400 Series: Employees

400 Series: Employees

Policy Manual

Grinnell-Newburg School District

400             Role of and Guiding Principles for Employees (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
401.1             Equal Employment Opportunity (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
401.2             Employee Conflict of Interest (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
401.3             Nepotism (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
401.4             Employee Complaints (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
401.5             Employee Records (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
401.5R1     Employee Records Regulation (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
401.6             Transporting of Students by Employees (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
401.7             Employee Travel Compensation (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
401.8             Recognition for Service of Employees (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
401.9             Employee Political Activity (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
401.10         Credit Cards (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
401.11         Employee Orientation (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
401.12         Employee Use of Cell Phones (approved: 9/25/15, reviewed: , revised:)
401.12R1     Employee Use of Cell Phones Regulation (approved: 9/25/15, reviewed:, revised:)
401.13         Staff Technology Use/Social Networking (approved: 9/25/15, reviewed:, revised:)
401.13R1     Staff Technology Use/Social Networking Regulation (approved: 9/25/15, reviewed:, revised:)
402.1             Release of Credit Information (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
402.2             Child Abuse Reporting (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
402.3             Abuse of Students by School District Employees (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
402.4             Gifts to Employees (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
402.5             Public Complaints about Employees (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
402.6             Employee Outside Employment (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
403.1             Employee Physical Examinations (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
403.2             Employee Injury On The Job (approved: 8/12/09, reviewed: 9/9/15, revised: 9/23/15)
403.3             Communicable Diseases – Employees (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
403.3E1     Hepatitis B Vaccine Information and Record (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
403.3R1     Universal Precautions Regulation ((approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
403.4             Hazardous Chemical Disclosure (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
403.5             Substance-Free Workplace (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
403.5E1     Substance-Free Workplace Notice to Employees (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
403.5R1     Substance-Free Workplace Regulation (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
403.6             Drug and Alcohol Testing Program (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
403.6E1     Drug and Alcohol Testing Program Notice to Employees (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
403.6E2     Drug and Alcohol Program and Pre-Employment Testing Acknowledgment Form (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
404             Employee Conduct and Appearance (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
404.R1         Code of Professional Conduct and Ethics Regulation (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
404.R2         Code of Rights and Responsibilities Regulation (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
405.1             Licensed Employee Defined (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
405.2             Licensed Employee Qualifications, Recruitment, Selection ((approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
405.3             Licensed Employee Individual Contracts (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
405.4             Licensed Employee Continuing Contracts (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
405.5             Licensed Employee Work Day (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
405.6             Licensed Employee Assignment (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
405.7             Licensed Employee Transfers (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
405.8             Licensed Employee Evaluation (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
405.9             Licensed Employee Probationary Status (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
406.1             Licensed Employee Salary Schedule (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
406.2             Licensed Employee Salary Schedule Advancement (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
406.3             Licensed Employee Continued Education Credit (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
406.4             Licensed Employee Compensation for Extra Duty (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
406.5             Licensed Employee Group Insurance Benefits (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
406.6             Licensed Employee Tax Shelter Programs (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
407.1             Licensed Employee Resignation (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
407.2             Licensed Employee Contract Release (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
407.3             Licensed Employee Retirement (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
407.4             Licensed Employee Suspension (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
407.5             Licensed Employee Reduction In Force (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
407.6             Licensed Employee Early Retirement (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
407.6E1     Licensed Employee Resignation And Request For Early Retirement (approved: 8/12/09, reviewed: 9/25/15, revised: 1/6/10)
407.6E2     Licensed Employee Release (approved: 8/12/09, reviewed: 11/9/16, revised: 1/6/10)
407.6E3     Licensed Employee Designation Of Beneficiary (approved: 8/12/09, reviewed: 1/9/16, revised: 1/6/10)
407.6E4     Licensed Employee Agreement Not To Seek Re-Employment (approved: 8/12/09: reviewed: 11/9/16, revised 1/6/10)
408.1             Licensed Employee Professional Development (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
408.2             Licensed Employee Publication or Creation of Materials (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
408.3             Licensed Employee Tutoring (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
409.1             Licensed Employee Vacation, Holidays, Personal Leave (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
409.2             Licensed Employee Personal Illness Leave (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
409.3             Licensed Employee Family and Medical Leave (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
409.3E1     Licensed Employee Family and Medical Leave Notice to Employees (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
409.3E2     Licensed Employee Family and Medical Leave Request Form (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
409.3E3     Licensed Employee Family and Medical Leave Certification Form (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
409.3R1     Licensed Employee Family and Medical Leave Regulation ((approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
409.3R2     Licensed Employee Family and Medical Leave Definitions (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
409.4             Licensed Employee Bereavement Leave (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
409.5             Licensed Employee Political Leave (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
409.6             Licensed Employee Jury Duty Leave (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
409.7             Licensed Employee Military Service Leave (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
409.8             Licensed Employee Unpaid Leave (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
410.1             Substitute Teachers (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
410.2             Summer School Licensed Employees (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
410.3             Truancy Officer (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
410.4             Education Associate (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
411.1             Classified Employee Defined (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
411.2             Classified Employee Qualifications, Recruitment, Selection (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
411.3             Classified Employee Contracts (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
411.4             Classified Employee Licensing/Certification (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
411.5             Classified Employee Assignment (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
411.6             Classified Employee Transfers (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
411.7             Classified Employee Evaluation ((approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
411.8             Classified Employee Probationary Status (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
412.1             Classified Employee Compensation (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
412.2             Classified Employee Wage and Overtime Compensation (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
412.3             Classified Employee Group Insurance Benefits (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
412.4             Classified Employee Tax Shelter Programs (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
413.1             Classified Employee Resignation (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
413.2             Classified Employee Retirement (approved: 8/12/09, reviewed: 11/9/16, revised 1/6/10)
413.2E1     Resignation And Request For Early Retirement (approved: 8/12/09, reviewed: 11/9/16, revised 1/6/10)
413.2E2     Classified Employee Early Retirement Release Form (approved: 8/12/09, reviewed: 11/9/16, revised: 1/6/10)
413.2E3     Classified Employee Early Retirement Designation of Beneficiary (approved: 8/12/09, reviewed: 11/9/16, revised: 1/6/10)
413.2E4     Classified Employee Early Retirement Agreement Not To Seek Re-Employment (approved: 18/12/09, reviewed: 1/9/16, revised: 1/6/10)
413.3             Classified Employee Suspension (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
413.4             Classified Employee Dismissal (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
413.5             Classified Employee Reduction in Force (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
414.1             Classified Employee Vacations, Holidays, Personal Leave(approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
414.2             Classified Employee Personal Illness Leave (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
414.3             Classified Employee Family and Medical Leave (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
414.3E1     Classified Employee Family and Medical Leave Notice to Employees (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
414.3E2     Classified Employee Family and Medical Leave Request Form (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
414.3E3     Classified Employee Family and Medical Leave Certification Form (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
414.3R1     Classified Employee Family and Medical Leave Regulation (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
414.3R2     Classified Employee Family and Medical Leave Definitions (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
414.4             Classified Employee Bereavement Leave (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
414.5             Classified Employee Political Leave (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
414.6             Classified Employee Jury Duty Leave (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
414.7             Classified Employee Military Service Leave (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
414.8             Classified Employee Unpaid Leave (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)
414.9             Classified Employee Professional Purposes Leave (approved: 8/12/09, reviewed: 9/25/15, revised: 9/9/09)

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. Board policies in this series relating to general employees shall apply to employees regardless of their position as a licensed employee, classified employee, substitute or administrator.

Board policies relating to licensed employees shall apply to positions that require a teaching license or administrator's certificate or other professional license, certificate or endorsement, unless administrative positions are specifically excluded from the policy. Classified employees' policies included in this series shall apply to positions that do not fall within the definition of licensed employee.

Approved: 9-25-15

Reviewed:

Revised:

 

401.1 Equal Employment Opportunity

10Code No. 401.1

Page 1 of 2

EQUAL EMPLOYMENT OPPORTUNITY

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

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

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

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

Advertisements and notices for vacancies within the district will contain the following statement: EEO/AA. 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, Grinnell Newburg Community School District, Grinnell, Iowa 50112; or by telephoning 641-236-2700.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights, U.S. Department of Education, 310 W. Wisconsin Ave., Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111 or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or 1-800-457-4416, http://www.state.ia.us/government/crc/index.html. This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

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

NOTE: This is a mandatory policy and reflects the law. The language on background checks is not required to be in policy, but is recommended. Boards choosing to perform background checks may add this language or develop their own. For more detailed discussion of this issue, see IASB's Policy Primer, June 8, 2007 and October 4, 2001.

Legal Reference:     
29 U.S.C. §§ 621-634 (2012).
42 U.S.C. §§ 12101 et seq. (2012).
Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8;
281 I.A.C. 12.4; 95.
281 I.A.C. 14.1; 2000

Cross Reference:

102 Equal Educational Opportunity

104 Bullying/Harassment

405.2 Licensed Employee Qualifications, Recruitment, Selection

411.2 Classified Employee Qualifications, Recruitment, Selection
 

Approved: 9-23-2015   

Reviewed:

Revised:

      

401.2 Employee Conflict of Interest

Code No. 401.2

 

EMPLOYEE CONFLICT OF INTEREST

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

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

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

It will also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities. In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist will include, but not be limited to, any of the following:

  1. The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district's badge, uniform, business card or other evidences of office to give the employee or the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public. For purposes of this section, a person is not "similarly situated" merely by being related to an employee who is employed by the school district.
  2. The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district.
  3. The outside employment or activity is subject to the official control, inspection, review, audit or enforcement authority of the employee during the performance of the employee's duties.

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

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

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

NOTE: This policy is a reflection of Iowa law.

Legal Reference:     
7 C.F.R. 3016 36(3)
Iowa Code §§ 20.7; 68B; 279.8; 301.28 (2013).

Cross Reference:     
203 Board of Directors' Conflict of Interest
402.4 Gifts to Employees
402.6 Employee Outside Employment
404 Employee Conduct and Appearance

Approved: 9-23-2015

Reviewed:

Revised:

401.3 Nepotism

Code No. 401.3

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.

NOTE: School district employment of more than one family member is permissible by law. School districts, however, have the discretion to prohibit the hiring of family members. Boards that choose to prohibit nepotism should do so in board policy.

Boards that permit nepotism may want to add certain requirements to the hiring of family, such as requiring board approval prior to hire. It is recommended that one family member not be allowed to supervise or evaluate another family member unless the superintendent or board approves it. This policy is written to permit nepotism and, upon approval of the superintendent, one family member may supervise another.

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

Approved: 9-23-2015

Reviewed:

Revised:

401.4 Employee Complaints

Code No. 401.4

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.

A formal grievance procedure is contained in the master contract between the employee's licensed bargaining unit and the board. This policy will not apply to a complaint that has been or could be filed at the employee's discretion under that formal grievance procedure.

Legal Reference:     Iowa Code §§ 20.7, .9; 279.8 (2013).

Cross Reference:     307 Communication Channels

Approved: 9-23-2015

Reviewed:

Revised:

401.5 Employee Records

Code No. 401.5

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.

NOTE: This is not a mandatory policy but is a recommended one. It reflects current state and federal laws protecting the confidentiality and retention of employee records. Separate medical files is a requirement of the American with Disabilities Act.

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

Approved: 9-23-2015

Reviewed:

Revised:

401.5R1 Employee Records Regulation

Code No. 401.5R1

EMPLOYEE RECORDS REGULATION

Employee Personnel Records Content

  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.
  • Application, 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 are 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.
  1. The following are considered public personnel records available for inspection:
  • The name and compensation of the individual, including any written agreement establishing compensation or any other terms of employment, except for that information that is otherwise protected. “Compensation” includes the value of benefits conferred including, but not limited to: casualty, disability, life or health insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments, retirement benefits and deferred compensation;
  • The dates the individual was employed by the government body;
  • The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual, legal and statutory remedies; and
  • Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to the Family Educational Rights Act (FERPA.)

