400 Personnel

400 Role of and Guiding Principles for Personnel

This series of the board policy manual is devoted to the board’s goals and objectives for personnel in the performance and benefits of their job. School district personnel provide an important service 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 school district employee plays a vital role in providing an equal opportunity for a quality education for students commensurate with their individual needs. While the teachers have the most direct impact on the formal instruction of students, all school district personnel have an impact on the school environment by their dedication to their work, their actions and their manners. As role models for the students, school district personnel shall strive to promote a cooperative, enthusiastic, and supportive learning environment for the students.

 

In striving to achieve a quality educational program, the board’s goal will be to obtain and retain qualified and effective school district personnel. 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, in accordance with applicable law. 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. The board shall strive to fulfill this duty.

 

Board policies in this series relating to general personnel shall apply to school district personnel regardless of their position as a certified or classified employee. Board policies relating to certified personnel shall apply to positions that require a teaching or administrative certificate or other professional license, certificate, or endorsement, unless administrative positions are specifically excluded from the policy. Classified personnel policies included in this series shall apply to positions that do not require a teaching or administrative certificate or other professional license, certificate, or endorsement.

 

 

Approved 01/28/91             Reviewed 01/19/2015               Revised 01/19/2015 

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401 General Personnel and Internal Relations

401.1 General Personnel Orientation

Employees must know their role and their duties as school district employees. School district personnel shall be required to participate in an orientation program for new employees. It shall be the responsibility of the direct supervisor to provide the new employee with a review of the employee’s responsibilities, duties and appropriate procedures. Payroll procedures and employee benefit programs will also be explained to the employee by the benefits administrator.
 
New employees will be required to assume the responsibilities of their position immediately.  Administration and the immediate supervisor shall be available to answer questions.
 
 
Legal Reference:                    Iowa Code §279.8
 
Approved   01/28/91               Reviewed 01/19/2015          Revised 01/19/2015

401.2 Equal Employment Opportunity

The PCM Community School District shall 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 shall 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 shall be given notice of this policy annually.
 
The board shall appoint an equal employment opportunity/affirmative action coordinator. The equal employment opportunity/affirmative action coordinator shall have the responsibility for drafting and implementing the equal employment opportunity and affirmative action plans. The equal employment opportunity and affirmative action plans shall be evaluated and updated 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, Iowa Department of Education, and other relevant agencies for the position for which they apply.  In employing individuals, the board shall consider the qualifications, credentials, and records of the applicants without regard to race, color, national origin, sex, physical or mental disability, age, religion, creed, sexual orientation, gender identity, or genetic information, in accordance with applicable law. In keeping with the law, the board shall consider the veteran status of applicants.
 
Advertisements and notices for vacancies within the district shall contain the following statement: “The PCM Community School District is an equal employment opportunity/affirmative action employer.” The statement shall 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, shall be directed to the Equal Employment Opportunity/Affirmative Action Coordinator, PCM Community School District, P.O. Box 610, Monroe, IA  50170; or by telephoning (641) 259-2316.
 
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 Iowa Civil Rights Commission, Grimes State Office Building, 400 E. 14th St., Des Moines, IA 50319, 515-281-4121; the U.S. Equal Employment Opportunity Commission, Chicago District Office, 500 W. Madison St., Ste. 2000, Chicago, IL 60661, 1-800-669-4000; and/or the U.S. Department of Education Office for Civil Rights, Chicago Office, Citigroup Center, 500 W. Madison St., Ste. 1475, Chicago, IL 60661, 312-730-1560. This inquiry or complaint to the state or federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.
 
 
Further information and copies of the procedures for filing a complaint are available in the school district’s central administrative office and the administrative office in each attendance center.
 
 
Legal Reference: 29 U.S.C. §§ 621-634.
29 U.S.C. § 206(d)
42 U.S.C. §§ 2000e et seq.
42 U.S.C. §§ 12101 et seq.
Iowa Code §§ 19B; 35C; 216; 279.8.
281 I.A.C. 95.
 
Approved   01/28/91       Reviewed 01/19/2015    Revised 01/19/2015

Uploaded Files: 

401.2R1 Affirmative Action Complaint Program

The school district has an established policy of equal employment opportunity with respect to race, religion, color, sex, sexual orientation, gender identity, creed, physical or mental disability, age and national origin. The district has an established policy of taking affirmative action in recruitment, appointment, assignment and advancement of underrepresented men and women, minorities and the disabled.
 
PCM’s administration is expected to know of and fully accept the equal employment opportunity and affirmative action policies and to make certain that no employee or applicant for employment shall suffer any form of discrimination because of race, religion, color, sex, age, sexual orientation, gender identity, creed, national origin or physical or mental disability. All applicable state and federal laws and regulations shall be followed.
 
In order to effectively communicate and interpret the district’s policies to all levels of the administration and to all other employees, community and educational agencies, and the public in general, the following will be undertaken:
 
A. Dissemination of Policy.

  1. Employees will be reminded annually of the district’s written statement of policy by:
    1. Description of policy by publication or reference in all issues or re-issues of personnel handbooks.
    2. Posting of the policy on the district’s website.
    3. Detailed discussions at administrative conferences and staff meetings where applicable.
  2. Employment advertisements will contain assurance of equal employment opportunity and affirmative action.
  3. All employment and recruiting sources where jobs are listed by the district will be reminded of our policy, both verbally and in writing.
  4. Notices informing employees and applications of their rights under federal and state civil rights laws will be posted on bulletin boards and in locations where applicants are interviewed.

B. Responsibility for Implementing the Equal Employment Opportunity/Affirmative Action Program. Responsibility is assigned to the Equal Employment Opportunity/Affirmative Action coordinator, who will render full assistance and support for those seeking help and assistance in implementing the equal employment opportunity program and taking affirmative action.
 
C. Recruiting. Additional emphasis will be given to seeking and encouraging applicants from minority groups, men's and women’s groups and the disabled where such applicants with the necessary qualifications or potentials are available.
 
D. Training.

  1. Periodic training regarding equal employment opportunity/affirmative action shall be provided to all staff who hire or supervise personnel.
  2. All training and in-service programs supported or sponsored by the district will continue to be equally open to all employees on the basis of qualifications.

E. Hiring, Placement, Transfer, Lay-Off and Recall. The district recognizes that to accomplish the long-range objectives of its equal employment opportunity policy, continued affirmative action steps must be taken to ensure that job opportunities of all kinds are called to the specific attention of members of minority groups, men, women, and the disabled and that qualified members of such groups should be offered positions on the same basis as all other applicants or employees. To assure achievement of the objectives, the district will periodically review its practices in hiring job applicants.
 
F. Compensation. All employees will receive compensation in accordance with the same standards. Opportunities for performing overtime work or otherwise earning increased compensation will be afforded to all qualified employees as determined by the school district, without discrimination based on race, religion, color, sex, age (except for students), sexual orientation, gender identity, creed, national origin, or physical or mental disability.
 
This Equal Employment Opportunity/Affirmative Action Program will be reviewed and updated biennially.
 
Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action, including but not limited to complaints of discrimination, shall be directed to the Equal Employment Opportunity/Affirmative Action Coordinator of the PCM Community School District, at P.O. Box 610, Monroe, IA 50170; (641) 259-2751. Inquiries or complaints may also be directed, in writing, to the Iowa Civil Rights Commission, Grimes State Office Building, 400 E. 14th St., Des Moines, IA 50319, 515-281-4121; the U.S. Equal Employment Opportunity Commission, Chicago District Office, 500 W. Madison St., Ste. 2000, Chicago, IL 60661, 1-800-669-4000; and/or the U.S. Department of Education Office for Civil Rights, Chicago Office, Citigroup Center, 500 W. Madison St., Ste. 1475, Chicago, IL 60661, 312-730-1560. Such inquiry or complaint to the state or federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.
 
Further information and copies of the procedures for filing a complaint are available in the district’s central administrative office and the administrative office of each district attendance center.
 
 
Approved 01/28/91     Reviewed 01/19/2015    Revised 01/19/2015

401.3 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 supplies, including but not limited to sports apparel or equipment, in any transaction related to the school district. Employees shall not participate for personal financial remuneration in outside work or 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 necessarily be limited to, any of the following:

  1. The outside employment or activity involves the use of the school district’s time, facilities, equipment or supplies or the use of the school district’s badge, uniform, business card or other evidences of office or employment to give the employee or member of 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 or being related to an employee of the school district.
  2. The outside employment or activity involves the receipt of, promise of, or acceptance of money 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 immediately cease the employment or activity. If the outside activity or employment falls under (3), then the employee must, unless otherwise provided by law:

  • 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, conducting any inspection, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.

 
It 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. An employee should not participate in any action relating to the issue from which the conflict arose.
 
 
Legal Reference: Iowa Code §§ 68B.2A; 279.8; 301.28.
 
Approved   01/28/91       Reviewed 01/19/2015    Revised 01/19/2015

401.4 Nepotism

More than one family member may be an employee of the school district.  However, an employee may not directly supervise another member of their family. If this situation occurs, the district will arrange for an alternate supervisor.
 
The employment by the board of more than one individual in a family shall be on the basis of their qualifications, credentials and records.
 
For purposes of this policy, a family member shall be deemed a person related within the third degree by birth or marriage.
 
 
Legal Reference:                    Iowa Code §§ 71.1; 279.8.
 
Approved   01/28/91       Reviewed 02/16/2015       Revised   02/16/2015    

401.5 General Personnel Complaints

Complaints of employees against fellow employees should be discussed directly between employees. If necessary, complaints shall be brought directly to the immediate supervisor, principal or superintendent and should be made in a constructive and professional manner. Reasonable efforts shall be made to make sure complaints are not to be made in the presence of other employees, students or outside persons.
 
A formal grievance procedure is contained in the Master Contract between the employee’s certificated bargaining unit and the board. This policy shall not apply for an item that has been filed or for an item that could be filed at the employee’s discretion under that formal grievance procedure.
 
 
Legal Reference: Iowa Code §§ 20.9; 279.8.
 
Approved   01/28/91       Reviewed 01/19/2015    Revised 01/19/2015

401.6 General Personnel Records

The school district shall maintain personnel records on employees. The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.
 
The records shall include, but not be limited to, records necessary for the daily administration of the school district, salary records, evaluations, application for employment, references, and other items needed to carry out board policy.
 
Employee personnel files are school district records and may be considered confidential records under the law, and therefore may not be open to public inspection or accessibility. If considered confidential, employee personnel records will be accessible to individuals other than the employee or authorized school officials only when the employee has given a signed consent or upon court order or as otherwise required by law.
 
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 and in the presence of the superintendent or designee. The school district may charge a reasonable fee for each copy. However, employees will not be allowed access to the employment references written on behalf of the employee. Board members will generally only have access to an employee’s file without the consent of the employee when it is necessary for the conducting of board business.
 
It shall be the responsibility of the superintendent to keep employee’s personnel files current.  The board secretary shall be the custodian of employee records.
 
It shall be the responsibility of the superintendent to develop administrative regulations for the implementation of this policy.
 
 
Legal Reference: Iowa Code 22; 91B.
 
Approved   01/28/91       Reviewed 01/19/2015    Revised 01/19/2015

401.6R1 Employee Records Regulations

Employee Personnel Records Content
Employee personnel records may contain, but are not limited to, the following information:

  • Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.
  • Application, resume and references, except those that shall be kept confidential according to state and federal law.
  • Educational transcripts.
  • Copy of the employee’s license or certificate, if needed for the position.
  • Individual employment contract.
  • Assignment and/or job description.
  • Salary information.
  • Tax documents, including, but not limited to IRS Form W-4.
  • Evaluations.
  • Performance improvement plans.
  • Records of disciplinary matters.
  • Receipts and/or acknowledgements of any employee-related material, including policies and handbooks.
  • Letters of termination and/or resignation.
  • Documentation relating to an employee’s employment ceasing

 
Employee health and medical records shall be kept in a file separate from the employee’s personnel records. Health and medical records may contain, by are not limited to:

  • Employee’s medical history, including but not limited to, medical records and/or notes.
  • Employee emergency names and numbers.
  • Medial professional signed physical form.
  • Sick or long-term disability leave days.
  • Family and medical leave request forms.
  • Worker’s compensation claims.
  • Reasonable accommodation made by the school district to accommodate the employee’s disability

 
Employee immigration forms, specifically Form I-9, are kept separate from employee personnel records.
 
Applicant File Records Content
Records on applicants for positions with the school district shall be maintained in the central administration office. The records may contain, but not be limited to:

  • Application for employment.
  • Resume.
  • References, except those that shall be kept confidential according to state and federal law.
  • Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.
  • Affirmative action form, if submitted.

 
Record Access
The board shall allow current and former employees access to their files pursuant to state and federal law.
 
Only authorized school officials shall have access to an employee’s records without the written consent of the employee. Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary. In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee’s health or medical file without the consent of the employee. Board members will generally only have access to an employee’s personnel file without the consent of the employee when necessary for the conducting of board business.
 
The general public may have access to an employee’s personnel records and/or personnel information as permitted by law. Specifically, the general public may have access to the following information:

  • An employee’s name and compensation, including any written agreement establishing compensation or any other terms of employment excluding any information otherwise protected under the law.
    • Compensation means payment of, or agreement to pay, any money, thing of value, or financial benefit conferred in return for labor or services rendered by an official, officer or employee plus the value of benefits conferred including but not limited to casualty, disability, life, or health insurance, other health or wellness benefits, vacation leave, holiday leave, sick leave, severance payments, retirement benefits, and deferred compensation.
  • The dates the employee was employed by the District
  • The positions the employee holds or has held with the District.
  • The educational institutions attended by the employee, including any diplomas and degrees earned, and the names of the employee’s previous employers, positions previously held, and dates of previous employment.
  • The fact that the employee was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal, and statutory remedies.

 
Employee Record Retention
All employee records, except payroll and salary records, shall be maintained for a minimum of seven (7) years after termination of employment with the district. Applicant records shall be maintained for minimum of three (3) years after the position was filled. Payroll and salary records shall be maintained for a minimum of three (3) years after payment.
 
 
Approved   11/16/98       Reviewed 01/19/2015    Revised 01/19/2015

401.7 General Personnel Relations to Administration and to the Board

School district personnel are encouraged to attend school board meetings. School district personnel shall be available to provide information and assist in providing recommendations to the board upon request. The employees shall keep the board informed through the administration about educational trends and issues that may assist the board. It shall be the responsibility of the employees to keep the administration informed about the day-to-day occurrences in their work areas.
 
It shall be the responsibility of the superintendent to develop avenues for communication between the board and the employees. These avenues of communication will not be construed as denying the right of any employee to appeal any action or decision of the superintendent to the board.
 
 
Legal Reference: Iowa Code §§ 273.1; 279.8
 
Approved   01/28/91       Reviewed 01/19/2015    Revised 01/19/2015

401.8 General Personnel Involvement in Decision Making

Input from school district personnel regarding the students, the educational program and other school district operations will be considered by the administration and the board. School district personnel may be requested to make a presentation to the board. The administration, in its discretion, may consult with employees about proposed changes in the educational program and operations of the school district.
 
Personnel having suggestions for changes or improvements in administrative procedure or policy should take such suggestions directly to the principal and/or the superintendent. The principal or superintendent will give the employee a fair and courteous hearing regarding the same. After a final decision is made on any policy or procedure, employees will be expected to accept the same in their subsequent actions, discussions and relations.
 
 
Legal Reference: Iowa Code §§ 273.1; 279.8.
 
Approved   01/28/91       Reviewed 01/19/2015    Revised 01/19/2015

401.9 Use of School District Facilities & Equipment by General Personnel

The primary purpose of the school district facilities and equipment is the delivery of the educational program. Resources for school equipment are limited. Each user must operate the equipment with the utmost care. School district employees may use school equipment for any school purpose or activity held during the school day or for a school-sponsored event. School district personnel may not use school equipment for nonschool-sponsored events. School equipment must be checked-out with the building principal or superintendent. If the equipment is damaged or destroyed, the employee responsible will pay for repair or replacement of that equipment.

 

School district personnel shall be issued a key and/or key card/fob to the building to which they are assigned, unless their position requires additional keys be issued to them. Employees shall be responsible for the keys assigned to them. If an employee loses their key and/or key card/fob, the employee will be charged $25 for a replacement.

 

A request by an employee to use the facilities for nonschool-related business must be approved by the principal or the principal’s designee. Such a request will not supersede any prior request made by another individual or organization. The employee will be responsible to meet the same requirements as other individuals or organizations using the facilities.

