400 STAFF PERSONNEL

400 Statement of Guiding Principles for Staff Personnel

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Statement of Guiding Principles for Staff Personnel   Code No. 400
 
The Forest City School District will endeavor to employ a dynamic, effective, and efficient staff to carry out a constantly improving educational program.
 
The Board is committed to providing a staff of well-qualified personnel capable of designing, implementing, and assessing programs for each area of responsibility.
 
The Board's specific personnel service goals are to:
  1. Recruit, select, employ, and retain the best qualified personnel available to staff the school system;
  2. Provide equal employment opportunities for all candidates for positions as set forth in board policy and in the district's affirmative action plan;
  3. Develop a quality of human relationships conducive to high levels of staff performance and satisfaction;
  4. Deploy the available personnel in such a way as to use them as effectively as possible to achieve district program objectives;
  5. Develop and manage staff compensation, leave, and employee assistance programs sufficient to attract and retain qualified employees;
  6. Manage the development and updating of job descriptions by appropriate administrators;
  7. Oversee a staff development program that will contribute to the continuous improvement of staff performance;
  8. Effectively administer applicable portions of the contracts, and personnel policies covering employees and employee groups in their relations with the district.
All employment positions will be created with the approval of the board.  The Board of Directors will appoint all personnel at its discretion, following the recommendation of the superintendent.  A position may remain unfilled or vacant for a period of time, but only the board has the authority to abolish a position.
 
 
Adoption:   4-10-89
                                 
Review:     02-14-02   01-10-08 7-17-13
                                                                
Revision:   4-11-94
                                                                                    
Cross References:
 
Legal References:  20.16; 279.12; Ac 670-3.4(257); 670-12.5(281);    670-35.42(259)
 

401 Staff Selection

401.1 Equal Employment Opportunity

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Equal Employment Opportunity                           Code No. 401.1
 
The Forest City Community School District will provide equal opportunity to all employees and applicants for employment in accordance with all 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 under-represented.  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 school district personnel, the board will consider the qualifications, credentials, and records of the applicants without regard to race, color, national origin, gender, disability, religion, creed, age, marital status, sexual orientation, gender identity, or socioeconomic status. In keeping with the law, the board will consider the veteran status of applicants.
 
Prior to a final offer of employment for any position, the school district will perform background checks. All hires are contingent upon the results of the background check.
 
Advertisements and notices for vacancies within the district will contain the following statement:  “The Forest City Community School District is an EEO/AA employer.”  The statement will also appear on application forms.
 
Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Forest City Community School District, 810 West K, Forest City, Iowa  50436; or by telephoning (641) 585-2323.
 
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, 53203-1004, 
(414) 291-1111 or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319,  (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.
 
 
Adoption: 4-14-86
                                  
Review:  02-14-02   01-10-08 08-08-11 7-17-13
         
Revision: 10-12-06  02-11-08  9-19-11             
 
Cross References: 104.1 Educational Equity; 104.2  Anti-Bully/Harassment; 401.2 Recruitment of Personnel
 
Legal References:  29 USC 621-634; 42 USC 2000E; IA CODE CH. 20, 70, 601A                           
(1989); IA CODE 19B.11, 279.8 (1989); IA ADM CODE 11.4, 12.4, 84-88, 95 
 

401.1-R Affirmative Action Compliance Program

REGULATIONS
 
Series 400 - Staff Personnel
 
Affirmative Action Compliance Program                 Code No. 401.1-R
 
The Forest City Community School District has an established policy of Equal Employment Opportunity with respect to race, color, creed, sex, marital status, national origin, religion, age, sexual orientation, or disability.  The district has an established policy of taking affirmative action in recruitment, appointment, assignment and advancement of women, minorities and disabled.  We expect the administration to know of and fully accept the equal opportunity and affirmative action policies and to make certain that no employee or applicant for employment will suffer any form of discrimination because of race, color, national origin, gender, disability, religion, creed, age, marital status, sexual orientation, gender identity, or socioeconomic status.  In order to effectively communicate and interpret the district's policies to all levels of the administration and to all other employees, community and educational agencies, and the public in general, the following guidelines will be undertaken:
A.  Dissemination of Policy
  1.  Employees will be reminded annually of the district's written statement of policy by:

 

  1. Description of policy by publication or reference in all issues or reissues of personnel handbooks.
  2. When appropriate, publicize the EEO policy and such activities through news stories or other articles in district publications.
  3. Detailed discussions at administrative conferences and staff meetings.
 
  1. Employment advertisements will contain assurance of equal employment opportunity.
  2. All employment and recruiting sources where jobs are listed by the district will be reminded of our policy, both verbally and in writing.
  3. Notices will be posted on bulletin boards and in locations where applicants are interviewed.  These will inform employees and applicants of their rights under federal and state civil rights laws.
B.  Responsibility for Implementing the Affirmative Action Program
  1. Responsibility is assigned to the Affirmative Action Coordinator, who will render full assistance and support for those seeking help and assistance in taking affirmative action.
C.  Recruiting
  1. Additional emphasis will be given to seeking and encouraging applicants from minority groups, women's groups and the disabled where such applicants with the necessary qualifications or potentials are available.
D.  Training
  1. All training and in-service programs supported or sponsored by the district will continue to be equally open to minority, female and disabled employees on the basis of qualifications
E.  Hiring, Placement, Transfer, Lay-off and Recall
  1. The District recognizes that to accomplish the long-range objectives of its Equal Employment Opportunity policy, continued affirmative action must be taken to ensure that job opportunities of all kinds are called to the specific attention of members of minority groups, women, and persons with disabilities, and that qualified members of such groups should be offered positions on the same basis as all other applicants or employees.  To assure achievement of the objectives, the district will periodically review its practices in hiring job applicants.
F.  Compensation
  1.  All employees, including women, minority groups and employees with disabilities, will receive compensation in accordance with the same standards.  Opportunities for performing overtime work or otherwise earning increased compensation will be afforded to all qualified employees without discrimination based on race, color, national origin, gender, disability, religion, creed, age, marital status, sexual orientation, gender identity, or socioeconomic status.
 
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, Forest City Community School District, 810 West K, Forest City, Iowa 50436; or by telephoning (641) 585-2323.
 
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,  (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.
 
 
Adoption    06-11-90  
                                 
Review       02-14-02   01-10-08     08-08-11  7-17-13
                                                          
Revision    10-12-06    02-11-08      9-19-11
 
Cross References:

401.2 Recruitment of Professional Personnel

F. C. SCHOOL BOARD POLICIES

Series 400 - Staff Personnel
 
Recruitment of Professional Personnel                 Code No. 401.2
 
Recruitment of staff for the school district shall be the responsibility of the superintendent of schools or his/her designee.  In discharging this responsibility, the superintendent shall make use of such other supervisory or administrative staff members as may be practical.
 
Forest City Community School District does not discriminate on the basis of race, color, creed, sex, national origin, religion, age, sexual orientation, gender identity, military veterans status, or disability.  Inquiries and grievances may be directed to the Equity Coordinator, 145 Sourth Clark Street, Forest City, IA 50436 (641)585-2323, or to the Director of the Iowa Civil Rights Commission, Grimes State Office Building, 400 East 14th St, Des Moines, IA 50309-1004.
 
All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job positing system. Additional announcements of the position may occur in a manner, which the superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervision and overseeing the person being hired.

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Adoption:    4-14-86
                                   
Review:       02-14-02   01-10-08   08-08-11 7-17-13 1-11-16
                                                            
Revision:    10-12-06    02-11-08   09-19-11  7-17-13 1-11-16
                                                                  
Cross References:   
  
Legal References:  601A; 670-3.4; 670-3.5; 670-12.25(281)
 

401.2-R1 Recruitment and Selection: Professional Staff

REGULATIONS

Series 400 - Staff Personnel
 
Recruitment and Selection: Professional Staff                   Code No. 401.2-R1
 
Recruitment and selection of professional personnel will, in general, follow these procedures:
 
  1. Notification:  Advertise the position which is open.
  2. Screening:  The superintendent and building principal(s) will select the finalist(s) to be interviewed.
  3.  Background checks:  The potential candidate must sign a waiver allowing the district to perform a background check.  If the potential candidate does not sign the waiver than thus candidate is no longer a potential candidate.
  4.  Interviewing:  The interview process will be conducted by the superintendent and building principal(s).
  5. Orientation:  Staff members may be utilized to discuss programs, answer questions, and conduct tours of the facilities.
  6. Selection:  The final selection will be made by the superintendent and building principal.
 
Selection of applicants shall be based upon qualifications and potential to be outstanding educators.
 
The board will employ professional staff after receiving a recommendation from the superintendent (except the superintendent may hire teachers without approval of the board).
 
 
 
Adoption:    4-10-89
                                   
Review:      12-13-01   01-10-08    08-08-11  7-17-13 1-11-16
                                                            
Revision:    12-13-01      8-09-07   09-19-11
                                                  
Cross References: 
    
Legal References:  601A
 

401.2-R2 Qualification: Professional Personnel

REGULATIONS

Series 400 - Staff Personnel
 
Qualification:  Professional Personnel             Code No. 401.2-R2
 
Persons interested in a classified employee position will have an opportunity to apply and qualify for classified employee positions in the school district in accordance with applicable laws and school district policies regarding equal employment.  Job applicants for classified employee positions will be considered on the basis of the following:
 
  • Training, experience, and skill;
  • Nature of the occupation;
  • Demonstrated competence; and
  • Possession of, or ability to obtain, state or other license or certificate, if required, for the position.

 

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

 

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

OR

The superintendent has the authority to hire and sin support personnel employment contracts, without board approval, for bus drivers, custodians, education associates, maintenance staff, clerical personnel, and food service workers.  (These positions are the ones listed in the statute.  Boards can add or delete from this list and should develop the list as it best reflects their district.)

 

NOTE:  This is a mandatory policy.  The board has the authority to delegate hiring of classified staff to the superintendent if it is stated in board policy.  The board has to specify in policy the classified positions the superintendent is authorized to hire.  

 
 
 
Adoption    4-14-86
                                 
Review       02-14-02   01-10-08    08-08-11  7-17-13 1-11-16  2-13-17
                                                            
Revision     4-11-94    10-12-06     09-19-11  2-13-17
                                                          
Cross References:
 
Legal References:  20.1; 20.9; Chapters 601A; 640-4.1(272A); 
640-4.13(272A); 670-15.1(257); 670-15.43(275); 670-35.45(259); 670-35.45(2).(3)

401.2-R3 Recruitment and Selection: Support Personnel

REGULATIONS
 
Series 400 - Staff Personnel
 
Recruitment and Selection:  Support Personnel       Code No. 401.2-R3
 
Recruitment and selection of support personnel shall be the responsibility of the administration.  The superintendent of schools shall have the authority to delegate recruitment and selection responsibilities to staff members.  Whenever possible, the preliminary screening of candidates shall be conducted by the director or principal who will be directly in charge of the person being hired.
 
Selection shall be based upon the merits of the candidates, without regard to race, color, national origin, gender, disability, religion, creed, age, marital status, sexual orientation, gender identity, or socioeconomic status.  Instead, selection shall be based upon:
  • Training, experience, and skill;
  • Demonstrated competence;
  • Personality and compatibility;
  • Suitability for the position;
  • The possession of--or the ability to obtain--a state license, if one is required for the position.
  • Background checks
Names of, and salaries to be paid to persons selected, shall be presented to the board at its next meeting, for approval.  However, the superintendent will have authority to employ support personnel on a temporary basis until a recommendation can be made and action can be taken by the board on the position.
 
 
Adoption    4-10-89  
                                 
Review       02-14-02   01-10-08    08-08-11 1-11-16  2-13-17
                                              
Revision    10-12-06      8-09-07    09-19-11  7-17-13
                                                              
Cross References: 407.2  
 
Legal References:  Chapter 601A; 70
 

401.2-R4 Qualification: Support Personnel

REGULATIONS

Series 400 - Staff Personnel
 
Qualifications:  Support Personnel                       Code No. 401.2-R4
 
The term "support personnel" shall include the following employees, whether full-time or regular part-time:
 
     1.  District Office Secretaries
 
     2.  Building Office Secretaries
 
     3.  Print Center
 
     4.  High School Media Assistants
 
     5.  Office Secretaries
 
     6.  Special Education & Classroom Assistants
 
     7.  Nurses
 
     8.  Maintenance Employees
 
     9.  Transportation Employees
 
   10.  Food Service Employees
 
The school administration shall establish job specifications and job descriptions for all positions that require support personnel, and shall maintain a manual containing such job specifications and descriptions.  The manual shall be reviewed and revised as part of the planned evaluation program within the school system.  All job descriptions shall be approved by the Board of Directors.
 
 
 
 
Adoption    4-10-89    
                             
Review      02-14-02    01-10-08    08-08-11  7-17-13
                                                        
Revision   12-13-01      09-19-11
                                                                  
Cross References:
 
Legal References:   279.8; Chapter 20 
 

401.3 Relations to Pupils and Public

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Relations to Pupils and Public                         Code No. 401.3
 
In general, students are the responsibility of the professional staff, except as noted below, support personnel should assume no authority in this matter:
 
  1. A bus driver is responsible for the students on his/her bus.
  2. Certain educational assistants and secretaries are designated to deal with students in attendance and related matters.
  3. A custodian is in charge of a building during "off" hours when he/she is present.
  4. When students are being destructive to public property and no professional staff member is immediately present.
Visitors in the building should always be treated in a friendly, helpful manner.  Any problems concerning a visitor should be referred to the building principal or a professional staff member.
 
 
 
Adoption:    6-24-75  
                               
Review:      02-14-02   01-10-08  7-17-13
                                                                
Revision:
                                                                                                       
Cross References:
 
Legal References:
 

401.4 Evaluation When Employed by Relative/Spouse

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Evaluation when employed by relative /Spouse Code No. 401.4
 
In the case when the District employs a teacher whose spouse is serving as their building principal, the following guidelines will be adhered:
 
  • The Superintendent will either evaluate or appoint a building administrator from another building to evaluate the teacher in question.  The evaluation will follow procedures outlined in the Master Contract.
  • Violations of the Master Contract will be referred to the Superintendent’s Office for disciplinary action
  • Grievance procedures will be amended whenever the superintendent is listed as a hearing officer.  
  • In the event the Superintendent is not available and action is needed immediately, the most senior building administrator should be contacted.  In the event the most senior building administrator is supervising their spouse, the next senior administrator will be called.
 
 
Adoption:   7-15-04
               
Review:   1-10-08  7-17-13
               
Revision:
 
Cross Refrence: 
 
Legal References: 
 

402 Salary and Benefits

402.1 Salary Schedule: Professional Personnel

F. C. SCHOOL BOARD POLICIES

Series 400 - Staff Personnel
 
Salary Schedule:  Professional Personnel             Code No. 402.1
 
The Board of Directors shall establish salary schedules and guides for the several professional positions in the school district that will, in the opinion of the board, (1) attract to this school district the best candidates available, (2) give stability to the professional staff and (3) stimulate professional growth while in service.
 
To advance horizontally on the salary schedule beyond the B.A. level, additional hours must be at the graduate level.  Credit at the B.A. level may be in any graduate program.  Credit will be granted at the MA level only for work done in the major teaching field; except, a teacher may be advanced by submitting a report (oral or written) to a committee consisting of two Board members, their building administrator, the superintendent and two association members on the value of the completed course work as it relates to their teaching assignment.  The committee will make a recommendation to the entire Board which will then determine whether or not to grant the horizontal advancement.
 
These schedules and guides shall be subject to periodic review and modification as necessary for the continued improvement of the educational program of this school district.
 
 
 
Adoption:  4-14-86
                                   
Review:  02-14-02    02-11-08  8-12-13
                                         
Revision:  12-13-01
                  
Cross References: 803.7; 803.8
 
Legal References:  20.1; 20.9
 

402.1-R1 Placement on salary Schedule

REGULATIONS
 
Series 400 - Staff Personnel
 
Placement on Salary Schedule                           Code No. 402.1-R1
 
Up to four years of previous experience may be granted to new employees if said experience is within the last ten years.  If the welfare of the school or the qualifications and experience of the applicant justifies placement on the salary schedule above the vertical experience step for which qualified, appropriate placement may be authorized by Board action.
 
 
 
 
Adoption:  4-11-89
                                 
Review:  02-14-02  02-11-08
                                                                  
Revision: 12-13-01  
                                                                                  
Cross References:
 
Legal References:

402.1-R2 Compensation for Extra Services

REGULATIONS
 
Series 400 - Staff Personnel
 
Compensation for Extra Services                       Code No. 402.1-R2
 
The requirement regarding the supplemental pay generator base is stated in the Master Contract between employees in the certified collective bargaining unit and the Board of Directors.
 
Employees who are assigned extra curricular duties will be compensated as provided in the Supplemental Salary Schedule.
 
The supplementary schedule will be reviewed periodically.
 
 
 
Adoption:   6-24-75  
                               
Review: 02-14-02    02-11-08
                                 
Revision:   12-13-01    03-13-08
                                                  
Cross References:   803.7; 803.8  
        
Legal References:  20.1; 20.9 
 

402.2 Salary Schedules: Support Personnel

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Salary Schedules:  Support Personnel               Code No. 402.2
 
For the various support positions, the Board of Directors shall establish salary schedules.  Following the adoption of any schedule, the administration shall use that schedule as a guide in contracting with support personnel.
 
Salary schedules and guides shall be subject to annual review and modification.
 
 
 
 
Adoption: 4-10-89
                                   
Review: 2-14-02   02-11-08
                                           
Revision:
                                                                                                       
Cross References: 803.7; 803.8
 
Legal References:  20.1; 20.9
 

402.2-R Overtime and Compensatory Time

REGULATIONS
 
Series 400 - Staff Personnel
 
Overtime and Compensatory Time                       Code No. 402.2-R
 
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 non-exempt 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, the building principal, or director.
 
Extra time is earned during a week where the employee has worked less than 40 hours but has accounted for more hours than their contracted hours for the week.  It accrues at an hour-for-hour rate.  overtime is earned whenever an employee works more than 40 hours in a work week.  Overtime is accrued at the rate of 1.5 hours for each hour over 40 in a workweek. 
 
Compensatory time may be taken in lieu of overtime or extra time reimbursement with the following restriction:
 
A maximum of two (2) days or sixteen (16) hours may be accumulated.  Hours in addition to this maximum will be reimbursed to the employee at regular rates if extra time, or overtime rates if overtime.  any accrued comp time must be used by taking the time off or by requesting payment annually by June 30th.  Comp time must be taken before any vacation or personal leave in increments of .5 or 1.0 days.  The superintendent, building principal, or director may, based on needs, schedule the use of comp time for employees. .
 
 
 
Adoption    4-10-89
                                 
Review      02-14-02   02-11-08  6-12-17
                                                                
Revision      6-8-92     03-13-08  6-12-17
                                                                    
Cross References:
 
Legal References: 29 U.S.C. §207(o)
 

402.3 Holiday Pay

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Holiday Pay                                           Code No. 402.3
 
Holiday pay for all full-time, twelve (12) month staff will be paid on the regular basis for the following holidays:  Fourth of July;  Labor Day; Thanksgiving; Christmas; New Years; Good Friday; and Memorial Day.  Vacation pay will be paid on the same, regular basis.
 
Teacher contracts include 190 days, one day of which is a paid holiday.
 
The requirements stated in the Master Contract between the Professional Personnel in the Certified Collective bargaining unit and the Board of Directors regarding vacations of such employees will be followed.
 