Applicant File Records Content

 

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

  • Application 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 will 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.

 

Employee Record Retention

 

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

 

Approved: 9-23-2015

Reviewed:

Revised:

401.6 Transporting of Students by Employees

Code No. 401.6

TRANSPORTING OF STUDENTS BY EMPLOYEES

Generally, transportation of students is in a motor vehicle owned by the school district and driven by an employee. In some cases, it may be more economical or efficient for the school district to allow an employee of the school district to transport the students in the employee's motor vehicle. Employees who transport students for school purposes must have the permission of the principal, the activities director, or the superintendent. This policy statement applies to transportation of students for school purposes in addition to the regular bus route transporting students to and from their designated attendance center. Employees who transport students in the employees’ personal vehicle must have a current copy of their vehicle insurance in the vehicle and a valid driver’s license on their person.

Legal Reference:         
Iowa Code chs. 285; 321 (2013).

Cross Reference:         
401.7 Employee Travel Compensation
711 Transportation
904.1 Transporting Students in Private Vehicles

Approved: 9-23-2015

Reviewed:

Revised:

 

401.7 Employee Travel Compensation

Code No. 401.7

 

EMPLOYEE TRAVEL COMPENSATION

 

Employees traveling on behalf of the school district and performing approved school district business will be reimbursed for their actual and necessary expenses. Actual and necessary travel expenses will include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses and registration costs. The school district maintains travel expense reimbursement guidelines for in-state and out-of-state travel. These guidelines delineate the maximum amounts to be reimbursed for lodging, meals, mileage and other travel-related expenses. These guidelines are approved annually by the board, or as needed.

 

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 approved by the superintendent.

 

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 receipt, indicating the date, purpose and nature of the expense for each claim item. In exceptional circumstances, the superintendent may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances is maintained as part of the school district's record of the claim.

 

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

 

Reimbursement for actual and necessary expenses 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.

 

Travel Within the School District

 

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

 

Employees who are allowed an in-school district travel allowance will have the amount of the allowance actually received during each calendar year included on the employee's W-2 form as taxable income according to the Internal Revenue Code.

 

The superintendent is responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment of school district vehicles. The administrative regulations will include the appropriate forms to be filed for reimbursement to the employee from the school district and the procedures for obtaining approval for travel outside of and within the school district.

 

NOTE: This policy contains auditor's requirements for a travel compensation policy, including incidental vehicle use, reimbursement by employees for personal use, travel between attendance centers and taxation of additional compensation. As a result, most of the language of the policy is mandatory.

Legal Reference:     
Iowa Constitution, Art. III, § 31.
Iowa Code §§ 70A.9-.11 (2013).
1980 Op. Att'y Gen. 512.

Cross Reference:     
216.3 Board of Directors' Member Compensation and Expenses
401.6 Transporting of Students by Employees
401.10 Credit Cards 904.1 Transporting Students in Private Vehicles

Approved: 9-23-2015

Reviewed:

Revised:

401.8 Recognition for Service of Employees

Code No. 401.8

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.

NOTE: Because of the constitutional limitations on the use of public funds, it is questionable whether a school district can use public funds for recognition of employees. School districts that have a practice of recognizing resigning or retiring employees should have a board policy, and the superintendent should document why a certain expenditure is appropriate.

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

Approved: 9-23-2015

Reviewed:

Revised:

401.9 Employee Political Activity

Code No. 401.9

EMPLOYEE POLITICAL ACTIVITY

 

Employees will not engage in political activity upon property under the jurisdiction of the board. 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, 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.

NOTE: This policy is required by federal law.

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

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

Approved: 9-23-2015

Reviewed:

Revised:

401.10 Credit Cards

Code No. 401.10

CREDIT CARDS

Employees may use school district credit 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, 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 card must submit a detailed receipt in addition to a credit 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 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 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 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 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 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 card. The administrative regulations will include the appropriate forms to be filed for obtaining a credit card.

NOTE: School districts that have credit cards must have a board policy. School districts that have only a gasoline credit card should amend this policy to reflect their practice.

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

Approved: 9-23-2015

Reviewed:

Revised:

401.11 Employee Orientation

Code No. 401.11

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. Regular employees ineligible for the school district’s group health insurance will be given information regarding where they can obtain health care or health care insurance.

NOTE: This is not a required policy. Boards that adopt this policy must ensure that it is followed. The sentence implementing the access to health care rules is the last sentence.

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

Approved: 9-23-2015

Reviewed:

Revised:

401.12 Employee Use of Cell Phones

Code No. 401.12

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.

Employees may possess and use cell phones during the school day as outlined in this policy. Employees should not use cell phones for personal business while on-duty, including staff development times, parent-teacher conferences etc., except in the case of an emergency or during prep time or break/lunch times. Employees, except for bus drivers, see below, are prohibited from using any communication device while operating the bus except in the case of an emergency or to call for assistance, after the vehicle has been stopped.

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.

Legal Reference:     
Internal Revenue Comment Notice, 2009-46, http://www.irs.gov/irb/2009-23_IRB/ar07.html
Iowa Code §§ 20; 279.8 (2013).     
191 I.A.C. 74.

Cross Reference:     
406 Licensed Employee Compensation and Benefits
412 Classified Employee Compensation and Benefits
707.5 Internal Controls

 

Approved: 9-23-2015

Reviewed:

Revised:

401.12R1 Employee Us of Cell Phones Regulation

Code No. 401.12R1

Page 1 of 2

EMPLOYEE USE OF CELL PHONES 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, meeting, 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 are prohibited from using a cell phone while driving, unless in the case of an emergency, unless the vehicle has come to a complete stop.
  4. Cell phones are provided specifically to carry official school district business when other means of communications are not readily available. These devices may not be used for routine personal communication except in emergencies.
  5. Personal use of school-provided cell phones is limited to making or receiving calls for family emergency purposes, including contacting a family member or child care provider to advise that the employee is going to be late arriving home or picking up children for a reason directly related to his/her official school district duties, i.e., a meeting which runs later than expected or a last minute schedule change. Whenever possible, such calls should be made or received on a school district for other public telephones.
  6. Employees issued a cell 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.
  7. Cell phones and any other school district issued communication equipment issued for employees are to be returned to the board secretary at the conclusion of the school year, activity or otherwise specified or immediately upon request.

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

Cell phones may be assigned or made available on a temporary basis, by the superintendent, when it is determined:

  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 require 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.

Cell Phone Buiness Procedures

School district employees may be reimbursed for use of privately owned cell phones to conduct school district business in accordance with board policy and this regulation, with prior approval of the superintendent.

  1. Requests for reimbursement for authorized use of employee owned cell phones are to be submitted on school district provided forms accompanied by a copy of the billing statement with the school district business related calls highlighted. A notation for each highlighted entry, indicating the nature of the call is required. The employee’s immediate supervisor must sign -off on the billing statement verifying the calls were school district business related. School district reimbursement for authorized use of employee owned cell phones will be made in conformance with school district payment procedures. Request for reimbursement, including the highlighted billing statement must be submitted within thirty (30) days of the end of the time period for which reimbursement is requested. Requests submitted after the reimbursement deadline has passed will be denied.
  2. On a monthly basis all personal calls on a district-provided cell phone are to be highlighted on the billing statement by the user. A notation for each highlighted entry indicating the nature of the call is required. The cost of all personal calls made/received by an employee are to be totaled and a check written for the amount to the school district. Requests for reimbursement, including the highlighted billing statement must be submitted within thirty (30) days of the end of the time period for which reimbursement is requested. Requests submitted after the reimbursement deadline has passed will be denied.

Approved 9/23/2015

401.13 Staff Technology Use/Social Networking

Code No. 401.13

STAFF TECHNOLOGY USE/SOCIAL NETWORKING

Computers are a powerful and valuable education and research tool and, as such, are an important part of the instructional program. In addition, the school district depends upon computers as an integral part of administering and managing the school’s 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 Technology Integrationist Specialist who will oversee the use of school district computer resources. The Technology Integrationist Specialist will prepare in-service programs for the training and development of school district staff in computer skills, appropriate use of computer for the incorporation of comput use in subject areas.

The superintendent, working with appropriate staff, shall establish regulations governing the use and security of the school district’s computer 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 computer access privileges.

Usage of the school district’s computer resources is a privilege, not a right, and that use entails responsibility. All information on the school district’s computer 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 computer records in order to exercise appropriate control over computer records, including financial, personnel and student information. The procedures will address:

  • passwords,
  • system administration,
  • seperation 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 employees 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. Employees shall not use school district time or property on external sites that are not in direct-relation to the employee’s job. Employees, student 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, student and volunteers who don’t want school administrators 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 start a social media site for school district sanctioned activities, should contact the superintendent.

 

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

Legal Reference:     
Iowa Code §279.8 (2013).     

282 I.A.C. 25, 26

 

Cross Reference:     
104 Anti-Bullyng/Harassment
          
306 Administrator Code of Ethics

401.11 Employee Orientation
407 Licensed Employee Termination of Employment
413 Classified Employee Termination of Employment
605 Instructional Materials

Approved 9/23/2015

401.13R1 Staff Technology Use/Social Networking Regulation

Code No. 401.13R1

STAFF TECHNOLOGY USE/SOCIAL NETWORKING 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.
  • 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 on a school district computer, 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 [insert title.]
  • Employees may access the Internet for education-related and/or work-related activities.
  • Employees shall refrain from using computer resources for personal use, including access to social networking sites.
  • Use of the school district computers and school e-mail address is a public record. Employees cannot have an expectation of privacy in the use of the school district’s computers.
  • Use of computer 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 computer 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 gain.
  • Infringing on any copyrights or other intellectual property rights, including copying, installing, receiving, transmitting or making available any copyrighted software on the school district computer network. See Policy 605.7, 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 Technology Integrationist Specialist.
  • Using the network in a fashion inconsistent with directions from teachers and other staff and generally accepted network etiquette.

Other Technology Issues

 

Employees with personal cell phones should not be using the phones for school district business. Employees should contact students and their parents through the school district computer or phone unless in the case of an emergency or with prior consent of the principal. Employees should not release their cell phone number, personal e-mail address, etc. to students or their parents. 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 is included in the text address list.

Approved 9/23/2015

402.1 Release of Credit Information

Code No. 402.1

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 with a written authorization from the employee.

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

NOTE: This policy lists the information the school district will release to a credit agency without prior notice to the employee. The items listed are all public records and can be disclosed without prior notice. Prior to releasing other information, a school district must get consent from the employee. It is recommended that this consent be written.

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

Cross Reference:     
401.5 Employee Records

Approved 9/23/2015

402.2 Child Abuse Reporting

Code No. 402.2

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. Employees are encouraged, and licensed employees are required as mandatory reporters, to report alleged incidents of child abuse they become aware of within the scope of their professional duties.

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

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

NOTE: This policy reflects the current status of Iowa law regarding child abuse reporting. For more information please go to the Iowa Department of Human Services Web site at: http://www.dhs.state.ia.us/Consumers/Safety_and_Protection/Abuse_Reporting/ChildAbuse.html

Legal Reference:     
Iowa Code §§ 232.67-.77; 232A; 235A; 280.17 (2013).
441 I.A.C. 9.2; 155; 175.
1982 Op. Att'y Gen. 390, 417.     
1980 Op. Att'y Gen. 275.

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

Approved 9/23/2015

402.3 Abuse of Students by School District Employees

Code No. 402.3

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.

