Policy Title: Equal Employment Opportunity and Affirmative Action

Code No. 401

 

The Carroll Community School District shall provide equal opportunity to all employees and applicants for employment in accordance with all applicable equal employment opportunity laws, directives and regulations of federal, state and local governing bodies and agencies. The district shall take affirmative action in recruitment, appointment, assignment and advancement of women, minorities and the disabled. Employees shall be given notice of this policy annually.

 

Individuals who file an application with the district will be given consideration for employment if they meet or exceed the qualifications set by the district’s administration, the district’s board of directors and the Department of Education for the position for which they apply. In employing school district personnel, the board of directors shall consider the qualifications, credentials, and records of the applicants without regard race, color, national origin, sex, disability, religion, creed, age, sexual orientation, gender identity, genetic information, and any other equal employment opportunity and affirmative action laws, directives and regulations of federal, state and local governing bodies. In keeping with the law, the board of directors shall consider the veteran status of applicants.

Employees or applicants for employment having inquiries regarding compliance with equal employment opportunity and affirmative action are directed to contact:

 

Name          Ms. Crystal Boes 

 

Title          Affirmative Action Coordinator

 

Location            Adams Elementary, 1026 N Adams St. Carroll, IA 51401

Telephone Number          712-792-8040

Inquiries may also be directed, in writing, to the Iowa Civil Rights Department or to the Director of the Region VII Office of Civil Rights, Department of Education, Kansas City, Missouri. Such inquiry or complaint to the state or federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

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

 

Equal Employment Opportunity and Affirmative Action Compliance Program

 

The Community School District is an Equal Opportunity Employer without regard to race, color, national origin, sex, disability, religion, creed, age, sexual orientation, gender identity, genetic information, and any other equal employment opportunity and affirmative action laws, directives and regulations of federal, state and local governing bodies.

 

All employment decisions will be made in accordance with these principles. All employment related programs will be administered in a manner consistent with these principles. No employee or applicant shall suffer any form of discrimination because of race, color, national origin, sex, disability, religion, creed, age, sexual orientation, gender identity, genetic information.

 

To ensure awareness by all levels of the administration, all employees, all students, educational agencies, vendors with which the district works and the community, the district will disseminate information as detailed below.

 

1. Dissemination of Policy

 

1. 1. Employees will be reminded annually of the district’s Equal Employment Opportunity Policy (“EEO Policy”) by:

 

1. 1. 1. Description of the EEO Policy by publication or reference in all issuances or re-issuances of personnel handbooks.

 

1. 1. 2. Where applicable, detailed discussions of the EEO Policy at administrative conferences and staff meetings.

 

1. 1. 3. Posting of the EEO Policy on the district’s website.

 

1. 2. Employees will also be reminded of the district’s Title IX policy per its Title IX policy and the law.

 

1. 3. Employment advertisements and application forms will contain assurance of equal employment opportunity.

 

1. 4. Employment sources and recruiting sources where jobs are posted and/or listed by the district will be reminded of the district’s EEO Policy, both verbally and in writing.

 

1. 5. Notices informing employees and applicants of their rights under federal and state civil rights laws will be posted on bulletin boards and in

 

locations where applicants are interviewed.

 

2. Responsibility for Implementing the Affirmative Action Plan and Program

 

1. 1. The affirmative action coordinator/designee is responsible for implementing the Affirmative Action Plan and Program and will render full assistance and support for those seeking help and assistance in taking affirmative action.  Formal complaints and informal reports regarding sex discrimination, including sexual harassment, will be subject to the Title IX grievance process (see the Title IX Grievance Procedure regulation).

 

3. Recruiting

 

1. 1. Additional emphasis will be given to seeking and encouraging applicants from minority groups, women's groups and the disabled where such applicants with the necessary qualifications or potentials are available.

 

4. Training

 

1. 1. All training and in-service programs supported or sponsored by the district will continue to be equally open to all employees on the basis of qualifications.

 

5. Hiring, Placement, Transfer, Layoff and Recall

 

1. 1. The district recognizes that to accomplish the long-range objectives of its Equal Employment Opportunity policy, continued affirmative action must be taken to ensure that job opportunities of all kinds are called to the specific attention of members of minority groups, women and the disabled, and that qualified members of such groups should be offered positions on the same basis as all other applicants or employees. To assure achievement of the objectives, the district will periodically review its practices of hiring job applicants.

 

1. 2. Prior to a final offer of employment for any position the school district will perform criminal, child abuse, and sexual abuse background checks.  The district may determine on a case-by-case basis that, based on the duties, some positions within the district will require more thorough background checks.  Based upon the results of background checks, the school district will determine whether a contract will be offered.

 

6. Compensation

 

1. 1. All employees will receive compensation in accordance with the same standards. Opportunities for performing overtime work or otherwise earning increased compensation will be afforded to all qualified employees without discrimination based on race, color, national origin, sex, disability, religion, creed, age, sexual orientation, gender identity, genetic information.

 

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, shall be directed to the Affirmative Action Coordinator, Ms. Crystal Boes, Adams Elementary, 1026 N Adams St. Carroll, IA 51401, 712-792-8040, and will be subject to the general grievance procedures (see the General Grievance Procedure regulation).  Formal complaints and informal reports regarding sex discrimination, including sexual harassment, will be subject to the Title IX grievance process (see the Title IX Grievance Procedure regulation).

 

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights, U.S. Department of Education, 310 W. Wisconsin Ave., Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111 or the Iowa Civil Rights Commission, 211 E. Maple, Des Moines, Iowa, 50309, (515) 281-4121.  This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

 

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

 

 

Date of Adoption/Revision:

September 2020

STAFF PERSONNEL

 

 

Series 400

 

Policy Title: LIMITATIONS TO EMPLOYMENT REFERENCES

Code No. 402

 

 

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

 

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

• the matter has been officially closed by the law enforcement agency;
• the individual is acquitted or otherwise exonerated of the alleged misconduct; or
• more than four years has passed since the case was opened, and no charges or indictment have been filed.