 

Legal Reference:        Iowa Code §§ 256.12, 273.1, 279.8, 297.9 (1989).

 

Approved   1/28/91       Reviewed 07/16/2018    Revised 07/16/2018

401.10 Use of School Materials for Internal Communications

School materials are purchased and used for the delivery of the educational program. School district employees may use the school district materials for internal communication between themselves when the communication is directly related to the educational program. Communications distributed to or between school district personnel shall also be distributed to the building principal and the superintendent.
 
When the communication will involve unusual expense or use of materials, the employee must first have permission of the principal.
 
 
Legal Reference: Iowa Code §§ 273.1, 279.8 (1989).
 
Approved   1/28/91       Reviewed 01/19/2015    Revised 01/19/2015

401.11 Transporting of Students by General Personnel

Generally, transportation of students shall be in a motor vehicle owned by the school district and driven by a school bus driver. In some cases, it may be more economical or efficient for the school district to allow an employee of the district to transport the students in their personal motor vehicle or in a school district motor vehicle, other than a school bus.
 
School district employees who transport students for school purposes must have the permission of the superintendent or principal.
 
This policy statement applies to transportation of students for school purposes in addition to the regular bus route transporting students to and from their designated attendance center.
 
 
Legal Reference: Iowa Code §§ 285; 321.; 281 I.A.C. 22.
 
Approved   01/28/91       Reviewed 02/16/2015       Revised 02/16/2015  

401.12 Employee Travel Compensation

Employees traveling on behalf on the school district and performing approved school district business will be reimbursed for their actual and necessary expenses. Actual and necessary travel expenses will include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses and registration costs.
 
Travel outside the School District
Travel outside the school district must be pre-approved by the building administrator or superintendent. Pre-approval shall include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business. 
 
Reimbursement for actual and necessary expenses will be allowed for travel outside the school district if the employee received pre-approval for the travel. Pre-approved expenses for registration shall be limited to the actual cost of the registration. Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed receipt, other than a credit card receipt, indicating the date, purpose and nature of the expense for each claim item. In exceptional circumstances, the superintendent may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances shall be maintained as part of the school district’s record of the claim.
 
Failure to have a detailed receipt shall make the expense a personal expense. Personal expenses, including mileage, in excess of that required for the trip shall be reimbursed by the employee to the school district no later than ten (10) working days following the date of submission for the expense reimbursement.
 
Pre-approved expenses for transportation within three hundred miles of the school district administrative office will be by automobile. The employee will be reimbursed 40 cents per mile only if a school district vehicle is not available.
 
Travel within the School District
Employees required to travel in their personal vehicle between school district buildings to carry out duties of their position may be reimbursed at 40 cents per mile. It shall be the responsibility of the superintendent to approve travel within the school district by employees. It shall be the responsibility of the board to review the travel within the school district by the superintendent through the board’s audit and approval process.
 
Employees who are allowed an in-school district travel allowance shall have the amount of the allowance actually received during each calendar year included on the employee’s W-2 form as taxable income according to the Internal Revenue Code.
 
The superintendent shall be responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment of school district vehicles. The administrative regulations shall include the appropriate forms to be filed for reimbursement to the employee from the school district and the procedures for obtaining approval for travel outside of and within the school district.
 
 
Legal Reference: Iowa Constitution, Art. III, § 31; Iowa Code §§ 70A.9-.11; 1980 Op. Att’y Gen. 512.
 
Approved   01/28/91       Reviewed 02/16/2015      Revised 02/16/2015   

401.12R1 Employee Travel Compensation Regulation

Expenses for employee travel shall be at the most reasonable rate and the most efficient available. Employees shall work with the Business Office in making travel arrangements prior to travel dates.
 
Meals
Pre-approved expenses for meals within the state will be reimbursed at a rate not to exceed $40.00 per day. Pre-approved expenses for meals outside the state will be reimbursed at a rate not to exceed $60.00 per day. Expenses for meals during trips not requiring an overnight stay will be reimbursed at a rate $12.00 per meal and taxed appropriately under the IRS law.
 
Hotel
The District will reimburse hotel expenses for overnight stays required for attendance at the meeting or conference. Detailed hotel bills and/or statements must be submitted for reimbursement.
 
Airfare
Travelers must arrange for the most economic airfare available. Receipts and ticket stubs must be submitted for reimbursement.
 
Automobile
The employee will be reimbursed 40 cents per mile only if a school district vehicle is not available.
 
Other Authorized Expenses
Other expenses may be reimbursed provided proper, detailed documentation is submitted.
 
Unauthorized Expenses
Personal items such as, but not limited to, alcoholic beverages, entertainment, personal telephone calls, laundry or dry cleaning are not authorized expenses and therefore will not be reimbursed.
 
 
Approved 02/16/2015         Reviewed ______      Revised ______   

401.14 Recognition for Service of General Personnel

The board recognizes and appreciates the service of its employees. Employees who have served the school district longer than five (5) years may be honored by the board, administration and/or staff. Additionally employees who retire or resign may be honored by the administration and staff.

 

If the form of honor thought appropriate by the administration and/or staff involves unusual expense to the school district, the individual or group wishing to honor the employee shall seek approval from the superintendent and the superintendent shall seek prior approval from the board.

 

Legal Reference:                   

Iowa Constitution, Art. III, § 31.

Iowa Code §§ 279.8

1980 Op. Att’y Gen. 102.

 

Approved   01/28/91       Reviewed 11/16/2015      Revised 11/16/2015 

401.15 General Personnel Political Activity

Employees of the district should be free of the feeling of coercion. In light of this, employees shall not participate in a coercive nature toward other employees or students to support a given candidate or a specific political issue upon property under the jurisdiction of the board or at district activities or events. Activities could include, but are not limited to, posting of political circulars or petitions, the distribution of political circulars or petitions, the collection of and/or solicitation for campaign funds, solicitation for campaign workers, and the use of students for writing or addressing political materials, or the distribution of such materials to or by students, are specifically prohibited.

 

A special focus should be made throughout this policy on the word coercive. This policy is in no way intended to limit curriculum decisions regarding curriculum which might be of a current events or political nature, so long as such decisions are not coercive or politically biased in nature, and the students involved are not pressured into supporting one specific political candidate or issue.

 

Violation of this policy may be grounds for disciplinary action.

 

Legal Reference:                   

Iowa Code §§ 55; 279.8.

 

Approved   01/28/91       Reviewed 11/16/2015       Revised   11/16/2015 

401.16 Credit Cards

Employees may use the school district credit card(s) 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, professional development of the board and employees, and other expenses required by employees and the board in the performance of their duties.

 

Employees and officers using a school district credit card must submit a detailed receipt in addition to a credit card receipt indicating the date, purpose and nature of the expense for each claim item. Failure to provide a proper receipt shall make the employee responsible for expenses incurred. Expenses charged to a school district credit card and which the employee is responsible shall be reimbursed to the school district no later than ten (10) 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 shall be maintained as part of the school district's record of the claim.

 

If an employee or officer uses a district issued credit card for personal purchases/transactions in violation of this policy, the cost of such purchases/transactions will be the financial responsibility of that employee or officer and the employee or officer will be expected to reimburse the district for the full amount of the unauthorized purchase/transaction. In addition to financial responsibility for any purchases/transactions an employee makes with a company credit card in violation of this policy, such actions may result in revocation of card privileges and/or disciplinary or other legal action, depending upon the severity and nature of the offense.

 

The district will review and reconcile district credit card statements and purchases/transactions on a monthly basis and will verify that any items that were purchased were actually received. The district will take action to follow up on any identified discrepancies in a timely manner. No employee or officer will be allowed to review and approve their own purchases/transactions. All credit card balances will be paid in full on a monthly basis.

 

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

 

If an employee or officer loses a district issued credit card or has a district issued credit card stolen, the employee or officer must report the loss or theft of the credit card to the district immediately. Upon report of a lost or stolen credit card, the district will notify the issuer of the card of the loss or theft.

 

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

 

Legal Reference:              

Iowa Constitution, Art. III, § 31.

Iowa Code §§ 279.8, .29, .30 (1995).

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

 

Approved   8/22/95       Reviewed 11/16/2015       Revised   11/16/2015      

402 General Personnel and Outside Relations

402.1 Release of Credit Information

The following information will be released to any entity with whom a school district employee has applied for credit or has obtained credit:  title of position, annual gross wages, and number of years employed. This information will be released without prior written notice to the employee. Confidential information about the employee will not be released to an inquiring creditor without a written authorization from the employee.

 

It shall be the responsibility of the superintendent or superintendent’s designee to respond to inquiries from creditors.

 

Legal Reference:                   

Iowa Code §§ 22.7; 279.8.

 

Approved   01/28/91       Reviewed 11/16/2015       Revised   11/16/2015    

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 employees are encouraged, and employees who are mandatory reporters are required, to report alleged incidents of child abuse they become aware of within the scope of their professional duties and which they reasonably believe to have occurred. The definition of child abuse is in the accompanying regulation.

 

When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter shall both orally and in writing notify the Iowa Department of Human Services. If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency shall also be notified. The oral report shall be made within twenty-four hours. Within forty-eight hours of the oral report, the mandatory reporter shall file the written report with the Iowa Department of Human Services.

 

Upon initial employment, mandatory reporters shall take a two-hour training course involving the identification and reporting of child abuse or submit proof that the training has previously been completed. The course shall be re-taken at least every five years.

 

Legal Reference:                   

Iowa Code §§ 232.67-.77; 235A.

441 I.A.C. 175.

 

Approved   01/28/91       Reviewed   11/16/2015      Revised 11/16/2015   

402.2R1 Child Abuse Reporting Regulations

Iowa law requires licensed school employees to report to the Iowa Department of Human Services (DHS) instances of reasonably suspected child abuse which they become aware of within the scope of their professional practice and responsibilities.

 

The law further specifies that such an employee who knowingly and willfully fails to report a suspected case of child abuse is guilty of a simple misdemeanor and that such an employee who knowingly fails to make such a report or who knowingly interferes with the making of such a report may be subject to civil liability for damages caused by the failure or interference.

 

Employees participating in good faith in the making of a report or in a judicial proceeding that may result from the report are immune from liability.

 

Child Abuse Defined

A "child" is any person under the age of eighteen years. “Child abuse” is defined as:

  • Any non-accidental physical injury, or injury which is at variance with the history given of it, suffered by a child as the result of the acts or omissions of a person responsible for the care of the child.
  • Any mental injury to a child's intellectual or psychological capacity as evidenced by an observable and substantial impairment in the child's ability to function within the child's normal range of performance and behavior as the result of the acts or omissions of a person responsible for the care of the child, if the impairment is diagnosed and confirmed by a licensed physician or qualified mental health professional as defined in Iowa Code section 622.10.
  • The commission of a sexual offense with or to a child...as a result of the acts or omissions of the person responsible for the care of the child. Sexual offense includes sexual abuse, incest, and sexual exploitation of a minor.
  • The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing or other care necessary for the child’s health and welfare, when financially able to do so or when offered financial or other reasonable means to do so. A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child.
  • The acts or omissions of a person responsible for the care of a child which allow, permit or encourage the child to engage in acts prohibited pursuant to Iowa Code, section 725.1 which deals with prostitution.
  • An illegal drug is present in a child's body as a direct and foreseeable consequence of the acts or omissions of the person responsible for the care of the child.
  • The person responsible for the care of a child has, in the presence of the child, manufactured a dangerous substance, or in the presence of the child possesses a product containing ephedrine, its salts, optical isomers, salts of optical isomers, or pseudoephedrine, its salts, optical isomers, salts of optical isomers, with the intent to use the product as a precursor or an intermediary to a dangerous substance.
  • The commission of bestiality in the presence of a minor by a person who resides in a home with a child, as a result of the acts or omissions of a person responsible for the care of the child.
  • Knowingly allowing a person custody or control of, or unsupervised access to a child or minor, after knowing the person is required to register or is on the sex offender registry for a violation of Iowa Code section 726.6, which deals with child endangerment.

 

Teachers in public schools are not “persons responsible for the care of the child” under this definition. However, a teacher who abuses a child is subject to civil, criminal, and professional sanctions.

 

Reporting Procedures

Licensed employees, including teachers and school nurses, as well as certified paraeducators and holders of coaching authorizations are required to report, both orally and in writing, to the Iowa Department of Human Services (DHS) when the employee, in the scope of his or her employment responsibilities, reasonably believes a child has suffered from abuse. Such persons shall also report the abuse of a child who is under twelve years of age which would be considered child abuse under the sexual offense and prostitution definitions set out above except that the abuse resulted from the acts or omissions of a person other than a person responsible for the care of the child. The oral report shall be made within twenty-four hours. If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency shall also be notified. Within forty-eight hours of the oral report, a written report must be filed with DHS.

 

Each report should contain as much of the following information as can be obtained under the circumstances:

  • name, age, and home address of the child;
  • name and home address of the parents, guardians or other persons believed to be responsible for the care of the child;
  • the child’s present whereabouts if not the same as the parent’s or other person’s home address;
  • nature and extent of injuries, including evidence of previous injuries;
  • name, age, and condition of other children in the same home;
  • any other information considered helpful regarding the cause of injury, person responsible for the injury, or in providing assistance to the child; and,
  • name and address of the person making the report.

 

It is not the responsibility of employees to prove that a child has been abused or neglected. Employees should not take it upon themselves to investigate the case or contact the family of the child. The DHS is responsible for investigating the incident of alleged abuse. All employees shall cooperate with DHS in any investigation.

 

Approved 01/28/91    Reviewed 11/16/2015     Revised 11/16/2015  

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, and to do so in a reasonably prudent manner. 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(s), and has arranged for or contracted with a trained, experienced professional to serve as the Level II investigator. The Level I investigator and alternate(s) will be provided training in the conducting of an investigation at the expense of the school district. Each year, the names and telephone numbers of the Level I and alternate Level I investigators shall be listed in the student handbook and posted in all school facilities.

 

The superintendent or superintendent’s designee is responsible for drafting administrative regulations in accordance with the rules adopted by the Iowa Department of Education to implement this policy.

 

Legal Reference:                   

Iowa Code §280.17.

281 I.A.C. 102.

 

Approved   01/28/91       Reviewed   11/16/2015       Revised 11/16/2015   

402.3R1 Abuse of Students by School District Employees Regulation

Pursuant to Chapter 102 of the School Rules of Iowa, abuse may fall into either of the two following categories.

  1. Physical Abuse – The non-accidental physical injury to a student as a result of the actions of a District employee.  Physical abuse may occur as the result of intentional infliction of injury or excessive, unnecessary, or unreasonable use of force in discipline.
  2. Sexual Abuse – Sexual offenses or misconduct as defined by Iowa Code Chapter 709.  This definition also encompasses acts or omission of the District employee that allow, permit, or encourage the student to engage in prostitution as defined by Iowa law.

 

To constitute a violation of the Iowa Code, acts or omissions of the employee must have occurred on school grounds, on school time, on a school-sponsored activity, or in a school-related context.

 

It shall be the responsibility of the superintendent/designee to annually identify a designated investigator and an alternate investigator. The names and telephone numbers of these investigators shall be included in the employee handbooks.

 

When an employee receives a report of alleged abuse of a student by a District employee, the report shall immediately be given to the designated investigator or their alternate if the investigator is named in the report. The investigator shall then make and provide a copy of the report to the person filing, the student's parent/guardian and the District employee named in the report. Within five school days of receipt of the report, the investigator shall conduct an informal investigation to determine whether the allegations are true. In the course of this investigation, the investigator shall interview the alleged victim, the District employee named in the report, and any collateral sources who may have knowledge of the circumstances contained in the report. The investigator shall exercise prudent discretion to preserve the confidentiality interests of the individuals involved.

 

The investigator's role is not to determine the guilt or innocence of the involved party, but whether it is likely that an incident took place between the student and the District employee. If, in the investigator's opinion, the magnitude of the allegations suggests immediate and professional investigation is necessary, the investigator may waive informal investigation. In such cases, the investigator shall contact appropriate law enforcement officials, the child's parent/guardian, and the person filing the report, and shall document in writing the action taken. 