NOTE: This policy is a reflection of current Iowa law regarding abuse of students by school district employees. Refer to the Iowa Department of Education training manual for supporting materials and forms.

https://www.educateiowa.gov/documents/laws-and-regulations/2013/10/chapter-102-level-i-investigator-manual

The last sentence of the third paragraph is mandatory in the law and is an item in the DE accreditation report.

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

Approved 9/23/2015

402.4 Gifts to Employees

Code No. 402.4

GIFTS TO EMPLOYEES
 

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

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

  • Is seeking to be, or is a party to, any one or any combination of sales, purchases, leases or contracts to, from or with the school district;
  • Will be directly and substantially affected financially by the performance or 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 material relevant to an employee's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;
  • Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
  • An inheritance;
  • Anything available or distributed to the general public free of charge without regard to the official status of the employee;
  • Items received from a charitable, professional, educational or business organization to which the employee belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;
  • Actual expenses of an employee for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
  • Plaques or items of negligible resale value given as recognition for public service;
  • Non-monetary items with a value of less than three dollars that are received from any one donor during one calendar day;
  • Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member 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 government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government 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 nonmonetary 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.

 

NOTE: This policy is a reflection of the current Iowa law regarding gifts to school district employees.
 

Legal References:     
Iowa Code ch. 68B (2013).
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

Approved 9/23/2015

402.5 Public Complaints about Employees

Code No. 402.5

PUBLIC COMPLAINTS ABOUT EMPLOYEES

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

The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern. Whenever a complaint or concern is brought to the attention of the board it will be referred to the administration to be resolved. Prior to board action however, the following should be completed:

  1. Matters should first be addressed to the teacher or employee.
  2. Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the employee's building principal for licensed employees and the superintendent for classified employees.
  3. Unsettled matters regarding licensed employees from (b) above or problems and questions concerning the school district should be directed to the superintendent.
  4. If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board. To bring a concern regarding an employee, the individual may notify the board president in writing, who may bring it to the attention of the entire board, or the item may be placed on the board agenda of a regularly scheduled board meeting in accordance with board policy 214.1.

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

NOTE: School districts with a different procedure for addressing complaints about employees should insert it here.
 

Legal Reference:     
Iowa Code § 279.8 (2013).

Cross Reference:     
210.8 Board Meeting Agenda

213 Public Participation in Board Meetings
307 Communication Channels

Approved 9/23/2015

402.6 Employee Outside Employment

Code No. 402.6

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

Approved 9/23/2015

403.1 Employee Physical Examination

Code No. 403.1

EMPLOYEE PHYSICAL EXAMINATIONS

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

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

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

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

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

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

Legal Reference:     
29 C.F.R. Pt. 1910.1030 (2012).

Iowa Code §§ 20.9; 279.8, 321.376 (2013).
281 I.A.C. 12.4(14); 43.15 -.20.

Cross Reference:     
403 Employees' Health and Well-Being

Approved 9/23/2015

403.2 Employee Injury on the Job

Code No. 403.2

EMPLOYEE INJURY ON THE JOB

When an employee becomes seriously injured on the job, the employee’s supervisor will attempt to notify a member of the family, or an individual of close relationship, as soon as the employee’s supervisor becomes aware of the injury. If possible, an employee may administer emergency or minor first aid. An injured employee will be turned over to the care of the employee's family or qualified medical employees as quickly as possible. The school district is not responsible for medical treatment of an injured employee.

It is the responsibility of the employee injured on the job to inform the superintendent within twenty four hours of the occurrence. It is the responsibility of the employee's immediate supervisor to file an accident report within twenty-four hours after the employee reported the injury.

It is the responsibility of the board secretary to file worker’s comp claims.

Legal Reference:     
Iowa Code §§ 85; 279.40; 613.17 (2013).

1972 Op. Att'y Gen. 177.

Cross Reference:     
403 Employees' Health and Well-Being

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

Approved 9/23/2015

403.3 Communicable Diseases-Employees

Code No. 403.3

 

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.
 

NOTE:  This policy is consistent with current health practices regarding communicable diseases.  The bloodborne pathogen language in the second paragraph and accompanying regulation is in compliance with federal law on control of bloodborne pathogens.

 

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

 

Approved 9/23/2015

403.3E1 Hepatitis B Vaccine Information and Record

Code No. 403.3E1

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 persons 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.

 

Code No. 403.3E1

HEPATITIS B VACCINE INFORMATION AND RECORD

CONSENT FORM OF HEPATITIS B VACCINATION

I have knowledge of Hepatitis B and the 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 the 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

 

Code No. 403.3E1

Page 3 of 5

HEPATITIS B VACCINE INFORMATION AND RECORD

RELEASE FORM FOR HEPATITIS B MEDICAL INFORMATION

I hereby authorize _____________________(individual or organization holding Hepatitis B records and

address) to release to the Grinnell-Newburg Community School District, my Hepatitis B vaccination

records for required employee records.

 

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

 

_________________________________________________             ___________

Signature of Employee (refusal for Hepatitis B vaccination                 Date

 

_________________________________________________             ___________

Signature of Witness                                                          Date

 

 

Code No. 403.3E1

Page 4 of 5

HEPATITIS B VACCINE INFORMATION AND RECORD

CONFIDENTIAL RECORD

 

__________________________________            __________________

Employee Name (last, first, middle)                Social Security No.

 

Job Title: ______________________________________

 

Hepatitis B Vaccination        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 source individual:

 

_______________________________________________________________________________

 

_______________________________________________________________________________

 

Code No. 403.3E1

Page 5 of 5

HEPATITIS B VACCINE INFORMATION AND RECORD

Source blood testing consent:

_______________________________________________________________________________

_______________________________________________________________________________

Description of employee’s duties as related to the exposure evaluating an employee after an 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)

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

Approved 9/23/2015

403.3R1 Universal Precautions Regulation

Code No. 403.3R1

Page 1 of 2

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 secretions, vomitus and urine unless blood is visible in the material.  However, these OBFW can be sources of other infections and should be handled as if they are infectious.  The single most important step in preventing exposure to and transmission of any infection is anticipating potential contact with infectious materials in routine as well as emergency situations.  Based on the type of possible contact, employees and students should be prepared to use the appropriate precautions prior to the contact.  Diligent and proper hand washing, the use of barriers, appropriate disposal of waste products and needles, and proper decontamination of spills are essential techniques of infection control.  All individuals should respond to situations practicing 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 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 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.

Approved 9/23/2015

403.4 Hazardous Chemical Disclosure

Code No. 403.4

HAZARDOUS CHEMICAL DISCLOSURE

The board authorizes 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 annually review information about hazardous substances in the workplace. 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 employee's orientation. 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 take place.

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

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

NOTE: This policy reflects current law on employees' right to know about hazardous substances in the workplace.

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

Approved 9/23/2015

403.5 Substance-Free Workplace

Code No. 403.5

 

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, barbituate, 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 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.

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. 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.

NOTE: This is a federally mandated policy and is in compliance with federal law. There is an option in the third paragraph that allows the board to require the employee to complete a treatment program. This option is not a federal requirement but may be added by the board. If this sentence is left in the policy, corresponding changes need to be made in the accompanying regulation and exhibits.

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

Approved 9/23/2015

403.5 E1 Substance-Free Workplace Notice to Employees

Code No. 403.5E1

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 the employee is 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 [or 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

Approved 9/23/2015

403.5R1 Substance-Free Workplace Regulation

Code No. 403.5R1

 

SUBSTANCE-FREE WORKPLACE REGULATION

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

  1. Identification - the superintendent will 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.

Approved 9/23/2015           

403.6 Drug and Alcohol Testing Program

Code No. 403.6

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 and post-accident, return-to-duty and follow-up 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 transportation director at 1524 Garfield Avenue, Grinnell, IA 50112.

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.

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.

Legal Reference:     
American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 (4th Cir. 1995).

49 U.S.C. §§ 5331 et seq. (2004).
42 U.S.C. §§ 12101 (2004).
41 U.S.C. §§ 701-707 (2004).
49 C.F.R. Pt. 40; 382; 391.81-123 (2004).
34 C.F.R. Pt. 85 (2002). Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington, PERB No. 3876 (3-26-91).
Iowa Code §§ 124; 279.8; 321.375(2); 730.5 (2007).

Cross Reference:     
403.5 Substance-Free Workplace

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

Approved 9/23/2015

403.6E1 Drug and Alcohol Testing Program Notice to Employees

Code No. 403.6E1

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, 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.

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.  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.

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.

Approved 9/23/2015

403.6E2 Drug and Alcohol Testing Program Acknowledgment Form

Code No. 403.6E2

DRUG & ALCOHOL TESTING PROGRAM ACKNOWLEDGMENT FORM

I, _______________________, have received a copy, read and understand the Drug and Alcohol Testing Program policy of the Grinnell-Newburg 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 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.

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.

 

Approved 9/23/2015

404 Employee Conduct and Appearance

Code No. 404

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.

NOTE: The Board of Educational Examiners' Criteria of Professional Practices are included as a regulation to this policy.

Legal Reference:     
Iowa Code § 279.8 (2013).

282 I.A.C. 13.25, .26.

Cross Reference:   
104 Anti-Bullying/Harassment

306 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

Approved 9/23/2015

404R1 Code of Professional Conduct and Ethics Regulation

Code No. 404.R1

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 school personnel, who provides educational assistance to students and who holds a license, certificate, or other authorization issued by the board.

“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.

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:

  1. Fraud. Fraud in the procurement or renewal of a practitioner’s license.
  2. Criminal convictions. The commission of or conviction for a criminal offense as defined by Iowa law or the laws of any other state or of the United States, 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;
  • Detention in a brothel;
  • Assault with intent to commit sexual abuse;
  • Indecent contact with a child;
  • Sexual exploitation by a counselor;
  • Lascivious conduct with a minor; or,
  • Sexual exploitation by a school employee;
  1. Incest involving a child as prohibited by IOWA CODE section 726.2;
  2. Dissemination and exhibition of obscene material to minors as prohibited by IOWA CODE section 728.2; or,
  3. Telephone dissemination of obscene material to minors as prohibited by IOWA CODE section 728.15.
  1. 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.
  1. 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.
  2. 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).
  3. 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; or
    6. Failing to report any suspected act of child or dependent adult abuse as required by state law.

25.3(2) Standard II—alcohol or drug abuse.

Violation of this standard includes:

  1. 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.
  2. 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:

  1. 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.
  2. Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.
  3. Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.
  4. Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282—Chapter 17.
  5. 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:

  1. Failing to account properly for funds collected that were entrusted to the practitioner in an educational context.
  2. Converting public property or funds to the personal use of the practitioner.
  3. Submitting fraudulent requests for reimbursement of expenses or for pay.
  4. Combining public or school-related funds with personal funds.
  5. Failing to use time or funds granted for the purpose for which they were intended.

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

  1. Violation of this standard includes:

    1. Signing a written professional employment contract while under contract with another school, school district, or area education agency.
    2. Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract. An administrator shall make a good faith effort to determine whether the practitioner has been released from the current contract.
    3. Abandoning a written professional employment contract without prior unconditional release by the employer.
    4. 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.
    5. As a practitioner, executing a written professional employment contract, which requires the performance of duties that the practitioner is not legally qualified to perform.
  2. 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
      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:

  1. Denying the student, without just cause, access to varying points of view.
  2. Deliberately suppressing or distorting subject matter for which the educator bears responsibility.
  3. Failing to make reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.
  4. Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.
  5. 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, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.
  6. Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.
  7. Accepting gifts from vendors or potential vendors where there may be the appearance of or an actual conflict of interest.
  8. 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.
  9. Refusing to participate in a professional inquiry when requested by the board.
  10. Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.
  11. 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.
  12. Delegating tasks to unqualified personnel.
  13. Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.
  14. Allowing another person to use one’s practitioner license for any purpose.
  15. Performing services beyond the authorized scope of practice for which the individual is licensed or prepared or performing services without holding a valid license.
  16. Falsifying, forging, or altering a license issued by the board.
  17. 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.
  18. 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 student loan obligations and child support obligations. Violation of this standard includes:

  1. Failing to comply with 282—Chapter 9 concerning repayment of student loans.
  2. Failing to comply with 282—Chapter 10 concerning child support obligations.