 

 

 

 

 

Date of Adoption/Revision:

November 2019

November 2020

STAFF PERSONNEL

Series 400 Policy Title: Employee Conflict of Interest

Code No.: 403

 

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

 

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

 

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

 

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

 

1. The outside employment or activity involves the use of the school district’s time, facilities, equipment and supplies or the use of the school district’s badge, uniform, business card or other evidences of office to give the employee or the employee’s immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public. For purposes of this section, a person is not “similarly situated” merely by being related to an employee who is employed by the school district.

 

2. The outside employment or activity involves the receipt of, promise of or acceptance of more or other consideration by the employee or a member of the employee’s immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee’s regular duties or during the hours during which the employee performs service or work for the school district.

 

3. The outside employment or activity is subject to the official control, inspection, review, audit or enforcement authority of the employee during the performance of the employee’s duties.

 

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

 

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

 

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

 

 

Date of Adoption/Revision:

June 2004

July 2007

August 2013

October 2016

November 2020

STAFF PERSONNEL

 

Series 400

 

Policy Title: Employee Political Activity Code No.: 404

 

Employees will not engage in political activity upon property under the jurisdiction of the board or at school district activities or events. Activities including, but not limited to:

• posting of political circulars or petitions,
• the distribution of political circulars or petitions,
• the collection of or solicitation for campaign funds,
• solicitation for campaign workers, and
• the use of students for writing or addressing political materials, or
• the distribution of such materials to or by students are specifically prohibited.

 

Violation of this policy may be grounds for disciplinary action up to and including termination.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date of Adoption/Review:

June 2004

July 2007

August 2013

October 2016

November 2020

STAFF PERSONNEL

 

Series 400

 

Policy Title: Public Complaints About Employees Code No.: 405

 

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

 

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

 

1. Matters concerning an individual employee should first be addressed to the employee.
2. Unsettled matters from (A) above or problems and questions about individual attendance centers should be addressed to the employee’s building principal or immediate supervisor.
3. Unsettled matters from (B) above or problems and questions concerning the school district should be directed to the superintendent.
4. If a matter cannot be settled satisfactorily by the superintendent, the individual may ask that it be brought to the board. To ask that a concern regarding an employee be addressed by the board, the individual must notify the board president in writing of the concern. The board president may bring it to the attention of the entire board by placing it on the agenda or the individual may be able to address the complaint with the board at the beginning of a meeting in accordance with board policy.

 

It is within the discretion of the board to address complaints from the members of the school district community, and the board will only consider doing so if a complaint is in writing, signed, and the individual bringing the complaint has complied with this policy.

 

 

Date of Adoption/Review

June 2004

July 2007

August 2013

October 2016

November 2020

STAFF PERSONNEL

Series 400

 

Policy Title: Employee Travel Compensation

Code No.: 407

 

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

 

Travel Outside the School District

Travel outside of the school district must be verbally pre-approved by the employee’s supervisor. Pre-approval will include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business.

 

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

 

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

 

Reimbursement for actual and necessary expenses for travel outside the school district will be limited to the pre-approved expenses.  Travel costs for a spouse or anyone other than the district employee approved for travel shall be a personal expense not reimbursed by the district.

 

Pre-approved expenses for transportation within three hundred miles of the school district administrative office will be by automobile. If a school district vehicle is not available, the employee will be reimbursed at the current IRS Standard Mileage Rate for business as of July 1 of the current year.  The rate will be reviewed annually. Pre-approved expenses for transportation outside of three hundred miles of the school district administrative office may be by public carrier. Reimbursement for air travel will be at the tourist class fares. Should an employee choose to travel by automobile, reimbursement will be limited to the public carrier amount.

 

Pre-approved expenses for transportation in a rental car is limited to the cost of a Class "C" rental car at a medium priced agency unless the number of people traveling on behalf of the school district warrants a larger vehicle.

 

Pre-approved expense for lodging within the state is limited to $150.00 per night. Pre-approved expense for lodging outside the state is limited to the rate of a medium priced hotel in the area. Lodging may be pre-approved by the superintendent for a larger amount if special circumstances require the employee to stay at a particular hotel. Pre-approved expenses for meals within the state are limited to $14.00 for breakfast, $16.00 for lunch and $29.00 for dinner. Pre-approved expenses for meals outside the state are limited to the General Services Administration meal per diem breakdown for the area of travel and needs to be approved by the superintendent before travel occurs. Meals may be pre-approved for a larger amount by the superintendent.

 

Travel Within the School District

Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position may be reimbursed at the current IRS Standard Mileage Rate for business as of July 1 of the current year.  The rate will be reviewed annually. It is the responsibility of the superintendent or designee to approve travel within the school district by employees. It is the responsibility of the board to review the travel within the school district by the superintendent and/or designee through the board's audit and approval process.

 

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

 

Date of Adoption/Review/Revision

July 2006

July 2007

July 2010

July 2013

October 2016

August 2020

 

STAFF PERSONNEL

Series 400

 

Policy Title: Employee Travel Compensation Regulation

Code No.: 407R1

 

Travel Allowance

 

Out-of-city and out-of-district mileage will be paid at the rate of the current IRS Standard Mileage Rate for business as of July 1st of the current year.  The rate will be reviewed annually.  Reimbursement for mileage applies only when employees are asked to use their personal vehicle. Every attempt will be made to provide a school-owned vehicle for out-of-city and out-of-district travel.

 

In-city and in-district mileage will be paid at the rate of the current IRS Standard Mileage Rate for business as of July 1st of the current year.  The rate will be reviewed annually.  Reimbursement for mileage applies only when employees are required to use their personal vehicle to travel during the working day as per their assignment and approval by the superintendent and/or designee.

 

All mileage reimbursement requests must be made on the proper district form by the fifth day of the month. Employees are to turn in mileage reimbursement requests on a monthly basis.