 

Within fifteen (15) calendar days of receipt of the report, the investigator shall complete a written investigative report which shall include those items required by Chapter 102.9 of the Iowa Code. If the report is founded by a preponderance of the evidence, the investigator shall promptly notify law enforcement in case of sexual abuse allegations. The investigator may notify law enforcement authorities in serious cases of physical abuse. In addition, the investigator shall (1) file a copy of the report with the District employee's supervisor, (2) file a complaint with the Board of Educational Examiners in cases involving a licensed District employee, and (3) document all actions taken. 

 

Any record created by an investigation shall be handled subject to formally adopted or bargained policies on the maintenance of personnel records.

 

Approved 01/28/91    Reviewed 11/16/2015    Revised 11/16/2015  

402.4 Solicitations from Outside

Generally, employees should be free from solicitations at their place of employment. No organization or individual may solicit employees or distribute flyers or other material within school facilities or on school grounds without the approval of the superintendent.

 

No employee shall be made responsible, or assume responsibility, for the collection of money or the distribution of fund drive literature within the schools unless such activity has been approved by the superintendent.

 

Legal Reference:                   

Iowa Code §§ 279.8.

 

Approved   01/28/91       Reviewed 11/16/2015       Revised   11/16/2015    

402.5 Gifts to Employees

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

 

Employees and their immediate family members shall not, either directly or indirectly, solicit, accept or receive any gift, series of gifts or an honorarium unless the donor does not meet the definition of “restricted donor” stated below or the gift or honorarium does not meet the definition of "gift" or "honorarium" stated below. However, employees may receive nonmonetary gifts of a value less than $3.00 if the donor does not intend to influence the employee’s professional judgment. Employees may receive a gift on behalf of the district.

 

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

  • Is or is seeking to be a party to any one or any combination of sales, purchases, leases or contracts to, from or with the school district;
  • Is engaged in activities which are regulated or controlled by the district;
  • Will personally be, or is the agent of a person who 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 and received. However, a “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 functions, 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 bona fide 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, registration, 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;
  • Food and beverages provided at a meal that is part of a bona fide event or program at which the recipient is being honored for public service;
  • Nonmonetary items with a value of three dollars or less that are received from any one donor during one calendar day;
  • Items or services solicited by or given to a state, national or regional government organization in which the state of Iowa or a school district is a member;
  • Items or services received by members or representatives of members at 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 the school district is a member;
  • Funeral flowers or memorials to a church or nonprofit organization;
  • Gifts which are given to an employee for the employee’s wedding or twenty-fifth or fiftieth wedding anniversary;
  • Payment of salary or expenses by a person's employer or the firm in which the person is a member 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 state or a political subdivision of the state for attending the meeting;
  • 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 are given during a ceremonial presentation or as a result of a custom of the other country and are of personal value only to the employee; or
  • Actual registration costs for informational meetings or sessions which assist the 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 the employee attends for personal or professional licensing purposes are not “informational meetings or sessions which assist the employee in the performance of the person’s official functions” under this paragraph.

 

An “honorarium” is anything of value that is accepted or given as consideration for an appearance, speech or article. However, an "honorarium" does not include any of the following:

  • Payment of actual expenses of an employee for registration, food, beverages, travel or lodging 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 item or series of nonmonetary items that the employee donates within thirty days to a public body, a bona fide educational or charitable organization or the Iowa department of administrative services; or
  • A payment made to an employee for services rendered as part of a bona fide private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person’s status as an employee of the school district, but, rather, because of some special expertise or other qualification.

 

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

 

Legal Reference:                   

Iowa Code ch. 68B

 

Approved 01/28/91    Reviewed 11/16/2015    Revised 11/16/2015  

402.6 Public Complaints about General Personnel

The board recognizes situations may arise in the operation of the school district which are of concern to the 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 if the following has not been completed.

 

(a)  Matters concerning an individual student, teacher, or other employee 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 or immediate supervisor.

(c)  Unsettled matters regarding licensed personnel 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 about a school district employee, the individual must notify the board president in writing. The board president may bring it to the attention of the entire board by placing it on the agenda or the individual may be able to address the complaint with the board at the beginning of a meeting in accordance with board policy.

 

The board will address complaints from the members of the school district community if they are in writing, signed, and the complainant has complied with this policy. Before a meeting at which a complaint is heard about any employee, it shall be ascertained whether the matter may be legally discussed in closed session and whether the employee wishes to have the matter discussed by the Board in closed session. The Board may refuse in its sole discretion to take action on the complaint, in which case the decision of the superintendent shall be final, or may decide the matter as soon as practicable.

 

Legal Reference:                   

Iowa Code §§ 279.8

 

Approved   01/28/91       Reviewed 11/16/2015       Revised   11/16/2015    

402.7 General Personnel Relations to the Public

Members of the school district community shall be treated with respect by school district personnel. The board encourages active participation by school district employees in community activities and events as a means to show respect for the district community.

 

It shall be the responsibility of school district employees, as they participate in various community groups and events, to make a conscientious effort to make the school and its events a real part of the community. School district employees shall take advantage of their participation in the community to look for opportunities in which community and school can join forces for the betterment of the school district and the community.

 

Legal Reference:                   

Iowa Code §§ 279.8

 

Approved   01/28/91       Reviewed 11/16/2015       Revised 11/16/2015  

402.8 General Personnel Outside Employment

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

 

It shall be the responsibility of the superintendent to alert school district 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 with the school district.

 

The board reserves the right, however, to request the employee cease the outside employment as a condition of continued employment. The board shall give the employee thirty (30) days’ notice to cease outside employment.

 

Legal Reference:                    

Iowa Code §§ 279.8

 

Approved   01/28/91       Reviewed 11/16/2015       Revised    11/16/2015    

402.10 District Landline and Cellular Telephone Usage

The District provides telephones to employees because communication is essential for the performance of their duties, especially in times of emergency or when addressing safety issues. 

 

The landline telephones provided by the district to employees are to be used primarily for school business. Employees may use land line telephones for personal business, provided such personal use is limited in frequency and duration and does not interfere with the performance of an employee’s job. Landline telephones are provided at district expense. Employees are not charged for local calls but are charged for all personal long distance toll calls. Payment is due upon receipt of the landline telephone bill.

 

Certain employees are required to perform work outside of their offices or assigned work spaces, outside of the PCM Community School District, or outside of the district’s regular business hours. It is important to the mission of the district to provide for communication with these employees when they are not in their offices.

 

The billing for cellular telephone service includes a charge for all calls that are transmitted or received by the cellular telephone, including unsolicited and misdirected calls, and local and long distance calls. Itemized bills are prepared for all cellular telephones listing all calls made or received by a cellular telephone within a billing cycle by date, time, location, and duration. Roaming charges are listed by date, time, location, duration, and roaming service provider.

 

The district’s policy concerning cellular telephones is as follows:

  • The district will issue cellular telephones for calls subject to the same restrictions that are imposed on landline telephones.
  • If the number of minutes charged to a cellular telephone exceeds the monthly time allotted for the service plan, the employee must reimburse the district for personal calls that exceed the monthly time allotted. Cellular telephone users must send a check to the Business Office made payable to the PCM Community School District for any additional personal charges (roaming and excess time). Payment is due upon receipt of the cellular telephone statement.
  • If a cellular telephone assigned to an employee is lost, damaged or is malfunctioning, the Business Office must be notified immediately. Employees who fail to notify the Business Office immediately of a lost telephone may be responsible for all unauthorized calls made from their assigned cellular telephone and may be responsible for replacement of the cellular telephone.

 

The Superintendent or his/her designee is authorized to review the use of district-issued cellular telephones by employees and to revoke the privilege of using a district-issued cellular telephone if it is determined that the cellular telephone is being used primarily for personal business or is being used in any other manner which is contrary to district policy.

 

Approved   June 15, 2009            Reviewed 11/16/2015       Revised                       

403 General Personnel Health and Well-Being

403.1 General Personnel Physical Examinations

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

 

School bus drivers shall present evidence of good health every other year in the form of a physical examination report unless otherwise required by law or medical opinion and must also submit a signed medical examiner’s certificate in accordance with law.  

 

Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations, when requested to do so, at the expense of the school district.

 

The cost of the initial examination will be paid by the employee. The form indicating the employee is able to perform duties for which the employee was hired will be returned prior to payment of salary. The school district will provide the standard examination form to be completed by the personal physician of the employee. The cost of bus driver physicals will be paid by the school district if the driver uses the district’s preferred provider.

 

The requirements stated in the Master Contract for the PCM Community School District between employees in a collective bargaining unit and the board regarding physical examinations of such employees shall be followed.

 

Legal Reference:

29 C.F.R. Pt. 1910.1030.

Iowa Code §§ 20.9; 279.8

281 I.A.C. 12.4(14); 43.15.

 

Approved   01/28/91       Reviewed 12/21/2015       Revised 12/21/2015   

403.2 General Personnel Injury on the Job

When an employee becomes injured on the job, the building principal may notify a member of the family, or an individual of close relationship, as soon as the building principal becomes aware of the injury, if necessary. It is the responsibility of the employee to maintain up-to-date emergency contact information on file in the building office.

 

It shall be the responsibility of the employee injured on the job to inform the superintendent within twenty-four (24) hours of the occurrence. It shall be the responsibility of the employee’s immediate supervisor to file an accident report within twenty-four (24) hours after the employee reported the injury.

 

It shall be the responsibility of the employee to file any claims, such as workers’ compensation, through the superintendent or superintendent’s designee.

 

The board will maintain a worker’s compensation insurance program that will provide to the employees of the district adequate coverage for personal injury or death under the worker’s compensation laws of the State of Iowa. The affected employee may be entitled to wage benefits for work days lost as stipulated by the state of Iowa and the insurance program.

 

Legal Reference:                   

Iowa Code §§ 85; 279.8; 613.17.

                                               

Approved   01/28/91       Reviewed 12/21/2015       Revised   12/21/2015    

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 school district may require medical evidence of fitness to perform the tasks assigned. The term “communicable disease” shall mean any disease spread from person to person, or animal to person, or as may be otherwise defined by law.

 

An employee who is at work and who has a communicable disease which creates a substantial risk of harm to a student, coworkers, or others at the workplace shall report the condition to the superintendent any time the employee is aware that the disease actively creates such risk. Any individual who has information that a district employee may have a communicable disease is encouraged to report the information to the superintendent.

 

The health risk to others in the school district environment from the presence of an employee with a communicable disease shall be determined on a case-by-case basis by school officials by considering credible, objective evidence and/or in consultation with the employee’s personal physician, a physician chosen by the school district, and/or public health officials.

 

Health data of an employee is confidential and it shall not be disclosed to third parties unless permitted by law. Employee medical records shall be kept in a file separate from their personal file.

 

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

 

Legal Reference:                   

Iowa Code §§ 139A; 141; 279.8

641 I.A.C. 1

 

Approved   01/28/91       Reviewed   12/21/2015        Revised 12/21/2015   

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, vomit 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, vomit 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, regulation 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. The employee should:

  • Always wash the exposed area immediately with soap and water.
  • If a mucous membrane splash (a splash into the 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.
  • Report the exposure immediately, notify the parent or guardian if applicable, and the person exposed should contact a physician for further health care.

 

School personnel should follow the relevant provisions of the exposure control plan and applicable law in addition to the universal precautions outlined in this regulation.

 

Approved   01/28/91       Reviewed   12/21/2015       Revised 12/21/2015   

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 as required by law.

 

Each school district employee shall review this information about hazardous substances annually. Further, when a new school district employee is hired, the information and training, if necessary, shall be included in the orientation of the employee. When an additional hazardous substance enters the workplace, information about it shall be distributed and training shall be conducted for the appropriate employees. The superintendent shall maintain a file indicating when training and informing takes place.

 

School district personnel who will be instructing or otherwise working with students shall disseminate information about the hazardous chemicals they will be working with as part of the instructional program. School district personnel are required to disseminate the information when the materials are used in the instructional program.

 

It shall be the responsibility of the superintendent to develop administrative regulations regarding this program. The superintendent shall report annually to the board about the program.

 

Legal Reference:                   

29 C.F.R. 1910.1200 et seq.

Iowa Code § 89B.

347 I.A.C. 110, 120

 

Approved   01/28/91       Reviewed 12/21/2015        Revised 12/21/2015   

403.5 Harassment

Harassment of employees is strictly prohibited in the school district. School district includes school district facilities, school district premises, and non-school property if the employee is at any school-sponsored, school approved or school related activity 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.

 

Harassment prohibited by the district includes, but is not limited to, any act or conduct on the basis of  actual or perceived age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, family status, or genetic information, and which creates an objectively hostile school environment that meets one or more of the following conditions:

  • Places the target in reasonable fear of harm to the target’s person or property.
  • Has a substantially detrimental effect on the target’s physical or mental health.
  • Has the effect of substantially interfering with the target’s work performance.

 

Harassment of school employees by board members, administrators, employees, parents, students, visitors, vendors, and others doing business with the school district is prohibited. Employees or students whose behavior is alleged to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, discharge, expulsion, or other appropriate action. Other individuals whose behavior is alleged to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the superintendent or board.

 

Sexual harassment shall include, but not be limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  • submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
  • submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
  • such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

 

Sexual harassment as set out above, may include, but is not limited to the following:

  • Verbal, electronic or written harassment or abuse
  • Pressure for sexual activity;
  • Repeated remarks to a person with sexual or demeaning implications;
  • Unwelcome touching;
  • Suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one’s grades, achievements, etc.; and/or
  • Sexual violence and other harassment based on sex.

 

Harassment on the basis of actual or perceived age, race, sex, creed, color, religion, national origin, marital status, sexual orientation, gender identity or physical or mental disability means conduct of a verbal or physical nature that is designed to embarrass, distress, agitate, disturb or trouble students when:

  • Submission to such conduct is made either explicitly or implicitly a term or condition of a student’s education or of a student’s participation in school programs or activities;
  • Submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student; or
  • Such conduct has the purpose or effect of unreasonably interfering with a student’s performance or creating an intimidating, offensive or hostile learning environment.

 

Harassment as set forth above may include, but is not limited to the following:

  • Verbal, physical, electronic or written harassment or abuse
  • Repeated remarks of a demeaning nature;
  • Implied or explicit threats concerning one’s grades, achievements, etc.;
  • Demeaning jokes, stories, or activities directed at the student;
  • Unreasonable interference with a student’s performance or creation of an intimidating, offensive or hostile learning environment.

 

Employees who believe they have suffered harassment shall report such matters to the investigator for harassment complaints. However, claims regarding harassment may also be reported to the alternate investigator for harassment complaints.

 

The district will promptly and reasonably investigate allegations of harassment. Investigations procedures are set forth in board policy 403.5R1. Nothing in this policy shall be construed as preventing or discouraging an employee from filing a concurrent criminal complaint.

 

Upon receiving a complain that articulates harassment, whether the complaint is formal or informal, the investigator shall interview the complainant, the target employee (if someone other than the employee initiates the complaint), the alleged harasser, and any witnesses that may be identified by any party as having knowledge of the complaint. The District will take action to stop any harassment and take other corrective measures as necessary. Information regarding an investigation of harassment shall be confidential to the extent possible, and those individuals who are involved in the investigation shall not discuss information regarding the complaint outside the investigation process except as may be necessary.

 

No one shall retaliate against an employee or student because they have filed a harassment complaint, assisted or participated in a harassment investigation, proceeding, or hearing regarding a harassment charge or because they have opposed language or conduct that violates this policy.

 

It shall be the responsibility of the board members, administrators, licensed and classified employees, students and others having business or other contact with the school district to act appropriately under this policy. It shall be the responsibility of the superintendent and investigator to inform and educate employees or students and others involved with the school district about harassment and the school district’s policy prohibiting harassment.

 

It shall be the responsibility of the superintendent, in conjunction with the investigator, to develop administrative rules regarding this policy.

 

Legal Reference:                    42 U.S.C. §§ 2000e et seq.

                                                29 C.F.R. Pt. 1604.11

                                                Iowa Code ch. 216

 

Approved   05/19/97       Reviewed 10/17/2016       Revised 10/17/2016  

403.5R1 Harassment Investigation Procedures

This procedure sets forth the investigation procedures to be followed in the event that a complaint is received that meets the definition of “harassment” or “sexual harassment” set forth in board policy 403.5R1.

 

COMPLAINT PROCEDURE

An employee who believes that they have been harassed shall notify the designated investigator. The alternate investigator is the building administrator.

 

The complaint may be made either verbally or by filling out the Harassment Complaint Form. This form is located on the district’s website at: http://www.pcmonroe.k12.ia.us/ on the School Board’s page. The investigator, with the approval of the superintendent, or the superintendent has the authority to initiate a harassment investigation in the absence of a written complaint.

