Series 400 Employees

Series 400 Employees admin@iowascho… Wed, 11/28/2012 - 16:39

400 Role of and Guiding Principles for Employees

400 Role of and Guiding Principles for Employees

Code No.  400
 

ROLE OF AND GUIDING PRINCIPLES FOR EMPLOYEES

This series of the board policy manual is devoted to the board's goals and objectives for employees in the performance of their jobs.  Employees provide a variety of important services for the children of the school district community.  They may be teaching or assisting in the classroom, working in the office, maintaining the facilities, driving or repairing the school buses, or cooking lunches.  Each employee plays a vital role in providing an equal opportunity for a quality education for students commensurate with the students' individual needs.  While the teachers have the most direct impact on the formal instruction of students, all employees have an impact on the school environment by their dedication to their work and their actions.  As role models for the students, employees shall promote a cooperative, enthusiastic, and supportive learning environment for the students.

In striving to achieve a quality education program, the board's goal is to obtain and retain qualified and effective employees.  The board shall have complete discretion to determine the number, the qualifications, and the duties of the positions and the school district's standards of acceptable performance.  It shall be the responsibility of the superintendent to make recommendations to the board in these areas prior to board action.  The board recognizes its duty to bargain collectively with duly certified collective bargaining units.  To the extent a group of employees has a recognized collective bargaining unit, the provisions of the master contract regarding such topics shall prevail.

Board policies in this series relating to general employees will apply to employees regardless of their position as a licensed employee, classified employee, substitute or administrator.  Board policies relating to licensed employees will apply to positions that require a teaching license or administrator's certificate or other professional license, certificate or endorsement, unless administrative positions are specifically excluded from the policy or a more specific policy is in the 300 series, Administration.  Classified employees' policies included in this series will apply to positions that do not fall within the definition of licensed employee.

Adopted: 1.20.2020

kklaassen@hcsd… Fri, 03/06/2020 - 09:56

401 Employees and Internal Relations

401 Employees and Internal Relations mameyer@hcsdcy… Wed, 10/23/2019 - 13:42

401.01 Equal Employment Opportunity

401.01 Equal Employment Opportunity

EQUAL EMPLOYMENT OPPORTUNITY

The Harlan 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 age, color, creed, disability, gender identity, national origin, race, religion, sex, or sexual orientation. 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 Harlan Community School District is an equal employment opportunity/affirmative action 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, Harlan Community School District, Harlan, Iowa or by telephoning (712) 755-2152.

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 Equal Employment Opportunity Commissions, Milwaukee Area Office, Reuss Federal Plaza, 310 West Wisconsin Ave., Suite 800, Milwaukee, WI., 53203-2292, (800) 669-4000 or TTY (800) 669-6820. http://www.eeoc.gov/field/milwaukee/index.cfm or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or (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 (2012).

42 U.S.C. §§ 2000e et seq. (2012).
42 U.S.C. §§ 12101 et seq. (2012).
Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8 (2013).
281 I.A.C. 12.4; 14.1; 95.                              

Cross Reference:     
102 Equal Educational Opportunity
104 Bullying/Harassment
405.2 Licensed Employee Qualifications, Recruitment, Selection
411.2   Classified Employee Qualifications, Recruitment, Selection

Adopted: Unknown
Revised/Reviewed: 1.20.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 13:45

401.02 Employee Conflict of Interest

401.02 Employee Conflict of Interest

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 or board if the Superintendent is the involved party. If the approval of the Superintendent is given, the employee must conduct the solicitation within the conditions set by the Superintendent. Further, the Superintendent (or board in case of 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 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 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 is 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 uniform, business card or other evidence of office to give the employee or member of 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 of 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 in 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 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.

When procurement is supported by Federal Child Nutrition funds, employees will not participate in the selection, award, or administration of a contract if there is a real or apparent conflict of interest in the contract.  Contract, for purposes of this paragraph, includes a contract where the employee, employee’s immediate family, partner, or a non-school district employer of these individuals is a party to the contract.

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.

Legal Reference:      
7 C.F.R. 3016.36(3) (2012).
Iowa Code §§ 20.7; 68B; 279.8; 301.28 (2013).

Cross Reference:      
203 Board of Directors' Conflict of Interest
402.4 Gifts to Employees

402.7 Employee Outside Employment
404 Employee Conduct and Appearance

Adopted: Unknown
Revised/Reviewed: 1.20.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 13:45

401.03 Nepotism

401.03 Nepotism

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:      
405.2 Licensed Employee Qualifications, Recruitment Selection

411.2 Classified Employee Qualifications, Recruitment Selection

Adopted: 3.1.1979
Revised/Reviewed: 1.20.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 13:45

401.04 Employee Complaints

401.04 Employee Complaints

EMPLOYEE COMPLAINTS

Complaints of employees against fellow employees should be discussed directly between employees.  If necessary, complaints will be brought directly to the immediate supervisor, principal or superintendent and will be made in a constructive and professional manner.  Complaints will never be made in the presence of other employees, students or outside persons.

If complaint is not resolved, refer to policy 307 Communication Channels for additional information.

 

Legal Reference:       
Iowa Code §§ 279.8

Cross Reference:     
307 Communication Channels

Adopted: Unknown
Revised/Reviewed: 1.20.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 13:46

401.05 Employee Records

401.05 Employee Records

EMPLOYEE RECORDS

The school district will maintain personnel records on employees.  The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements. 

The records will include, but not be limited to, records necessary for the daily administration of the school district, salary records, evaluations, application for employment, references, and other items needed to carry out board policy.  Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility.  Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.

Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee.  The school district may charge a reasonable fee for each copy made.  Employees, however, will not be allowed access to the employment references written on behalf of the employee.  Board members will generally only have access to an employee's file when it is necessary because of an employee related matter before the board.

It is the responsibility of the superintendent to keep employees' personnel files current.  The board secretary is the custodian of employee records.

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

 

Legal Reference:       
Iowa Code chs. 20; 21; 22; 91B (2013). 

Cross Reference:     
402.1 Release of Credit Information

403 Employees' Health and Well-Being
708 Care, Maintenance and Disposal of School District Records

Adopted: 8.30.1993
Revised/Reviewed: 1.6.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 13:46

401.05.R1 Employee Records Regulation

401.05.R1 Employee Records Regulation

EMPLOYEE RECORDS – REGULATION

  1. Employee personnel records may contain the following information:
  • Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.
  • Individual employment contract
  • Evaluations
  • Applications, resume and references
  • Salary information
  • Copy of the employee’s license or certificate, if needed for the position
  • Educational transcripts
  • Assignment
  • Records of disciplinary matters
  1. Employee health and medical records shall be kept in a file separate from the employee’s personnel records.Health and medical records may contain, but are not limited to:
  • Medical professional signed physical form.
  • Sick or long-term disability leave days.
  • Worker’s compensation claims
  • Reasonable accommodation made by the school district to accommodate the employee’s disability
  • Employee’s medical history
  • Employee emergency names and numbers
  • Family and medical leave request forms

 Applicant File Records Content

Records on applicants for positions with the school district shall be maintained in the central administration office. The records shall include, but not be limited to:

  • Applicant for employment
  • Resume
  • References
  • Evidence of appropriate license or certificate, if necessary, for the position for which the individual applied
  • Affirmative action form, if submitted



Record Access

Only authorized school officials shall have access to an employee’s records without the written consent of the employee.  Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary.  In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee’s health or medical file without the consent of the employee.  Board members will generally only have access to an employee’s personnel file without the consent of the employee when necessary for the conducting of board business.

Confidential records include, but are not necessarily limited to, birth dates, addresses, gender, employment applications, performance evaluations and individual test scores.

Employee Record Retention

All employee records, except payroll and salary records, shall be maintained for a minimum of seven years after termination of employment with the district.  Applicant records shall be maintained for a minimum of seven years after the position was filled.  Payroll and salary records shall be maintained for a minimum of three years after payment.

 

mameyer@hcsdcy… Wed, 10/23/2019 - 13:46

401.06 Limitations to Employment References

401.06 Limitations to Employment References

 LIMITATIONS TO EMPLOYMENT REFERENCES

The district believes in taking appropriate measures to promote the health and welfare of all students.  Any school employee, contractor, or agent shall not assist another school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law. 

 This limitation does not apply if the matter has been properly reported to law enforcement and any other regulatory authorities required by law, and either:

·        the matter has been officially closed by the law enforcement agency;

·        the individual is acquitted or otherwise exonerated of the alleged misconduct; or

·        more than four years has passed since the case was opened, and no charges or indictment have been filed.
    

Legal References:     
20 U.S.C. §7926
281 I.A.C. 12.3(14)

 

Cross References:     
401.5 Employee Records
402.2 Child Abuse Reporting

402.3 Abuse of Students by School District Employees
405.2 Licensed Employee Qualifications, Recruitment, Selection

411.2 Classified Employee Qualifications, Recruitment, Selection

Adopted: 1.20.2020

kklaassen@hcsd… Fri, 03/06/2020 - 10:24

401.07 Employee Travel Compensation

401.07 Employee Travel Compensation

EMPLOYEE TRAVEL COMPENSATION

Employees traveling on behalf of the school district and performing approved school business will be reimbursed for their actual and necessary expenses.  Whenever possible travel should be made in a school district vehicle.  Actual and necessary travel expense will include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses, and registration. 

Travel Outside the School District

Travel outside of the school district must be pre-approved. Pre-approval will include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business.  Travel outside the school district by employees, other than the superintendent, is pre-approved by the superintendent or an immediate supervisor. 

Reimbursement for actual and necessary expenses may be allowed for travel outside the school district if the employee received pre-approval for the travel.  Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed itemized receipt, indicating the date, purpose, and nature of the expense for each claim item.  In exceptional circumstances, the superintendent may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances is maintained as part of the school district's record of the claim. 

Failure to have a detailed, itemized receipt will make the expense a personal expense.  Personal expenses, including mileage, in excess of that required for the trip are reimbursed by the employee to the school district no later than 10 working days following the date of the expense.

Reimbursement for actual and necessary expenses allowed for travel outside the school district will be limited to the pre-approved expenses. Pre-approved expenses for registration are limited to the actual cost of the registration. 

Pre-approved expenses for transportation within 300 miles of the school district administrative office will be by automobile. Travel should be made in a school district vehicle, however, if a school district vehicle is not available, the employee will be reimbursed mileage at the rate of $.39/mile.  Travel to/from home and work is never a reimbursable travel expense.  Pre-approved expenses for transportation outside of 300 miles of the administrative office shall be by public carrier.  Reimbursement for air travel shall be at the tourist class fares.  Should an employee choose to travel by automobile, reimbursement shall be the lesser of $.39/mile or the cost of the public carrier amount.  Pre-approved expenses for transportation in a rental car is limited to the cost of a Class "C" rental car at a medium-priced agency unless the number of people traveling on behalf of the school district warrant a larger vehicle.

Pre-approved expenses for lodging is limited to the rate of a medium priced hotel in the area for out of state travel and the state approved rate for lodging within the state; lodging may be approved for a larger amount if special circumstances require the employee to stay at a particular hotel.

Reimbursement for actual meal expenses for travel outside the school district will be limited to the pre-approved expenses for allowable meal expenses. Allowable expenses for meals shall be the reasonable actual costs, verified with receipts. Pre-approved expenses for meals within the state are limited to $30/per day with an overnight stay.  Expenses for meals outside the state are subject to the rate of $45/per day with an overnight stay.  Meals may be pre-approved for a larger amount at the discretion of the board. 

Adopted 8.26.1991
Revised/Reviewed: 1.20.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 13:47

401.08 Recognition for Service of Employees

401.08 Recognition for Service of Employees

RECOGNITION FOR SERVICE OF EMPLOYEES

The board recognizes and appreciates the service of its employees.  Employees who retire or resign may be honored by the board, administration and staff in an appropriate manner. 

If the form of honor thought appropriate by the administration and employees involves unusual expense to the school district, the superintendent will seek prior approval from the board. 

Legal Reference:      
Iowa Const. Art. III, § 31.
Iowa Code § 279.8 (2013).
1980 Op. Att'y Gen. 102. 

 

Cross Reference:      
407      Licensed Employee Termination of Employment
413      Classified Employee Termination of Employment

Adopted: 1.20.2020

kklaassen@hcsd… Fri, 03/06/2020 - 10:34

401.09 Employee Political Activity

401.09 Employee Political Activity

EMPLOYEE POLITICAL ACTIVITY

Employees will not engage in political activity upon property under the jurisdiction of the board including the use of school district e-mail accounts.  Activities including, but not limited to, posting of political circulars or petitions, the distribution of political circulars or petitions, the collection of or solicitation for campaign funds, solicitation for campaign workers, general information regarding elections or ballot issues and the use of students for writing or addressing political materials, or the distribution of such materials to or by students are specifically prohibited.

Violation of this policy may be grounds for disciplinary action.

Legal Reference:       
Iowa Code §§ 55; 279.8 (2013).

Cross Reference:      
409.5   Licensed Employee Political Leave
414.5   Classified Employee Political Leave

Adopted: Unknown
Revised/Reviewed: 1.20.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 13:47

401.10 Credit Cards

401.10 Credit Cards

CREDIT AND PROCUREMENT CARDS

Employees may use school district credit cards and/or procurement cards (p-cards) for the actual and necessary expenses incurred in the performance of work-related duties.  Actual and necessary expenses incurred in the performance of work-related duties include, but are not limited to travel expenses related to professional development or fulfillment of required job duties, fuel for school district transportation vehicles used for transporting students to and from school and for school-sponsored events, payment of claims related to professional development of the board and employees, and other expenses required by employees and the board in the performance of their duties.

Employees and officers using a school district credit or procurement card must submit a detailed, itemized receipt in addition to a credit or procurement card receipt indicating the date, purpose and nature of the expense for each claim item.  Failure to provide a proper receipt will make the employee responsible for expenses incurred.  Those expenses are reimbursed to the school district no later than ten working days following use of the school district's credit or procurement card.  In exceptional circumstances, the superintendent or board may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances is maintained as part of the school district's record of the claim.

The school district may maintain a school district credit or procurement card for actual and necessary expenses incurred by employees and officers in the performance of their duties.  The superintendent may maintain a school district credit or procurement card for actual and necessary expenses incurred in the performance of the superintendent's duties.  The transportation director may maintain a school district credit card for fueling school district transportation vehicles in accordance with board policy.

It is the responsibility of the superintendent to determine whether the school district credit or procurement card use is for appropriate school business.  It is the responsibility of the board to determine through the audit and approval process of the board whether the school district credit or procurement card used by the superintendent and the board is for appropriate school business.

The superintendent is responsible for developing administrative regulations regarding actual and necessary expenses and use of a school district credit or procurement card.  The administrative regulations will include the appropriate forms to be filed for obtaining a credit or procurement card. 

Legal Reference:      
Iowa Constitution, Art. III, § 31.

Iowa Code §§ 279.8, .29, .30 (2013).
281 I.A.C. 12.3(1).

Cross Reference:      
216.3 Board of Directors' Member Compensation and Expenses
401.7 Employee Travel Compensation

Adopted: Unknown
Revised/Reviewed: 1.20.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 14:28

401.11 Employee Orientation

401.11 Employee Orientation

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. 

 

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

191 I.A.C. 74.

Cross Reference:      
404 Employee Conduct and Appearance

406 Licensed Employee Compensation and Benefits
412 Classified Employee Compensation and Benefits

Adopted: Unknown
Revised/Reviewed: 1.6.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 14:29

401.12 Employee use of Cell Phones

401.12 Employee use of Cell Phones

EMPLOYEE USE OF CELL PHONES

The use of cell phones and other communication devices may be appropriate to provide for the effective and efficient operation of the School District and to help ensure safety and security of people and property while on School District property or engaged in school-sponsored activities.

The Board authorizes the purchase and employee use of cell phones as deemed appropriate by the superintendent.  School district owned cell phones shall be used for school district business purposes, consistent with the school district’s mission and goals. School district-owned cell phones may be used for purposes other than school district business when employees are not performing contractual obligations. All use of district-owned cell phones, whether for professional or personal reasons, must be in accordance with the Board of Educational Examiners Professional Code of Ethics. Use of cell phones in violation of Board policies, administrative regulations, and/or state/federal laws will result in discipline, up to and including dismissal, and referral to law enforcement officials, as appropriate.

The superintendent is directed to develop administrative regulations for the implementation of this policy, including a uniform and controlled system for identifying employee cell phone needs, monitoring use and reimbursement. Provisions may also be included for staff use of privately owned cell phones for authorized school district business.

Employees may possess and use cell phones during the school day as outlined in this policy and as provided in the administrative regulations developed by the superintendent.  Employees may use cell phones for personal business while on-duty, provided that such use is consistent with administrative regulations developed by the superintendent. Employees while driving on school district-related business or activities and the vehicle is in any gear other than “Park”, may use cell phones only to conduct school district-related business or for emergency situations, and only if the cell phone is used in a hands-free mode. All employee use of cell phones while driving must comply with applicable state and federal laws.