 

 

Standardized Miles To Be Used On In-City/In District

Mileage Reimbursement Form

                                       

 

Carroll High School to:	One Way	Round Trip		Adams Elem School to:	One Way	Round Trip
Carroll Middle School	.4	.8		Carroll High School	2.0	4.0
Fairview	1.0	2.0		Carroll Middle School	2.2	4.4
Kuemper/Holy Spirit	2.8	5.6		Fairview	1.0	2.0
St. Lawrence	1.9	3.8		Kuemper/Holy Spirit	1.0	2.0
Rec Center	2.0	4.0		St Lawrence	.5	1.0
Downtown	2.4	4.8		Rec Center	.9	1.8
Ag Building/ROAR	2.4	4.8		Downtown	.3	.6
Carroll Middle School To:	One Way	Round Trip		Fairview Elem To:	One Way	Round Trip
Fairview	1.3	2.6		Kuemper/Holy Spirit	2.0	4.0
Adams Elem	2.2	4.4		St. Lawrence	1.0	2.0
Kuemper/Holy Spirit	3.3	6.6		Rec Center	1.0	2.0
St. Lawrence	2.3	4.6		Downtown	1.4	2.8
Rec Center	2.3	4.6
Downtown	2.7	5.4
Ag Building/ROAR	2.8	5.6		Other:	One Way	Round Trip
				Carroll to Mt Carmel	8	16
				Carroll to Breda	13	26
				Carroll to Halbur	11	22
				Carroll to Templeton	15	30

 

 

 

Date of Adoption/Review/Revision

October 2016

August 2020

July 2022

 

 

CARROLL COMMUNITY SCHOOL DISTRICT

IN-CITY/IN-DISTRICT MILEAGE REIMBURSEMENT FORM

Name	Month	Year

                           DESTINATION MILEAGE FORM   (USE CHART ON REVERSE SIDE)

DATE                                                    FROM/TO

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30.       

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TOTAL FOR MONTH: Total miles will be multiplied by the current IRS Standard Mileage Rate for business as of July 1st of the current year.

                  Total Miles for Month: 

 

SUBMITTED BY          DATE SUBMITTED:

 

 

 

 

APPROVED BY          DATE APPROVED:

 

 

 

STAFF  PERSONNEL

 

Series 400

 

Policy Title: Credit Card for Fuel Code No.: 408

 

Employees may use the fuel credit cards for the actual and necessary expenses incurred in the performance of work-related duties. Actual and necessary expenses incurred in the performance of work-related duties are limited to fuel for the school district transportation vehicles used for transporting students to and from school and for school district-sponsored events, 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 the fuel credit card are required to sign the credit card out and initial when the credit card is returned. In addition, employees and officers using the fuel credit card must submit a detailed receipt in addition to a credit card receipt indicating the date and amount for each claim.

 

The transportation director shall maintain the fuel credit cards for fueling the school district transportation vehicles in accordance with board policy.

 

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

 

 

Date of Adoption/Revision:

June 2002

June 2004

July 2007

August 2013

June 2017

January 2021

 

STAFF PERSONNEL

Series 400

 

Policy Title: Employee Use of Cell Phones Code No.: 409

 

The school district may issue cell phones to employees when there is a valid school district related business purpose for the employee to have access to a cell phone.  Prior to issuing an employee a school district cell phone, the school district will evaluate the employee’s job assignment and responsibilities and determine whether the employee should be issued a school district cell phone.  If the school district determines an employee will be issued a school district cell phone, the school district will determine the appropriate cell phone and cell phone plan for the employee.

 

An employee’s use of a school district cell phone will be limited to school district business.  Personal use of school district cell phones will only be allowed on a limited and infrequent basis. 

 

Employees who are issued school district cell phones may not use them at any time while they are operating motor vehicles or equipment.  Employees who are involved in an accident and/or charged with violations of the law resulting from the use of a school district cell phone while operating motor vehicles or equipment will be solely responsible for all liability that results from such actions, including, but not limited to all damages, costs, fees, and fines.

 

Any school district cell phone issued to an employee is school district property and all communications over and activity conducted on any school district cell phone is subject to being monitored and reviewed by the school district.  An employee who has been issued a school district cell phone is expected to protect it from loss, damage or theft and will be responsible for any damages or charges that result from the employee’s failure to exercise due care.  If an employee is issued a school district cell phone and it is lost or stolen, the employee must notify the school district so that service can be discontinued.  An employee shall notify the school district if a school district cell phone the employee has been issued malfunctions. 

 

Upon separation from employment or at any time upon request, the employee may be asked to produce a school district cell phone issued to the employee for return or inspection. Employees unable to present a school district issued cell phone in good working condition within twenty-four (24) hours of being asked to produce it may be required to bear the cost of replacing the cell phone.

 

Employees shall restrict use of personal cell phones to break periods or lunch periods.  Personal cell phones shall be turned off during business hours.  Employees shall not conduct school district business with their personal cell phones.

 

An employee’s failure to comply with this policy may subject the employee to disciplinary action up to and including termination of employment.

 

Approved/Revised August 2013 October 2016

January 2021

 

STAFF PERSONNEL

Series 400

 

Policy Title: Group Medical, Dental, and Vision Coverage for Retirees Code No.: 410

 

A licensed, classified, or non-bargaining employee, along with their spouse and dependents, who is currently enrolled in the district’s group medical, dental, and/or vision plan will have the ability to continue coverage upon retirement before the age of 65 provided he or she meets the requirement of the insurer. Eligible employees are those who have attained at least age 55 as of the retirement date and completed a total of 15 full-time (30+ hours per week) continuous years of service to the district or a total of 30 years full-time service to the district.  Retirees covered by the plan make contributions toward the plan premiums for 100% of the plan premium less any allowance that may be offered as part of any district voluntary retirement special pay plan.

 

Medical, dental, and vision benefits under the district's group retiree plan will cease for the retiree and their spouse and/or dependents on the first day of the insurance month that next follows the date the retiree attains the age of 65, or the first day of the insurance month that next follows the date the employee retires if he/she retires after age 65. However, the employee will be able to continue coverage provided he/she makes application to the carrier and pays the first premium to the company within the prescribed timeline of the carrier.

 

It is to be understood that the district does have the right to change or terminate the group medical, dental, or vision plans at any time. Retirees attaining the age of 65 are to be notified in writing of the fact that this right is reserved to the district.