 
 
Adoption    6-24-75
                                   
Review      02-14-02    02-11-08
                                                               
Revision     4-11-94     03-13-08
                                                   
Cross References:
 
Legal References:

402.4 free Admission

F. C. SCHOOL BOARD POLICIES

Series 400 - Staff Personnel
 
Free Admission                                       Code No. 402.4
  1. Single employees will be required to work three (3) activites and employees with a spouse or a family will be required to work four (4) activities and shall receive in exchange an activity pass for their immediate family.  Single employees may choose to work four (4) activities in exchange for any activity pass for themselves and a gues. 
  2. Employees will be given the opportunity to sign-up for the events (duties) of their choice, and this sign-up will be taken into account when assignments are made.
  3. The duty roster positions will be listed on the sighn-up sheets.  no one should be placed on more duties than the master contract dicates.  (Single or Family) Should anyone be placed on the duty roster for additional duties, they will be able to choose which one(s) they can declilne doing.  The district will be responsible for finding a sustitute to fill in on this situation. 
  4. Any duties above and beyond the three required will be on a voluntary basis only.
 
 
Adoption:  4-14-86
                                     
Review:  02-14-02   02-11-08  8-12-13
                                                                
Revision:  4-11-94    03-13-08  8-12-13
                                                                    
Cross References:
 
Legal References:

402.5 Staff Travel Reimbursement

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Staff Travel Reimbursement                     Code No. 402.5
 
Expenses for approved travel outside the school district shall be reimbursed.  See Travel Allowance (Code No. 803.9).
 
For the use of a staff member’s private vehicle the staff member shall be reimbursed at a rate for travel determined by the board.
 
 
 
Adoption    6-24-75
                                   
Review       7-17-89    02-11-08
                                                           
Revision     4-11-94    02-14-02   10-12-06
                                                                
Cross References: 803.9
 
Legal References:   79.9
 

402.6 Physical Examinations

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Employee Physical Examinations                     Code No. 402.6
 
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 to the extent job-related and consistent with business necessity, when requested to do so, at the expense of the school district.
 
The cost of the initial examination will be paid by the Forest City Community School District.  The form indicating the employee is able to perform the duties, with or without reasonable accommodation, for which the employee was hired must be returned prior to the performance of duties.  The cost of bus driver renewal physicals will be paid by the employee’s health insurance.   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 post-exposure evaluation and follow-up, communication of hazards to employees, and record keeping.
 
The requirements stated in the master contract between employees in the certified collective bargaining unit and the board regarding physical examinations of such employees will be 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 otherwise required by law or medical opinion.
 
 
 
Adoption     4-14-86
 
Review      01-13-05    02-11-08  8-12-13  8-15-16
 
Revision     02-14-02    02-10-05    7-16-07  8-15-16
 
Cross Reference: 403 Employees' Health and Well-Being
 
Legal Reference:  29 C.F.R. Pt. 1910.1030 (2004). Iowa Code §§ 20.9; 279.8, 321.376 (2007).  281 I.A.C. 12.4(14); 43.15 -.20

402.7 Group Insurance

F.  C.  SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Group Insurance Code No.  402.7
 
Full Time Employees:  All full-time employees and his or her immediate family shall be covered by a health and major medical program with the district paying a maximum amount as determined by the current negotiated agreement.  The balance of the premium, if any, is to be paid by the employee.
 
Three-Fourth Time Support Staff:  Support staff members employed at least 30 hours per week, but less than full time, shall receive health and major medical insurance as follows: Employee (single rate) only to be borne by the School District.
 
One-Half Time Professional Staff:  Professional staff members, including Chapter I, who are working at least one-half time, but less than full time, shall receive health and major medical insurance benefits as follows:  Employee (single rate) only to be borne by the School District.
 
Half-Time Support Staff:  Support staff members employed at least 3 1/2 hours per day (17 1/2 hours per week), or less than 30 hours per week, can receive health and major medical insurance as follows:  Total cost to be borne by employee for single or family rate.  Bus Drivers will be compensated at an amount that has been agreed to through negotiations for single health insurance.
 
 
 
Adoption:    5/13/74
   
Review:       7/17/89 __03-13-08   7-10-08 9-9-13
 
Revision      4/11/94     02-14-02   7-10-08
 
Cross References:
 
Legal References:  Chapter 509.1; 20.1; 20.9; 85.2; 85.33; 85.34; 85.38(3); 85.61; 279.12; 298.8; 294.16; 609A
 

402.7-R Insurance

REGULATIONS
 
Series 400 - Staff Personnel
 
Insurance Code No.  402.7-R
 
State law requires Iowa employers to allow qualified members to continue Medical Expense Coverage after their coverage would otherwise end.
 
Election Period:
 
Continuation must be requested by the beneficiary in writing to the employer as soon as possible following the later of:
a. The date of termination; or
 
b. The date the employer gives notice of the right of continuation benefits.
 
Qualifying Events:
 
Individuals will be qualified for continuation benefits under the following conditions:
 
a. Death of employee
 
b. Termination (other than for gross misconduct)
 
c. Reduction in hours
 
d. Divorce or legal separation
 
e. Employees Medicare eligibility
 
f. Retirement before the age of 65 years
 
Required Coverage:
Must be same coverage given similarly situated beneficiaries.  Any changes for active employees also will apply to continuation coverage.
 
Maximum Continuation Period:
Eighteen months for all who quit and who are terminated, except those for gross misconduct.  Twenty-nine months for disabled beneficiaries.  Thirty-six months for divorced spouse/dependents.  Until age sixty-five for employees who retire prior to 65 years of age and are eligible for continuation coverage under Iowa Code Section 509A.13. 
 
Premium:
Up to 102 percent of premium paid for similarly situated employees.
 
Payments:
Employee may elect to make payments monthly.  Initial payment must be given to the employer by the beneficiary as soon as possible (assuming proper notice is given by the employer).
 
Disqualification:
The continuation of insurance will cease the earlier of:
 
a. Employer ceases to provide any group benefit plan to any employee.
 
b. Beneficiary fails to make timely payment of premium.
 
c. Beneficiary becomes covered under another group plan.
 
d. Beneficiary becomes entitled to Medicare.
 
If the employee retires before attaining the age of 65 years and is entitled to continuation coverage under Iowa Code Section 509A.13, then coverage under that section will terminate when the employee attains the age of 65 years.
 
Exceptions:
Coverage may continue under the following exceptions:
 
a. Early retirement request approved
 
b. Leave of absence request approved
 
When employment terminates, the employer must notify the employee of his or her continuation and conversion rights within 14 days of termination of employment.  The notice must be in writing and delivered in person or mailed to the person’s last known address, Continuation and conversion rights cannot be denied because of the employers failure to give proper notice.
 
 
 
Adoption:  4/10/89
    
Review: 7/17/89  03-13-08  9-9-13
 
Revision:02-14-02
 
Cross References:
 
Legal References: Consolidated Omnibus Budget Reconciliation Act of 1985; Iowa Code §509A.13

402.7-E Benefit Plan Notice

EXHIBIT

 
Series 400 - Staff Personnel
 
Benefit Plan Notice                                   Code No. 402.7-E
 
 
Date:
 
To:
 
Re:  Continuation of Group Medical Expense Coverage
 
Your group medical expense coverage would normally terminate as of                     .                                  
State law, however, permits you to continue this coverage for up to eighteen months for all staff who quit, are temporarily laid off, or are terminated.  Those terminated for gross misconduct do not qualify for the continued coverage.  Coverage of up to a total of thirty-six months for divorced spouse/dependents is available if divorced spouse/dependents are unable to find coverage after eighteen months.  If at any time during either the eighteen or thirty-six month periods you become eligible for other group coverage your continued coverage under our plan will stop.  At this time your coverage will extend to                                    .
 
If you decide to continue your medical expense coverage, please so indicate at the bottom of this form.   Continued coverage must be elected within sixty days of the later of the date group coverage terminates or the date notice of termination of coverage is provided.  It will then be your responsibility to pay the monthly premium of              (Health) and/or                 (Dental) by check or money order made payable to the Forest City Community School and sent to 145 S Clark Street, Forest City, IA 50436.  The first such payment must be returned with this form within the specified time limit; otherwise you will lose the right to continue coverage.  Subsequent payments must be received in the office indicated no later than the 25th day of each month.  Failure to make timely payment will be cause for termination of coverage.
 
                                                                                                                                                                                                      
(Business Manager's Signature)       (Group Plan Account Number)
 
 
Forest City Community Schools                                                                                                 
810 West K Street                         (Date Last Worked)
Forest City, IA  50436
 
 
Coverage is to be continued: Health                  Yes                       No
Dental  Yes    No
 
 
                                                                                                                                           
                                          (Signature of Member)
 

 

402.8 Salary Reduction or Compensation

F.  C.  SCHOOL BOARD POLICIES

Series 400 - Staff Personnel
 
Salary Reduction or Compensation Code No.  402.8
 
Pursuant to Section 125 of the Internal Revenue Code, the Forest City Community School District, as the employer, offers to all employees the opportunity to have a portion of gross salary redirected to pay their required contributions/premiums for benefits sponsored by the Employers’ Flexible Benefit Plan.
 
Description of Benefits
 
a. Benefits offered under this plan are specifically health and dental insurance.
 
b. By employee class, each employee will have the following choices of taxable and non-taxable benefits:
 
(1) Support Staff
Dependent health insurance
Dependent dental insurance
 
(2) Professional Staff
Dependent health insurance
Dependent dental insurance
 
Rules of Participation
 
a. Eligibility:  The plan is available to all professional and support employees of the District.
 
b. Election Required
 
(1) All employees will be given the option to elect to receive the taxable or non-taxable benefit
 
(2) Any employee failing to make an election within the time period specified herein will, by default, have elected to receive the benefit as taxable compensation.  Under this circumstance, the cost of dependent health and dental insurance coverage selected by the employee will be deducted as a payroll deduction item on each of the employee’s regular paychecks and be subject to all applicable payroll taxes.
 
 
a. Election Period:  Employees shall make the election not earlier than forty-five days nor later than fifteen days prior to the first payment under the employee’s new employment contract.
 
b. Election Irrevocable:  The election, with the exception of an event (e.g. marriage, divorce, death of spouse or child, birth or adoption of child, and termination of employment of spouse), which changes the employee’s present family status, shall be irrevocable for the contract year.
 
c. Period Covered by Election:  The election made by an employee shall cover a twelve-month period beginning with the first pay period of the new fiscal year.  An election made by an employee beginning employment after the start of the regular contract year shall remain in effect for the balance of months remaining in that contract year.
 
d. Renewal of Contract:  Unless otherwise specified, elections of an employee shall automatically he continued on a year-to-year basis.  Any changes in an election, except as specified in paragraph 4 (b), may only be made during the election period defined in paragraph 4 (a).
 
Manner in Which School Contributions are Made.  The District will make employer contributions pursuant to a salary reduction agreement under which the employee will elect to reduce his/her compensation and to have such amounts contributed, as employer contributions, by the District on the employee’s behalf.
 
Maximum Amount of District Contribution:  District contribution shall be limited to the amount specified in the salary reduction agreement pursuant to paragraph 5.
 
Plan Year:  The plan year shall parallel the fiscal year of each employee group.  The plan year shall be twelve months beginning with the first pay period of the employee’s contract year.
 
 
 
Adoption:   4/14/86
              
Review       7/17/89      03-13-08 9-9-13
 
Revision     4/11/94      02-14-02
 
Cross References:
 
Legal References: 26 U.S. §125; Iowa Code §279.12

402.9 Annuities

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Annuities                 Code No. 402.9
 
Premiums for payment of annuities may be deducted from the salaries of all contracted personnel, provided that the employee's written authorization for such deductions shall be on file with the secretary of the board.
 
 
 
Adoption: 4-14-86
                                    
Review: 4-11-94  02-14-02   03-13-08  9-9-13
                                                              
Revision:
                                                                                                        
Cross  References:
 
Legal References:  20.9;  294.16
 

402.10 Voluntary Early Retirement Plan

 
FOREST CITY SCHOOL BOARD POLICY 
Series 400 - Staff Personnel 
 
Voluntary Early Retirement Plan Code No. 402.10 
 
1. PURPOSE 
The Board of Directors of the Forest City Community School District is committed, through this plan, to reduce the potential for involuntary staff reduction by providing an economic incentive to employees to voluntarily elect an early retirement. Further, it is the expressed intent of the Board to provide this incentive only for the 2008-2009 and the 2009-2010 school years.  Employees who are eligible for early retirement under the terms of this policy and who wish to apply for benefits must do so no later than February 27, 2009, regardless of whether they intend to retire in 2009 or in 2010. 
 
2. STATEMENT OF NON-DISCRIMINATION 
The School District will not discriminate against any employee on the basis of age, gender, gender identity, sexual orientation, race, color, creed, religion, national origin, marital status, or disability through the application or administration of this plan.
 
3. ELIGIBILITY 
  1. regular, certified or non-certified employee is eligible for early retirement if the employee: 
  1. has reached the age of 55 at the actual date of retirement, 
  2. has worked a minimum of the most previous continuous ten years at the School District and is actively employed during the last fiscal year prior to early retirement, 
  3. notifies the Board as provided by this Plan, and, in any event, not later than 4:00 p.m. on February 27, 2009, 
  4. retires effective not later than June 30, 2010, 
  5. has not received a notice concerning termination of the employee's contract, unless the notice is based upon reasons which are related to staff reduction, and 
  6. has not previously received early retirement benefits from the School District. 
4. DEFINITION OF TERMS 
 
  1. Years of service - Years of service must be consecutive and all years used to establish eligibility must be years of service as a certified or non-certified employee. 
  2. Continuous Employment - Continuous employment must be without any voluntary interruptions of service. Absences due to reductions in force or due to approved leaves will not constitute a voluntary interruption in service, unless the absence or leave exceeds twenty-four (24) consecutive months in length. However, the period of time which during which an employee is absent due to a reduction in force or due to an approved leaves will not be counted for purposes of determining the minimum length of service required to establish eligibility.
  3. Regular employee - A regular employee is a certified employee who works a minimum of nine months or more each fiscal year or a non-certified employee who works twelve months each fiscal year. 
  4. Certified employee - An employee who is issued a contract under Iowa Code Chapter 279. 
5. APPLICATION 
  1. 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. 
  2. Application materials must include the following forms: 
i. Resignation and Request for Retirement 
ii. Designation of Beneficiary Form 
iii. Release of Claims Form 
iv. Agreement Not to Reapply for Employment. This agreement does not prohibit the School District from offering employment to the employee in the future. 
  1. All application materials must be received by the Superintendent not later than 4:00 p.m. on February 27, 2009. 
  2. An employee's application for early retirement benefits is not, in itself, a resignation of a contract with the School District nor does it require the Board to accept the application. However, acceptance by the Board of an employee's application for early retirement will be considered a voluntary resignation and termination of his/her continuing contract. If the Board does not accept the employee's application, the employee's contract will continue in effect. 
6. LIMITATION ON NUMBER OF EMPLOYEES 
  1. The Board reserves the right to determine how many employees will be granted benefits. 
  2. Employees who are eligible may apply immediately following the Board's adoption of this plan. Recipients will be determined on a first-come, first-served basis. If there is a tie between or among employees using the first-come, first-served basis rule because more than the maximum number of applications is received on the same date, the tie will be broken by using District seniority of employees and the most senior employee(s) will be granted early retirements benefits. 
7. EARLY RETIREMENT BENEFITS 
 
  1. Early retirement benefits are offered as an inducement to, and consequence of, retirement and are not to be construed as a continuation of salary. 
  2. An eligible certified employee who is approved for early retirement will receive a onetime credit of Thirty Five Thousand Dollars ($35,000.00) into an escrow account to offset health insurance premiums. 
  3. Employees are advised to seek independent advice with regard to tax or financial consequences associated with any action taken by them under this plan. 
8. INSURANCE 
  1. As provided by Iowa code Section 209A.13, the retired employee will be eligible to participate, at his/her own expense, in the School District's group health plan until age 65. The coverage provided for the retiree and dependents will be that coverage which is provided to activate employees through whatever group plan is authorized by the board during the period of time that insurance benefits are provided. 
  2. Nothing herein shall limit the School District's ability to change the terms of its existing health and major medical insurance plan. This plan in no way guarantees that a participating employee will be provided any certain level of benefits during the time of the employee's participation in the insurance benefits portion of the early retirement program. 
9. TERMINATION 
Employees who are eligible for early retirement under the terms of this policy and who wish to apply for benefits must do so no later than February 27, 2009, regardless of whether they intend to retire in 2009 or in 2010. Effective February 28, 2009, this plan will no longer be available to employees, and this plan shall terminate on June 30, 2010. Notwithstanding the termination of this plan, employees who are granted benefits pursuant to this plan will continue to receive such benefits as set forth herein. 
 
Adoption:  01-09-2009
 
Review:      
 
Revision: 
 
Cross References: 
 
Legal References: Iowa Code §279.46. 

402.10 E1

EXHIBIT
Series 400 - Staff Personnel
Code No. 402.10-El 
 
RESIGNATION AND REQUEST FOR EARLY RETIREMENT 
I,                                                       , born on                                      , hereby submit my resignation to the Board of Directors of the Forest City Community School District and elect the early retirement benefits available to certified employees in the Forest City Community School District. This resignation is subject to the acceptance of my application for early retirement benefits. 
 
I commenced continuous service in the Forest City Community School District, or one of its predecessor school districts, on                                                             .
 
 
 
 
 
 
 
 
 
 
Print Full Name                                                                                             
 
Signed                                                                      Date
 
 
 
 
 
 
The resignation and request for early retirement was accepted by the Board of Directors on the     day of                 , 2009, by action as noted in the minutes of the Board. 
 
                                                                          
Secretary of Board of Directors 
Forest City Community School District 
 

402.10 E2

EXHIBIT 
Series 400 - Staff Personnel 
Code No. 402.10-E2 
 
RELEASE 
 
Forest City Community School District (the "School District") and                              ("Employee") agree as follows: 
 
  1. In consideration of the benefits to be provided to him/her in accordance with the Early Retirement Plan, Employee agrees to immediately sign and submit a letter of resignation to be effective on , 20____ (Must be either 2009 or 2010.).
  2. Employee is advised that he/she has the right to consult with an attorney prior to signing this Agreement. 
  3. 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 
  4. Employee agrees 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. 
Forest City Community School District 
 
                                                                                                                               
By:                                                                         (Employee) 
 
                                                                                                                               
Date:                                                                   Date:
 
                                                                                                                               
Witness                                                                Witness
 
                                                                                                                               
Date:                                                                    Date:

 

402.10 E3

EXHIBIT 
Series 400 - Staff Personnel 
Code No. 402.10-E3 

DESIGNATION OF BENEFICIARY 

If the Board approves my application for early retirement benefits and I die before I receive the cash payment provided by the Early Retirement Policy. I direct the Board to make this payment to: 
 
                                                                                                      
(Name of Beneficiary) 
Print Full Name                                                                                               
 
Signed                                                       Date                                            

402.10 E4

EXHIBIT 
Series 400 - Staff Personnel 
Code No. 402.10-E4 
 
AGREEMENT NOT TO SEEK RE-EMPLOYMENT 
 
In consideration of the benefits that will be provided to be by Forest City Community School District through its Early Retirement Plan, I hereby agree not to apply for or seek employment with Forest City Community School District at any time in the future. It is understood that this Agreement does not apply to substitute teaching or coaching assignments. 
 