Cell phones are not to be used for conversations involving confidential student or employee information. School district-provided cell phones devises are not to be loaned to others.

Any employee operating a school owed vehicle, including bus drivers, are allowed to use the 2-way radio and/or a cell phone for school related business and in the case of an emergency. Texting while operating a school owned vehicle remains prohibited by Harlan Community School district and state law as per Iowa Code.

Employees violating the policy will be subject to discipline, up to and including, discharge.  It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

 

mameyer@hcsdcy… Wed, 10/23/2019 - 14:29

401.12.R1 Employee Use of Cell Phones Regulation

401.12.R1 Employee Use of Cell Phones Regulation

EMPLOYEE USE OF CELL PHONES ADMINISTRATIVE REGULATION

 Cell Phone Usage

  1. Cell phones shall be used in a manner that does not disrupt instruction and should not be used during school-sponsored programs, meetings, in-services, or other events where there exists a reasonable expectation of quiet attentiveness unless there is a reason of personal health or safety involved.
  2. Cell phones should not be used to transmit confidential information either verbally or written.
  3. Employees may use cell phones while they are driving on school district-related business or activities and the vehicle is in any gear other than “Park”, only to conduct school district-related business or for emergency situations, and only if the cell phone is used in a hands-free mode.  All employee use of cell phones while driving must comply with applicable state and federal laws
  4. School district owned cell phones are provided to carry out official school district business. School district-owned cell phones may be used for purposes other than school district business when employees are not performing contractual obligations. All use of district-owned cell phones whether for professional or personal reasons, must be in accordance with the Board of Educational Examiners Professional Code of Ethics.
  5. Employees issued a call phone are responsible for its safekeeping at all times.  Defective, lost or stolen cell phones are to be reported immediately to the superintendent who will in turn notify the service provider.  Reckless or irresponsible use of school district equipment, resulting in loss or damage may result in the employee having to reimburse the school district for any associated costs of replacement or repair.

 Cell Phone Authorization - School district-provided cell phones may be purchased and authorized for staff use by the superintendent of schools in accordance with the following guidelines: 

Cell phones may be assigned or made available on a temporary or permanent basis, by the superintendent, when it is determined any or all of the below conditions are met:

  1. The assignment of a cell phone device to the employee is a prudent use of school district resources.
  2. The employee’s job responsibilities requires the ability to communicate frequently and access to a school district or public telephone is not readily available.
  3. The employee’s job involves situations where immediate communication is necessary to ensure the safety of individuals and security of school district property.
mameyer@hcsdcy… Wed, 10/23/2019 - 14:29

401.13 Staff Technology Use/Social Networking

401.13 Staff Technology Use/Social Networking

STAFF TECHNOLOGY USE POLICY

Technology in the form of computers, cell phones, mobile tablets, etc. are  powerful and valuable education and research tools and, as such, are an important part of the instructional program. In addition, the school district depends upon technology such as this as an integral part of administering and managing the schools’ resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies and materials. This policy outlines the board’s expectations in regard to these different aspects of the school district’s technology resources. Employees must conduct themselves in a manner that does not disrupt from or disrupt the educational process and failure to do so will result in discipline, up to and including, discharge.

General Provisions

The superintendent is responsible for designating a District Technology Director who will oversee the use of school district technology resources. The District Technology Director will prepare in-service programs for the training and development of school district staff in technology skills, appropriate use of technology and for the incorporation of technology use in subject areas.

The superintendent, working with appropriate staff, shall establish regulations governing the use and security of the school district’s technology resources. The school district will make every reasonable effort to maintain the security of the system. All users of the school district’s technology resources, including students, staff and volunteers, shall comply with this policy and regulation, as well as others impacting the use of school equipment and facilities. Failure to comply may result in disciplinary action, up to and including discharge, as well as suspension and/or revocation of technology access privileges.     

Usage of the school district’s technology resources is a privilege, not a right, and that use entails responsibility. All information on the school district’s computer network is considered a public record. Whether there is an exception to keep some narrow, specific content within the information confidential is determined on a case by case basis. Therefore, users of the school district’s computer network must not expect, nor does the school district guarantee, privacy for e-mail or use of the school district’s computer network including web sites visited. The school district reserves the right to access and view any material stored on school district equipment or any material used in conjunction with the school district’s computer network. 

The superintendent, working with the appropriate staff, shall establish procedures governing management of electronic records in order to exercise appropriate control over electronic records, including financial, personnel and student information. The procedures will address: 

  • passwords,
  • system administration,
  • separation of duties,
  • remote access,
  • data back-up (including archiving of e-mail),
  • record retention, and
  • disaster recovery plans.

Social Networking or Other External Web Sites

For purposes of this policy any web site, other than the school district web site or school-school district sanctioned web sites, are considered external web sites. Employees shall not post confidential or proprietary information, including photographic images, about the school district, its employees, students, agents or others on any external web site without consent of the superintendent. The employee shall adhere to all applicable privacy and confidentiality policies adopted by the school district when on external web sites. Employees shall not use the school district logos, images, iconography, etc. on external web sites without consent of the superintendent. Employees, students and volunteers need to realize that the Internet is not a closed system and anything posted on an external site may be viewed by others, all over the world. Employees, students and volunteers who don’t want others to know their personal information, should refrain from exposing it on the Internet. Employees should not connect with students via external web sites without consent of the superintendent. Employees, who would like to create an external web site or start a social media site for school district sanctioned activities, should contact the superintendent for consent and register the site with the District Technology Director.

It is the responsibility of the superintendent to develop administrative regulations implementing this policy.

Legal Reference:       
Iowa Code § 279.8 (2011).

281 I.A.C. 13.35, .26

 

mameyer@hcsdcy… Wed, 10/23/2019 - 14:30

401.13.R1 Staff Technology Use/Social Networking Regulation

401.13.R1 Staff Technology Use/Social Networking Regulation

Staff Technology Use Regulation

General

The following rules and regulations govern the use of the school district's computer network system, employee access to the Internet, and management of computerized records:

  • Employees will be issued a school district e-mail account. Passwords must be changed periodically.
  • Each individual in whose name an access account is issued is responsible at all times for its proper use.Proper use includes ensuring that access account information is known to and used solely by the individual to whom the account was issued.
  • Employees are expected to review their e-mail regularly throughout the day, and shall reply promptly to inquiries with information that the employee can reasonably be expected to provide.
  • Communications with parents and/or students must be made using a school district account, unless in the case of an emergency, and should be saved and the school district will archive the e-mail records according to procedures developed by the District Technology Director.
  • Use of the school district technology and school e-mail address may be considered public record.
  • Use of technology resources in ways that violate the acceptable use and conduct regulation, outlined below, will be subject to discipline, up to and including discharge.
  • Use of the school district’s computer network is a privilege, not a right.Inappropriate use may result in the suspension or revocation of that privilege.
  • Off-site access to the school district computer network will be determined by the superintendent in conjunction with appropriate personnel.
  • All network users are expected to abide by the generally accepted rules of network etiquette. This includes being polite and using only appropriate language. Abusive language, vulgarities and swear words are all inappropriate.
  • Network users identifying a security problem on the school district's network must notify appropriate staff. Any network user identified as a security risk or having a history of violations of school district technology use guidelines may be denied access to the school district's network.

Prohibited Activity and Uses

The following is a list of prohibited activity for all employees concerning use of the school district's computer network. Any violation of these prohibitions may result in discipline, up to and including discharge, or other appropriate penalty, including suspension or revocation of a user's access to the network.

  • Using the network for commercial activity, including advertising, or personal or corporate profit or gain.
  • Infringing on any copyrights or other intellectual property rights, including copying, installing, receiving, transmitting or making available any copyrighted software, music, or video on the school district computer network. See Policy, Use of Information Resources for more information.
  • Using the network to receive, transmit or make available to others obscene, offensive, or sexually explicit material.
  • Using the network to receive, transmit or make available to others messages that are racist, sexist, and abusive or harassing to others.
  • Use of another’s account or password.
  • Attempting to read, delete, copy or modify the electronic mail (e-mail) of other system users.
  • Forging or attempting to forge e-mail messages.
  • Engaging in vandalism. Vandalism is defined as any malicious attempt to harm or destroy school district equipment or materials, data of another user of the school district’s network or of any of the entities or other networks that are connected to the Internet. This includes, but is not limited to, creating and/or placing a computer virus on the network.
  • Using the network to send anonymous messages or files.
  • Revealing the personal address, telephone number or other personal information of oneself or another person.
  • Intentionally disrupting network traffic or crashing the network and connected systems.
  • Installing personal software or using personal disks on the school district’s computers and/or network without the permission of the District Technology Director.
  • Using the network in a fashion inconsistent with directions from teachers and other staff and generally accepted network etiquette.

Other Technology Issues

Employees should contact students and their parents using a school district approved phone or account unless in the case of an emergency or with prior consent of the principal. Employees should not release their personal cell phone number, personal e-mail address, etc. to students or their parents unless they have prior consent of the principal. Employees, who are coaches or sponsors of activities, may create a text list of students and parents in order to communicate more effectively as long as the texts go to all students and the principal or a school district electronic mail account is included in the text address list.

mameyer@hcsdcy… Wed, 10/23/2019 - 14:30

402 Employees and Outside Relations

402 Employees and Outside Relations mameyer@hcsdcy… Wed, 10/23/2019 - 14:37

402.01 Release of Credit Information

402.01 Release of Credit Information

RELEASE OF CREDIT INFORMATION

The following information will be released to an entity with whom an employee has applied for credit or has obtained credit:  title of position, income, and number of years employed.  This information will be released without prior written notice to the employee.  Confidential information about the employee will be released to an inquiring creditor only with a written authorization from the employee. 

It is the responsibility of the board secretary or superintendent to respond to inquiries from creditors.
   

Legal Reference:      
Iowa Code §§ 22.7; 279.8 (2013).

Cross Reference:      
401.5   Employee Records

Adopted: 1.20.2020

kklaassen@hcsd… Fri, 03/06/2020 - 11:06

402.02 Child Abuse Reporting

402.02 Child Abuse Reporting

CHILD ABUSE REPORTING

In compliance with state law and to provide protection to victims of child abuse, the board believes incidents of alleged child abuse should be reported to the proper authorities. All licensed school employees, teachers, coaches and paraeducators are mandatory reporters as provided by law and are to report alleged incidents of child abuse they become aware of within the scope of their professional duties.

When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter shall make an oral report of the suspected child abuse to the Iowa Department of Human Services within 24 hours of becoming aware of the abusive incident and shall make a written report to the Iowa Department of Human Services within 48 hours following the oral report. If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency will also be notified.

Within six months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse, or submit evidence they’ve taken the course within the previous three years.  After July 1, 2019, employees who have previously taken mandatory reporter training will be required to take the two-hour training course before the expiration of their current training certificate.  Once the training course has been taken, the certificate will remain valid for three years.  Employees who have taken the post-July 1, 2019 two-hour training course will take the one-hour follow up training course every three years and prior to the expiration of their certificate. The course will be re-taken at least every five years.

  

Legal Reference:      
Iowa Code §§ 232.67-.77; 232A; 235A; 280.17.
441 I.A.C. 9.2; 155; 175.                              

Cross Reference:      
402.3   Abuse of Students by School District Employees
502.9   Interviews of Students by Outside Agencies
507      Student Health and Well-Being

Adopted: 1.20.2020

kklaassen@hcsd… Fri, 03/06/2020 - 11:12

402.03 Abuse of Student by School District Employee

402.03 Abuse of Student by School District Employee

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 are listed in the student handbook published annually in the local newspaper and posted in all school facilities.

The superintendent is responsible for drafting administrative regulations to implement this policy.

Legal Reference:      
Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1) (2013).

281 I.A.C. 12.3(6), 102; 103.
441 I.A.C. 155; 175.
1980 Op. Att'y Gen. 275.

Cross Reference:                 
104 Bullying/Harassment

402.2 Child Abuse Reporting
503.5 Corporal Punishment

Adopted: Unknown
Revised/Reviewed: 1.6.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 14:38

402.04 Gifts to Employees

402.04 Gifts to Employees

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, a 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 nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or,

                 •   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 or material relevant to an employee's official functions, 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 services;
  • 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 for purposes of a business or educational conference, seminar or other meeting 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 for purposes of a business or educational conference, seminar or other meeting;
  • Funeral flowers or memorials to a church or nonprofit organization;
  • 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;
  • Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;
  • 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 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 of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local officials or employees;
  • Payment of salary or expenses by the School District for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council, or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or
  • Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions.  The costs of food, drink, lodging and travel are not "registration costs" under this paragraph.  Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.     

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

Legal References:                 
Iowa Code  ch. 68B

1972 Op. Att'y Gen. 276.
1970 Op. Att'y Gen. 319.

Cross References:                 
217      Gifts to Board of Directors

401.2   Employee Conflict of Interest
704.4   Gifts-Grants-Bequests

Adopted: 9.28.1992
Revised/Reviewed: 1.20.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 14:38

402.06 Employee Outside Employment

402.06 Employee Outside Employment

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 is 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.

  

Legal Reference:      
Iowa Code §§ 20.7; 279.8 (2013). 

Cross Reference:      
401.2   Employee Conflict of Interest
408.3   Licensed Employee Tutoring

Adopted: 1.20.2020 

kklaassen@hcsd… Fri, 03/06/2020 - 12:40

403 Employees' Health and Well-Being

403 Employees' Health and Well-Being mameyer@hcsdcy… Wed, 10/23/2019 - 14:38

403.01 Employee Physical Examinations

403.01 Employee Physical Examinations

 EMPLOYEE PHYSICAL EXAMINATIONS

The Harlan Community School District believes good health is important to job performance. School bus drivers will present evidence of good health upon initial hire and every other year in the form of a physical examination report, unless otherwise required by law or medical opinion.

The cost of the initial examination will be paid by the school district. The form indicating the employee is able to perform the duties, with or without reasonable accommodation, for which the employee was hired, must be returned prior to the performance of duties. The cost of bus driver renewal physicals will be paid by the school district at the school designated provider cost. The school district will provide the standard examination form to be completed by the personal physician of the employee or a certified medical examiner for bus drivers. 

Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations to the extent job-related and consistent with business necessity, when requested to do so, at the expense of the school district.

The district will comply with occupational safety and health requirements as applicable to its employees in accordance with law.

Legal Reference:      
29 C.F.R. § 1910.1030.
49 C.F.R. §§ 391.41 – 391.49.

Iowa Code §§ 20; 279.8; 321.376.
281 I.A.C. 43.15; 43.17.

Cross Reference:      
403      Employees' Health and Well-Being

Adopted: 1.20.2020

kklaassen@hcsd… Fri, 03/06/2020 - 12:53

403.03 Communicable Diseases-Employees

403.03 Communicable Diseases-Employees

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" will 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 is included in the school district's bloodborne pathogens exposure control plan.  The procedures will 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 is reviewed annually by the superintendent and school nurse.

The health risk to immunodepressed employees is 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 is determined on a case-by-case basis by the employee's personal physician, a physician chosen by the school district or public health officials.

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

It is the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with employees with a communicable disease.

Legal Reference:         
School Board of Nassau County v. Arline, 480 U.S. 273 (1987).

29 U.S.C. §§ 794, 1910 (2012).
42 U.S.C. §§ 12101 et seq. (2012).
45 C.F.R. Pt. 84.3 (2012).
Iowa Code chs. 139(a); 141(a) (2013).
641 I.A.C. 1.2-.7.

Cross Reference:         
401.5    Employee Records

403.1    Employee Physical Examinations
507.3    Communicable Diseases - Students

Adopted: 1.30.1989
Revised/Reviewed: 1.6.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 14:39

403.03.E1 Hepatitis B Vaccine Information and Record

403.03.E1 Hepatitis B Vaccine Information and Record

HEPATITIS B VACCINE INFORMATION AND RECORD 

The Disease 

Hepatitis B is a viral infection caused by the Hepatitis B virus (HBV) which causes death in 1-2% of those infected.  Most people with HBV recover completely, but approximately 5-10% become chronic carriers of the virus.  Most of these people have no symptoms, but can continue to transmit the disease to others.  Some may develop chronic active hepatitis and cirrhosis.  HBV may be a causative factor in the development of liver cancer.  Immunization against HBV can prevent acute hepatitis and its complications.

The Vaccine

The HBV vaccine is produced from yeast cells.  It has been extensively tested for safety and effectiveness in large scale clinical trials.

Approximately 90 percent of healthy people who receive two doses of the vaccine and a third dose as a booster achieve high levels of surface antibody (anti-HBs) and protection against the virus.  The HBV vaccine is recommended for workers with potential for contact with blood or body fluids.  Full immunization requires three doses of the vaccine over a six-month period, although some persons may not develop immunity even after three doses.