 

 

Date of Adoption/Review/Revision:

August 11, 1986

August 1992

August 1995

June 1998

June 2001

June 2004

July 2007

August 2013

October 2016

November 2022

The district is an employer subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA) signed into law on April 7, 1986. The law contains provisions that speak to continuation of group health plans for individuals beyond normal termination dates.

The district will abide by the provisions of this act.

 

 

Date of Adoption/Revision:
August 11, 1986
August 1992
August 1995
June 1998
June 2001
June 2004
July 2007
August 2013
October 2016

 

STAFF PERSONNEL

 

Series 400

 

Policy Title: Annuities Code No.: 412

 

It shall be the policy of the school district to honor the written request of school district employees, when properly executed by the employee and filed with the employee benefits coordinator, to purchase an individual annuity contract through payroll deductions for the employee in accordance with federal and state laws, rules, and regulations.

 

Employees desiring to participate in the tax sheltered annuity program through payroll deductions shall contact the employee benefits coordinator. When all forms have been completed satisfactorily, they are to be returned to the employee benefits coordinator.

 

Responsibility for supplying the employee benefits coordinator with appropriate information in a timely manner rests entirely with the employee.

 

Date of Adoption/Revision:

August 23, 1982

August 1992

August 1995

June 1998

June 1999

June 2001

July 2003

June 2004

July 2006

July 2007

Suspended October 2008

August 2013

October 2016

January 2021

It is the policy of this district to ensure, so far as possible, that every employee has a safe and healthful place in which to work.  It is also the policy of this district to help each employee recognize his/her responsibilities for safe employment, and require that he/she adhere to those responsibilities.

Physical Examinations
Contracted employees will be required to submit to a pre-employment physical examination, after an offer of employment has been made and before the beginning of service.

Contracted employees working in the Statewide Voluntary Preschool Program must have a health assessment. Documented health assessments include:

• capabilities and limitations that may affect job performance
• documentation by a licensed health professional of TB skin testing using the Mantoux method and showing the employee to be free from active TB disease. For those who have positive TB skin tests and who develop a persistent cough or unexplained fever, immediate assessment by a licensed physician is required. For those who have increased risk of TB according to the Centers for Disease Control (CDC), documentation is required annually by a licensed health professional showing that the employee is free from active TB disease.   

The district will provide the standard examination form to be completed by an appropriately licensed health care provider who performs the physical examination.  A written report of the physical examination shall be submitted to the district.  The date by which any such physical examination report shall be submitted to the district shall be determined by the superintendent, but in no case shall be any less than five (5) business days prior to the first working day.

Bus drivers will be examined using all applicable state and federal criteria at the beginning of employment and every two years thereafter.  

Reimbursement to the extent not covered by insurance will be provided to contracted bus drivers, substitute and activity bus drivers, and employees in the Statewide Voluntary Preschool Program for the remaining cost of the required physical examination.

Fitness-for-duty examinations may be required following an absence from work due to illness, if there is a reasonable belief that the employee is unable to perform the essential functions of the job, or if there is a reasonable belief that the employee poses a direct threat to the employee or others because of a health condition.  A direct threat occurs when an individual poses a significant risk of substantial harm to him/herself or others, and the risk cannot be reduced below the direct threat level through reasonable accommodations.

All information regarding the medical condition or history of a contracted employee must be kept in files separate from the employee’s personnel records and treated as a confidential medical record subject to state and federal confidentiality laws.

The cost of the first examination for all full-time contracted employees will be paid by the employee (excluding contracted bus drivers and contracted Voluntary Preschool Program employees). The district shall provide the standard examination form to be completed by a recognized medical professional examiner.

Communicable Diseases
The district recognizes that some employees with a communicable disease, as defined by law, may be able to attend to their customary employment duties without creating a risk of transmission of the illness to the students or other employees.  The district also recognizes that there may be a greater risk of transmission of some communicable diseases for some employees with certain conditions than for other employees infected with the same disease.

Employees with a communicable disease will be allowed to perform their customary duties, provided they are able to perform the essential functions of their position and their presence does not pose a direct threat.  A direct threat occurs when an individual poses a significant risk of substantial harm to him/herself or others, and the risk cannot be reduced below the direct threat level through reasonable accommodations.

Prevention and control of communicable diseases shall be included in the school district’s bloodborne pathogens exposure control plan.  The procedures shall include scope and application, definitions, exposure control, methods of compliance, universal precautions, vaccination, post-exposure evaluation, follow-up, communication of hazards to employees and record keeping.  This plan shall be reviewed annually by the superintendent and school nurse.

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

An employee who is at work and who has a communicable disease that poses a direct threat, as defined above, shall report the condition to the superintendent any time the employee is aware that the employee’s condition poses a direct threat.  Any individual who has information that a district employee may have a communicable disease is encouraged to report the information to the superintendent.

The superintendent shall determine on a case-by-case basis whether the presence of an employee with a communicable disease in the district environment constitutes a direct threat.  In making this determination, the superintendent shall consider credible, objective evidence.  If the superintendent, after reviewing the credible, objective evidence, determines the employee’s presence may constitute a direct threat, the superintendent may request additional medical information from the employee’s physician (with the employee’s consent), a physician chosen by the district or public health officials, to confirm the superintendent’s determination.

All information regarding the medical condition or history of an employee must be kept in files separate from the employee’s personnel records and treated as a confidential medical record subject to state and federal law.

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

 

 

Date of Adoption/Revision: 
August 1983
September 1992
August 1995
June 1998
June 2001
June 2004
July 2005
May 2006
July 2007
August 2013
December 2016
January 2017
September 2018
November 2018
June 2019

 

STAFF PERSONNEL

 

Series 400

 

 

 

Policy Title: Activity Pass Code No.: 414

 

All full time and part time employees covered within board policy series 400 shall be issued an activity pass. This pass will entitle the individual employee to free admission to all locally scheduled school activities. The pass is non-transferable and does not apply where royalties are paid for a performance.

 

Lifetime activity passes will be presented upon retirement to all employees who have served the district a minimum of fifteen years.  An additional pass will be available for the retiree's spouse upon request.