 
Print Full Name
 
Signed                                                            Date
 
Witness                                                           Date

402.11 Staff Recognition Program

F.C. SCHOOL BOARD POLICIES
 
Series 400 Staff Personnel
 
Staff Recognition Program                             Code No. 402.11
 
The Forest City Community School District Board of Directors recognizes that staff personnel are vital to the educational success of students in the district.  The Board wishes to recognize staff personnel with awards that highlight years of service to the district and retirement.
 
The following recognition program is adopted to provide continuity, equity and coordination which will enable the Board of Directors to meet the goal of highlighting service to the district.  This program is to include all staff in the Forest City Community School District.
 
It is recommended that a breakfast or luncheon be held during the school year to deliver this program and hand out awards.  Other delivery modes may be used as the board and administration desires.
 
 
      5 Year Award - 
 
     10 Year Award - 
 
     15 Year Award - 
 
     20 Year Award - 
 
     25 Year Award - 
 
     30 Year Award - 
 
     35 Year Award - 
 
     Retirement    - 
 
 
 
Adoption: 7-17-89
                                   
Review:  02-14-02  10-25-06   03-13-08  9-9-13
                                                              
Revision:9-9-13
                                                                                                        
Cross References: 
   
Legal References:
 

402.13 Evaluation of Support Staff When Employed by Relative/Spouse

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Evaluation of Support Staff when Employed by Relative /Spouse Code No. 402.13
 
 
In the case when the District employs support staff whose supervisor is either a spouse or relative, the following guidelines will be adhered:
 
The supervisor who employs a spouse or relative will coordinate with the Superintendent of Schools to determine who should evaluate the employee.  The Superintendent may designate a person to perform the evaluation function recognizing that the evaluator must be a person with supervisory experience.  
 
 
 
Adoption: 11-11-04
 
Review:  03-13-08  9-9-13
   
Revision: 
 
Legal References:
 

402.15 Employee Early Resignation Incentive

F. C. SCHOOL BOARD POLICIES

Series 400 – Staff Personnel
 
Employee Early Resignation Incentive           Code No. 402.15
 
 
The Forest City Community School district will pay certified and support staff employees a stipend from $100 to $500 for the submission of an early resignation letter.  The stipend will not be offered for supplemental contracts.  The stipend will decrease as the year progresses.  Resignations must be turned in to the superintendent by the last day of the month.  If the last day of the month falls on a weekend, then the resignation must be turned in to the superintendent by the last Friday of the month prior to the weekend.  Stipends will be included in the employee’s final paycheck.  
 
Early resignation stipend amounts will be as follows: 
January or before $500.00
February $300.00 
March $100.00
 
 
 
 
Adoption  11-08-07
               
Review     403 Employee Contracts
 
Revision   1/10/08
                                                 
Cross References:
 
Legal References:  Iowa Code §§ 91A.2, 3, .5;  279.13, .19A  (1993).

403 Employee Contracts

403.1 Contracts: Professional Personnel

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Contracts:  Professional Personnel           Code No. 403.1
 
Contracts with professional school personnel will be in writing, and will state the length of time the contract is in force, the total compensation for the contract period, and the schedule of periodic payments.  All original contracts will be processed by the administration; approved by the Board of Directors; signed by the board president; and filed with the school district secretary.
 
Separate contracts are to be issued for supplemental or extra-curricular work, apart from the regular classroom contracts.
 
All provisions of the law pertaining to the issuance of contracts will be observed.
 
 
 
 
Adoption: 4-10-89
                                   
Review: 4-11-94   02-14-02  04-10-08  10-14-13
                          
Revision:
                                                                                                      
Cross References: 402.2; 408.1, 279.19 
 
Legal References:  Chapter 20 as amended; Sections 272A.6; 279.12 through                                    
279.19B; 260.31; 279.23 through 279.25: 291.1; 294.1; AC 640.3.1(272A) et seq.                         
 

403.1-R Probationary and Continuing Contracts

REGULATIONS
 
Series 400 - Staff Personnel
 
Probationary and Continuing Contracts Code No.  403.1-R
 
Probationary Contracts
 
The first three years of a new licensed teacher’s contract shall be a probationary period unless the employee has already successfully completed the three-year probationary period in an Iowa school district.  New teachers 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 shall be determined on a case-by-case basic in light of the circumstances surrounding the employee’s performance as documented in the employee’s evaluation and personnel file.
 
Continuing Contracts
 
Contracts for all professional personnel will automatically continue for equivalent periods unless they are terminated or modified by mutual agreement between the Board of Directors and the staff member as provided by law.
 
A teacher who has not accepted a contract for the ensuing school year may resign by filing a written resignation with the secretary of the board.  The resignation must be filed no later than the date specified by the Board of Directors for the return of the contract.
 
On or subsequent to March 15, the Board of Directors will issue contracts and request their return no earlier than 21 days after issue.
 
The Board of Directors may terminate a certified employee’s contract for the ensuing year according to procedures provided in Chapter 279.15 which include:
  1. Superintendent shall notify the teacher not later than April 30 that the recommendation to terminate the continuing contract effective at the end of the current school year will be made in writing to the board.
  2. Within five days of the receipt of the written notice the teacher may request, in writing to the secretary of the board, a private hearing with the board.
  3. Within five days after the private hearing, the board shall, in executive session, and meet to make a final decision.  If the teacher does not request a private hearing or does not appear at the private hearing the board shall make a determination not later than 5 days after the scheduled date for the private hearing.
  4. If the teacher is no longer a probationary teacher, the teacher may, within 10 days, appeal the determination of the board to an adjudicator,
  5. If either party rejects the adjudicator’s decision, appeal to the district court may be made within 30 days.
The superintendent may at any time recommend an immediate discharge for cause that will become effective upon action by the board.
 
 
 
Adoption: 4/14/86
     
Review: 7/17/89  04-10-08  10-14-13
 
Revision: 4/11/94 02-14-02
 
Cross References: 402.1; 403.3; 403.4  403.5; 403.6
 
Legal References:  Chapter 20; 272A.6; 279.12-279.19; 279.27; 291.1; 294.1
 

403.2 Contracts: Support Personnel

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Contracts:  Support Personnel                       Code No. 403.2
 
The board may enter into written contracts with classified employees employed on a regular basis.  The contract will state the terms of employment.
 
Each contract will include a thirty-day cancellation clause.  Either the employee or the board must give notice of the intent to cancel the contract at the end of thirty days.  This notice will not be required when the employee is terminated during a probationary period or for cause.
 
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. 
 
 
Adoption:  04-14-86
               
Review: 02-14-02    01-13-05   04-10-08  10-14-13
           
Revision: 02-10-05
 
Cross Reference: 402.1 Recruitment & Selection: Support Personnel
402.2 Salary Schedules:  Support Personnel
402.2R Overtime and Compensatory time
402.8 Salary Reduction or Compensation
 
Legal References:  Iowa Code §§ 20; 279.7A; 285.5(9) (2003).
 

403.3 Assignment and Transfer: Professional Personnel

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Assignment and Transfer:  Professional Personnel                 Code No. 403.3
 
A. Definition of Transfer
 
A 'transfer" shall be defined to mean a movement from one job classification within the bargaining unit to another job classification within the bargaining unit, or movement from one building to another.  Job classifications are set forth in Article 9(B).
 
B. Voluntary Transfers
 
If the District decides to fill a vacancy, the District may advertise the position for all applicants or may post the position for bargaining unit applicants only.  If the District opens the position for all applicants, then the District may select any applicant.  If the District decides to fill a vacancy from within the bargaining unit, the vacancy shall first be posted for five (5) working days, and employees who wish to apply for a transfer must make written application for transfer within said five-day period.  Bargaining unit applicants who meet the posted qualifications for the position will be granted an interview.
 
If the District posts the position for bargaining unit applicants only and there is more than one applicant for the position, then the District will select the bargaining unit applicant who, in the judgment of the Superintendent, is most qualified for the position.
 
If two or more bargaining unit applicants are judged equally qualified for the position, then the most senior applicant will be awarded the position.  If there is only one bargaining unit applicant for the position, then the District may award the position to the bargaining unit applicant or seek applicants from outside the bargaining unit.
 
C. Involuntary Transfers
 
An involuntary transfer is a transfer initiated by the Superintendent.  The decision regarding an involuntary transfer shall be made by the Superintendent based upon the certification of the employee and the needs of the School District.  At the request of the employee, a meeting between the employee ad the Superintendent shall be held to discuss the transfer at which time the employee shall be given the specific written reason(s) for the involuntary transfer.
 
Within ten (10) calendar days from the date on which it decides to make an involuntary transfer, the District will give the affected employee written notice of an involuntary transfer.
 
Adoption: 4-14-86
             
Review: 7-17-89   04-10-08  10-14-13
                                                                   
Revision: 4-11-94   02-14-02
                                                                  
Cross References:
 
Legal References:  20.9; 601A.14
 

403.3-R1 School Day for Professional Personnel

REGULATIONS
 
Series 400 - Staff Personnel
 
School Day for Professional Personnel                 Code No. 403.3-R1
 
 
A. Regular Work Day
 
The regular work day shall be eight (8) hours.  The eight hour time period shall not begin before 7:30 a.m.  All teachers must be in their classroom or at their duty assignment by 8:00 a.m.  Building principals will determine starting times for their faculty meetings.  Employees shall not be required to attend meetings with starting times before 7:30 a.m. or after 3:45 p.m.
 
The time schedule for inservice days will be established by the administration and staff shall be notified of the time schedule in advance of the inservice day.
 
B. Exceptions
 
On Fridays, days before vacations or holidays, teachers may leave after all buses have left the individual attendance centers.  On days where school is dismissed for inclement weather, teachers may leave once their building principals have been given assurances that buses will be able to complete their routes.
 
C. Duty-Free Lunch
 
Teachers will not be required to perform duties during their lunch period.  Teachers' lunch period will be the same length as scheduled for students in their building.
 
D. Weather and Snow Closing
 
In case of severe weather the staff should listen to radio station KIOW or KIMT/TV for cancellation of school or adjustments to the start or release time.  In the event of school running late, the staff will report at the adjusted time, e.g. if school starts one hour late, staff will report one hour late.
 
 
Adoption:  4-10-89
                                   
Review:  4-11-94  02-14-02   04-10-08  10-14-13
                                                        
Revision:  
                                                                                                     
Cross References: 601.3
 
Legal References:  20.9; AC 670-3.35; 670-1.2(2); 286(a); 670-3.2(11);   257
 
 

403.3-R2 Extra-Curricular Assignments

REGULATIONS
 
Series 400 - Staff Personnel
 
Extra-Curricular Assignments Code No. 403.3-R2
 
Whenever possible, responsibilities for extra-curricular activities will be assigned to school district personnel.  Only when contracted staff are not available will non-staff members be considered.
 
Extra-curricular assignments are to be dispersed as much as possible in order for professional staff to maintain a balance between teaching and coaching.  Only one head coaching position will be assigned to any one individual.*
 
*With prior approval by the school board, exceptions may be made for head cross country coach and head golf coach.
 
 
Adoption:12-18-95
                     
Review: 02-14-02  10-12-06   04-10-08  10-14-13
                                                               
Revision: 
                                                                                                         
Cross References:
 
Legal References:

403.4 Assignment and Transfer: Support Personnel

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Assignment and Transfer:  Support Personnel           Code No. 403.4
 
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 for each classified employee and the needs of the school district.
 
It is the responsibility of the superintendent to assign classified employees and report such assignments to the board.
 
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 qualification of each classified employee and the needs of the school district.
 
A transfer may be initiated by the employee, the principal or the superintendent.
 
It is the responsibility of the superintendent to transfer classified employees and report such transfers to the board.
 
 
 
Adoption    4-14-86
                                 
Review       7-17-89     02-14-02   5-8-08  11-11-13
 
Revision     6-12-08
                                                                                   
Cross References:
 
Legal References:  20.9; 601A.14
 

403.5 Shared-Time Staff

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Shared-Time Staff                                     Code No. 403.5
 
The administration may enter into a shared-time contract with another school district, or other public educational institution according to Chapter 28E, Iowa Code, to allow certificated staff to fill a vacant or newly created part-time position where none of the current staff members are available or do not possess the necessary certification and/or qualifications as determined by the board.
 
The school district shall consider proposals of other public educational institutions to share certificated staff members where the arrangements may be mutually beneficial to the institutions, personnel and students involved.
 
All shared-time contracts shall be made on a voluntary basis with the teacher or administrator to be shared between the institutions.
 
 
 
Adoption:  4-14-86
                                   
Review: 4-11-94  02-14-02   5-08-08  11-11-13
                                                               
Revision:
                                                                                                     
Cross References:
       
Legal References:  28E, Section 280.15

403.6 Resignation: Professional Personnel

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Resignation:  Professional Personnel                 Code No. 403.6
 
Resignations shall be in writing, signed by the resigning party, and directed to the superintendent of schools:  The superintendent will submit it to the Board of Directors with recommendations, as provided by law.
 
All resignations for the following school year submitted within twenty-one (21) days of the annual issuance of the contract modification form shall be accepted by the board.  The Board of Directors may require an individual who has resigned from an extracurricular contract to accept the resigned position for the subsequent school year if, 1) a good faith effort was made to find a replacement, and 2) the individual remains on the staff.  The assignment must be made on June 1st.
 
The board recognizes that there are some circumstances which force an employee to request release from a contract before the expiration date of the contract; therefore, personnel will be released from their contracts at any time that replacements suitable to the administration can be secured.
 
The board, however, does discourage professional staff members from submitting resignations later than the regular June board meeting.  Few reasons will be acceptable for approving such resignations after this date.
 
If an employee leaves without proper release, the superintendent of schools is directed to file a complaint with the Iowa Professional Teaching Practices Commission.
 
 
 
Adoption:  4-10-89
                                   
Review: 4-11-94    02-14-02   5-08-08  11-11-13
                                                            
Revision:
                                                                                                      
Cross References:
 
Legal References:  91A.2; 91A.3; 91A.5; 272A.6; 279.13; 279.19A;                                                  
 670-35.43(259); 670-50

403.7 Resignation: Support Personnel


F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Resignation:  Support Personnel                     Code No. 403.7
 
Resignations shall be in writing, signed by the resigning party, and directed to the superintendent of schools and referred by him to the Board of Directors with his recommendation.
 
The board recognizes that there are some circumstances which force an employee to request a release from a contract before the expiration date of the contract; therefore, personnel will be released from their contracts at any time that suitable replacements can be found.
 
 
Adoption: 6-24-75
                                   
Review:  4-11-94   02-14-02   05-08-08  11-11-13
                                                      
Revision:
                                                                                                      
Cross References: 408.1
 
Legal References: 
 

403.8 Reduction in Force: Professional Personnel

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Reduction in Force:  Professional Personnel         Code No. 403.8
 
A.  Coverage
 
All employees are covered, including employees on extended leave of absence.
 
B.  Definition  
 
1.  K-5   Classroom Teachers
2.  6-8 Subject Matter Teachers
3.  9-12 Subject Matter Teachers
4.  Art (K-12)
5.  Instrumental Music (K-12)
6.  Vocal Music (K-12)
7.  Physical Education (K-12)
8.  CHIP (K-12)
9.  Chapter I (K-5), (6-8), (9-12)
10.  Guidance (K-5, (6-8), (9-12)
          11.  Special Education By Certification
          12.  Student service coordinator (K-12)
          13.  Study skills teacher (K-12)
          14.  Alternative H.S. teacher (9-12)
          15.  Media Service (K-12)
          16.  Technology director (K-12)
 
Employees shall be classified based upon their assignment during the school year in which staff reduction procedures are commenced.  An employee with an assignment in more than one of the categories listed above in this section shall be classified in the category in which he/she has the greatest number of periods of assignment.  If the number of periods of an employee's assignment are equal, then the employee shall be classified in the category in which he/she has the greatest length of service
 
C.  Layoff procedures
 
When the Board determines that employees should be laid off, the following procedure will
determine the order in which employees shall be laid off:
 
  1. The Board shall first attempt to make all staff reductions through attrition.  Attrition shall only be deemed to have occurred where the Board has received resignations in the classification in which reduction is sought prior to the issuance by the Superintendent of Notice of Intent to Terminate Contract.
  2. Unless the employees are needed to maintain an existing program, employees with emergency and/or temporary certification will be laid off first.
  3. Unless the employees are needed to maintain an existing program, probationary employees will be laid off next.  If there is more than one probationary employee in the affected job classification, the probationary employees will be laid off based upon seniority.
  4. If the staff reduction cannot be fully accomplished following the layoff of employees as provided in (C) (1) through (3), then the employee(s) in the job classification with the least seniority shall be laid off.
  5. An employee who has initially been identified for layoff as provided in (C) (4) shall have the right to displace the least senior employee in another job classification, provided the initially-identified employee has previously taught in that classification in the School District or has successfully completed (Grade of C or better) six graduate hours of credit in the subject matter of that classification within the last five (5) years.
 
D.  Recall Procedures
 
Any employee who is laid off or who resigns upon request for reasons of staff reduction will be recalled if there is a vacancy in his or her curricular and subject area and level as contained in Section B of this Article.  Vacant positions shall be offered to employees who are on recall before the positions are posted for transfer.
 
Employees shall have recall rights for a period of three (3) years from the last day of school year during which they were laid off or resigned.  Employees shall provide written notice by certified mail to the Superintendent if they wish to be recalled.  Such notice must be postmarked within fifteen (15) calendar days following the date of the employee's letter of resignation or the date of the employee's notice of termination of contract.
 
Notice of recall will be give by certified mail to the last address given to the Board by the employee.  An employee must respond by certified mail postmarked within ten (10) calendar days after receipt of the notice of recall or the employee will be considered to have refused the offer of recall.  The order of recall will be as follows:  first, employees who resigned will be recalled in order of their resignation, and, second, employees who were laid off will be recalled in order of their termination.
 
E.  Benefits
 
Any employee who is recalled shall be placed on the salary schedule at the step above the one in effect at the time of departure, plus experience in another school within the limits specified in this Agreement.  Employees who are recalled will also have their sick leave benefits restored to the same level as existed at the end of the year during which they were laid off.      
 
 
Adoption: 4-14-86
                                 
Review: 4-11-94  05-08-08  11-11-13
                                                           
Revision: 2-14-02
                                                                    
Cross References: 402.2 
       
Legal References:  20.7; 20.9; 279.15
 

403.8-E Reduction in Force: Professional Personnel

EXHIBIT
 
Series 400 - Staff Personnel
 
 
Reduction in Force:  Professional Personnel Code No. 403.8-E
 
 
Application for Inclusion in Additional Areas of Employment (Career Pools)
 
Name                                                 Date _____________________ 
 
Number of Years Employed by Forest City Schools  _______________________
 
Current Area of Employment (Career Pool) Area of Employment (Career Pool)
 Applying for Inclusion in:
 
                 K-5 Classroom Teachers                         K-5 Classroom Teachers
 
                6-8 Subject Matter Teachers                    6-8 Subject Matter Teachers
 
                9-12 Subject Matter Teachers                   9-12 Subject Matter Teachers
 
                Special Area*                                             Special Area*
 
*List area and grade level:                                    *List area and grade level:
                                                                                                                                    
 
Signature of Teacher _________________________________                                   
 
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 
To be Completed by Administration:
 
                        Application Approved                                Application Denied
 
If application is denied, attach a statement of reasons for the denial and a list of items or a growth plan that the teacher may complete to meet the qualifications for approval in the additional area of employment (career pool).
 
