400 Personnel Policies Goals and Guiding Principles

400 Role and Guiding Principles for Employees

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

 

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

 

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

 

Date Board Adopted: 9/15/1986

Date Board Updated/Reviewed: 12/18/2017

 

401.1 Equal Employment Opportunity

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

 

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

 

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

 

Advertisements and notices for vacancies within the district will contain the following statement:  "The Denison Community School District is an EEO/AA employer."  The statement will also appear on application forms.

 

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Denison Community School District, 819 North 16th Street, Denison, Iowa 51442; or by telephoning 712-263-2176 . 

 

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Equal Employment Opportunity Commissions, 500 W. Madison St., Suite 2000, Chicago, IL, 60661, (800) 669-4000 or TTY (800) 669-6820. http://www.eeoc.gov/field/chicago/ or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or (800)-457-4416, http://www.iowa.gov/government/crc/.  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 Board Adopted: 7/16/2007

Date Board Updated/Reviewed: 12/18/2017

 

 

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

                                    42 U.S.C. §§ 2000e et seq. (2012).

                                    42 U.S.C. §§ 12101 et seq. (2012).

                        Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8 (2013). 281 I.A.C. 12.4; 14.1; 95.

 

401.10 Credit Cards

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

 

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

 

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

 

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

 

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

 

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 12/18/2017

 

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

                                    Iowa Code §§ 279.8, .29, .30 (2013).

                                    281 I.A.C. 12.3(1).

401.13 Staff Technology Use/Social Networking

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

 

General Provisions

 

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

 

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

           

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

 

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

 

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

 

Social Networking or Other External Web Sites

 

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

 

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

 

Date Board Adopted: 6/20/2011

Date Board Updated/Reviewed: 12/18/2017

 

Legal Reference:          Iowa Code § 279.8 (2013). 281 I.A.C. 13.35, .26

 

 

401.13R1 Staff Technology Use/Social Networking Regulation

General

 

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

 

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

 

Prohibited Activity and Uses

 

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

 

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

 

Other Technology Issues

 

Employees with personal cell phones should not be using the phones for school district business. Employees should contact students and their parents through the school district computer or phone unless in the case of an emergency or with prior consent of administration. Employees should not release their cell phone number, personal e-mail address, etc. to students or their parents. Employees, who are coaches or sponsors of activities, may create a text list of students and parents in order to communicate more effectively as long as the texts go to all students and administration are included in the text address list.

 

Nothing in this policy shall prohibit employees from exercising their right to speak on matters of public concern.  This policy is not intended to interfere with or restrain employees’ rights to engage in protected concerted activity under the Public Employment Relations Act, and will not be applied to such protected activity.

 

Date Board Adopted: 6/20/2011

Date Board Updated/Reviewed: 12/18/2017

 

 

401.2 Employee Conflict of Interest

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

It 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 Board Adopted: 10/11/1993

Date Board Updated/Reviewed: 12/18/2017

 

Legal Reference:          7 C.F.R. 3016.36(3)

Iowa Code §§ 20.7; 68B; 279.8; 301.28 (2013).

401.3 Nepotism

More than one family member may be an employee of the school district. 

 

The employment of more than one individual in a family is on the basis of their qualifications, credentials and records.

 

Date Board Adopted: 1/9/2009

Date Board Updated/Reviewed: 12/18/2017

 

Legal Reference:          Iowa Code §§ 20; 71; 277.27; 279.8 (2013).

401.4 Employee Complaints

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

 

Date Board Adopted: 1/19/2009

Date Board Updated/Reviewed: 12/18/2017

Legal Reference: Iowa Code §§ 20; 279.8

401.5 Employee Records

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

 

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

 

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

 

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

 

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

 

Date Board Adopted: 1/19/2009

Date Board Updated/Reviewed: 12/18/2017

 

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

401.5R1 Employee Records Regulation

Employee Personnel Records Content

 

1.     Employee personnel records may contain the following information:

 

  • Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.
  • Individual employment contract.
  • Evaluations.
  • Application, resume and references.
  • Salary information.
  • Copy of the employee's license or certificate, if needed for the position.
  • Educational transcripts.
  • Assignment.
  • Records of disciplinary matters.

 

2.     Employee health and medical records are kept in a file separate from the employee's personnel records.  Health and medical records may contain, but are not limited to:

 

  • Medical professional signed physical form.
  • Sick or long-term disability leave days.
  • Worker's compensation claims.
  • Reasonable accommodation made by the school district to accommodate the employee's disability.
  • Employee's medical history.
  • Employee emergency names and numbers.
  • Family and medical leave request forms.

 

3.     The following are considered public personnel records available for inspection:

 

  • The name and compensation of the individual, including any written agreement establishing compensation or any other terms of employment, except for that information that is otherwise protected. “Compensation” includes the value of benefits conferred including, but not limited to: casualty, disability, life or health insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments, retirement benefits and deferred compensation;
  • The dates the individual was employed by the government body;
  • The positions the individual holds or has held with the government body;
  • The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual’s previous employers, positions previously held and dates of previous employment;
  • The fact that the individual was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal and statutory remedies; and,
  • Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to the Family Educational Privacy Rights Act (FERPA.)

 

Applicant File Records Content

 

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

 

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

 

Record Access

 

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

 

Employee Record Retention

 

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

 

Date Board Adopted: 1/19/2009

Date Board Updated/Reviewed: 12/18/2017

407.1 Certified Employee Resignation

 
Resignations shall be in writing, signed by the resigning party, directed to the superintendent, and referred by the superintendent to the board with recommendations, as provided by statute.
 
This applies to regular contract for the certified employee’s regular duties and for extracurricular contract(s) for extra duty.  
 
The board may require an individual who has resigned from an extracurricular contract to accept the resigned position for only the subsequent school year when the board has made a good faith effort to find a replacement and the certified employee is continuing to be employed by the school district.
 
The board recognizes that there are circumstances which may force an employee to request release from a contract before the contract expiration date; therefore, personnel may be released from their contracts at anytime that suitable replacements can be secured.
 
Date Board Adopted 9/15/1986
Date Board Reviewed 1/20/2014
 
 
 
Iowa Code 91A.2, .3, .5; 279.13, .19A (2007)

 

407.10 Support Staff Employee Reduction in Force

 
The number of employees may be reduced due to a change in program, a change in the size or nature of the student population, or budgetary considerations.  Such reduction of employees shall be accomplished through normal staff attrition unless the best interests of the district shall otherwise dictate.  The reductions beyond normal staff attrition are to be made; fifteen (15) day notice of termination shall be given support staff.
 
Reduction of support staff will be by the inverse order of employment, unless the best interests of the district shall otherwise dictate.  If the superintendent recommends termination other than by inverse order of employment, the superintendent shall indicate the superintendent’s reasons to the board.
 
Date Board Adopted 1/21/2008
Date Board Reviewed 1/20/2014
 
 
Iowa Code 20.7, .24 (1995)

407.11 Employee Vacation, Holiday, and Personal Leaves

 
Vacations, holidays and personal leave shall be determined by the school calendar and shall include those agreed to in the district's collective bargaining agreement.
 
Paid holidays will be in accordance with the handbooks for support staff.  Support staff employees will be paid only for the hours they would have been scheduled for the day. 
 
Full-time annual employees who have served a full year (12 months) are entitled to one week vacation with pay.  After two full years of employment employees are entitled to two weeks vacation with pay; and, after five full years of employment, three weeks vacation with pay.  Vacation time may not accrue from one year to the next.  Vacation time needs to be authorized by the Business Manager or Business Manager’s Designee.   
 
At the beginning of each school year, each employee shall be credited with two (2) days to be used for the employee's personal business.  An employee planning to use a personal leave day or days shall apply for said leave to the business manager at least twenty-four (24) hours in advance except in cases of emergency.  The leave is subject to the approval of the Business Manager and with right of grievance.
 