 

An activity pass may be issued to other individuals at the discretion of the activities director/designee.

 

 

 

 

 

 

 

 

 

Date of Adoption/Revision:

July 1979

July 1991

August 1992

August 1995

June 1998

June 2001

June 2004

July 2007

August 2013

October 2016

January 2021

STAFF PERSONNEL

 

Series 400

 

Policy Title: Unused Vacation (Non Bargaining Personnel) Code No.: 415

 

 

This policy applies to administrators and other non-bargaining unit employees who accrue vacation leave.

 

The board recognizes the value of vacation time and believes that vacation earned during the year should be used during the year it is earned. However, the board also realizes that sometimes employees may not have the opportunity to use all their vacation leave and want to carry it over into the next contract year.

 

Therefore, employees can carry over unused vacation leave up to a maximum of twice the amount of vacation earned annually. Any unused vacation over this amount is lost. Employees will be notified of their vacation accrual, use, and balance. 

 

Upon leaving school district employment, the school district will pay an employee for the employee's accrued and unused vacation days as of the date of the employee's separation from employment with the school district. 

 

For the purpose of this policy the term “day” shall equate to the number of hours the employee is contracted for or assigned to work. All vacation will be recorded in hours to align properly with the time management system.

 

 

 

Date of Adoption/Revision:

August 1998

June 2001

June 2004

July 2007

April 2011

August 2013

October 2016

January 2021

 

Policy Title: Employee Records Code No.: 416

 

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

 

The records shall include, but not be limited to, records necessary for the daily administration of the school district, salary records, discipline records, evaluations, applications for employment, references, and other items needed to carry out board policy. Employee personnel files are school district records and are considered confidential records and therefore are not open to public inspection or accessibility.

 

Employees may have access to their personnel files as required by law.  The school district may charge a reasonable fee for copies made. 

 

It shall be the responsibility of the superintendent and/or designee to keep employees’ personnel files current. The board secretary shall be the custodian of employee records.

 

It shall be the responsibility of the superintendent and/or designee to develop administrative regulations for the implementation of this policy.

 

Date of Adoption/Revision:

June 2001

June 2004

July 2007

August 2013

October 2016

January 2021

 

 

 

Employees may be excused without pay or may use a personal leave day for a court-issued subpoena. Requests to be excused should be made to the superintendent/designee.

If the subpoena is issued for a school-related matter and not for a personal matter, leave with pay shall be granted.

 

Date of Adoption/Revision:
August 8, 1988
August 1992
August 1995
June 1998
June 1999
June 2001
June 2004
July 2007
August 2013
October 2016

 

Leaves of absence are granted for military purposes but not to exceed the enlistment or draft period. On completion of the military service the individual is entitled to reinstatement at the same salary he/she would have received had he/she not taken such leave but subject to the following conditions:

     A.  That the position was not abolished;

     B.  That he/she is physically and mentally capable of performing the duties of the position;

     C.  That he/she makes written application for reinstatement to the superintendent/designee within 90 days after termination of military service; and

     D.  That he/she submits an honorable separation from the military service.

A leave of absence will be granted for reservists for training purposes when ordered by proper authority to active state or federal service but not for a period exceeding a total of 30 days in any calendar year. Leaves for training purposes are granted without loss of pay but employees are expected to take such training during times the school is not in session whenever possible.

 

 

Date of Adoption/Revision:
July 1979
August 1992
August 1995
June 1998
June 2001
June 2004
July 2007
August 2013
October 2016

 

STAFF PERSONNEL

 

Series 400

 

Policy Title: Absence Without Pay Code No.: 419

 

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies or provisions.  Unpaid leave must be authorized by the superintendent/designee who will have complete discretion to grant or deny the requested unpaid leave. 

 

Absences without pay shall not be approved for vacation purposes unless approved by the superintendent. The written authorization shall include a statement of deductions from the employee's salary and shall be made in accordance with the school district's pay deduction regulations.

 

The amount of deduction from the pay of a salaried worker will be equal to the employee's per diem rate.

 

The failure to follow the school district policy and regulations, regarding absences without pay may be deemed to be neglect of duty and may be sufficient grounds for discipline including termination.

 

Date of Adoption/Revision:

July 1979

August 12, 1985

August 11, 1986

August 10, 1987

August 1992

August, 1995

June 1998

June 2001

June 2004

July 2007

July 2013

October 2016

January 2021

STAFF PERSONNEL

 

Series 400

 

Policy Title: Jury Duty Code No.: 420

 

Employees may be excused with pay for jury duty by the superintendent/designee. Payment received by employees from the court for juror per diem is to be turned over to the district within 30 days of the receipt of payment.

 

 

 

 

 

 

 

 

 

 

 

 

Date of Adoption/Revision:

July 1979

August 10, 1987

August 1992

August 1995

June 1998

June 2001

June 2004

July 2007

July 2010

August 2013

October 2016

April 2021

STAFF PERSONNEL

 

Series 400

 

Policy Title:   Employee Expression

Code No.:  421

 

The board believes the district has an interest in maintaining an orderly and effective work environment while balancing employees First Amendment rights to freedom of expression and diverse viewpoints and beliefs.  When employees speak within their official capacity, their expression represents the district and may be regulated.  The First Amendment protects a public employee’s speech when the employee is speaking as an individual citizen on a matter of public concern.  Even so, employee expression that has an adverse impact on district operations and/or negatively impacts an employee’s ability to perform their job for the district may still result in disciplinary action up to and including termination.

 

Employees who use social media platforms are encouraged to remember that the school community may not be able to separate employees as private citizens, from their role within the district.  Employee expression on social media platforms that interferes with the district’s operations or prevents the district from functioning efficiently and effectively may be subject to discipline up to and including termination.

 

A district employee who acts to protect a student for engaging in free expression or who refuses to infringe on students engaging in free expression; and who is acting within the scope of their professional ethics will not be retaliated against or face any adverse employment action based on their behavior provided that expression is otherwise permitted by law and board policy. 