 
Principal's Signature                                                              Date                   
 
 
Superintendent's Signature                                                    Date                   
 

403.8-E Reduction in Force: Professional Personnel

EXHIBIT
 
Series 400 - Staff Personnel
 
 
Reduction in Force:  Professional Personnel Code No. 403.8-E
 
 
Application for Inclusion in Additional Areas of Employment (Career Pools)
 
Name                                                 Date _____________________ 
 
Number of Years Employed by Forest City Schools  _______________________
 
Current Area of Employment (Career Pool) Area of Employment (Career Pool)
 Applying for Inclusion in:
 
                 K-5 Classroom Teachers                         K-5 Classroom Teachers
 
                6-8 Subject Matter Teachers                    6-8 Subject Matter Teachers
 
                9-12 Subject Matter Teachers                   9-12 Subject Matter Teachers
 
                Special Area*                                             Special Area*
 
*List area and grade level:                                    *List area and grade level:
                                                                                                                                    
 
Signature of Teacher _________________________________                                   
 
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 
To be Completed by Administration:
 
                        Application Approved                                Application Denied
 
If application is denied, attach a statement of reasons for the denial and a list of items or a growth plan that the teacher may complete to meet the qualifications for approval in the additional area of employment (career pool).
 
 
Principal's Signature                                                              Date                   
 
 
Superintendent's Signature                                                    Date                   
 

403.9 Reduction in Force: Support Staff

F.C. SCHOOL BOARD  POLICIES

Series 400 Staff Personnel
 
STAFF REDUCTION:  (SUPPORT STAFF) Code No:  403.9
 
Decision To Reduce Force
 
A reduction in force is defined to mean the complete elimination of a position of employment.
 
The Board has the exclusive power to determine when a reduction in force of classified employees is appropriate.  It shall be the responsibility of the Superintendent to make a recommendation to the Board concerning any reduction in force of classified employees. 
 
Decision to Reduce Hours of Work
 
A reduction in hours of work is defined to mean a decrease in the hours of work that an individual employee or class of employees is normally scheduled to perform.  
 
The Board has the exclusive power to reduce the hours of work of an individual employee or a class of employees and has the discretion to reduce hours of work uniformly throughout a classification of employees or on an individual basis, as it deems appropriate.  It shall be the responsibility of the Superintendent to make a recommendation to the Board concerning any reduction in the hours of work of classified employees.
 
The decision to reduce the hours of work of an employee or class of employees is not subject to the provisions of this policy and may be made for any reason which is not in violation of the law.
 
Coverage
 
This policy applies to all full-time, part-time, and temporary employees who are employed in any one of the classifications listed below.  The policy applies to employees who are actively at work, to employees who are on leave of absence, and to employees who are neither actively at work or on leave of absence but whose employment has not been terminated either voluntarily or involuntarily.
 
Classification
 
For purposes of staff reduction, employees will be classified by job classification as follows:
 
Custodian
Director of Maintenance 
Cook
Head Cook
Food Service Director
Bus Driver
Transportation Director
Elementary Secretary
Middle School Secretary
High School Office Secretary
Superintendent’s Secretary 
Administrative Office Secretary
Business Manager 
Elementary Associate
Middle School Associate
High School Associate
School Nurse 
 
Procedure
 
The Board shall first attempt to make staff reductions by attrition.  Attrition is defined to mean a voluntary separation from employment, and attrition shall be deemed to have occurred only when the Board has received and acted upon a resignation prior to the date on which the Superintendent presents his/her recommendation to the Board regarding a reduction in force.  
 
If the reduction in force cannot be fully accomplished by attrition and if the Board decides to lay employees off, then, given the necessity to hire and/or maintain the most competent and qualified staff available in the interest of perpetuating the highest quality education program possible, the Superintendent shall make his/her recommendation and the Board shall base its decision regarding staff reduction on the relative competence (measured by formal evaluations), qualifications (determined by reference to the applicable job description), and work record (determined by reference to the employee’s work record, including, but not limited to, attendance, tardiness, and record of disciplinary action) of employees in the affected job classification.  If the Superintendent, in his/her judgment, determines that two or more employees are relatively equal with regard to competence, qualifications, and work record, then the recommendation of the Superintendent and the decision of the Board to reduce staff shall be made on the basis of seniority starting with the least senior employee in the affected job classification being laid off first.
 
Seniority
 
Seniority is defined as an employee’s continuous length of service with the School District and shall begin on the date the employee first worked for the District in any position.  A leave of absence does not change the employee’s seniority date.
 
Displacement Rights
 
Laid off employees shall have no right to displace any other employee.
 
Notice and Opportunity to be Heard
 
Prior to making a recommendation to the Board, the Superintendent will provide notice to each employee who would be affected by a recommendation for a reduction in force.  Notice will be provided by ordinary U.S. Mail postmarked at least two (2) weeks prior to the date on which the Superintendent submits his/her recommendation to the Board.
 
Prior to any decision by the Board, an employee who would be affected by a decision to make a reduction in force will be given an opportunity to be heard by the Board and may present information and argument to the Board in both written and oral form.  
 
The Board will provide at least two (2) weeks notice to the affected employee(s) prior to the effective date of the layoff.
 
Recall Procedure
 
All employees who are covered by this policy and who are on layoff status will be recalled before any new employee is hired in the affected job classification.  Recall shall be in reverse order of layoff with the most senior laid-off employee being recalled first.  Employees will be entitled to be recalled only to a vacancy in the position in which they were employed at the time of the layoff, and each employee will only be entitled to be recalled one time.  Laid off employees will have recall rights for six (6) months from the effective date of their layoff.
 
Laid-off employees shall keep the Superintendent advised of their current address.  Notice of recall shall be given by certified mail to employee at their current address.  If the employee fails to respond within fourteen (14) calendar days after the date of the mailing of the notice, the employee will be deemed to have refused the offer of recall.  A recalled employee must agree to report to work within fourteen (14) calendar days after acceptance of recall or his/her recall rights shall terminate.  Employees who are offered recall shall have only one opportunity to accept or reject a job offer by the District.
 
Benefits
 
The period of layoff, limited to the period during which an employee retains recall rights, shall not change the employee’s seniority date.
 
Upon recall from layoff, sick leave accumulation shall be restored to the employee at the same level as at the time of layoff.  For purposes of calculating an employee’s entitlement to sick leave and vacation benefits upon recall from layoff, the employee’s length of service shall be established at the same level as at the time of layoff.
 
Adoption: 02/14/02
   
Review: 07/09/09  11-11-13
 
Revision: 12/11/08  08/13/09
 
Cross References:
 
Legal References: 

403.10 Retirement Staff Member

F. C. SCHOOL BOARD POLICIES

Series 400 - Staff Personnel
 
Retirement Staff Member                       Code No 403.10
 
Employees who will complete their current contract with the board may apply for retirement.  No employee will be required to retire at a specific age.
 
Application for retirement will be considered made when the 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 an employee’s application for retirement is final and such action constitutes nonrenewal of the employee’s contract for the next school year.
 
Employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.
 
Employees and their spouse and dependents who have group insurance coverage through the school district may be allowed to continue coverage in the school district’s group health insurance program, at their own expense, by meeting the requirements of the insurer.
 
The Board of Directors shall reserve the right to re-employ retired personnel, on a year-to-year basis.
 
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.
 
 
 
Adoption:  4-14-86
                                 
Review: 4-11-94  02-14-02   5-08-08  11-11-13
                                                                
Revision: 6-12-08
                                                                                      
Cross References:
 
Legal References:  Iowa Code §§ 97B; 216; 279.46 (2007).  581 I.A.C. 21.  
1978 Op. Att’y Gen. 247;  1974 Op. Att’y Gen. 11,322.

403.11 Suspension and Dismissal

F. C.  SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Suspension and Dismissal Code No. 403.11
 
An employee charged with conduct that might be detrimental to the best interests of the school corporation may be suspended from duty, with or without pay, during the time that such charges are reviewed or tried, or for disciplinary reasons.  The superintendent is authorized to suspend an employee, and it shall be within the discretion of the superintendent to suspend an employee with or without pay.
 
Warnings, reprimands, or other disciplinary action will be in writing, communicated to the employee, and included in the employee’s personnel file.
 
In case of suspension, the principal, supervisor, or superintendent shall give oral and written notice of the reasons for the suspension, and the employee shall have an opportunity to respond to the reasons, before action is taken to suspend.  The superintendent shall review the reasons for the suspension, and any response by the employee, and make a determination whether there are reasonable grounds to believe the reasons are true and support the suspension.  The superintendent’s determination shall be in writing, given to the employee, and placed in the employee’s personnel file.
 
If such charges are found to be false or the employee is found not to be involved, the employee will return to duty immediately with entitlement to any pay not received during the suspension.
 
If such charges are substantiated or the employee is involved, then the employee may be considered for dismissal and, if suspended with pay, not entitled to pay beyond the effective date of dismissal.
 
Unless otherwise provided by law, employees of the District are employed on an at-will basis.  This means that either the employee or the District can terminate the employment relationship at any time, with or without notice, and for any reason which is not contrary to law or for no reason at all.
 
 
 
Adoption:  4/10/89
  
Review: 7/17/89  11-11-13
    
Revision: 4/11/94  02-14-02 12-11-08
 
Cross References:  
 
Legal References:  279.8; 279.27; 20.7(3)
 

403.11-R Dismissal Hearing

 

REGULATIONS
 
Series 400 - Staff Personnel
 
Dismissal Hearing Code No. 403.11-R
 
Employees who are not entitled by statute to be issued a contract of employment are employees at-will and may be terminated at any time, for any reason, and without advance notice, subject only to such procedures for termination as may be required by law or by due process.
 
An employee who is issued a contract under Iowa Code Chapter 279 may be discharged at any time during the contract year.  In addition to the power to suspend that is granted to the superintendent in Board Policy 403.11, the superintendent may suspend an employee pending hearing and determination by the Board as provided by Iowa Code Section 279.27.
 
 
 
Adoption:  4/10/89 
 
Review:     7/17/89 11-11-13
   
Revision    4/11/94 02-14-02   12-11-08
 
Cross References:
 
Legal References: 20.7(3); 279.15-279.20; 279.27

403.13 Staff Reduction: Administrators

F.C. SCHOOL BOARD  POLICIES
 
Series 400 Staff Personnel
 
STAFF REDUCTION :  (ADMINISTRATORS) Code No: 403.13
 
Decision To Reduce Force
 
A reduction in force is defined to mean the complete elimination of a position of employment.
 
The Board has the exclusive power to determine when a reduction in force of administrators is appropriate.  It shall be the responsibility of the Superintendent to make a recommendation to the Board concerning any reduction in force of administrators.  Regardless of or in the absence of a recommendation by the Superintendent, the Board may initiate a reduction in force of an administrator as it deems appropriate.
 
Decision to Reduce Hours of Work
 
A reduction in hours of work is defined to mean a decrease in the hours of work that an administrator is normally scheduled to perform.  
 
The Board has the exclusive power to reduce the hours of work of an administrator. It shall be the responsibility of the Superintendent to make a recommendation to the Board concerning any reduction in the hours of work of administrators.  Regardless of or in the absence of a recommendation by the Superintendent, the Board may initiate a reduction in hours of work of an administrator as it deems appropriate.
 
The decision to reduce the hours of work of an administrator may be made for any reason which is not in violation of the law.
 
Coverage
 
This policy applies to all full-time and part-time administrators who are employed in any one of the classifications listed below.  The policy applies to employees who are actively at work, to employees who are on leave of absence, and to employees who are neither actively at work nor on leave of absence but whose employment has not been terminated either voluntarily or involuntarily.
 
Classification
 
For purposes of staff reduction, employees will be classified by job classification as follows:
 
Superintendent
High School Principal
Middle School Principal
Elementary Principal
Assistant HS Principal / Activities Director
Assistant Principal Elementary
Curriculum Director 
 
 
Procedure
 
The Board shall first attempt to make staff reductions by attrition.  Attrition is defined to mean a voluntary separation from employment, and attrition shall be deemed to have occurred only when the Board has received and acted upon a resignation prior to the date on which the Board makes a motion to terminate or consider terminating an employee’s contract.  
 
If the reduction in force cannot be fully accomplished by attrition and if the Board decides to lay employees off, then, given the necessity to hire and/or maintain the most competent and qualified staff available in the interest of perpetuating the highest quality education program possible, the Superintendent shall make his/her recommendation and the Board shall base its decision regarding staff reduction on the relative competence (measured by formal evaluations), qualifications (determined by reference to the applicable job description), and work record (determined by reference to the employee’s work record, including, but not limited to, attendance, tardiness, and record of disciplinary action) of employees in the affected job classification.  If the Superintendent, in his/her judgment, determines that two or more employees are relatively equal with regard to competence, qualifications, and work record, then the recommendation of the Superintendent and the decision of the Board to reduce staff shall be made on the basis of seniority starting with the least senior employee in the affected job classification being laid off first.
 
Seniority
 
Seniority is defined as an employee’s continuous length of service with the School District and shall begin on the date the employee first worked for the District in any position.  A leave of absence does not change the employee’s seniority date.
 
Displacement Rights
 
Laid off employees shall have no right to displace any other employee.
 
Notice and Opportunity to be Heard
 
If an affected employees serves under a contract issued in accordance with Iowa Code Chapter 279, then the procedures provided by statute shall be followed in implementing the reduction in force.
 
For all other employees, the following procedure will apply:
 
Prior to making a recommendation to the Board, the Superintendent will provide notice to each employee who would be affected by a recommendation for a reduction in force.  Notice will be provided by ordinary U.S. Mail postmarked at least two (2) weeks prior to the date on which the Superintendent submits his/her recommendation to the Board.  If the Board initiates a reduction in force of an administrator on its own motion, then the Board will provide such notice.
 
Prior to any decision by the Board, an employee who would be affected by a decision to make a reduction in force will be given an opportunity to be heard by the Board and may present information and argument in both written and oral form.  
 
The Board will provide at least two (2) weeks notice to the affected employee(s) prior to the effective date of the layoff.
 
Recall Procedure
 
All employees who are covered by this policy and who are on layoff status will be recalled before any new employee is hired in the affected job classification.  Recall shall be in reverse order of layoff with the most senior laid-off employee being recalled first.  Employees will be entitled to be recalled only to a vacancy in the position in which they were employed at the time of the layoff, and each employee will only be entitled to be recalled one time.  Laid off employees will have recall rights for six (6) months from the effective date of their layoff.
 
Laid-off employees shall keep the Superintendent advised of their current address.  Notice of recall shall be given by certified mail to employee at their current address.  If the employee fails to respond within fourteen (14) calendar days after the date of the mailing of the notice, the employee will be deemed to have refused the offer of recall.  A recalled employee must agree to report to work within fourteen (14) calendar days after acceptance of recall or his/her recall rights shall terminate.  Employees who are offered recall shall have only one opportunity to accept or reject a job offer by the District.
 
Benefits
 
The period of layoff, limited to the period during which an employee retains recall rights, shall not change the employee’s seniority date.
 
Upon recall from layoff, sick leave accumulation shall be restored to the employee at the same level as at the time of layoff.  For purposes of calculating an employee’s entitlement to sick leave and vacation benefits upon recall from layoff, the employee’s length of service shall be established at the se level as at the time of layoff.
 
 
 
Adoption:  02/14/02
   
Review: 11-11-13
         
Revision: 12-11-08
     
Cross References: 
 
Legal References: 
 

403.14 Employee Records

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Employee Records Code No. 403.14
 
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.  However, employees 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 shall be the custodian of employee records.
 
It is the responsibility of the superintendent to develop administrative regulations for the implementation of this policy. 
 
 
 
 
Adoption: 02-10-05
 
Review: 05-08-08  7-9-12  11-11-13
 
Revision: 06-12-08
 
Cross Reference: 403 Employee Contracts
805 School District Records
 
Legal Reference:  Iowa Code chs. 20; 21; 22; 91B (1999).   Clymer v. City of Cedar Rapids, No. 209/97-1705 (Iowa 1999).   Des Moines Independent Community School District v. Des Moines Register and Tribune Company, 487 N.W. 2d 666 (Iowa 1992).   City of Dubuque  v. Telegraph Herald, Inc., 297 N.W.2d 523 (Iowa 1980).

403.14-R1 Employee Records Regulation

REGULATIONS
 
Series 400 - Staff Personnel
 
Employee Records Regulation Code No. 403.14-R1
 
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 shall be kept in a file separate from the employee's personnel records.  Health and medical records may contain, but are not limited to:
 
  • Medical professional signed physical form.
  • Sick or long-term disability leave days.
  • Worker's compensation claims.
  • Reasonable accommodation made by the school district to accommodate the employee's disability.
  • Employee's medical history.
  • Employee emergency names and numbers.
  • Family and medical leave request forms.
 
  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 positions the individual holds or has held with the government body;
  • The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual’s previous employers, positions previously held and dates of previous employment;
  • The fact that the individual was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, 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 Privacy Rights Act (FERPA.)
 
Applicant File Records Content
 
Records on applicants for positions with the school district shall be maintained in the central administration office.  The records shall include, but not be limited to:

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 shall have access to an employee's records without the written consent of the employee.  Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary.  In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical file without the consent of the employee.  Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of board business.
 
Confidential records include, but are not necessarily limited to, birth dates, addresses, gender, employment applications, performance evaluations and individual test scores.  
 
 
Employee Record Retention
 
All employee records, except payroll and salary records, shall be maintained for a minimum of seven years after termination of employment with the district.  Applicant records shall be maintained for minimum of seven years after the position was filled.  Payroll and salary records shall be maintained for a minimum of three years after payment.
 
 
 
Adoption:  02-10-05
 
Review:   05-08-08 7-9-12  11-11-13
 
Revision:

404 Leaves and Absences

404.1 Personal Illness & Family Emergencies/Illness Leave

F.C.  SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Personal Illness and Family Emergencies/Illness Leave - Professional Staff       Code No. 404.1
 
Professional staff members will be allowed sick leave for temporary disabilities as follows:
First year of employment 10 days
Second year of employment 11 days
Third year of employment 12 days
Fourth year of employment 13 days
Fifth year of employment 14 days
Sixth and subsequent years 15 days
 
Over and above first through sixth year, at board discretion, up to 20 days.
 
Beyond the fifth year of employment 15 days are granted cumulative to one hundred five (105) days.  The above amounts apply only to consecutive years of employment in the Forest City Community School District.  For all new hires after July 1, 2013 the granted cumulative leave will be ninety (90) days.
 
Sick leave benefits are restricted to accumulated sick leave days earned by the individual staff member.  Should the personal illness occur after or extend beyond the accumulated sick leave allowance the employee will be allowed a leave of absence without pay for the time period the employee is disabled (see Policy 404.6).
 
For the individual employee who has a pregnancy condition the individual employee may take up to eight (8) consecutive calendar weeks of Personal Illness Leave with pay (restricted to accumulated sick leave days earned by the individual staff member).  Any number of days used during the first eight (8) weeks not covered by accumulated sick leave may be covered by Family and Medical Leave without pay.  Beyond the original eight (8) weeks the same employee may take up to an additional four (4) weeks of Family and Medical Leave without pay.  The total combination of days taken must be consecutive days.  The weeks listed above will commence at birth.
 