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

  1. Willfully or repeatedly departing from or failing to conform to the minimum standards of acceptable and prevailing educational practice in the state of Iowa.
  2. Willfully or repeatedly failing to practice with reasonable skill and safety.

Approved 9/23/2015

404R2 Code of Rights and Responsibilities Regulation

Code No. 404.R2

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.

Approved 9/23/2015

405.1 Licensed Employee Defined

Code No. 405.1

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; 41.25.
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

Approved 9/23/2015

405.2 Licensed Employee Qualifications, Recruitment, Selection

Code No. 405.2

LICENSED EMPLOYEE QUALIFICATIONS, RECRUITMENT, SELECTION

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

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

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

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

NOTE: Marital status is not a protected class for employees. The class may be added at the discretion of the board. Boards may delegate the hiring of teachers to the superintendent. If the board decides to do so, the delegation must be in board policy so boards should either accept the language in the board policy or develop their own. For more detailed discussion of this issue, see IASB Wednesday, September 23, 2009s Policy Primer, Vol. 19 0910 – June 8, 2007.

Legal Reference:     
29 U.S.C. §§ 621-634 (2012).

42 U.S.C. §§ 2000e, 12101 et seq. (2012).
Iowa Code §§ 20; 35C; 216; 279.13 (2013).
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 Teachers

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

 

405.3 Licensed Employee Individual Contracts

Code No. 405.3

LICENSED EMPLOYEE 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 one year.

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.

NOTE: By law, the board president must sign all employment contracts and must do so prior to the employee signing the contract. Individual teaching contracts cannot exceed one year.

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 (1898).
Iowa Code chs. 20; 279 (2013).

Cross Reference:     
405.2 Licensed Employee Qualifications, Recruitment, Selection

405.4 Licensed Employee Continuing Contracts
407 Licensed Employee Termination of Employment

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

 

405.4 Licensed Employee Continuing Contracts

Code No. 405.3

LICENSED EMPLOYEE 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 one year.

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.

NOTE: By law, the board president must sign all employment contracts and must do so prior to the employee signing the contract. Individual teaching contracts cannot exceed one year.

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 (1898).
Iowa Code chs. 20; 279 (2013).

Cross Reference:     
405.2 Licensed Employee Qualifications, Recruitment, Selection

405.4 Licensed Employee Continuing Contracts
407 Licensed Employee Termination of Employment

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

405.5 Licensed Employee Work Day

Code No. 405.5

LICENSED EMPLOYEE WORK DAY

The work day for licensed employees will begin each day of the school year at a time established by the superintendent. Licensed employees who are employed only during the academic year will have the same work day as other licensed employees. "Day" is defined as one work day regardless of full-time or part-time status of an employee.

Licensed employees are to be in their assigned school building during the work day. Advance approval to be absent from the school building must be obtained from the principal whenever the licensed employees must leave the school building during the work day.

The building principal is authorized to make changes in the work day in order to facilitate the education program. These changes are reported to the superintendent.

The work day outlined in this policy is a minimum work day. Nothing in this policy prohibits licensed employees from working additional hours outside the work day.

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

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

Cross Reference:     
200.2 Powers of the Board of Directors

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

 

405.6 Licensed Employee Assignment

Code No. 405.6

LICENSED EMPLOYEE ASSIGNMENT

Determining the assignment of each licensed employee is the responsibility of and within the sole discretion of the board. In making such assignments the board will consider the qualifications of each licensed employee and the needs of the school district. It is the responsibility of the superintendent to make recommendations to the board regarding the assignment of licensed employees. The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding assignment of such employees will be followed.

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

Cross Reference:
200.2 Powers of the Board of Directors

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

405.7 Licensed Employee Transfers

Code No. 405.7

LICENSED EMPLOYEE TRANSFERS

 

Determining the location where an employee's assignment will be carried out is the responsibility and within the sole discretion of the board. In making such assignments the board will consider the qualifications of each licensed 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 make recommendations to the board regarding the transfer of licensed employees. The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding transfers of employees will be followed.

 

Legal Reference:     

Iowa Code §§ 20.9; 216.14; 279.8 (2013).

 

Cross Reference:   

405.2 Licensed Employee Qualifications, Recruitment, Selection

405.6 Licensed Employee Assignment

 

Approved 9/23/2015

 

Grinnell-Newburg School District, Grinnell, IA

405.8 Licensed Employee Evaluation

Code No. 405.8

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. Probationary licensed employees who are in the third year of employment with the district and have moved from Initial to Standard license will be placed on Track II of the evaluation cycle.

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

NOTE: There is no legal requirement that probationary employees be evaluated twice a year, but it is the standard practice. School districts that evaluate probationary employees only once per year need to amend the fourth paragraph to reflect their practice. For more detailed discussion of this issue, see IASB Thursday, September 17, 2009s Policy Primer, Vol. 20 094 – July 11, 2008.

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, .19, .27; ch.294 (2013).

281 I.A.C. Ch 83; 12.3(4)

 

Cross Reference:     

405.2 Licensed Employee Qualifications, Recruitment, Selection

405.9 Licensed Employee Probationary Status

 

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

405.9 Licensed Employee Probationary Status

Code No. 405.9

LICENSED EMPLOYEE PROBATIONARY STATUS

 

The first three years of a new 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 one year probationary period. For purposes of this policy, an employee will have met the requirements for successfully completing a probationary period in another Iowa school district if, at the 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 year-end or discharge the employee in concert with corresponding board policies.

 

Licensed employees may also serve a probationary period based upon their performance. Such probationary period is determined on a case-by-case basis in light of the circumstances surrounding the employee's performance as documented in the employee's evaluations and personnel file.

 

Legal Reference:     

Iowa Code §§ 279.12-.19B (2013).

 

Cross Reference:   

405.4 Licensed Employee Continuing Contracts

405.8 Licensed Employee Evaluation

 

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

406.1 Licensed Employee Salary Schedule

Code No. 406.1

LICENSED EMPLOYEE SALARY SCHEDULE

 

The board will establish salary schedules 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 the salary schedule. The salary schedule is subject to review and modification through the collective bargaining process.

 

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

 

Legal Reference:     

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

 

Cross Reference:     

405 Licensed Employees - General

406.2 Licensed Employee Salary Schedule Advancement

 

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

406.2 Licensed Employee Salary Schedule Advancement

Code No. 406.2

 

LICENSED EMPLOYEE SALARY SCHEDULE ADVANCEMENT

 

The board will determine which licensed employees will advance on the salary schedule for the 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 on the salary schedule.

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding salary schedule advancement of such employees will be followed.

Legal Reference:     

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

 

Cross Reference:     

405 Licensed Employees - General

406 Licensed Employee Compensation and Benefits
 

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

406.3 Licensed Employee Continued Education Credit

Code No. 406.3

 

LICENSED EMPLOYEE CONTINUED EDUCATION CREDIT

 

Continued education on the part of licensed employees may entitle them to advancement on the salary schedule. Licensed employees who have completed additional hours will be considered for

advancement on the salary schedule. The board will determine which licensed employees will advance on the salary schedule 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.

 

Teachers who have been in the employment of the school district for one year or more may apply to

receive a revised contract in the fall provided they become eligible to advance on the salary schedule after having been issued a contract in the spring. In order to apply for a revised contract, the following provisions must be met:

  1. The teacher must file with the superintendent a Request for Program Approval, attaching a list of graduate courses approved by the college or university for the anticipated graduate degree. The superintendent has sole discretion to approve or to deny the Request for Program Approval, taking into consideration the programmatic needs of the district.
  2. After the superintendent grants the Request for Program Approval, the teacher must submit to the superintendent for prior approval a Course Approval Request for each graduate level course to be taken to apply towards the approved graduate program, and a revised contract. All approved courses must be taken for graduate credit.
  3. When enough approved graduate credit hours have been accumulated to qualify the teacher for contract revision, the teacher must file with the superintendent, on or before November 1, a Request for Contract Revision, along with a certified transcript(s) showing the total graduate credits earned or graduate degree earned. All graduate credits to be approved for a contract revision must be completed prior to September 1 of the school year in which the revision is to become effective.
  4. Contract revisions will be taken to the school board for approval upon fulfillment of these provisions and shall be effective retroactively to the beginning of the contract year in which they were submitted.

In special cases and upon recommendation of the administration, exceptions may be made to this policy.

It is the responsibility of the superintendent to make a recommendation to the board for the

advancement of a licensed employee on the salary schedule.

 

The requirements stated in the Master Contract between licensed employees in the certified collective bargaining unit and the board regarding continued education credit of such employees will be followed.

 

Legal Reference:     

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

 

Cross Reference:     

405 Licensed Employees - General

406 Licensed Employee Compensation and Benefits

Approved 9/23/2015
Grinnell-Newburg School District, Grinnell, IA

406.4 Licensed Employee Compensation for Extra Duty

Code No. 406.4

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 will establish a salary schedule 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 salary schedule for extra duty, for the board's review.

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding the compensation for extra duties of such employees will be followed.

Legal Reference:     
Iowa Code §§ 20.1, .4, .7, .9; 279.8, .13-.15, .19A-B (2013).

Cross Reference:     
405 Licensed Employees - General

406 Licensed Employee Compensation and Benefits

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

 

406.5 Licensed Employee Group Insurance Benefits

Code No. 406.5

LICENSED EMPLOYEE GROUP INSURANCE BENEFITS

Licensed employees are eligible for group insurance and health benefits. The board will select the group insurance program and the insurance company which will provide the program. This policy statement does not guarantee a certain level of benefits. The board will have the authority and right to change group insurance programs for its licensed employees.

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding the group insurance benefits of such employees will be followed.

Legal Reference:     
Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B (2013).

Cross Reference:     
405.1 Licensed Employee Defined
706.2 Payroll Deduction

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

406.6 Licensed Employee Tax Shelter Programs

Code No. 406.6

LICENSED EMPLOYEE TAX SHELTER PROGRAMS

The board authorizes the administration to make a payroll deduction for licensed employees' tax sheltered annuity premiums purchased from a company or program chosen by the board and collective bargaining units.

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

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding the tax sheltered annuities of such employees will be followed.

Legal Reference:     
Iowa Code §§ 20.9; 260C; 273; 294.16 (2013).
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

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

407.1 Licensed Employee Resignation

Code No. 407.1

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

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

407.2 Licensed Employee Contract Release

Code No. 407.2

LICENSED EMPLOYEE CONTRACT RELEASE

Licensed employees who wish to be released from an executed contract must give written notice to the superintendent. Licensed employees may be released at the discretion of the board.

Release from a contract may 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.

NOTE: School districts may charge employees for costs incurred in finding a replacement. Employees can only be charged costs, not "penalties." The costs cannot be withheld from money owed the employee unless the employee agrees. If costs are not withheld from moneys owed to the employee, the school district must bill the employee. If the employee fails to pay, the school district's only option for reimbursement is to file a claim in small claims court. The school district also has the option of filing a complaint with the Board of Educational Examiners stating the employee has engaged in unprofessional conduct.

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

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

407.3 Licensed Employee Retirement

Code No. 407.3

LICENSED EMPLOYEE RETIREMENT

Licensed employees who will complete their current contract with the board may apply for retirement. No licensed employee will be required to retire at a specific age.

Application for retirement will be considered made when the licensed employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board, the intent of the employee to retire. The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent. Applications made after the date set by the board for the return of the employee's contract to the board may be considered by the board if special circumstances exist. It is within the discretion of the board to determine whether special circumstances exist.