 

If the board or court finds an employee that is subject to licensure, certification or authorization by the Board of Educational Examiners discriminated against a student or other co-employee, the board will refer the employee to the Board of Educational Examiners for additional proceedings as required by law and which may result in discipline up to and including termination.

 

 

 

 

 

 

 

 

Date of Adoption/Review/Revision:

October 2021                       

 

 

 

STAFF PERSONNEL

 

Series 400

 

Policy Title: Gifts to Employees Code No: 423

 

The board understands the desire of students, parents, and others to give gifts to show appreciation of an employee. Rather than giving gifts, the board encourages, as more welcome and appropriate, the writing of letters to express gratitude and appreciation or the donation of a gift to benefit the school district rather than an individual employee.

 

Employees shall not, either directly or indirectly, solicit, accept or receive any gift, series of gifts or an honorarium unless the donor does not meet the definition of a donor stated below or the gift or honorarium does not meet the definition of gift or an honorarium stated below.

However, employees may receive non-monetary gifts of a value less than $3.00 if the donor does not intend to influence the employee’s professional judgment. Employees may receive a gift on behalf of the school district.

 

A “donor” is defined as a person or other entity which:

 

• Is seeking to be or is a party to any one or any combination of sales, purchases, leases or contracts to, from or with the school district;

 

• Is engaged in activities, which are regulated or controlled by the school district;

 

• Will be directly and substantially affected financially by the performance or nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or

 

• Is a lobbyist with respect to matters within the school district’s jurisdiction.

 

A “gift” is the giving of anything of value in return for which something of equal or greater value is not given or received. However, “gift” does not include any of the following:

 

• Contributions to a candidate or a candidate’s committee;

 

• Informational material relevant to an employee’s official function, such as books, pamphlets, reports, documents or periodicals;

 

• Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;

 

• An inheritance;

 

• Anything available or distributed to the public generally without regard to the official status of the employee;

 

• Actual expenses of an employee for food, beverages, travel, and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;

 

• Plaques or items of negligible resale value given as recognition for public services;

 

• Items of food and drink with a value of less than three dollars that are received from any one donor during one calendar day;

 

• Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a political subdivision of the state of Iowa is a member; or,

 

• Items or services received as part of a regularly scheduled event that is part of a conference, seminar or other meeting that is sponsored and directed by any state, national or regional organization in which the state of Iowa or a political subdivision of the state of Iowa is a member.

 

An “honorarium” is anything of value that is accepted by, or on behalf of, an employee as consideration for an appearance, speech or article. An honorarium does not include any of the following:

 

• Actual expenses of an employee for food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;

 

• A non-monetary gift or series of nonmonetary gifts donated within thirty days to a public body, a bona fide educational or charitable organization or the department of general services; or,

 

• A payment made to an employee for service rendered as part of a bona fide private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person’s status as an employee but rather, because of some special expertise or other qualification.

 

It shall be the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium. An employee who violates this policy may be subject to disciplinary action.

 

 

 

 

 

 

 

 

 

 

 

 

 

Date of Adoption/Revision:

October 1992

August 1995

June 1998

June 2001

June 2004

July 2007

August 2013

October 2016

April 2021

 

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, and are published annually in the local newspaper and are posted in all school facilities.

The superintendent and/or designee is responsible for drafting administrative regulations to implement this policy.

Aiding and Abetting Prohibited:  Any individual who is a school employee, contractor, or agent shall not assist another school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative and personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law.  The former prohibition shall not apply if the information giving rise to probable cause has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct; and has been properly reported to any other authorities as required by federal, state, or local law and any one of the following conditions are met:

1. the matter has been officially closed or the prosecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law, or
2. the school employee, contractor, or agent has been charged with, and acquitted or otherwise exonerated of the alleged misconduct; or
3. the case or investigation remains open and there have been no charges filed against, or indictment of, the school employee, contractor, or agent within 4 years of the date on which the information was reported to a law enforcement agency.

 

 

Date of Adoption/Revision:
August 21, 1990
August 1992
August 1995
June 1998
June 2001
June 2004
July 2007
August 2013
October 2016
October 2019

 

When addressing, or in the presence of, a student or class, members of the school staff shall demonstrate the positive attitudes of the district. Profanity, sarcasm, ridicule, demeaning comments, and other unprofessional and/or inappropriate conduct and actions are expressly prohibited by any member of the school staff. Staff members who use profanity, sarcasm, ridicule, and/or demeaning comments may be subject to discipline including termination.

 

 

Date of Adoption/Revision:
August 2000
June 2004
July 2007
August 2013
October 2016

 

Deleted 9-21-20

 

STAFF PERSONNEL

Series 400

 

 

Policy Title: Employee Family and Medical Leave with Regulations Code No. 427

 

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life. For purposes of this policy, year is defined as a rolling twelve

(12) month period measured backward from the date an employee uses any family and medical leave. See the United States Department of Labor’s Fact Sheet 28H for employer options. Requests for family and medical leave will be made to the superintendent/designee.

 

Employees may be allowed, o r the District may require employees, to run concurrently

 a pplicable paid leave d uring any unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.

 

Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.

Employees shall be required to complete all necessary Family and Medical Leave Act documentation prior to any leave being approved as family and medical leave.  The required documentation shall be as outlined in this policy, and as required by the Department of Labor.

 

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

 

The CCSD employee handbook provides guidelines for this policy.

Links:            https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

                        WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)

• • WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition                   (PDF)
  •             WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
  •             WH-382 Designation Notice (PDF)
  •             WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)

  WH-385 Certification for Serious Injury or Illness of Covered Servicemember -- for Military   Family Leave (PDF)

 

Detailed regulations and forms are found below.

 

 

STAFF PERSONNEL

 

Series 400

 

Employee Family and Medical Leave Code No. 427

 

FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

 

This document is available at

h ttps://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fmlaen.pdf

 

EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

 

Date:  

 

I,   request family and medical leave for the following reason: (check all that apply)

   for the birth of my child;

   for the placement of a child for adoption or foster care;

   to care for my child who has a serious health condition;

   to care for my parent who has a serious health condition;

   to care for my spouse who has a serious health condition; or

   because I am seriously ill and unable to perform the essential functions of my position.

   because of a qualifying exigency arising out of the fact that my   spouse;

 son or daughter;   parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.

   because I am the   spouse;   son or daughter;   parent;   next of kin of a covered service member with a serious injury or illness.