The employee shall notify the superintendent or his designee as soon as the necessity for taking sick leave becomes known to the employee.  The employee may continue to work as long as he/she is physically able.
 
The employee, while taking sick leave under these provisions, shall keep the superintendent, or his designee, informed of the duration of the disability and the expected date of return to duty.  When deemed necessary the Board of Education may require a staff member to submit a statement from an attending physician as to the temporary disability.  The employee should return to work as soon as a physician determines the individual is capable of performing the work.  A signed release from your doctor listing any restrictions may be required by your supervisor before you may return to work after an extended sick leave.
 
The employee who is unable to work because of personal illness or temporary disability and who has exhausted all sick leave available shall be granted a leave of absence without pay for the duration of such illness or temporary disability through the end of the school year.  Insurance coverage shall be continued at the negotiated rate until the insurance policy anniversary date for employees who have exhausted all sick leave and have been placed on leave without pay.
 
Days may be deducted from accumulated sick leave for the employee to attend to the illness of a child or spouse.  When leave days are required due to the critical illness and/or bereavement of the death of a relative, sick leave days may be utilized.  Also, when the presence of a staff member is necessary to attend the funeral of a friend or act in the capacity of pall bearer, days missed may be used under this policy.
 
 
 
 
Adoption: 4/11/88  
      
Review:   7/17/89   05-05-08 5-13-13  11-11-13
 
Revision: 2/14/02 06-12-08 5-13-13
 
Cross References: 
 
Legal References: Iowa Code §279.40

404.1-R1 Extended Illness Leave

F.C.  SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
 
Personal Illness and Family Emergencies/Illness Leave - Support Staff Code No. 404.1R
 
Support staff members will be allowed sick leave for temporary disabilities as follows:
 
First year of employment 10 days
Second year of employment 11 days
Third year of employment 12 days
Fourth year of employment 13 days
Fifth year of employment 14 days
Sixth and subsequent years 15 days
 
Beyond the fifth year of employment 15 days are granted cumulative to ninety (90) days.  The above amounts apply only to consecutive years of employment in the Forest City Community School District.
 
Sick leave benefits are restricted to accumulated sick leave days earned by the individual staff member.  Should the personal illness occur after or extend beyond the accumulated sick leave allowance the employee will be allowed a leave of absence without pay for the time period the employee is disabled (see Policy 404.6).
 
For the individual employee who has a pregnancy condition the individual employee may take up to eight (8) consecutive calendar weeks of Personal Illness Leave with pay (restricted to accumulated sick leave days earned by the individual staff member).  Any number of days used during the first eight (8) weeks not covered by accumulated sick leave may be covered by Family and Medical Leave without pay.  Beyond the original eight (8) weeks the same employee may take up to an additional four (4) weeks of Family and Medical Leave without pay.  The total combination of days taken must be consecutive days.  The weeks listed above will commence at birth.
 
The employee shall notify the superintendent or his designee as soon as the necessity for taking sick leave becomes known to the employee.  The employee may continue to work as long as he/she is physically able.
 
The employee, while taking sick leave under these provisions, shall keep the superintendent, or his designee, informed of the duration of the disability and the expected date of return to duty.  When deemed necessary the Board of Education may require a staff member to submit a statement from an attending physician as to the temporary disability. The employee should return to work as soon as a physician determines the individual is capable of performing the work. A signed release from your doctor listing any restrictions may be required by your supervisor before you may return to work after sick leave.
 
Adoption:  4/11/88
   
Review: 7/17/89   05-05-08 11-11-13
 
Revision: 2/14/02 06-12-08
 
Cross References:
 
Legal References: Iowa Code §279.40

404.1-R2 Review Committee

REGULATIONS
 
Series 400 - Staff Personnel
 
 
Review Committee Code No. 404.1-R2
 
The Forest City School supports a work place environment which enhances a high trust, risk free relationship among and for all staff members.  To facilitate this philosophy each staff member should treat each absence in a professional, honest manner.
 
In the event an individual employee appears to be violating the intent of this policy, he or she may be referred by any concerned staff member to a Leave Review Committee.  For professional staff the committee will consist of two FCEA members from each building.  For support staff the committee will consist of one representative from each of the five support staff groups.
 
Following the hearing process the committee will recommend a remediation plan to the employee and his or her principal or support staff director.
 
Requests for additional sick leave according to paragraph one of Policy 404.1 should be made to the Leave Review Committee.  The recommendation of the committee should then be forwarded to the school board for final action.
 
This policy will be reviewed by the FCEA, the administrative team, and the school board following each fiscal year.
 
 
 
Adoption: 4-11-94
    
Review: 02-14-02   05-08-08  11-11-13
    
Revision:
                                   
Cross References:  404.1
 
Legal References:
 

404.2-R Family and Medical Leave

REGULATION
 
Series 400 - Staff Personnel
 
Family and Medical Leave Code No. 404.2-R
 
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. 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.
 
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.  A spouse or family member may give the notice if the employee is unable to personally give notice.
 
Eligible family and medical leave determination:
 
  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.
Twelve-month period:
 
The twelve-month period for leave will be the twelve (12) month period measured forward from the first day of leave.
 
 
 
 
Adoption:   4/11/94
       
Review:  7/17/89     12-11-08 11-11-13
 
Revision: 02/14/02
 
Cross References:
 
Legal References: 29 U.S.C. §§2601-2654
 

404.2 Family and Medical Leave

 
F.C.  SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Family and Medical Leave Code No. 404.2
 
Unpaid family and medical leave will be granted up to twelve (12) weeks in a twelve-month period to assist employees in balancing family and work life.  Requests shall be made to the building principal or support staff director and approved by the superintendent.  The twelve-month period for leave will be the twelve (12) month period measured forward from the first day of leave.
 
If unpaid family and medical leave is used in conjunction with paid leave, the maximum length of any combination is twelve (12) weeks.  An employee who finds it necessary to extend the time beyond twelve (12) weeks is required to apply for a Leave of Absence (Policy 404.10).
 
 
Adoption:  4/11/94
   
Review:   02/14/02    12-11-08  4-8-13 11-11-13
 
Revision:
 
Cross References:  
 
Legal References: 29 U.S.C. §§2601-2654

404.2-E FMLA U.S. Department of Labor

Please see attatched file for FMLA from U.S. Department of Labor/Wage and Hour Division
 
Review: 4-8-13  11-11-13
Revision: 4-8-13

Uploaded Files: 

404.2-R Family and Medial Leave

 
REGULATION
 
Series 400 - Staff Personnel
 
Family and Medical Leave Code No. 404.2-R
 
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. 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.
 
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.  A spouse or family member may give the notice if the employee is unable to personally give notice.
 
Eligible family and medical leave determination:
 
  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.
 
Twelve-month period:
 
The twelve-month period for leave will be the twelve (12) month period measured forward from the first day of leave.
 
 
 
Adoption: 4/11/94
     
Review: 7/17/89      12-11-08  4-8-13  11-11-13
 
Revision:  02/14/02
 
Cross References:
   
Legal References: 29 U.S.C. §§2601-2654

404.3 Personal Leave

F. C.  SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Personal Leave Code No. 404.3
 
Professional Staff:
 
Two days of personal leave per school year will be granted for professional staff members.  Notification will be submitted to the superintendent through the building principal.  The administration may limit the number of employees leaving on the same day to the number of available substitutes.
 
The cost of the substitute for the two days taken will be borne by the school district. 
 
NOTE:  Approval of Personal Leave request is based on the assumption that you’re the employee’s personal business is of a nature that cannot be done outside the school day.  Though a reason is not required on the form, the Board trusts that certified personnel will follow this guideline.
 
 
Support Staff:
 
Support personnel are allowed one day of personal leave per year to attend to matters of a personal nature, subject to operation requirements.  Requests are to be submitted to the superintendent through the building principal or support staff director.
 
Employees who do not use their full entitlement of days during the year will automatically be paid out at the prevailing hourly rates in June. 
 
 
 
 
Adoption:   4/14/86
   
Review       7/17/89    02/14/02  6-12-08 12-9-13
 
Revision     4/11/94    3/10/97   7-10-08
 
Cross References: 
 
Legal References:   Iowa Code §§1C.1-.2,4.1(34); 20.9  (2007)

404.3-R1 Personal Leave

REGULATION

Series 400 - Staff Personnel
 
Personal Leave Code No 404.3-R1
 
In the event of suspected misuse of the policy the leave review committee will review the situation and refer it to the principal and/or superintendent who will meet with the employee to inform them of the allegations of misuse.  The employee will have the opportunity to explain their position on the allegations.  The administrator will then make a final determination as to if misuse actually occurred.  If so, the staff member will be docked one day's pay.
 
 
 
Adoption:  3-10-97
                                   
Review:  02-14-02    06-12-08  12-9-13
                                                                  
Revision:
                                                                                                       
Cross References: 
 
Legal References: 

404.4 Jury Duty

F. C.  SCHOOL BOARD POLICIES

Series 400 - Staff Personnel
 
Jury Duty Leave Code No. 404.4
 
The Board will allow employees to be excused for jury duty unless extraordinary circumstances exist.  The superintendent has the discretion to determine when extraordinary circumstances exist.
 
Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.
 
Licensed employees will receive their regular salary.  Any payment for jury duty will be paid to the school district.
 
 
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.
 
 
 
 
Adoption:  6/24/75
       
Review: 4/11/94     02/14/02   6-12-08  12-9-13
 
Revision: 7-10-08
   
Cross References: 404.6  Leave of Absence
 
Legal References: Iowa Code §§ 20.9; 607A (2007).
 

404.5 Professional Leave

F. C. SCHOOL BOARD POLICIES

Series 400 - Staff Personnel
 
Professional Leave                                   Code No. 404.5
 
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 30 days prior to the meeting or conference.
 
It is within the discretion of the superintendent or designee 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.
 
 
 
 
 
Adoption:  6-24-75
                                 
Review: 7-17-89    02-14-02  06-12-08 12-9-13
    
Revision: 3-14-94    07-10-08
                                                                   
Cross References:  803.9  Travel Allowance 
 
Legal References:  Iowa Code §§ 279.8 (2007)  281. I.A.C. 12.7
 

404.6 Leave of Absence

F. C. SCHOOL BOARD POLICIES

Series 400 - Staff Personnel
 
Leave of Absence                                      Code No. 404.6
 
The Board of Directors may grant a leave of absence to teachers without pay providing the following stipulations are adhered to:
 
  1. Written requests for leaves, stating reasons and duration, are to be submitted to the board.
  2. Only one trimester, two trimesters, one full school year or two full school years leave requests will be considered (with the exception of No. 9  stated below).
  3. Two-year leaves of absence will be considered only for teachers planning to teach abroad.  In the event said teacher's situation changes and he/she plans to return following one-year absence, written notice of this intent must be received by the board on or before March 1 prior to the contract year.
  4. To qualify for a first leave of absence a teacher must have five or more years of experience in the Forest City Schools before consideration will be given.
  5. One leave of absence will be granted during each ten year period of employment.  A leave of absence does not constitute a portion of the succeeding ten year period of consecutive employment.  The second leave of absence may not be taken until ten consecutive years of employment have elapsed since the first leave of absence.
  6. Full year, two year, and first trimester applications must be submitted on or before the deadline for returning contracts for the ensuing school year (April 15 or 21 days following issuance).  Leave requests for second trimester only must be submitted on or before the Regular October Board Meeting.
  7. Final approval will not be granted until a suitable, temporary replacement is contracted.
  8. Upon return the board agrees to reemploy said teacher in the same position or, if that position has been abolished, a position assigned by the Board.  Salary schedule placement will not be interrupted.
  9. In cases involving illness, the above guidelines may be waived by the board.
 
 
Adoption  4-10-89
                               
Review    7-17-89  02-14-02  06-12-08 12-9-13
 
Revision 4-11-94
                                 
Cross References:
 
Legal References:  Chapter 20 Section 91B.1; 279.12
 

404.7 Absence Without Pay

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Absence Without Pay                                  Code No. 404.7
 
Absence without pay may be authorized by the superintendent and principal for purposes considered urgent, necessary, or unique.  For such absences, deductions from the employee's salary will be made in accordance with the school district's pay deduction regulations.
 
An involuntary absence where prior notice was not possible may be excused by the superintendent.  The employee shall make application as soon as possible to request approval for such absence. 
 
Other absences than those herein provided for, or failure to follow the foregoing regulations, may be deemed to be neglect of duty and may be sufficient grounds for dismissal.
 
 
 
Adoption: 4-10-89
                                   
Review: 7-17-89   02-14-02  06-12-08  12-9-13
 
Revision:  4-11-94
                                                                                      
Cross References:
 
Legal References:  Chapter 20 Section 91B.1; 279.12

404.7-R Absence Without Pay (Vacation Travel) Professional Staff

REGULATIONS
 
Series 400 - Staff Personnel
 
Absence Without Pay (Vacation Travel) Staff     Code No. 404.7-R
 
The superintendent may approve an absence of 1 to 5 days for an unusual opportunity for vacation travel if the following criteria are met:
 
  1. Must have completed a minimum of three (3) years of teaching experience in the Forest City Schools.
  2. Requests will be allowed for up to a maximum of 5 days per five year period.  The number of days utilized may range from one to five for any one request; however, regardless of the number of days requested, no more than two requests per five year period may be approved.
  3. Part-time employees may apply for "like" days if all other criteria have been met (i.e. up to five one-half days by a staff member currently teaching one-half time).
  4. Personal leave must be utilized in conjunction with or to extend an approved Absence Without Pay leave.
  5. Requests will be submitted to the superintendent through the building principal or supervisor.
  6. Violation will be handled according to Paragraph Three, Policy 404.7.
 
 
Adoption 11-14-88
                               
Review    7-17-89  02-14-02  6-12-08  12-9-13  12-8-14
                                                  
Revision  3-11-91   4-11-94     7-10-08
                                                 
Cross References:
 
Legal References:

404.8 Vacations

F. C.  SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Vacations Code No. 404.8
 
New employees will not receive vacation during the first 90 days of employment or re-employment. Eligible employees will receive, after completing 90 days of service, a pro-rated amount of vacation hours based upon the number of months remaining in the contract.
Starting with the eighth year of employment one additional day of vacation will be added each year for ten years for a total of 20 vacation days (see schedule below). Part-time support staff will be granted one-half (1/2) day of vacation for each month of completed service. 
 
The superintendent of schools shall establish a vacation schedule for all support staff employees of the district.
 
Vacation time may not be carried over from one year to the next and, except in cases of emergency, employees may not be employed for extra wages during vacation periods.
 
Additional vacation time may be granted at the discretion of the Board of Education for full-time (12 month) employees upon recommendation by the superintendent of schools.
 
VACATION DAYS SCHEDULE
 
Employment Years                                  Number of Vacation Days
 First Pro-rated after Ninety Days Probation                           10
 Second through Seventh                                                       10
               Eighth                                                                      11
               Ninth                                                                        12
               Tenth                                                                       13
               Eleventh                                                                   14
               Twelfth                                                                     15
               Thirteenth                                                                16
               Fourteenth                                                               17
               Fifteenth                                                                   18
               Sixteenth                                                                  19
               Seventeenth                                                             20
 
Upon termination of employment, employees will be paid for vacation days which have been credited but which have not been used as of the date of termination.  No payment will be made for accrued vacation days.
 
 
 
Adoption: 4/10/89
 
Review: 7/17/89    4/11/94   06-12/08 12-9-13  9-8-14
 
Revision: 02/14/02
 
Cross References:
 
Legal References: Iowa Code §279.8 

404.8-R Vacation/Holiday Schedule

REGULATIONS

Series 400-Staff Personnel

Vacation/Holiday Schedule                                                          Code No. 404.8-R

 

Professional staff members will be issued contracts for duration of 190 days.  in addition to the 190 days, seven days will be designated as holidays.

 

Professional staff members with contracts less than twelve months are not eligible for vacation leave during the 190-day contract period.  (See 404.7-R for exception.)

 

Adoption: 4/10/89

Review:  4/11/94  02/14/02  06/12/08  12/09/13

Revision:

Legal References:

404.9 Substitutes and Replacements for Professional Personnel

F. C.  SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Substitutes and Replacements for Professional Personnel Code No. 404.9
 
Definition:
  1. A substitute teacher serves on a temporary basis (generally less than 35 consecutive school days in the same position) in the school district.
  2. A replacement teacher serves on a contracted basis for a period of time generally in excess of 35 consecutive school days in the same position and is treated the same as a teacher new in the district.
 
Substitute Teachers:
 
The Board of Directors believes that the role of the substitute teacher is highly important for maintaining continuity in teaching and learning.  An effective program for selecting and assigning all substitute teachers and for evaluating their performance will be established by the professional staff under the direction of the superintendent.
 
Whenever possible, a substitute teacher will be a person who is employed in the absence of the regular teacher and who possesses knowledge in the area of assignment and demonstrated successes in teaching.
 
A substitute employed 10 or more consecutive days in the same position will be considered to be a long-term substitute.  The designation will be in effect on the eleventh consecutive day and thereafter in the same position.  “Eleven or more days” is defined as days in which school actually was in session.
 
Regular substitutes (10 consecutive days or less in the same position) will be paid on the basis of .0030 of the BA base of the salary schedule.  Long-term substitutes (11 consecutive days plus in the same position) will receive the per diem salary rate equivalent to Step 1 of the BA degree lane starting with the eleventh consecutive day (not retroactive to day one).
 
Substitute teachers will not participate in the health and welfare plans or other fringe benefits of the school system.
 
A replacement teacher may be contracted to serve in the place of a regular teacher who anticipates a prolonged absence due to a temporary disability or other reason.  Replacement teachers (certified in the area in which he/she is teaching) will be compensated on a per diem basis commensurate with his/her training and experience up to Step 5 on the salary schedule beginning on the school date that the district receives official notification of an employee’s intent to be placed on temporary disability or leave.  The superintendent will have discretion to determine the specific date of placement on the salary schedule in the employment of any replacement teacher.
 
 
Adoption: 4/10/89
    
Review:  7/17/89  10-26-06 07-10-08 1-14-14
 
Revision:  4/11/94   02/14/02
 
Cross References:
 
Legal References:  Iowa Code §§ 20.1; 20.7

404.10 Substitutes for Support Personnel

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Substitutes for Support Personnel                     Code No. 404.10
 
Personnel serving on a substitute or temporary basis in the school district shall meet the requirements of the particular position.  Every effort shall be made to fill temporary positions with substitutes who have preparations equal to that of the regular contract personnel.  In the event such persons are not available, employment of personnel is authorized on a purely substitute or temporary basis.
 
The board shall approve the pay rate for substitute employees.
 
 
 
 
Adoption: 6-24-75
                                 
Review: 4-11-94  02-14-02 07-10-08 1-14-14
                                                  
Revision:
                                                                                                         
Cross References:
 
Legal References:

404.11 Adoption Leave

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Adoption Leave Code No. 404.11
 
An employee may be granted a paid leave of absence, not to exceed a total of twenty -one (21) consecutive calendar days, in the case of the employee adopting a child or children.  Such paid leave days shall be charged to the employee’s accrued sick leave.
 
If both husband and wife are employees, each shall have the opportunity to use this policy.  
 
Employees who are eligible for unpaid leave for the adoption of a child under the provisions of the Family and Medical Leave Act will granted leave in accordance with the FMLA and Board policy.  If both a husband and a wife are eligible for family and medical leave and are employed by the District, such leave for adoption will be limited to a combined total of twelve (12) weeks during a twelve-month period. 
 