 

The investigator will make reasonable efforts to conduct an investigation into all reports of harassment, whether formal or informal, and whether written or verbal. The minimum information required to initiate an investigation is the identity of the target(s) and the alleged harasser(s), and a description of the complained-of conduct, which must articulate a claim of harassment, as defined by board policy 403.5. The investigator may request that the employee turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures. Information received during the investigation shall be kept confidential to the extent possible.

 

 

INVESTIGATION PROCEDURE

The investigator shall reasonably and promptly commence the investigation upon receipt of the complaint. The investigator shall first interview the complainant. If the complainant is someone other than the alleged target of the harassment, the investigator will next interview the target. The investigator shall also interview the alleged harasser. The alleged harasser will be given the opportunity to file a written statement refuting or explaining the behavior outlined in the complaint, which shall be considered by the investigator in resolving the complaint. Both the complainant and the respondent shall be given equal opportunity to present evidence for the consideration of the investigator. The investigator may also interview witnesses identified by complainant, respondent, or any other party with knowledge of the complaint, as necessary to conduct a reasonably thorough investigation of the complaint.

 

Absent extenuating circumstances, the investigator should complete the initial investigation within ten (10) school days of receiving the complaint. If the investigator determines that completion of the investigation within ten (10) school days is not practicable, the investigator shall notify the complainant and the respondent as soon as possible of the delay, and of the expected date of completion of the investigation.

 

Upon completion of the investigation, the investigator shall make written findings and conclusions as to each allegation of harassment to the superintendent. As to each allegation, the investigator will determine whether the allegation is founded, unfounded, or unfounded for lack of information. An allegation will be determined to be founded if the preponderance of the evidence indicates that the alleged harassment occurred. “Preponderance of the evidence” means that it is more likely than not that the alleged conduct occurred.

 

Both the complainant and the alleged harasser will be notified in writing of the outcome of the investigation within five (5) school days of the conclusion of the investigation.

 

RESOLUTION OF THE COMPLAINT

The superintendent will complete the next step in the investigation reasonably and promptly upon receipt of the investigator’s report. Following the investigator’s report, the superintendent may investigate further, if deemed necessary, and make a determination of the appropriate next step which may include discipline, up to and including discharge or other appropriate action.

 

Prior to the determination of the appropriate remedial action, the superintendent may, at the superintendent’s discretion, interview the complainant and the alleged harasser. The superintendent shall file a written report closing the case. The complainant, the alleged harasser and the investigator shall receive notice as to the conclusion of the investigation.

 

POINTS TO REMEMBER IN THE INVESTIGATION

  • All complaints, whether formal or informal, must be taken seriously and investigated upon receipt of sufficient information to determine the identities of the complainant and respondent and a general description of the allegations.
  • Evidence uncovered in the investigation will be kept confidential to the extent possible.
  • The investigator shall notify all participants in the investigation that retaliation against any individual who participates in the complaint or investigation process is expressly prohibited.
  • Retaliators will be disciplined up to and including discharge or other appropriate action.

 

CONFLICTS

If the investigator is the alleged harasser or a witness to the incident, the alternate investigator shall be a designee of the superintendent.

 

If the alleged harasser is the superintendent, the investigator shall take the superintendent’s place in the investigation process. The investigator shall report the findings to the board.

 

Approved   05/19/97               Reviewed 12/21/2015             Revised   12/21/2015    

403.6 Substance-Free Workplace

The board expects the school district and its employees to remain substance free. No employee shall 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” is defined as the site for the performance of work done in the capacity as a district employee. This includes a school building or school premises; a school-owned vehicle or a school-approved vehicle used to transport students to and from school or school activities; and off 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 arrested for or convicted of a violation of any criminal drug offense, the employee shall notify the employee’s supervisor within five (5) days of the incident.

 

An employee who violates the terms of this policy may be subject to discipline up to and including termination. An employee who violates this policy may be required to successfully participate in a substance abuse treatment program approved by the board. If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination. Furthermore, the district may choose not to require participation in a drug abuse assistance or rehabilitation program and move directly to discipline, including termination.

 

The superintendent shall be responsible for publication and dissemination of this policy to each employee. In addition, the superintendent shall 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.

 

This policy does not limit the rights of the school district to discipline any employee who engages in an illegal act involving alcohol or drugs away from school when such violation adversely affects the employee’s ability to perform his or her duties.

 

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

 

Legal Reference:                   

41 U.S.C. §§ 701-707.

Iowa Code §§ 124; 279.8.

 

Approved   05/19/97               Reviewed   12/21/2015           Revised 12/21/2015  

403.6R1 Substance-Free Workplace Regulation

When the superintendent suspects that an employee has violated the Substance-Free Workplace policy, the superintendent shall follow these procedures:

  1. Identification - the superintendent shall 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 shall 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 in a program approved by the District. 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. Arrest or Conviction - If an employee is arrested for or convicted of a violation of any criminal drug offense, the employee shall notify the employee’s supervisor within five (5) days of the incident.

 

Approved   05/19/97               Reviewed   12/21/2015           Revised   12/21/2015   

403.10 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 (16) or more persons including the driver or the school vehicle weighs twenty-six thousand one (26,001) 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, return to duty, follow-up, and post-accident drug and alcohol testing. Employees operating school vehicles shall not perform a safety-sensitive function (including driving a school vehicle) within eight (8) hours of using alcohol. Employees governed by this policy shall be 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 by law. Alcohol and drug testing of employees and applicants shall be conducted in accordance with state and federal law. Employees with questions about the drug and alcohol testing program may contact the school district contact person

Employees who violate the terms of this policy are subject to discipline up to and including termination. Refusal by an employee to submit to alcohol or drug tests shall result in immediate suspension and may be grounds for termination.

 

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

 

The superintendent shall also be responsible for publication and dissemination of this policy and its supporting administrative regulations to employees operating school vehicles.

 

This policy does not limit the rights of the school district to discipline any employee who engages in an illegal act involving alcohol or drugs away from school when such violation adversely affects the employee’s ability to perform his or her duties.

 

Legal Reference:              

49 U.S.C. § 31301 et seq.

49 C.F.R. Pt. 40; 382.

Iowa Code § 279.8

 

Approved   4/15/96                 Reviewed 12/21/2015       Revised 12/21/2015   

403.10E1 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 administrative regulations 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, "employee" includes applicants who have been offered a position to operate a school vehicle. The employees operating a school vehicle shall be 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 as long as they may be required to perform a safety sensitive function as defined by law.

 

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

 

EMPLOYEES, GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY, ARE FURTHER NOTIFIED that violating this policy, its supporting administrative regulations or the law may be subject to discipline up to and including termination. Employees violating this policy, its supporting documents or the law bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and, a substance abuse treatment program, if recommended by the substance abuse professional. Employees required to participate in, and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program, may be subject to discipline up to and including termination.

 

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting administrative regulations 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 which may affect their ability to safely operate a school vehicle. Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting administrative regulations or the law.

 

Approved   4/15/96                 Reviewed 12/21/2015             Revised 12/21/2015   

403.10R1 Drug and Alcohol Testing Program Regulation

This administrative regulation supports the Drug and Alcohol Testing Program policy. It also establishes and explains the requirements of the school district's drug and alcohol testing program required for employees operating school vehicles. Terms are to be defined in accordance with the applicable federal regulations.

 

  1. Questions regarding the drug and alcohol testing program policy, its supporting administrative regulations or the drug and alcohol testing program may be directed to the school district contact person.

 

  1. Covered Drivers.
    1. The following requirements apply for a driver to be covered by the drug and alcohol testing program:
      1. Drive a vehicle transporting sixteen (16) or more persons, including the driver, OR drive a vehicle weighing over twenty-six thousand pounds; and
      2. Require a commercial driver's license to hold the driver position.
    2. Covered drivers include:
      1. Full time, regularly employed drivers;
      2. Applicants seeking a position as a driver.
      3. Casual, intermittent, occasional or substitute drivers;
      4. Leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to a school district or who operate a school vehicle at the direction of or with the consent of the district.
    3. Drivers are subject to the drug and alcohol testing program and its requirements throughout the year, including the times when school is not in session or when the driver is on leave.

 

  1. Prohibited Driver Conduct.
    1. Drivers shall not report to duty or remain on duty with a 0.04 or greater breath alcohol concentration.
    2. Drivers shall not report for duty or remain on duty when using any drug except:
      1. When a licensed medical practitioner has directed the use of the drug and advised the driver that the drug does not adversely affect the driver's ability to safely operate a school vehicle.
      2. The school district is informed in writing of the medication and licensed medical practitioner’s opinion.
    3. Drivers shall not use alcohol at least eight (8) hours prior to, or during the performance of a safety-sensitive function.
    4. Drivers shall not possess alcohol or drugs while on duty. This includes possessing prescriptions and over-the counter medicines unless the packaging seal is unbroken.
    5. Drivers required to take a post-accident alcohol test shall not use alcohol within eight (8) hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.
    6. Drivers shall not refuse to submit to a drug or alcohol test. A refusal to test is considered a positive test result requiring the driver to bear the personal and financial responsibility to undergo a substance abuse evaluation as a condition of continued employment and/or subjecting the driver to discipline up to and including termination.
    7. Drivers shall not report for duty when under the influence of drugs, or remain on duty if the driver has a positive drug test result.

 

  1. Alcohol Testing Procedures.
    1. Driver's breath is tested for alcohol.
    2. Evidentiary breath testing devices (EBTs) are used to conduct the initial and, if necessary, the confirmation alcohol tests.
      1. The initial alcohol screening test determines whether the driver's breath alcohol concentration (BAC) is less than 0.02.
        1. An alcohol screening test result of less than 0.02 BAC allows the driver to continue to perform a safety-sensitive function.
        2. An alcohol screening test result of 0.02 BAC or greater requires a confirmation test.
      2. The alcohol confirmation test determines whether the driver can continue to perform a safety-sensitive function.
        1. An alcohol confirmation test result of less than 0.02 BAC allows the driver to continue to perform a safety-sensitive function.
        2. An alcohol confirmation test result of 0.02 BAC or more, but less than 0.04 BAC, requires the driver to cease performing a safety-sensitive function for at least 24 hours.
        3. An alcohol confirmation test result of 0.04 BAC or greater requires the driver to cease performing a safety-sensitive function and subjects the employee to discipline up to and including termination, and/or a substance abuse evaluation.
    3. Alcohol testing is conducted at collection sites which provide privacy to the driver and contain the necessary equipment, personnel and materials.
      1. Alcohol testing is conducted at a designated collection site unless the situation requires another location.
      2. In the event privacy cannot be assured, privacy will be provided to the extent practical.
    4. Initial Alcohol testing steps.
      1. Once the driver is notified to submit to an alcohol test, the driver must complete the Alcohol/Drug Test Notification Form and proceed immediately to the collection site. Collection site personnel contact the District’s contact person immediately when a driver does not arrive at the specified time..
      2. Upon arrival, the driver must provide photo identification..
      3. The testing procedure is explained to the driver by the collection site person.
      4. The breath alcohol technician (BAT) or the screening test technician (STT) and the driver complete and sign the appropriate sections of the alcohol testing form.
        1. Refusal of the driver to sign the form prior to the initial alcohol test is considered a refusal to test.
        2. The district is notified immediately of the driver'
    5. Evidential breath testing device or non-evidential breath device procedures.
      1. The driver blows forcefully into the mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.
      2. The breath alcohol test is stopped when the driver fails twice to provide an adequate amount of breath. In that case:
        1. A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.
        2. A physician analyzes the driver’s inability to provide adequate breath.
        3. Failure to provide adequate breath is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate breath.
      3. The results of the alcohol screening test are shared with the driver.
    6. Saliva alcohol testing device procedures.
      1. The driver and the STT or BAT review the expiration date of the saliva alcohol testing device, and if the date is valid, the packaging is opened.
      2. The driver or STT or BAT places the device in the driver’s mouth as directed. If a new test is necessary because the device did not activate, only the STT or BAT may place the device in the driver’s mouth.
      3. The STT or BAT follows the instructions as to the necessary steps to ensure the device is activated.
      4. The saliva alcohol test is stopped when the driver fails twice to provide an adequate amount of saliva. In that case:
        1. The school district is informed.
        2. The driver must submit to a breath alcohol test immediately.
      5. The saliva testing device results are read two (2) minutes, and no later than than fifteen (15) minutes after the saliva testing device was activated..
      6. The results of the test are shared with the driver.
    7. Confirmation alcohol testing steps.
      1. The confirmation test is done between fifteen (15) and twenty (20) minutes of the initial test whether or not the driver followed the requirements to not eat, drink, put any object or substance in his or her mouth, and, to the extent possible, not belch during the fifteen (15) minute waiting period. Not belching will help avoid accumulation of mouth alcohol leading to an artificially high reading.
      2. If a different collection site is used, the driver must be under the observation of the collection site person or school district person while in transit to the confirmation alcohol testing site or while waiting for the confirmation alcohol test.
      3. If a different collection site person conducts the confirmation alcohol test, the driver must again provide photo identification.
      4. The testing procedure is explained to the driver by the BAT.
      5. The BAT and the driver complete and sign the appropriate sections of the alcohol testing form.
        1. Refusal of the driver to sign the form prior to the confirmation alcohol test is considered a refusal to test.
        2. The school district is notified immediately of the refusal to sign.
      6. After the proper EBT procedures are followed, the driver blows forcefully into the evidential breath testing device mouthpiece for a least six (6) seconds or until an adequate amount of breath has been obtained.
      7. The confirmation alcohol test results, which are the final and official test results, are shared with the driver.
      8. The driver and BAT must sign the alcohol testing form following completion of the alcohol test. Failure to sign the form after the alcohol test is not considered a refusal to test. However, in the remarks section of the form, the BAT notes the driver's refusal to sign.
      9. The BAT informs the District’s contact person of the results of the test in a confidential manner.
        1. An alcohol confirmation test result of less than 0.02 alcohol concentration is reported to the school district in a confidential manner and driver may continue to perform a safety-sensitive function.
        2. The BAT notifies the District’s contact person immediately of an alcohol confirmation test result of 0.02 alcohol concentration or more.
        3. The collection site person provides the District’s contact person with a copy of the breath alcohol testing form if written communication was not used to report the test results.
      10. Potentially incomplete or invalid breath alcohol tests are repeated with corrected procedures.
      11. The breath alcohol test is stopped when the driver fails twice to provide an adequate amount of breath. In that case:
        1. A physician analyzes the driver's inability to provide adequate breath.
        2. Failure to provide adequate breath is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate breath.
        3. A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.