 

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

 

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

 

I request that my family and medical leave begin on   and I request leave as follows: (check one of the three (3) options)

   continuous, and

I anticipate that I will be able to return to work on   .

 

   intermittent leave for the:

   birth of my child or adoption or foster care placement subject to agreement by the district;

   serious health condition of myself, spouse, parent, or child when medically necessary;

 

 

        because of a qualifying exigency arising out of the fact that my        spouse; _____s on or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.

   because I am the    spouse; ____son or daughter;   parent;   next of kin of a covered service member with a serious injury or illness.

Details of the needed intermittent leave:

 

 

 

 

 

I anticipate returning to work at my regular schedule on   .

   reduced work schedule for the:

   birth of my child or adoption or foster care placement subject to agreement by the district;

   serious health condition of myself, parent, or child when medically necessary;

        because of a qualifying exigency arising out of the fact that my        spouse; ________ son or daughter; ___parent is on active duty or call to active duty

status in support of a contingency operation as a member of the National Guard or Reserves.

   because I am the   spouse;____son or daughter;   parent;   next of kin of a covered service member with a serious injury or illness.

Details of the needed reduction in work schedule as follows:

 

 

 

 

 

I anticipate returning to work at my regular schedule on   .

 

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

 

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

 

cash for my contributions. I understand that I may be dropped from the employer-sponsored benefit plans for failure to pay my contribution.

 

 

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

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

Date   

 

 

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

 

EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST REGULATION

 

A.  School District Notice

1. The school district will post the notice regarding family and medical leave.
2. Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually. The information will be in the employee handbook.
3. When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements. Such information will include:

 

1. 1. 1. 1. 1. a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement or 26 week entitlement depending on the purpose of the leave;

 

1. 1. 1. 1. 2. a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so or proof of call to active duty in the case of military family and medical leave;

 

1. 1. 1. 1. 3. an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and
            4. a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.

 

B.  Eligible Employees.

 

1. Employees are eligible for family and medical leave if the following criteria are met:

 

 

1. The employee has worked for the school district for at least twelve (12) months or fifty-two (52) weeks (the months and weeks need not be consecutive); and
2. The employee has worked at least 1,250 hours during the 12 months immediately before the date FMLA leave is to begin.  Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement, provided their regularly scheduled hours are equal to or g reater than 1,250 hours

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

 

C.  Employee Requesting Leave --two types of leave

 

1. 1. Foreseeable family and medical leave

 

1. 1. 1. Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.

 

1. 1. 2. Employee must give at least thirty days notice for foreseeable leave. Failure to give the notice may result in the leave beginning thirty days after notice was received. For those taking leave due to military family and medical leave, notice should be given as soon as possible.

 

1. 1. 3. Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district. The scheduling is subject to the approval of the health care provider.

 

1. 2. Unforeseeable family and medical leave.

 

1. 1. Definition - leave is unforeseeable in such situations as emergency

 

medical treatment or premature birth.

 

1. 2. Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.

 

1. 3. A spouse or family member may give the notice if the employee is unable to personally give notice.

D.  Eligible Family and Medical Leave Determination.

1. 1. 1. 1. Six purposes for which an eligible employee may take family or medical leave.

 

1. 1. 1. 1. 1. 1. The birth of a s on or daughter of the employee and in order to care for that s on or daughter prior to the first anniversary of the child's birth;

 

1. 1. 1. 1. 1. 2. The placement of a son or daughter with the employee for adoption or foster care and in order to care for that s on or daughter prior to the first anniversary of the child's placement;

 

1. 1. 1. 1. 1. 3. To care for the spouse, son, daughter or parent of the employee if the spouse, s on, daughter or parent has a serious health condition; or

 

1. 1. 1. 1. 1. 4. Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position;

 

1. 1. 1. 1. 1. 5. Because of a qualifying exigency arising out of the fact that an employee’s ____spouse, ____son or daughter or ____parent is on active duty or call to active duty status inj support of the contingency operation as a member of the National Guard or Reserves; or
               6. Because the employee employee’s ____spouse, ____son or daughter or ____parent or next of kin of a covered service member with a serious injury or illness.

 

1. 3. The school district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.

 

1. 4. Medical certification.

 

1. 1. 1. 1. 1. When required:

 

1. 1. 1. 1. Employees may be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job;

 

1. 1. 1. 2. Employees may be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member; and/or

 

1. 1. 1. 3. Employees may be required to present certification of the call to active duty when taking military family and medical leave.
            
            2. Employee's medical certification responsibilities:

 

1. 1. 1. 1. The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition;

 

1. 1. 1. 2. The school district may require the employee to obtain a second certification by a healthcare provider chosen by and paid for by the school district if the school district has reason to doubt the validity of the certification an employee submits. The second health care provider cannot, however, be employed by the school district on a regular basis;
         3. If the second health care provider disagrees with the first healthcare provider, then the school district may require a third health care provider to certify the serious health condition. This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district. This certification or lack of certification is binding upon both the employee and the school district.

 

3. Medical certification will be required fifteen (15) days after family and medical leave begins unless it is impracticable to do so. The school district

 

may request recertification every thirty (30) days. Recertification must be submitted within fifteen (15) days of the school district's request.

 

1. 1. 4. Employees taking military caregiver family and medical leave to care for a family service member cannot be required to obtain a second opinion or to provide recertification.