There is no evidence that the vaccine has ever caused Hepatitis B.  However, persons who have been infected with HBV prior to receiving the vaccine may go on to develop clinical hepatitis in spite of immunization.

Dosage and Administration

The vaccine is given in three intramuscular doses in the deltoid muscle.  Two initial doses are given one month apart and the third dose is given six months after the first.

Possible Vaccine Side Effects

The incidence of side effects is very low.  No serious side effects have been reported with the vaccine.  Ten to 20 percent of people experience tenderness and redness at the site of injection and low grade fever.  Rash, nausea, joint pain, and mild fatigue have also been reported.  The possibility exists that other side effects may be identified with more extensive use.

 

 CONSENT FORM OF HEPATITIS B VACCINATION

I have knowledge of Hepatitis B and Hepatitis B vaccination.  I have had an opportunity to ask questions of a qualified nurse or physician and understand the benefits and risks of Hepatitis B vaccination.  I understand that I must have three doses of the vaccine to obtain immunity. 

However, as with all medical treatment, there is no guarantee that I will become immune or that I will not experience side effects from the vaccine.  I give my consent to be vaccinated for Hepatitis B.

Signature of Employee (consent for Hepatitis B vaccination): ____________________________

Date: ____________________________

Signature of Witness: _____________________________________

Date: _______________________

 

REFUSAL FORM OF HEPATITIS B VACCINATION

I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring Hepatitis B virus infection.  I have been given the opportunity to be vaccinated with Hepatitis B vaccine at no charge to myself.  However, I decline the Hepatitis B vaccination at this time.  I understand that by declining this vaccine, I continue to be at risk of acquiring Hepatitis B, a serious disease.  If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with the Hepatitis B vaccine, I can receive the vaccination series at no charge to me.

Signature of Employee (refusal for Hepatitis B vaccination): ____________________________

Date: ____________________________

Signature of Witness: _____________________________________

Date: _______________________

I refuse because I believe I have (check one)

  • started the series              
  • completed the series

 

RELEASE FORM FOR HEPATITIS B MEDICAL INFORMATION

I hereby authorize                                           (individual or organization holding Hepatitis B records and address) to release to the Harlan Community School District, my Hepatitis B vaccination records for required employee records.

I hereby authorize the release of my Hepatitis B status to a health care provider, in the event of an exposure incident.

Signature of Employee: ________________________________

Date: ______________

Signature of Witness: _________________________________

Date: ______________

 

CONFIDENTIAL RECORD

Employee Name (last, first, middle): ____________________________________________

Social Security No.: _____________________

Job Title: __________________________________________________

 

Hepatitis B Vaccination Date

Lot Number

Site

Administered by

1

 

 

 

 

2

 

 

 

 

3

 

 

 

 

Additional Hepatitis B status information: ___________________________________________

Post-exposure incident (Date, time, circumstances, route under which exposure occurred): ____

____________________________________________________________________________

Identification and documentation of the source individual: ______________________________

Source blood testing consent: ___________________________________________________

Description of employee’s duties as related to the exposure incident: _____________________

Copy of information provided to health care professional evaluating an employee after an exposure incident: __________________________________________________________

Attach a copy of all results of examinations, medical testing, follow-up procedures, and health care professional’s written opinion.

Training Record (date, time, instructor, location of training summary): _____________________

mameyer@hcsdcy… Fri, 03/06/2020 - 14:46

403.03.R1 Universal Precautions Regulation

403.03.R1 Universal Precautions Regulation

UNIVERSAL PRECAUTIONS REGULATION

Universal precautions (UP) are intended to prevent transmission of infection, as well as decrease the risk of exposure for employees and students.  It is not currently possible to identify all infected individuals, thus precautions must be used with every individual.  UP pertain to blood and other potentially infectious materials (OPIM) containing blood. These precautions do not apply to other body fluids and wastes (OBFW) such as saliva, sputum, feces, tears, nasal secretion, vomitus and urine unless blood is visible in the material.  However, these OBFW can be sources of other infections and should be handled as if they are infectious.  The single most important step in preventing exposure to and transmission of any infection is anticipating potential contact with infectious materials in routine as well as emergency situations.  Based on the type of possible contact, employees and students should be prepared to use the appropriate precautions prior to the contact. Diligent and proper hand washing, the use of barriers, appropriate disposal of waste products and needles, and proper decontamination of spills are essential techniques of infection control.  All individuals should respond to situations practicing UP followed by the activation of the school response team plan.  Using common sense in the application of these measures will enhance protection of employees and students.

Hand Washing

Proper hand washing is crucial to preventing the spread of infection.  Textured jewelry on the hands or wrists should be removed prior to washing and kept off until completion of the procedure and the hands are rewashed.  Use of running water, lathering with soap and using friction to clean all hand surfaces is key.  Rinse well with running water and dry hands with paper towels. 

  • Hands should be washed before physical contact with individuals and after contact is completed.
  • Hands should be washed after contact with any used equipment.
  • If hands (or other skin) come into contact with blood or body fluids, hands should be washed immediately before touching anything else.
  • Hands should be washed whether gloves are worn or not and, if gloves are worn, after the gloves are removed

Barriers

Barriers anticipated to be used at school include disposable gloves, absorbent materials and resuscitation devices.  Their use is intended to reduce the risk of contact with blood and body fluids as well as to control the spread of infectious agents from individual to individual.  Gloves should be worn when in contact with blood, OPIM or OBFW.  Gloves should be removed without touching the outside and disposed of after each use.

Disposal of Waste 

Blood, OPIM, OBFW, used gloves, barriers and absorbent materials should be placed in a plastic bag and disposed of in the usual procedure.  When the blood or OPIM is liquid, semi-liquid or caked with dried blood, it is not absorbed in materials, and is capable of releasing the substance if compressed, special disposal as regulated waste is required.  A Band-Aid, towel, sanitary napkin or other absorbed waste that does not have the potential of releasing the waste if compressed would not be considered regulated waste.  It is anticipated that schools would only have regulated waste in the case of a severe incident.  Needles, syringes and other sharp disposable objects should be placed in special puncture-proof containers and disposed of as regulated waste.  Bodily wastes such as urine, vomitus or feces should be disposed of in the sanitary sewer system.

Clean Up

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

  • Wear gloves.
  • Clean up the spill with paper towels or other absorbent material.
  • Use a solution of one part household bleach to one hundred parts of water (1:100) or other EPA-approved disinfectant and use it to wash the area as well.
  •  Dispose of gloves, soiled towels and other waste in a plastic bag.
  •  Clean and disinfect reusable supplies and equipment. 

Laundry

Laundry with blood or OPIM should be handled as little as possible with a minimum of agitation.  It should be bagged at the location.  If it has the potential of releasing the substance when compacted, regulated waste guidelines should be followed.  Employees who have contact with this laundry should wear protective barriers.

Exposure

An exposure to blood or OPIM through contact with broken skin, mucous membrane or by needle or sharp stick requires immediate washing, reporting and follow-up. 

  • Always wash the exposed area immediately with soap and water.
  • If a mucous membrane splash (eye or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly.
  • If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.

The exposure should be reported immediately, the parent or guardian is notified, and the person exposed contacts a physician for further health care. 

Adopted: 1.30.1989
Revised/Reviewed: 1.6.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 14:39

403.04 Hazardous Chemical Disclosure

403.04 Hazardous Chemical Disclosure

HAZARDOUS CHEMICAL DISCLOSURE

The board authorized the development of a comprehensive hazardous chemical communication program for the school district to disseminate information about hazardous chemicals in the workplace.

Each employee will review this information about hazardous substances annually.  When a new employee is hired or transferred to a new position or work site, the information and training, if necessary, is included in the orientation of the employee.  When an additional hazardous substance enters the workplace, information about it is distributed to all employees, and training is conducted for the appropriate employees.  The superintendent will maintain a file indicating which hazardous substances are present in the workplace and when training and information sessions takes place.

Employees who will be instructing or otherwise working with students will disseminate information about the hazardous chemicals they will be working with as part of the instructional program. 

It is the responsibility of the superintendent to develop administrative regulations regarding this program.   

Legal reference:                    
29 C.F.R. Pt. 1910; 1200 et seq. (2012).
Iowa Code chs. 88; 89B (2013).
347 I.A.C. 120.

Cross Reference:      
403      Employees' Health and Well-Being

804      Safety Program

Adopted: 1.30.1989
Revised/Reviewed: 1.20.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 14:39

403.05 Substance-Free Workplace

403.05 Substance-Free Workplace

SUBSTANCE-FREE WORKPLACE

The board expects the school district and its employees to remain substance free.  No employee will unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of, in the workplace, any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcoholic beverage as defined by federal or state law.  "Workplace" includes school district facilities, school district premises or school district vehicle, also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event 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.

If an employee is convicted of a violation of any criminal drug offense committed in the workplace, the employee will notify the employee's supervisor of the conviction within five days of the conviction.

The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee.  An employee who violates the terms of this policy may be subject to discipline up to and including termination.  An employee who violates this policy may be required to successfully participate in a substance abuse treatment program approved by the board.  If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination. 

The superintendent is responsible for publication and dissemination of this policy to each employee.  In addition, the superintendent will oversee the establishment of a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment programs.

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

Legal Reference:      
41 U.S.C. §§ 81 (2012).

42 U.S.C. §§ 12101 et seq. (2012).
34 C.F.R. Pt. 85 (2012).
Iowa Code §§ 123.46; 124; 279.8 (2013).

Cross Reference:      
404 Employee Conduct and Appearance

Adopted: 6.26.1989
Revised/Reviewed: 1.20.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 14:40

403.05.E1 Substance-Free Workplace Notice to Employees

403.05.E1 Substance-Free Workplace Notice to Employees

SUBSTANCE-FREE WORKPLACE NOTICE TO EMPLOYEES 

EMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace policy for an employee to unlawfully manufacture, distribute, dispense, possess use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcohol, as defined in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 and Iowa Code Chapter 124. 

“Workplace” is defined as the site for the performance of work done in the capacity as an employee.  This includes school district facilities, other school premises or school district vehicles.  Workplace also includes non-school property if the employee is at any school sponsored, school approved or school related activity, event 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.

Employees who violate the terms of the Substance-Free Workplace policy may be required to successfully participate in a substance abuse treatment program approved by the Board.  The superintendent retains the discretion to discipline an employee for violation of the Substance-Free workplace policy.  If the employee fails to successfully participate in such a program or there are multiple violations of this policy the employee shall be subject to discipline up to and including termination. 

EMPLOYEES ARE FURTHER NOTIFIED it is a condition of their continued employment that they comply with the above policy of the school district and will notify their supervisor of their conviction of any criminal drug statute for a violation committed in the workplace, no later than five days after the conviction. 

SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM

 I,                                                , have read and understand the Substance-Free Workplace policy.  I understand that if I violate the Substance-Free Workplace policy, I may be subject to discipline up to and including termination.  I may be required to participate in a substance abuse treatment program.  If I fail to successfully participate in a substance abuse treatment program, I understand I may be subject to discipline up to and including termination.  I understand that if I am required to participate in a substance abuse treatment program and I refuse to participate, I may be subject to discipline up to and including termination.  I also understand that if I am convicted of a criminal drug offense committed in the workplace, I must report that conviction to my supervisor within five days of the conviction.

 

(Signature of Employee)

 

(Date)

Adopted: 6.12.1989
Revised/Reviewed: 1.20.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 14:40

403.05.R1 Substance-Free Workplace Regulation

403.05.R1 Substance-Free Workplace Regulation

SUBSTANCE-FREE WORKPLACE REGULATION 

A superintendent who suspects an employee has a substance abuse problem will follow these procedures:

1.         Identification - the superintendent shall document the evidence the superintendent has which leads the superintendent to conclude the employee has violated the Substance-Free Workplace policy.  After the superintendent has determined there has been a violation of the Substance-Free Workplace policy, the superintendent will discuss the problem with the employee. 

2.         Discipline -if, after the discussion with the employee, the superintendent determines there has been a violation of the Substance-Free Workplace policy, the superintendent may recommend discipline up to and including termination or may recommend the employee seek substance abuse treatment.  Participation in a substance abuse treatment program is voluntary.

3.         Failure to participate in referral - if the employee refuses to participate in a substance abuse treatment program or if the employee does not successfully complete a substance abuse treatment program, the employee may be subject to discipline up to and including termination.

4.         Conviction - if an employee is convicted of a criminal drug offense committed in the workplace, the employee must notify the employer of the conviction within five days of the conviction. 

Adopted: Unknown
Revised/Reviewed: 1.6.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 14:41

403.06 Drug and Alcohol Testing Program

403.06 Drug and Alcohol Testing Program

DRUG AND ALCOHOL TESTING PROGRAM

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand one 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 school vehicle.

The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion, 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, Board Secretary at 2102 Durant Street, Harlan, IA 51537.

Employees who violate the terms of this policy are subject to discipline, up to and, including termination.  The district is required to keep a record of all drug or alcohol violations by employees for a minimum of five years.  Employees are put on notice that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.  Additionally, the district will conduct FMCSA Clearinghouse queries for employees annually.  Employees must provide written consent for the district to conduct FMCSA Clearinghouse queries; however, employees who choose to withhold consent will be prohibited from performing any safety sensitive functions

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 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.

IASB Drug and Alcohol Testing Program (IDATP) Web site:  http://www.ia-sb.org/MemberBenefits.aspx?id=304 

NOTE:  It is important for the school district to read this policy and its supporting documents and the notes very carefully.  This policy and its supporting documents assume the school district employs its drivers and owns the school vehicles rather than contracts with a private service provider with its own drug and alcohol testing program.  School districts contracting with a private service provider must ensure the provider has a drug and alcohol testing program complying with the federal regulations.

 Compliance with the regulations is the responsibility of the school district even if the school district uses a service provider.  Boards need to determine who will be responsible for administering the drug and alcohol testing program in the second paragraph and make that determination throughout the policies and regulations.

This policy and its supporting documents also assume private contractors and nonpublic schools participating in the Iowa Drug and Alcohol Testing Program (IDATP) have chosen to test only under the federal regulations and not to test under state law.

This policy and its supporting documents terminate a driver for violation of the policy and its supporting documents.  Such a violation includes a positive drug test result.  Should a school district, after careful consideration, choose to retain the option not to terminate for violation of this policy, consideration should be given to making the following changes: 

School districts choosing to pay for OR to make the driver bear the personal and financial responsibility for the substance abuse evaluation and rehabilitation, if any:

First sentence of paragraph two:  The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion, post-accident, return-to-duty and follow-up drug and alcohol testing.

School districts choosing to pay for the substance abuse evaluation and rehabilitation, if any: 

Paragraph three:  Employees who violate the terms of this policy may be subject to discipline up to and including termination at the discretion of the school district.  Employees who violate this policy, as a condition of continued employment, will be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program, recommended by the substance abuse professional.  Employees required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

School districts choosing to make the employee bear the personal and financial responsibility for the substance abuse evaluation and rehabilitation, if any:

Paragraph three:  Employees who violate the terms of this policy may be subject to discipline up to and including termination.  Employees who violate this policy bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and a substance abuse treatment program recommended by the substance abuse professional.  Employees who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

This policy and the supporting documents require the school district to designate a school district contact person for the drug and alcohol testing program.  The title of the person(s) designated should be entered in paragraph two.  This person will answer questions from employees and others about the program, receive the test results and receive the identification numbers of the drivers who were selected for random testing and notify those drivers.  If these responsibilities are divided among different persons, the policy and supporting documents must clearly explain which person handles which part of the drug and alcohol testing program.

Information about the Federal Motor Carrier Safety Administration Clearinghouse is located at:  clearinghouse.fmcsa.dot.gov

Information about resources for a substance-free awareness program and related services may be obtained from the school district's employee assistance program, the Department of Education at (515) 281-3021 or Department of Health, Substance Abuse Division at (515) 281-3641.   For regulations and forms, http://www.fmcsa.dot.gov/rules-regulations/topics/drug/drug.htm?  

 

Legal Reference:      
American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 Cir. (4th 1995).
49 U.S.C. §§ 5331 et seq. (2012).
42 U.S.C. §§ 12101 (2012).
41 U.S.C. §§ 81 (2012).
49 C.F.R. Pt. 40; 382; 391 (2012).
34 C.F.R. Pt. 85 (2012).
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 (2013).

Cross Reference:      
403.5 Substance-Free Workplace

409.2 Licensed Employee Personal Illness Leave
414.2 Classified Employee Personal Illness Leave

Adopted: 12.18.1995
Revised/Reviewed: 1.20.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 14:41

403.06.E1 Drug and Alcohol Testing Program Notice to Employees

403.06.E1 Drug and Alcohol Testing Program Notice to Employees

DRUG AND ALCOHOL TESTING PROGRAM NOTICE TO EMPLOYEES

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law. 

