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  3-11-19
                                                        
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     3-11-19               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. 
 

406.3 LICENSED EMPLOYEE CONTINUED EDUCATION CREDIT

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
 
LICENSED EMPLOYEE CONTINUED EDUCATION CREDIT                                                               Code No. 406.3
 
Continued education on the part of licensed employees may entitle them to advancement in compensation. Licensed employees who have completed additional hours may be considered for advancement. The board may determine which licensed employees will advance in compensation for continued education keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and any other items deemed relevant by the board.
 
Licensed employees who wish to obtain additional education for advancement must notify their supervisor by of the school year preceding the actual year when advancement occurs. The superintendent has the discretion to approve credit outside the employee's area of endorsement or responsibility.
 
It is the responsibility of the superintendent to make a recommendation to the board for the advancement of a licensed employee.
   
Note: The law no longer requires a district to provide advancement for continued education credit. Districts may choose to maintain advancement for continued education credit but are only required to negotiate base wages as part of the collective bargaining process.
 
NOTE: If the Master Contract is silent, school districts need to insert a deadline in this policy. It is recommended the deadline be before budget certification so school districts can budget for the increase. If the Master Contract contains a date, that date can be inserted in this policy.
 
Note: Boards should adopt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.).
For more detailed discussion of this issue, see IASB's Policy Primer, Vol. 25 #4 - May 1, 2017.
 
 
 
Legal Reference:
Iowa Code §§ 20.1, .4, .7, .9; 279.8.
 
Cross Reference:
405 Licensed Employees - General
406 Licensed Employee Compensation and Benefits
 
Approved: 3-11-19
Reviewed: 3-11-19
Revised: __________

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.  An employee who violates this policy may be required to successfully participate in a substance abuse treatment program approved by the board.
If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination. 
 
The superintendent is responsible for publication and dissemination of this policy to each employee. In addition, the superintendent will oversee the establishment of a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment programs. 
 
It is the responsibility of the superintendent to develop administrative regulations to implement this policy. 
 
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  3-11-19
                                                            
Revision   09-15-08  3-11-19
                                                                                    
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.
 
Employees who violate the terms of the Substance-Free Workplace policy may be required to successfully participate in a substance abuse treatment program approved by the board. 
 
The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy. If the employee fails to successfully participate in such a program the employee is subject to discipline up to and including termination.
 
EMPLOYEES ARE FURTHER NOTIFIED 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.  (Or I may be required to participate in a substance abuse treatment program.) If I fail to successfully participate in a substance abuse treatment program, I understand I may be subject to discipline up to and including termination. I understand that if I am required to participate in a substance abuse treatment program and I refuse to participate, I may be subject to discipline up to and including termination. I also understand that if I am convicted of a criminal drug offense committed in the workplace, I must report that conviction to my supervisor within five days of the conviction. 
 
 
 
                                                                                  
   (Signature of Employee)           (Date)
 

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. Participation in a substance abuse treatment program is voluntary.  
  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  3-11-19
                                                                
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.
 
It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law.  The superintendent will inform applicants of the requirement for drug and alcohol testing in noticies 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.
 
IASB Drug and Alcohol Testing Program (IDATP) Web site:  https://www.iasb.org/Main/Affiliated  Programs/Iowa Drug Alcohol Testing Program.aspx
 
Adoption:  12-18-95
                 
Review:   02-14-02    8-14-08 2-10-14  3-11-19
                                                         
Cross References: Code 406.4    Substance-Free, Code 404.1    Personal Illness Leave
 
Revision:     08-21-03    9-15-08       3-11-19                                                                
 
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.
 
NOTE:  This form also assumes the school district will terminate the driver upon violation of this policy and its supporting documents.  Should a school district, after careful consideration, choose to retain the option not to terminate for violation of this policy, consideration should be given to changing the first and third paragraph to read:
 
               EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED 
             they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random,
             reasonable suspiciion, post-accident, return-to-duty,   and follow-up drug and alcohol testing as outlined inthe Drug
            and Alcohol Testing Program policy, its supporting documents and the law.
 
For school districts choosing to pay for the substance abuse evaluation and rehabilitation, if any:
 
The format of this notice is not specifically required by the federal regulations.  It is designed to provide a starting point for school districts to develop their own form.  However, the federal regulations do require the drivers have notice of the drug and alcohol testing program.  Under the federal regulations, school districts may require their drivers to notify them of any prescription medications they are using.  School districts which do not want to be informed may delete this language from this notice. 
 
 
 
 
 

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.
 