 

  1. Drug Testing Procedures.
    1. Driver's urine is tested for marijuana, cocaine, opiates, amphetamines and phencyclidine.
    2. A split specimen urine drug test, often called "split sample test," is used to conduct the drug test.
      1. A verified negative drug test result allows the driver to continue to perform a safety-sensitive function.
      2. A verified positive (or verified adulterated or substituted) drug test result on the primary sample requires the driver to be removed from performing a safety-sensitive function.
      3. A positive drug test result on the primary sample allows the driver an opportunity to request the split sample be tested by another certified laboratory only for the specific drug found in the primary sample. A negative drug test result on the split sample may result in a cancelled drug test and recollection as necessary.
      4. A driver’s refusal to test is considered a positive drug test result.
      5. A positive drug test result requires the driver to bear the personal and financial responsibility to undergo a substance abuse evaluation as a condition of continued employment, and/or subjects the employee to discipline up to and including termination.
    3. Drivers taking medication at a licensed medical practitioner’s direction may perform a safety-sensitive function if the licensed medical practitioner determines there is not an adverse effect on performing a safety-sensitive function and the school district is informed in writing of the medication and licensed medical practitioner’s opinion.
    4. Drug testing is conducted at collection sites which provide privacy to the driver and where the necessary equipment, personnel and materials are located.
      1. Drug testing is conducted at a designated collection site unless the situation requires another location. Public restrooms can be used as collection sites in exceptional circumstances.
      2. In the event privacy cannot be assured, privacy is provided to the extent practical. However, direct observation is allowed in certain circumstances, such as:
        1. Reasons exits to believe the driver may alter or substitute the specimen.
        2. The driver presents a specimen with a temperature outside the allowed range and does not provide an oral body temperature or the oral body temperature varies from the specimen provided.
        3. The last specimen provided by the driver was determined by the laboratory to not meet specific concentration criteria.
        4. The collection site person observes conduct of the driver to substitute or tamper with the specimen.
        5. The driver has previously been determined to have used a drug without medical authorization and the particular test is for follow-up testing or for return to duty testing.
      3. Direct observation must be approved in advance by the supervisor of the collection site person or the designated school district representative. Personnel performing direct observation must be of the same gender as the driver.
    5. Drug testing steps.
      1. The school district contact person makes arrangements with the collection site for the test.
      2. Once the driver is notified to submit to a drug test, the driver must complete the Alcohol/Drug Test Notification Form and proceed immediately to the collection site. The collection site person contacts the District’s contact person immediately when a driver does not arrive at the specified time.
      3. Upon arrival, the driver must provide photo identification. The driver may require the collection site person to provide proof of identification.
      4. The driver may keep his or her wallet but must remove any unnecessary outer garments, purses, briefcases and similar items at the request of the collection site person.
      5. Immediately prior to providing a urine specimen, the driver must wash his or her hands.
      6. The driver must then provide at least forty-five (45) milliliters of urine and deliver it immediately to the collection site person.
        1. Drivers who cannot provide an adequate amount of urine receive instructions for drinking water and repeating the test.
        2. The drug test is stopped when the driver fails to provide an adequate amount of urine within three hours of the first attempt.
        3. Failure to provide adequate urine is considered a refusal to test unless the physician/MRO determines a medical condition caused the failure to provide adequate urine.
      7. The specimen is kept in view of the driver and the collection site person.
      8. Upon receipt of the specimen, the collection site person immediately, and in no event later than four (4) minutes from the time the specimen was given to the collection site person, measures the temperature of the specimen.
      9. The collection site person inspects the specimen for color and other signs of contaminants.
      10. Another specimen is required as soon as possible under direct observation if tampering is suspected by the collection site person. Specimens suspected of tampering are also sent to the laboratory for testing.
      11. The specimen is divided into the primary and the split specimen, sealed and labeled. The label is initialed by the driver.
      12. The driver is required to read and sign the statement on the chain of custody form certifying the specimens are the driver's.
      13. The collection site person completes the chain of custody form and signs the form indicating the collection is complete. Failure of the driver to sign the form after the drug test is not considered a refusal to test. However, the collection site person notes the driver’s failure to sign on the form. Any unusual behavior or appearance of the driver is also noted on the form.
      14. The specimens are packaged for shipping to the laboratory and are shipped immediately or placed in secure storage until they can be shipped.
    6. Laboratory.
      1. The laboratory used by the school district's drug and alcohol testing program is certified by the Substance Abuse and Mental Health Services Administration (SAMHSA), a division of the U.S. Department of Health and Human Services (DHHS). Certified laboratories meet the testing procedures, personnel and record keeping requirements of the law.
      2. Upon arrival of the specimen at the laboratory, the split specimen is stored and the primary specimen is tested.
        1. A positive drug test result on the initial test of the primary specimen requires a confirmation drug test of the primary specimen.
        2. The split specimen is discarded if the primary specimen has a negative drug test result.
    7. Medical Review Officer (MRO) reviews drug test results.
      1. The MRO may release drug testing records of a driver to unauthorized individuals only with the written consent of the driver or as permitted by law.
      2. The MRO keeps a record of negative drug test results and reports verified negative drug test results to the school district, usually within two working days.
      3. The primary role of the MRO is to review and interpret test results and determine whether a legitimate explanation exists for the positive, adulterated, substituted, or invalid drug test result.
        1. After reviewing the chain of custody form and the laboratory drug test results, the MRO contacts the driver to conduct a verification interview prior to notifying the school district and to ask whether the driver requests a test of the split sample at the driver’s expense. The driver’s request for a test of the split sample must be made within seventy-two (72) hours of talking with the MRO.
        2. Upon request of the driver, the split specimen is ent to a second SAMHSA certified laboratory for testing at the driver’s expense.
        3. The MRO contacts the District’s contact person for assistance if the driver cannot be reached.
        4. The District’s contact person must confidentially inform the driver to contact the MRO and of the consequences of failing to do so within the next 72 hours.
        5. Upon contacting the driver, the District’s contact person must document and inform the MRO that the driver was contacted.
        6. Drivers who cannot be contacted after reasonable efforts have been made may be placed on temporary medically unqualified status or medical leave.
      4. The MRO may verify a positive drug test without talking to the driver if:
        1. The driver expressly declines the opportunity to discuss the positive drug test;
        2. The driver fails to contact the MRO within five (5) days after the District’s contact person has contacted the driver and instructed the driver to do so; or
        3. MRO verification of positive drug test results under these circumstances can be challenged by the driver if the driver presents the MRO with information documenting a serious illness, injury or other circumstances unavoidably preventing the driver from timely contacting the MRO. The MRO, based on this additional information, may find a legitimate explanation for the positive test result and declare the test negative.
      5. The driver is notified of the drugs found in a positive test result by the MRO, the District’s contact person or by certified mail to the driver's last known address.
      6. The school district receives a written report of the drug test results from the MRO.

 

  1. Substance Abuse Professional.
    1. A substance abuse evaluation by a substance abuse professional is the personal and financial responsibility of the driver as a condition of continued employment when a driver has:
      1. A positive drug test;
      2. A positive alcohol test of 0.04 breath alcohol concentration or greater; or
      3. Otherwise violates this policy, its supporting documents or the law.
    2. The substance abuse evaluation determines what assistance, if any, the driver needs in resolving problems with alcohol misuse and/or drug use.
    3. A list of available substance abuse professionals to provide assistance to bus drivers is available through the employee assistance program/school district contact person.

 

  1. Pre-employment Testing.
    1. Drivers shall submit to a drug test if a job offer is made. The job offer is contingent upon:
      1. A negative drug test result; and
      2. A signed written statement authorizing former employers to release all information on the driver related to drugs and alcohol.
    2. Prior to allowing a driver to perform a safety-sensitive function, and no later than thirty days after performing a safety-sensitive function, information must be obtained, or a good faith effort must have been made to obtain the information about the driver’s drug and alcohol history.
      1. The following information must be obtained about the driver for the two year period preceding the date of the application.
        1. Alcohol test result of 0.04 alcohol concentration or greater;
        2. Positive drug test results;
        3. Refusals to be tested; and
      2.  

 

  1. Random Testing.
    1. Annually, ten (10) percent of the average number of drivers are selected for random alcohol tests and fifty (50) percent of the average number of drivers are selected for random drug tests, unless otherwise required by law.
    2. The drivers' identification numbers are selected by a scientific method giving each driver an equal chance to be selected.
    3. Random tests are unannounced and performed throughout the year.
    4. Drivers selected for random alcohol testing are notified just before, during or just after performing a safety-sensitive function..
    5. Drivers selected for random drug testing are notified at any time. The school district must document why some, if any, drivers were selected but not notified.
    6. Once the driver is notified of being selected for a random test, the driver must proceed immediately to the collection site. However, drivers performing a safety-sensitive function must safely stop and proceed to the collection site as soon as possible.

 

  1. Reasonable Suspicion Testing.
    1. A driver who exhibits observable specific, contemporaneous, articulable characteristics concerning the appearance, behavior, speech or body odors as well as indications of the chronic and withdrawal effects of drugs may be required to submit to a reasonable suspicion drug test at any time such reasonable suspicion exists, in accordance with law.
    2. A driver may be required to submit to a reasonable suspicion alcohol test just before, during or just after the driver performs a safety-sensitive function or just before, during or just after the time the driver is required to be in compliance with this policy, its supporting administrative regulations or the law.
      1. A reasonable suspicion alcohol test is performed within two (2) hours and no later than eight (8) hours of determining reasonable suspicion. To meet the two hour requirement, district personnel will transport the employee to the collection site.
      2. If the alcohol test is not given within two (2) hours, the reasons for the delay must be documented.
      3. If the alcohol test is not given within eight (8) hours, attempts to test are stopped and the reason for not testing must be documented.
    3. A reasonable suspicion test request is made by an employee who received training to determine reasonable suspicion. The reasons for the reasonable suspicion must be documented within twenty-four (24) hours or prior to the release of the test results, whichever is earlier. If more than one employee trained to determine reasonable suspicion observes the driver, that employee must also document their reasons.

 

  1. Post-accident Testing.
    1. Drivers are subject to both post-accident drug and alcohol testing as soon as possible after an accident in which:
      1. A fatality occurred.
      2. The driver was cited and bodily injury occurred to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident; or
      3. The driver was cited and one or more motor vehicles was towed from the scene irrespective of the value of the damage to the vehicle.
    2. Drivers must remain readily available for post-accident testing.
      1. Drivers who leave the scene (unless necessary to obtain assistance or emergency medical care) or who do not remain readily available are deemed to have refused to test.
      2. Drivers subject to post-accident testing will be taken to the collection site by district personnel.
      3. Necessary medical treatment cannot and should not be denied to a driver waiting to complete post-accident drug and alcohol tests.
    3. Alcohol testing requirements.
      1. The alcohol test is administered with two (2) hours and no later than eight (8) hours of the accident.
      2. The reasons for administering the test later than two (2) hours after the accident must be documented.
      3. The reasons for not administering the test within eight (8) hours of the accident must be documented.
      4. Drivers are prohibited from consuming alcohol for eight (8) hours after the accident or until the alcohol test is completed, whichever occurs first.
    4. Drug testing requirements.
      1. The drug test is administered as soon as possible and no later than thirty-two (32) hours after the accident.
      2. The reasons for not administering the test must be documented.
    5. Results of drug or alcohol testing conducted by law enforcement officers or other officials on the scene with independent authority to conduct such tests may be used if the testing conforms with the law. The school district must receive a copy of the results to use them.

 

  1. Return-to-duty/Follow-up Testing.
    1. Prior to returning to duty after a positive drug test or otherwise violating this policy, its supporting documents or the law, the driver bears the personal and financial responsibility to:
      1. Be re-evaluated by a substance abuse professional to determine that the driver has properly followed any treatment program prescribed in the original evaluation by the substance abuse professional.
      2. Submit to a return-to-duty test for drugs, alcohol or both.
      3. Have a negative return-to-duty drug test result and/or an alcohol test results of less than 0.02 BAC before the driver can return to duty and perform a safety-sensitive function.
    2. After returning to duty, the driver is subject to a minimum of six (6) unannounced follow-up tests within twelve (12) months for alcohol, drugs or both, as determined by the substance abuse professional.
      1. The substance abuse professional can terminate the follow-up testing requirement after the first twelve months or continue the follow-up testing for up to sixty (60) months from the date of the driver’s return to duty.
      2. Alcohol follow-up testing is done just before, during or just after performing a safety-sensitive function.
      3. Drug follow-up testing is done any time.

 

  1. School district responsibilities.
    1. Provide drivers with information on the drug and alcohol testing requirements of this policy, its supporting administrative regulations and the law.
    2. Supervisors of drivers or employees designated to determine reasonable suspicion must receive sixty (60) minutes of training on alcohol misuse and sixty (60) minutes of training on drug use. The training must address the physical, behavioral, speech and performance indicators of probable alcohol misuse and drug use..
    3. Prior to the driver operating a school vehicle, provide drivers with instructions to enable the driver to comply with the drug and alcohol testing requirements.
    4. Disallow drivers to report to work or perform a safety-sensitive function when the school district has actual knowledge of a driver's drug use whether or not a drug test was conducted.
    5. Disallow drivers to report to work or perform a safety-sensitive function when the school district has actual knowledge of a driver with 0.02 BAC or greater whether or not an alcohol test was conducted.
    6. Ensure, through the school district's drug and alcohol testing program service provider, that the proper personnel, devices, and procedures are used for drug and alcohol testing.

 

  1. Consequences of violating this policy, its supporting documents or the law.
    1. Each violation is dealt with based on the circumstances surrounding the violation. The following consequences may result from a violation:
      1. Drivers may be disciplined up to and including termination.
      2. Drivers may not be permitted to perform safety-sensitive functions.
      3. Drivers may be advised of the resources available to them in evaluating and resolving problems associated with the misuse of alcohol or use of drugs.
      4. Drivers, as a condition of continued employment, bear the personal and financial responsibility for undergoing a substance abuse evaluation to determine what assistance, if any, the driver needs in resolving problems associated with the misuse of alcohol or use of drugs and may be required to follow any recommended substance abuse treatment program at their expense.
      5. Prior to returning to duty, the driver is required to have a negative drug and/or alcohol test result and be subject to the follow-up drug and/or alcohol testing determined necessary based on the circumstances surrounding the incident.
      6. Drivers refusing to submit to drug and/or alcohol testing may be considered insubordinate and are subject to termination.
      7. Drivers/applicants who refuse to submit to or cooperate with the drug and/or alcohol testing process and requirements shall be disqualified from further consideration.
    2. Nothing in this policy, its supporting administrative regulations or the law relating to drug and alcohol testing limits or restricts the right of the board or superintendent to discipline a driver, up to and including termination, for conduct which violates the school district's policies, supporting administrative regulations and procedures.

 

  1. Drug and alcohol testing records.
    1. Drug and alcohol testing records are stored in locked files at limited access locations separate and apart from the driver's general personnel records.
    2. The records are released only with the written consent of the driver and only those records specifically authorized for release may be released, unless otherwise permitted by applicable law. For example:
      1. Records may be released to appropriate government agencies without a driver’s written consent.
      2. Records may be released to appropriate school district employees without a driver’s written consent.
      3. School districts may, without a driver’s written consent, make a driver's drug and alcohol test records available to a decision maker in a lawsuit, grievance or other proceeding initiated by or on behalf of the driver and arising from the result of an alcohol or drug test under the drug and alcohol testing program policy, its supporting regulations or the law or from the school district's determination that the driver violated this policy, its supporting regulations, or the law.
    3. With a written request, drivers may access and copy their drug and alcohol test records in accordance with the board policy related to employee records. A driver is not denied access to these records for failure to pay fees associated with other records.
    4. All records will be maintained in accordance with applicable law. The following records of the school district's drug and alcohol testing programs are maintained for the time period indicated.
      1. One year:
        1. Records of negative and canceled drug test results and alcohol test results of less than 0.02 BAC;
        2. Records related to the collection process;
        3. Records related to the driver’s test results;
        4. Records related to other violations of the law;
        5. Records related to evaluations;
        6. Records related to education and training; and
        7. Records related to drug testing.
      2. Two years:
        1. Records related to the alcohol and drug collection process, except calibration of evidential breath testing devices, and training.
      3. Three years:
        1. Drug/alcohol testing information from previous employers
      4. Five years:
        1. Alcohol test results of 0.02 BAC and greater;
        2. Verified positive drug test results;
        3. Documentation of refusals to take required alcohol and/or drug tests;
        4. Calibration documentation;
        5. Driver substance abuse evaluations and referrals;
        6. Annual calendar year summary. 

 

Approved 4/15/96                   Reviewed 12/21/2015             Revised 12/21/2015   

404 General Personnel Conduct and Appearance

School district personnel shall strive to set the kind of example in their actions and appearance that not only reflects positively on the school system, but sets forth a model worthy of emulation by the students. Enthusiasm, positive attitude, loyalty, and professionalism shall be the key words describing the goals of school district personnel conduct and appearance.

 

School district personnel shall conduct themselves in a professional manner. School district personnel shall dress in attire appropriate for their position. Clothing should be neat, clean, and in good taste.

 

Certified personnel of the school district shall follow the code of ethics for their profession as established by the Iowa Board of Educational Examiners.

 

It shall be the responsibility of the building principals to counsel employees assigned to their facility on appearance and conduct when the individual appearance or conduct may have a negative impact on the learning environment or is otherwise in violation of this policy.

 

Legal Reference:       

Iowa Code § 279.8.

                                   

Approved   1/28/91                 Reviewed   12/21/2015           Revised   12/21/2015    

404.1R1 Employee Conduct Regulation

I.    Commitment to the student. The educator measures success by the progress of each student toward realization of potential as a worthy and effective citizen. The educator therefore works to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals. In fulfilling obligations to the student, the educator:

a.   Shall not, without just, cause restrain the student from independent action in a pursuit of learning and shall not without just cause deny the student access to varying points of view.

b.   Shall not deliberately suppress or distort subject matter for which the educator bears responsibility.

c.   Shall make reasonable effort to protect the student from conditions harmful to learning or to health and safety.

d.   Shall conduct professional business in such a way that the educator does not expose the student to unnecessary embarrassment or disparagement.

e.   Shall not, on the ground of race, color, creed, age, sex, sexual orientation, gender identity, religion, socioeconomic status, geographic location, physical or mental handicap, marital status, or national origin, exclude any student from participation in or deny the student benefits under any program nor grant any discriminatory consideration or advantage, in accordance with applicable law.

f.    Shall not use professional relationships with students for private advantage.

g.   Shall keep in confidence information that has been obtained in the course of professional service, unless disclosure serves professional purposes or is required by law.

h.   Shall not tutor for remuneration students assigned to the educator’s classes, unless no other qualified teacher is reasonably available and prior approval is obtained.

