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