Date Board Adopted 9/15/1986
Date Board Reviewed 1/20/2014
 
 
Iowa Code 1C.1-.2; 4.1(34); 20.9 (2007)

407.2 Certified Employee Contract Release

 
Certified employees who wish to be released from an executed contract must give at least twenty-one days notice to the superintendent.  Certified employees may be released at the discretion of the board.  Only in unusual and extreme circumstances will the board release a certified employee from a contract.  The board shall have sole discretion to determine what constitutes unusual and extreme circumstances.
 
Release from a contract shall be contingent upon finding a suitable replacement.  Certified employees requesting release from a contract after it has been signed and before it expires may be required to pay expenses incurred to locate and hire a suitable replacement.  Payment of these costs shall be a condition for release from the contract at the discretion of the board.  Failure of the certified employee to pay these expenses may result in a cause of action being filed in small claims court.
 
The superintendent is authorized to file a complaint with the Board of Educational Examiners against a certified employee who leaves without proper release from the board.

Date Board Adopted 7/17/2000
Date Board Reviewed 1/20/2014

 

 

Iowa Code 216; 272; 279.13, .19A, .46 (2007)
1978 Op. Att’y Gen. 247
1974 Op. Att’y Gen. 11, 322

 

407.3 Certified Employee Suspension

 
Certified employees shall perform their assigned duties, respect and follow board policy, and obey the law.  The superintendent is authorized to suspend a certified employee with or without pay pending board action on a discharge, during investigation of charges against the employee, or for disciplinary reasons.  The superintendent shall have discretion to suspend a certified employee with or without pay.
 
Appropriate due process will be afforded to an employee who is suspended.

Date Board Adopted 11/8/1999
Date Board Reviewed 1/20/2014
 
 
Northeast Comm. Education Assoc. v Northeast Comm. School Dist., 402 N.W. 2d 765 (Iowa 1987); McFarland v Board of Education of Norwalk Comm. School Dist, 277 N.W. 2d 901 (Iowa 1979); Iowa Code 20.7, .24; 279.13, .15-.19, .27 (2007)

 

407.4 Certified Employee Reduction in Staff-Procedure

 
The board has the exclusive authority to determine the appropriate number of certified employees.  A reduction of certified employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, and other reasons deemed relevant by the board.
 
The reduction in certified employees, other than administrators, will be done through normal attrition if possible.  If normal attrition does not meet the necessary reduction in force required, the board may terminate certified employees.
 
It shall be the responsibility of the superintendent to make a recommendation for termination to the board.  
 
Due process for terminations due to a reduction in force shall be followed.
 
Staff reductions shall be made in the manner described in the district's collective bargaining agreement.

Date Board Adopted 9/15/1986
Date Board Reviewed 1/20/2014
 
 
Iowa Code 20.7, .24; 279.13, .15-.19, .27 (2007)

407.6 Certified Employee-Early Retirement

The Board of Education of the Denison Community School District realizes the benefits its students and teachers will derive in having a staff with a balance of experienced employees and beginning employees. The District will benefit by having a gradual rotation of employees and can assist employees in long-term planning for health care. It is the intent of the District to provide a means whereby employees can continue to have health care coverage after retirement and prior to their eligibility for social security and Medicare benefits.

The Denison Community School District will assist in providing for insurance to full-time licensed employees who apply for voluntary early retirement and meet the eligibility and application requirements for this policy. The final decision on the acceptance of the early retirement application rests solely with the Denison Community School District Board of Directors and this policy will be in effect for the 2016-2017 school year only.

A. Eligibility Requirements:

1. Licensed employee possesses an employment contract with the Denison Community School District.

2. Licensed employee has reached age fifty-five (55) or will attain fifty-five (55) on or before July 1 of the year the application for early retirement is submitted.

3. Licensed employee has completed or will complete the end of the 2016-2017 school year at least ten (10) years of consecutive contracted service in the Denison Community School District.

4. The licensed employee is not subject to discharge for cause or has not been discharged from employment by the Denison Community School District.

B. Application Requirement:

1. Licensed employees wishing to apply for voluntary early retirement must submit the attached application to the Superintendent with a letter of resignation on or before February 1, 2017. Applications submitted after February 1, 2017, may be considered at the discretion of the Board depending on circumstances for the late application. Applications received after April 1 will not be considered by the Board. The Denison Community School Board of Directors reserves the right to limit the number of approved applications for early retirement. If the Board determines that it will be necessary to limit the number of approved applications they will use a process based on the date and time of each individual application for early retirement using the earliest application filed as the starting point and then moving forward chronologically first to last, until the established number to be accepted is reached. The board will have complete discretion to determine the number of applications that will be approved.

2. The licensed employee must retire by June 30th of the same year as the February 1, 2017 date above.

3. Approval of the application for voluntary early retirement constitutes termination of the licensed employee contract. Non-approval of the application for voluntary early retirement will void the letter of resignation that accompanied the application.

4. The licensed employee must apply for a retirement allowance under the IPERS plan or local teacher pension plan.

5. Approval by the Board of the licensed employee voluntary early retirement application shall constitute a voluntary resignation. Approval by the Board of the application for voluntary early retirement shall also make the licensed employee eligible for early retirement incentives as of July 1 of the same year as the February 1, 2017 date above.

C. Medical Insurance Benefit:

1. Upon voluntary early retirement, the licensed employee shall be eligible to continue participation in the Denison Community School District group insurance plan by meeting the requirements of the insurer.

2. Benefits payable by the District are only payable if consistent with the rules and regulations and/or other requirements of the District insurance company in force at the time of application for coverage. If continued coverage is not permitted by the District insurance carrier, all benefits will cease.

3. An employee who applies for early retirement prior to February 1, 2017 and who is granted early retirement benefits for 2017, shall be entitled to payment of a single premium for health insurance on a progressive schedule based on years of experience within the Denison Community School District. The following table will be used for calculation of benefits. The formula for calculation shall be number of unused sick leave days times the amount allowed per day. This amount shall be applied on a monthly basis toward the coverage of the individual health insurance provided by the District insurance carrier. The maximum accumulation of sick leave days to cap the amount of payment is 125 days.

Years of Experience:

10-14 years - Amount Paid/Unused Sick Leave is $1.25
15-19 years - Amount Paid/Unused Sick Leave is $1.50
20-24 years - Amount Paid/Unused Sick Leave is $1.75
25 years or more - Amount Paid/Unused Sick Leave is $2.00

If the employee does not have enough sick leave days to generate a payment of $100 per month, the District will provide a minimum benefit of $100 per month.

4. The licensed employee will be responsible for arranging a monthly payment schedule for their portion of the medical insurance premium and the cost of the additional premium if they wish to include their dependents. The payment schedule will be arranged with the Denison Community School District business office one month prior to the due date of the school district premium payment to the insurance carrier. In most cases the retiree will have to pay their portion of the group medical insurance premium on an after-tax basis.

5. Nothing herein shall limit the Denison Community School District's ability to change the terms of its existing medical insurance coverage, and this policy in no way guarantees a participating employee any certain level of benefits during the employee participating in the insurance benefits portion of the early retirement plan.

6. This insurance coverage shall cease when the licensed employee/retiree reaches the age for Medicare eligibility, secures other employment in which the employer provides insurance coverage, or dies. If dependent insurance coverage is carried at the time of the employee/retiree sixty-fifth birthday, that coverage may be continued through COBRA (Consolidated Omnibus Budget Reconciliation Act) for a set number of months according the law; or the employee/retiree may apply for the Retiree Comprehensive Medical Insurance and include his/her dependents.

D. Review:

1. The Denison Community School District Board of Directors has complete discretion to offer or not to offer an early retirement plan for licensed employees. The Board may discontinue the school district early retirement plan at any time. The Early Retirement Policy will be reviewed and/or revised each year no later than the December regular meeting of the Board of Directors.