Board action to approve a licensed employee's application for retirement is final and such action constitutes nonrenewal of the employee's contract for the next school year.

Licensed employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.

Licensed employees and their spouse and dependents are allowed to continue coverage in the school district's group health insurance program at their own expense by meeting the requirements of the insurer.

NOTE: Mandatory retirement ages are a violation of federal law. The witnessing of the retiring employee's letter is to protect the school district in the event an employee alleges that the school district forced the employee to retire.

Legal Reference:     
Iowa Code §§ 97B; 216; 279.46 (2013).
581 I.A.C. 21.
1978 Op. Att'y Gen. 247.
1974 Op. Att'y Gen. 11, 322.

Cross Reference:     
407.6 Licensed Employee Early Retirement

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

407.4 Licensed Employee Suspension

Code No. 407.4

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

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

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

407.5 Licensed Employee Reduction in Force

Code No. 407.5

LICENSED EMPLOYEE REDUCTION IN FORCE

The board has the exclusive authority to determine the appropriate number of licensed employees. A reduction of licensed employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, and other reasons deemed relevant by the board.

The reduction in licensed employees, other than administrators, will be done through normal attrition if possible. If normal attrition does not meet the necessary reduction in force required, the board may terminate licensed employees.

It is the responsibility of the superintendent to make a recommendation for termination to the board. The superintendent shall consider the following criteria in making the recommendations:

  • Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing;
  • Relative skills, ability and demonstrated performance;
  • Qualifications for co-curricular programs; and
  • Number of continuous years of service to the school district. This will be considered only when the foregoing factors are relatively equal between licensed employees.

Due process for terminations due to a reduction in force will be followed.

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

Legal Reference:     
Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2013).

Cross Reference:     
407.5 Licensed Employee Suspension
413.6 Classified Employee Reduction in Force
703 Budget

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

407.6 Certified Employee Voluntary Retirement Assistance Plan

Code No 407.6

CERTIFIED EMPLOYEE VOLUNTARY RETIREMENT ASSISTANCE PLAN

1.    PURPOSE

It is the expressed intent of the Board, through this plan, to provide the District’s certified employees with the option and opportunity for early retirement from their employment with the District.  This plan is designed to show the District’s appreciation for the services an employee has rendered to the District, and to maximize use of District funds through replacement savings.

2.    STATEMENT OF NON-DISCRIMINATION

The District will not discriminate against any employee on the basis of race, color, creed, age, religion, national origin, sex, marital status, sexual orientation, gender identity or disability through the application or administration of this plan.

3.    ELIGIBILITY

A Certified Employee is eligible for retirement assistance under this plan if the employee:

  1. has reached the age of 55 on or before the actual date of retirement,
  2. has worked at least ten years of service total for the District and has continuously worked a minimum of the most recent five years of service at the District and is actively employed on at least a half-time basis during the five years prior to retirement,
  3. notifies the Board as provided by this plan, and, in any event, not later than December 7, 2016,
  4. retires not later than June 30 of the year in which retirement is to take effect per the Resignation and Request for Early Retirement Assistance Form,
  5. is not eligible for, applying for, or receiving benefits under any other assistance plan offered through the District such as the group long-term disability insurance plan,
  6. has not received a notice concerning termination of the employee’s employment, unless the notice is based upon reasons which are related to staff reduction, and
  7. has not previously received retirement assistance benefits from the District.

4.    DEFINITION OF TERMS

  1. Certified Employee – licensed teachers, counselors, librarians, nurses, and administrators who have been issued an employment contract by the Board under Iowa Code Chapter 279
  2. Years of service - years of employment including complete school years or complete fiscal years
  3. “Continuously worked” - Continuous employment must be without any voluntary interruptions of service.  Interruptions due to reductions in force or due to approved leaves of absence will not constitute a voluntary interruption in service, unless the interruption or leave exceeds twelve (12) consecutive months in length.  However, the period of time during which an employee is absent due to a reduction in force or due to an approved leave will not be counted for purposes of determining the minimum years of service required to establish eligibility.

5.    APPLICATIONS

  1. Under ordinary circumstances, applications must be received by the Board Secretary not later than December 7, 2016.  However, the advance notice requirement may be waived at the discretion of the Superintendent.  Any decision by the Superintendent to waive the advance notice requirement shall not establish any precedent with regard to future applications which fail to meet the advance notice requirement.
  2. The date of retirement for eligible employees will ordinarily be the end of the individual’s contract year or the end of a school term.  However, another date may be requested and approved by the Board.
  3. Application materials must include the following forms:
    1. Resignation and Request for Early Retirement Assistance
    2. Designation of Beneficiary Form
    3. Release of Claims Form
    4. Agreement Not to Reapply for Employment.  (However, this agreement does not prohibit the School District from offering employment to the employee in the future.)
  4. An employee’s application for retirement assistance benefits is not, in itself, a resignation nor does it require the Board to accept the application.  However, acceptance by the Board of an employee’s application for retirement assistance will be considered a voluntary resignation and termination of the employee’s contract of employment.  If the Board does not accept the employee’s application, the employee’s contract will continue in effect.

6.    RETIREMENT ASSISTANCE BENEFITS

  1. The retirement assistance benefits shall consist of the following:
    1. The District shall pay to the retiring employee an amount equal to three-fourths (3/4) of the retiring employee’s current placement on the salary schedule, up to a maximum amount of $40,000 for retirements taken in the first year of eligibility, or up to a maximum amount of $30,000 for retirements taken in the second year of eligibility. This calculation does not include extra duty increments, phase monies, or extended contracts.  An employee meeting the eligibility criteria in the 2016-2017 school year may elect to participate in this plan for a period of two years, i.e., an employee may choose to retire in the first year of eligibility at the end of the 2016-2017 school year or in the second year of eligibility at the end of the 2017-2018 school year.  An employee who will meet the eligibility criteria in the 2017-2018 school year may elect to participate in this plan and retire at the end of the 2017-2018 school year.  If an otherwise eligible employee fails to elect by December 7, 2016 to participate in the plan as provided herein, the employee will no longer be eligible to participate in the plan.  
    2. Each retiring employee shall also receive, as a benefit under this plan, entitlement to participate, up to the employee turning age sixty-five (65) or to the date at which Medicare provides coverage, whichever occurs first, in the District’s group health insurance plan at the employee’s own cost, so long as the employee is permitted to continue coverage by the insurer, under the following additional terms:
  • Said employee was enrolled in the health insurance plan prior to retirement and is eligible for the same coverage he/she had prior to retirement;
  • Said employee must pay to the District, in advance, a sum equal to one (1) months’ premium, prior to the month seeking coverage, with the first payment due on the date of retirement;
  • Once said employee discontinues his/her coverage under the District’s health insurance plan and/or fails to comply with
  • subsection (b) above, he/she is ineligible to rejoin and/or receive coverage unless otherwise provided by law; and
  • The coverage provided to said employee will be equivalent to that which is provided to certified employees through whatever group health insurance plan is sponsored by the District during the time that said employee is participating in the plan.  Nothing herein shall limit the District’s ability to change the terms of its existing health insurance plan, nor shall there be any guarantee that said employee will be provided any certain level of benefits.
  1. Payment of benefits described in subsection (a)(i) above shall be made in two (2) installments.  The first payment shall be made on or before July 31 of the year in which retirement takes effect, and the second payment shall be made on or before January 31 of the year subsequent to the year in which retirement takes effect, with each such payment made to a tax sheltered annuity that is in compliance with the requirements for such plan under the Internal Revenue Code as designated by and in the name of the employee.
  2. Employees are advised to seek independent advice with regard to tax or financial consequences associated with any action taken by them under this plan.
  3. The Board has set the maximum number of early retirement assistance packages offered to certified employees at ten (10). Application date will be the basis by which the Board accepts early retirement assistance applications, i.e., the employee with the earliest application date will be given highest priority for acceptance.  If there is a tie between certified employees using this basis because more than the maximum number of applications is received on the same date, then the tie will be broken by seniority based on years of service to the District.

7.    RIGHT TO AMEND OR REVOKE

This plan is intended to be applicable to the 2016-2017 school year and the 2017-2018 school year.  However, the Board reserves the right to amend or revoke this plan or any provision of this plan at any time, with or without notice.

The Board also reserves the right to waive any requirement or condition of this plan at its discretion and at any time.  Any decision by the Board to waive a requirement or condition which is a part of this plan shall not establish any precedent with regard to future requests for a waiver.

8.    EMPLOYEE RIGHTS

In the event this plan is altered or discontinued, persons who have retired from employment with the District under its provisions will continue to receive the benefits in effect and authorized by the Board at the time the employee’s letter of resignation was accepted.  

The adoption of this plan shall not vest any rights in any employee whether or not the employee is currently eligible for early retirement.  Furthermore, the District shall not be obligated to provide any plan benefits to any employee after the expiration date of the plan, except to those plan participants whose early retirement pursuant to this plan has commenced prior to the expiration date.

9.    STATUS OF PARTICIPANTS

 An employee who elects and is approved to participate in this plan will become a retired employee and will be entitled to all rights and privileges of retired employees under applicable law and the policies of the District.

Plan participants shall not be eligible to be rehired in any capacity with the District, nor shall the District be required to consider an application for employment from a plan participant; provided however, that, at the sole discretion of the Board, the District may employ plan participants as temporary substitute employees.

Each employee who elects to participate in the District’s plan must specifically agree to hold the District harmless and indemnify the District if the participant attempts to submit an application for employment or otherwise attempts to be reemployed with the District.

Approved: 11/9/16

Grinnell-Newburg Community School District, Grinnell, Iow

407.6E1 Resignation and Request for Retirement Assistance

Code No 407.6E1

RESIGNATION AND REQUEST FOR EARLY RETIREMENT ASSISTANCE

    I, _____________________________, born on _________________, hereby submit my resignation effective at the end of the ______ school year to the Board of Directors of the Grinnell-Newburg Community School District and elect the early retirement assistance benefits available to certified employees in the Grinnell-Newburg Community School District.  This resignation is subject to the acceptance of my application for early retirement assistance benefits.  

Print Full Name __________________________________________________

Signed ___________________________________ Date _________________

The resignation and request for early retirement assistance was accepted by the Board of Directors on the _____ day of _________________, 20__, by action as noted in the minutes of the Board.

                _______________________________________________
        
        Secretary of Board of Directors
        
        Grinnell-Newburg Community School District

Approved: 11/9/16

Grinnell-Newburg Community School District, Grinnell, Iowa

407.6E2 Release of Claims

Code No 407.6E2

RELEASE OF CLAIMS

Grinnell-Newburg Community School District (the “School District”) and ________________________________________ (“the retiring employee”) agree as follows:

  1. In consideration of the benefits to be provided in accordance with the School District’s Certified Employee Voluntary Early Retirement Assistance Plan, the retiring employee agrees to immediately sign and submit a letter of resignation to be effective not later than June 30 of the agreed upon retirement year.
  2. The retiring employee is advised that he/she has the right to consult with an attorney and tax advisor prior to signing this Agreement.
  3. The retiring employee acknowledges that he/she received a copy of this Agreement on ________, 20__, and that he/she was given up to twenty-one (21) days to consider this Agreement.
  4. Following the date of the signing of this Agreement, the retiring employee shall have seven (7) days to revoke the Agreement, and this Agreement shall not be effective until this seven (7) day period has expired.
  5. The retiring employee hereby releases and discharges the School District, the Board of Directors of the School District, and any and all officers, employees, representatives or agents of the School District from any and all liability whatsoever including all claims, demands, or causes of action which he/she has or may ever claim to have by reason of his/her employment with the School District and the termination of his/her employment relationship with the School District, and the retiring employee specifically waives any rights or claims which he/she may have or ever claim to have arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. Sec 621, et seq.), excluding any claims which may arise after the date of the signing of this Agreement.
  6. The retiring employee acknowledges that this Agreement is entered into freely and voluntarily and solely in reliance upon his/her own knowledge, belief and judgment and not upon representations made by the School District or others on its behalf.