In addition, I have received a copy of the U.S. DOT publication,  "What Employees Need to Know about DOT Drug & Alcohol Testing," and have read and understand its contents.
 
Furthermore, I know and understand that I am required to submit to a controlled substance (drug) test, the results of which must be received by this employer before being employed by the school district and before being allowed to perform a safety-sensitive function.  I also understand that if the results of the pre-employment test are positive, that I will not be considered further for employment with the school district.  
 I further understand that drug and alcohol testing records 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 2-11-19
 
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

406.5-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-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  2-11-19
     
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  2-11-19
 
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  2-11-19
 
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  2-11-19
 
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  2-11-19
 
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:  2-11-19
 
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:  2-11-19
 
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.

The Board authorizes the purchase and employee use of cell phones as deemed appropriate by the superintendent.  School district-owned cell phones shall be used for authorized school district business purposes, consistent with the school district’s mission and goals. 

Use of cell phones in violation of board policies, administrative regulations, and/or state/federal laws will result in discipline, up to and including dismissal, and referral to law enforcement officials, as appropriate. 

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

Employees may possess and use cell phones during the school day as outlined in this policy and as provided in the administrative regulation developed by the superintendent.  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 and any such use must comply with applicable state and federal law and district policies and regulations.  

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

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.  Any such use must comply with applicable state and federal law and district policies and regulations. 

Certain positions within the district may require the regular use of cell phones to conduct district business.  These employees may purchase and/or maintain cell phones and related equipment, at their own expense, to make themselves accessible to the district and to conduct district business more efficiently.  The superintendent has discretion to determine which district positions qualify for a cell phone allowance.  The monthly cell phone allowance amount shall be established by the superintendent and/or the board.  Employees who utilize their personal cell phones shall do so in accordance with this policy and accompanying procedures.  The cell phone allowance is neither permanent nor guaranteed.  The district reserves the right to rescind the allowance at any time for a violation of district policy or regulation or for any other reason.  

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. 

Note:  Boards that have school district-provided cell phones should amend this policy and its accompanying regulation to include the italicized sections.  Boards should also amend the policy and its accompanying regulations to reflect internal practices and controls.  For more detailed discussion of this issue, see IASB's Policy Primer, September 14, 2010. 

 

 

 
 
Adoption: 1-8-12
 
Review: 2-11-19
 
Revision: 4-8-19
 
Cross References: 402 Salaries and Benefits 
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 student or personal information either verbally or written. 
  3. Employees are prohibited from using a cell phone while driving as part of their work duties, unless in the case of an emergency, unless the vehicle has come to a complete stop and the gear is in park. 
  4. Cell phones are provided specifically to carry out official school district business when other means of communications are not readily available.  These devices may not be used for routine personal communications.
  5. Personal use of school district-provided cell phones is limited to making or receiving calls for emergency and/or incidental purposes.  Whenever possible, such calls should be made or received on school district or other public telephones.
  6. Employees issued a cell phone are responsible for its safekeeping at all times.  Defective, lost or stolen cell phones are to be reported immediately to the superintendent who will in turn notify the service provider. Reckless or irresponsible use of school district equipment, resulting in loss or damage may result in the employee having to reimburse the school district for any associated costs of replacement or repair.
  7.  Cell phones and any other school district issued communication equipment issued for employees are to be returned to the board secretary at the conclusion of the school year, activity or as otherwise specified or immediately upon request.

 

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

 

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

 

  1. The assignment of a cell phone device to the employee is a prudent use of school district resources;
  2. The employee's job responsibilities requires the ability to communicate frequently outside of district property and/or regular district hours.
  3. The employee's job involves situations where immediate communication is necessary to ensure the safety of individuals and security of school district property.]

 

Cell Phone Business Procedures

 

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

 

  1. Requests for reimbursement for authorized use of employee owned cell phones are to be submitted on school district provided forms accompanied by a copy of the billing statement with the school district business related calls highlighted. A notation for each highlighted entry, indicating the nature of the call is required.  The employee’s immediate supervisor must sign-off on the billing statement verifying the calls were school district business related.  School district reimbursement for authorized use of employee owned cell phones will be made in conformance with school district payment procedures.  Requests for reimbursement, including the highlighted billing statement must be submitted within thirty (30) days of the end of the time period for which reimbursement is requested.  Requests submitted after the reimbursement deadline has passed will be denied
  2. If personal calls are made on a district-owned phone and the calls result in an additional plan charge to the district, the calls must be itemized and reimbursed to the district.
 
 
Adoption: 1-8-12
 
Review:   2-11-19
 
Revision: 4-8-19