2. Benefits allowed individuals for a previously approved early retirement application shall continue in effect if the early retirement policy is discontinued by the Denison Community School District Board of Directors.

3. The Denison Board of Directors reserves the right to modify without warning or notice the early retirement plan incentive benefits and maintains the right to change the group insurance carrier and benefits administrator.

4. A licensed employee who elects to participate in the district early retirement program will become a retired employee and will be entitled to all rights and privileges of an employee under applicable law and policies of Denison Community Schools. Licensed employees who elect to participate in the early retirement program shall not be eligible to be rehired in any capacity with the Denison Community School District nor shall the District be required to accept an application for employment from a licensed employee who elects to participate in the early retirement program.

Exception to #4: The District may hire a licensed employee who elects to participate in the early retirement program as a substitute teacher or in dire situations at the discretion of the superintendent.

Date Board Reviewed: 12/19/2016

Senate File 2366 77th General Assembly, 2nd Reg. Session. (1998);
29 U.S.C. 621 et seq. (2004); Iowa Code 97B; 216; 279.46; 509A.13 (2007); 581 I.A.C. 21; 1978 Op. Att Gen. 247; 1974 Op. Att Gen. 11, 322

407.7 Support Staff Employee- Early Retirement Plan

The Board of Education of the Denison Community School District realizes the benefits its students and teachers will derive in having a staff with a balance of experienced employees and beginning employees. The District will benefit by having a gradual rotation of employees and can assist employees in long-term planning for health care. It is the intent of the District to provide a means whereby employees can continue to have health care coverage after retirement and prior to their eligibility for social security and Medicare benefits.

The Denison Community School District will assist in providing for insurance to full-time employees who apply for voluntary early retirement and meet the eligibility and application requirements for this policy. The final decision on the acceptance of the early retirement application rests solely with the Denison Community School District Board of Directors and this policy will be in effect for the 2016-2017 school year only.

A. Eligibility Requirements:

1. Employee is in good standing with the Denison Community School District.

2. Employee has reached age fifty-five (55) or will attain fifty-five (55) on or before July 1 of the year the application for early retirement is submitted.

3. Employee has completed or will complete the end of the 2016-2017 school year at least ten (10) years of consecutive contracted service in the Denison Community School District.

4. The employee is not subject to discharge for cause or has not been discharged from employment by the Denison Community School District.

B. Application Requirement:

1. Employees wishing to apply for voluntary early retirement must submit the attached application to the Superintendent with a letter of resignation on or before February 1, 2017. Applications submitted after February 1, 2017, may be considered at the discretion of the Board depending on circumstances for the late application. Applications received after April 1 will not be considered by the Board. The Denison Community School Board of Directors reserves the right to limit the number of approved applications for early retirement. If the Board determines that it will be necessary to limit the number of approved applications they will use a process based on the date and time of each individual application for early retirement using the earliest application filed as the starting point and then moving forward chronologically first to last, until the established number to be accepted is reached. The board will have complete discretion to determine the number of applications that will be approved.

2. The employee must retire by June 30th of the same year as the February 1, 2017 date above.

3. Approval of the application for voluntary early retirement constitutes termination of the employee's contract. Non-approval of the application for voluntary early retirement will void the letter of resignation that accompanied the application.

4. The employee must apply for a retirement allowance under the IPERS plan or local pension plan.

5. Approval by the Board of the employee voluntary early retirement application shall constitute a voluntary resignation. Approval by the Board of the application for voluntary early retirement shall also make the employee eligible for early retirement incentives as of July 1 of the same year as the February 1, 2017 date above.

C. Medical Insurance Benefit:

1. Upon voluntary early retirement, the employee shall be eligible to continue participation in the Denison Community School District group insurance plan by meeting the requirements of the insurer.

2. Benefits payable by the District are only payable if consistent with the rules and regulations and/or other requirements of the District insurance company in force at the time of application for coverage. If continued coverage is not permitted by the District insurance carrier, all benefits will cease.

3. An employee who applies for early retirement prior to February 1, 2017 and who is granted early retirement benefits for 2017, shall be entitled to payment of a single premium for health insurance on a progressive schedule based on years of experience within the Denison Community School District. The following table will be used for calculation of benefits. The formula for calculation shall be number of unused sick leave days times the amount allowed per day. This amount shall be applied on a monthly basis toward the coverage of the individual health insurance provided by the District insurance carrier. The maximum accumulation of sick leave days to cap the amount of payment is 125 days.

Years of Experience:

10-14 years - Amount Paid/Unused Sick Leave is $1.25
15-19 years - Amount Paid/Unused Sick Leave is $1.50
20-24 years - Amount Paid/Unused Sick Leave is $1.75
25 years or more - Amount Paid/Unused Sick Leave is $2.00

If the employee does not have enough sick leave days to generate a payment of $100 per month, the District will provide a minimum benefit of $100 per month.

4. The employee will be responsible for arranging a monthly payment schedule for their portion of the medical insurance premium and the cost of the additional premium if they wish to include their dependents. The payment schedule will be arranged with the Denison Community School District business office one month prior to the due date of the school district premium payment to the insurance carrier. In most cases the retiree will have to pay their portion of the group medical insurance premium on an after-tax basis.

5. Nothing herein shall limit the Denison Community School District's ability to change the terms of its existing medical insurance coverage, and this policy in no way guarantees a participating employee any certain level of benefits during the employee participating in the insurance benefits portion of the early retirement plan.

6. This insurance coverage shall cease when the employee/retiree reaches the age for Medicare eligibility, secures other employment in which the employer provides insurance coverage, or dies. If dependent insurance coverage is carried at the time of the employee/retiree sixty-fifth birthday, that coverage may be continued through COBRA (Consolidated Omnibus Budget Reconciliation Act) for a set number of months according the law; or the employee/retiree may apply for the Retiree Comprehensive Medical Insurance and include his/her dependents.

D. Review:

1. The Denison Community School District Board of Directors has complete discretion to offer or not to offer an early retirement plan for employees. The Board may discontinue the school district early retirement plan at any time. The Early Retirement Policy will be reviewed and/or revised each year no later than the December regular meeting of the Board of Directors.

2. Benefits allowed individuals for a previously approved early retirement application shall continue in effect if the early retirement policy is discontinued by the Denison Community School District Board of Directors.

3. The Denison Board of Directors reserves the right to modify without warning or notice the early retirement plan incentive benefits and maintains the right to change the group insurance carrier and benefits administrator.

4. An employee who elects to participate in the district early retirement program will become a retired employee and will be entitled to all rights and privileges of an employee under applicable law and policies of Denison Community Schools. Employees who elect to participate in the early retirement program shall not be eligible to be rehired in any capacity with the Denison Community School District nor shall the District be required to accept an application for employment from an employee who elects to participate in the early retirement program.

Exception to #4: The District may hire an employee who elects to participate in the early retirement program as a substitute or in dire situations at the discretion of the superintendent.

Date Board Reviewed: 12/19/2016

Senate File 2366 77th General Assembly, 2nd Reg. Session. (1998);
29 U.S.C. 621 et seq. (2004); Iowa Code 97B; 216; 279.46; 509A.13 (2007); 581 I.A.C. 21; 1978 Op. Att Gen. 247; 1974 Op. Att Gen. 11, 322

407.8 Support Staff Suspension

 
Support staff employees shall perform their assigned duties, respect and follow board policy, and obey the law.  The superintendent is authorized to suspend a support staff employee with or without pay during investigation of charges against the employee, or for disciplinary reasons.  The superintendent shall have discretion to suspend a support staff employee with or without pay.
 
Appropriate due process will be afforded to an employee who is suspended.
 
