNATION OF SUPPORT PERSONNEL

 

Resignations shall be in writing, signed by the resigning party, and directed to the superintendent of schools.

 

The Board recognizes that circumstances may force an employee to request a release from a contract before the contract expires;  therefore, an employee will be released from his or her contract at any time, provided that a suitable replacement can be found.

 

 

Adopted:  October 14, 1985                 

 

Reviewed: Feb. 10, 1997       
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

 

DISCHARGE/DISMISSAL OF SUPPORT PERSONNEL

 

The Superintendent of schools or his/her designee has the authority to suspend the services with or without pay of any support staff personnel.  At the next meeting of the Board, the Board may act on the reinstatement or dismissal of the employee.

 

 

Adopted:  October 14, 1985                 

 

Reviewed: Feb. 10, 1997       
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

REDUCTION IN FORCE OF SUPPORT STAFF

 

The number of support staff may be reduced due to budgetary considerations or other good reason as determined by the Board whose decision shall be final.  Reduction shall be accomplished through normal staff attrition, unless the best interests of the school district dictate otherwise.  When reductions beyond normal staff attrition are made, support personnel will receive 30 days notice of termination.

 

 

Adopted:  October 14, 1985                 

 

Reviewed:  Feb. 10, 1997    
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

COMMUNICABLE DISEASES

 

The Board of Directors believes any employee of the district with a communicable disease should be allowed to attend to their customary employment duties as long as they are physically able to perform the tasks assigned to them and as long as their employment does not create a substantial risk of transmission of the illness to other students or employees in the district.  The Board will make every effort, in light of the circumstances surrounding the employee’s individual situation, to reasonably accommodate the continued employment of the employee.

 

The Board recognizes there may be greater risks for the transmission of a communicable disease for some persons with certain conditions than for other persons infected with the same disease.  These special conditions shall be considered in assessing the risk of transmission of the disease, the effect upon the educational program,  and the effect upon the employee’s continued employment.

 

It shall be the responsibility for the superintendent of schools to notify the proper authorities, such as the Iowa State Department of Health, in accordance with Iowa law when it is found that a communicable disease exists in the school setting.  The Department shall be requested to convene an Advisory Committee to review the case and to provide recommendations regarding the permissibility of continued performance of the employee’s customary employment duties.  It shall be the responsibility of the superintendent of schools to develop procedures for excluding employees with a communicable disease from attending to their customary employment duties.  These procedures shall be based on recommendations from public health agencies and the U.S. Public Health Center for Disease Control.

 

The Board realizes the importance to others of knowing which employees in the district have a communicable disease.  However, this must be weighed against the privacy and confidentiality rights of the employee.  Public concern regarding communicable diseases is neither an excuse nor a defense for the violation of the privacy rights of employees who have or are rumored to have a communicable disease.  Health data is regarded as private data, and it is not to be disseminated to the public, to the students, or to other employees in the district without strict observance of data privacy rights.  It shall be the responsibility of the superintendent of schools to develop procedures that will respect the employee’s privacy rights.  Knowledge that an employee has a communicable disease will be limited to the Board, the superintendent of schools, the school nurse, and to whomever else the Advisory Committee recommends.

 

The Board believes that a well informed public of citizens, employees, and students utilizing good hygiene practices will minimize the risk of transmission of the disease while protecting the rights of any infected staff.  It will be the responsibility of the superintendent of schools in conjunction with the school nurse to keep the public, staff, and students informed about all communicable disease and related issues.

 

 

Adopted:  January 12, 1987                    

 

Reviewed:  March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

 

PERSONAL ILLNESS/DISABILITY LEAVE OF SUPPORT PERSONNEL

 

Support employees shall be granted leave of absence for personal illness or injury with full pay according to the terms found in the support staff handbook

 

 

Adopted:  October 14, 1985                  

 

Reviewed: Feb. 10, 1997      
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

EXTENDED ILLNESS LEAVE FOR SUPPORT PERSONNEL

 

Employees who are advised of a health condition which may require absence for more than five (5) days (e.g.: scheduled corrective surgery, pregnancy, required therapy) shall inform their immediate supervisor as soon as practical so that arrangements may be made for effective transition of responsibilities to a qualified substitute.  A statement from the physician giving approval for the employee to continue work and recommending the date on which the employee should go on leave may be required.

 

Employees on extended sick leave should report for work as soon as the individual is capable of performing duties following surgery, termination of pregnancy, or other such cause for the leave. Should there be medical reasons supported by evidence from the attending physician, the leave will be extended.  Pay provisions will be coordinated with sick leave benefits.  At any time the District may require additional statements be provided by the employee from the physician.

 

Upon returning to work, the employee must present medical evidence that he/she is physically capable of returning to work.

 

 

Adopted:  October 14, 1985                  

 

Reviewed: Feb. 10, 1997      
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

EMERGENCY LEAVE FOR SUPPORT PERSONNEL

 

The Board recognizes that certain emergencies may arise which would necessitate an absence not covered by sick leave provisions.  Emergency leave provisions are specified in the support staff handbook.

 

 

Adopted:  October 14, 1985                   

 

Reviewed:  Feb. 10, 1997   
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

FUNERAL LEAVE FOR SUPPORT PERSONNEL

 

Funeral leave may be granted according to the terms found in the support staff handbook.

 

 

Adopted:  October 14, 1985                                                                        

 

Reviewed:  Feb. 10, 1997
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

JURY DUTY FOR SUPPORT PERSONNEL

 

Leave for jury duty shall be granted according to the terms found in the support staff handbook.

 

 

Adopted:  October 14, 1985                  

 

Reviewed:  Feb. 10, 1997        
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

MILITARY SERVICE FOR SUPPORT PERSONNEL

 

Military leaves of absence shall be granted to employees under provisions of the Selective Service Act.  An employee granted a military leave of absence shall be eligible to return to a position in the district, with annual increments equivalent to the number of years spent in the service of the country.

 

 

Adopted:  October 14, 1985                                                                        

 

Reviewed:  Feb. 10, 1997   
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

UNPAID LEAVE FOR SUPPORT PERSONNEL

 

Absence without pay may be authorized by the Superintendent or his/her designee.  It shall be administered according to the terms found in the support staff handbook.

 

 

Adopted:  October 14, 1985                   

 

Reviewed:  Feb. 10, 1997     
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

HOLIDAYS FOR SUPPORT PERSONNEL

 

Paid holidays will be listed in the support staff handbook.  Holidays will be paid only to those who are regularly scheduled to work at the time of the holiday.  No employee will be paid more hours holiday pay than he/she would have been scheduled to work on that given day.

 

If an employee works on a holiday, he/she will be paid time and one-half for all hours worked.

 

 

Adopted:  October 14, 1985                   

 

Reviewed:  Feb. 10, 1997      
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

LEAVE TO RUN FOR PUBLIC OFFICE

 

The Board will provide a leave of absence to support personnel to run for elective public office.

 

The Board shall grant a support employee a leave of absence to campaign as a candidate for any elective public office in the form of accrued vacation, accrued compensatory time, if the employee qualifies for compensatory time, or leave without pay upon written request to the superintendent of schools at least 30 days prior to the starting date of the requested leave.  The support employee will be entitled to one period of leave to run for the elective public office, and the leave may commence anytime within 30 days of a contested primary, special, or general election and continue until the day following the election.  The support employee may choose to use accrued vacation, accrued compensatory time, if the employee qualifies for compensatory time, or leave without pay.

 

Adopted:  January 12, 1987                  

 

Reviewed:  Feb. 10, 1997    
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE

 

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.   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.  It is the responsibility of the superintendent to develop administrative rules to implement this policy. 

 

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding family and medical leave of such employees will be followed.

 

Legal Reference:           Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).
26 U.S.C. §§ 2601 et seq. (2006)
29 C.F.R. Pt. 825 (2006).
Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2009).
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.
1952 Op. Att'y Gen. 91.

 

Cross Reference:          405.11 Licensed Employee Family and Medical Leave

                                   

 

Approved:  August 17, 2009      

 

Reviewed:  June 20, 2011     
July 11, 2016              

COMPLAINT PROCEDURES FOR SUPPORT PERSONNEL

 

The Board of Directors believes the district support staff employees should discuss and resolve complaints they may have about the district or their job with their immediate supervisor in order to provide a speedy resolution of the complaint.

 

For all complaints regarding a violation of a Board policy or an administrative rule and which are not included in the grievance procedure of the master contract covering the employee in question, the support of the master contract covering the employee in question, the support of the master contract covering the employee in question, the support staff employee shall report the complaint to his/her immediate supervisor within five days of the alleged violation.  The alleged violation shall first be discussed with his/her immediate supervisor and resolved.

 

If the complaint cannot be resolved by the employee’s immediate supervisor, the building principal shall discuss the complaint with the support staff employee and resolve the matter.

 

If the principal cannot resolve the complaint, the support staff employee shall, within five days of the discussion regarding the complaint with the building principal, make the complaint in writing to the superintendent of schools, and arrange to discuss the matter with the superintendent.

 

Should the matter not be resolved within ten days of the discussion with the superintendent, the employee may ask to have the complaint placed on the agenda of the next Board of Directors meeting.  Action taken by the Board on the complaint shall be final.

 

 

Adopted:  January 12, 1987                   

 

Reviewed:  Feb. 10, 1997         
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

SEXUAL HARASSMENT

 

         A.     Policy.  All members of the School District, including, but not necessarily limited to, the Board, the Administration, the faculty, the staff, and the students, are expected to conduct themselves at all times so as to provide an atmosphere free from sexual harassment.  Any person who engages in sexual harassment while acting as a member of the school community will be in violation of this policy and subject to the procedures outlined below.

 

         B.     Definition of Sexual Harassment.  Unwelcome sexual advances; requests for sexual favor; or other verbal or physical conduct of a sexual nature may constitute sexual harassment where;

 

         1.      Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or educational development; or,

        

         2.      Submission to or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individual; or,

        

         3.      Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or educational performance or creating an intimidating, hostile, or offensive working or educational environment.

 

C.     The Grievance Officer.  The Superintendent shall be a sexual harassment grievance officer who will be vested with the authority and responsibility of processing all sexual harassment complaints in accordance with the procedure set out below.  In the event that the grievance officer becomes a party to a sexual harassment complaint, alternate grievance officer shall be appointed by the Board and shall assume this responsibility.

 

D.     Procedure.

 

         1.      Any member of the school community who believes that he or she has been subjected to sexual harassment shall report the incident(s) to the grievance officer.

 

         2.      The grievance officer receiving complaints shall attempt to resolve the problem in an informal manner through the following interviewing process:

 

                  a.      The  grievance officer shall confer with the charging party in order to obtain a clear understanding of that party’s statement of the facts.

 

                  b.      The grievance officer shall then attempt to meet with the charged party in order to obtain his or her response to the complaint.

 

                  c.      The grievance officer may hold as many meetings with the parties as is     necessary  to gather facts.

 

                  d.      On the basis of the grievance officer’s perception of the situation, he or she may:

                           (1)  Attempt to resolve the matter informally through conciliation.

 

                           (2)  Report the incident and transfer the record to the Superintendent or his/her designee, and so notify the parties by certified mail.

 

         3.      After reviewing the record made before the grievance officer, the Superintendent or designee may attempt to gather any more evidence necessary to decide he case, and thereafter impose any sanctions deemed appropriate, including a recommendation to the Board of Directors for termination or expulsion.

 

 

All matters involving sexual harassment complaints shall remain confidential to the extent possible.

 

 

Adopted:  October 14, 1985                  

 

Reviewed:  Feb. 10, 1997          
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

GIFTS TO SUPPORT PERSONNEL

 

The Board of Directors prohibits staff members and employees of the school district from soliciting, accepting, or receiving, either directly or indirectly, any gift having a value of $50 or more from students, parents, or other individuals.

 

The acceptance of a token of appreciation is not to be considered a violation of this policy.

 

Any gift to an employee or family member of a value which exceeds $15 shall be reported by the employee on the appropriate form provided by the District.  All such reports shall be open for public inspection.  A gift shall not include anything received from a relative within the fourth degree unless the relative is acting as an agent.

 

 

Adopted:  October 14, 1985                 

 

Reviewed:  Feb. 10, 1997          
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016

SUBSTITUTES FOR SUPPORT PERSONNEL

 

Every effort shall be made to fill temporary positions with substitutes who have preparations equal to those of the regular support personnel.  The Board shall determine the pay rate for substitute employees.

 

 

Adopted:  October 14, 1985                   

 

Reviewed:  Feb. 10, 1997         
March 12, 2001
December 19, 2005
June 20, 2011
July 11, 2016