 

II.   Commitment to the public. The educator believes that patriotism in its highest form requires dedication to the principles of our democratic heritage. The educator shares with all other citizens the responsibility for the development of sound public policy and assumes full political and citizenship responsibilities. The educator bears particular responsibility for the development of policy relating to the extension of educational opportunities for all and for interpreting educational programs and policies to the public. In fulfilling an obligation to the public, the educator:

a.   Shall not misrepresent an institution or organization with which the educator is affiliated and shall take adequate precautions to distinguish between personal and institutional or organizational views.

b.   Shall not knowingly distort or misrepresent the facts concerning educational matters in direct and indirect public expressions.

c.   Shall not interfere with a colleague’s exercise of political and citizenship rights and responsibilities.

d.   Shall not use institutional privileges for monetary private gain or to promote political candidates or partisan political activities.

e.   Shall accept no gratuities, gifts, or favors that might impair or appear to impair professional judgment, and shall not offer any favor, service, or thing of value to obtain special advantage.

 

III.  Commitment to the profession. The educator believes that the quality of the services of the education profession directly influences the nation and its citizens. The educator therefore exerts every effort to raise professional standards, to improve service, to promote a climate in which the exercise of professional judgment is encouraged, and to achieve conditions which attract persons worthy of the trust to careers in education. In fulfilling an obligation to the profession, the educator:

a.   Shall not discriminate on the ground of race, sex, age, sexual orientation, gender identity, religion, physical or mental disability, marital status, color, creed or national origin for membership in the profession in accordance with applicable law, nor interfere with the participation or nonparticipation of colleagues in the affairs of their professional association.

b.   Shall accord just and equitable treatment to all members of the profession in the exercise of their professional rights and responsibilities.

c.   Shall not use coercive means or promise special treatment in order to influence professional decisions of colleagues.

d.   Shall withhold and safeguard information acquired about colleagues in the course of employment, unless disclosure serves professional purposes or is required by law.

e.   Shall not refuse to participate in a professional inquiry when requested by the board of educational examiners.

f.    Shall provide upon the request of the aggrieved party a written statement of specific reason for recommendations that lead to the denial of increments, significant change in employment or termination of employment.

g.   Shall not misrepresent professional qualifications.

h.   Shall not knowingly distort evaluations of colleagues.

 

IV.  Commitment to professional employment practices. The educator regards the employment agreement as a pledge to be executed both in spirit and in fact in a manner consistent with the highest ideals of professional service. The educator believes that sound professional personnel relationships with governing boards are built upon personal integrity, dignity and mutual respect. The administrator discourages the practice of the profession by unqualified persons. In fulfilling the obligation to professional employment practices, the educator:

a.   Shall apply for, accept, offer, or assign a position or responsibility on the basis of professional preparation and legal qualifications.

b.   Should recognize salary schedules and the salary clause of an individual teacher’s contract as a binding document on both parties. The educator should not in any way violate the terms of the contract.

c.   Shall not knowingly withhold information regarding a position from an applicant or misrepresent an assignment or conditions of employment.

d.   Shall give prompt notice to the employing agency of any change in availability of service, and the employing agent shall give prompt notice of change in availability or nature of a position.

e.   Shall adhere to the terms of a contract or appointment unless these terms have been legally terminated, falsely represented, or substantially altered by unilateral action of the employing agency.

f.    Shall not delegate assigned tasks to unqualified personnel.

g.   Shall use time or funds granted for the purpose for which they were intended.

h.   Shall comply with all applicable laws, regulations, board policies, and rules in connection with employment.

 

Approved   8/19/96                 Reviewed 12/21/2015             Revised   10/18/2010   

405 Personnel - General

405.1 Personnel Defined

Certified Personnel

Certified personnel are those school district employees required to hold appropriate teaching or administrative certificate or other professional license, certificate, or endorsement, from the State Department of Education and the State Board of Educational Examiners, or the Board of Nursing, for their position.

 

It shall be the responsibility of the superintendent to establish job specifications and job descriptions for certified personnel positions, other than the position of the superintendent.

 

Certified personnel must present evidence of current license, certificate, or endorsement to the board secretary prior to payment of first payroll check each year.

 

Classified Personnel

Classified personnel are those school district employees who are not required to hold appropriate teaching or administrative certificate or other professional license, certificate, or endorsement, from the State Department of Education and the State Board of Educational Examiners, or the Board of Nursing, for their position or who are employed to fulfill the duties listed on their job description on a monthly or hourly basis.

 

Classified personnel shall include, but not be limited to, teacher and classroom aides, custodial and maintenance employees, clerical employees, food service employees, bus drivers and extra help for summer or other maintenance. The position may be full-time or part-time employment.

 

It shall be the responsibility of the superintendent to establish job specifications and job descriptions for classified personnel positions. Job descriptions shall be approved by the board.

 

If a classified personnel holds a license, certificate, or endorsement for their position, they must present evidence of current license, certificate, or endorsement to the board secretary prior to payment of the first payroll check each year.

 

As a general rule, classified employees who require special license or other certification shall keep such licenses up to date at their own expense. The board, however, maintains the discretion to reimburse costs. The requirements for a license needed for a position will be considered met if the employee meets the requirements established by law and by the State Department of Education for the position.

 

Legal Reference:                   

Iowa Code §§ 256, 272, 279.8, 294.1; 281 IAC 12.4; 43.

 

Approved   12/21/2015           Reviewed     ______               Revised       ______       

405.2 Personnel Qualifications, Recruitment, Selection

Persons interested in a position, other than administrative positions which will be filled in accordance with board policies in Series 300, “Administration,” shall have an opportunity to apply and qualify for positions in the school district without regard to race, color, national origin, sex, physical or mental disability, age, religion, creed, sexual orientation, gender identity, or genetic information in accordance with applicable law. Job applicants for positions shall be considered on the basis of various factors, including but not limited to the following:

  • Training, experience, and skill;
  • Nature of the occupation;
  • Demonstrated competence; and
  • Possession of, or ability to obtain, state certification as required by law and the job description.

 

Announcement of the position shall be in a manner which the superintendent believes is appropriate and will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants shall be conducted by the school district employee who will be directly supervising and overseeing the person being hired.

 

The board shall employ certified personnel after receiving a recommendation from the superintendent. However, the superintendent shall have the authority to employ a certified employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.

 

The superintendent shall hire classified personnel. Such employment shall be subject to the board’s approval at its next meeting when the superintendent shall present the names and salaries of the employees to the board.

 

The requirements stated in the Master Contract for the PCM Community School District between employees in a collective bargaining unit and the board shall be followed.

 

Legal Reference:                   

Iowa Code §§ 279.8; 279.13; 279.20.

 

Approved  12/21/2015       Reviewed    _______                 Revised    _______   

405.3 Personnel Contracts/Agreements

Certified Employees

The board will enter into a written contract with certified employees employed on a regular basis.

 

Each contract for certified employees, other than administrators, will be for a period of one (1) academic year. It shall be the responsibility of the superintendent to complete the contracts for certificated personnel, and present them to the board for approval. The contracts, after being signed by the board president, shall be filed with the board secretary.

 

Contracts entered into with certified employees, other than administrators, will continue from year to year unless the contract states otherwise, is modified or terminated by mutual agreement between the board and the employee, or the contract is terminated by the board.

 

The first three (3) years of employment of a certified employee shall be considered a probationary period. However, if the employee has successfully completed a probationary period in another school district in Iowa, the probationary period shall not exceed one year. The board may waive the probationary period for any employee who has previously served a probationary period in another school district or extend it for an additional year upon the consent of the certified employee. In the event of termination during this period, the board shall afford the certified employee the appropriate procedures required by law. The action of the board will be final unless otherwise provided by law.

 

Certified employees whose contracts will be recommended for termination by the board will receive notice not later than April 30. The superintendent shall make a recommendation to the board for the termination of the certified employee’s contract effective at the end of the school year. Employees may also be discharged at any time during the school year as permitted by applicable law.

 

Certified personnel who wish to resign, to be released from a contract, or to retire must comply with applicable law and board policies in those areas.

 

Classified Employees

The board will enter into written contracts, service agreements, or letters of assignment with classified personnel employed on a regular basis. The document will state the terms of employment.

 

Each agreement shall include a fourteen (14) day cancellation clause. To activate this clause either the employee or the board must give notice of the intent to cancel the agreement at the end of fourteen (14) days. This notice will not be required when the employee is terminated during a probationary period or for cause.

 

Classified personnel shall receive a job description stating the specific performance responsibilities of their position.

 

It shall be the responsibility of the board secretary to draw up and process the classified personnel agreements after board approval. The agreements, after being signed by the board president, shall be filed with the board secretary.

 

Legal Reference:       

Iowa Code § 279; .8; .13.

 

Approved 12/21/2015    Reviewed ________       Revised ________  

405.4 Personnel Work Day

The work day for personnel shall begin each day of the fiscal year except holidays at 7:40 a.m. and end each day at 3:40 p.m., unless otherwise directed by a supervisor. This ending time may be altered on Fridays or on days preceding holidays.

 

Personnel are to be in their assigned school building during the work day. Advance approval to be absent from the building must be obtained from the principal, or superintendent for administrators, whenever the personnel must leave their school building during the work day.

 

The building principal is authorized to make changes in the work day in order to facilitate the educational program. These changes shall be reported to the superintendent.

 

The requirements stated in the Master Contract for the PCM Community School District between the employees of a collective bargaining unit and the board regarding the work day for such employees shall be followed.

 

Legal Reference:                   

Iowa Code §§ 20.9; 279.8, 280.14.

 

Approved   01/28/91               Reviewed 12/21/2015             Revised   12/21/2015   

405.5 Personnel Assignment

Certified Employees

Determining the assignment of each certified employee is the responsibility and within the sole discretion of the board. In making such assignments the board shall consider the qualifications of each certified employee and the needs of the school district.

 

It shall be the responsibility of the superintendent to make recommendations to the board regarding the assignment of the certified employees.

 

The requirements stated in Article IV of the Master Contract for the PCM Community School District between employees in that certified collective bargaining unit and the board regarding assignment of such employees shall be followed.

 

Classified Employees

Determining the assignment of each classified employee is the responsibility of the superintendent and within the sole discretion of the board. In making such assignments each year the superintendent shall consider the qualifications of each classified employee and the needs of the school district.

 

It shall be the responsibility of the superintendent to assign classified employees and report such assignments to the board.

 

The requirements stated the Master Contract for the PCM Community School District between employees in that classified collective bargaining unit and the board regarding assignment of such employees shall be followed.

 

Legal Reference:                   

Iowa Code §§ 20.7; 20.9; 279.8, 280.14.

 

Approved  12/21/2015       Reviewed   ________       Revised   ________   

405.6 Personnel Transfers

Certified Employees

Determining the location where an employee’s assignment will be carried out is the responsibility and within the sole discretion of the board. In making such assignments the board shall consider the qualifications of each certified employee and the needs of the school district.

 

A transfer may be initiated by the employee, the principal, or the superintendent.

 

It shall be the responsibility of the superintendent to make recommendations to the board regarding the transfer of certified personnel.

 

The requirements stated in the Master Contract for the PCM Community School District between employees in that certified collective bargaining unit and the board regarding the transfer of such employees shall be followed.

 

Classified Employees

Determining the location where a classified employee’s assignment will be carried out is the responsibility of the superintendent and within the sole discretion of the board. In making such assignments each year the superintendent shall consider the qualifications of each classified employee and the needs of the school district.

 

A transfer may be initiated by the employee, the principal, or the superintendent.

 

It shall be the responsibility of the superintendent to transfer classified employees and report such transfers to the board.

 

The requirements stated in the Master Contract for the PCM Community School District between employees in that classified collective bargaining unit and the board regarding the transfer of such employees shall be followed.

 

Legal Reference:                   

Iowa Code §§ 20.7; 20.9; 279.8; 280.14.

                                               

Approved   01/28/91       Reviewed 12/21/2015      Revised 11/15/2010   

 

405.7 Personnel Evaluation

Evaluation of personnel, other than administrators, but including extracurricular personnel, on their skills, abilities, and competence shall be an ongoing process supervised by the building principals and conducted by approved evaluators. The goal of the formal evaluation of personnel shall be to improve the educational program, to maintain personnel who meet or exceed the board’s expectations and standards of performance, to clarify each employee’s role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other school district personnel.

 

The formal evaluation criteria shall be in writing and shall provide an opportunity for the evaluator and the employee to discuss past performance and future areas of growth. The formal evaluation shall be completed by the evaluator, signed by the employee, and filed in the employee’s personnel file.

 

This policy supports and does not preclude the ongoing informal evaluation of the personnel’s skills, abilities and competence.

 

It shall be the responsibility of the superintendent to ensure personnel are evaluated in accordance with applicable law. New and probationary personnel shall be evaluated at least twice a year.

 

The requirements stated in the Master Contract for PCM Community School District between employees in a collective bargaining unit and the board regarding evaluation procedures of such employees shall be followed.

 

Legal Reference:                   

Iowa Code §§ 20.9; 279.8, .14; 281 I.A.C. 12.3(3).

 

Approved 12/21/2015       Reviewed   _______       Revised   _______   

405.8 Personnel Probationary Status

Certified Employees

The first three consecutive years of employment of a certified employee, other than an administrator, shall be a probationary period unless the employee has already successfully completed the three year probationary period in another Iowa school district, in which case the probationary period shall not exceed one year. For purposes of this policy, an employee will have met the requirements for successfully completing a probationary period in another Iowa school district if the employee was employed for the requisite number of years, at the employee’s most recent performance evaluation the employee received at least a satisfactory or better evaluation, and the employee has not engaged in conduct which would disqualify the employee for a continuing contract.

 

Administrators employed in a school district for less than two consecutive years are probationary administrators.

 

Only the board, in its discretion, may waive the probationary period for any employee who has previously served a probationary period in another school district. The board may extend the probationary period for one additional year with the consent of the employee. The board will make the decision to extend or waive an employee’s probationary status based upon the superintendent’s recommendation. During this probationary period the board may terminate the employee’s contract at year-end or discharge the employee in concert with corresponding board policies and applicable law.

 

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

 

The superintendent is authorized to place a certified employee on probation based on the employee’s performance.

 

Classified Employees

The first ninety (90) days of a newly employed classified employee holding a professional license, certificate, or endorsement other than teaching or administrative license and classified employees’ contracts shall be a probationary period. “Day” shall be defined as one (1) work day regardless of full-time or part-time status of the employee. New employees, regardless of experience, shall be subject to this probationary period. The superintendent, at their discretion, may extend this probationary period.

 

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

 

At the discretion of the superintendent, a classified employee may be placed on probationary status for performance-related issues. The status will remain in effect as long as the superintendent deems necessary.

 

Only the board, in its discretion, may waive the probationary period. During this probationary period the board may terminate classified personnel contracts at any time.

 

Legal Reference:                   

Iowa Code §§ 279.8, 279.19, 279.24.

 

Approved   12/21/2015       Reviewed   ________       Revised   ________   

405.9 Personnel Organization Affiliation

Personnel who qualify may join a bargaining group and participate in its activities as long as the participation does not, in any way, interfere with the delivery of and the provision of the educational program and school district operations.

 

The superintendent shall have sole discretion to determine whether association activities interfere with the educational program and school district operations. Association individuals must follow the board policy stating the requirements by the public when planning to use, or using, school property for association purposes.

 

The board shall not interfere with the rights of an employee to organize or form, join, or assist any employee organization, or otherwise engage in any activity which is protected by law.

 

Legal Reference:                   

Iowa Code §§ 20.1, .7, .8, .10; 279.8.

 

Approved   01/28/91                Reviewed 12/21/2015             Revised   12/21/2015    

406 Personnel Compensation and Benefits

406.1 Personnel Compensation

The board shall establish salary schedules for certified personnel positions, determine which certified employees will advance on the salary schedule, and set the compensation to be paid for the classified personnel positions keeping in mind the budget for the school district, the education and experience of the employee, the educational philosophy of the school district, and other factors deemed relevant by the board.