Date Board Adopted 11/8/1999
Date Board Reviewed 1/20/2014
 
 
Northeast Comm. Education Assoc. v Northeast Comm. School Dist., 402 N.W. 2d 765 (Iowa 1987); McFarland v Board of Education of Norwalk Comm. School Dist., 277 N.W. 2d 901 (Iowa 1979); Iowa Code 20.7, .24 (2007)

407.9 Support Staff Employee Dismissal

 
The superintendent or superintendent’s delegated subordinate has the authority to suspend or dismiss the services of any support staff employee.  The employee shall have the right to a hearing before the board if the employee so desires.  The employee must request a hearing with the school board in writing to the superintendent within two working days of the suspension or dismissal.
 
A support staff employee may be dismissed for any reason, including, but not limited to, incompetence, willful neglect of duty, reduction in force, willful violation of board policy or administrative regulations, or a violation of the law.
 
Date Board Adopted 9/15/1986
Date Board Reviewed 1/20/2014
 
 
Iowa Code 20.7, .24 (2007)

401.7 Employee Travel Compensation

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

 

 

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 12/18/2017

 

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

                                    Iowa Code § 279.8 (2013). 1980 Op. Att'y Gen. 102.

401.8 Recognition for Service of Employees

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

 

 

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 12/18/2017

 

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

                                    Iowa Code § 279.8 (2013). 1980 Op. Att'y Gen. 102.

401.9 Employee Political Activity

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

 

Violation of this policy may be grounds for disciplinary action.

 

Date Board Adopted: 10/12/1992

Date Board Updated/Reviewed: 12/18/2017

 

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

402.1 Release of Credit Information

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

 

It is the responsibility of the financial secretary or business manager to respond to inquiries from creditors.

 

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 12/18/2017

 

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

402.2 Child Abuse Reporting

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

 

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

 

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

 

Date Board Adopted: 9/15/1986

Date Board Updated/Reviewed: 12/18/2017

 

Legal Reference:          Iowa Code §§ 232.67-.77; 232A; 235A; 280.17 (2013).

                                    441 I.A.C. 9.2; 155; 175.

                                    1982 Op. Att'y Gen. 390, 417. 1980 Op. Att'y Gen. 275.

402.3 Abuse of Students by District Employees

Physical or sexual abuse of students, including inappropriate and intentional sexual behavior, by employees will not be tolerated.  The definition of employees for the purpose of this policy includes not only those who work for pay but also those who are volunteers of the school district under the direction and control of the school district.  Employees found in violation of this policy will be subject to disciplinary action up to and including discharge.

 

The school district will respond promptly to allegations of abuse of students by school district employees by investigating or arranging for the investigation of an allegation.  The processing of a complaint or allegation will be handled confidentially to the maximum extent possible.  Employees are required to assist in the investigation when requested to provide information and to maintain the confidentiality of the reporting and investigation process.

 

The school district has appointed a Level I investigator and alternate Level I investigator.  The school district has also arranged for a trained, experienced professional to serve as the Level II investigator.  The Level I investigator and alternate will be provided training in the conducting of an investigation at the expense of the school district.  The names of the investigators are listed in the student handbook published annually in the local newspaper and posted in all school facilities.

 

Date Board Adopted: 7/13/1992

Date Board Updated/Reviewed: 12/18/2017

 

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

                                    281 I.A.C. 12.3(6), 102; 103.

                                    441 I.A.C. 155; 175.

                                    1980 Op. Att'y Gen. 275.

 

402.4 Gifts to Employees

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

 

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

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

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

              Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.

 

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

              Contributions to a candidate or a candidate's committee;

              Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;

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

              An inheritance;

              Anything available or distributed to the general public free of charge without regard to the official status of the employee;

              Items received from a charitable, professional, educational or business organization to which the employee belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;

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

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

              Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;

              Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;

              Funeral flowers or memorials to a church or nonprofit organization;  

              Gifts other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee

              Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;

 

              Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;

              Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or

              Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions.  The costs of food, drink, lodging and travel are not "registration costs" under this paragraph.  Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.

 

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

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

              A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or

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

 

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

 

Date Board Adopted: 10/11/1993

Date Board Updated/Reviewed: 12/18/2017

 

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

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

402.5 Public Complaints About Employees

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.  Prior to board action however, the following should be completed:

 

(a)  Matters should first be addressed to the teacher or employee.

(b)  Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the employee's building principal for licensed employees and the superintendent for classified employees.

(c)  Unsettled matters regarding licensed employees from (b) above or problems and questions concerning the school district should be directed to the superintendent.

(d)  If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board.  To bring a concern regarding an employee, the individual may notify the board president in writing, who may bring it to the attention of the entire board, or the item may be placed on the board agenda of a regularly scheduled board meeting in accordance with board policy 213.1.

 

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

 

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 12/18/2017

 

 

Legal Reference:  Iowa Code § 279.8 (2013).

402.6 Employee Outside Employment

The board believes the primary responsibility of employees is to the duties of their position within the school district as outlined in their job description.  The board considers an employee's duties as part of a regular, full-time position as full-time employment.  The board expects such employees to give the responsibilities of their positions in the school district precedence over any other employment.

 

It is the responsibility of the superintendent to counsel employees, whether full-time or part-time, if, in the judgment of the superintendent and the employee's immediate supervisor, the employee's outside employment interferes with the performance of the employee's duties required in the employee's position within the school district.

 

The board may request the employee to cease the outside employment as a condition of continued employment with the school district.

 

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 12/18/2017

 

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

403.1 Employee Physical Examinations

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

 

The cost of bus driver renewal physicals will be paid by the school district. The school district will provide the standard examination form to be completed by a certified medical examiner for bus drivers. 

 

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

 

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

 

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 12/18/2017

 

 

Legal Reference:          29 C.F.R. § 1910.1030.

                                    49 C.F.R. §§ 391.41 – 391.49.

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

403.2 Employee Injury on the Job

When an employee becomes seriously injured on the job, the employee’s supervisor will attempt to notify a member of the family, or an individual of close relationship, as soon as the employee’s supervisor becomes aware of the injury.

 

If possible, an employee may administer emergency or minor first aid.  An injured employee will be turned over to the care of the employee's family or qualified medical employees as quickly as possible.  The school district is not responsible for medical treatment of an injured employee.

 

It is the responsibility of the employee injured on the job to inform the district within twenty-four hours of the occurrence.  It is the responsibility of the employee to file an accident report within twenty-four hours after the injury.

 

It is the responsibility of the district office to file worker’s comp claims.

 

Date Board Adopted: 12/18/2017

Date Board Updated/Reviewed: 12/18/2017

.

Legal Reference:          Iowa Code §§ 85; 279.40; 613.17 (2013). 1972 Op. Att'y Gen. 177.

403.3 Communicable Diseases-Employees

Employees with a communicable disease will be allowed to perform their customary employment duties provided they are able to perform the essential functions of their position and their presence does not create a substantial risk of illness or transmission to students or other employees.  The term "communicable disease" will mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.

 

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

 

The health risk to immunodepressed employees is determined by their personal physician.  The health risk to others in the school district environment from the presence of an employee with a communicable disease is determined on a case-by-case basis by the employee's personal physician, a physician chosen by the school district or public health officials.

 

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

 

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

 

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 12/18/2017

 

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

                                    29 U.S.C. §§ 794, 1910 (2012).

                                    42 U.S.C. §§ 12101 et seq. (2012).

                                    45 C.F.R. Pt. 84.3 (2012).

                                    Iowa Code chs. 139(a); 141(a) (2013). 641 I.A.C. 1.2-.7.

403.3E1 Hepatitis B Vaccine Information and Record

The Disease

 

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

 

The Vaccine

 

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

 

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

 

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

 

Dosage and Administration

 

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

 

Possible Vaccine Side Effects

 

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

 

CONSENT FORM OF HEPATITIS B VACCINATION

 

I have knowledge of Hepatitis B and the Hepatitis B vaccination.  I have had an opportunity to ask questions of a qualified nurse or physician and understand the benefits and risks of Hepatitis B vaccination.  I understand that I must have three doses of the vaccine to obtain immunity.  However, as with all medical treatment, there is no guarantee that I will become immune or that I will not experience side effects from the vaccine.  I give my consent to be vaccinated for Hepatitis B.

 

 

Signature of Employee (consent for Hepatitis B vaccination)

 

Date

 

 

 

 

 

 

Signature of Witness

 

Date

 

REFUSAL FORM OF HEPATITIS B VACCINATION

 

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

 

 

Signature of Employee (refusal for Hepatitis B vaccination)

 

Date

 

 

 

 

 

 

Signature of Witness

 

Date

 

I refuse because I believe I have (check one)

 

                  started the series                                            completed the series

 

 

RELEASE FORM FOR HEPATITIS B MEDICAL INFORMATION

 

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

 

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

 

records for required employee records.

 

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

 

 

Signature of Employee

 

Date

 

 

 

 

 

 

Signature of Witness

 

Date

 

CONFIDENTIAL RECORD

 

 

 

 

 

 

 

Employee Name (last, first, middle)

 

Social Security No.

 

Job Title:

 

Hepatitis B Vaccination Date

Lot Number

Site

Administered by

1

 

2

 

3

 

Additional Hepatitis B status information:

 

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

 

Identification and documentation of source individual:

 

Source blood testing consent:

 

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

 

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

 

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

 

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

 

 

 

Date Board Adopted: 12/18/2017

Date Board Updated/Reviewed: 12/18/2017

403.3R1 Universal Precautions Regulation

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

 

Hand Washing

 

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

 

      Hands should be washed before physical contact with individuals and after contact is completed.

      Hands should be washed after contact with any used equipment.

      If hands (or other skin) come into contact with blood or body fluids, hands should be washed immediately before touching anything else.

      Hands should be washed whether gloves are worn or not and, if gloves are worn, after the gloves are removed.

 

Barriers

 

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

 

Disposal of Waste

 

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

 

Clean up

 

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

 

            Wear gloves.

            Clean up the spill with paper towels or other absorbent material.

            Use a solution of one part household bleach to one hundred parts of water (1:100) or other EPA-approved disinfectant and use it to wash the area well.

            Dispose of gloves, soiled towels and other waste in a plastic bag.

            Clean and disinfect reusable supplies and equipment.

 

Laundry

 

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

 

Exposure

 

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

 

            Always wash the exposed area immediately with soap and water.

            If a mucous membrane splash (eye or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly.

            If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.

 

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

 

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 12/18/2017

403.4 Hazardous Chemical Disclosure

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

 

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

 

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

 

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

 

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 12/18/2017

 

 

Legal Reference:          29 C.F.R. Pt. 1910; 1200 et seq. (2012).

                                    Iowa Code chs. 88; 89B (2013).

                                    347 I.A.C. 120.

403.5 Substance-Free Workplace

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

 

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

 

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

 

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

 

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

 

Date Board Adopted: 7/13/1992

Date Board Updated/Reviewed: 12/18/2017

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

                                    42 U.S.C. §§ 12101 et seq. (2012).

                                    34 C.F.R. Pt. 85 (2012). Iowa Code §§ 123.46; 124; 279.8 (2013).

403.5E1 Substance-Free Workplace Notice to Employees

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

 

"Workplace" is defined as the site for the performance of work done in the capacity as an employee.  This includes school district facilities, other school premises or school district vehicles.  Workplace also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

 

Employees who violate the terms of the Substance-Free Workplace policy may be required to successfully participate in a substance abuse treatment program approved by the administration.  The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy.  If the employee fails to successfully participate in such a program the employee is subject to discipline up to and including termination.

 

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

 

 

-----------------------------------------------------------------------------------------------------------------------------

 

 

SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM

 

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

 

 

(Signature of Employee)

 

(Date)

 

Date Board Adopted: 7/13/1992

Date Board Updated/Reviewed: 12/18/2017

403.5R1 Substance-Free Workplace Regulation

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

 

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

 

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

 

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

 

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

 

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 12/18/2017

403.6 Drug and Alcohol Testing Program

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

 

The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing.  Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol.  Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the school district contact person, transportation director at 819 North 16th Street, Denison, Iowa 51442.

 

Employees who violate the terms of this policy are subject to discipline, up to and, including termination. 

 

It is the responsibility of the transportation director to develop administrative regulations to implement this policy in compliance with the law.  The transportation director will inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.

 

The transportation director will also be responsible for publication and dissemination of this policy and supporting administrative regulations and forms to employees operating school vehicles.  The superintendent will also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.

 

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

 

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

 

Date Board Adopted: 12/11/1995

Date Board Updated/Reviewed: 12/18/2017

 

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

                                         49 U.S.C. §§ 5331 et seq. (2012).  42 U.S.C. §§ 12101 (2012).

                                         41 U.S.C. §§ 81 (2012).  49 C.F.R. Pt. 40; 382; 391 (2012).

                                         34 C.F.R. Pt. 85 (2012).  Local 301, Internat'l Assoc. of Fire Fighters,                       AFL-CIO, and City of Burlington, PERB  No. 3876 (3-26-91).

                                     Iowa Code §§ 124; 279.8; 321.375(2); 730.5 (2013).

403.6E1 Drug and Alcohol Testing Program Notice to Employees

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

 

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

 

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

 

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

 

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

 

Date Board Adopted: 12/11/1995

Date Board Updated/Reviewed: 912/18/2017

403.6E2 Drug and Alcohol Program and Pre-Employment Drug Test Acknowledgement Form

DRUG & ALCOHOL PROGRAM AND PRE-EMPLOYMENT TESTING

ACKNOWLEDGMENT FORM

 

 

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

                                            

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

 

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

 

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

 

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

 

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

 

(Signature of Employee)                                                                            (Date)

Date Board Adopted: 12/11/1995

Date Board Updated/Reviewed: 12/18/2017

405.1 Licensed Employee

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

 

It is the responsibility of the superintendent to establish job specifications and job descriptions for licensed employees' positions, other than the position of the superintendent. 

 

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

 

Date Board Adopted: 12/18/2017

Date Board Updated/Reviewed: 12/18/2017

 

 

Legal Reference:          Clay v. Independent School District of Cedar Falls, 187 Iowa 89, 174 N.W. 47 
   (1919).

                                    Iowa Code §§ 256.7(3); 272; 279.8 (2013).

                                    281 I.A.C. 12.4

                                    282 I.A.C. 14. 1940 Op. Att'y Gen. 375.

405.2 Licensed Employee Qualifications, Recruitment and Selection

Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," will have an opportunity to apply and qualify for licensed positions in the school district in accordance with applicable laws and school district policies regarding equal employment.  Job applicants for licensed positions will be considered on the basis of the following:

 

      Training, experience, and skill;

      Nature of the occupation;

            Demonstrated competence; and

      Possession of, or ability to obtain, state license if required for the position.

 

All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system. Additional announcements of the position may occur in a manner which the superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired.

 

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

 

Date Board Adopted: 7/16/2007

Date Board Updated/Reviewed: 12/18/2017

 

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

                                    42 U.S.C. §§ 2000e, 12101 et seq.

                                    Iowa Code §§ 20; 35C; 216; 279.13.

                                    281 I.A.C. 12.

                                    282 I.A.C. 14. 1980 Op. Att'y Gen. 367.

407.1 Licensed Employee Resignation

Licensed employees who desire to be released from properly executed contracts must submit a signed and dated request directed to the superintendent, , stating the reason(s) for the request, who will refer said request to the Board of Education at its next regular or special meeting.

 

While the Board recognizes that there may occasionally exist unusual circumstances to justify unconditional and untimely release from a contract, normally a release will not be granted unless the Board has reasonable assurance that a suitable replacement can be found without undue cost.  The Board reserves the right to consider each request for release on its own merits and make its decision on a case-by-case basis. 

 

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

 

In the event that an employee terminates his/her employment without proper release, the superintendent, or designee, is directed to file a complaint against said employee with the Iowa Board of Educational Examiners.

 

Date Board Adopted: 7/20/2015

Date Board Updated/Reviewed: 12/18/2017

 

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

407.2 Licensed Employee Contract Release

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

 

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

 

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

 

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 12/18/2017

 

Legal Reference:          Iowa Code §§ 216; 272; 279.13, .19A, .46 (2013).

                                    1978 Op. Att'y Gen. 247. 1974 Op. Att'y Gen. 11, 322.

407.3 Licensed Employee Retirement

The Board of Education of the Denison Community School District realizes the benefits its students and teachers will derive in having a staff with a balance of experienced employees and beginning employees. The District will benefit by having a gradual rotation of employees and can assist employees in long-term planning for health care. It is the intent of the District to provide a means whereby employees can continue to have health care coverage after retirement and prior to their eligibility for social security and Medicare benefits.

 

The Denison Community School District will assist in providing for insurance to full-time licensed employees who apply for voluntary early retirement and meet the eligibility and application requirements for this policy. The final decision on the acceptance of the early retirement application rests solely with the Denison Community School District Board of Directors and this policy will be in effect for the 2017-2018 school year only.

 

A. Eligibility Requirements:

1. Licensed employee possesses an employment contract with the Denison Community School District.

2. Licensed employee has reached age fifty-five (55) or will attain fifty-five (55) on or before July 1 of the year the application for early retirement is submitted.

3. Licensed employee has completed or will complete the end of the 2017-2018 school year at least ten (10) years of contracted service in the Denison Community School District.

4. The licensed employee is not subject to discharge for cause or has not been discharged from employment by the Denison Community School District.

 

B. Application Requirement:

1. Licensed employees wishing to apply for voluntary early retirement must submit the attached application to the Superintendent with a letter of resignation on or before February 16, 2018. Applications submitted after February 16, 2018, may be considered at the discretion of the Board depending on circumstances for the late application. The Denison Community School Board of Directors reserves the right to limit the number of approved applications for early retirement. If the Board determines that it will be necessary to limit the number of approved applications they will use a process based on the date and time of each individual application for early retirement using the earliest application filed as the starting point and then moving forward chronologically first to last, until the established number to be accepted is reached. The board will have complete discretion to determine the number of applications that will be approved.

2. The licensed employee must retire by June 30th of the same year as the February 16, 2018 date above.

3. Approval of the application for voluntary early retirement constitutes termination of the licensed employee contract. Non-approval of the application for voluntary early retirement will void the letter of resignation that accompanied the application.

4. The licensed employee must apply for a retirement allowance under the IPERS plan or local teacher pension plan.

5. Approval by the Board of the licensed employee voluntary early retirement application shall constitute a voluntary resignation. Approval by the Board of the application for voluntary early retirement shall also make the licensed employee eligible for early retirement incentives as of July 1 of the same year as the February 16, 2018 date above.

 

C. Medical Insurance Benefit:

1. Upon voluntary early retirement, the licensed employee shall be eligible to continue participation in the Denison Community School District group insurance plan by meeting the requirements of the insurer.

2. Benefits payable by the District are only payable if consistent with the rules and regulations and/or other requirements of the District insurance company in force at the time of application for coverage. If continued coverage is not permitted by the District insurance carrier, all benefits will cease.

3. An employee who applies for early retirement prior to February 16, 2018 and who is granted early retirement benefits for 2018, shall be entitled to payment of a single premium for health insurance on a progressive schedule based on years of experience within the Denison Community School District. The following table will be used for calculation of benefits. The formula for calculation shall be number of unused sick leave days times the amount allowed per day. This amount shall be applied on a monthly basis toward the coverage of the individual health insurance provided by the District insurance carrier. The maximum accumulation of sick leave days to cap the amount of payment is 125 days.

 

Years of Experience:

10-14 years - Amount Paid/Unused Sick Leave is $1.25 (2017-2018 school year only and will be removed if the policy is used in the future)

15-19 years - Amount Paid/Unused Sick Leave is $1.50 (2017-2018 school year only and will be removed if the policy is used in the future)

20-24 years - Amount Paid/Unused Sick Leave is $2.00

25-29 years - Amount Paid/Unused Sick Leave is $2.50

30 years or more - Amount Paid/Unused Sick Leave is $3.00

 

4. The licensed employee will be responsible for arranging a monthly payment schedule for their portion of the medical insurance premium and the cost of the additional premium if they wish to include their dependents. The payment schedule will be arranged with the Denison Community School District business office one month prior to the due date of the school district premium payment to the insurance carrier. In most cases the retiree will have to pay their portion of the group medical insurance premium on an after-tax basis.

5. Nothing herein shall limit the Denison Community School District's ability to change the terms of its existing medical insurance coverage, and this policy in no way guarantees a participating employee any certain level of benefits during the employee participating in the insurance benefits portion of the early retirement plan.

6. This insurance coverage shall cease when the licensed employee/retiree reaches the age for Medicare eligibility, secures other employment in which the employer provides insurance coverage, or dies. If dependent insurance coverage is carried at the time of the employee/retiree sixty-fifth birthday, that coverage may be continued through COBRA (Consolidated Omnibus Budget Reconciliation Act) for a set number of months according the law; or the employee/retiree may apply for the Retiree Comprehensive Medical Insurance and include his/her dependents.

 

D. Review:

1. The Denison Community School District Board of Directors has complete discretion to offer or not to offer an early retirement plan for licensed employees. The Board may discontinue the school district early retirement plan at any time.

2. Benefits allowed individuals for a previously approved early retirement application shall continue in effect if the early retirement policy is discontinued by the Denison Community School District Board of Directors.

3. The Denison Board of Directors reserves the right to modify without warning or notice the early retirement plan incentive benefits and maintains the right to change the group insurance carrier and benefits administrator.

4. A licensed employee who elects to participate in the district early retirement program will become a retired employee and will be entitled to all rights and privileges of an employee under applicable law and policies of Denison Community Schools. Licensed employees who elect to participate in the early retirement program shall not be eligible to be rehired in any capacity with the Denison Community School District nor shall the District be required to accept an application for employment from a licensed employee who elects to participate in the early retirement program.

 

Exception to #4: The District may hire a licensed employee who elects to participate in the early retirement program as a substitute teacher or in dire situations at the discretion of the superintendent.

 

Date Board Updated/Reviewed: 1/15/2018

 

 

Legal Reference:          Iowa Code §§ 97B; 216; 279.46 (2013).

                                    581 I.A.C. 21.

                                    1978 Op. Att'y Gen. 247. 1974 Op. Att'y Gen. 11, 322.

407.4 Licensed Employee Suspension

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

 

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

 

Date Board Adopted: 11/8/1999

Date Board Updated/Reviewed: 12/18/2017

 

Legal Reference:          Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765, 769 (Iowa 1987).

                                    McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979); 402.N.W. 2d 765, 769 (Iowa 1987)

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

407.5 Licensed Employee Reduction in Force

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

 

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

 

It is the responsibility of the superintendent to make a recommendation for termination to the board.  The process for reduction in force shall be as follows:

 

The district’s collective bargaining agreement outlines the process.

 

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

 

Date Board Adopted: 9/15/1986

Date Board Updated/Reviewed: 12/18/2017

 

 

Legal Reference: Iowa Code §§ 20; 279

408 Employee Conflict of Interest

 
 
Employees' use of their position with the school district for financial gain shall be considered a conflict of interest with their position as employees and may subject employees to disciplinary action.
 
Employees have access to information and a captive audience that could award the employee personal or financial gain.  No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the superintendent.  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 shall not act as an agent or dealer for the sale of textbooks or other school supply companies doing business with the school district.  Employees shall not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents.  Employees shall not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school district.
 
It shall also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities.  In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest shall be deemed to exist shall include, but not be limited to, any of the following:
 
(1) The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district's badge, uniform, business card or other evidences of the 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, providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.
 
When procurement is supported by Federal Child Nutrition funds, employees will not participate in the selection, award, or administration of a contract if there is a real or apparent conflict of interest in the contract.  Contract, for purposes of this paragraph, includes a contract where the employee, employee’s immediate family, partner, or a non-school district employer of these individuals is a party to the contract. 
 
It shall be the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.
 
Date Board Adopted 10/11/1993
Date Board  Reviewed 1/20/2014
 
 
 
Iowa Code 20.7; 68B; 279.8; 301.28 (2007)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                          
 

 

408.1 Licensed Employee Professional Development

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

 

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

 

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

 

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 12/18/2017

 

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

409.1 Employee Vacation Holidays Personal Leave

The board will determine the amount of vacation, holidays, and personal leave that will be allowed on an annual basis for licensed employees and it will be outlined in the employee handbook and/or collective bargaining agreement.

 

Support staff employees will be paid only for the hours they would have been scheduled for the day. 

 

Full-time annual employees who have served a full year (12 months) are entitled to one week vacation with pay.  After two full years of employment employees are entitled to two weeks vacation with pay; and, after five full years of employment, three weeks vacation with pay.  Vacation time may not accrue from one year to the next.  Vacation time needs to be authorized by the superintendent or superintendent’s designee.

 

Date Board Adopted 9/15/1986

Date Board Reviewed 12/18/2017

 

 

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

409.3 Employee Family and Medical Leave

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as July 1 to June 30. Requests for family and medical leave will be made to the superintendent. 

 

Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.  Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.  It is the responsibility of the superintendent to develop administrative rules to implement this policy. 

 

Date Board Adopted 5/9/1994

Date Board Reviewed 12/18/2017

 

 

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

                                    29 C.F.R. § 825

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

409.3E1 Employee Family and Medical Leave Notice to Employees

This document is available at:

 

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

 

 

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

 

Date Board Adopted 5/9/1994

Date Board Reviewed 12/18/2017

 

409.3E2 Employee Family and Medical Leave Request Form

Denison Community School District uses the forms found on the United States Department of Labor website for Family and Medical Leave Act.

 

 

·       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)

 

Date Board Adopted 5/9/1994

Date Board Reviewed 12/18/2017

409.3R1 Employee Family and Medical Leave Request Regulation

Code No.  409.3R1

 

EMPLOYEE FAMILY AND MEDICAL LEAVE 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:

 

a. 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;

b. 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;

c. 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

d. 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.  

 

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

 

1. The school district has more than 50 employees on the payroll at the time leave is requested;

 

2. The employee has worked for the school district for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and,

 

3. The employee has worked at least 1,250 hours within the previous year.  Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.

 

C. Employee requesting leave -- two types of leave.

 

1. Foreseeable family and medical leave.

 

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

b. 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.

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

 

 

2. Unforeseeable family and medical leave.

 

a. Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.

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

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

 

1. Six purposes.

 

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

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

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

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

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

f. because the employee is the spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.

 

2. Medical certification.  

 

a. When required:

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

(2) Employees shall be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.

(3) Employees shall be required to present certification of the call to active duty when taking military family and medical leave.

b. Employee's medical certification responsibilities:

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

(2) The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the school district has reason to doubt the validity of the certification an employee submits.  The second health care provider cannot, however, be employed by the school district on a regular basis.

(3) If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the serious health condition.  This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district.  This certification or lack of certification is binding upon both the employee and the school district.

c. Medical certification will be required fifteen days after family and medical leave begins unless it is impracticable to do so.  The school district may request recertification every thirty days.  Recertification must be submitted within fifteen days of the school district's request.

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

 

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

 

E. Entitlement.

 

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

 

2. Year is defined as: 

 School year

 

3. If insufficient leave is available, the school district may:

a. Deny the leave if entitlement is exhausted

b. Award leave available

 

F. Type of Leave Requested.

 

1. Continuous - employee will not report to work for set number of days or weeks.

 

2. Intermittent - employee requests family and medical leave for separate periods of time.

a. Intermittent leave is available for:

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

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

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

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

b. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.

c. During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits.  

 

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

 

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

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

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

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

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

b. In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.

c. 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.  

 

G. Special Rules for Instructional Employees.

 

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

 

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

 

a. Take leave for the entire period or periods of the planned medical treatment; or,

b. Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.

 

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

 

a. 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.

b. 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.

c. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.

 

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

 

H. Employee responsibilities while on family and medical leave.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

1.    Family and medical leave is unpaid after six weeks of paid leave is exhausted by employee if they have accumulated up to six weeks of paid leave.  If they have not, the entire leave is unpaid.

 

Date Board Adopted 5/9/1994

Date Board Reviewed 12/18/2017

 

 

 

.

 

409.3R2 Employee Family and Medical Leave Definitions

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

 

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

 

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

 

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

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

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

        --     treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a the health care provider. Any period of incapacity due to pregnancy or for prenatal care. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:

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

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

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

        Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Health Care Provider-

      A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or

      Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and

      Nurse practitioners and nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and

      Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts;

      Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;

      A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.

 

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

 

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

 

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

 

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

 

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

 

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

 

Next of Kin - an individual's nearest blood relative

 

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

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

 

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

 

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

 

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

 

Serious Health Condition -

         An illness, injury, impairment, or physical or mental condition that involves:

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

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

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

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

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

--      Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:

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

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

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

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

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

       

        Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.

        Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.

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

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

 

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

 

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

 

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

 

Date Board Adopted 5/9/1994

Date Board Reviewed 12/18/2017

409.6 Employee Jury Duty Leave

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

 

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

 

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

 

Date Board Adopted 9/15/1986

Date Board Reviewed 12/18/2017

 

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

409.7 Employee Military Service Leave

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

 

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

 

Date Board Adopted 9/15/1986

Date Board Reviewed 12/18/2017

 

Legal Reference:          Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

                                    Iowa Code §§ 20; 29A.28 (2013).

410.1 Substitute Teachers

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

 

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

 

Properly certified substitutes shall be paid on a daily rate for their teaching services.  Such rate shall be set annually by the board at the time salary schedules are considered and established.  A substitute who serves in a specific assignment for a period in excess of twenty (20) consecutive teaching days shall be paid at one and a half times the board approved substitute daily rate after the twentieth consecutive day of substituting, and will be retroactive to the first day of the substitute period, but is not eligible for any benefits extended to full time employees.

 

Date Board Adopted 9/15/1986

Date Board Reviewed 12/18/2017

 

Legal Reference:          Iowa Association of School Boards v. PERB, 400 N.W.2d 571 (Iowa 1987).

                                    Iowa Code §§ 20.1, .4(5), .9; Ch.272 (2013).

                                    281 I.A.C. 12.4.

410.3 Truancy Officer

The building principal or principal’s designee of each building shall serve as the building's truancy officer.

 

The truancy officer will investigate the cause of a student's truancy and attempt to ensure the student's attendance.  The truancy officer may take the student into custody. The truancy officer will attempt to contact the student's parents when the student is taken into custody.

 

Date Board Adopted 7/17/2000

Date Board Reviewed 12/18/2017

\

 

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

411.1 Support Staff Defined

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

 

It is the responsibility of the superintendent to establish job specifications and job descriptions for support staff positions. 

 

Support staff employees required to hold a license for their position must present evidence of their current license to the district office prior to payment of wages each year.

 

Date Board Adopted 12/18/2017

Date Board Reviewed 12/18/2017

 

Legal Reference: Iowa Code §§ 20; 279.8.