Employees who operate school vehicles are subject to drug and alcohol testing if  a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver, or the school vehicle weighs twenty-six thousand, one pounds or more.  For purposes of the drug and alcohol testing program, "employees" also includes applicants who have been offered a position to operate a school vehicle.  The employees operating a school vehicle are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program.

It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements.  Employees with questions regarding the drug and alcohol testing requirements will contact the school district contact person. 

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting documents and the law.   It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using.  Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents or the law.

NOTE:  This form also assumes the school district will terminate the driver upon violation of this policy and its supporting documents.  Should a school district, after careful consideration, choose to retain the option not to terminate for violation of this policy, consideration should be given to changing the first and third paragraph to read:

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion, post-accident, return-to-duty, and follow-up drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law.

For school districts choosing to pay for the substance abuse evaluation and rehabilitation, if any:

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination at the discretion of the school district.  As a condition of continued employment, employees violating this policy, its supporting documents or the law will be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program recommended by a substance abuse professional.  Employees required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

For school districts choosing to make the driver bear the personal and financial responsibility for the substance abuse evaluation and rehabilitation, if any:

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination.  As a condition of continued employment, employees violating this policy, its supporting documents or the law bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and, a substance abuse treatment program recommended by the substance abuse professional.  Employees required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

The format of this notice is not specifically required by the federal regulations.  It is designed to provide a starting point for school districts to develop their own form.  However, the federal regulations do require the drivers have notice of the drug and alcohol testing program.  Under the federal regulations, school districts may require their drivers to notify them of any prescription medications they are using.  School districts which do not want to be informed may delete this language from this notice.

Adopted: 12.18.1995
Revised/Reviewed: 1.20.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 14:41

403.06E2 Drug and Alcohol Program and Pre-Employ. Testing Ackno. Form

403.06E2 Drug and Alcohol Program and Pre-Employ. Testing Ackno. Form

DRUG AND ALCOHOL PROGRAM AND PRE-EMPLOYMENT TESTING ACKNOWLEDGEMENT FORM

I,   (_________________ ), have received a copy, read and understand the Drug and Alcohol Testing Program policy of the Harlan Community School District and its supporting documents.                                

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents or the law, I may be subject to discipline up to and including termination.

I also understand that I must inform my supervisor of any prescription medication I use. 

In addition, I have received a copy of the U.S. DOT publication, “What Employees Need to Know about DOT Drug & Alcohol Testing,” and have read and understand its contents. 

Furthermore, I know and understand that I am required to submit to a controlled substance (drug) test, the results of which must be received by this employer before being employed by the school district and before being allowed to perform a safety-sensitive function.  I also understand that if the results of the pre-employment test are positive, that I will not be considered further for employment with the school district.

I further understand that drug and alcohol testing records and information about me are confidential, and may be released at my request or in accordance with the district’s drug and alcohol testing program policy, its supporting documents or the law.

______________________________________________          ________________________
(Signature of Employee)                                                                            (Date)

POLICY NOTE: Under federal regulations, school districts may require their drivers to notify them of any prescription medications they are using.  School districts which do not want to be informed may delete this language from this notice.

This form assumes the school district will terminate the driver upon violation of this policy and its supporting documents.  Should a school district, after careful consideration, choose to retain the option not to terminate for violation of this policy, consideration should be given to changing the second paragraph to read:

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents or the law, I may be subject to discipline up to and including termination or I may be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program, if recommended by the substance abuse professional.  If I am required to and fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program, I understand I may be subject to discipline up to and including termination.

 

kklaassen@hcsd… Mon, 03/09/2020 - 12:46

403.06E3 Drug & Alcohol Program & Pre-Employ. Testing Written Consent to Share Information

403.06E3 Drug & Alcohol Program & Pre-Employ. Testing Written Consent to Share Information

DRUG & ALCOHOL PROGRAM AND PRE-EMPLOYMENT TESTING

WRITTEN CONSENT TO SHARE INFORMATION

I,   (____________________), understand that as part of my employment in a position that requires a commercial driver’s license in the Harlan Community District, I grant consent for the District to conduct queries of the Federal Motor Carrier Safety Administration (“FMCSA”) Commercial Driver’s License Drug and Alcohol Clearinghouse to determine whether drug or alcohol violation information about me exists in the Clearinghouse.  I further consent to the District sharing information related to my drug and alcohol testing results with prior, current and future employers, as well as the FMCSA Clearinghouse in accordance with state and federal laws.  

I understand that the District will check and perform queries of my drug and alcohol testing results prior to my employment in any position which requires the use of a commercial driver’s license.  I further understand the District will check and perform queries of my testing results annually and is required to report any drug and alcohol violations of this policy to the FMCSA Clearinghouse.  

I understand that I am not required to consent to the query of the FMCSA Clearinghouse or the District sharing of drug and alcohol testing information with past, present or future employers or the FMCSA Clearinghouse; but that without my consent I understand I will be prohibited from performing safety sensitive functions, including driving a commercial motor vehicle, as required by FMCSA’s drug and alcohol program regulations.  

I hereby give my consent to the District to perform queries of the FMCSA Clearinghouse and share my drug and alcohol testing results with past, present and future employers, as well as the FMCSA Clearinghouse.                               

________________________________________                       ________________________
(Signature of Employee)                                                                            (Date)

 

Adopted: 1.20.2020

kklaassen@hcsd… Mon, 03/09/2020 - 12:52

404 Employee Conduct and Appearance

404 Employee Conduct and Appearance

EMPLOYEE CONDUCT AND APPEARANCE

Employees are role models for the students who come in contact with them during and after school hours.  The board recognizes the positive effect employees can have on students in this capacity.  To this end, the board strongly suggests and encourages employees to dress themselves, groom themselves and conduct themselves in a manner appropriate to the educational environment.

Employees will conduct themselves in a professional manner.  Employees will dress in attire appropriate for their position.  Clothing should be neat, clean, and in good taste.  Discretion and common sense call for an avoidance of extremes which would interfere with or have an effect on the educational process.

Licensed employees of the school district, including administrators, will follow the code of ethics for their profession as established by the Iowa Board of Educational Examiners.

Legal Reference:      
Iowa Code § 279.8 (2013).
282 I.A.C. 13.25, .26.

Cross Reference:      
104 Anti-Bullying/Harassment

305 Administrator Code of Ethics
401.11 Employee Orientation

403.5   Substance-Free Workplace
407      Licensed Employee Termination of Employment
413      Classified Employee Termination of Employment      

Adopted: Unknown
Revised/Reviewed: 1.6.2020                          

mameyer@hcsdcy… Wed, 10/23/2019 - 14:42

404.01.R1 Employee Conduct Regulation

404.01.R1 Employee Conduct Regulation

CODE OF PROFESSIONAL CONDUCT AND ETHICS REGULATION 

CHAPTER 25

282—25.1(272) Scope of standards. This code of professional conduct and ethics constitutes mandatory minimum standards of practice for all licensed practitioners as defined in Iowa Code chapter 272. The adherence to certain professional and ethical standards is essential to maintaining the integrity of the education profession.

282—25.2(272) Definitions. Except where otherwise specifically defined by law:

“Administrative and supervisory personnel” means any licensed employee such as superintendent, associate superintendent, assistant superintendent, principal, associate principal, assistant principal, or other person who does not have as a primary duty the instruction of pupils in the schools.

“Board” means the Iowa board of educational examiners.

“Discipline” means the process of sanctioning a license, certificate or authorization issued by the board.

“Ethics” means a set of principles governing the conduct of all persons governed by these rules.

“Fraud” means knowingly providing false information or representations on  an  application for licensure or employment, or knowingly providing false information or representations made in connection with the discharge of duties.

“License” means any license, certificate, or authorization granted by the board.

“Licensee” means any person holding a license, certificate, or authorization granted by the board.

“Practitioner” means an administrator, teacher, or other licensed professional, including an individual who holds a statement of professional recognition, who provides educational assistance to students.

“Responsibility” means a duty for which a person is accountable by virtue of licensure.

“Right” means a power, privilege, or immunity secured to a person by law.

“Student” means a person, regardless of age, enrolled in a prekindergarten through grade 12 school, who is receiving direct or indirect assistance from a person licensed by the board.

“Teacher” means any person engaged in the instructional program for prekindergarten through grade 12 children, including a person engaged in teaching, administration, and supervision, and who is required by law to be licensed for the position held.

[ARC 7979B, IAB 7/29/09, effective 9/2/09]

282—25.3(272) Standards of professional conduct and ethics. Licensees are required to abide by all federal, state, and local laws applicable to the fulfillment of professional obligations. Violation of federal, state, or local laws in the fulfillment of professional obligations constitutes unprofessional and unethical conduct which can result in disciplinary action by the board. In addition, it is hereby deemed unprofessional and unethical for any licensee to violate any of the following standards of professional conduct and ethics:

25.3(1) Standard I—conviction of crimes, sexual or other immoral conduct with or toward a student, and child and dependent adult abuse. Violation of this standard includes:

a.         Fraud. Fraud means the same as defined in rule 282—25.2(272).

b.         Criminal convictions. The commission of or conviction for a criminal offense as defined by Iowa law provided that the offense is relevant to or affects teaching or administrative performance.

(1)  Disqualifying criminal convictions. The board shall deny an application for licensure and shall revoke a previously issued license if the applicant or licensee has, on or after July 1, 2002, been convicted of, has pled guilty to, or has been found guilty of the following criminal offenses, regardless of whether the judgment of conviction or sentence was deferred:

1.  Any of the following forcible felonies included in Iowa Code section 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping;

2.   Any of the following criminal sexual offenses, as provided in Iowa Code chapter 709, involving a child:

●     First-, second- or third-degree sexual abuse committed on or with a person who is under the age of 18;

●          Lascivious acts with a child;

●          Assault with intent to commit sexual abuse;

●          Indecent contact with a child;

●          Sexual exploitation by a counselor;

●          Lascivious conduct with a minor;

●          Sexual exploitation by a school employee;

●          Enticing a minor under Iowa Code section 710.10; or

●          Human trafficking under Iowa Code section 710A.2;

3.         Incest involving a child as prohibited by Iowa Code section 726.2;

4.         Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code section 728.2;

5.    Telephone dissemination of obscene material to minors as prohibited by Iowa Code section 728.15;

6.  Any offense specified in the laws of another jurisdiction, or any offense that may be prosecuted in  a  federal,  military,  or  foreign court,  that is  comparable to  an  offense listed in  subparagraph 25.3(1)“b”(1); or

7.   Any offense under prior laws of this state or another jurisdiction, or any offense under prior law that was prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in subparagraph 25.3(1)“b”(1).

(2)   Other criminal convictions and founded child abuse. In determining whether a person should be denied a license or whether a licensee should be disciplined based upon any other criminal conviction, including a conviction for an offense listed in 25.3(1)“b”(1) which occurred before July 1, 2002, or a founded report of abuse of a child, the board shall consider:

1.         The nature and seriousness of the crime or founded abuse in relation to the position sought;

2.         The time elapsed since the crime or founded abuse was committed;

3.         The degree of rehabilitation which has taken place since the crime or founded abuse was committed;

4.         The likelihood that the person will commit the same crime or abuse again;

5.         The number of criminal convictions or founded abuses committed; and

6.         Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.

c.     Sexual involvement or indecent contact with a student. Sexual involvement includes, but is not limited to, the following acts, whether consensual or nonconsensual: fondling or touching the inner thigh, groin, buttocks, anus or breasts of a student; permitting or causing to fondle or touch the practitioner’s inner thigh, groin, buttocks, anus, or breasts; or the commission of any sex act as defined in Iowa Code section 702.17.

d.   Sexual exploitation of a minor. The commission of or any conviction for an offense prohibited by Iowa Code section 728.12, Iowa Code chapter 709 or 18 U.S.C. Section 2252A(a)(5)(B).

e.  Student abuse. Licensees shall maintain professional relationships with all students, both inside and outside the classroom. The following acts or behavior constitutes unethical conduct without regard to the existence of a criminal charge or conviction:

(1)   Committing any act of physical abuse of a student;

(2)   Committing any act of dependent adult abuse on a dependent adult student;

(3)   Committing or soliciting any sexual or otherwise indecent act with a student or any minor;

(4)   Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student;

(5)   Furnishing alcohol or illegal or unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal or unauthorized drugs in the presence of the licensee;

(6)   Failing to report any suspected act of child or dependent adult abuse as required by state law; or

(7)   Committing or soliciting any sexual conduct as defined in Iowa Code section 709.15(3)“b” or soliciting, encouraging, or consummating a romantic relationship with any person who was a student within 90 days prior to any conduct alleged in the complaint, if that person was taught by the practitioner or was supervised by the practitioner in any school activity when that person was a student.

25.3(2) Standard II—alcohol or drug abuse. Violation of this standard includes:

a.     Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming illegal or unauthorized drugs or abusing legal drugs.

b.     Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming alcohol.

25.3(3) Standard III—misrepresentation, falsification of information. Violation of this standard includes:

a.   Falsifying or deliberately misrepresenting or omitting material information regarding professional qualifications, criminal history, college credit, staff development credit, degrees, academic award, or employment history when applying for employment or licensure.

b.   Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.

c.     Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.

d.     Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282—Chapter 20.

e.    Falsifying or deliberately misrepresenting or omitting material information regarding the evaluation of students or personnel, including improper administration of any standardized tests, including, but not limited to, changing test answers, providing test answers, copying or teaching identified test items, or using inappropriate accommodations or modifications for such tests.

25.3(4) Standard IV—misuse of public funds and property. Violation of this standard includes:

a.     Failing to account properly for funds collected that were entrusted to the practitioner in an educational context.

b.    Converting public property or funds to the personal use of the practitioner.

c.    Submitting fraudulent requests for reimbursement of expenses or for pay.

d.     Combining public or school-related funds with personal funds.

e.    Failing to use time or funds granted for the purpose for which they were intended.

25.3(5) Standard V—violations of contractual obligations.

A.    Violation of this standard includes:

 (1)   Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract, unless the practitioner provided notice to the practitioner’s employing board as set forth in subparagraph 25.3(5)“b”(2). 

(2)   Abandoning a written professional employment contract without prior unconditional release by the employer.

(3)   As an employer, executing a written professional employment contract with a practitioner, which requires the performance of duties that the practitioner is not legally qualified to perform.

(4)   As a practitioner, executing a written professional employment contract, which requires the performance of duties that the practitioner is not legally qualified to perform.

b.     In addressing complaints based upon contractual obligations, the board shall consider factors beyond the practitioner’s control. For purposes of enforcement of this standard, a practitioner will not be found to have abandoned an existing contract if:

(1)   The practitioner obtained a release from the employing board before discontinuing services under the contract; or

(2)   The practitioner provided notice to the employing board no later than the latest of the following dates:

1.         The practitioner’s last work day of the school year;

2.         The date set for return of the contract as specified in statute; or

3.         June 30.
 

25.3(6) Standard VI—unethical practice toward other members of the profession, parents, students, and the community. Violation of this standard includes:

a.    Denying the student, without just cause, access to varying points of view.

b.    Deliberately suppressing or distorting subject matter for which the educator bears responsibility.

c.     Failing to make reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.

d.     Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.

e.     Engaging in any act of illegal discrimination, or otherwise denying a student or practitioner participation in the benefits of any program on the grounds of race, creed, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.

f.     Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.

g.     Accepting gifts from vendors or potential vendors where there may be the appearance of or an actual conflict of interest.

h.     Intentionally disclosing confidential information including, but not limited to, unauthorized sharing of information concerning student academic or disciplinary records, health and medical information, assessment or testing results, or family income.  Licensees shall comply with state and federal laws and local school board policies relating to the confidentiality of student records, unless disclosure is required or permitted by law.

i.     Refusing to participate in a professional inquiry when requested by the board.

j.    Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.

k.     Failing to self-report to the board within 60 days any founded child abuse report, or any conviction for a criminal offense listed in 25.3(1)“b”(1) which requires revocation of the practitioner’s license.

l.     Delegating tasks to unqualified personnel.

m.  Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.

n.    Allowing another person to use one’s practitioner license for any purpose

o.   Performing services beyond the authorized scope of practice for which the individual is licensed or prepared or performing services without holding a valid license.

p.    Falsifying, forging, or altering a license issued by the board.

q.     Failure of the practitioner holding a contract under Iowa Code section 279.13 to disclose to the school official responsible for determining assignments a teaching assignment for which the practitioner is not properly licensed.

r.     Failure of a school official responsible for assigning licensed practitioners holding contracts under Iowa Code section 279.13 to adjust an assignment if the practitioner discloses to the official that the practitioner is not properly licensed for an assignment.