 

It shall be the responsibility of the superintendent to make a recommendation to the board annually regarding the salary schedules, advancement on the salary schedules, and compensation for employees. The salary schedule shall be subject to review through the collective bargaining process.

 

The board shall have the authority, based on the superintendent’s recommendation, to hold an individual on a step or at their current compensation level for disciplinary purposes.

 

The requirements stated in the Master Contract for PCM Community School District between employees in that collective bargaining unit and the board regarding wages and salaries of such employees shall be followed.

 

Legal Reference:                    Iowa Code §§ 20.9; 279.8.

 

Approved 02/15/2016        Reviewed       Revised    

406.2 Personnel Wage and Overtime Compensation

The board recognizes that non-exempt personnel should be compensated for approved hours worked over forty (40) hours in a work week. This compensation shall be in the form of overtime pay as permitted by applicable law.

 

Each non-exempt employee compensated on an hour-by-hour basis, whether full or part-time, permanent or temporary, will be paid no less than the federal and state minimum wage. Whenever a non-exempt employee must work more than forty (40) hours in a given work week, the employee shall be compensated at one and one-half (1 1/2) times their regular hourly wage rate. Overtime will not be permitted without prior authorization of the employee’s supervisor.

 

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

 

It is the responsibility of the superintendent’s designee to maintain such records.

 

Legal Reference:                    29 U.S.C. §§ 201 et. seq.; 29 C.F.R. Pt. 510-794.

 

Approved   01/28/91       Reviewed 02/15/2016       Revised 02/15/2016  

406.3 Personnel Continued Education Credit

Continued education on the part of certified personnel may entitle them to advancement on the salary schedule. Certified personnel who have completed twelve (12) additional hours beyond their bachelor’s degree will be considered for advancement on the salary schedule for continued education.

 

To receive credit for continuing education to apply toward advancement, the employee must file, with the superintendent, suitable proof of meeting the requirements. Such information must be supplied by August 30th. In addition, written notice must be given to the superintendent no later than the first day of work in the new school year.

 

It shall be the responsibility of the superintendent to make a recommendation to the board for advancement of a certified employee on the salary schedule.

 

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

 

Legal Reference:                    Iowa Code §§ 20.9; 279.8.

 

Approved   01/28/91               Reviewed   02/15/2016           Revised 02/15/2016   

406.4 Personnel Compensation for Extra Duty

A certified employee may volunteer or be required to take on extra duty, with the extra duty being secondary to the major responsibility of the certified employee.

 

Vacant extra duty positions, for which extra compensation will be earned, will be posted to allow qualified certified personnel to volunteer for the extra duty. If no certified employee volunteers for extra duty, the superintendent shall assign the extra duty positions to qualified certified personnel. The employee shall receive compensation for the extra duty required to be performed.

 

The board shall establish a salary schedule for extra duty personnel positions, keeping in mind the budget for the school district, the education and experience of the certificated employee, the educational philosophy of the school district, and other considerations as determined by the board.

 

It shall be the responsibility of the superintendent to make a recommendation to the board annually as to which certified employees shall have the extra duty, and the salary schedule for extra duty, for the board’s review.

 

The requirements stated in the Master Contract for PCM Community School District between employees in the certified collective bargaining unit and the board regarding wages and salaries of such employees shall be followed.

 

Legal Reference:                    Iowa Code §§ 20.9; 279.8.

 

Approved   01/28/91               Reviewed   02/15/2016           Revised 02/15/2016   

406.5 Personnel Group Insurance Benefits

Personnel shall be eligible for group insurance and health benefits as determined by the board and required by law. The board shall select the group insurance program and the insurance company which will provide the program.

 

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

 

Personnel shall be entitled to workers’ compensation and unemployment benefits in accordance with applicable law. Employees interested in these benefits should contact the superintendent’s designee.

 

The requirements stated in the Master Contract for PCM Community School District between employees in a certified collective bargaining unit and the board regarding the group insurance benefits of such employees shall be followed.

 

All applicable laws regarding the continuation of group health coverage after it would otherwise end will be followed.

 

Legal Reference:       

Iowa Code §§ 20.9; 85; 85B; 96; 279.12; 297.8-.16; 509; 509A; 509B.

26 U.S.C. § 162.

42 U.S.C. § 300bb-1 et seq.

 

Approved   01/28/91               Reviewed   02/15/2016           Revised 02/15/2016   

406.6 Personnel Tax Sheltered Programs

The board authorizes the administration to make payroll deduction for employee’s tax sheltered annuity premiums purchased through a company approved in the District’s plan administered through the Iowa Department of Administrative Services.

 

Employees wishing to have payroll deductions for tax-sheltered annuities shall request the appropriate form from the Business Office and return it to the Business Office once it has been signed by their qualified advisor.

 

The requirements stated in the Master Contract for PCM Community School District between employees in a collective bargaining unit and the board regarding the group benefits of such employees shall be followed.

 

 

Legal Reference:                    Iowa Code §§ 20.9, 260C; 273; 294.16, 509A.12.

                                                1988 Op. Att’y Gen. 38.

                                                1976 Op. Att’y Gen. 462, 602.

                                                1966 Op. Att’y Gen. 211, 220.

 

Approved   01/28/91               Reviewed 06/19/2017             Revised 06/19/2017       

407 Personnel Termination of Employment

407.1 Personnel Resignation

Certified Employees:

A certified employee who wishes to resign must file such resignation in writing with the board secretary and the superintendent within the time period set by the board for return of the contract or as otherwise provided by law. This applies to regular contracts for the certified employee’s regular duties. For an extracurricular contract for extra duty, the resignation must be filed within 21 days after the contract for the next school year has been received. Resignations of this nature will be accepted by the board.

 

The board may require an individual who has resigned from an extracurricular contract to accept the resigned position for only the subsequent school year when the board has made a good faith effort to find a replacement, the certified employee is continuing to be employed under a teaching contract by the school district, and the position has not been filled by June 1.

 

Classified Employees:

Classified employees who wish to resign during the school year shall give the superintendent written notice of their intent to resign and cancel their contract fourteen (14) calendar days prior to their last working day. In its discretion, the board may choose to not accept a resignation of a classified employee prior to finding a suitable replacement, and may recover any expenses incurred by the district arising from an employee’s early cancellation of contract.

 

Legal Reference:                    Iowa Code §§ 279.8, .13, .19A, .24.

 

Approved   01/28/91               Reviewed 02/15/2016             Revised 02/15/2016   

407.2 Personnel Contract Release

Employees who wish to be released from an executed contract must give thirty (30) days’ signed, written notice to the superintendent stating the reasons for and dates of the release. 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 will have sole discretion to determine what constitutes unusual and extreme circumstances.

 

Release from a contract will 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 the board the cost of advertising incurred to locate and hire a suitable replacement. Payment of these costs is a condition for release from the contract at the discretion of the board. Failure of the 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, and pursue any other remedies under the law.

 

Legal Reference:                    Iowa Code §§ 279.8; 279.13, .19A,.24.

                                               

Approved   01/28/91               Reviewed 02/15/2016             Revised 02/15/2016 

407.3 Personnel Retirement

Employees who will complete their current contract with the board may retire. No employee will be required to retire at a specific age.

 

Notice of retirement will be considered made when the employee states in writing to the board secretary and superintendent, no later than the date set by the board for the return of the employee’s contract to the board or as otherwise provided by law, the intent of the employee to retire.

 

Board action to approve an employee’s retirement is final and such action constitutes nonrenewal of the employee’s contract for the next school year.

 

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

 

Employees and their spouse and dependents, who have group insurance coverage through the school district, shall be allowed to continue coverage in the school district’s group health insurance program, at their own expense until age 65, by meeting the requirements of the insurer and applicable law.

 

Legal Reference:       

Iowa Code §§ 91A.2, .3, .5; 97B; 279.8, .13, .19A, .24, .46; 509A.1329 U.S.C. §§ 621 et seq.

581 I.A.C. 21.

1978 Op. Att’y Gen. 247.

1974 Op. Att’y Gen. 11, 322.

 

Approved   01/28/91               Reviewed 02/15/2016             Revised 02/15/2016   

407.4 Personnel Suspension

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

 

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

 

Legal Reference:                    Iowa Code §§ 279.8, .25, .27.

 

Approved   01/28/91               Reviewed 02/15/2016             Revised 02/15/2016   

407.5 Personnel Reduction in Force

The board has the exclusive authority to determine the appropriate number of employees and when a reduction in personnel is necessary.

 

The requirements stated in the Master Contract for PCM Community School District between employees in a collective bargaining unit and the board regarding the reduction in force of such employees will be followed.

 

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 such certified employees.

 

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

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

 

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

 

Classified Employees

Employees who are terminated due to a reduction in force shall be given thirty (30) days’ notice. Appropriate due process procedures as required by law will be followed in terminations due to a reduction in force.

 

It shall be the responsibility of the superintendent to make a recommendation for termination to the board. The superintendent will consider the relative qualifications, skills, ability and demonstrated performance through evaluation procedures, as well as any other relevant factors, in making the recommendations.

 

Legal Reference:                    Iowa Code §§ 279.8, 280.14.

 

Approved   01/28/91               Reviewed 02/15/2016             Revised 02/15/2016  

407.6 Certified Employee Voluntary Early Retirement Plan

The Board of Education (“the Board”) of the PCM Community School District (“the District”) offers an early retirement plan for full-time certified employees as set forth below:
 
PLAN PARTICIPATION
Non-Discrimination. The District will not discriminate against any employee on the basis of age, gender, sexual orientation, gender identity, race, color, creed, religion, national origin, or disability through the application or administration of this policy.
 
Eligibility and Application.  Full-time employees are certified employees who work 37 hours per week and who are currently performing their assigned duties within the District. An employee is eligible under the early retirement plan when the employee:

  1. Is 55 years of age or older on or before June 30 of the year in which the employee wishes to apply for their benefit;
  2. Completes a total of 15 years of service as a full-time certified employee to the District OR, for administrators, completes a total of 10 years of service as a full-time employee of the District;
  3. Submits an application, on the form provided by the District, to the superintendent of participation in the plan on or before February 15 of the year in which the employee wishes to retire. Applications submitted after February 15, but under no circumstances later than April 1, may be considered at the discretion of the Board depending on the circumstances for the late application;
  4. Submits a written resignation from all contracts with the District to be effective at the end of the contract year in which the resignation becomes effective. The resignation is contingent upon approval by the Board of participation in the voluntary early retirement plan; and,
  5. Receives Board approval on the employee’s application for participation in the early retirement plan, the employee’s resignation and the disbursement of early retirement incentive to the employee.

 
Board Approval. Approval by the Board of the employee’s early retirement application shall constitute acceptance of the employee’s resignation and shall constitute voluntary termination of all the employee’s contracts with the Board. Approval by the Board of the employee’s early retirement application shall also make the employee eligible for disbursement of the early retirement incentive September 1 following the employee’s approval for early retirement or a date mutually agreed upon by the school district and the employee.  Failure of the Board to approve the employee’s early retirement application will make the employee’s current contract with the Board continue in full force and effect, unless the employee otherwise resigns or is terminated.
 
INCENTIVE
This Plan shall consist of payment not to exceed $24,000.00 per certified person or 45% of current year’s base salary for those currently under an Administrative contract with the District. That amount shall be applied as follows:

  1. To continuation of individual health insurance benefits, with the district contributing no more than 1/6th of the incentive per year, subject to the requirements set by the District’s insurance carrier, until the retiring employee becomes eligible for Medicare insurance coverage. Subsequent annual increases in the case of individual premiums are the responsibility of the employee. If desired, the employee may also purchase additional health, dental, and vision coverage under the current insurance policies of the District. If an employee is not covered by health insurance in their last year of employment, or if the employee fails to pay the balance of the insurance premium, then the benefit shall be distributed in accordance with (b) below; and
  2. If the amount set forth above is in excess of the amount necessary to pay for individual health insurance as described in (a), the remainder shall be paid into the employee’s designated 403(b) provider over a six-year period in equal payments each year.

 
ADDITIONAL PROVISIONS
Maximum Amount Available. The Board has discretion annually to determine the total amount available to this program.
 
Designation of Beneficiary. In the event of the death of the employee prior to payment of the early retirement incentive but after the employee’s retirement has begun, the early retirement incentive will be paid to the designated beneficiary in one lump sum payment.  In the event no beneficiary is designated, the incentive will be paid to the employee’s estate in one lump sum payment.
 
Board’s Discretion. The Board has complete discretion to offer or not to offer an early retirement plan for employees. The Board may amend or discontinue the District’s early retirement plan at any time. The adoption of this Plan does not vest any right in any employee, whether or not such employee is currently eligible for early retirement.
 
The Board expressly reserves the right to deny any application for participation in this Plan.
 
If the Board decides that only a limited number of employees will be granted early retirement benefits in a given year, the Board will then determine the maximum number of employees who may receive the benefits described under this Plan. Recipients will be selected based on the greatest number of years of consecutive, regular full-time employment with the District. If there is a tie between or among employees using this method, the tie will be broken by a random process, as determined by the Board.
 
The Board shall have full discretion to waive any requirement of this Plan at any time, in its sole discretion. However, under no circumstances shall the waiver of any requirement in an individual case constitute precedent with regard to any future request for a waiver. Nothing herein shall limit the Board’s ability to change the terms of its existing health insurance plan at any time.
 
Severability. Should any portion of this Plan be in conflict with the law, that portion shall be invalid and all other portions shall remain in full force and effect.
 
 
Legal Reference: 29 U.S.C. §§ 621 et seq. (2010).
42 U.S.C. §§ 300bb-1 et seq. (2010)
Iowa Code §§ 279.8; 279.46; 509A.13; 509B (2010).
 
Approved 01/23/06       Reviewed   01/19/2015        Revised 01/19/2015     

407.7 Personnel Dismissal

The board believes employees should perform their assigned job duties, respect and follow board policy, and obey the law. Appropriate due process procedures as required by law shall be followed.

 

The requirements stated in the Master Contract for PCM Community School District between employees in a collective bargaining unit and the board regarding the dismissal of such employees will be followed.

 

Certified Employees

In the event of the dismissal of a certified employee, the superintendent and board shall follow all procedures as required by law.

 

Classified Employees

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

 

The superintendent shall notify the board when the dismissal of classified personnel has occurred.

 

Legal Reference:                    Iowa Code § 279.8, .15-.18.

 

Approved   01/28/91       Reviewed 02/15/2016      Revised 02/15/2016   

408 Personnel Professional Growth

408.1 Employee Professional Development

The board encourages certified 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 certified employees.

 

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

 

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

 

The requirements stated in the Master Contract for PCM Community School District between employees in the certified collective bargaining unit and the board regarding professional development of such employees will be followed.

 

Legal Reference:                   

Iowa Code §§ 279.8, 284.

281 I.A.C. 12.7

 

Approved   01/28/91       Reviewed 02/15/2016       Revised 02/15/2016  

408.2 Employee Publication or Creation of Materials

Materials created by employees and the financial gain wherefrom are the property of the school district if school materials and time were used in their creation and/or such materials were created in the scope of the employee’s employment.

 

The employee must seek prior written approval of the superintendent concerning such activities.

 

Legal Reference:                    Iowa Code §§ 279.8.

 

Approved   01/28/91       Reviewed 02/15/2016       Revised 02/15/2016  

408.3 Employee Tutoring

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

 

Certified employees may only tutor students other than those for whom the teacher is currently exercising teaching, administrative or supervisory responsibility unless approved by the superintendent.

 

Tutoring for a fee or other compensation may not take place within school facilities or during regular school hours unless approved by the superintendent.

 

Legal Reference:                    Iowa Code §§ 279.8; 721.2.

 

Approved   01/28/91       Reviewed 02/15/2016       Revised 02/15/2016   

409 Personnel Vacations and Leaves of Absence

409.1 Personnel Vacation - Holidays - Personal Leave

The board shall determine the amount of annual vacation, personal leave and holidays that will be allowed for personnel.

 

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

 

Vacation:

Full-time twelve month employees are entitled to the following vacation schedule:

 

Years of Service Completed  Days Annually             Accrual per Pay Period (12)

       Upon Employment*                5 Days                             0.42 Days

                   1 – 4                          10 Days                          0.84 Days

                  5 – 11                         15 Days                           1.25 Days

                    12+                           20 Days                          1.67 Days

 

*Employees beginning employment in the middle of the school year will have their vacation days prorated based on their total contract days.