Grinnell-Newburg Community School District

By:______________________________        _______________________________
         Board President    
                                    Employee

Date:_____________________            Date:_____________________

Approved: 11/9/16

Grinnell-Newburg Community School District, Grinnell, Iowa

 

407.6E3 Designation of Beneficiary

Code No 407.6E3

DESIGNATION OF BENEFICIARY

If the Board approves my application for early retirement assistance benefits and I die before I receive payment of all of the benefits described in the voluntary early retirement assistance plan, as applicable, I direct the Board to pay the remaining benefits to: _____________________________________________.
             (Name of Beneficiary)

Print Full Name _________________________________________________

Signed ___________________________________ Date _________________

 

Approved: 11/9/16

Grinnell-Newburg Community School District, Grinnell, Iowa

407.6E4 Agreement Not to Seek Re-Employment

Code No 407.6E4

AGREEMENT NOT TO SEEK RE-EMPLOYMENT

In consideration of the benefits that will be provided to me by Grinnell-Newburg Community School District through its Certified Employee Voluntary Early Retirement Assistance Plan, I hereby agree not to apply for or seek employment with the Grinnell-Newburg Community School District at any time in the future, except for employment in a substitute capacity.  I agree to indemnify and hold harmless the Grinnell-Newburg Community School District, and its officers, employees, representatives or agents, from any and all liability whatsoever arising out of any attempt I may make to submit an application for employment or otherwise be reemployed with the Grinnell-Newburg Community School District.  

Print Full Name ________________________________________________

 

Signed ___________________________________ Date _________________

 

Witness___________________________________Date__________________
          
    Board Secretary    

Approved: 11/9/16

Grinnell-Newburg Community School District, Grinnell, Iowa

408.1 Licensed Employee Professional Development

Code No. 408.1

LICENSED EMPLOYEE PROFESSIONAL DEVELOPMENT

The board encourages licensed employees to attend and participate in professional developmentactivities to maintain, develop, and extend their skills. The board will maintain and support an inserviceprogram 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 superintendent. Approval of the superintendent 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 sole 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 overnight travel must also be approved by the board.

NOTE: This is a mandatory policy

Legal Reference:     
Iowa Code § 279.8
281 I.A.C. 12.7; 83.6

Cross Reference:     
414.9 Classified Employee Professional Purposes Leave

Approved 10/11/17

Grinnell-Newburg School District, Grinnell, IA

408.2 Licensed Employee Publication or Creation of Materials

Code No. 408.2

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:     
Iowa Code § 279.8 (2013).
17 U.S.C. Sec. 101 et. al.

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

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

408.3 Licensed Employee Tutoring

Code No. 408.3

LICENSED EMPLOYEE TUTORING

Every effort will be made by the licensed employees to help students with learning problems before recommending that the parents engage a tutor. Since there are exceptional cases when tutoring will help students overcome learning deficiencies, tutoring by licensed employees may be approved by the superintendent.

Licensed employees may only tutor for a fee students other than those for whom the teacher is currently exercising teaching, administrative or supervisory responsibility.

Tutoring for a fee may not take place within school facilities or during regular school hours.

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

Cross Reference:     
401.12 Employee Conflict of Interest
402.6 Employee Outside Employment

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

409.1 Licensed Employee Vacation - Holidays - Personal Leave

Code No. 409.1

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.

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

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding the vacations, holidays and personal leave of such employees will be followed.

Legal Reference:     
Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (2013).

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

409.2 Licensed Employee Personal Illness Leave

Code No. 409.2

LICENSED EMPLOYEE PERSONAL ILLNESS LEAVE

Licensed employees will be granted fifteen days of sick leave in their first year of employment. Each year thereafter, fifteen additional days of sick leave will be granted to the licensed employees up to a maximum of one hundred twenty 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.

Sick leave may be accumulated up to a maximum of 120 days for licensed employees.

Should the personal illness occur after or extend beyond the sick leave accumulated allowance, the employee may apply for disability benefits under the group insurance plan. If the employee does not qualify for disability benefits, the employee may request a leave of absence without pay.

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 five consecutive days, the employee will comply with the board policy regarding family and medical leave.

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

NOTE: The first paragraph of this policy is a re-statement of Iowa law regarding sick leave for school district employees. School districts that have a different policy need to insert it there. The third paragraph is for those school districts that have a disability benefit plan. School districts that don't have a disability benefits plan should remove the paragraph.

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); 216; 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
409.3 Licensed Employee Family and Medical Leave
409.8 Licensed Employee Unpaid Leave

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

409.3 Licensed Employee Family and Medical Leave

Code No. 409.3

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 school year, July 1 to June 30. 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:     
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.
1952 Op. Att'y Gen. 91.

Cross Reference:     
409.2 Licensed Employee Personal Illness Leave
409.8 Licensed Employee Unpaid Leave

414.3 Classified Employee Family and Medical Leave

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, I

409.3 E1 Classified Employee Family and Medical Leave Notice to Employees

Code No. 409.3E1

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

This document is available at http://www.dol.gov/whd/forms/WH-381.pdf.

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

409.3E2 Licensed Employee Family and Medical Leave Request Form

Code No. 409.3E1

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

This document is available at http://www.dol.gov/whd/forms/WH-381.pdf.

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

409.3R1 Licensed Employee Family and Medical Leave Regulation

Code No. 409.3R1

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.
  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.

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.
  2. 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.
    2. Medical certification.
      1. When required:
        1. Employees 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 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 shall be required to present certification of the call to active duty when taking military family and medical leave.
      2. 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. 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.
      4. 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 a Fiscal year
    3. If insufficient leave is available, the school district may:
      1. Deny the leave if entitlement is exhausted,
      2. Award leave available, or
      3. Award leave in accordance with the provisions of the collective bargaining agreement.
  2. 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, 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, 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.​
    3. 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.
    4. 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.​
  2. 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.
  3. Use of paid leave for family and medical leave: Family and medical leave is unpaid.

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

409.3R2 Licensed Employee Family and Medical Leave Definitions

Code No. 409.3R2

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.Code No. 409.3R2

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.

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

409.4 Licensed Employee Bereavement Leave

Code No. 409.4

LICENSED EMPLOYEE BEREAVEMENT LEAVE

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding the bereavement leave of such employees is followed.

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

Cross Reference:     
409 Licensed Employee Vacations and Leaves of Absence

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

409.5 Licensed Employee Political Leave

Code No. 409.5

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.

NOTE: Iowa law gives employees a right to political leave to run for public office. This policy reflects the law.

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

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

409.6 Licensed Employee Jury Duty Leave

Code No. 409.6

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.

Licensed employees will receive their regular salary.

NOTE: This policy reflects the practice that the employee sign over checks received for jury duty to the school district. School districts which let employees keep their checks but then deduct the amount from the employee's salary, should reflect that practice in the third paragraph.

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

Cross Reference:     
409 Licensed Employee Vacations and Leaves of Absence

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

409.7 Licensed Employee Military Service Leave

Code No. 409.7

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.

NOTE: This policy reflects Iowa law.

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

409.8 Licensed Employee Unpaid Leave

Code No. 409.8

LICENSED EMPLOYEE UNPAID LEAVE

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

Legal Reference:     
Iowa Code §§ 20; 85; 85A; 85B; 279.12; 509; 509A; 509B (2013).

Cross Reference:     
409 Licensed Employee Vacations and Leaves of Absence

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

410.1 Substitute Teachers

Code No. 410.1

SUBSTITUTE TEACHERS

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

It shall be the responsibility of the building principal 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 as approved annually by the board. Substitute licensed employees are expected to perform the same duties as the licensed employees.

Legal Reference:     
Iowa Association of School Boards v. PERB, 400 N.W.2d 571 (Iowa 1987).
Iowa Code §§ 20.1, .4(5), .9; 272 (2013).
281 I.A.C. 12.4.

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

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

410.2 Summer School Licensed Employees

Code No. 410.2

SUMMER SCHOOL LICENSED EMPLOYEES

It is within the discretion of the board to offer an education program 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.

Should the board determine a summer education program is necessary, 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 (2013).

Cross Reference:     
603.2 Summer School Instruction

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

410.3 Truancy Officer

Code No. 410.3

TRUANCY OFFICER

The County Attorney, Principals, and At Risk Counselors provides truancy officer services to the Grinnell-Newburg School District when notified on a case-by-case basis by the district.

NOTE: School districts are not required to have a truancy officer. School districts that do not have a truancy officer must assign the duties to another individual--for example, the building principals. This policy can be eliminated if there is no truancy officer.

Legal Reference:
Iowa Code §§ 299.10-.11, .15 (2013).

Cross Reference:
501.10 Truancy - Unexcused Absences

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

410.4 Education Associate

Code No. 410.4

EDUCATION ASSOCIATE

The board may employ education associates or other instructional support personnel to assist licensed personnel in nonteaching 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, or designee, 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

Approved   9/23/2015

Grinnell-Newburg School District, Grinnell, I

411.1 Classified Employee Defined

Code No. 411.1

CLASSIFIED EMPLOYEE DEFINED

Classified employees are employees who are not administrators or employees in positions which require an Iowa Department of Education teaching license 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 teacher assistants, 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 (2013).

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

411.2 Classified Employee - Qualifications, Recruitment, Selection

Code No. 411.2

CLASSIFIED EMPLOYEE - QUALIFICATIONS, RECRUITMENT, SELECTION

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

  • Training, experience, and skill;
  • Nature of the occupation;
  • Demonstrated competence; and
  • Possession of, or ability to obtain, state or other license or certificate, if required, for the position.

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

The superintendent will recommend employment of classified employees to the board for approval. The requirements stated in the contracts between classified employees in the bargaining unit and the board regarding qualifications, recruitment and selection of such employees will be followed.

NOTE: Marital status is not protected class for employees. The class may be added at the discretion of the board. The law now gives the board the authority to delegate hiring of classified staff to the superintendent if it’s stated in board policy. The board has to specify in policy the classified positions the superintendent is authorized to hire. For more detailed discussion of this issue, see IASB’s Policy Primer, vol. 17 #6 - June 18,2004.

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 §§ 35C; 216; 279.8; 294.1 (2013).

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

411.3 Classified Employee Contracts

Code No. 411.3

CLASSIFIED EMPLOYEE CONTRACTS

The board may enter into written contracts with classified employees employed on a regular basis. The contract will state the terms of employment.

Classified employees will receive a job description stating the specific performance responsibilities of their position.

It is the responsibility of the superintendent to draw up and process the classified employee contracts and present them to the board for approval. The contracts, after being signed by the board president, are filed with the board secretary.

The requirements stated in the contract between classified employees in the bargaining unit and the board regarding employment of such employees will be followed.

NOTE: If the board limits the use of classified employee contracts to bus drivers (which are required by law) that should be specified so other classified employees don’t expect a contract. The last paragraph in brackets should be completed and added to appropriate policies for classified employees in school districts where classified employees have certified collective bargaining units.

Legal Reference:     
Iowa Code §§ 20; 279.7A; 285.5(9) (2013).

Cross Reference:     
411 Classified Employees - General
412.1 Classified Employee Compensation
412.2 Classified Employee Wage and Overtime Compensation
413 Classified Employee Termination of Employment

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

411.4 Classified Employee Licensing / Certification

Code No. 411.4

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 and by the Iowa Department of Education for the position.

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding licensing/certification of such employees will be followed.

Legal Reference:     
Iowa Code §§ 285.5(9) (2013).
281 I.A.C. 12.4(10); 36; 43.12-.24.

Cross Reference:     
411.2 Classified Employee Qualifications, Recruitment, Selection

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

411.5 Classified Employee Assignment

Code No. 411.5

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/transfer classified employees and report such assignments/transfers 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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

411.6 Classified employee Transfers

Code No. 411.6

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 assign/transfer classified employees and report such assignments/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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

411.7 Classified Employee Evaluation

Code No. 411.7

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. New and probationary classified employees are formally evaluated at least twice a year.

NOTE: This policy states that new and probationary employees will be formally evaluated at least twice a year. This is not a legal requirement but is a recommended practice. School districts with another practice should reflect that in the last sentence of the second paragraph.

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

Approved   9/23/2015

Grinnell-Newburg School District, Grinnell, IA

411.8 Classified Employee Probationary Status

Code No. 411.8

CLASSIFIED EMPLOYEE PROBATIONARY STATUS

The first 90 days of a newly employed classified employee's contract is a probationary period. "Day" is defined as one work day regardless of full-time or part-time status of the employee. New employees, regardless of experience, are subject to this probationary period.

"New" employees includes individuals who are being hired for the first time by the school district and those who may have been employed by the school district in the past, but have not been employed by the board during the school year prior to the one for which contracts are being issued.

Only the board, in its discretion, may waive the probationary period.

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

Cross Reference:     
411.3 Classified Employee Contracts
411.7 Classified Employee Evaluation

Approved   9/23/2015

Grinnell-Newburg School District, Grinnell, IA

412.1 Classified Employee Compensation

Code No. 412.1

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

412.2 Classified Employee Wage and Overtime Compensation

Code No. 412.2

CLASSIFIED EMPLOYEE WAGE AND OVERTIME COMPENSATION

Each non-exempt employee compensated on an hour-by-hour basis, whether full-or part-time, permanent or temporary, will be paid no less than the prevailing minimum wage. Whenever a nonexempt employee must work more than forty hours in a given work week, the employee is compensated at one and one-half times their regular hourly wage rate. This compensation is in the form of overtime pay or compensatory time. Overtime will not be permitted without prior authorization of the superintendent.

Each non-exempt employee paid on an hour-by-hour basis must complete, sign, and turn in a daily time record showing the actual number of hours worked. Failure of the employee to maintain, or falsification of, a daily time record will be grounds for disciplinary action.

It is the responsibility of the board secretary to maintain wage records.

NOTE: Federal law requires compensation at time and one-half the regular rate for work over 40 hours per week, whether in monetary form or compensatory time.

Legal Reference:     
Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985).
29 U.S.C. §§ 206 et seq. (2012).

Cross Reference:     
411.3 Classified Employee Contracts
412.1 Classified Employee Compensation

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

412.3 Classified Employee Group Insurance Benefits

Code No. 412.3

CLASSIFIED EMPLOYEE GROUP INSURANCE BENEFITS

Classified employees may be eligible for group insurance benefits as determined by the board and required by law. The board will select the group insurance program and the insurance company which will provide the program.

This policy statement does not guarantee a certain level of benefits. The board will have the authority and right to change or eliminate group insurance programs for its classified employees.

Legal Reference:     
Iowa Code §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B (2013).

Cross Reference:     
411.1 Classified Employee Defined

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

412.4 Classified Employee Tax Shelter Programs

Code No. 412.4

CLASSIFIED EMPLOYEE TAX SHELTER PROGRAMS

The board authorizes the administration to make a payroll deduction for classified employees' tax sheltered annuity premiums purchased from a company or program chosen by the board and collective bargaining units.

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

Legal Reference:     
Small Business Job Protection Act of 1996, Section 1450(a), repealing portions of IRS REG § 1.403(b)-1(b)(3).
Iowa Code §§ 20.9; 260C; 273; 294.16 (2013).
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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

413.1 Classified Employee Resignation

Code No. 413.1

CLASSIFIED EMPLOYEE RESIGNATION

Classified employees who wish to resign during the school year will give the board notice of their intent to resign and final date of employment and cancel their contract 14 days prior to their last working day.

Notice of the intent to resign will be in writing to the superintendent.

Legal Reference:     
Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9) (2013).

Cross Reference:     
411.3 Classified Employee Contracts
413 Classified Employee Termination of Employment

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

413.2 Non-Certified Employee Voluntary Retirement Assistance Plan

Code No 413.2

NON-CERTIFIED EMPLOYEE VOLUNTARY EARLY RETIREMENT ASSISTANCE PLAN

1.    PURPOSE

It is the expressed intent of the Board, through this plan, to provide the District’s non-certified employees with the option and opportunity for early retirement from their employment with the District.  This plan is designed to show the District’s appreciation for the services an employee has rendered to the District, and to maximize use of District funds through replacement savings.

2.    STATEMENT OF NON-DISCRIMINATION

The District will not discriminate against any employee on the basis of race, color, creed, age, religion, national origin, sex, marital status, sexual orientation, gender identity or disability through the application or administration of this plan.

3.    ELIGIBILITY

A Non-Certified Employee is eligible for retirement assistance under this plan if the employee:

  1. has reached the age of sixty (60) on or before the actual date of retirement, has worked at least ten (10) years of service total for the District and has continuously worked a minimum of the most recent five years of service at the District and is actively employed on at least a half-time basis during the five years prior to retirement,
  2. or has reached the age of fifty-five (55) on or before the actual date of retirement, has worked at least twenty (20) years of service total for the District and has continuously worked a minimum of the most recent five years of service at the District and is actively employed on at least a half-time basis during the five years prior to retirement,
  3. notifies the Board as provided by this plan, and, in any event, not later than December 7, 2016,
  4. retires not later than June 30 of the year in which retirement is to take effect per the Resignation and Request for Early Retirement Assistance Form,
  5. is not eligible for, applying for, or receiving benefits under any other assistance plan offered through the District such as the group long-term disability insurance plan,
  6. has not received a notice concerning termination of the employee’s employment, unless the notice is based upon reasons which are related to staff reduction, and
  7. has not previously received retirement assistance benefits from the District.

4.    DEFINITION OF TERMS

  1. Non-certified Employee – paraeducators, food service personnel, physical plant employees, secretaries, administrative assistants, and transportation personnel
  2. Years of service - years of employment including complete school years or complete fiscal years
  3. “Continuously worked” - Continuous employment must be without any voluntary interruptions of service.  Interruptions due to reductions in force or due to approved leaves of absence will not constitute a voluntary interruption in service, unless the interruption or leave exceeds twelve (12) consecutive months in length.  However, the period of time during which an employee is absent due to a reduction in force or due to an approved leave will not be counted for purposes of determining the minimum years of service required to establish eligibility.

5.    APPLICATIONS

  1. Under ordinary circumstances, applications must be received by the Board Secretary not later than December 7, 2016.  However, the advance notice requirement may be waived at the discretion of the Superintendent.  Any decision by the Superintendent to waive the advance notice requirement shall not establish any precedent with regard to future applications which fail to meet the advance notice requirement.
  2. The date of retirement for eligible employees will ordinarily be the end of the individual’s contract year or the end of a school term.  However, another date may be requested and approved by the Board.
  3. Application materials must include the following forms:
    1. Resignation and Request for Early Retirement Assistance
    2. Designation of Beneficiary Form
    3. Release of Claims Form
    4. Agreement Not to Reapply for Employment.  (However, this agreement does not prohibit the School District from offering employment to the employee in the future.)
  4. An employee’s application for retirement assistance benefits is not, in itself, a resignation nor does it require the Board to accept the application.  However, acceptance by the Board of an employee’s application for retirement assistance will be considered a voluntary resignation and termination of the employee’s contract of employment.  If the Board does not accept the employee’s application, the employee’s contract will continue in effect.

6.    RETIREMENT ASSISTANCE BENEFITS

  1. The retirement assistance benefits shall consist of the following:
    1. The District shall pay to the retiring employee an amount equal to three-fourths (3/4) of the retiring employee’s current placement on the salary schedule, up to a maximum amount of $40,000 for retirements taken in the first year of eligibility, or up to a maximum amount of $30,000 for retirements taken in the second year of eligibility. This calculation does not include extra duty increments, phase monies, or extended contracts.  An employee meeting the eligibility criteria in the 2016-2017 school year may elect to participate in this plan for a period of two years, i.e., an employee may choose to retire in the first year of eligibility at the end of the 2016-2017 school year or in the second year of eligibility at the end of the 2017-2018 school year.  An employee who will meet the eligibility criteria in the 2017-2018 school year may elect to participate in this plan and retire at the end of the 2017-2018 school year.  If an otherwise eligible employee fails to elect by December 7, 2016 to participate in the plan as provided herein, the employee will no longer be eligible to participate in the plan.  
    2. Each retiring employee shall also receive, as a benefit under this plan, entitlement to participate, up to the employee turning age sixty-five (65) or to the date at which Medicare provides coverage, whichever occurs first, in the District’s group health insurance plan at the employee’s own cost, so long as the employee is permitted to continue coverage by the insurer, under the following additional terms:
  • Said employee was enrolled in the health insurance plan prior to retirement and is eligible for the same coverage he/she had prior to retirement;
  • Said employee must pay to the District, in advance, a sum equal to one (1) months’ premium, prior to the month seeking coverage, with the first payment due on the date of retirement;
  • Once said employee discontinues his/her coverage under the District’s health insurance plan and/or fails to comply with subsection (b) above, he/she is ineligible to rejoin and/or receive coverage unless otherwise provided by law; and
  • The coverage provided to said employee will be equivalent to that which is provided to non-certified employees through whatever group health insurance plan is sponsored by the District during the time that said employee is participating in the plan.  Nothing herein shall limit the District’s ability to change the terms of its existing health insurance plan, nor shall there be any guarantee that said employee will be provided any certain level of benefits.
  1. Payment of benefits described in subsection (a)(i) above shall be made in two (2) installments.  The first payment shall be made on or before July 31 of the year in which retirement takes effect, and the second payment shall be made on or before January 31 of the year subsequent to the year in which retirement takes effect, with each such payment made to a tax sheltered annuity that is in compliance with the requirements for such plan under the Internal Revenue Code as designated by and in the name of the employee.
  2. Employees are advised to seek independent advice with regard to tax or financial consequences associated with any action taken by them under this plan.
  3. The Board has set the maximum number of early retirement assistance packages offered to non-certified employees at ten (10). Application date will be the basis by which the Board accepts early retirement assistance applications, i.e., the employee with the earliest application date will be given highest priority for acceptance.  If there is a tie between non-certified employees using this basis because more than the maximum number of applications is received on the same date, then the tie will be broken by seniority based on years of service to the District.

7.    RIGHT TO AMEND OR REVOKE

This plan is intended to be applicable to the 2016-2017 school year and the 2017-2018 school year.  However, the Board reserves the right to amend or revoke this plan or any provision of this plan at any time, with or without notice.

The Board also reserves the right to waive any requirement or condition of this plan at its discretion and at any time.  Any decision by the Board to waive a requirement or condition which is a part of this plan shall not establish any precedent with regard to future requests for a waiver.

8.    EMPLOYEE RIGHTS

In the event this plan is altered or discontinued, persons who have retired from employment with the District under its provisions will continue to receive the benefits in effect and authorized by the Board at the time the employee’s letter of resignation was accepted.  

The adoption of this plan shall not vest any rights in any employee whether or not the employee is currently eligible for early retirement.  Furthermore, the District shall not be obligated to provide any plan benefits to any employee after the expiration date of the plan, except to those plan participants whose early retirement pursuant to this plan has commenced prior to the expiration date.

9.    STATUS OF PARTICIPANTS

An employee who elects and is approved to participate in this plan will become a retired employee and will be entitled to all rights and privileges of retired employees under applicable law and the policies of the District.

Plan participants shall not be eligible to be rehired in any capacity with the District, nor shall the District be required to consider an  application for employment from a plan participant; provided however, that, at the sole discretion of the Board, the District may employ plan participants as temporary substitute employees.

Each employee who elects to participate in the District’s plan must specifically agree to hold the District harmless and indemnify the District if the participant attempts to submit an application for employment or otherwise attempts to be reemployed with the District.

Approved: 11/9/16

Grinnell-Newburg Community School District, Grinnell, IA

413.2E1 Resignation and Request for Retirement Assistance

Code No 413.2E1

RESIGNATION AND REQUEST FOR RETIREMENT ASSISTANCE

    I, _____________________________, born on _________________, hereby submit my resignation effective at the end of the ______ school year to the Board of Directors of the Grinnell-Newburg Community School District and elect the early retirement assistance benefits available to non-certified employees in the Grinnell-Newburg Community School District.  This resignation is subject to the acceptance of my application for early retirement assistance benefits.

Print Full Name __________________________________________________

Signed ___________________________________ Date _________________

The resignation and request for early retirement assistance was accepted by the Board of Directors on the _____ day of _________________, 20__, by action as noted in the minutes of the Board.

                _______________________________________________
    
            Secretary of Board of Directors
    
            Grinnell-Newburg Community School District

Approved: 11/9/16

Grinnell-Newburg Community School District, Grinnell, Iow

413.2E2 Release of Claims

Code No 413.2E2

RELEASE OF CLAIMS

Grinnell-Newburg Community School District (the “School District”) and ________________________________________ (“the retiring employee”) agree as follows:

  1. In consideration of the benefits to be provided in accordance with the School District’s Non-Certified Employee Voluntary Early Retirement Assistance Plan, the retiring employee agrees to immediately sign and submit a letter of resignation to be effective not later than June 30 of the agreed upon retirement year.
  2. The retiring employee is advised that he/she has the right to consult with an attorney and tax advisor prior to signing this Agreement.
  3. The retiring employee acknowledges that he/she received a copy of this Agreement on ________, 20__, and that he/she was given up to twenty-one (21) days to consider this Agreement.
  4. Following the date of the signing of this Agreement, the retiring employee shall have seven (7) days to revoke the Agreement, and this Agreement shall not be effective until this seven (7) day period has expired.
  5. The retiring employee hereby releases and discharges the School District, the Board of Directors of the School District, and any and all officers, employees, representatives or agents of the School District from any and all liability whatsoever including all claims, demands, or causes of action which he/she has or may ever claim to have by reason of his/her employment with the School District and the termination of his/her employment relationship with the School District, and the retiring employee specifically waives any rights or claims which he/she may have or ever claim to have arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. Sec 621, et seq.), excluding any claims which may arise after the date of the signing of this Agreement.
  6. The retiring employee acknowledges that this Agreement is entered into freely and voluntarily and solely in reliance upon his/her own knowledge, belief and judgment and not upon representations made by the School District or others on its behalf.

By:______________________________        _____________________________
        Board President
                                         Employee

Date:_____________________            Date:_____________________

Approved: 11/9/16

Grinnell-Newburg Community School District, Grinnell, Iow

413.2E3 Designation of Beneficiary

Code No 413.2E3

DESIGNATION OF BENEFICIARY

If the Board approves my application for early retirement assistance benefits and I die before I receive payment of all of the benefits described in the voluntary early retirement assistance plan, as applicable, I direct the Board to pay the remaining benefits to: _____________________________________________.
                       (Name of Beneficiary)

Print Full Name _________________________________________________

Signed ___________________________________ Date _________________

Approved: 11/9/16

Grinnell-Newburg Community School District, Grinnell, IA

413.2E4 Agreement Not to Seek Re-Employment

Code No 413.2E4

AGREEMENT NOT TO SEEK RE-EMPLOYMENT

In consideration of the benefits that will be provided to me by Grinnell-Newburg Community School District through its Non-Certified Employee Voluntary Early Retirement Assistance Plan, I hereby agree not to apply for or seek employment with the Grinnell-Newburg Community School District at any time in the future, except for employment in a substitute capacity.  I agree to indemnify and hold harmless the Grinnell-Newburg Community School District, and its officers, employees, representatives or agents, from any and all liability whatsoever arising out of any attempt I may make to submit an application for employment or otherwise be reemployed with the Grinnell-Newburg Community School District.  
 

Print Full Name ________________________________________________

Signed ___________________________________ Date _________________
 

Witness___________________________________Date__________________
        
     Board Secretary    

Approved: 11/9/16

Grinnell-Newburg Community School District, Grinnell, Iowa

413.3 Classified Employee Suspension

Code No. 413.3

CLASSIFIED EMPLOYEE SUSPENSION

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

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

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

Cross Reference:     
404 Employee Conduct and Appearance
413 Classified Employee Termination of Employment

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

413.4 Classified Employee Dismissal

Code No. 413.4

CLASSIFIED EMPLOYEE DISMISSAL

The board believes classified employees should perform their jobs, respect board policy and obey the law. A classified employee may be dismissed upon thirty days notice or immediately for cause. Due process procedures will be followed.

It is the responsibility of the superintendent to make a recommendation for dismissal to the board. A classified employee may be dismissed for any reason, including, but not limited to, incompetence, willful neglect of duty, reduction in force, willful violation of board policy or administrative regulations, or a violation of the law.

Legal Reference:     
Iowa Code §§ 20.7, .24 (2013).

Cross Reference:     
404 Employee Conduct and Appearance
413.3 Classified Employee Suspension
413.5 Classified Employee Reduction in Force

Approved 9/23/15           

Grinnell-Newburg School District, Grinnell, IA

413.5 Classified Employee Reduction In Force

Code No. 413.5

CLASSIFIED EMPLOYEE REDUCTION IN FORCE

It is the exclusive power of the board to determine when a reduction in classified employees is necessary. Employees who are terminated due to a reduction in force will be given thirty days notice. Due process will be followed for terminations due to a reduction in force.

It is the responsibility of the superintendent to make a recommendation for termination to the board. The superintendent will consider the relative qualifications, skills, ability and demonstrated performance through evaluation procedures in making the recommendations.

Legal Reference:     
Iowa Code §§ 20.7, .24 (2013).

Cross Reference:     
407.5 Licensed Employee Reduction in Force
413.3 Classified Employee Suspension
413.4 Classified Employee Dismissal
703 Budget

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

414.1 Classified Employee Vacations - Holidays - Personal Leave

Code No. 414.1

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.

The requirements stated in the Master Contracts between classified employees and the board regarding classified employee vacation, holidays, and personal leave will be followed..

Classified employees will be paid only for the hours they would have been scheduled for the day. Vacation will not be accrued from year to year without a prior arrangement with the superintendent.

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.1-.2; 4.1(34); 20.9 (2013).

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

414.2 Classified Employee Personal Illness Leave

Code No. 414.2

CLASSIFIED EMPLOYEE PERSONAL ILLNESS LEAVE

The requirements stated in the Master Contracts between classified employees and the board regarding classified employee personal illness leave will be followed.

Should the personal illness occur after or extend beyond the accumulated sick leave, the employee may apply for disability benefits under the group insurance plan.  If the employee does not qualify for disability benefits, the employee may request a leave of absence without pay.

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.

If an employee is eligible to receive workers' compensation benefits, the employee will contact the board secretary to implement these benefits.

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); 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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

414.3 Classified Employee Family and Medical Leave

Code No. 414.3

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 July 1 to June 30. Requests for family and medical leave are 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.

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:    
WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)
WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)
WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
WH-382 Designation Notice (PDF)
WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)
WH-385 Certification for Serious Injury or Illness of Covered Servicemember -- for Military Family Leave (PDF)

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); 216; 279.40 (2013).
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.
1952 Op. Att'y Gen. 91.

Cross Reference:     
409.2 Licensed Employee Personal Illness Leave
409.3 Licensed Employee Family and Medical Leave
409.8 Licensed Employee Unpaid Leave

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

414.3E1 Licensed Employee Family and Medical Leave Notice to Employees

Code No. 414.3E1

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

This document is available at http://www.dol.gov/whd/forms/WH-381.pdf.

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

414.3E2 Classified Employee Family and Medical Leave Request Form

Code No. 414.3E2

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, 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, 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.

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

414.3R1 Classified Employee Family and Medical Leave Regulation

Code No. 414.3R1

CLASSIFIED 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.
    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.
  2. 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. 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.
    2. 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.
  2. 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.
    2. Medical certification.
      1. When required:
        1. Employees 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 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 shall be required to present certification of the call to active duty when taking military family and medical leave.
      2. 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.
      3. 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.
      4. 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 a Fiscal year
    3. If insufficient leave is available, the school district may:
      1. Deny the leave if entitlement is exhausted,
      2. Award leave available, or
      3. Award leave in accordance with the provisions of the collective bargaining agreement.
  2. 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, 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, 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.
    3. 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.
    4. 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.
  2. 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.
  3. Use of paid leave for family and medical leave: Family and medical leave is unpaid.

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

414.3R2 Classified Employee Family and Medical Leave Definitions

Code No. 414.3R2

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.

 

Code No. 414.3R2

Page 2 of 6

 

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

 

  • 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.Code No. 409.3R2

 

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

Code No. 414.3R2

Page 3 of 6

 

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

 

  • 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.

 

Code No. 414.3R2

Page 4 of 6

 

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

 

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.

 

Code No. 414.3R2

Page 5 of 6

 

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

 

    • 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.

 

Code No. 414.3R2

Page 6 of 6

 

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

 

  • 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.

 

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

414.4 Classified Employee Bereavement Leave

Code No. 414.4

CLASSIFIED EMPLOYEE BEREAVEMENT LEAVE

The requirements stated in the Master Contracts between classified employees and the board regarding classified employee bereavement leave will be followed.

NOTE: Benefits provided by this policy are all at the discretion of the board unless prescribed by the Master Contract. The individuals outlined in the first paragraph may not reflect a board's actual practice and should be amended to do so.

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

Cross Reference:     
414 Classified Employee Vacations and Leaves of Absence

Approved   9/23/2015

Grinnell-Newburg School District, Grinnell, IA

414.5 Classified Employee Political Leave

Code No. 414.5

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.

NOTE: Iowa law gives employees a right to political leave to run for public office. This policy reflects the law.

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

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

Approved   9/23/2015

Grinnell-Newburg School District, Grinnell, I

414.6 Classified Employee Jury Duty Leave

Code No. 414.6

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.

Classified employees will receive their regular salary.

NOTE: This policy reflects the practice that the employee sign over checks received for jury duty to the school district. School districts which let employees keep their checks but then deduct the amount from the employee's salary, should reflect that practice in the third paragraph.

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

Cross Reference:     
414 Classified Employee Vacations and Leaves of Absence

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

414.7 Classified Employee Military Service Leave

Code No. 414.7

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.

NOTE: This policy reflects Iowa law.

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

414.8 Classified Employee Unpaid Leave

Code No. 414.8

CLASSIFIED EMPLOYEE UNPAID LEAVE

Unpaid leave may be used to excuse an absence not provided for in other leave policies. Unpaid leave for classified employees must be authorized by the superintendent. Whenever possible, classified employees will make a written request for unpaid leave ten 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.

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, the financial condition of the school district, length of service, previous record of absence, the reason for the requested absence and other factors the superintendent believes are relevant in making this determination.

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

The requirements stated in the Master Contracts between classified employees and the board regarding classified employees unpaid leave will be followed.

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

Cross Reference:     
414 Classified Employee Vacations and Leaves of Absence

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

414.9 Classified Employee Professional Purposes Leave

Code No. 414.9

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 superintendent 14 days prior to the meeting or conference for full consideration.

It is within the discretion of the superintendent 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

Approved   9/23/2015

Grinnell-Newburg School District, Grinnell, IA