25.3(7) Standard  VII—compliance  with  state  law  governing  obligations  to  state  or  local governments, child support obligations, and board orders. Violation of this standard includes:

a.    Failing to comply with 282—Chapter 8 concerning payment of debts to state or local governments.

b.    Failing to comply with 282—Chapter 10 concerning child support obligations. 

c.           Failing to comply with a board order.

25.3(8) Standard VIII—incompetence. Violation of this standard includes, but is not limited to:

a.     Willfully or repeatedly departing from or failing to conform to the minimum standards of acceptable and prevailing educational practice in the state of Iowa.

Adopted: 8.22.2016
Revised/Reviewed: 1.20.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 14:42

404.01.R2 Employee Code of Rights and Responsibilities Regulation

404.01.R2 Employee Code of Rights and Responsibilities Regulation

CODE OF RIGHTS AND RESPONSIBILITIES REGULATION

Chapter 26

282—26.1 (272)  Purpose. The code of professional conduct and ethics in 282—Chapter 25 defines unprofessional and unethical conduct justifying disciplinary sanction. The board acknowledges that the discharge of professional obligations should occur in recognition of certain fundamental rights and responsibilities. Accordingly, the board recognizes the following rights and responsibilities of all educators licensed under Iowa Code chapter 272 and agrees that the exercise of these rights and responsibilities may present mitigating facts and circumstances in the board’s evaluation of allegations of unprofessional or unethical conduct

282—26.2 (272) Rights. Educators licensed under Iowa Code chapter 272 have the following rights:

1.         The educator has a right to be licensed and endorsed under professional standards established and enforced by the board.

2.         The educator has a right to refuse assignments for which the educator is not legally authorized, in terms of holding a valid Iowa license with the appropriate endorsement(s) or approval(s).

3.         The educator has a right, subject to board and administrator authority, to exercise professional judgment in the evaluation, selection, and use of teaching methods and instructional materials appropriate to the needs, abilities, and background of each student. 

282—26.3 (272) Responsibilities. Educators licensed under Iowa Code chapter 272 have the following responsibilities:

1.         The educator has a responsibility to maintain and improve the educator’s professional competence.

2.         The educator has a responsibility to accept only those assignments for which the educator is legally authorized.

3.         The educator has a responsibility to provide conditions that are conducive to teaching and student learning.

4.         The educator shall protect students from conditions harmful to learning or to health or safety.

5.         The educator shall not, without just cause, restrain a student from independent action in the pursuit of learning and shall not, without just cause, deny a student access to varying points of view.

6.         The educator shall not use professional relationships with students for personal advantage.

7.         The educator shall not discriminate against any student on the grounds of race, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.

8.         The educator shall accord just and equitable treatment to all members of the profession.

9.         The educator shall keep in confidence personally identifiable information regarding a student or the student’s family members that has been obtained in the course of professional service, unless disclosure is required by law or is necessary for the personal safety of the student or others.

10.    The educator who has reasonable basis to believe that a student has been abused, as defined by law, shall make all reports required by law and the Iowa Administrative Code and which are necessary to ensure the safety and well-being of the student.

11.    In the administration of discipline, the educator shall treat all students with respect and in compliance with all policies of the school district served by the educator.

12.    The educator shall provide accurate, truthful, and complete information to the board and to the local education system concerning all licensure transactions.

13.    The educator shall not refuse to participate in a professional inquiry, when requested by the board.

14.    The educator shall not require or direct another educator to violate any provisions of the code of professional conduct and ethics or any rights of a student, parent, educator or citizen.

15.    The educator shall not delegate assigned tasks to unqualified personnel.

Adopted: Unknown
Revised/Reviewed: 1.6.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 14:43

405 Licensed Employees-General

405 Licensed Employees-General mameyer@hcsdcy… Wed, 10/23/2019 - 14:43

405.01 Licensed Employee Defined

405.01 Licensed Employee Defined

 LICENSED EMPLOYEE DEFINED

Licensed employees, including administrators, are those employees required to hold an appropriate license from the Iowa Department of Education for their position as required by the Board of Educational Examiners or others with professional licenses.  Licenses required for a position will be considered met if the employee meets the requirements established by the Iowa Department of Education.

It is the responsibility of the superintendent to establish job specifications and job descriptions for licensed employees' positions, other than the position of the superintendent.  Job descriptions may be approved by the board.

Licensed employees must present evidence of current license to the board secretary prior to payment of salary each year.

Legal Reference:      
Clay v. Independent School District of Cedar Falls, 187 Iowa 89, 174 N.W. 47 (1919).
Iowa Code §§ 256.7(3); 272; 279.8 (2013).
281 I.A.C. 12.4
282 I.A.C. 14.
1940 Op. Att'y Gen. 375. 

Cross Reference:      
405.2   Licensed Employee Qualifications, Recruitment Selection
410.1   Substitute Teachers
411.1   Classified Employee Defined

Adopted: 1.20.2020

kklaassen@hcsd… Mon, 03/09/2020 - 13:11

405.02 Licensed Employee Qualifications, Recruitment, Selection

405.02 Licensed Employee Qualifications, Recruitment, Selection

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 in accordance with applicable laws and school district policies regarding equal employment.  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.

All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system. Additional announcements of the position may occur in a manner which the superintendent believes will inform potential applicants about the position. 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. 

 

Legal Reference:      
29 U.S.C. §§ 621-634
42 U.S.C. §§ 2000e, 12101 et seq.

Iowa Code §§ 20; 35C; 216; 279.13.
281 I.A.C. 12.
282 I.A.C. 14.
1980 Op. Att'y Gen. 367.

Cross Reference:      
401.1   Equal Employment Opportunity
405      Licensed Employees - General

410.1   Substitute Teacher

Adopted: 3.1.1973
Revised/Reviewed: 1.6.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 14:43

405.03 Licensed Employee Individual Contracts

405.03 Licensed Employee Individual Contracts

LICENSED PERSONNEL INDIVIDUAL CONTRACTS

The board will enter into a written contract with licensed employees other than administrators employed on a regular basis.

Each contract will be for a period of up to one (1) year, unless otherwise specified in the contract.

It is the responsibility of the superintendent to complete the contracts for licensed employees and present them to the board for approval.  The contracts, after being signed by the board president, are returned to the superintendent.  The superintendent will obtain the employee’s signature.  After being signed, the contract is filed with the board secretary.

Legal reference:         
Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N. W. 2d 438 (1954).
Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N. W. 467 (1927)
Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N. W. 491 (1899)

Iowa Code chs. 20; 279 (2013).

Adopted: 1.22.1990
Revised/Reviewed: 1.20.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 14:44

405.04 Licensed Employee Continuing Contracts

405.04 Licensed Employee Continuing Contracts

LICENSED EMPLOYEE CONTINUING CONTRACTS

Contracts entered into with licensed employees, other than an administrator, will continue from year to year except as modified or terminated as provided by law.  The board may issue temporary and nonrenewable contracts in accordance with law.

Licensed employees whose contracts will be recommended for termination by the board will receive due process as required by law.  The superintendent will make a recommendation to the board for the termination of the licensed employee's contract.

Licensed employees who wish to resign, to be released from a contract, or to retire must comply with applicable law and board policies. 

 

Legal Reference:       
Ar-We-Va Community School District v. Long and Henkenius, 292 N.W.2d 402 (Iowa 1980)

Bruton v Ames Community school District, 291 N.W.2d 351 (Iowa 1980)
Hartman v Merged Area VI Community College, 270 N.W.2d 822 (Iowa 1978)
Keith v Community School District of Wilton in the Counties of Cedar and Muscatine, 262 N.W. 2d 249 (Iowa 1978)
Iowa Code §§ 20; 272; 279.

 

Cross Reference:      
405.3   Licensed Employee Individual Contracts
405.9   Licensed Employee Probationary Status

407      Licensed Employee Termination of Employment

Adopted: 7.10.1989
Revised/Reviewed: 1.20.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 14:44

405.08 Licensed Employee Evaluation

405.08 Licensed Employee Evaluation

LICENSED EMPLOYEE EVALUATION

Evaluation of licensed employees on their skills, abilities, and competence is an ongoing process supervised by the building principals and conducted by approved evaluators.  The goal of the formal evaluation of licensed employees, other than administrators, but including extracurricular employees, is to improve the education program, to maintain licensed employees who meet or exceed the board's standards of performance, to clarify the licensed employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.

The formal evaluation criteria is in writing and approved by the board.  The formal evaluation will provide an opportunity for the evaluator and the licensed employee to discuss performance and the future areas of growth.  The formal evaluation is completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file.  This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence. 

Licensed employees will be required to:

  • Demonstrate the ability to enhance academic performance and support for and implementation of the school district’s student achievement goals.
  • Demonstrate competency in content knowledge appropriate to the teaching position.
  • Demonstrate competency in planning and preparation for instruction.
  • Use strategies to deliver instruction that meets the multiple learning needs of students.
  • Use a variety of methods to monitor student learning.
  • Demonstrate competence in classroom management.
  • Engage in professional growth.
  • Fulfill professional responsibilities established by the school district.    

It is the responsibility of the superintendent to ensure licensed employees are evaluated.  New and probationary licensed employees are evaluated at least twice each year.   

Legal Reference:          
Iowa Code §§ 20.9; 279, 284, 294.
Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).
Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).
281 I.A.C. 83; 12.3 

Cross Reference:      
405.2 Licensed Employee Qualifications, Recruitment, Selection
405.9 Licensed Employee Probationary Status

Adopted: 1.30.1989
Revised/Reviewed: 1.6.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 14:45

405.09 Licensed Employee Probationary Status

405.09 Licensed Employee Probationary Status

LICENSED EMPLOYEE PROBATIONARY STATUS

The first three consecutive years of a licensed employee's contract is a probationary period unless the employee has already successfully completed the 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 two 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 teacher’s 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 the end of the year without cause or immediately discharge the employee consistent with applicable law and board policies.

  

Legal Reference:                   
Iowa Code § 279

Cross Reference:      
405.4   Licensed Employee Continuing Contracts
405.8     Licensed Employee Evaluation

Adopted: 1.22.1990
Revised/Reviewed: 1.20.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 14:45

406 Licensed Employee Compensation and Benefits

406 Licensed Employee Compensation and Benefits kklaassen@hcsd… Mon, 03/09/2020 - 14:50

406.01 Licensed Employee Compensation

406.01 Licensed Employee Compensation

LICENSED EMPLOYEE COMPENSATION 

The board will establish compensation for licensed employees' positions keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other factors deemed relevant by the board.

It is the responsibility of the superintendent to make a recommendation to the board annually regarding licensed employee compensation.  The base wages of licensed employees are subject to review and modification through the collective bargaining process. 

Legal Reference:       
Iowa Code §§ 20.1, .4, .7, .9; 279.8.

Cross Reference:     
405      Licensed Employees – General
406.2   Licensed Employee Compensation Advancement

Adopted: 1.20.2020

kklaassen@hcsd… Mon, 03/09/2020 - 14:51

406.02 Licensed Employee Compensation Advancement

406.02 Licensed Employee Compensation Advancement

LICENSED EMPLOYEE COMPENSATION ADVANCEMENT

The board will determine if licensed employees will advance in compensation for their licensed employees' positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

It is the responsibility of the superintendent to make a recommendation to the board for the advancement of licensed employees.

 

Legal Reference:      
Iowa Code §§ 20.1, .4, .7, .9; 279.8.

Cross Reference:      
405      Licensed Employees – General
406      Licensed Employee Compensation and Benefits

Adopted: 1.20.2020

kklaassen@hcsd… Mon, 03/09/2020 - 14:54

406.03 Licensed Employee Continued Education Credit

406.03 Licensed Employee Continued Education Credit

LICENSED EMPLOYEE CONTINUED EDUCATION CREDIT

Continued education on the part of licensed employees may entitle them to advancement in compensation.  Licensed employees who have completed additional hours may be considered for advancement.  The board may determine which licensed employees will advance in compensation for continued education keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and any other items deemed relevant by the board. 

It is the responsibility of the superintendent to make a recommendation to the board for the advancement of a licensed employee.

Legal Reference:      
Iowa Code §§ 20.1, .4, .7, .9; 279.8.

Cross Reference:      
405      Licensed Employees - General         
406      Licensed Employee Compensation and Benefits

Adopted: 1.20.2020

kklaassen@hcsd… Mon, 03/09/2020 - 16:45

406.04 Licensed Employee Compensation for Extra Duty

406.04 Licensed Employee Compensation for Extra Duty

 LICENSED EMPLOYEE COMPENSATION FOR EXTRA DUTY

A licensed employee may volunteer or be required to take on extra duty, with the extra duty being secondary to the major responsibility of the licensed employee.  The board may, in its sole discretion, establish compensation for extra duty licensed employee positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board. 

Vacant extra duty positions, for which extra compensation will be earned, will be posted to allow qualified licensed employees to volunteer for the extra duty.  If no licensed employee volunteers for extra duty, the superintendent will assign the extra duty positions to qualified licensed employees.  The licensed employee will receive compensation for the extra duty required to be performed.

It is the responsibility of the superintendent to make a recommendation to the board annually as to which licensed employees will have the extra duty, and the compensation for extra duty, for the board's review. 

Legal Reference:      
Iowa Code §§ 279.8, .13-.15, .19A-B.
 

Cross Reference:      
405      Licensed Employees – General
406      Licensed Employee Compensation and Benefits

Adopted: 1.20.2020

kklaassen@hcsd… Mon, 03/09/2020 - 16:59

406.05 Licensed Employee Group Insurance Benefits

406.05 Licensed Employee Group Insurance Benefits

 LICENSED EMPLOYEE GROUP BENEFITS 

Licensed employees may be eligible for group benefits as determined by the board and required by law. The board will select the group benefit program(s) and the insurance company or third party administrator which will provide or administer the program. 

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, with minimum essential coverage that is both affordable and provides minimum value. The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees.

Licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan. Licensed employees who work 40 per week are eligible to participate in life and long term disability group insurance plans. Employers should maintain documents regarding eligible employees acceptance and rejection of coverage. 

Full-time and regular part-time licensed employees who wish to purchase health benefit coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.

Licensed employees and their spouse and dependents may be allowed to continue coverage of the school district's group health program if they cease employment with the school district by meeting the requirements of the plan and as applicable by law.   

Legal Reference:      
Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B.

Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).
Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).
Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014). 

Cross Reference:      
405.1   Licensed Employee Defined

706.2   Payroll Deductions

Adopted: 1.20.2020

kklaassen@hcsd… Mon, 03/09/2020 - 17:00

406.06 Licensed Employee Tax Shelter Program

406.06 Licensed Employee Tax Shelter Program

LICENSED EMPLOYEE TAX SHELTER PROGRAMS

Employees may elect to have amounts withheld from their pay for items authorized by law, subject to agreement of the district. The board authorizes the administration to make a payroll deduction for licensed employees' tax-sheltered annuity premiums purchased from a company or program if chosen by the board.

Licensed employees wishing to have payroll deductions for tax-sheltered annuities will make a written request to the superintendent.

  

Legal Reference:      
Iowa Code §§ 260C; 273; 294.16.

1988 Op. Att'y Gen. 38.
1976 Op. Att'y Gen. 462, 602.
1966 Op. Att'y Gen. 211, 220.
 
Cross Reference:      
706      Payroll Procedures

Adopted: 1.20.2020

kklaassen@hcsd… Mon, 03/09/2020 - 17:03

407 Licensed Employee Termination of Employment

407 Licensed Employee Termination of Employment mameyer@hcsdcy… Wed, 10/23/2019 - 14:45

407.01 License Employee Resignation

407.01 License Employee Resignation

LICENSED EMPLOYEE RESIGNATION  

A licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the board for return of the contract.  This applies to regular contracts for the licensed employee's regular duties and for an extracurricular contract for extra duty.  Resignations of this nature will be accepted by the board.

The board may require an individual who has resigned from an extracurricular contract to accept the resigned position for only the subsequent school year when the board has made a good faith effort to find a replacement and the licensed employee is continuing to be employed by the school district.  

Legal Reference:      
Iowa Code §§ 91A.2, .3, .5; 279.13, .19A (2013).

Cross Reference:      
405.3   Licensed Employee Individual Contracts
405.4   Licensed Employee Continuing Contracts
407      Licensed Employee Termination of Employment

 

Adopted: 3.16.2020

kklaassen@hcsd… Fri, 05/01/2020 - 13:55

407.02 Licensed Employee Contract Release

407.02 Licensed Employee Contract Release

LICENSED EMPLOYEE CONTRACT RELEASE

Licensed employees who wish to be released from an executed contract must give at least twenty-one days notice to the superintendent.  Licensed employees may be released at the discretion of the board.  Only in unusual and extreme circumstances will the board release a licensed employee from a contract.  The board will have sole discretion to determine what constitutes unusual and extreme circumstances.