 

Vacation may be taken any time during the year when the vacation will not disrupt the operation of the school district. The employee must submit a vacation request to their immediate supervisor at least five (5) days in advance, except for emergency situations.

 

Personal Days:

Full-time regular employees, who work at least 178 days per year, will be allowed a maximum of three (3) days of personal leave to accomplish personal business that cannot be conducted outside the work day.  The employee must, whenever possible, submit a personal leave request two (2) days prior to the leave day. Except in cases of serious emergency, this leave may be denied if it falls on the day before or the day after a holiday or vacation, it falls on a day when services would be necessary, it would cause undue interruption to the educational program or to a program demanding the employee’s services to the department, or other reasons deemed relevant by the superintendent. It shall be within the discretion of the superintendent to grant personal leave. Personnel may receive compensation, at a per diem rate, for two (2) days of unused personal leave.

 

Holidays:

Employees will be paid only for the hours they would have been scheduled for the day. Holiday pay for employees will be based on the following guidelines:

 

Full-Time Twelve Month Employees (8 Paid Holidays)

July 4

Labor Day

Thanksgiving Day

Christmas

New Year’s

Memorial Day

Floating Holiday (2)

 

Full-Time Ten or Eleven Month Employees (5 Paid Holidays)

Labor Day

Thanksgiving Day

Christmas

New Year’s

Memorial Day

 

School Year and Part-Time Employees

All employees who work during the school academic year and/or are part-time employees are not entitled to holiday pay.

 

 

Legal Reference:        Iowa Code §§ 1C.1-.2; 4.1(34); 20.9; 279.8.

 

Approved   1/28/91       Reviewed 03/21/2016       Revised 03/21/2016 

409.2 Personnel Professional Purposes Leave

Certified Employees

Professional purposes leave may be granted to certified personnel to participate in a professional conference or event for continued professional development, or for visitation to view other instructional techniques or programs.

 

Requests for professional leave shall be in writing to the principal at least two (2) weeks in advance of the proposed leave. It shall be within the discretion of the principal to deny or grant the leave. In making this determination, the principal will consider the role of the employee in the conference or event and the effect of the certified employee’s absence on the educational program and the operations of the school district. A principal shall submit the employee’s request for professional leave to the superintendent.

 

The requirements stated in Article III of the Master Contract between employees in the certified collective bargaining unit and the board regarding the professional purposes leave of such employees shall be followed.

 

Classified Employees

Professional purposes leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments. Application for the leave must be presented two (2) weeks prior to the meeting or conference.

 

It shall be within the discretion of the superintendent to grant professional purposes leave. The leave may be denied if it is to occur on the day before or after a vacation or holiday, on special days when services are needed, when it would cause undue interruption of school business, or for other reasons deemed relevant by the superintendent.

 

Legal Reference:                   

Iowa Code §§ 20.9, 279.8, 279.12.

                                               

Approved   01/28/91       Reviewed 03/21/2016       Revised 03/21/2016   

409.3 Personnel 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 a rolling twelve (12) month period measured backward from the date an employee uses any family and medical leave. Requests for family and medical leave shall 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 regulations. Employees eligible for family and medical leave must comply with the family and medical leave regulations prior to starting family and medical leave.

 

It is the responsibility of the employee to contact the business office to obtain the correct forms prior to starting family and medical leave, if possible. The employee may be required to obtain medical certification prior to the family and medical leave request being granted.

 

The requirements stated in the Master Contract between employees in a collective bargaining unit and the board regarding family and medical leave of such employees shall be followed.

 

Legal Reference:                   

Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394.

26 U.S.C. § 2601 et seq.

29 C.F.R. Pt. 825

Iowa Code §§ 20; 85.33, .34. 38 (3); 216; 279.40.

1980 Op. Att’y Gen. 605.

1972 Op. Att’y Gen. 177, 353.

1952 Op. Att’y Gen. 91.

 

Approved   01/28/91                Reviewed 03/21/2016             Revised 03/21/2016   

409.4 Personnel Illness/Disability Leave

Employees shall be granted ten (10) days of paid sick leave in their first (1st) year of employment. Each consecutive year thereafter, one (1) additional day of sick leave will be granted to the employee up to a maximum of fifteen (15) days per fiscal year. “Day” is defined as one (1) work day regardless of full-time or part-time status of the employee. A new employee shall report for work at least one (1) full work day prior to receiving sick leave benefits. A returning employee will be granted the appropriate number of days at the beginning of each fiscal year.

 

Unused sick leave may be accumulated from year to year up to a maximum of ninety-five (95) days.

 

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

 

When illness/disability leave has been or will be greater than three (3) consecutive days, the employee shall comply with the board policy on “Personnel Extended Illness Leave.”

 

Evidence may be required regarding the mental or physical health of the employee when the administration has a concern about the employee’s health. Evidence may also be required to confirm the employee’s illness, the need for the illness leave, the employee’s ability to return to work, and the employee’s capability to perform the duties of the employee’s position. It shall be within the discretion of the board and the superintendent to determine the type and amount of evidence necessary.

 

The requirements stated in the Master Contract for PCM Community School District between employees in a collective bargaining unit and the board regarding the illness/disability leave of such employees shall be followed.

 

Legal Reference:                    Iowa Code §§ 20.9; 85; 279.40; 280.21A.

                                               

Approved   01/28/91       Reviewed 03/21/2016       Revised   03/21/2016   

409.5 Personnel Extended Illness Leave

Employees advised of a health condition which may require absence for more than three (3) days, with “day” being defined as one (1) work day regardless of full-time or part-time status of an employee, shall inform their supervisor as soon as possible so arrangements can be made for an effective transition of responsibilities to a substitute.

 

Evidence may be required about the mental or physical status of the employee to confirm the need for an illness leave of absence, the employee’s illness, and the ability of the employee to continue work until the beginning date of the extended illness leave.

 

An employee on extended illness leave should report for work as soon as the individual is capable of performing work. Upon returning to work, the employee may be required to present medical evidence that the employee is capable of returning to and performing the duties required at work.

 

Pay provisions for extended illness leave will be coordinated with sick leave. Extended illness leave may coincide with the provisions of the Family and Medical Leave Act. To the extent permitted by applicable law, the school district may require additional statements from the employee’s physician or other evidence as may be requested by the school district in order to confirm the necessity for such leave. It will be within the discretion of the board or superintendent to determine the type and amount of evidence necessary.

 

Requirements stated in the Master Contract for PCM Community School District between employees of a collective bargaining unity and the board regarding extended leaves of absence for such employees shall be followed.

 

Legal Reference:                    Iowa Code §§ 20.9; 279.8; 279.40.

 

Approved   01/28/91       Reviewed 03/21/2016       Revised   03/21/2016  

409.6 Personnel Emergency Leave

The board realizes an emergency may arise which would necessitate an employee’s absence from work which is not covered by another form of leave of absence.  Such leave shall be called emergency leave.

 

Emergency leave may be granted where, because of serious illness or injury by accident of a close family member of an employee, the employee is the one responsible for the care of the family member. Close family member shall mean spouse, parent, brother, sister, step-child (custodial care of the employee), or child of the employee.

 

Employees will be allowed up to three (3) days leave, non-accumulative, with pay for each emergency. Requests for emergency leave shall be reported to the principal and his/her designee prior to such leave if at possible.

 

The requirements stated in the Master Contract for PCM Community School District between the employees in a collective bargaining unit and the board regarding emergency leave of such employees shall be followed.

 

Legal Reference:                    Iowa Code §§ 20.9; 279.8.

 

Approved   01/28/91       Reviewed 03/21/2016       Revised 03/21/2016   

409.7 Personnel Bereavement Leave

In the case of death, the employee shall be granted permission to be absent from duty by the superintendent for as many days, not to exceed five (5), as may be necessary in the opinion of the superintendent for the attendance at the funeral and for any other purpose directly arising out of said death, but shall not be permitted to use said leave for any other purpose; and no deduction of pay shall be made for the days of absence so granted.

 

In the case of death of spouse, parent, father-in-law, mother-in-law, brother, brother-in-law, sister, sister-in-law or child, such absence shall be allowed without loss of pay up to five (5) full days.

 

In the case of death of grandchildren or grandparents, such absence shall be allowed without loss of pay up to three (3) full days.

 

In the case of the death of aunts, uncles, nieces or nephews, such absence shall be allowed without loss of pay for one (1) full day.

 

In cases where employees feel an obligation to attend a funeral of a close friend, or other relative not specified in the above paragraphs, the employee may request leave in writing to the superintendent or his/her designee. Paid leave may be granted. If paid leave is not granted, the employee may be excused and shall lose only the amount of pay which would be paid to a substitute.

 

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

 

Legal Reference:                    Iowa Code §§ 20.9; 279.8.

 

Approved   01/28/91       Reviewed 03/21/2016       Revised 03/21/2016   

409.8 Personnel Political Leave

The board will provide a leave of absence to personnel to run for elective public office. The superintendent shall grant an employee a leave of absence to campaign as a candidate for any elective public office as unpaid leave. However, such employee shall not campaign while on duty as an employee.

 

The employee will be entitled to one (1) period of leave to run for the elective public office, and the leave may commence anytime within thirty (30) days of a contested primary, special, or general election and continue until the day following the election.

 

The request for leave must be in writing to the superintendent at least thirty (30) days prior to the starting date of the requested leave.

 

Leaves of absence for service in an elected office will be granted in accordance with applicable law.

 

Legal Reference:                    Iowa Code §§ 55.

                                               

Approved   01/28/91       Reviewed 03/21/2016       Revised 03/21/2016  

409.9 Personnel Legal Leave

Jury Duty

The board will allow personnel to be excused for jury duty. The employee shall give reasonable notice of the jury duty service to the district and may be requested to provide evidence of the jury duty service performed.

 

An employee who is called to jury service shall be permitted to be absent from his/her duties without loss of pay and without charge against any leave. It is understood that no payment shall be made to an employee for such service on any day on which the employee would not have worked for the school district. An employee not required to perform jury duty all day shall return to work. Pay received for jury service, except mileage payments, shall be transmitted to the district within thirty (30) days of the receipt of payment.

 

The requirements stated in the Master Contract for PCM Community School District between the employees of a collective bargaining unit and the board regarding leave for jury duty shall be followed.

 

Court Subpoena

Employees may be excused without pay or may use a personal leave day for a court­-issued subpoena.  If the subpoena is issued for a school-related matter, and not for a personal matter, leave with pay will be granted.  The employees must request permission to do such from the superintendent or superintendent’s designee.

 

Legal Reference:                    Iowa Code §§ 20.9; 607A.45.

 

Approved   01/28/91       Reviewed 03/21/2016      Revised 03/21/2016   

409.10 Personnel Military Service Leave

The board recognizes personnel may be ordered by proper authority to state active duty, state military service, federal military service, or a civil air patrol mission. If an employee, other than an employee employed temporarily for six months or less, is so ordered to serve, the employee shall have a leave of absence for military service not to exceed the enlistment or draft period.

 

The leave shall be without loss of status or efficiency rating and without loss of pay during the first thirty (30) days of the leave.

 

For the duration of such leave and upon returning from such leave, the employee shall be entitled to those rights and benefits provided by applicable state and federal law.

 

On completion of the military service, the employee is entitled to reinstatement at the same position and classification he/she would have received had he/she not taken such leave but subject to the following conditions:

  1. That the position was not abolished;
  2. That he/she is physically and mentally capable of performing the duties of the position;
  3. That he/she makes written application for reinstatement to the superintendent/ designee within 90 days after termination of military service; and
  4. That he/she submits an honorable separation from the military service.

 

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

 

Legal Reference:                   

Iowa Code §§ 29A.28; 38 U.S.C. §§ 4301 et seq.

20 C.F.R. pt. 1002.

 

Approved   01/28/91       Reviewed 03/21/2016       Revised 03/21/2016  

409.11 Personnel Unpaid Leave

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies of the board. Unpaid leave for personnel must be authorized by the superintendent.

 

Whenever possible, personnel shall make a written request for unpaid leave five (5) days prior to the beginning date of the requested leave. If the leave is granted, the deductions in salary shall be made unless they are waived specifically by the superintendent.

 

The superintendent shall have complete discretion to grant or deny the requested unpaid leave. In making this determination, the superintendent shall consider the effect of the employee’s absence on the educational program and school district operations, their length of service, previous record of absences, the reason for the requested absence and any other factors the superintendent believes are relevant to make this determination.

 

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

 

The requirements stated in the Master Contract for PCM Community School District between employees in a certified collective bargaining unit and the board regarding the unpaid leave of such employees shall be followed.

 

Legal Reference:                    Iowa Code §§ 20.9; 279.8.

 

Approved   01/28/91       Reviewed 03/21/2016       Revised 03/21/2016  

410 Other Personnel

410.1 Personnel Substitutes

The board recognizes the need for substitutes.

 

All substitutes will need to qualify for their IPERS benefit. The requirements for qualification include earning $1,000 in gross wages each quarter for two (2) consecutive quarters. Once you have qualified, you will begin receiving IPERS benefits the next quarter and will continue to receive this benefit until your employment with the PCM Community School District has ended.

 

Certified Substitutes

Certified substitutes shall be licensed to substitute in Iowa.

 

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

 

Substitute teachers will be paid a per diem rate of $120.00. Substitutes assigned to a long-term assignment will be paid the per diem rate for a beginning teacher holding a bachelor’s degree, exclusive of TSS funds, for each day worked during the assignment. The superintendent will determine which assignments qualify as long-term. Substitute teachers are expected to perform the same duties as the certified employee.

 

Classified Substitutes

The superintendent shall hire substitute and temporary classified personnel as deemed necessary.

 

 

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

                                    (Iowa 1987).

                                    Iowa Code §§ 20.1, .4(5), .9 (1995); 279.8; 279.20; 280.14.

                                    281 I.A.C. 12.4.

 

Approved   1/28/91                 Reviewed 08/15/2016       Revised   08/15/2016   

410.2 Shared Personnel

The board may make arrangements for sharing school district personnel with neighboring school districts in order to expand the opportunities available in the educational program and the operation of the school district. It shall be within the discretion of the board to determine when and with which school district sharing agreements will be made.

 

It shall be the responsibility of the superintendent to bring to the board’s attention opportunities for sharing school district personnel with neighboring school districts.

 

Legal Reference:                   

Iowa Code §§ 28E; 256.13; 257.11; 280.15.

281 I.A.C. 7.

 

Approved   01/28/91       Reviewed 03/21/2016       Revised   03/21/2016    

410.3 Summer School Personnel

It shall be within the discretion of the board to offer an educational program during the summer recess. Certified personnel who volunteer or who are appointed to deliver the summer educational program shall be compensated in addition to their regular duties during the school academic year, unless such arrangements are made prior to determining the employee’s compensation for the year.

 

Should the board determine a summer educational program is necessary, certified personnel shall be given the opportunity to volunteer for the positions available. If the board determines a course must be offered and no employee volunteers for the position, the board will make the necessary arrangements to fill the position. The board will consider applications from volunteers of current certified personnel in conjunction with other applications.

 

It shall be the responsibility of the superintendent to make a recommendation to the board regarding the need for and the delivery of the summer educational program.

 

Legal Reference:                    Iowa Code §§ 279.8, .10, .11; 280.14.

 

Approved   01/28/91       Reviewed 03/21/2016       Revised 03/21/2016   

410.4 Student Teacher - Internships

The board will cooperate with post-secondary educational institutions to assist in the practical preparation of teachers and other certified personnel positions. Student teachers and other student interns may be accepted for duties in the school district.

 

Certified personnel shall not be required to accept student teachers or student interns. Experienced teachers and teachers in good standing shall be allowed to have student teachers or student interns.

 

It shall be the responsibility of the superintendent to make arrangements with the post-secondary educational institutions for student teachers and student interns. Such arrangements shall safeguard the interests of the school district, its employees and its students.

 

It shall be the responsibility of the post-secondary educational institution to provide sufficient supervision over the work of these student teachers or interns to make their presence beneficial to the school district.

 

The requirements stated in Article XII of the Master Contract between employees in that certified collective bargaining unit and the board regarding supervision of student teachers of such employees shall be followed.

 

Legal Reference:                    Iowa Code §§ 272.27, 279.8, 670.8.

                                               

Approved   01/28/91       Reviewed 03/21/2016                   Revised 03/21/2016