 
 
 
Adoption:  3/10/97
   
Review:     02/14/02  07-10-08  1-14-14
 
Revision:
  
Cross References:
 
Legal References:  29 U.S.C. §§2601-2654; 29 C.F.R. §825.202
 

404.12 Classified Employee Military Service Leave

 F. C.  SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Classified Employee Military Service Leave Code No. 404.12
 
The Board recognizes classified employees may be called to participate in the armed forced, 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 of efficiency rating, and without loss of pay during the first thirty calendar days of the leave.
 
 
Note:  This policy reflects Iowa law.
 
 
 
 
Adoption: 7-10-08
   
Review: 404.6 Leave of Absence   1-14-14
 
Revision:  
   
Cross References:
 
Legal References:   Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).  
Iowa Code §§ 20; 29A.28  (2007).

404.13 Licensed Employee Political Leave

F. C.  SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Licensed Employee Political Leave Code No. 404.13
 
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.
 
 
 
Adoption:   7-10-08
 
Review: 1-14-14
       
Revision:
    
Cross References: 404.6  Leave of absence
   
Legal References:   Iowa Code ch.55 (2007).
 

405 Assessment and Growth

405.1 Professional Development

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Professional Development                               Code No. 405.1
 
The board encourages all personnel to participate in growth and development activities in order to maintain, develop, and extend their skills.
 
The board shall maintain and support a staff development program for all personnel.  As part of this program, the board shall establish, through annual budget expenditures, a collection of library and media materials to be used by staff.
 
Requests for attendance or participation in a development program, other than those programs sponsored by the school district, will be made to the superintendent through the building principal or support staff director.  Approval of the superintendent must be obtained prior to attending and participating.
 
The superintendent or designee will have the discretion to allow or disallow out of district participation requests.  When making this determination, consideration will be given to the value of the program for the employee and the school district, the effect of the employee's absence on the education program and school district operations, and the school district's budget. 
 
All staff members, support and professional, are considered to be members of the total educational team with the shared responsibility for improving education for every student in the Forest City School District.
 
 
 
Adoption: 4-10-89
                                   
Review: 7-17-89    02-14-02    07-10-08  1-14-14
                                                      
Revision: 4-11-94
                                                                                    
Cross References: Code  601.2
 
Legal References:  279.8; AC 670-3.7; 281-12.7

405.2 Staff Development: Professional Personnel

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Staff Development:  Professional Personnel                 Code No. 405.2
 
Assessment of professional personnel on their skills, abilities, and professional growth shall be an ongoing process supervised by the building principals. The major goal shall be to improve the total educational program. 
 
The Forest City Program and Staff Development Model lists the assessment criteria for teachers.  Teachers new to Forest City Schools will receive two professional assessments during their first year in the system.  All assessments are to be completed by the building principal and will be based upon the institutional expectations criteria.  All experienced (non-probationary) teachers will be in the Professional Growth Mode. Appropriate professional growth plans mutually agreed upon by the teacher and building principal will be developed annually.  As long as the teachers' professional performance consistently meets or exceeds the institutional expectations he/she will remain on the Professional Growth Mode.
 
If a building principal determines that a teacher is not performing at the institutional expectations level, then the steps outlined in the Program/Staff Development Model will be followed.
 
 
 
 
Adoption    4-10-89
                                 
Review       7-17-89   02-14-02   07-10-08  1-14-14
                                                              
Revision     4-11-94
                                                                                    
Cross References:
 
Legal References:  20.9; 260.33; 279.19; AC 281-12.3(4) 

405.3 classified Employee Evaluation

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Classified Employee Evaluation  Code No. 405.3
 
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 bi-annually.  New and probationary classified employees are formally evaluated at least twice a year.
 
 
 
 
Adoption:  4-10-89
                                 
Review:  02-14-02  7-10-08  1-14-14
         
Revision;    04-11-94    8-14-08   09-09-10
 
Cross References:401.2-R3  Recruitment & Selection: Support Personnel: 401.2-R4  Qualification: Support Personnel
 
Legal References:  Iowa Code §§ 20.9; 279.14 (2007).  281 I.A.C 12.3(4).
 

405.4 Student Teaching and Internships

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Student Teaching and Internships                       Code No. 405.4
 
The board, recognizing its responsibility to improve the quality of teacher training and the contributions student teachers can make to the Forest City Schools, encourages and authorizes the superintendent to arrange for the supervision and training of a reasonable number of such teachers in the district schools each year.
 
The importance of the teacher training function to the future of education and the need to ensure high quality performance in our schools require that student teachers be placed with experienced teachers of demonstrated competence.  While no staff member of the Forest City schools will be required to supervise practice teachers, it is felt that professionally interested teachers will volunteer to do so from time to time.  Teachers new to the district and those having three years or less of teaching experience normally will not be asked to undertake such responsibilities.
 
Recognizing the special skills and expertise of the teacher training institutions and their staff, the board authorizes the superintendent to honor reasonable rules, regulations, and training guidelines of the institutions.
 
The teacher training institution will be expected to provide liaison personnel who will discuss with the building principal and with the teacher to whom the student is assigned the broad objectives that the institution believes should be sought for the student.  Such personnel will be free to visit the classrooms to observe the practice teacher at work.  It is expected that the teacher training institution will arrange the schedule of the student teacher to provide sufficient time in the classroom in order that continuity of experience for the practice teacher and the pupils is insured.
 
Student teachers are required to demonstrate competency in the following areas prior to completing an internship with the Forest City Schools:
 
-  Team teaching
-  Cooperative learning
-  Three additional teaching strategies
-  Curriculum/program modification techniques
 
The building principal will assist the supervising teacher, along with the coordinator, in assessing each student teacher.
 
 
Adoption: 4-10-89
                                   
Review:  4-11-94   02-14-02  7-10-08 1-14-14
 
Revision: 
  
Cross References:
 
Legal References:  260.27; 262.30; Ac 19.15(3)(257)
 

405.5 Exchange Teachers

F. C. SCHOOL BOARD POLICIES

Series 400 - Staff Personnel
 
Exchange Teachers                                     Code 405.5
 
For the purposes of securing knowledge of educational methods in other school districts, either inside or outside of the United States, and for promoting international goodwill, the Board of Directors may contract with another board or other educational authorities for the exchange of teaching services.
 
Any such request shall be judged by the superintendent upon its merits, namely, what benefits may be derived through such an exchange.
 
 
 
Adoption:   6-24-75
                                   
Review:  4-11-94     02-14-02   7-10-08  1-14-14
                                                     
Revision:
                                                                                                       
Cross References: Code 404.8
  
Legal References:  20.9; 28E 

406 Employee Responsibilities

406.1 Child Abuse Reporting

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel 
 
Child Abuse Reporting Code No. 406.1 
 
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. The definition of child abuse is in the accompanying regulation. 
 
When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter will orally or in writing notify the Iowa Department of Human Services. If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency will also be notified. Within forty-eight 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 and the accompanying regulation reflect the current status of Iowa law regarding child abuse reporting. 
 
 
 
 
 
Adoption: 4-14-86
                                 
Review: 02-14-02    08-14-08  2-10-14
                                                        
Revision: 09-10-90    07-16-07
                                                                    
Cross References: 504
 
Legal References:  232.68; 232.69; 232.70; 232.71(6)
 

406.1-R1 Child Abuse Reporting Regulation

REGULATIONS

Series 400 - Staff Personnel
 
Child Abuse Reporting Regulation Code No. 406.1-R1 
 
Iowa law requires licensed employees to report to the Iowa Department of Human Services (DHS) instances of suspected child abuse which they become aware of within the scope of their professional duties. 
The law further specifies that a licensed employee who knowingly or wilfully fails to report a suspected case of child abuse is guilty of a simple misdemeanor and that the licensed employee may be subject to civil liability for damages caused by the failure to report. 
Employees participating in good faith in the making of a report or in a judicial proceeding that may result from the report, are immune from liability. 
Child Abuse Defined 
"Child abuse" is defined as: 
  • Any non-accidental physical injury, or injury which is at variance with the history given of it, suffered by a child as the result of the acts or omissions of a person responsible for the care of the child. 
  • The commission of a sexual offense with or to a child ... as a result of the acts or omissions of the person responsible for the child.   Sexual offense includes sexual abuse, incest, and sexual exploitation of a minor. 
  • The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing or other care necessary for the child's welfare when financially able to do so or when offered financial or other reasonable means to do so. A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone will not be considered abusing the child. 
  • The acts or omissions of a person responsible for the care of a child which allow, permit or encourage the child to engage in acts prohibited pursuant to Iowa Code, section 725.1 which deals with prostitution. 
  • Any mental injury to a child's intellectual or psychological capacities evidenced by an observable and substantial impairment in the child's ability to function within the child's normal range of performance and behavior as the result of the acts or omissions of a person responsible for the care of the child, if the impairment is diagnosed by a licensed physician or qualified mental health professional. 
  • An illegal drug is present in a child's body as a direct and foreseeable consequence of the acts of omissions of the person responsible for the care of the child. 
  • The person responsible for the care of a child has, in the presence of the child, as defined in section 232.2, subsection 6, paragraph "p", manufactured a dangerous substance, as defined in section 232, subsection 6, paragraph "p", or in the presence of the child possesses a product containing ephedrine or its salts, optical isomers or its salts, pseudoephedrine or its salts, with the intent to use the product as a precursor or an intermediary to a dangerous substance. 
  • The commission of bestiality in the presence of a minor under section 717C.l by a person who resides in a home with a child, as a result of the acts of omissions of a person responsible for the care of the child. 
Teachers in public schools are not "persons responsible for the care of the child" under this definition. 
 
Reporting Procedures 
 
Licensed employees, including teachers and school nurses, are required to report orally, within twenty-four hours to the Iowa Department of Human Services (DHS) when the employee reasonably believes a child has suffered from abuse within the scope of employment. Within forty-eight hours of an oral report, a written report must be filed with DHS. 
Each report should contain as much of the following information as can be obtained within the time limit. However, the law specifies a report will be considered valid even if it does not contain all of the following information: 
  • name, age, and home address of the child; 
  • name and home address of the parents, guardians or other persons believed to be responsible for the care of the child; 
  • the child's present whereabouts if not the same as the parent's or other person's home address; 
  • description of injuries, including evidence of previous injuries;
  • name, age, and condition of other children in the same home; 
  • any other information considered helpful; and, 
  • name and address of the person making the report. 
Board policy states it is not the responsibility of employees to prove that a child has been abused or neglected. Employees should not take it upon themselves to investigate the case or contact the family of the child. DHS is responsible for investigating the incident of alleged abuse. 

406.2 Abuse of Students by School District Employees

 

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel 
 
Abuse Of Students By School District Employees Code No. 406.2 
 
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 and its accompanying regulation and exhibits are a reflection of current Iowa law regarding abuse of students by school district employees. The last sentence of the third paragraph is mandatory in the law and is an item in the DE accreditation report. 
 
 
Adoption   04-14-86 Cross Reference: 
Review 02-14-02    08-14-08 2-10-14     106 Bullying/Harassment 
Revision 09-10-90    07-16-07 402.2 Child Abuse Reporting 
  503.5 Corporal Punishment
 
 
 
Legal Reference: Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1) (2007). 
281 I.A.C. 12.3(6), 102; 103. 441 lA.C. 155; 175.  1980 Op. Att'y Gen. 275. 
 

406.2-E1 Complaint of Injury or Abuse of a Student by School District Employee

EXHIBIT
 
Code No.  406.2-E1
 
ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES
 
Complaint of Injury to or Abuse of a Student by a School District Employee
 
Please complete the following as fully as possible.  If you need assistance, contact the Level I investigator in your school.
 
Student's name and address:                                                                                                                                                                                                                                                
Student's telephone no.:
 
Student's school:
 
Accused employee’s name and place of employment:
                                                                                                                                       
                                                                                                                                     
 
Allegation is of                         physical abuse                      sexual abuse*
                                                                                               
 
Please describe what happened.  Include the date, time and where the incident took place, if known.  If physical abuse is alleged, also state the nature of the student's injury:
                                                                                                                                          
                                                                                                                                        
                                                                                                                                        
                                                                                                                                       
 
Were there any witnesses to the incident or are there students or persons who may have information about this incident?                   yes                       no
 
If yes, please list by name, if known, or classification (for example "third grade class," "fourth period geometry class"):
                                                                                                                                           
 
*Parents of children who are in pre-kindergarten through sixth grade and whose children are the alleged victims of or witnesses to sexual abuse have the right to see and hear any interviews of their children in this investigation.  Please indicate "yes" if the parent/guardian wishes to exercise this right:
 
                Yes                         No      Telephone Number                                                                             
 
 
Has any professional person examined or treated the student as a result of the incident? 
             yes             no                  unknown
 
If yes, please provide the name and address of the professional(s) and the date(s) of examination or treatment, if known 
                                                                                                                                          
                                                                                                                                         
 
 
Has anyone contacted law enforcement about this incident?            yes            no
 
Please provide any additional information you have which would be helpful to the investigator.  Attach additional pages if needed. 
                                                                                                                                          
                                                                                                                                        
                                                                                                                                                            
                                                                                                                                       
                                                                                                                                      
 
Your name, address and telephone number:
                                                                                                                                     
                                                                                                                                                                                  
 
Relationship to student:
 
                                                                                                                                                          
       Complainant Signature                                   Witness Signature
 
                                                                                                                                                                      
                 Date                                                   Witness Name (please print)
 
                                                                                                                                                                               
                                                                             Witness Address
 
Be advised that you have the right to contact the police or sheriff's office, the county attorney, a private attorney, or the State Board of Educational Examiners (if the accused is a licensed employee) for investigation of this incident.  The filing of this report does not deny you that opportunity.  
 
You will receive a copy of this report (if you are the named student's parent or guardian) and a copy of the Investigator's Report within fifteen calendar days of filing this report unless the investigation is turned over to law enforcement.

406.2-E2 Report of Level I Investigation

ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES
 
REPORT OF LEVEL I INVESTIGATION
 
 
Student's name:                                                                                                          
 
Student's age:                             Student's grade:                                                      
 
Student's address:                                                                                                      
 
Student's school:                                                                                                          
 
Name of accused school employee:                                       Building:                        
 
Name and address of person filing report:                                                                   
                                                                                                                                    
 
Name and address of student's parent or guardian, if different from person filing report:
                                                                                                                                    
 
Date report of abuse was filed:                                                                                    
 
Allegation is of physical abuse sexual abuse*
 
Describe the nature, extent and cause of the student's injury, if any and if known:    (Attach additional pages if needed).                                                                              
                                                                                                                                      
                                                                                                                                      
                                                                                                                                      
                                                                                                                                      
                                                                                                                                       
 
Describe your investigation:  Attach additional pages if needed.  (Please do not use student witnesses' full names.)                                                                                      
                                                                                                                                       
                                                                                                                                      
                                                                                                                                      
                                                                                                                                       
 
*Were parent(s) or guardian(s) advised of their right to see and hear any interview of their pre-kindergarten through sixth grade children who are alleged victims of or a witness in a sexual abuse investigation?            Yes                No        
 
Was the right exercised?               Yes                 No
 
Were audiotapes made of any interviews?                 yes                     no
 
Were videotapes made of any interviews?                    yes                   no
 
Was any action taken to protect the student during or as a result of the investigation?
            yes                      no
 
If yes, describe:
 
            student excused from school                      school employee placed on  leave
            student assigned to different class             other (please specify)
 
 
Level I investigator's conclusions:
 
          The complaint is being dismissed for lack of jurisdiction.
 
             Physical abuse was alleged, but no allegation of injury was made.
 
               Physical abuse was alleged, but no evidence of physical injury exists and the nature of the alleged incident makes it unlikely an injury, as defined in the rules, occurred.
 
             Sexual abuse was alleged, but the alleged actions of the school employee, even if true, would not meet the definition of sexual abuse in the rules.
 
            Alleged victim was not a student at the time of the incident.
 
            Alleged school employee is not currently employed by this school district.
 
            Alleged incident did not occur on school grounds, on school time, at a school-sponsored activity, nor in a school-related context.
 
               The complaint has been investigated and concluded at Level I     as unfounded.
 
           Complaint was withdrawn.
 
           Insufficient evidence exists that an incident of abuse, as defined in the rules, took place.

 

406.2-R1 Abuse of Students by School district Employees Regulation

REGULATIONS
 
Series 400 - Staff Personnel
 
Abuse Of Students By School District Employees Regulation Code No. 406.2-R1 
 
An individual who has knowledge an employee has physically or sexually abused a student may immediately report it to                                   who is the school district's Level I investigator. "Employee" means one who works for pay or as a volunteer under the direction and control of the school district. The report is written, signed and witnessed by a person of majority age. The witness may be the Level I investigator. The reporter is the individual filing the report. The report will contain the following: 
  • The full name, address, and telephone number of the person filing. 
  • The full name, age, address, and telephone number, and attendance center of the student. 
  • The name and place of employment of the employee who allegedly committed the abuse. 
  • A concise statement of the facts surrounding the incident, including date, time, and place of occurrence, if known. 
  • A list of possible witnesses by name, if known. 
  • Names and locations of persons who examined, counseled or treated the student for the alleged abuse, including the dates on which those services were provided, if known. 
Upon request, the Level I investigator may assist the reporter in completing the report. An incomplete report will not be rejected unless the missing information would render the investigation futile or impossible. An employee receiving a report of alleged abuse of a student by an employee will pass the report to the investigator and will keep the report confidential to the maximum extent possible. In performing the investigation, the investigator will have access to the educational records of the alleged student victim as well as access to the student for interviewing purposes. 
 
In order for the school district to have jurisdiction over the acts and to constitute a violation of the law, acts of the employee must be alleged to have occurred on school grounds, on school time, at a school-sponsored activity, or in a school-related context. However, the student need not be a student in the school district. The student can be from another school district. To be investigable, the written report must include basic information showing that the victim of the alleged abuse is or was a student at the time of the incident, that the alleged act of the employee resulted in injury or otherwise meets the definition of abuse in these rules, and that the person responsible for the act is currently an employee. If the report is not investigable due to lack of jurisdiction, the investigator will dismiss the complaint and inform the reporter of other options available. Other options available to the reporter include contacting law enforcement authorities, private counsel, or the Board of Educational Examiners in the case of a licensed employee. 
 
If the Level I investigator believes the student is in imminent danger if continued contact is permitted between the employee and the student, the Level I investigator may: 
  • temporarily remove the student from contact with the employee;
  • temporarily remove the employee from service; or, 
  • take other appropriate action to ensure the student's safety. 
The Level I investigator will have access to the educational records of the student and access to the student for purposes of interviewing the student about the report. 
 
Physical Abuse Allegations
 
When physical abuse is reported, the Level I investigator will make copies of the report and give a copy to the person filing the report, the students' parents and the immediate supervisor of the employee named in the report. The employee named in the report will not receive a copy of the report until the employee is initially interviewed. 
 
The Level I investigator will use discretion in handling the information received regarding an investigation of abuse by an employee, and those persons involved in the investigation will not discuss information regarding the complaint outside the investigation. The entire investigative procedure will be thoroughly explained, including the confidential nature of the proceedings, to the student and other persons involved in the investigation. 
 