Release from a contract will be contingent upon finding a suitable replacement.  Licensed employees requesting release from a contract after it has been signed and before it expires may be required to pay the board the cost of advertising incurred to locate and hire a suitable replacement.  Upon written mutual agreement between the employee and the superintendent, the costs may be deducted from the employee's salary.  Payment of these costs is a condition for release from the contract at the discretion of the board.  Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.

The superintendent is required to file a complaint with the Iowa Board of Educational Examiners against a licensed employee who leaves without proper release from the board.  

Legal Reference:      
Iowa Code §§ 216; 272; 279.13, .19A, .46 (2013).
1978 Op. Att'y Gen. 247.

1974 Op. Att'y Gen. 11, 322.

Cross Reference:      
405.3 Licensed Employee Individual Contracts
405.4 Licensed Employee Continuing Contracts
407.3 Licensed Employee Retirement

Adopted: 3.1.1989
Revised/Reviewed: 3.2.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 14:46

407.04 Licensed Employee Suspension

407.04 Licensed Employee Suspension

LICENSED EMPLOYEE SUSPENSION

Licensed employees will perform their assigned job, respect and follow board policy and obey the law.  The superintendent is authorized to suspend a licensed employee pending board action on a discharge, for investigation of charges against the employee, and for disciplinary purposes.  It is within the discretion of the superintendent to suspend a licensed employee with or without pay.

In the event of a suspension, appropriate due process will be followed.   

Legal Reference:      
Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765, 769 (Iowa 1987).
McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979); 402.N.W. 2d 765, 769 (Iowa 1987)
Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2013).

Cross Reference:                 
404      Employee Conduct and Appearance
407      Licensed Employee Termination of Employment

Adopted: 8.14.1989
Revised/Reviewed: 3.16.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 14:46

408 Licensed Employee Professional Growth

408 Licensed Employee Professional Growth mameyer@hcsdcy… Wed, 10/23/2019 - 14:51

408.01 Licensed Employee Professional Development

408.01 Licensed Employee Professional Development

LICENSED EMPLOYEE PROFESSIONAL DEVELOPMENT

The Board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills.  The board will maintain and support an in-service program for licensed employees. 

Requests for attendance or participation in a development program, other than those development programs sponsored by the school district, is made to the building principal.  Approval of the building principal must be obtained prior to attendance by a licensed employee in a professional development program when the attendance would result in the licensed employee being excused from their duties or when the school district pays the expenses for the program.

The superintendent will have the discretion to allow or disallow licensed employees to attend or participate in the requested event.  When making this determination, the superintendent will consider the value of the program for the licensed employee and the school district, the effect of the licensed employee’s absence on the education program and school district operations and the school district’s financial situation as well as other factors deemed relevant in the judgment of the superintendent. Requests that involve unusual expenses or more than three nights of overnight travel must also be approved by the board.

Legal Reference:       
Iowa Code § 279.8; 294.
281 I.A.C. 12.7; 83.6(1)(f)

Cross Reference:       
414.9   Classified Employee Professional Purposes Leave

Adopted: Unknown
Revised/Reviewed: 3.16.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 14:51

408.02 Licensed Employee Publication or Creation of Materials

408.02 Licensed Employee Publication or Creation of Materials

LICENSED EMPLOYEE PUBLICATION OR CREATION OF MATERIALS

Materials created by licensed employees and the financial gain there from are the property of the school district if school materials and time were used in their creation and/or such materials were created in the scope of the licensed employee's employment.  The licensed employee must seek prior written approval of the superintendent concerning such activities.

Legal Reference:       
17 U.S.C. § 101 et al.
Iowa Code § 279.8 (2012).

Cross Reference:       
401.2   Employee Conflict of Interest
606.4   Student Production of Materials and Services

Adopted: 3.16.2020

kklaassen@hcsd… Fri, 05/01/2020 - 14:02

409 Licensed Employee Vacations and Leaves of Absence

409 Licensed Employee Vacations and Leaves of Absence mameyer@hcsdcy… Wed, 10/23/2019 - 14:54

409.01 Licensed Employee Vacation - Holidays - Personal Leave

409.01 Licensed Employee Vacation - Holidays - Personal Leave

LICENSED EMPLOYEE VACATION - HOLIDAYS - PERSONAL LEAVE

The board will determine the amount of vacation, holidays, and personal leave that will be allowed on an annual basis for licensed employees. Any requirements outlined in the Master Contract regarding leaves will be followed. 

It is the responsibility of the superintendent to make a recommendation to the board annually on vacations, holidays, and personal leave for licensed employees.

Legal Reference:       
Iowa Code §§ 1C; 4.1(34); 20.

Cross Reference:       
414.1   Classified Employee Vacations - Holidays - Personal Leave
601.1   School Calendar

Adopted: 3.16.2020

kklaassen@hcsd… Fri, 05/01/2020 - 14:04

409.02 Licensed Employee Personal Illness Leave

409.02 Licensed Employee Personal Illness Leave

LICENSED EMPLOYEE PERSONAL ILLNESS LEAVE

The board will determine the amount of personal illness leave that will be allowed on an annual basis for licensed employees. Any requirements outlined in the Master Contract regarding leaves will be followed. 

Licensed employees will be granted no less than ten days of sick leave in their first year of employment.  Each year thereafter, no less than one additional day of sick leave will be granted to the licensed employees up to a maximum of no less than fifteen days.  "Day" is defined as one work day regardless of full-time or part-time status of the employee.  A new employee will report for work at least one full work day prior to receiving sick leave benefits.  A returning employee will be granted the appropriate number of days at the beginning of each fiscal year.

It is the responsibility of the superintendent to make a recommendation to the board annually on vacations, holidays, and personal leave for licensed employees.

Evidence may be required regarding the mental or physical health of the employee when the administration has a concern about the employee's health.  Evidence may also be required to confirm the employee's illness, the need for the illness leave, the employee's ability to return to work, and the employee's capability to perform the duties of the employee's position.  It is within the discretion of the board or the superintendent to determine the type and amount of evidence necessary.  When an illness leave will be greater than three consecutive days, the employee will comply with the board policy regarding family and medical leave.

Legal Reference:       
29 U.S.C. §§ 2601 et seq. 
29 C.F.R. §825.
Iowa Code §§ 20; 216; 279.40.
Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).

Cross Reference:       
403.2   Employee Injury on the Job
409.3   Licensed Employee Family and Medical Leave
409.8   Licensed Employee Unpaid Leave

Adopted: 3.16.2020                  

kklaassen@hcsd… Fri, 05/01/2020 - 14:05

409.03 Licensed Employee Family and Medical Leave

409.03 Licensed Employee Family and Medical Leave

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 the 12-month period measured forward from the first date an employee takes FMLA leave.  Requests for family and medical leave will be made to the superintendent. 

Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.  Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.  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.

NOTE:  This policy is consistent with federal law regarding family and medical leave.  The links below are to applicable forms on the U.S. Department of Labor Web site.

Links:  

Legal Reference:      
29 U.S.C. §§ 2601 et seq.

29 C.F.R. § 825
Iowa Code §§ 20; 85; 216; 279.40.
Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).      
                           

Cross Reference:      
409.2   Licensed Employee Personal Illness Leave

409.8   Licensed Employee Unpaid Leave
414.3   Classified Employee Family and Medical Leave

Adopted: Unknown
Revised/Reviewed: 3.16.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 14:55

409.03.E1 Licensed Employee Family and Medical Leave Notice to Employees

409.03.E1 Licensed Employee Family and Medical Leave Notice to Employees

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES  

This document is available at https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf. 

NOTE:  FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post a notice.  Regulations  29 C.F.R. § 825.300(a) may require additional disclosures.

Adopted: Unknown
Revised/Reviewed: 3.16.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 14:55

409.03.E2 Licensed Employee Family and Medical Leave Request Form

409.03.E2 Licensed Employee Family and Medical Leave Request Form

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

Date:                                 

I,                                               , request family and medical leave for the following reason:  

(check all that apply)

  • for the birth of my child;
  • for the placement of a child for adoption or foster care;
  • to care for my child who has a serious health condition;
  • to care for my parent who has a serious health condition;
  • to care for my spouse who has a serious health condition; or
  • because I am seriously ill and unable to perform the essential functions of my position.
  • because of a qualifying exigency arising out of the fact that my ___spouse; ___ son or daughter; ___parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
  • because I am the ___ spouse; ___ son or daughter; ___ parent;     ___next of kin of a covered service member with a serious injury or illness.

I acknowledge my obligation to provide medical certification of my serious health condition or that of a family member in order to be eligible for family and medical leave within 15 days of the request for certification.  

I acknowledge receipt of information regarding my obligations under the family and medical leave policy of the school district.

I request that my family and medical leave begin on                                      and I request leave as follows: (check one)

  • Continuous
  • I anticipate that I will be able to return to work on                 .
  • intermittent leave for the:
  • birth of my child or adoption or foster care placement subject to agreement by the district;
  • serious health condition of myself, spouse, parent, or child when medically necessary;
  • because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
  • because I am the ___ spouse; ___ son or daughter; ___ parent; ___next of kin of a covered service member with a serious injury or illness.

Details of the needed intermittent leave: 

I anticipate returning to work at my regular schedule on                                 .

  • reduced work schedule for the:
  • birth of my child or adoption or foster care placement subject to agreement by the district;
  • serious health condition of myself, spouse, parent, or child when medically necessary;
  • because of a qualifying exigency arising out of the fact that my ___spouse; ___ son or daughter; ___parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
  • because I am the ___ spouse; ___ son or daughter; ___ parent; ___next of kin of a covered service member with a serious injury or illness.

Details of needed reduction in work schedule as follows:

I anticipate returning to work at my regular schedule on                                   .

I realize I may be moved to an alternative position during the period of the family and medical intermittent or reduced work schedule leave.  I also realize that with foreseeable intermittent or reduced work schedule leave, subject to the requirements of my health care provider, I may be required to schedule the leave to minimize interruptions to school district operations.

While on family and medical leave, I agree to pay my regular contributions to employer sponsored benefit plans.  My contributions will be deducted from moneys owed me during the leave period.  If no monies are owed me, I will reimburse the school district by personal check or cash for my contributions.  I understand that I may be dropped from the employer-sponsored benefit plans for failure to pay my contribution.  

I agree to reimburse the school district for any payment of my contributions with deductions from future monies owed to me or the school district may seek reimbursement of payments of my contributions in court.  

I acknowledge that the above information is true to the best of my knowledge.

Signed            

Date   

If the employee requesting leave is unable to meet the above criteria, the employee is not eligible for family and medical leave.  

 

 

Adopted: Unknown
Revised/Reviewed: 3.16.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 14:57

409.03.R1 Licensed Employee Family and Medical Leave Regulation

409.03.R1 Licensed Employee Family and Medical Leave Regulation

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REGULATION

 

  1. School district notice.
  1. The school district will post the notice in Exhibit 409.3E1 regarding family and medical leave.
  2. Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually.  The information will be in the [employee handbook].
  3. When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements.  Such information will include:
  1. statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement or 26 week entitlement depending on the purpose of the leave;
  2. a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so or proof of call to active duty in the case of military family and medical leave;
  3. an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and
  4. a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.
  1. Eligible employees. 

 

Employees are eligible for family and medical leave if three criteria are met.

  1. The school district has more than 50 employees on the payroll at the time leave is requested;
  2. The employee has worked for the school district for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and,
  3. The employee has worked at least 1,250 hours within the previous year.  Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.     

                         

  1. Employee requesting leave -- two types of leave.
  1. Foreseeable family and medical leave.
  1. Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.
  2. Employee must give at least thirty days notice for foreseeable leave.  Failure to give the notice may result in the leave beginning thirty days after notice was received.  For those taking leave due to military family and medical leave, notice should be given as soon as possible.
  3. Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district.  The scheduling is subject to the approval of the health care provider.
  1. Unforeseeable family and medical leave.
  1. Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.
  2. Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.
  3. A spouse or family member may give the notice if the employee is unable to personally give notice.

 

  1. Eligible family and medical leave determination.  The school district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.
  1. Six purposes.
  1. The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;
  2. The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;
  3. To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition; or
  4. Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.
  5. because of a qualifying exigency arising out of the fact that an employee’s ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
  6. because the employee is the spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.

 

  1. Medical certification. 
  1. When required:
  1. Employees [may/shall] be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job.
  2. Employees [may/shall] be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.
  3. Employees [may/shall] be required to present certification of the call to active duty when taking military family and medical leave.
  1. Employee's medical certification responsibilities:
  1. The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.
  2. The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the school district has reason to doubt the validity of the certification an employee submits.  The second health care provider cannot, however, be employed by the school district on a regular basis.
  3. If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the serious health condition.  This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district.  This certification or lack of certification is binding upon both the employee and the school district.
  1. Medical certification will be required fifteen days after family and medical leave begins unless it is impracticable to do so.  The school district may request recertification every thirty days.  Recertification must be submitted within fifteen days of the school district's request.
  2. Employees taking military caregiver family and medical leave to care for a family service member cannot be required to obtain a second opinion or to provide recertification.

 

Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification will be denied until such certification is provided.

 

  1. Entitlement.
  1. Employees are entitled to twelve weeks unpaid family and medical leave per year.   Employees taking military caregiver family and medical leave to care for a family service member are entitled to 26 weeks of unpaid family and medical leave but only in a single 12 month period.
  2. Year is defined as:  

Rolling:  measured forward from the first day leave is used, or measured backward from the date leave is used.

  1. If insufficient leave is available, the school district may:
  1. Deny the leave if entitlement is exhausted\
  2. Award leave available

 

  1. Type of Leave Requested.
  1. Continuous - employee will not report to work for set number of days or weeks.
  2. Intermittent - employee requests family and medical leave for separate periods of time.
  1. Intermittent leave is available for:
  • birth of my child or adoption or foster care placement subject to agreement by the district;
  • serious health condition of myself, spouse, parent, or child when medically necessary;
  • because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves;
  • because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
  1. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.
  2. During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits.  
  1. Reduced work schedule - employee requests a reduction in the employee's regular work schedule.
  1. Reduced work schedule family and medical leave is available for:
    • birth of my child or adoption or foster care placement subject to agreement by the district;                  
    • serious health condition of myself, spouse, parent, or child when medically necessary;
    • because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves;
    • because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
  2. In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.
  3. During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and benefits.  

 

  1. Special Rules for Instructional Employees.
  1. Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting.  This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.
  2. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent of the work days in the leave period may be required to:
  1. Take leave for the entire period or periods of the planned medical treatment; or,
  2. Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.
  1. Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester.  The number of weeks remaining before the end of a semester does not include scheduled school breaks, such as summer, winter or spring break.
  1. If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.
  2. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.
  3. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.
  1. The entire period of leave taken under the special rules is credited as family and medical leave.  The school district will continue to fulfill the school district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.

 

  1. Employee responsibilities while on family and medical leave.
  1. Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.
  2. The employee contribution payments will be deducted from any money owed to the employee or the employee will reimburse the school district at a time set by the superintendent.
  3. An employee who fails to make the health care contribution payments within thirty days after they are due will be notified that their coverage may be canceled if payment is not received within an additional 15 days.
  4. An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request.  
  5. The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.
  6. If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return.  The school district will cease benefits upon receipt of this notification.

 

  1. Use of paid leave for family and medical leave.

An employee may substitute unpaid family and medical leave with appropriate paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement.  Paid leave includes, but is not limited to, sick leave, family illness leave, vacation, personal leave, bereavement leave and professional leave.  When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.

 

           

 

Adopted: Unknown
Revised/Reviewed: 3.16.2020
 

mameyer@hcsdcy… Wed, 10/23/2019 - 14:58

409.03.R2 Licensed Employee Family and Medical Leave Definitions

409.03.R2 Licensed Employee Family and Medical Leave Definitions

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

Active Duty - duty under a call or order to active duty under a provision of law referring to in section 101(a)(13) of title 10, U.S. Code.

Common Law Marriage - according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife.  There is no time factor that needs to be met in order for there to be a common law marriage.

Contingency Operation - has the same meaning given such term in section 101(a)(13) of title 10, U.S. Code.

Continuing Treatment - a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

  • A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
    • treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or
    • treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a the health care provider.
  • Any period of incapacity due to pregnancy or for prenatal care.
  • Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
    • requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
    • Continues over an extended period of time (including recurring episodes of a single underlying condition); and
    • May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
  • Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.
  • Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

Covered Servicemember - a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. 

Eligible Employee - the district has more than 50 employees on the payroll at the time leave is requested.  The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.

Essential Functions of the Job - those functions which are fundamental to the performance of the job.  It does not include marginal functions. 

Employment Benefits - all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."

Family Member - individuals who meet the definition of son, daughter, spouse or parent.

Group Health Plan - any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.

Health Care Provider-

  • A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
  • Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and
  • Nurse practitioners and nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and
  • Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts;
  • Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;
  • A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.

In Loco Parentis - individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.

Incapable of Self-Care - that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or "ADLs."  Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

Instructional Employee - an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired.  The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.

Intermittent Leave - leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.

Medically Necessary - certification for medical necessity is the same as certification for serious health condition.

"Needed to Care For" - the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care.  For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment.  It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.

Next of Kin - an individual's nearest blood relative

Outpatient Status - the status of a member of the Armed Forces assigned to –

  • either a military medical treatment facility as an outpatient; or 
  • a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

Parent - a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child.  Parent does not include parent-in-law.

Physical or Mental Disability - a physical or mental impairment that substantially limits one or more of the major life activities of an individual.

Reduced Leave Schedule - a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

Serious Health Condition –

  • An illness, injury, impairment, or physical or mental condition that involves:
  • Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
  • Continuing treatment by a health care provider.  A serious health condition involving continuing treatment by a health care provider includes:
    • A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
    • Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or
    • Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
    • Any period of incapacity due to pregnancy or for prenatal care.
    • Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
    • Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
    • Continues over an extended period of time (including recurring episodes of s single underlying condition); and
    • May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
    • A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's a severe stroke or the terminal stages of a disease.
    • Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
  • Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
  • Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
  • Substance abuse may be a serious health condition if the conditions of this section are met.  However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider.  On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.
  • Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days.  For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level.  An employee who is pregnant may be unable to report to work because of severe morning sickness.

Serious Injury or Illness - an injury or illness incurred by a member of the Armed forces, including the National Guard or Reserves in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.

Son or daughter - a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis.  The child must be under age 18 or, if over 18, incapable of self-care because of a mental or physical disability.

Spouse - a husband or wife recognized by Iowa law including common law marriages. 

Adopted: Unknown
Revised/Reviewed: 3.16.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 14:58

409.04 Licensed Employee Bereavement Leave

409.04 Licensed Employee Bereavement Leave

LICENSED EMPLOYEE BEREAVEMENT LEAVE

Bereavement leave will be granted in accordance with any terms of the collective bargaining agreement. In the absence of a collective bargaining agreement, bereavement leave provisions will be established by the Board and outlined in the employee handbook on an annual basis.

It is the responsibility of the superintendent to make a recommendation to the board annually on bereavement leave for licensed employees.

Legal Reference:       
Iowa Code §§ 20 279.8.

Cross Reference:       
409      Licensed Employee Vacations and Leaves of Absence

 Adopted: 3.16.2020          

kklaassen@hcsd… Fri, 05/01/2020 - 14:15

409.05 Licensed Employee Political Leave

409.05 Licensed Employee Political Leave

LICENSED EMPLOYEE POLITICAL LEAVE

The board will provide a leave of absence to licensed employees to run for elective public office.  The superintendent will grant a licensed employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The licensed employee will be entitled to one period of leave to run for the elective public office, and the leave may commence within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the superintendent of schools at least thirty days prior to the starting date of the requested leave.

Legal Reference:       
Iowa Code ch. 55 (2013).

Cross Reference:       
401.9   Employee Political Activity
409      Licensed Employee Vacations and Leaves of Absence

Adopted: 3.16.2020

kklaassen@hcsd… Fri, 05/01/2020 - 14:17

409.06 Licensed Employee Jury Duty Leave

409.06 Licensed Employee Jury Duty Leave

LICENSED EMPLOYEE JURY DUTY LEAVE

The board will allow licensed employees to be excused for jury duty unless extraordinary circumstances exist.  The superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.  

Licensed employees will receive their regular salary.  Any payment for jury duty will be paid to the school district.

Legal Reference:       
Iowa Code §§ 20.9; 607A (2013).

Cross Reference:       
409      Licensed Employee Vacations and Leaves of Absence

Adopted: 3.16.2020

kklaassen@hcsd… Fri, 05/01/2020 - 14:18

409.07 Licensed Employee Military Service Leave

409.07 Licensed Employee Military Service Leave

LICENSED EMPLOYEE MILITARY SERVICE LEAVE

The board recognizes licensed employees may be called to participate in the armed forces, including the National Guard.  If a licensed employee is called on to serve in the armed forces, the employee will have a leave of absence for military service until the military service is completed.

The leave is without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

Legal Reference:       
Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
Iowa Code §§ 20; 29A.28 (2013).

Cross Reference:       
409      Licensed Employee Vacations and Leaves of Absence

Adopted: 3.16.2020

kklaassen@hcsd… Fri, 05/01/2020 - 14:19

409.08 Licensed Employee Unpaid Leave

409.08 Licensed Employee Unpaid Leave

LICENSED EMPLOYEE UNPAID LEAVE

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies of the board.  Unpaid leave for licensed employees must be authorized by the superintendent.

The superintendent will have complete discretion to grant or deny the requested unpaid leave.  In making this determination, the superintendent will consider the effect of the employee's absence on the education program and school district operations, length of service, previous record of absence, the financial condition of the school district, the reason for the requested absence and other factors the superintendent believes are relevant to making this determination.

If unpaid leave is granted, the duration of the leave period will be coordinated with the scheduling of the education program whenever possible to minimize the disruption of the education program and school district operations.

Whenever possible, licensed employees will make a written request for unpaid leave 21 days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary are made unless they are waived specifically by the superintendent.

Legal Reference:       
Iowa Code §§ 20; 85; 85A; 85B; 279.12; 509; 509A; 509B.

Cross Reference:       
409      Licensed Employee Vacations and Leaves of Absence

Adopted: 3.16.2020                

kklaassen@hcsd… Fri, 05/01/2020 - 14:20

410 Other Licensed Employees

410 Other Licensed Employees mameyer@hcsdcy… Wed, 10/23/2019 - 14:59

410.01 Substitute Teachers

410.01 Substitute Teachers

SUBSTITUTE TEACHERS

The board recognizes the need for substitute teachers.  Substitute teachers shall be licensed to teach in Iowa.

It shall be the responsibility of the district office to maintain a list of substitute teachers who may be called upon to replace regular contract licensed employees.  Individuals whose names do not appear on this list will not be employed as a substitute without specific approval of the superintendent.  It shall be the responsibility of the building principal to fill absences with substitute teachers immediately.

Substitute teachers will be paid a per diem rate.  Substitute licensed employees are expected to perform the same duties as the licensed employees. The school board will determine rates of pay for substitutes on an annual basis.  The superintendent is responsible for making recommendations of pay to the board.   

Legal Reference:       
Iowa Association of School Boards v. PERB, 400 N.W.2d 571 (Iowa 1987).
Iowa Code §§ 20.1, .4(5), .9; Ch.272.
281 I.A.C. 12.4.

Cross Reference:
405.1   Licensed Employee Defined
405.2   Licensed Employee Qualifications, Recruitment, Selection

Adopted: 9.25.1989
Revised/Reviewed: 3.16.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 14:59

410.02 Summer School Licensed Employees

410.02 Summer School Licensed Employees

SUMMER SCHOOL LICENSED EMPLOYEES

The Harlan Community School District shall offer summer school options in accordance with law and may, in its discretion offer additional programming during the summer recess.  Licensed employees who volunteer or who are appointed to deliver the summer education program are compensated in addition to their regular duties during the school academic year, unless such arrangements are made prior to determining the employee's compensation for the year.

Licensed employees will be given the opportunity to volunteer for the positions available.  If the board determines a course must be offered and no licensed employee volunteers for the position, the board will make the necessary arrangements to fill the position.  The board will consider applications from volunteers of current licensed employees in conjunction with other applications.

It is the responsibility of the superintendent to make a recommendation to the board regarding the need for and the delivery of the summer education program.

Legal Reference:       
Iowa Code §§ 279.8; 280.14.

Cross Reference:       
505.2 Student Promotion – Retention – Acceleration
603.2   Summer School Instruction

Adopted: 3.16.2020

kklaassen@hcsd… Fri, 05/01/2020 - 14:24

410.04 Education Associate

410.04 Education Associate

EDUCATION ASSOCIATE

The board may employ education associates or other instructional support personnel to assist licensed personnel in non-teaching duties, including, but not limited to:

  • managing and maintaining records, materials, and equipment;
  • attending to the physical needs of children; and
  • performing other limited services to support teaching duties when such duties are determined and directed by the teacher 

Education associates who hold a teaching certificate are compensated at the rate of pay established for their position as an education associate.  It is the responsibility of the principal to supervise education associates.

Legal Reference:                   
Iowa Code §§279.8, 280.3, .14, (2013).  
281 I.A.C. 12.4(9); .5(9).

Cross Reference:       
411.2   Classified Employee Qualifications, Recruitment, Selection

Adopted: 1.30.1989
Revised/Reviewed: 3.2.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 14:59

411 Classified Employees-General

411 Classified Employees-General mameyer@hcsdcy… Wed, 10/23/2019 - 14:59

411.01 Classified Employee Defined

411.01 Classified Employee Defined

CLASSIFIED EMPLOYEE DEFINED

Classified employees are employees who are not administrators or employees in positions which require a teaching license issued by the Iowa Board of Educational Examiners and who are employed to fulfill the duties listed on their job description on a monthly or hourly basis.  Classified employees will include, but not be limited to, teacher and classroom aides, custodial and maintenance employees, clerical employees, food service employees, bus drivers, and temporary help for summer or other maintenance.  The position may be full-time or part-time.

It is the responsibility of the superintendent to establish job specifications and job descriptions for classified employee positions.  Job descriptions may be approved by the board.

Classified employees required to hold a license for their position must present evidence of their current license to the board secretary prior to payment of wages each year.

Legal Reference:       
Iowa Code §§ 20; 279.8.

Cross Reference:       
405.1   Licensed Employee Defined
411.2   Classified Employee Qualifications, Recruitment, Selection
412.3   Classified Employee Group Insurance Benefits

Adopted: 3.16.2020

kklaassen@hcsd… Fri, 05/01/2020 - 14:36

411.02 Classified Employee Qualifications, Recruitment, Selection

411.02 Classified Employee Qualifications, Recruitment, Selection

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 accordance with applicable laws and school district policies regarding equal employment.  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.

All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system. Additional announcements of the position may occur through means the superintendent believes will inform potential applicants about the position.  Whenever possible, the preliminary screening of applicants will be conducted by the administrator who directly supervises and oversees the position.

The Board will employ classified employees after receiving a recommendation from the superintendent.  However, the superintendent will have the authority to employ on a temporary basis until a recommendation can be made and action can be taken by the board on the position. This would include bus drivers, custodians, education associates, maintenance staff, clerical personnel, and food service workers.

Legal Reference:       
29 U.S.C. §§ 621-634.

42 U.S.C. §§ 2000e; 12101 et seq.
Iowa Code §§ 20; 35C; 216; 256.27; 279.13.
281 I.A.C. 12.

Cross Reference:       
401.1   Equal Employment Opportunity
411      Classified Employees - General

Adopted: Unknown
Revised/Reviewed: 3.16.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 15:00

411.04 Classified Employee Licensing/Certification

411.04 Classified Employee Licensing/Certification

CLASSIFIED EMPLOYEE LICENSING/CERTIFICATION

Classified employees who require a special license or other certification will keep them current at their own expense.  Licensing requirements needed for a position will be considered met if the employee meets the requirements established by law for the position.

Legal Reference:       
Iowa Code §§ 285.5(9); 272; 279.8 
281 I.A.C. 12.4(10); 36; 43.

Cross Reference:       
411.2   Classified Employee Qualifications, Recruitment, Selection

Adopted: 3.16.2020

kklaassen@hcsd… Fri, 05/01/2020 - 14:39

411.05 Classified Employee Assignment

411.05 Classified Employee Assignment

CLASSIFIED EMPLOYEE ASSIGNMENT

Determining the assignment of each classified employee is the responsibility of the superintendent and within the sole discretion of the board.  In making such assignments each year the superintendent will consider the qualifications of each classified employee and the needs of the school district.

It is the responsibility of the superintendent to assign classified employees and report such assignments to the board.

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

Cross Reference:       
200.2   Powers of the Board of Directors
411.6   Classified Employee Transfers

Adopted: 3.16.2020

kklaassen@hcsd… Fri, 05/01/2020 - 14:46

411.06 Classified Employee Transfers

411.06 Classified Employee Transfers

CLASSIFIED EMPLOYEE TRANSFERS

Determining the location where a classified employee's assignment will be performed is the responsibility of the superintendent and within the sole discretion of the board.  In making such assignments each year the superintendent will consider the qualifications of each classified employee and the needs of the school district.

A transfer may be initiated by the employee, the principal or the superintendent.

It is the responsibility of the superintendent to transfer classified employees and report such transfers to the board.

Legal Reference:       
29 U.S.C. §§ 621-634 (2012).
42 U.S.C. §§ 2000e et seq. (2012)
42 U.S.C. §§ 12101 et seq. (2012).  
Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1 (2013).

Cross Reference:       
411.2   Classified Employee Qualifications, Recruitment, Selection
411.5   Classified Employment Assignment

Adopted: 3.16.2020

kklaassen@hcsd… Fri, 05/01/2020 - 14:51

411.07 Classified Employee Evaluation

411.07 Classified Employee Evaluation

CLASSIFIED EMPLOYEE EVALUATION

Evaluation of classified employees on their skills, abilities, and competence is an ongoing process supervised by the superintendent.  The goal of the formal evaluation of classified employees is to maintain classified employees who meet or exceed the board's standards of performance, to clarify each classified employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.

It is the responsibility of the superintendent to ensure classified employees are formally evaluated annually.

Legal Reference:       
Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).
Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).
Iowa Code §§ 20.9; 279.14 (2013).
281 I.A.C. 12.3(3).

Cross Reference:       
411.2   Classified Employee Qualifications, Recruitment, Selection
411.8   Classified Employee Probationary Status

Adopted: Unknown
Revised/Reviewed: 3.16.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 15:00

412 Classified Employee Compensation and Benefits

412 Classified Employee Compensation and Benefits kklaassen@hcsd… Fri, 05/01/2020 - 14:57

412.01 Classified Employee Compensation

412.01 Classified Employee Compensation

CLASSIFIED EMPLOYEE COMPENSATION

The board will determine the compensation to be paid for the classified employees' positions, keeping in mind the education and experience of the classified employee, the educational philosophy of the school district, the financial condition of the school district and any other considerations as deemed relevant by the board.

It is the responsibility of the superintendent to make a recommendation to the board annually regarding the compensation of classified employees.

Legal Reference:       
Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2013).

Cross Reference:       
411.3   Classified Employee Contracts
412.2   Classified Employee Wage and Overtime Compensation

Adopted: 3.16.2020

kklaassen@hcsd… Fri, 05/01/2020 - 14:58

414 Classified Employee Vacations and Leaves of Absence

414 Classified Employee Vacations and Leaves of Absence mameyer@hcsdcy… Wed, 10/23/2019 - 15:01

414.01 Classified Employee Vacations-Holidays-Personal Leave

414.01 Classified Employee Vacations-Holidays-Personal Leave

CLASSIFIED EMPLOYEE VACATIONS - HOLIDAYS - PERSONAL LEAVE

The board will determine the amount of vacation, holidays and personal leave that will be allowed on an annual basis for classified employees.

It is the responsibility of the superintendent to make a recommendation to the board annually on vacation and personal leave for classified employees.

Legal Reference:       
Iowa Code §§ 1C; 4.1(34); 20.

Cross Reference:       
409.1   Licensed Employee Vacations - Holidays - Personal Leave
601.1   School Calendar
     

Adopted: 10.23.1989
Revised/Reviewed: 3.16.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 15:01

414.02 Classified Employee Personal Illness Leave

414.02 Classified Employee Personal Illness Leave

CLASSIFIED EMPLOYEE PERSONAL ILLNESS

The board will determine the amount of personal illness leave that will be allowed on an annual basis for licensed employees. 

Licensed employees will be granted no less than ten days of sick leave in their first year of employment.  Each year thereafter, no less than one additional day of sick leave will be granted to the licensed employees up to a maximum, no less than of fifteen days.  "Day" is defined as one work day regardless of full-time or part-time status of the employee.  A new employee will report for work at least one full work day prior to receiving sick leave benefits.  A returning employee will be granted the appropriate number of days at the beginning of each fiscal year.

It is the responsibility of the superintendent to make a recommendation to the board annually on vacations, holidays, and personal leave for licensed employees.

Evidence may be required regarding the mental or physical health of the employee including, but not limited to, confirmation of the following:  the employee's illness, the need for the illness leave, the employee's ability to return to work, and the employee's capability to perform the duties of the employee's position.  It is within the discretion of the board and the superintendent to determine the type and amount of evidence necessary.  When an illness leave will be greater than three consecutive days, the employee will comply with board policy regarding family and medical leave.