 

1. 4. 5. Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification will be denied until such certification is provided.
      6. An employee who fails to complete and return all necessary Family and Medical Leave Act documentation may have the leave designated by administration as approved family and medical leave, provided the leave is such that would be covered as approved family and medical leave.
   5. Entitlement.
2. Employees are entitled to twelve (12) weeks unpaid family and medical leave per year. Employees taking military caregiver family and medical leave to care for a family service member are entitled to twenty-six (26) weeks of unpaid family and medical leave but only in a single twelve (12) month period.
3. Year is defined as a rolling twelve (12) month period measured backward from the date an employee uses any family and medical leave.
4. If insufficient leave is available, the school district may:

 

1. 1. 1. 1. 1. 1. 1. 1. Deny the leave if entitlement is exhausted;
                     2. Award leave available; and/or
                     3. Award leave in accordance with other provisions of board policy or the collective bargaining agreement.

 

6. Type of Leave Requested.

 

1. 1. Continuous - employee will not report to work for set number of days or weeks.
   2. Intermittent - employee requests family and medical leave for separate periods of time.
      1. Intermittent family and medical leave is available for:

          birth of my child or adoption or, foster care placement subject to agreement by the district;

        serious health condition of myself, spouse, parent, or child when medically necessary;

 

         because of a qualifying exigency arising out of the fact that my

        spouse;        s on or daughter;        parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves;

        because I am the        spouse;        s on or daughter;        parent;

        next of kin of a covered service member with a serious injury or illness.

1. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.
2. During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits. (For instructional employees, see G below.)

 

3.  Reduced work schedule - employee requests a reduction in the employee's regular work schedule.

 

1. 1. 1. 1. 1. 1. 1. 1. Reduced work schedule family and medical leave is available for:

      birth of my child or adoption, or foster care placement subject to agreement by the district;

 

      serious health condition of myself, spouse, parent, or child when medically necessary;

 

      because of a qualifying exigency arising out of the fact that my

 

    spouse;      s on or daughter;      parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves;

 

      because I am the      spouse;      s on or daughter;      parent;

 

      next of kin of a covered service member with a serious injury or illness.

 

1. 1. 1. 1. 1. 1. 1. 2. In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.
                     3. During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and benefits. (For instructional employees, see G below.)

 

 

 

7. Special Rules for Instructional Employees.

 

1. 1. Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting. This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.

 

1. 2. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent of the work days in the leave period may be required to:

 

1. 1. 1. Take leave for the entire period or periods of the planned medical treatment; or,
      2. Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.

 

1. 3. Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester. The number of weeks remaining before the end of a semester does not include scheduled school breaks, such as summer, winter or spring break.

 

1. 1. 1. If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.
      2. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.
      3. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.

 

1. 4. The entire period of leave taken under the special rules is credited as family and medical leave. The school district will continue to fulfill the school district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.

 

8. Employee responsibilities while on family and medical leave.

 

1. 1. Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.

 

1. 2. The employee contribution payments will be deducted from any money owed to the employee or the employee will reimburse the school district at a time set by the superintendent.

 

1. 3. An employee who fails to make the health care contribution payments within thirty days after they are due will be notified that their coverage may be canceled if payment is not received within an additional 15 days.

 

1. 4. An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request.

 

1. 5. The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.

 

1. 6. If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return. The school district will cease benefits upon receipt of this notification.

 

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

 

1. 1. The District may require, or an employee may request, their unpaid family and medical leave run concurrently with applicable paid leave available to the employee under board policy, individual contracts, or the collective bargaining agreement, as outlined in the family and medical leave administrative rules. When the district determines that paid leave is being taken for an FMLA reason, the district will notify the employee as soon as possible that the paid leave will be counted as FMLA leave.

 

EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

 

 

A ctive Duty - duty under a call or order to active duty under a provision of law referring to in section

101(a)(13) of title 10, U.S. Code.

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

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

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

• A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:

-- treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or

-- treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a the health care provider.

• Any period of incapacity due to pregnancy or for prenatal care.
• Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.

A chronic serious health condition is one which:

-- requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;

-- Continues over an extended period of time (including recurring episodes of a single underlying condition); and

-- May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

• Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.
• Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

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

E ligible Employee - The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.

 

EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

 

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

 

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

F amily Member - individuals who meet the definition of c hild, son, daughter, spouse or parent.

G roup Health Plan - any plan of, or contributed to by, an employer (including a self-insured plan) to

provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.

H ealth Care Provider-

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

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

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

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

 

EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

 

 

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

M edically Necessary - certification for medical necessity is the same as certification for serious health

condition.

 

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

N ext of Kin - an individual's nearest blood relative

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

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

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

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

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

S erious Health Condition -

• An illness, injury, impairment, or physical or mental condition that involves:
• Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
• Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes:

--        A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:

--  Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or

--  Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

--     Any period of incapacity due to pregnancy or for prenatal care.

 

EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

 

 

Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.

A chronic serious health condition is one which:

--    Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;

--    Continues over an extended period of time (including recurring episodes of s single underlying condition); and

--    May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

--          A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.

Examples include Alzheimer's a severe stroke or the terminal stages of a disease.

--          Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

• Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition. Treatment does not include routine physical examinations, eye examinations or dental examinations. Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen). A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
• Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop. Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave. Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met. Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
• Substance abuse may be a serious health condition if the conditions of this section are met.

However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider. On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.

Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days. For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level. An employee who is pregnant may be unable to report to work because of severe morning sickness.

 

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

 

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

 

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

 

Adoption/Revision:

August 1995

June 1998

June 2001

June 2004

July 2007

August 2013

October 2016

September 2018

September 2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

STAFF PERSONNEL

 

Series 400

 

Policy Title: Use of Tobacco and Nicotine  Products

Code No.: 429

 

It is the goal of the board to have a tobacco and nicotine-free environment in all school district owned and operated motor vehicles and buildings. All school district owned or operated motor vehicles, buildings, or school district owned or leased property shall be off limits for use of tobacco and nicotine products.

 

This ban extends to all individuals. Persons violating this policy shall be asked to refrain from using tobaccos and nicotine products. Persons failing to abide by this request shall be required to leave the school district premises/property immediately.

 

It shall be the responsibility of all school district personnel to adhere to and enforce this policy.

 

 

(See Board Policy 921)

Date of Adoption/Revision:

August 8, 1988

July 22, 1991

August 1992

August 1995

August 1997

June 1998

June 2001

June 2004

July 2007

August 2013

October 2016

February 2020

April 2021