411.2 Support Staff Qualifications, Recruitment, Selection

Persons interested in a support staff position will have an opportunity to apply and qualify for support staff positions in the school district in accordance with applicable laws and school district policies regarding equal employment.  Job applicants for support staff positions will be considered on the basis of the following:

 

      Training, experience, and skill;

      Nature of the occupation;

      Demonstrated competence; and

      Possession of, or ability to obtain, state or other license or certificate, if required, for the position.

 

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

 

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

 

Date Board Adopted 1/16/2017

Date Board Reviewed 12/18/2017

 

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

                                    42 U.S.C. §§ 2000e; 12101 et seq.

                                    Iowa Code §§ 20; 35C; 216; 256.27; 279.8; 279.20; 281 I.A.C. 12

413.2 Support Staff Retirement

The Board of Education of the Denison Community School District realizes the benefits its students and teachers will derive in having a staff with a balance of experienced employees and beginning employees. The District will benefit by having a gradual rotation of employees and can assist employees in long-term planning for health care. It is the intent of the District to provide a means whereby employees can continue to have health care coverage after retirement and prior to their eligibility for social security and Medicare benefits.

 

The Denison Community School District will assist in providing for insurance to full-time employees who apply for voluntary early retirement and meet the eligibility and application requirements for this policy. The final decision on the acceptance of the early retirement application rests solely with the Denison Community School District Board of Directors and this policy will be in effect for the 2017-2018 school year only.

 

A. Eligibility Requirements:

1. Employee is in good standing with the Denison Community School District.

2. Employee has reached age fifty-five (55) or will attain fifty-five (55) on or before July 1 of the year the application for early retirement is submitted.

3. Employee has completed or will complete the end of the 2017-2018 school year at least ten (10) years of contracted service in the Denison Community School District.

4. The employee is not subject to discharge for cause or has not been discharged from employment by the Denison Community School District.

 

B. Application Requirement:

1. Employees wishing to apply for voluntary early retirement must submit the attached application to the Superintendent with a letter of resignation on or before February 16, 2018. Applications submitted after February 16, 2018, may be considered at the discretion of the Board depending on circumstances for the late application. The Denison Community School Board of Directors reserves the right to limit the number of approved applications for early retirement. If the Board determines that it will be necessary to limit the number of approved applications they will use a process based on the date and time of each individual application for early retirement using the earliest application filed as the starting point and then moving forward chronologically first to last, until the established number to be accepted is reached. The board will have complete discretion to determine the number of applications that will be approved.

2. The employee must retire by June 30th of the same year as the February 16, 2018 date above.

3. Approval of the application for voluntary early retirement constitutes termination of the employee's contract. Non-approval of the application for voluntary early retirement will void the letter of resignation that accompanied the application.

4. The employee must apply for a retirement allowance under the IPERS plan or local pension plan.

5. Approval by the Board of the employee voluntary early retirement application shall constitute a voluntary resignation. Approval by the Board of the application for voluntary early retirement shall also make the employee eligible for early retirement incentives as of July 1 of the same year as the February 16, 2018 date above.

 

C. Medical Insurance Benefit:

1. Upon voluntary early retirement, the employee shall be eligible to continue participation in the Denison Community School District group insurance plan by meeting the requirements of the insurer.

2. Benefits payable by the District are only payable if consistent with the rules and regulations and/or other requirements of the District insurance company in force at the time of application for coverage. If continued coverage is not permitted by the District insurance carrier, all benefits will cease.

3. An employee who applies for early retirement prior to February 16, 2018 and who is granted early retirement benefits for 2018, shall be entitled to payment of a single premium for health insurance on a progressive schedule based on years of experience within the Denison Community School District. The following table will be used for calculation of benefits. The formula for calculation shall be number of unused sick leave days times the amount allowed per day. This amount shall be applied on a monthly basis toward the coverage of the individual health insurance provided by the District insurance carrier. The maximum accumulation of sick leave days to cap the amount of payment is 125 days.

 

Years of Experience:

10-14 years - Amount Paid/Unused Sick Leave is $1.25 (2017-2018 school year only and will be removed if the policy is used in the future)

15-19 years - Amount Paid/Unused Sick Leave is $1.50 (2017-2018 school year only and will be removed if the policy is used in the future)

20-24 years - Amount Paid/Unused Sick Leave is $2.00

25-29 years - Amount Paid/Unused Sick Leave is $2.50

30 years or more - Amount Paid/Unused Sick Leave is $3.00

 

4. The employee will be responsible for arranging a monthly payment schedule for their portion of the medical insurance premium and the cost of the additional premium if they wish to include their dependents. The payment schedule will be arranged with the Denison Community School District business office one month prior to the due date of the school district premium payment to the insurance carrier. In most cases the retiree will have to pay their portion of the group medical insurance premium on an after-tax basis.

5. Nothing herein shall limit the Denison Community School District's ability to change the terms of its existing medical insurance coverage, and this policy in no way guarantees a participating employee any certain level of benefits during the employee participating in the insurance benefits portion of the early retirement plan.

6. This insurance coverage shall cease when the employee/retiree reaches the age for Medicare eligibility, secures other employment in which the employer provides insurance coverage, or dies. If dependent insurance coverage is carried at the time of the employee/retiree sixty-fifth birthday, that coverage may be continued through COBRA (Consolidated Omnibus Budget Reconciliation Act) for a set number of months according the law; or the employee/retiree may apply for the Retiree Comprehensive Medical Insurance and include his/her dependents.

 

D. Review:

1. The Denison Community School District Board of Directors has complete discretion to offer or not to offer an early retirement plan for employees. The Board may discontinue the school district early retirement plan at any time.

2. Benefits allowed individuals for a previously approved early retirement application shall continue in effect if the early retirement policy is discontinued by the Denison Community School District Board of Directors.

3. The Denison Board of Directors reserves the right to modify without warning or notice the early retirement plan incentive benefits and maintains the right to change the group insurance carrier and benefits administrator.

4. An employee who elects to participate in the district early retirement program will become a retired employee and will be entitled to all rights and privileges of an employee under applicable law and policies of Denison Community Schools. Employees who elect to participate in the early retirement program shall not be eligible to be rehired in any capacity with the Denison Community School District nor shall the District be required to accept an application for employment from an employee who elects to participate in the early retirement program.

 

Exception to #4: The District may hire an employee who elects to participate in the early retirement program as a substitute or in dire situations at the discretion of the superintendent.

 

Date Board Reviewed: 1/15/2018

 

Legal Reference:          29 U.S.C. §§ 621 et seq. (2012).

                                    Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46 (2013).

                                    1978 Op. Att'y Gen. 247.

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

413.3 Support Staff Suspension

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

 

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

 

Date Board Adopted 11/8/1999

Date Board Reviewed 12/18/2017

 

Legal Reference:          Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765, 769 (Iowa 1987).

                                    McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).

                                    Iowa Code §§ 20.7, .24 (2013).

            

413.4 Support Staff Dismissal

The superintendent or superintendent’s delegated subordinate has the authority to suspend or dismiss the services of any support staff employee.  The employee shall have the right to a hearing before the board if the employee so desires.  The employee must request a hearing with the school board in writing to the superintendent within two working days of the suspension or dismissal.

 

A support staff employee may be dismissed for any reason, including, but not limited to, incompetence, willful neglect of duty, reduction in force, willful violation of board policy or administrative regulations, or a violation of the law.

 

Date Board Adopted 9/15/1986

Date Board Reviewed 12/18/2017

 

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

413.5 Support Staff Reduction in Force

It is the exclusive power of the board to determine when a reduction in classified employees is necessary.  Employees who are terminated due to a reduction in force will be given fifteen (15) days notice.  Due process will be followed for terminations due to a reduction in force.

 

The superintendent will consider the relative qualifications, skills, ability and demonstrated performance through evaluation procedures in making the reduction in force.

 

Date Board Adopted 1/21/2008

Date Board Reviewed 12/18/2017

 

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