Legal Reference:       
Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
29 U.S.C. §§ 2601 et seq. (2012)
29 C.F.R. Pt. 825 (2012).
Iowa Code §§ 20; 85.33, .34, .38(3); 279.40 (2013).
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.
1952 Op. Att'y Gen. 91.

Cross Reference:       
403.2   Employee Injury on the Job
414.3   Classified Employee Family and Medical Leave
414.8   Classified Employee Unpaid Leave

Adopted: 10.23.1989
Revised/Reviewed: 3.16.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 15:01

414.03 Classified Employee Family and Medical Leave

414.03 Classified Employee Family and Medical Leave

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.  For purposes of this policy, year is defined as the 12-month period measured forward from the first date an employee takes FMLA leave. Requests for family and medical leave will be made to the superintendent. 

Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.  Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.  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.

Links

Legal Reference:       
Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).
26 U.S.C. §§ 2601 et seq. (2012)
29 C.F.R. Pt. 825 (2012)
Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2013)
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.

Adopted: Unknown
Revised/Reviewed: 3.16.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 15:02

414.03.E1 Classified Employee Family and Medical Leave Notice to Employees

414.03.E1 Classified Employee Family and Medical Leave Notice to Employees

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

This document is available at  https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

Adopted: Unknown
Revised/Reviewed: 3.16.2020

 

mameyer@hcsdcy… Wed, 10/23/2019 - 15:03

414.03.E2 Classified Employee Family and Medical Leave Request Form

414.03.E2 Classified Employee Family and Medical Leave Request Form

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

Date:                                 

I,                                               , request family and medical leave for the following reason:  

(check all that apply)

  • for the birth of my child;
  • for the placement of a child for adoption or foster care;
  • to care for my child who has a serious health condition;
  • to care for my parent who has a serious health condition;
  • to care for my spouse who has a serious health condition; or
  • because I am seriously ill and unable to perform the essential functions of my position.
  • because of a qualifying exigency arising out of the fact that my ___spouse; ___ son or daughter; ___parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
  • because I am the ___ spouse; ___ son or daughter; ___ parent;     ___next of kin of a covered service member with a serious injury or illness.

I acknowledge my obligation to provide medical certification of my serious health condition or that of a family member in order to be eligible for family and medical leave within 15 days of the request for certification.  

I acknowledge receipt of information regarding my obligations under the family and medical leave policy of the school district.

I request that my family and medical leave begin on                                      and I request leave as follows: (check one)

  • Continuous
  • I anticipate that I will be able to return to work on                 .
  • intermittent leave for the:
  • birth of my child or adoption or foster care placement subject to agreement by the district;
  • serious health condition of myself, spouse, parent, or child when medically necessary;
  • because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
  • because I am the ___ spouse; ___ son or daughter; ___ parent; ___next of kin of a covered service member with a serious injury or illness.

Details of the needed intermittent leave: 

I anticipate returning to work at my regular schedule on                                 .

  • reduced work schedule for the:
  • birth of my child or adoption or foster care placement subject to agreement by the district;
  • serious health condition of myself, spouse, parent, or child when medically necessary;
  • because of a qualifying exigency arising out of the fact that my ___spouse; ___ son or daughter; ___parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
  • because I am the ___ spouse; ___ son or daughter; ___ parent; ___next of kin of a covered service member with a serious injury or illness.

Details of needed reduction in work schedule as follows:

I anticipate returning to work at my regular schedule on                                   .

I realize I may be moved to an alternative position during the period of the family and medical intermittent or reduced work schedule leave.  I also realize that with foreseeable intermittent or reduced work schedule leave, subject to the requirements of my health care provider, I may be required to schedule the leave to minimize interruptions to school district operations.

While on family and medical leave, I agree to pay my regular contributions to employer sponsored benefit plans.  My contributions will be deducted from moneys owed me during the leave period.  If no monies are owed me, I will reimburse the school district by personal check or cash for my contributions.  I understand that I may be dropped from the employer-sponsored benefit plans for failure to pay my contribution.  

I agree to reimburse the school district for any payment of my contributions with deductions from future monies owed to me or the school district may seek reimbursement of payments of my contributions in court.  

I acknowledge that the above information is true to the best of my knowledge.
 

Signed______________________________________

           

Date_______________________    

If the employee requesting leave is unable to meet the above criteria, the employee is not eligible for family and medical leave.  

Adopted: Unknown
Revised/Reviewed: 3.16.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 15:03

414.03.R1 Classified Employee Family and Medical Leave Regulation

414.03.R1 Classified Employee Family and Medical Leave Regulation

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE -  REGULATION

 

  1. School district notice.            
  1. The school district will post the notice in Exhibit 414.3E1 regarding family and medical leave.
  2. Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually.  The information will be in the [employee handbook].
  3. When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements.  Such information will include:
  1. a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement or 26 week entitlement depending on the purpose of the leave;
  2. a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so or proof of call to active duty in the case of military family and medical leave;
  3. an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and
  4. a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.

 

  1. Eligible employees. 

 

Employees are eligible for family and medical leave if three criteria are met.

  1. The school district has more than 50 employees on the payroll at the time leave is requested;
  2. The employee has worked for the school district for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and,
  3. The employee has worked at least 1,250 hours within the previous year.  Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.

 

If the employee requesting leave is unable to meet the above criteria, the employee is not eligible for family and medical leave.     

 

  1. Employee requesting leave -- two types of leave.
  1. Foreseeable family and medical leave.
  1. Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.
  2. Employee must give at least thirty days notice for foreseeable leave.  Failure to give the notice may result in the leave beginning thirty days after notice was received.  For those taking leave due to military family and medical leave, notice should be given as soon as possible.
  3. Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district.  The scheduling is subject to the approval of the health care provider.
  1. Unforeseeable family and medical leave.
  1. Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.
  2. Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.
  3. A spouse or family member may give the notice if the employee is unable to personally give notice.

 

  1. Eligible family and medical leave determination.  The school district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.
  1. Six purposes.
  1. The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;
  2. The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;
  3. To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition; or
  4. Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.
  5. because of a qualifying exigency arising out of the fact that an employee’s ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
  6. because the employee is the spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.

 

  1. Medical certification.  
  1. When required:
  1. Employees [may/shall] be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job.
  2. Employees [may/shall] be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.
  3. Employees [may/shall] be required to present certification of the call to active duty when taking military family and medical leave.
  1. Employee's medical certification responsibilities:
  1. The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.
  2. The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the school district has reason to doubt the validity of the certification an employee submits.  The second health care provider cannot, however, be employed by the school district on a regular basis.
  3. If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the serious health condition.  This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district.  This certification or lack of certification is binding upon both the employee and the school district.
  1. Medical certification will be required fifteen days after family and medical leave begins unless it is impracticable to do so.  The school district may request recertification every thirty days.  Recertification must be submitted within fifteen days of the school district's request.
  2. Employees taking military caregiver family and medical leave to care for a family service member cannot be required to obtain a second opinion or to provide recertification.

 

Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification will be denied until such certification is provided.

 

  1. Entitlement.
  1. Employees are entitled to twelve weeks unpaid family and medical leave per year.   Employees taking military caregiver family and medical leave to care for a family service member are entitled to 26 weeks of unpaid family and medical leave but only in a single 12 month period.
  2. Year is defined as: 

Rolling:  measured forward from the first day leave is used, or measured backward from the date leave is used.

  1. If insufficient leave is available, the school district may:
  1. Deny the leave if entitlement is exhausted
  2. Award leave available

 

  1. Type of Leave Requested.
  1. Continuous - employee will not report to work for set number of days or weeks.
  2. Intermittent - employee requests family and medical leave for separate periods of time.
  1. Intermittent leave is available for:
  • birth of my child or adoption or foster care placement subject to agreement by the district;
  • serious health condition of myself, spouse, parent, or child when medically necessary;
  • because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves;
  • because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
  1. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.
  2. During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits.  (For instructional employees, see G below.)

 

  1. Reduced work schedule - employee requests a reduction in the employee's regular work schedule.
  1. Reduced work schedule family and medical leave is available for:
  • birth of my child or adoption or foster care placement subject to agreement by the district;
  • serious health condition of myself, spouse, parent, or child when medically necessary;
  • because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves;
  • because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
  1. In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.
  2. During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and benefits.  (For instructional employees, see G below.)

 

  1. Special Rules for Instructional Employees.
  1. Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting.  This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.
  2. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent of the work days in the leave period may be required to:
  1. Take leave for the entire period or periods of the planned medical treatment; or,
  2. Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.
  1. Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester.  The number of weeks remaining before the end of a semester does not include scheduled school breaks, such as summer, winter or spring break.
  1. If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.
  2. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.
  3. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.
  1. The entire period of leave taken under the special rules is credited as family and medical leave.  The school district will continue to fulfill the school district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.

 

  1. Employee responsibilities while on family and medical leave.
  1. Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.
  2. The employee contribution payments will be deducted from any money owed to the employee or the employee will reimburse the school district at a time set by the superintendent.
  3. An employee who fails to make the health care contribution payments within thirty days after they are due will be notified that their coverage may be canceled if payment is not received within an additional 15 days.
  4. An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request.  
  5. The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.
  6. If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return.  The school district will cease benefits upon receipt of this notification.

 

  1. Use of paid leave for family and medical leave.

 

An employee may substitute unpaid family and medical leave with appropriate paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement.  Paid leave includes, but is not limited to, sick leave, family illness leave, vacation, personal leave, bereavement leave and professional leave.  When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.

 

Adopted: Unknown
Revised/Reviewed: 3.16.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 15:04

414.03.R2 Classified Employee Family and Medical Leave Definitions

414.03.R2 Classified Employee Family and Medical Leave Definitions

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

Active Duty - duty under a call or order to active duty under a provision of law referring to in section 101(a)(13) of title 10, U.S. Code.

Common Law Marriage - according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife.  There is no time factor that needs to be met in order for there to be a common law marriage.

Contingency Operation - has the same meaning given such term in section 101(a)(13) of title 10, U.S. Code.

Continuing Treatment - a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

  • A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
    • treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or
    • treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a the health care provider.
  • Any period of incapacity due to pregnancy or for prenatal care.
  • Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
    • requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
    • Continues over an extended period of time (including recurring episodes of a single underlying condition); and
    • May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
  • Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.
  • Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

Covered Servicemember - a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. 

Eligible Employee - the district has more than 50 employees on the payroll at the time leave is requested.  The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.

Essential Functions of the Job - those functions which are fundamental to the performance of the job.  It does not include marginal functions. 

Employment Benefits - all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."

Family Member - individuals who meet the definition of son, daughter, spouse or parent.

Group Health Plan - any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.

Health Care Provider-

  • A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
  • Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and
  • Nurse practitioners and nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and
  • Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts;
  • Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;
  • A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.

In Loco Parentis - individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.

Incapable of Self-Care - that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or "ADLs."  Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

Instructional Employee - an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired.  The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.

Intermittent Leave - leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.

Medically Necessary - certification for medical necessity is the same as certification for serious health condition.

"Needed to Care For" - the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care.  For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment.  It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.

Next of Kin - an individual's nearest blood relative

Outpatient Status - the status of a member of the Armed Forces assigned to –

  • either a military medical treatment facility as an outpatient; or
  • a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

Parent - a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child.  Parent does not include parent-in-law.

Physical or Mental Disability - a physical or mental impairment that substantially limits one or more of the major life activities of an individual.

Reduced Leave Schedule - a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

Serious Health Condition –

  • An illness, injury, impairment, or physical or mental condition that involves:
  • Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
  • Continuing treatment by a health care provider.  A serious health condition involving continuing treatment by a health care provider includes:
    • A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
    • Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or
    • Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
    • Any period of incapacity due to pregnancy or for prenatal care.
    • Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
    • Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
    • Continues over an extended period of time (including recurring episodes of s single underlying condition); and
    • May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
    • A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's a severe stroke or the terminal stages of a disease.
    • Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
  • Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
  • Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
  • Substance abuse may be a serious health condition if the conditions of this section are met.  However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider.  On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.
  • Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days.  For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level.  An employee who is pregnant may be unable to report to work because of severe morning sickness.

Serious Injury or Illness - an injury or illness incurred by a member of the Armed forces, including the National Guard or Reserves in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.

Son or daughter - a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis.  The child must be under age 18 or, if over 18, incapable of self-care because of a mental or physical disability.

Spouse - a husband or wife recognized by Iowa law including common law marriages. 

Adopted: Unknown
Revised/Reviewed: 3.16.2020

mameyer@hcsdcy… Wed, 10/23/2019 - 15:04

414.04 Classified Employee Bereavement Leave

414.04 Classified Employee Bereavement Leave

CLASSIFIED EMPLOYEE BEREAVEMENT LEAVE

Bereavement leave will be provisions will be established by the Board and outlined in the employee handbook on an annual basis.

It is the responsibility of the superintendent to make a recommendation to the board annually on bereavement leave for licensed employees.

Legal Reference:       
Iowa Code §§ 20 279.8.

Cross Reference:       
414      Classified Employee Vacations and Leaves of Absence

Adopted: 3.16.2020

kklaassen@hcsd… Mon, 05/04/2020 - 13:29

414.05 Classified Employee Political Leave

414.05 Classified Employee Political Leave

CLASSIFIED EMPLOYEE POLITICAL LEAVE

The board will provide a leave of absence to classified employees to run for elective public office.  The superintendent will grant a classified employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The classified employee will be entitled to one period of leave to run for the elective public office, and the leave may commence any time within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the superintendent at least thirty days prior to the starting date of the requested leave.

 

Legal Reference:       
Iowa Code ch. 55 (2013).

Cross Reference:       
401.9   Employee Political Activity
414      Classified Employee Vacations and Leaves of Absence

Adopted: 3.16.2020

kklaassen@hcsd… Mon, 05/04/2020 - 13:30

414.06 Classified Employee Jury Duty Leave

414.06 Classified Employee Jury Duty Leave

CLASSIFIED EMPLOYEE JURY DUTY LEAVE

The board will allow classified employees to be excused for jury duty unless extraordinary circumstances exist.  The superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.  

Classified employees will receive their regular salary.  Any payment for jury duty is turned over to the school district.

Legal Reference:       
Iowa Code §§ 20.9; 607A (2013).

Cross Reference:       
414      Classified Employee Vacations and Leaves of Absence

Adopted: 3.16.2020

kklaassen@hcsd… Mon, 05/04/2020 - 13:31

414.07 Classified Employee Military Service Leave

414.07 Classified Employee Military Service Leave

CLASSIFIED EMPLOYEE MILITARY SERVICE LEAVE

The board recognizes classified employees may be called to participate in the armed forces, including the National Guard.  If a classified employee is called to serve in the armed forces, the employee will have a leave of absence for military service until the military service is completed.

The leave is without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

Legal Reference:       
Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
Iowa Code §§ 20; 29A.28 (2013).

Cross Reference:       
414      Classified Employee Vacations and Leaves of Absence

Adopted: 3.16.2020

kklaassen@hcsd… Mon, 05/04/2020 - 13:33

414.08 Classified Employee Unpaid Leave

414.08 Classified Employee Unpaid Leave

CLASSIFIED EMPLOYEE UNPAID LEAVE

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies.  Unpaid leave for classified employees must be authorized by the superintendent.  

The superintendent will have complete discretion to grant or deny the requested unpaid leave.  In making this determination, the superintendent will consider the effect of the employee's absence on the education program and school district operations, length of service, previous record of absence, the financial condition of the school district, the reason for the requested absence and other factors the superintendent believes are relevant to making this determination.

If unpaid leave is granted, the duration of the leave period will be coordinated with the scheduling of the education program whenever possible to minimize the disruption of the education program and school district operations.

Whenever possible, licensed employees will make a written request for unpaid leave 21 days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary are made unless they are waived specifically by the superintendent.

Legal Reference:       
Iowa Code §§ 20.9; 279.8 (2013).

Cross Reference:       
414      Classified Employee Vacations and Leaves of Absence

Adopted: 3.16.2020

kklaassen@hcsd… Mon, 05/04/2020 - 13:34

414.09 Classified Employee Professional Purposes Leave

414.09 Classified Employee Professional Purposes Leave

CLASSIFIED EMPLOYEE PROFESSIONAL PURPOSES LEAVE

Professional purposes leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments.  Application for the leave must be presented to the supervising administrator 14 days prior to the meeting or conference.

It is within the discretion of the supervising administrator to grant professional purposes leave.  The leave may be denied on the day before or after a vacation or holiday, on special days when services are needed, when it would cause undue interruption of the education program and school district operations, or for other reasons deemed relevant by the superintendent.

Legal Reference:       
Iowa Code § 279.8 (2013).
281 I.A.C. 12.7.

Cross Reference:       
411      Classified Employees - General
408.1   Classified Employee Professional Development

Adopted: 3.16.2020

kklaassen@hcsd… Mon, 05/04/2020 - 13:35