Within five days of receipt of an investigable report, the Level I investigator will complete an informal investigation. The informal investigation will consist of interviews with the student, the employee and others who may have knowledge of the alleged incident. If the Level I investigator determines that the allegations in the report are founded and that immediate and professional investigation is necessary, the Level I investigator may defer further investigation and contact appropriate law enforcement officials, the student's parents and the person filing the report. Within fifteen days of receipt of the report, the Level I investigator will complete a written investigative report, unless the investigation was temporarily deferred. 
 
The written investigative report will include: 
  1. The name, age, address and attendance center of the student named in the report. 
  2. The name and address of the student's parent or guardian and the name and address of the person filing the report, if different from the student's parent or guardian. 
  3. The name and work address of the employee named in the report as allegedly responsible for the abuse of the student. 
  4. An identification of the nature, extent and cause, if known, of any injuries or abuse to the student named 
  5. in the report. 
  6. A general review of the investigation.  Any actions taken for the protection and safety of the student. 
  7. A statement that, in the investigator's opinion, the allegations in the report are either: 
  8. Unfounded. (It is not likely that an incident, as defined in these rules, took place), or • Founded. (It is likely that an incident took place.) 
  9. The disposition or current status of the investigation.  A listing of the options available to the parents or guardian of the student to pursue the allegations. These options include, but are not limited to: 
a. Contacting law enforcement officials. 
  • Contacting private counsel for the purpose of filing a civil suit or complaint.
  • Filing a complaint with the Board of Educational Examiners if the employee is a licensed employee. 
The investigator will retain the original and provide a copy of the written investigative report to the school employee named in the report, the employee's supervisor and the student's parent or guardian. The person filing the report, if not the student's parent or guardian, is notified only that the Level I investigation has been concluded and of the disposition or anticipated disposition of the case. 
 
It is the responsibility of the Level I investigator to determine whether it is more likely than not that an incident of abuse as defined in the rules took place between the student and employee. The Level I investigator does not make the determination of whether the use of physical contact was appropriate or whether any of the exceptions apply. That is the responsibility of the Level II investigator. Upon completion of the report, if the Level I investigator determines the allegations of physical abuse are founded and serious, the Level I investigator will notify law enforcement authorities. If the allegations are founded but the physical abuse is not of a serious nature, the Level I investigator will refer the case on to                           , the Level II investigator. 
 
The Level II investigator will review the Level I investigator's final investigative report and conduct further investigation. The Level II investigative report will state the conclusion as to the occurrence of the alleged incident, the applicability of exceptions, the reason for the contact or force used, and recommendations regarding the need for further investigation. In determining the applicability of the exceptions or the reasonableness of the contact or force used, the Level II investigator will use the following definitions: 
 
Physical abuse is non-accidental physical injury to the student as a result of the action of an employee. Injury occurs when evidence of it is still apparent at least twenty-four hours after its occurrence. The following do not constitute physical abuse, and no employee is prohibited from: 
a. Using reasonable and necessary force, not designed or intended to cause pain: 
  1. To quell a disturbance or prevent an act that threatens physical harm to any person
  2. To obtain possession of a weapon or other dangerous object within a pupil's control. 
  3. For the purposes of self-defense of defense of others as provided for in Iowa Code § 704.3
  4. For the protection of property as provided for in Iowa Code §§ 704.4, 704.5. 
  5. To remove a disruptive pupil from class, or any area of school premises or from school-sponsored activities off school premises. 
  6. To prevent a student from the self-infliction of harm.
  7. To protect the safety of others. 
b. Using incidental, minor, or reasonable physical contact to maintain order and control. In determining the reasonableness of the contact or force used, the following factors are considered: 
  1. The nature of the misconduct of the student, if any, precipitating the physical contact by the school employee. 
  2. The size and physical condition of the student. 
  3. The instrumentality used in making the physical contact. 
  4. The motivation of the school employee in initiating the physical contact. 
  5. The extent of injury to the student resulting from the physical contact. 
"Reasonable force" is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. 
 
Upon completion of the Level II investigation, the Level I investigator will forward copies of the Level II investigative report to the employee, the employee's immediate supervisor and the student's parent. The Level I investigator will notify the person filing the report of the current status of the case. 
 
If the Level II investigator's report or law enforcement officials conclude abuse occurred, or the employee admits the violation, or the employee has surrendered the employee's certificate or license, the Level I investigator will file a complaint with the State Board of Educational Examiners. The Level I investigator will also arrange for counseling services for the student if the student or student's parents request counseling services. 
 
Sexual Abuse
 
Sexual abuse is defined as including sexual acts involving a student, acts that encourage the student to engage in prostitution, as well as inappropriate, intentional sexual behavior or sexual harassment by the employee toward a student. "Sexual harassment" is defined as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when: 
  1. Submission to the conduct is made either implicitly or explicitly a term or condition of the student's education or benefits; 
  2. Submission to or rejection of the conduct is used as the basis for academic decisions affecting that student;
  3. The conduct has the purpose or effect of substantially interfering with a student's academic performance by creating an intimidating, hostile or offensive education environment. 
When sexual abuse is reported, the Level I investigator will make copies of the report and give a copy to the person filing the report, the students' parents and the immediate supervisor of the employee named in the report. The employee named in the report will not receive a copy of the report until the employee is initially interviewed. The designated investigator will not interview the school employee named in a report of sexual abuse until after a determination is made that jurisdiction exists, the alleged victim has been interviewed and a determination made that the investigation will not be deferred. 
 
The investigator will notify the parent, guardian or legal custodian of a student in pre-kindergarten through grade six, of the date and time of the interview and of the right to be present or to see and hear the interview or send a representative in the parent's place.
The Level I investigator will interview the student as soon as possible, but in no case later than five days from the receipt of a report or notice of the allegation of sexual abuse. The Level I investigator may record the interview electronically. 
 
The Level I investigator will exercise discretion in the investigative process to preserve the privacy interests of the individuals involved. To the maximum extent possible, the investigator will maintain the confidentiality of the report. 
 
It is the responsibility of the Level I investigator to determine whether it is more likely than not that an incident took place between the employee and the student. If the Level I investigator believes the employee committed a sex act with a student or sexually exploited a student, the Level I investigator will defer the Level I investigation and immediately notify law enforcement officials, the student's parents and the person filing the report. 
 
If the Level I investigator determines an incident occurred, while not an illegal sex act with a student or sexual exploitation of a student, but where the employee engaged in inappropriate, intentional sexual behavior, further investigation is warranted. If further investigation is warranted, the Level I investigator may proceed to interview the employee and other individuals who may have knowledge of the circumstances contained in the report. Prior to interviewing other individuals who may have knowledge of the circumstance contained in the report, the Level I investigator will provide notice of the impending interview of student witnesses or the student who is in pre-kindergarten through grade six, to their parent, guardian, or legal custodian, and may provide notice to the parent or guardian of older students, prior to interviewing those students. The Level I investigator shall, if founded, arrange for the Level II investigator to further investigate the allegations. 
 
Within fifteen days of receipt of the report or notice of alleged sexual abuse, the Level I investigator will complete a written investigative report unless the investigation was temporarily deferred. The written investigative report will include: 
  1. The name, age, address and attendance center of the student named in the report. 
  2. The name and address of the student's parent or guardian and the name and address of the person filing the report, if different from the student's parent or guardian. 
  3. The name and work address of the school employee named in the report as allegedly responsible for the abuse of the student. 
  4. An identification of the nature, extent and cause, if known, of any injuries or abuse to the student named in 
  5. the report. 
  6. A general review of the investigation.  Any actions taken for the protection and safety of the student. 
  7. A statement that, in the investigator's opinion, the allegations in the report are either: 
  • Unfounded. (It is not likely that an incident, as defined in these rules, took place), or 
  • Founded. (It is likely that an incident took place.) 
  1. The disposition or current status of the investigation. 
  2. A listing of the options available to the parents or guardian of the student to pursue the allegations. These options include, but are not limited to: 
  • Contacting law enforcement officials
  • Contacting private counsel for the purpose of filing a civil suit or complaint.
  • Filing a complaint with the Board of Educational Examiners if the school employee is certificated. 
The investigator will retain the original and provide a copy of the investigative report to the school employee named in the report, the school employee's supervisor and the named student's parent or guardian. The person filing the report, if not the student's parent or guardian, is notified only that the Level I investigation has been concluded and of the disposition or anticipated disposition of the case. 
 
If the allegations are founded, the Level I investigation will refer the case to the Level II investigator. The Level II investigator will review the Level I investigator's final investigative report and conduct further investigation if necessary. The Level II investigative report will state conclusively as to the occurrence of the alleged incident, conclusively as to the nature of the sexual abuse and recommendations regarding the need for further investigation. Upon completion of the Level II investigation, the Level I investigator will forward copies of the Level II investigative report to the employee, the employee's immediate supervisor and the student's parent. The Level I investigator will notify the person filing the report of the current status of the case. 
 
If the Level II investigator's report or law enforcement officials conclude sexual abuse occurred, or the employee admits the violation, or the employee has surrendered the employee's certificate or license, the Level I investigator will file a complaint on behalf of the district after obtaining the superintendent's signature with the State Board of Educational Examiners. The Level I investigator will also arrange for counseling services for the student if the student or student's parents request counseling services. 
 
In cases involving founded physical or sexual abuse by a licensed employee, the board will notify the Board of Educational Examiners. Information of unfounded abuse at Level I or Level II will not be kept in the employee's personnel file. If the Level I investigative report is founded but Level II is unfounded, then the Level I report is removed from the employee's permanent file. Notes, tapes memorandums and related materials compiled in the investigations must be kept for two years. 
 
 
It is the responsibility of the board to annually identify a Level I and Level II investigator. The board will also designate annually an alternate Level I investigator, preferably of the opposite sex of the designated Level I investigator, to whom reports may also be made. The names and telephone numbers of the Level I investigator and the alternate Level I investigator is included in employee handbooks, student handbooks, annually published in the local newspaper, and prominently displayed in all school buildings. 
 

406.4 Substance-Free Workplace

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
SUBSTANCE-FREE WORKPLACE Code No. 406.4
 
The board expects the school district and its employees to remain substance free. No employee will unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of, in the workplace, any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcoholic beverage as defined by federal or state law. "Workplace" includes school district facilities, school district premises or school district vehicle, also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business. 
 
If an employee is convicted of a violation of any criminal drug offense committed in the workplace, the employee will notify the employee's supervisor of the conviction within five days of the conviction. 
 
The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee. An employee who violates the terms of this policy may be subject to discipline up to and including termination.  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. 
 
 
Adoption   6-14-82
                                   
Review      4-11-94      02-14-02    08-14-08  2-10-14
                                                            
Revision   09-15-08
                                                                                    
Cross References:
 
Legal References: 41 D.S.C. §§ 701-707 (2004). 42 U.S.c. §§ 12101 et seq. (2004). 34 C.F.R. Pt. 85 (2004). Iowa Code §§ 123.46; 124; 279.8 (2007). 

406.4-E1 Substance-Free Workplace Notice To Employee

EXHIBITS
 
Series 400 - Staff Personnel
 
Substance-Free Workplace Notice to Employees Code No. 406.4-E1
 
EMPLOYEES ARE HEREBY NOTIFIED that 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 Substance 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 204.
 
“Workplace” is defined as the site for the performance of work done in the capacity as a school district employee.  That includes school district facilities, other school premises or school district vehicles.  Workplace also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.
 
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 that 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.  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)
 

406.4-R1 Substance-Free Workplace

REGULATIONS
 
Series 400 - Staff Personnel
 
Substance-Free Workplace Code No. 406.4-R1
 
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.. 
  3. Failure to participate in referral if recommended- 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. 
 
 
Adoption    9-19-89
                                 
Review       4-11-94    02-14-02   08-14-08  2-10-14
                                                                
Revision     09-15-08

406.4-R2 Drug & Alcohol Testing Program

REGULATIONS
 
Series 400 - Staff Personnel
 
Drug & Alcohol Testing Program Code No. 406.4-R2
 
Employees who operate school vehicles for the Forest City Community School District 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 Transportation Handbook.  Employees with questions about the drug and alcohol testing program may contact the school district nurse in the elementary building at 1405 West I St., Forest City.
 
Employees who violate the terms of this policy may be subject to discipline up to and including termination at the discretion of the school district.  Employees who violate this policy, as a condition of continued employment, will be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program, recommended by the substance abuse professional.    Employees required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.  
 
It is the responsibility of the superintendent and director of transportation to develop the Transportation Handbook to implement this policy.  The director of transportation will inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.
 
The superintendent will also be responsible for publication and dissemination of this policy and its supporting administrative regulations and forms to employees operating school vehicles.  The superintendent will also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.
 
Adoption:  12-18-95
                 
Review:   02-14-02    8-14-08 2-10-14
                                                         
Cross References: Code 406.4    Substance-Free, Code 404.1    Personal Illness Leave
 
Revision:     08-21-03    9-15-08                                                                      
 
Legal References:  American Trucking Assoc., 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 §§p 124; 279.8; 321.375(2); 730.5 (2007). 

406.4-E2 Drug and Alcohol Testing Program Notice to Employees

EXHIBIT
 
Series 400 - Staff Personnel
 
Drug and Alcohol Testing Program Notice to Employees     Code No. 406.4-E2
 
Employees Governed by the Drug and Alcohol Testing Policy are hereby notified they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law.
 
Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand, one pounds or more.  For purposes of the drug and alcohol testing program, "employees" also includes applicants who have been offered a position to operate a school vehicle.  The employees operating a school vehicle are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program.
 
It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements.  Employees with questions regarding the drug and alcohol testing requirements will contact the school district contact person.
 
Employees governed by the Drug and Alcohol Testing Policy are further notified that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination.
 
Employees governed by the Drug and Alcohol Testing Policy are further notified 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.
 

406.4-E3 Drug and Alcohol Testing Program Acknowledgement Form

EXHIBIT
 
Series 400 - Staff Personnel
 
Drug and Alcohol Testing Program Acknowledgment Form     Code No. 406.4-E3
 
I, (                                       ) ,  have received a copy, read and understand the Drug
   (Name of Employee)   and Alcohol Testing
     
Program policy and its supporting documents.  I consent to submit to the drug and alcohol testing program as required by the Drug and Alcohol Testing Program policy, its supporting documents and the law.
 
I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents or the law, I may be subject to discipline up to and including termination.
 
I also understand that I must inform my supervisor of any prescription medication I use.  I further understand that drug and alcohol testing records about me are confidential and may be released in accordance with this policy, its supporting documents or the law.
 
 
_________________________________                       _____________
     (Signature of employee)                                                        (Date)
 

406.5 Communicable Disease-Staff

F. C. SCHOOL BOARD POLICIES

Series 400 - Staff Personnel
 
Communicable Disease - Staff Code No. 406.5
 
Forest City Community School employees with a communicable disease will be allowed to work as long as they are physically able to perform the tasks assigned to them and as long as their presence in the work area does not create a substantial risk of transmission of the illness to other employees and students in the district.  The term “communicable disease” shall mean an infectious or contagious disease spread from person to person, from animal to person, or as defined by law. 
 
School employees are encouraged to report communicable diseases to the building principal and school nurse.  An employee will be excluded from school when the employee’s condition has been determined to be injurious to the health of others or when they are too ill for their job assignment.  Guidelines of the Center for Disease Control and Iowa State Department of Health will be used to determine the health risk to others in the school environment.  The risk will be determined on a case by case basis since there may be greater risks of transmission of a communicable disease for some employees with certain conditions than for others infected with the same disease.  These special conditions, the risk of transmission of the disease, the effect upon the educational program, the effect upon the employee, co-workers and students, and other factors deemed relevant shall be considered in assessing the employees continued work at school.  The superintendent, principal, and school nurse may require medical evidence that employees with a communicable disease are able to work.
 
The health risk to an immuno-depressed employee at school 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.
 
It shall be 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.
 
Health data of an employee is regarded as confidential and will not be disclosed to third parties.  Employee medical records are kept in a file separate from their personal file.
 
 
Adoption:   4/10/89
              
Review: 4/111/94    02/14/02   9-15-08  3/10/14
 
Revision:
 
Cross References:1002.1; 402.11; 408.9
 
Legal References: 139; AC 470-1.2 through 1.5, 7, 146.1(2); 281-12.3(9); 670-22.15-22.17

306.5-E1 Hepatitis B Vaccine Information and Record

EXHIBIT

HEPATITIS B VACCINE INFORMATION AND RECORD Code No. 406.5-El
 
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. 
 
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 
 
 
RELEASE FORM FOR HEPATITIS B MEDICAL INFORMATION
 
I hereby authorize (individual or organization holding Hepatitis B records and address) to release to the Forest City 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                                                             Date
 
                                                                                                                   
Signature of Witness                                                                 Date
 
 
CONFIDENTIAL RECORD
 
                                                                                                                     
Employee Name                                                                   Job Title
 
    Date given       Lot Number      Expiration date       Site given           Given by
1.                                                                                                        
2.                                                                                                        
3.                                                                                                                            
  
Additional Hepatitis B status information:
                                                                                                                               
                                                                                                                                                                          
                                                                                                                                
 
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 viral 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
 

306.5-E1 Hepatitis B Vaccine Information and Record

EXHIBIT

HEPATITIS B VACCINE INFORMATION AND RECORD Code No. 406.5-El
 
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. 
 
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 
 
 
RELEASE FORM FOR HEPATITIS B MEDICAL INFORMATION
 
I hereby authorize (individual or organization holding Hepatitis B records and address) to release to the Forest City 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                                                             Date
 
                                                                                                                   
Signature of Witness                                                                 Date
 
 
CONFIDENTIAL RECORD
 
                                                                                                                     
Employee Name                                                                   Job Title
 
    Date given       Lot Number      Expiration date       Site given           Given by
1.                                                                                                                           
2.                                                                                                                           
3.                                                                                                                           
  
Additional Hepatitis B status information:
                                                                                                                               
                                                                                                                                                                          
                                                                                                                                
 
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 viral 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
 

406.5-R1 Universal Precautions Regulation

REGULATIONS

Series 400 - Staff Personnel
 
UNIVERSAL PRECAUTIONS REGULATION Code No. 406.5-R1
 
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. 
 
 
Adoption: 9-15-08
         
Review:  3-10-14
     
Revision:
  
Cross References: 
 
Legal References:

406.6 Grievance Procedure

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Grievance Procedure - Required by Federal Law or Programs Code No. 406.6
 
Definition:
 
A “grievance” shall mean a complaint that there has been an alleged violation of requirements imposed by a federal law or that action has been taken which is prohibited by federal law (including, but not limited to, Section 504 of the Rehabilitation Act of 1973, and Title IX of the Education Amendments of 1972).
 
Every employee or third party on their behalf shall have the right to present grievances in accordance with these procedures.
 
The failure of a grievant to act on any grievance within the prescribed time limits will act as a bar to any further appeal and an administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step.  The time limits, however, may be extended by mutual agreement of the parties involved.
 
All documents, communications, and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants.
 
Procedure:
First Step:  An attempt shall be made to resolve any grievance in informal, verbal discussion between the complainant and his or her principal/director.
 
Second Step:  If the grievance cannot be resolved informally within five (5) days, the grievant shall file the grievance in writing and, at a mutually agreeable time, discuss the matter with the principal/directors.  The written grievance shall state the nature of the grievance, shall note the provision of federal law that has been violated or the action that has been taken that is prohibited by federal law, and shall state the remedy requested.  The filing of the formal, written grievance at the second step must be within ten (10) days from the end of the informal (first step) discussions.
 
The principal/director shall make a decision on the grievance and communicate it, in writing, to the grievant and the Superintendent within five (5) days after receipt of the grievance.
 
Third Step:  In the event a grievance has not been satisfactorily resolved at the second step, the grievant shall file, within ten (10) days of the principal’s/director’s written decision at the second step, a copy of the grievance with the Superintendent.
 
Within five (5) days after such written grievance is filed, the grievant and the Superintendent shall meet to resolve the grievance.
 
The Superintendent shall file an answer within five (5) days of the third step grievance meeting and communicate it in writing to the grievant and the principal/director.
 
Fourth Step:  If the grievance is not resolved satisfactorily at the third step, there shall be available a fourth step which consists of a hearing before the Board. The grievant may submit, in writing, a request to the Superintendent within thirty (30) calendar days from the receipt of the third step answer to have a hearing before the Board.
 
The hearing before the Board shall be held within ten (10) days after said notice is given.  The decision of Board will be final.
 
 
_________________________
 
All reference to days excludes Saturdays, Sundays and Holidays.
 
 
Adoption:  4/14/86
    
Review     7/17/89   4/11/94 9-15-08  3-10-14
 
Revision   4/15/96   02/14/02
 
Cross References:
 
Legal References: 34 C.F.R. §104.7; 34 C.F.R. §106.8

406.7 Credit Card

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Credit Cards Code No. 406.7
 
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 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 shall make the employee responsible for expenses incurred.  Those expenses shall be reimbursed to the school district no later than fifteen working days following use of the school district’s credit card.  In exceptional circumstances, the superintendent or board may allow a claim without receipt.  Written documentation explaining the exceptional circumstances shall be 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 shall be the responsibility of the superintendent to determine whether the school district credit card use is for appropriate school business.  It shall be the responsibility of the board to determine through the audit and approval process of the board whether the school district credit card use by the superintendent and the board is for appropriate school business.
 
The superintendent shall be responsible for developing administrative regulations regarding actual and necessary expenses and use of a school district credit card.  The administrative regulations shall include the appropriate forms to be filed for obtaining a credit card.
 
 
 
Adoption: 10-12-00
 
Reviews:  02-14-02   9-15-08  3-10-14
 
Revision: 402.5  Employee Travel Expense
 
Cross Reference: 206.3 Compensation for Expenses     
 
Legal Reference:  Iowa Constitution, Article III,  § 31.;  Iowa Code § 279.8, .29. 30 (1999).  281 I.A.C. 12.3(1). 

406.7-E Credit Card Request Form

EXHIBIT
 
Series 400 - Staff Personnel
 
Credit Card Request Form Code No. 406.7-E
 
 
Credit Card Request Form
Forest City Community School District
 
 
 
Employee’s name: ________________________________
 
Date(s) requested: __________________
 
 
Reason:_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
 
 
Expenses (please list)
        Item                                                                     Amount
                                                                                               $                             
                                                                                                                              
                                                                                                                              
                                                                                                                            
                                                                                                                              
                                                                                                                              
                                                                                                                               
                                                                                        Total                                
 
 
Please attach credit card receipts:  Failure to keep receipts could result in the employee being responsible for the credit card expense(s).
 
 
**********************
 
Please return this form to the Business Office no later than fifteen days after the use of the district’s credit card.
 

406.8 Employee Outside Employment

F. C. SCHOOL BOARD POLICIES

Series 400 - Staff Personnel
 
Employee Outside Employment Code No. 406.8
 
The board believes the primary responsibility of employees is to the duties of their position within the school district as outlined in their job description.  The board considers an employee's duties as part of a regular, full-time position as full-time employment.  The board expects such employees to give the responsibilities of their positions in the school district precedence over any other employment.
 
It shall be the responsibility of the superintendent to counsel employees, whether full-time or part-time, if, in the judgment of the superintendent and the employee's immediate supervisor, the employee's outside employment interferes with the performance of the employee's duties required in the employee's position within the school district.
 
The board may request the employee to cease the outside employment as a condition of continued employment with the school district.
 
 
 
Adoption: 11-12-00
   
Review: 02-14-02   9-15-08 3-10-14
 
Revision:
   
Cross References:   
 
Legal References:  Iowa Code 20.7; 279.8 (1999)

406.9 Acceptable Internet use for School District Employees

F. C. SCHOOL BOARD POLICIES

Series 400 - Staff Personnel
 
Employee Outside Employment Code No. 406.8
 
The board believes the primary responsibility of employees is to the duties of their position within the school district as outlined in their job description.  The board considers an employee's duties as part of a regular, full-time position as full-time employment.  The board expects such employees to give the responsibilities of their positions in the school district precedence over any other employment.
 
It shall be the responsibility of the superintendent to counsel employees, whether full-time or part-time, if, in the judgment of the superintendent and the employee's immediate supervisor, the employee's outside employment interferes with the performance of the employee's duties required in the employee's position within the school district.
 
The board may request the employee to cease the outside employment as a condition of continued employment with the school district.
 
 
 
Adoption: 11-12-00
   
Review:  02-14-02   9-15-08  3-10-14
 
Revision:
   
Cross References:
     
Legal References:  Iowa Code 20.7; 279.8 (1999)
 

406.10 Employee Conduct, Work Rules, and Disciplinary Procedures

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
Employee Conduct, Work Rules, And Disciplinary Procedures Code No. 406.10
 
Employee Conduct 
 
The Board believes that the maintenance of a positive working relationship between the District
and its employees requires a shared understanding and acceptance of standards of conduct and performance.  Performance standards are generally contained in evaluation instruments and are measured in periodic evaluations of an employee's work.  Standards for conduct 'are contained in work rules, in Board policies, and in laws and regulations.  In addition, the Board expects that employees will be governed by simple common sense and by social norms, even though these standards of conduct are unwritten. 
 
Work Rules 
 
The Board authorizes and directs the Superintendent to adopt and implement work rules to govern the conduct of all District employees.  The work rules authorized by this policy will take effect immediately upon their review by the Board and will be subject to supplementation or modification at any time by either the Board or the Superintendent.  If a new work rule is created or an existing work rule is revised by the Superintendent, the rule will take effect immediately and will be submitted to the Board at the next regular meeting following such action by the Superintendent.  If the Board does not take any action regarding the rule, then the rule will continue in effect as created or revised by the Superintendent. 
 
Disciplinary Procedures 
 
In the event of such unsatisfactory conduct by an employee, the employee's supervisor will normally first try to correct the situation through discussion with the employee.  The employee or the employee's supervisor may call upon the Superintendent for help in resolving the problem, or if this fails, in deciding upon what remedial action is warranted.  In all cases, the supervisor reserves the right to adjust his/her action to suit the circumstances. 
 
The Superintendent is authorized to take whatever disciplinary action he/she deems appropriate, including, but not limited to, verbal warning, written warning, written reprimand, suspension with or without pay, and termination of employment. 
 
To the extent required by law, employees will be provided due process before they are suspended or terminated.  If due process is required by law, the pre-deprivation process will include notice of the charge or charges against the employee, a brief explanation of the evidence or information which supports the charge or charges, and an opportunity for the employee to respond to the charge or charges.  It is within the discretion of the supervisor to determine whether the employee will be required to respond immediately or whether the employee will be given additional time to respond, and, if so, how much additional time.  If the employee responds or is required to respond immediately, then the disciplinary action to be taken, if any, will be taken as soon the supervisor makes a decision.  If the employee is given additional time to respond, then the employee may be placed on administrative leave with pay and the disciplinary action, if any, will be taken as soon the supervisor makes a decision. 
 
 
 
If this due process procedure is implemented and the employee is suspended or terminated, the employee will have the right to a hearing before the Board of Directors.  If the employee wishes to have a hearing before the Board of Directors, the employee must notify the Superintendent in writing within five (5) calendar days following the date on which the decision was made to take disciplinary action.  The Superintendent will advise the employee of the date, time, and place of the hearing and the procedures which will be followed by the Board at the hearing. 
If some other procedure for disciplinary action is prescribed by law, the other procedure will be followed. 
 
If the employee is an employee at-will, the creation and implementation of this policy does not change the at-will nature of the employment relationship. 
 
 
 
Adoption: 3-22-10
 
Review:
 
Revision:
 
Cross References:
  
Legal References:

406.11 Drug and Alcohol Policy & Testing Program

F. C. SCHOOL BOARD POLICIES

 
Series 400 - Staff Personnel
Drug and Alcohol Policy & Testing Program Code No. 406.11
 
 
DRUG AND ALCOHOL POLICY FOR ALL EMPLOYEES
AND 
TESTING PROGRAM FOR INDIVIDUALS NOT REQUIRED TO POSSESS A COMMERCIAL DRIVERS LICENSE 
 
A. Statement of Policy
 
In order to foster an appropriate environment for the education of students and to protect the health and safety of employees, it is the policy of the District that the following conduct is prohibited: (1) the use, sale, offering for sale, or possession of illegal drugs, controlled substances, imitation controlled substances, or counterfeit controlled substances, on the job, on the District’s premises, or in District vehicles; (2) any improper use of “legal” or physician-prescribed drugs on the job, on the District’s premises, or in District vehicles; (3) the use, sale, offering for sale, or possession of alcoholic liquor (beer, wine, or alcohol) on the job, on the District’s premises, or in District vehicles; and (4) being under the influence of illegal drugs or controlled substances, alcoholic liquor (beer, wine, or alcohol) or improperly used prescription drugs on the job, on the District’s premises, or in District vehicles.
 
B. Application
 
The portions of this policy which pertain to testing (Sections C through M) apply to all individuals who are not required to possess a commercial drivers license in order to perform the duties of their position.
Unless otherwise specified, this policy applies to all District employees, including part-time employees. 
This policy applies to off-site lunch periods or breaks when an employee is scheduled to return to work. Visitors, vendors, and contractor employees are governed by this policy while on District premises and will not be permitted to conduct business if found to be in violation of this policy.  
 
C. Testing Provisions
 
The District will conduct drug and alcohol test¬ing when the District makes an offer of employment to individuals who are not required to possess a commercial driver’s license in order to perform the duties of their position.
 
The District may conduct drug and alcohol test¬ing of individuals who are not required to possess a commercial driver’s license in order to perform the duties of their position under the following circumstances:
 
  1. Where there is reasonable suspicion of the use of illegal drugs, controlled substances or alcohol, 
  2. When investigating certain workplace injuries, and
  3. During or after rehabilitation.
 
D. Definitions
 
As used in this policy, the term “controlled substance” means any substance specified in Schedule I, II, III, IV, or V of the federal Controlled Substances Act, 21 U.S.C. 801 et. seq. and published at 21 CFR 1308.11 and 21 CFR 1308.12, and any substance defined as a “controlled substance” by state law.
 
“Alcohol” means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol including methyl or isopropyl alcohol.  The term “alcohol” includes, but is not limited to, beer, wine, liquor, other alcoholic beverages, and medicines containing alcohol (unless the packaging seal is unbroken).
 
E. Pre-Employment Testing
 
Applicants for employment shall undergo drug and alcohol testing as part of the physical requirements prior to commencement of their duties for employment.  If the test of an individual results in a Medical Review Officer (MRO)-verified positive test for the use of controlled substances or an alcohol concentration of .04 or greater, the applicant will not be eligible for employment.
 
F. Reasonable Suspicion Testing
 
Any employee who is reasonably suspected of being impaired by or under the influence of a controlled substance or alcohol (that is, having a controlled substance or alcohol in the body) shall be suspended from their job duties pending an investigation and verification of their condition.  Employees who are reasonably suspected of being impaired by or under the influence of a controlled substance or alcohol will not be permitted to drive a motor vehicle after they have been suspended.  If the employee has driven a motor vehicle to work, the employee must either make arrangements with another individual to drive their vehicle or must make arrangements for alternative transportation.
 
Employees may be subject to testing when there is reason to believe that an employee is using or has used alcohol or other drugs in violation of the District’s written policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience.  For purposes of this provision, facts and inferences may be based upon, but are not limited to, any of the following:
  1. Observable phenomena while at work such as direct observation of alcohol or drug use or abuse or of the physical symptoms or manifestations of being impaired due to alcohol or other drug use.
  2. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. 
  3. A report of alcohol or other drug use provided by a reliable and credible source. 
  4. Evidence that an individual has tampered with any drug or alcohol test during the individual’s employment with the District. 
  5. Evidence that the employee has manufactured, sold, distributed, solicited, possessed, used, or transferred drugs while working or while on the District’s premises or while operating the District’s vehicle, machinery, or equipment.
Reasonable suspicion testing will only be required during, just before, or just after the period of the day when the employee is engaged in work functions.
 
Employees who are required to submit to reasonable suspicion testing will be suspended from their job duties pending an investigation and the report of the tests.  If the test of the employee results in an alcohol concentration of less than .04 and a MRO-verified negative test for the use of controlled substances, then the period of suspension will be with pay.  If the test of the employee results in an alcohol concentration of more than .04 or a MRO-verified positive test for the use of controlled substances, then the period of suspension will be without pay.
 
G. Post-Injury Testing
 
Employees will be subject to testing if they have suffered a work-related injury for which a report could be required under Iowa Code Chapter 85. 
The employee is permitted to obtain necessary medical attention following an accident, to leave the scene of an accident for the period necessary to obtain necessary emergency medical care, but the employee will be subject to post-injury testing and must remain readily available for testing or the employee will be deemed to have refused to submit to testing.  
 
Alcohol tests will be administered as soon as practicable, but no later than 8 hours after the injury.  Tests for controlled substances will be administered as soon as practicable, but no later than 32 hours after the injury.
 
H. Testing During or After Rehabilitation
 
Employees who have tested positive on a drug or alcohol test and whose employment has not been terminated will be subject to testing during, and after completion of, drug or alcohol rehabilitation.  The number, type, and frequency of follow-up tests will be as directed by the substance abuse professional and, unless otherwise recommended, will consist of at least 6 tests in the first 12 months following the employee’s return to duty. 
 
I. Cooperation Required
 
Any individual who refuses to submit to an alcohol or controlled substance test, who provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration, or substitution will be subject to disciplinary action.
 
The phrase “refuses to submit to an alcohol or controlled substance test” means that the individual: 
 
  1. Fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing, or
  2. Fails to provide adequate urine for controlled substance testing without a valid medical explanation after he or she has received notice of the requirement for urine testing, or 
  3. Engages in conduct that clearly obstructs the testing process.
 
All employees are encouraged to make use of available resources for treatment of substance abuse problems. Under certain circumstances, employees may be referred for treatment for substance abuse. An employee will be subject to disciplinary action for:
 
  1. A failure or refusal to submit to an evaluation.
  2. A failure or refusal to undergo treatment recommended as a result of an evaluation.
  3. Withdrawal from or a failure to satisfactorily complete the treatment program recommended as a result of an evaluation.
  4. Withdrawal from or a failure to satisfactorily participate in an aftercare program, if aftercare is prescribed as a part of treatment.
Testing shall be conducted in a manner to assure the highest degree of accuracy and reliability by using techniques and laboratory facilities which meet the requirements of the Iowa Department of Health.
 
J. Confirmatory Testing
 
If the result of the initial test is an alcohol concentration of .04 or greater or if the result of the initial test is positive for the presence of a controlled substance, a confirmatory test must be performed. The confirmatory test shall use a different chemical process than was used in the initial screen for drugs or alcohol.  The confirmatory drug or alcohol test shall be a chromatographic technique such as gas chromatography/mass spectrometry, or another comparably reliable analytical method.
 
K. Employee Requested Testing
 
If a confirmed positive drug or alcohol test for a current employee is reported to the District by the medical review officer, the District shall notify the employee in writing by certified mail, return receipt requested, of the results of the test, the employee’s right to request and obtain a confirmatory test of the second sample collected at an approved laboratory of the employee’s choice, and the fee payable by the employee to the District for reimbursement of expenses concerning the test. The fee charged an employee shall be an amount that represents the costs associated with conducting the second confirmatory test, which shall be consistent with the District’s cost for conducting the initial confirmatory test on an employee’s sample.  
If the employee, in person or by certified mail, return receipt requested, requests a second confirmatory test, identifies an approved laboratory to conduct the test, and pays the District the fee for the test within seven days from the date the District mails by certified mail, return receipt requested, the written notice to the employee of the employee’s right to request a test, a second confirmatory test shall be conducted at the laboratory chosen by the employee. The results of the second confirmatory test shall be reported to the medical review officer who reviewed the initial confirmatory test results and the medical review officer shall review the results and issue a report to the District on whether the results of the second confirmatory test confirmed the initial confirmatory test as to the presence of a specific drug or alcohol.  If the results of the second test do not confirm the results of the initial confirmatory test, the District shall reimburse the employee for the fee paid by the employee for the second test and the initial confirmatory test shall not be considered a confirmed positive drug or alcohol test for purposes of taking disciplinary action.
 
If a confirmed positive drug or alcohol test for a prospective employee is reported to the District by the medical review officer, the District shall notify the prospective employee in writing of the results of the test, of the name and address of the medical review officer who made the report, and of the opportunity for the prospective employee to request records.
 
L. Consequences for Violations
 
If the test of an individual who is applicant for employment results in a Medical Review Officer (MRO)-verified positive test for the use of controlled substances or an alcohol concentration of .04 or greater, the applicant will not be eligible for employment.
 
Disciplinary action, including termination of employment, may be taken against employees for any of the following reasons:
 
  1. A violation of any provision of Board Policy.
  2. If the test of the employee results in a Medical Review Officer (MRO)-verified positive test for the use of controlled substances or an alcohol concentration of .04 or greater
  3. A failure or refusal to submit to testing.
  4. A failure or refusal to submit to an evaluation.
  5. A failure or refusal to undergo treatment recommended as a result of an evaluation.
  6. Withdrawal from or a failure to satisfactorily complete the treatment program recommended as a result of an evaluation.
  7. Withdrawal from or a failure to satisfactorily participate in an aftercare program, if aftercare is prescribed as a part of treatment.
M. Payment for Evaluation and Treatment
 
The District’s responsibility for the cost of any evaluation, treatment, or counseling will be limited to the benefits provided by the District’s health insurance plan for such evaluation, treatment, or counseling.
 
 
 
Adoption: 7-08-10
 
Review:
 
Revision:
 
Cross References: 
 
Legal References: 

406.12 Employee Use of Cell Phones

F. C. SCHOOL BOARD POLICIES

Series 400 - Staff Personnel
 
EMPLOYEE USE OF CELL PHONES           Code No. 406.12
 
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 cell phones while driving except in the case of an emergency.
 
School bus drivers 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.  
 
 
 
Adoption: 1-8-12
 
Review: 402 Salaries and Benefits
 
Revision: 406 Employee Responsibilities
 
Cross References: 
 
Legal References:  Internal Revenue Comment Notice, 2009-46
Iowa Code § 279.8, 321.276 (2009)

406.12-R Employee Use of Cell Phones

REGULATIONS
 
Series 400 - Staff Personnel
 
EMPLOYEE USE OF CELL PHONES REGULATION         Code No. 406.12-R1
 
Cell phone Usage
 
  1. Cell phones shall be used in a manner that does not disrupt instruction and should not be used during school-sponsored programs, meetings, in-services, or other events where there exists a reasonable expectation of quiet attentiveness unless there is a reason of personal health or safety involved.
  2. Cell phones should not be used to transmit confidential information either verbally or written.
  3. Employees 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.
 
 
Adoption: 1-8-12
 
Review:
 
Revision: