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100 - SCHOOL DISTRICT
100 - SCHOOL DISTRICT dawn.gibson.cm… Tue, 07/25/2023 - 12:19100 - Legal Status of the School District
100 - Legal Status of the School DistrictIowa law authorizes the creation of a Common Schools System. As part of this Common Schools System, this school district is a school corporation created and organized under Iowa law. This school district is known as the Gilmore City-Bradgate Community School District.
This school corporation is located in Humboldt, Pocahontas, and Webster Counties, and its affairs are conducted by elected school officials, the Gilmore City-Bradgate Community School District Board of Directors. This school corporation has exclusive jurisdiction over school matters in the territory of the school district.
Legal Reference: Iowa Code §§ 274.1, .2, .6, .7; 278.1(9); 279.8; 594A (2001)
Cross Reference: 200 Legal Status of the Board of Directors
Approved 1-15-90
Reviewed 11-21-94; 03-18-02; 10-17-06; 08-15-11; 01-13-16
Revised 4-8-02
101 - Educational Philosophy of the School District
101 - Educational Philosophy of the School DistrictAs a school corporation of Iowa, the Gilmore City-Bradgate Community School District, acting through its board of directors, is dedicated to promoting an equal opportunity for a quality public education to its students. The board’s ability may be limited by the school district's ability and willingness to furnish financial support in cooperation with student’s parents and school district community. The board is also dedicated to providing the opportunity to develop a healthy social, intellectual, emotional, and physical self-concept in a learning environment that provides guidance to and encourages critical thinking in the students for a lifetime.
The board endeavors, through the dedication of the school district's resources, to encourage students, who come to the school district from a variety of backgrounds, to look forward to the time when they will have jobs, homes, families, places in the school district community, and attain recognition as individuals. In order to achieve this goal, the board will seek qualified employees dedicated to development of their professional skills for the betterment of the education program and for the expertise for educational productivity.
Instruction and curriculum are the key elements of a public education. Critical thinking and problem solving skills that will assist the students' preparation for life is instructed as part of a sequentially coordinated curriculum. The school district strives to prepare students for employment, to discover and nurture creative talent and to prepare them to meet and cope with social change in an atmosphere conducive to learning.
The support and involvement of the home and the school district community are essential to achieve educational excellence in the school district. The school district strives to maintain an active relationship with the home and the school district community to create within the students an awareness of dignity and worth of the individual, civic responsibility and respect for authority.
The Board has adopted the following mission statement for the District:
Our Mission – on behalf of the students of the Gilmore City-Bradgate Community School District is “To promote and provide excellence in education so each student is prepared with the skills for a lifetime of learning enabling each to become a responsible, productive member of a global society.”
Legal Reference: Iowa Code §§ 256.11, .11A (2001).
Cross Reference: 102 Equal Educational Opportunity
103 Long-Range Needs Assessment
209 Board of Directors' Management Procedures
600 Goals and Objectives of the Education Program
602 Curriculum Development
Approved 1-15-90
Reviewed 11-21-94; 03-18-02; 10-17-01; 08-15-11; 01-13-16
Revised 12-20-94; 04-08-02; 09-19-11
102 - Equal Educational Opportunity
102 - Equal Educational OpportunityThe board will not discriminate in its educational activities on the basis of race, color, national origin, socioeconomic status, sexual orientation, gender identity, religion, creed, sex, disability, or marital status.
The board requires all persons, agencies, vendors, contractors and other persons and organizations doing business with or performing services for the school district to subscribe to all applicable federal and state laws, executive orders, rules and regulations pertaining to contract compliance and equal opportunity.
The board is committed to the policy that no otherwise qualified person will be excluded from educational activities on the basis of race, color, religion, creed, sex, marital status, national origin, socioeconomic status, sexual orientation, gender identity or disability. Further, the board affirms the right of all students and staff to be treated with respect and to be protected from intimidation, discrimination, physical harm and harassment.
Legal Reference: 20 U.S.C. §§ 1221 et seq. (1994).
20 U.S.C. §§ 1681 et seq. (1994).
20 U.S.C. §§ 1701 et seq. (1994).|
29 U.S.C. § 794 (1994).
42 U.S.C. §§ 12101 et seq. (1994).
34 C.F.R. Pt. 100 (1999).
34 C.F.R. Pt. 104 (1999).
Iowa Code §§ 216.9; 256.11, .11A; 280.3 (2001).
281 I.A.C. 12.
Cross Reference: 101 Educational Philosophy of the School District
401.1 Equal Employment Opportunity
500 Objectives for Equal Educational Opportunities for Students
506.1 Student Records
Approved 01-15-90
Reviewed 11-16-92; 11-21-94; 03-18-02; 10-17-06; 11-17-08; 08-15-11; 01-13-16
Revised 12-21-92; 04-08-02; 12-15-01
102.E1 - Notice of Nondiscrimination
102.E1 - Notice of NondiscriminationStudents, parents, employees and others doing business with or performing services for the Gilmore City-Bradgate Community School District are hereby notified that this school district does not discriminate on the basis of race, age (except students), religion, color, national origin, creed, sex, marital status, socioeconomic status, sexual orientation, gender identity or disability in admission or access to, or treatment in, its programs and activities. Any person having inquiries concerning the school district's compliance with the regulations implementing Title VI, Title VII, Title IX, the Americans with Disabilities Act (ADA), § 504 or Iowa Code § 280.3 is directed to contact:
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Superintendent |
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Gilmore City-Bradgate Community School |
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515/373-6619 |
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who has been designated by the school district to coordinate the school district's efforts to comply with the regulations implementing Title VI, Title VII, Title IX, the ADA, § 504 and Iowa Code 280.3.
102.E2 - Grievance Form for Complaints of Discrimination or Non-Compliance with Federal or State Regulations Requiring Non-Discrimination
102.E2 - Grievance Form for Complaints of Discrimination or Non-Compliance with Federal or State Regulations Requiring Non-Discrimination
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102.E3 - Grievance Documentation
102.E3 - Grievance DocumentationName of Individual Alleging Discrimination or Non-Compliance
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State the nature of the complaint and the remedy requested.
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Indicate Principal's or Supervisor's response or action to above complaint.
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102.E4 - Section 504 Student and Parental Rights
102.E4 - Section 504 Student and Parental RightsThe Gilmore City-Bradgate Community School District does not discriminate in its educational programs and activities on the basis of a student's disability. It has been determined that your child has a qualifying disability for which accommodations may need to be made to meet his or her individual needs as adequately as the needs of other students. As a parent, you have the right to the following:
· participation of your child in school district programs and activities, including extracurricular programs and activities, to the maximum extent appropriate, free of discrimination based upon the student's disability and at the same level as students without disabilities;
· receipt of free educational services to the extent they are provided students without disabilities:
· receipt of information about your child and your child's educational programs and activities in your native language;
· notice of identification of your child as having a qualifying disability for which accommodations may need to be made and notice prior to evaluation and placement of your child and right to periodically request a re-evaluation of your child;
· inspect and review your child's educational records including a right to copy those records for a reasonable fee; you also have a right to ask the school district to amend your child's educational records if you feel the information in the records is misleading or inaccurate; should the school district refuse to amend the records, you have a right to a hearing and to place an explanatory letter in your child's file explaining why you feel the records are misleading or inaccurate;
· hearing before an impartial hearing officer if you disagree with your child's evaluation or placement; you have a right to counsel at the hearing and have the decision of the impartial hearing officer reviewed.
Inquiries concerning the school district's compliance with the regulations implementing Title VI, Title IX, the Americans with Disabilities Act (ADA), § 504 or Iowa Code § 280.3 should be directed to:
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Superintendent |
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Gilmore City-Bradgate Community School |
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515/373-6619 |
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who has been designated by the school district to coordinate the school district's efforts to comply with the regulations implementing Title VI, Title IX, the ADA, § 504 and Iowa Code 280.3. (2001)
102.R1 - Grievance Procedure
102.R1 - Grievance ProcedureStudents, parents of students, employees, and applicants for employment in the school district will have the right to file a formal complaint alleging discrimination under federal or state regulations requiring non-discrimination in programs and employment.
Level One - Principal, Immediate Supervisor or
Personnel Contact Person
(Informal and Optional - may be bypassed by the grievant)
Employees with a complaint of discrimination based upon their gender, race, national origin, religion, creed, age or disability are encouraged to first discuss it with their immediate supervisor, with the objective of resolving the matter informally. An applicant for employment with a complaint of discrimination based upon their gender, race, national origin, religion, age or disability are encouraged to first discuss it with the personnel contact person.
A student, or a parent of a student, with a complaint of discrimination based upon their gender, race, national origin, creed, religion, marital status or disability are encouraged to discuss it with the instructor, counselor, supervisor, building administrator, program administrator or personnel contact person directly involved.
Level Two - Compliance Officer
If the grievance is not resolved at level one and the grievant wishes to pursue the grievance, the grievant may formalize it by filing a complaint in writing on a Grievance Filing Form, which may be obtained from the Compliance Officer. The complaint will state the nature of the grievance and the remedy requested. The filing of the formal, written complaint at level two must be within 15 working days from the date of the event giving rise to the grievance, or from the date the grievant could reasonably become aware of such occurrence. The grievant may request that a meeting concerning the complaint be held with the Compliance Officer. A minor student may be accompanied at that meeting by a parent or guardian. The Compliance Officer will investigate the complaint and attempt to resolve it. A written report from the Compliance Officer regarding action taken will be sent to the involved parties within a reasonable time after receipt of the complaint.
Level Three – Administrator designee
If the complaint is not resolved at level two, the grievant may appeal it to level three by presenting a written appeal to the superintendent within five working days after the grievant receives the report from the Compliance Officer, the grievant may request a meeting with the Superintendent. The superintendent may request a meeting with the grievant to discuss the appeal. A decision will be rendered by the superintendent within a reasonable time after the receipt of the written appeal. If, in cases of disability grievances at the elementary and secondary level, the issue is not resolved through the grievance process, rather, the parents have a right to an impartial hearing to resolve the issue.
This procedure in no way denies the right of the grievant to file formal complaints with the Iowa Civil Rights Commission, the U.S. Department of Education Office for Civil Rights or Office of Special Education Programs, the Equal Employment Opportunity Commission, or the Iowa Department of Education for mediation or rectification of civil rights grievances, or to seek private counsel for complaints alleging discrimination.
Level Four - Appeal to Board
If the grievant is not satisfied with the superintendent's decision, the grievant can file an appeal with the board within five working days of the decision. It is within the discretion of the board to determine whether it will hear the appeal.
The Compliance Officer is:
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Superintendent of Schools |
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402 SE “E” Ave |
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515-373-6124 |
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8:00 A.M. – 4:00 P.M. |
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103 - Long-Range Needs Assessment
103 - Long-Range Needs AssessmentLong-range needs assessment enables the school district to analyze assessment data, get feedback from the community about its expectation of students and determines how well students are meeting student learning. The board will conduct ongoing and in-depth needs assessment, soliciting information from business, labor, industry, higher education and community members, regarding their expectations for adequate student preparation.
In conjunction with the in-depth needs assessment of the school district, the board will authorize the appointment of a committee, representing administrators, employees, parents, students and community members, to make recommendations and assist the board in determining the priorities of the school district in addition to the basic skills areas of the education program.
Annual Progress Reports, circulated in September (on the school website and in the main office), will solicite feedback from local patrons regarding long-range goals, needs assessments and related information.
It is the responsibility of the superintendent to ensure the school district community is informed of students' progress on state and locally determined indicators. The superintendent will report annually to the board about the means used to keep the community informed.
As a result of the board and committee's work, the board will determine major educational needs and rank them in priority order; develop long-range goals and plans to meet the needs; establish and implement short-range and intermediate-range plans to meet the goals and to attain the desired levels of student performance; evaluate progress toward meeting the goals and maintain a record of progress under the plan that includes reports of student performance and results of school improvement projects; and annually report the school district's progress made under the plan to the committee, community and Iowa Department of Education.
Legal Reference: Iowa Code §§ 21; 256.7; 280.12, .18 (2001).
281 I.A.C. 12.8(1)(b).
Cross Reference: 101 Educational Philosophy of the School District
200 Legal Status of the Board of Directors
208 Committees of the Board of Directors
603.1 Basic Instruction Program
801.1 Buildings and Sites Long Range Planning
801.2 Buildings and Sites Surveys
Approved 01-15-90
Reviewed 03-18-02; 10-17-06; 08-15-11; 01-13-16
Revised 04-08-02; 09-19-11
103.R1 - Long-Range Needs Assessment Process
103.R1 - Long-Range Needs Assessment ProcessSchool districts also need to develop a process for long-range needs assessment. The process needs to include three items.
- provisions for collecting, analyzing and reporting information derived from local, state and national sources;
- provisions for reviewing information acquired on the following:
- state indicators and other locally determined indicators,
- locally established student learning goals,
- specific data collection required by state and federal programs;
- provisions for collecting and analyzing assessment data on the following:
- state indicators,
- locally determined indicators,
- locally established student learning goals.
The long-range needs assessment process in mandatory but it does not need to be an administrative regulation supporting the long-range needs assessment policy. It is, however, recommended that it become an administrative regulation to support the policy to ensure completeness and consistency.
104 - Anti-Bullying/Anti-Harassment Policy
104 - Anti-Bullying/Anti-Harassment PolicyHarassment and bullying of students and employees are against federal, state and local policy, and are not tolerated by the board. The board is committed to providing all students with a safe and civil school environment in which all members of the school community are treated with dignity and respect. To that end, the board has in place policies, procedures, and practices that are designed to reduce and eliminate bullying and harassment as well as processes and procedures to deal with incidents of bullying and harassment. Bullying and harassment of students by students, school employees, and volunteers who have direct contact with students will not be tolerated in the school or school district.
The board prohibits harassment, bullying, hazing, or any other victimization, of students, based on any of the following actual or perceived traits or characteristics, including but not limited to, 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, or familial status. Harassment against employees based upon race, color, creed, sex, sexual orientation, gender identity, national origin, religion, age or disability is also prohibited.
This policy is in effect while students or employees are on property within the jurisdiction of the board; while on school-owned or school-operated vehicles; while attending or engaged in school-sponsored activities; and while away from school grounds if the misconduct directly affects the good order, efficient management and welfare of the school or school district.
If, after an investigation, a student is found to be in violation of this policy, the student shall be disciplined by appropriate measures up to, and including, suspension and expulsion. If after an investigation a school employee is found to be in violation of this policy, the employee shall be disciplined by appropriate measures up to, and including, termination. If after an investigation a school volunteer is found to be in violation of this policy, the volunteer shall be subject to appropriate measures, up to, and including, exclusion from school grounds. “Volunteer” means an individual who has regular, significant contact with students.
Harassment and bullying mean any electronic, written, verbal, or physical act or conduct toward a student which is based on any actual or perceived trait or characteristic of the student and which creates an objectively hostile school environment that meets one or more of the following conditions:
- Places the student in reasonable fear of harm to the student’s person or property;
- Has a substantially detrimental effect on the student’s physical or mental health;
- Has the effect of substantially interfering with the student’s academic performance; or
- Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
“Electronic” means any communication involving the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, electronic text messaging or similar technologies.
Harassment and bullying may include, but are not limited to, the following behaviors and circumstances:
- Verbal, nonverbal, physical or written harassment, bullying, hazing, or other victimization that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;
- Repeated remarks of a demeaning nature that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;
- Implied or explicit threats concerning one's grades, achievements, property, etc. that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;
- Demeaning jokes, stories, or activities directed at the student that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim; and/or
- Unreasonable interference with a student's performance or creation of an intimidating, offensive, or hostile learning environment.
Sexual harassment means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:
- Submission to the conduct is made either implicitly or explicitly a term or condition of the student’s education or benefits;
- Submission to or rejection of the conduct by a school employee is used as the basis for academic decisions affecting that student; or
- The conduct has the purpose or effect of substantially interfering with the student’s academic performance by creating an intimidating, hostile, or offensive education environment.
In situations between students and school officials, faculty, staff, or volunteers who have direct contact with students, bullying and harassment may also include the following behaviors:
- Requiring that a student submit to bullying or harassment by another student, either explicitly or implicitly, as a term or condition of the targeted student’s education or participation in school programs or activities; and/or
- Requiring submission to or rejection of such conduct as a basis for decisions affecting the student.
Any person who promptly, reasonably, and in good faith reports an incident of bullying or harassment under this policy to a school official, shall be immune from civil or criminal liability relating to such report and to the person’s participation in any administrative, judicial, or other proceeding relating to the report. Individuals who knowingly file a false complaint may be subject to appropriate disciplinary action.
Retaliation against any person, because the person has filed a bullying or harassment complaint or assisted or participated in a harassment investigation or proceeding, is also prohibited. Individuals who knowingly file false harassment complaints and any person who gives false statements in an investigation shall be subject to discipline by appropriate measures, as shall any person who is found to have retaliated against another in violation of this policy. Any student found to have retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion. Any school employee found to have retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment. Any school volunteer found to have retaliated in violation of this policy shall be subject to measures up to, and including, exclusion from school grounds.
The school or school district will promptly and reasonably investigate allegations of bullying or harassment. The principal or designee will be responsible for handling all complaints by students alleging bullying or harassment. The superintendent or designee will be responsible for handling all complaints by employees alleging bullying or harassment.
It also is the responsibility of the superintendent, in conjunction with the investigator and principals, to develop procedures regarding this policy. The superintendent also is responsible for organizing training programs for students, school officials, faculty, staff, and volunteers who have direct contact with students. The training will include how to recognize harassment and what to do in case a student is harassed. It will also include proven effective harassment prevention strategies. The superintendent will also develop a process for evaluating the effectiveness of the policy in reducing bullying and harassment in the board. The superintendent shall report to the board on the progress of reducing bullying and harassment in the board.
The board will annually publish this policy. The policy may be publicized by the following means:
- Inclusion in the student handbook,
- Inclusion in the employee handbook
- Inclusion in the registration materials
- Inclusion on the school or school district’s web site,
and a copy shall be made to any person at the central administrative office at 402 SE E Avenue, Gilmore City, IA 50541
Legal References: 20 U.S.C. §§ 1221-1234i (2004).
29 U.S.C. § 794 (1994).
42 U.S.C. §§ 2000d-2000d-7 (2004).
42 U.S.C. §§ 12001 et. seq. (2004).
Senate File 61, 1st Regular Session, 82nd General Assembly, (2007).
Iowa Code §§ 216.9; 280.3 (2007).
281 I.A.C. 12.3(6).
Morse v. Frederick, 127 S.Ct. 2618 (2007)
Cross References: 502 Student Rights and Responsibilities
503 Student Discipline
506 Student Records
Approved 08-21-07
Reviewed 08-15-11; 01-13-16
Revised
104.E1 - Anti-Bullying/Harassment Complaint Form
104.E1 - Anti-Bullying/Harassment Complaint FormName of complainant: ____________________________________________________________
Position of complainant: __________________________________________________________
Name of student or employee target: _________________________________________________
Date of complaint: _______________________________________________________________
Name of alleged harasser or bully: ___________________________________________________
Date and place of incident or incidents: _______________________________________________
_______________________________________________________________________________
Description of misconduct: _________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Name of witnesses (if any): _________________________________________________________
________________________________________________________________________________
Evidence of harassment or bullying, i.e., letters, photos, etc. (attach evidence if possible): ________
________________________________________________________________________________
________________________________________________________________________________
Any other information: _____________________________________________________________
________________________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: ______________________________________________
Date: ____________________
104.E2 - Anti-Bullying/Harassment Witness Disclosure Form
104.E2 - Anti-Bullying/Harassment Witness Disclosure FormName of witness: ______________________________________________________
Position of witness: ____________________________________________________
Description of incident witnessed: _________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Any other information: __________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: _________________________________________
Date: ______________________________
104.R1 - Anti-Bullying/Angi-Harassment Investigation Procedures
104.R1 - Anti-Bullying/Angi-Harassment Investigation ProceduresIndividuals who feel that they have been harassed should:
· Communicate to the harasser that the individual expects the behavior to stop, if the individual is comfortable doing so. If the individual wants assistance communicating with the harasser, the individual should ask a teacher, counselor or principal to help.
· If the harassment does not stop, or the individual does not feel comfortable confronting the harasser, the individual should:
-- tell a teacher, counselor or principal; and
-- write down exactly what happened, keep a copy and give another copy to the teacher, counselor or principal including;
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- what, when and where it happened;
- who was involved;
- exactly what was said or what the harasser did;
- witnesses to the harassment;
- what the student said or did, either at the time or later;
- how the student felt; and
- how the harasser responded.
COMPLAINT PROCEDURE
An individual who believes that the individual has been harassed or bullied will notify principal, the designated investigator. The alternate investigator is superintendent. The investigator may request that the individual complete the Harassment/Bullying Complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures. The complainant shall be given a copy of the completed complaint form. Information received during the investigation is kept confidential to the extent possible.
The investigator, with the approval of the principal, or the principal has the authority to initiate an investigation in the absence of a written complaint.
INVESTIGATION PROCEDURE
The investigator will reasonably and promptly commence the investigation upon receipt of the complaint. The investigator will interview the complainant and the alleged harasser. The alleged harasser may file a written statement in response to the complaint. The investigator may also interview witnesses as deemed appropriate.
Upon completion of the investigation, the investigator will make written findings and conclusions as to each allegation of harassment and report the findings and conclusions to the principal. The investigator will provide a copy of the findings of the investigation to the principal.
RESOLUTION OF THE COMPLAINT
Following receipt of the investigator's report, the principal may investigate further, if deemed necessary, and make a determination of any appropriate additional steps which may include discipline.
Prior to the determination of the appropriate remedial action, the principal may, at the principal's discretion, interview the complainant and the alleged harasser. The principal will file a written report closing the case and documenting any disciplinary action taken or any other action taken in response to the complaint. The complainant, the alleged harasser and the investigator will receive notice as to the conclusion of the investigation. The principal will maintain a log of information necessary to comply with Iowa Department of Education reporting procedures.
POINTS TO REMEMBER IN THE INVESTIGATION
· Evidence uncovered in the investigation is confidential.
· Complaints must be taken seriously and investigated.
· No retaliation will be taken against individuals involved in the investigation process.
· Retaliators will be disciplined up to and including suspension and expulsion.
CONFLICTS
If the investigator is a witness to the incident, the alternate investigator shall investigate.
200 - BOARD OF DIRECTORS
200 - BOARD OF DIRECTORS dawn.gibson.cm… Tue, 07/25/2023 - 13:04200 - Legal Status of the Board of Directors
200 - Legal Status of the Board of Directors dawn.gibson.cm… Tue, 07/25/2023 - 14:00200.1 - Organization of the Board of Directors
200.1 - Organization of the Board of DirectorsThe Gilmore City-Bradgate Community School District board is authorized by and derives its organization from Iowa law. The board will consist of five (5) board members. All five (5) board members shall be elected at-large.
The board is organized for the purpose of setting policy and providing general direction for the school district. The board will hold its organizational meeting each year at the first regular meeting following the canvass of votes. The retiring board will transfer materials and responsibility to the new board.
The organizational meeting allows the outgoing board to approve minutes of its previous meetings, complete unfinished business and review the school election results. The retiring board will adjourn and the new board will then begin. The board secretary-treasurer will administer the oath of office to the newly-elected board members. The superintendent will preside while the new board elects the president and vice-president of the new board.
Legal Reference: Iowa Code §§ 274.2; 275.23A; 277.23, .28, .31; 279.1, .5, .7, .8 (2001).
281 I.A.C. 12.3(2).
Cross Reference: 202 Board of Directors Members
206.1 President
206.2 Vice-President
210 Board of Directors' Meetings
Approved 01-15-90
Reviewed 11-16-92; 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 12-21-92; 06-12-02; 12-18-06
200.1R1 - Organizational Meeting Procedures
200.1R1 - Organizational Meeting ProceduresThe board will hold its organizational meeting annually at the first regular meeting following the canvass of votes. Notice of the meeting's place and time will be given by the board secretary-treasurer to each member, member-elect and the public.
The purpose of the meeting is to transfer material and responsibility from the outgoing board to the new board. At the meeting, the board will elect a president who will hold office for one year. Once elected, the president will be entitled to vote on all matters before the board.
Meeting Procedure
The organizational meeting of the board will be held in two parts: the final meeting of the outgoing board, and the organizational meeting of the new board.
1. Final Meeting of the Retiring Board
(1) Call to order.
(2) Roll call.
(3) Approval of minutes of previous meeting(s).
(4) Communications.
(5) Visitors.
(6) Unfinished business.
(a) Current claims and accounts (for the retiring board to authorize).
(b) Other items. If any member of the board feels the board should consider any unfinished business, even if only to identify it as unfinished business, the member should address the issue at this time.
(7) Review of election results. The board secretary-treasurer will present the county auditor's official report on the latest elections. Official results are recorded in the minutes.
(8) Adjournment of the retiring board.
2. Organizational Meeting of the New Board
(1) The superintendent, as president pro tem, will preside over the meeting until a new board president is elected.
(2) Call to order.
(3) Roll call.
(4) Oath of office. The board secretary-treasurer will administer the oath to new members.
(5) Election of a president of the board. The president pro tem calls for nominations; nominations need not be seconded. The board will then vote on the nominations. The board secretary-treasurer will announce the result of the vote and will administer the oath of office to the newly elected president and the newly elected president will assume the chair.
(6) Election of the vice-president. The president of the board will call for nominations; the nominations need not be seconded. The board will then vote on the nominations. The president will announce the results and the board secretary-treasurer will administer the oath of office to the vice-president.
Other items of business at the organizational meeting may include:
(7) Board resolution of appreciation recognizing the public service rendered by retiring board members.
(8) Determination of dates, times, and places for regular meetings of the board.
(9) Board resolution to define the operating rules and practices that will be followed by the new board.
(10) Board resolution to authorize the interim payment of bills pursuant to policy 705.5.
(11) Communications.
(12) Visitors.
(13) Superintendent's report.
(14) Adjournment.
Vacancies in Officer Positions
If any office of the board should become vacant between organizational meetings, such office will be filled by the remaining members of the board in accordance with this policy.
Legal Reference: Iowa Code §§ 274.2; 275.23A; 277.23, .28, .31; 279.1, .5, .7, .8 (1999).
281 I.A.C 12.3(2).
Cross Reference: 202 Board of Directors Members
206.1 President
206.2 Vice-President
210 Board of Directors' Meetings
Approved 06-12-02
Reviewed 11-20-06; 08-15-11
Revised
200.2 - Powers of the Board of Directors
200.2 - Powers of the Board of DirectorsThe board of the Gilmore City-Bradgate Community School District, acting on behalf of the school district, will have jurisdiction over school matters within the territory of the school district.
The board is empowered to make policy for its own governance, for employees, for students and for school district facilities. The board is also empowered to enforce its policies. The board may, through its quasi-judicial power, conduct hearings and rule on issues and disputes confronting the school district.
The board has these powers and all other powers expressly granted to it in federal and state law as well as the powers that can be reasonably implied from the express powers.
Legal Reference: Board of Directors of Ind. School Dist. of Waterloo v. Green, 259 Iowa 1260, 147 N.W.2d 854 (1967).
Iowa Code §§ 28E; 274.1-.2; 279.8 (2001).
281 I.A.C. 12.1(2).
1990 Op. Att'y Gen. 66.
Cross Reference: 209 Board of Directors' Management Procedures
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
200.3 - Responsibilities of the Board of Directors
200.3 - Responsibilities of the Board of DirectorsThe board is authorized to govern the school district which it oversees. As the governing board of the school district, the board has three duties to perform: legislative duty, executive duty and evaluative duty.
As a representative of the citizens of the school district community, the board is responsible for legislating policy for the school district. As a policy making body, the board has jurisdiction to enact policy with the force and effect of law for the management and operation of the school district.
It is the responsibility of the board, under the board's executive duty, to select its chief executive officer, the superintendent, to operate the school district on the board's behalf. The board delegates to the superintendent its authority to carry out board policy, to formulate and carry out rules and regulations and to handle the administrative details in a manner which supports and is consistent with board policy.
The board has a responsibility to review the education program's performance under its evaluative duty. The board regularly reviews the education program and ancillary services. The review includes a careful study and examination of the facts, conditions and circumstances surrounding the amount of funds received or expended and the education program's ability to achieve the board's educational philosophy for the school district.
Legal Reference: Iowa Code §§ 274.1; 279.1, .8, .20; 280.12 (2001).
281 I.A.C. 12.3(2).
Cross Reference: 101 Educational Philosophy of the School District
103 Long-Range Needs Assessment
209 Board of Directors' Management Procedures
600 Goals and Objectives of the Education Program
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
201 - Board of Directors' Elections
201 - Board of Directors' ElectionsThe annual school election takes place on the second Tuesday in September of odd numbered years. Each annual school election is used to elect citizens to the board to maintain a five (5) member board and to address questions that must be submitted to the voters.
Citizens of the school district community seeking a seat on the board must file their nomination papers with the board secretary-treasurer’s, or the board secretary-treasurer’s designee, between sixty-four and forty days before the school election unless otherwise directed.
If a vacancy occurs on the board it may be filled by appointment within thirty 30 days of the vacancy. If the board does not fill the vacancy by appointment, the board secretary-treasurer will call a special election to fill the vacancy. Candidates for a seat created by a vacancy must file their nomination papers twenty-five (25) days before the special election.
It is the responsibility of the county commissioner of elections to conduct school elections.
Legal Reference: Iowa Code §§ 39; 45; 47-53; 56-57; 63, 69; 274.7; 277; 278.1, 279.7 (2001).
Cross Reference: 202 Board of Directors Members
203 Board of Directors' Conflict of Interest
Approved 01-15-90
Reviewed 01-16-95; 05-21-02; 11-20-06; 12-15-08; 08-15-11; 02-10-16
Revised 02-21-95; 06-12-02; 01-19-09
202 - Board of Directors Members
202 - Board of Directors Members dawn.gibson.cm… Tue, 07/25/2023 - 14:10202.1 - Qualifications
202.1 - QualificationsServing on the board of directors is an honor and privilege. Its rewards are respect from the community, students, and employees and the satisfaction from knowing each board member contributed to the success of the children in the school district community. Only those who are willing to put forth the effort to care and to make a difference should consider running for a position on the board.
Individuals who are willing to serve on the board should believe public education is important, support the democratic process, willingly devote time and energy to board work, respect educators and have the ability to examine the facts and make a decision. The board believes an individual considering a position on the school board should possess these characteristics.
Citizens wanting to run for a position on the board must be a citizen of the school district, an eligible elector of the district and free from a financial conflict of interest with the position.
Legal Reference: Iowa Code §§ 63; 68B; 277.4, .27; 279.7A (2001).
Cross Reference: 201 Board of Directors' Elections
202.4 Vacancies
203 Board of Directors' Conflict of Interest
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
202.2 - Oath of Office
202.2 - Oath of OfficeBoard members are officials of the state. As a public official, each board member must pledge to uphold the Iowa and the United States Constitution and carry out the responsibilities of the office to the best of the board member's ability.
Each newly-elected board member will take the oath of office prior to any action taken as a school official. The oath of office is taken by each new board member elected at the annual school election at or before the organizational meeting of the board. In the event of an appointment or special election to fill a vacancy, the new board member will take the oath of office within ten days of the appointment or election.
Board members elected to offices of the board will also take the same oath of office but replacing the office of board member with the title of the office to which they were elected.
The oath of office is administered by the board secretary-treasurer and does not need to be given at a board meeting. In the event the board secretary-treasurer is absent, the oath is administered by another board member.
"Do you solemnly swear that you will support the Constitution of the United States and the Constitution of the state of Iowa, and that you will faithfully and impartially to the best of your ability discharge the duties of the office of (naming the office) in (naming the district) as now and hereafter required by law?"
Legal Reference: Iowa Code §§ 277.28; 279.1, .6 (2001).
Cross Reference: 200.1 Organization of the Board of Directors
201 Board of Directors' Elections
202 Board of Directors Members
204 Code of Ethics
206 Board of Directors' Officers
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
202.3 - Term of Office
202.3 - Term of OfficeBoard members elected for a full term at a regularly scheduled school election in September serve for four years. Board members appointed to fill a vacant position will serve until the next scheduled school election. A board member elected to fill a vacancy will serve out the unexpired term.
Being a board member is a unique opportunity for a citizen to participate on a governing board of the school district. Eligible board members are encouraged to consider running for more than one term.
Legal Reference: Iowa Code §§ 69.12; 274.7; 279.6-.7 (2001).
Cross Reference: 201 Board of Directors' Elections
202 Board of Directors Members
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02; 09-19-11
202.4 - Vacancies
202.4 - VacanciesA vacancy occurs when a board member resigns, forfeits or otherwise leaves the office. A vacancy also includes, but is not limited to, the following: failure to be properly elected, failure to qualify within the time fixed by law, failure to reside in the school district or director district, a court order declaring the seat vacant, conviction of a felony, three violations of the open meetings law, or conviction of a public offense in violation of the oath of office.
If a vacancy occurs prior to the expiration of a term of office, the vacancy will be filled by board appointment within thirty (30) days of the vacancy. The newly-appointed board member will hold the position until the next scheduled school election. At that time the appointed board member may run for a four (4) year term, if one is available, or run for the remainder of the unexpired term.
If the board is unable to fill a vacancy by appointment within thirty (30) days after the vacancy occurs, the board secretary-treasurer will call a special election to be held no sooner than sixty (60) days and not later than seventy (70) days after the vacancy occurred. A board member elected at the special election will serve the remaining portion of the unexpired term.
Legal Reference: Good v. Crouch, 397 N.W.2d 757 (Iowa 1986).
Board of Directors of Grimes Independent School Dist. v. County Board of Public Instruction of Polk Co., 257 Iowa 106, 131 N.W.2d 802 (1965).
Board of Directors of Menlo Consol. School Dist. v. Blakesburg, 240 Iowa 910, 36 N.W.2d 751 (1949).
Iowa Code §§ 21.6(3)(d); 69; 277.29-.30; 279.6-.7 (2001).
1944 Op. Att'y Gen. 39.
Cross Reference: 201 Board of Directors' Elections
202 Board of Directors Members
Approved 01-15-90
Reviewed 11-15-93; 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 12-20-93; 06-12-02; 09-19-11
203 - Board of Directors' Conflict of Interest
203 - Board of Directors' Conflict of InterestBoard members must be able to make decisions objectively. It is a conflict of interest for a board member to receive direct compensation from the school district, unless exempted in this policy, for anything other than reimbursement of actual and necessary expenses, including travel, incurred in the performance of official duties. A board member will not act as an agent for a school textbook or school supply company doing business with the school district during the board member's term of office. It will not be a conflict of interest for board members to receive compensation from the school district for contracts to purchase goods or services if the benefit to the board member does not exceed $2,500 in a fiscal year or if the contracts are made by the board, upon competitive bid in writing, publicly invited and opened.
It will also be a conflict of interest for a board member to engage in any outside employment or activity which is in conflict with the board member's official duties and responsibilities. In determining whether outside employment or activity of a board member creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist includes, but are not limited to, any of the following:
(1) The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district badge, uniform, business card or other evidence of office to give the board member or member of the board member's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public. For purposes of this section, a person is not "similarly situated" merely by being related to a board member.
(2) The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the board member or a member of the board member's immediate family from anyone other than the state or the school district for the performance of any act that the board member would be required or expected to perform as part of the board member's regular duties or during the hours in which the board member 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 board member, during the performance of the board member's duties of office or employment.
If the outside employment or activity is employment or activity in (1) or (2) above, the board member must cease the employment of or activity. If the activity or employment falls under (3), then the board member must:
· Cease the outside employment or activity; or
· Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity. Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.
It is the responsibility of each board member to be aware of an actual or potential conflict of interest. It is also the responsibility of each board member to take the action necessary to eliminate such a conflict of interest. Should a conflict of interest arise, a board member should not participate in any action relating to the issue from which the conflict arose.
Legal Reference: Iowa Code §§ 55; 68B, 71.1; 277.27; 279.7A; 301.28 (2001).
1990 Op. Att'y Gen. 37.
1988 Op. Att'y Gen. 21.
1986 Op. Att'y Gen. 10.
1984 Op. Att'y Gen. 23.
1982 Op. Att'y Gen. 302.
1978 Op. Att'y Gen. 295.
1976 Op. Att'y Gen. 89.
1974 Op. Att'y Gen. 137.
1936 Op. Att'y Gen. 237.
Cross Reference: 201 Board of Directors' Elections
202.1 Qualifications
204 Code of Ethics
216.3 Board of Directors' Member Compensation and Expenses
217 Gifts to Board of Directors
401.3 Nepotism
Approved 01-15-90
Reviewed 04-20-92; 11-15-93; 05-21-02; 11-20-09; 09-22-09; 08-15-11; 02-10-16
Revised 05-18-92; 12-20-93; 06-12-02; 10-22-09
204 - Code of Ethics
204 - Code of EthicsBoard members' actions, verbal and nonverbal, reflect the attitude and the beliefs of the school district. Therefore, board members must conduct themselves professionally and in a manner fitting to their position.
Each board member shall follow the code of ethics stated in this policy.
AS A SCHOOL BOARD MEMBER:
1. I will listen.
2. I will respect the opinion of others.
3. I will recognize the integrity of my predecessors and associates and the merit of their work.
4. I will be motivated only by an earnest desire to serve my school district and the children of my school district community in the best possible way.
5. I will not use the school district or any part of the school district program for my own personal advantage or for the advantage of my friends or supporters.
6. I will vote for a closed session of the board if the situation requires it, but I will consider "star chamber" or "secret" sessions of board members unethical.
7. I will recognize that to promise in advance of a meeting how I will vote on any proposition which is to be considered is to close my mind and agree not to think through other facts and points of view which may be presented in the meeting.
8. I will expect, in board meetings, to spend more time on education programs and procedures than on business details.
9. I will recognize that authority rests with the board in legal session and not with individual members of the board, except as authorized by law.
10. I will make no disparaging remarks, in or out of the board meeting, about other members of the board or their opinions.
11. I will express my honest and most thoughtful opinions frankly in board meetings in an effort to have decisions made for the best interests of the children and the education program.
12. I will insist that the members of the board participate fully in board action and recommend that when special committees are appointed, they serve only in an investigative and advisory capacity.
13. I will abide by majority decisions of the board.
14. I will carefully consider petitions, resolutions and complaints and will act in the best interests of the school district.
15. I will not discuss the confidential business of the board in my home, on the street or in my office; the place for such discussion is the board meeting.
16. I will endeavor to keep informed on local, state and national educational developments of significance so I may become a better board member.
17. I will attend board meetings.
IN MEETING MY RESPONSIBILITY TO MY SCHOOL DISTRICT COMMUNITY
1. I will consider myself a trustee of public education and will do my best to protect it, conserve it, and advance it, giving to the children of my school district community the educational facilities that are as complete and adequate as it is possible to provide.
2. I will consider it an important responsibility of the board to interpret the aims, methods and attitudes of the school district to the community.
3. I will earnestly try to interpret the needs and attitudes of the school district community and do my best to translate them into the education program of the school district.
4. I will attempt to procure adequate financial support for the school district.
5. I will represent the entire school district rather than individual electors, patrons or groups.
6. I will not regard the school district facilities as my own private property but as the property of the people.
IN MY RELATIONSHIP WITH SUPERINTENDENT AND EMPLOYEES
1. I will function, in meeting the legal responsibility that is mine, as a part of a legislative, policy-forming body, not as an administrative officer.
2. I will recognize that it is my responsibility, together with that of my fellow board members, to see the school district is properly run and not to run them myself.
3. I will expect the school district to be administered by the best-trained technical and professional people it is possible to procure within the financial resources of the school district.
4. I will recognize the superintendent as executive officer of the board.
5. I will work through the administrative employees of the board, not over or around them.
6. I will expect the superintendent to keep the board adequately informed through oral and written reports.
7. I will vote to employ employees only after the recommendation of the superintendent has been received.
8. I will insist that contracts be equally binding on teachers and the board.
9. I will give the superintendent power commensurate with the superintendent's responsibility and will not in any way interfere with, or seek to undermine, the superintendent's authority.
10. I will give the superintendent friendly counsel and advice.
11. I will present any personal criticism of employees to the superintendent.
12. I will refer complaints to the proper administrative officer.
TO COOPERATE WITH OTHER SCHOOL BOARDS
1. I will not employ a superintendent, principal or teacher who is already under contract with another school district without first securing assurance from the proper authority that the person can be released from contract.
2. I will consider it unethical to pursue any procedure calculated to embarrass a neighboring board or its representatives.
3. I will not recommend an employee for a position in another school district unless I would employ the employee under similar circumstances.
4. I will answer all inquiries about the standing and ability of an employee to the best of my knowledge and judgment, with complete frankness.
5. I will associate myself with board members of other school districts for the purpose of discussing school district issues and cooperating in the improvement of the education program.
Legal Reference: Iowa Code §§ 21.6(3)(d); 68B; 69; 277.28; 279.7A, 279.8, 301.28 (2001).
Cross Reference: 202 Board of Directors Members
203 Board of Directors' Conflict of Interest
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-21-12; 02-10-16
Revised 06-12-02 ; 03-19-12
205 - Board Member Liability
205 - Board Member LiabilityBoard members will not be held personally liable for actions taken in the performance of their duties and responsibilities vested in them by the laws of Iowa and the members of the school district community. In carrying out the duties and responsibilities of their office, board members will act in good faith.
The school district will defend, save harmless and indemnify board members against tort claims or demands, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of their official duties, unless it constitutes a willful or wanton act or omission. However, the school district will not save harmless or indemnify board members for punitive damages.
Legal Reference: Wood v. Strickland, 420 U.S. 308 (1975).
42 U.S.C. §§ 1983, 1985 (1994).
Iowa Code ch. 670 (2001).
Cross Reference: 709 Insurance Program
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
206 - Board of Directors Officers
206 - Board of Directors Officers dawn.gibson.cm… Tue, 07/25/2023 - 17:26206.1 - President
206.1 - PresidentIt is the responsibility of the board president to lead a well-organized board in an efficient and effective manner. The board president will set the tone of the board meetings and, as the representative of the consensus of the board, speak on behalf of the board to the public.
The president of the board is elected by a majority vote at the organizational meeting, in odd-numbered years, or at the annual meeting, in even-numbered years.
The president, in addition to presiding at the board meetings, will take an active role in board decisions by discussing and voting on each motion before the board in the same manner as other board members. However, before making or seconding a motion, the board president will turn over control of the meeting to either the vice-president or other board member.
The board president has the authority to call special meetings of the board. Prior to board meetings, the board president will consult with the superintendent on the development of the agenda for the meeting.
The board president, as the chief officer of the school district, will sign employment contracts and sign other contracts and school district warrants approved by the board and appear on behalf of the school corporation in causes of action involving the school district.
Legal Reference: Iowa Code §§ 279.1-.2; 291.1 (2001).
Cross Reference: 200.1 Organization of the Board of Directors
202.2 Oath of Office
206.2 Vice-President
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 07-19-10; 08-15-11; 02-10-16
Revised 06-12-02; 08-16-10
206.2 - Vice-President
206.2 - Vice-PresidentIf the board president is unable or unwilling to carry out the duties required, it is the responsibility of the Vice-President of the board to carry out the duties of the president. If the president is unable or unwilling to complete the term of office, the vice-president will serve as president for the balance of the president's term of office, and a new vice-president will be elected.
The vice-president of the board will be elected by a majority vote at the organizational meeting, in odd-numbered years, or at the annual meeting, in even-numbered years.
The vice-president will accept control of the meeting from the president when the president wishes to make or second a motion. The vice-president will take an active role in board decisions by discussing and voting on matters before the board in the same manner as other board members.
Legal Reference: Iowa Code § 279.5 (2001).
Cross Reference: 200.1 Organization of the Board of Directors
202.2 Oath of Office
206.1 President
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 07-19-10; 08-15-11; 02-10-16
Revised 06-12-02; 08-16-10
206.3 - Secretary-Treasurer
206.3 - Secretary-TreasurerA board secretary-treasurer may be appointed from employees, other than a position requiring a teaching certificate, or from the public at the board meeting held each year after July 1 and no later than August 15, to serve a one year term of office. To finalize the appointment, the board secretary-treasurer will take the oath of office during the meeting at which the individual was appointed or no later than ten days thereafter.
It is the responsibility of the board secretary-treasurer, as custodian of school district records, to preserve and maintain the records and documents pertaining to the business of the board; to keep complete minutes of special and regular board meetings, including closed sessions; to keep a record of the results of regular and special elections; to keep an accurate account of school funds; to sign warrants drawn on the school funds after board approval; and collect data on truant students. The board secretary-treasurer will also be responsible for filing the required reports with the Iowa Department of Education.
It is the responsibility of the board secretary-treasurer to oversee the investment portfolio, to receive funds of the school district, to pay out the funds for expenses approved by the board, to maintain accurate accounting records for each fund, to report monthly regarding the investment portfolio and the status of each fund and to file required reports with the appropriate state agencies and other entities. It will also be the responsibility of the board secretary-treasurer to coordinate the financial records, the financial reports, the cash flow needs and the investment portfolio of the school district.
In the event the board secretary-treasurer is unable to fulfill the responsibilities set out by the board and the law, a temporary replacement will be found to assume those duties until the board secretary-treasurer is able to resume the responsibility or a new board secretary-treasurer is appointed.
The board secretary-treasurer will give bond in an amount set by the board. The cost of the bond will be paid by the school district.
Legal Reference: Iowa Code §§ 12B.10; 12C; 64; 277.27; 279.3, .5, .7, .31-.33, .35; 291.2-.4, .6-.15; 299.10, .16 (1999).
281 I.A.C. 12.3(1).
1978 Op. Att'y Gen. 328.
Cross Reference: 202.2 Oath of Office
210.1 Annual Meeting
215 Board of Directors' Records
501.10 Truancy - Unexcused Absences
704.3 Investments
707 Fiscal Reports
708 Care, Maintenance and Disposal of School District Records
Approved 06-12-02
Reviewed 12-15-03; 11-20-06; 08-15-11; 02-10-16
Revised 01-19-04
207 - Board of Directors' Legal Counsel
207 - Board of Directors' Legal CounselIt is the responsibility of the board to employ legal counsel to assist the board and the administration in carrying out their duties with respect to the numerous legal issues confronting the school district. The board may appoint legal counsel at its annual meeting.
The superintendent and board secretary-treasurer will have the authority to contact the board's legal counsel on behalf of the board when the superintendent or board secretary-treasurer believe it is necessary for the management of the school district. The board president may contact and seek advice from the school board's legal counsel. The board's legal counsel will attend both regular and special school board meetings upon the request of the board or the superintendent. Board members may contact legal counsel upon approval of a majority of the board. It is the responsibility of each board member to pay the legal fees, if any, of an attorney the board member consulted regarding matters of the school district unless the board has authorized the board member to consult an attorney on the matter.
It is the responsibility of the superintendent to keep the board informed of matters for which legal counsel was consulted, particularly if the legal services will involve unusual expense for the school district.
Legal Reference: Bishop v. Iowa State Board of Public Instruction, 395 N.W.2d 888 (Iowa 1986).
Iowa Code § 279.37 (2001).
Cross Reference: 200 Legal Status of the Board of Directors
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
208 - Ad Hoc Committees
208 - Ad Hoc CommitteesWhenever the board deems it necessary, the board may appoint a committee composed of citizens, employees or students to assist the board. Committees formed by the board is ad hoc committees.
An ad hoc committee may be formed by board resolution which will outline the duties and purpose of the committee. The committee is advisory in nature and has no duty or responsibility other than that specifically stated in the board resolution. The committee will automatically dissolve upon the delivery of its final recommendation to the board or upon completion of the duties outlined in the board resolution. The board will receive the report of the committee for consideration. The board retains the authority to make a final decision on the issue. The committee will be subject to the open meetings law if the committee is established by statute or if the committee makes policy recommendations and is established or approved by the board.
The method for selection of committee members will be stated in the board resolution. When possible, and when the necessary expertise required allows, the committee members will be representative of the school district community and will consider the various viewpoints on the issue. The board may designate a board member and the superintendent to serve on an ad hoc committee. The committee will select its own chairperson, unless the board designates otherwise.
Legal Reference: Iowa Code §§ 21; 279.8; 280.12(2) (2001).
281 I.A.C. 12.3(3), .3(8); .5(8).
O.A.G., Nov. 18, 1993
Cross Reference: 103 Long-Range Needs Assessment
211 Open Meetings
212 Closed Sessions
215 Board of Directors' Records
605.1 Instructional Materials Selection
900 Principles and Objectives for Community Relations
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
208.E1 - Ad Hoc Committees Exhibit
208.E1 - Ad Hoc Committees ExhibitAd Hoc Committee Purpose and Function
The specific purpose of each ad hoc committee varies. Generally, the primary function of an ad hoc committee is to give specific advice and suggestions. The advice and suggestions should focus on the purpose and duties stated in the board resolution establishing the committee. It is the board's role to take action based on information received from the ad hoc committee and other sources. Ad hoc committees may be subject to the open meetings law.
Role of an Ad Hoc Committee Member
The primary role of an ad hoc committee member is to be a productive, positive member of the committee. In doing so, it is important to listen to and respect the opinions of others. When the ad hoc committee makes a recommendation to the board, it is important for the ad hoc committee members to support the majority decision of the ad hoc committee. An ad hoc committee will function best when its members work within the committee framework and bring items of business to the ad hoc committee.
Ad Hoc Committee Membership
Ad hoc committee members may be appointed by the board. The board may request input from individuals or organizations, or it may seek volunteers to serve. Only the board or superintendent has the authority to appoint members to an ad hoc committee. Boards must follow the legal limitations or requirements regarding the membership of an ad hoc committee.
209 - Board of Directors' Management Procedures
209 - Board of Directors' Management Procedures dawn.gibson.cm… Tue, 07/25/2023 - 17:34209.1 - Development of Policy
209.1 - Development of PolicyThe board has jurisdiction to legislate policy for the school district with the force and effect of law. Board policy provides the general direction as to what the board wishes to accomplish and why it wishes to accomplish it while allowing the superintendent to implement board policy.
The written policy statements contained in this manual provide guidelines and goals to the citizens, administration, employees and students in the school district community. The policy statements are the basis for the formulation of regulations by the administration. The board will determine the effectiveness of the policy statements by evaluating periodic reports from the administration.
Policy statements may be proposed by a board member, administrator, employee, student or member of the school district community. Proposed policy statements or ideas will be submitted to the superintendent's office for possible placement on the board agenda. It is the responsibility of the superintendent to bring these proposals to the attention of the board.
Legal Reference: Iowa Code §§ 274.1-.2; 279.8; 280.12 (2001).
281 I.A.C. 12.3(2).
1970 Op. Att'y Gen. 287.
Cross Reference: 101 Educational Philosophy of the School District
200.2 Powers of the Board of Directors
200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedures
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
209.2 - Adoption of Policy
209.2 - Adoption of PolicyThe board will give notice of proposed policy changes or adoption of new policies by placing the item on the agenda of two regular board meetings. The proposed policy changes will be distributed and public comment will be allowed at both meetings prior to final board action. This notice procedure will be required except for emergency situations. If the board adopts a policy in an emergency situation, a statement regarding the emergency and the need for immediate adoption of the policy will be included in the minutes. The board will have complete discretion to determine what constitutes an emergency situation.
The final action taken to adopt the proposed policy will be approved by a simple majority vote of the board at the next regular meeting after the meeting allowing public discussion. The policy will be effective on the later of the date of passage or the date stated in the motion.
In the case of an emergency, a new or changed policy may be adopted by a majority vote of a quorum of the board. The emergency policy will expire at the close of the third regular meeting following the emergency action, unless the policy adoption procedure stated above is followed and the policy is reaffirmed.
Legal Reference: Iowa Code § 279.8 (2001).
281 I.A.C. 12.3(2).
1970 Op. Att'y Gen. 287.
Cross Reference: 200.2 Powers of the Board of Directors
200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedures
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
209.3 - Dissemination of Policy
209.3 - Dissemination of PolicyA board policy manual is housed in each central administration office and on the school website. Persons wishing to review the board policy manual will contact the board secretary-treasurer, who will have a board policy manual available for public inspection.
It is the responsibility of the board secretary-treasurer to ensure copies of changes in board policy will also be included in or attached to the minutes of the meetings in which the final action was taken to adopt the new or changed policy.
Legal Reference: Iowa Code §§ 277.31; 279.8 (2001).
281 I.A.C. 12.3(2).
Cross Reference: 200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedures
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
209.4 - Suspension of Policy
209.4 - Suspension of PolicyGenerally, the board will follow board policy and enforce it equitably. The board, and only the board, may, in extreme emergencies of a very unique nature, suspend policy. It is within the discretion of the board to determine when an extreme emergency of a very unique nature exists. Reasons for suspension of board policy will be documented in board minutes.
Legal Reference: Iowa Code § 279.8 (2001).
281 I.A.C. 12.3(2).
Cross Reference: 200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedures
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
209.5 - Administration in the Absence of Policy
209.5 - Administration in the Absence of PolicyWhen there is no board policy in existence to provide guidance on a matter, the superintendent is authorized to act appropriately under the circumstances surrounding the situation keeping in mind the educational philosophy and financial condition of the school district.
It is the responsibility of the superintendent to inform the board of the situation and the action taken and to document the action taken. If needed, the superintendent will draft a proposed policy for the board to consider.
Legal Reference: Iowa Code § 279.8 (2001).
281 I.A.C. 12.3(2).
Cross Reference: 200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedures
302.4 Superintendent Duties
304 Policy Implementation
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
209.6 - Review and Revision of Policy
209.6 - Review and Revision of PolicyThe board shall, at least once every five (5) years, review board policy. Once the policy has been reviewed, even if no changes were made, a notation of the date of review is made on the face of the policy statement.
The board will review one-fifth of the policy manual annually according to the following subject areas:
- Board of Directors (Series 200)
- Administration, Employees (Series 300 and 400)
- School District, Education Program (Series 100 and 600)
- Students (Series 500)
- Noninstructional Operations and Business Services, Buildings and Sites, School District-Community Relations (Series 700, 800 and 900)
It is the responsibility of the superintendent to keep the board informed as to legal changes at both the federal and state levels. The superintendent will also be responsible for bringing proposed policy statement revisions to the board's attention.
If a policy is revised because of a legal change over which the board has no control or a change which is minor, the policy may be approved at one meeting at the discretion of the board.
Legal Reference: Iowa Code § 279.8 (2001).
281 I.A.C. 12.3(2).
Cross Reference: 200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedures
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
209.7 - Review of Administrative Regulations
209.7 - Review of Administrative RegulationsBoard policy sets the direction for the administration of the education program and school district operations. Some policies require administrative regulations for implementation.
It is the responsibility of the superintendent to develop administrative regulations to implement the board policies. The regulations, including handbooks, will be reviewed and formally adopted by the board prior to their use in the school district.
The administrative regulations will be available no later than the first regular board meeting after the adoption of the board policy unless the board directs otherwise.
Legal Reference: Iowa Code §§ 279.8, .20 (2001).
Cross Reference: 200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedures
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
210 - Board of Directors' Meetings
210 - Board of Directors' Meetings dawn.gibson.cm… Tue, 07/25/2023 - 17:42210.1 - Annual Meeting
210.1 - Annual MeetingEach year after August 31 and prior to the organizational meeting of the board in odd-numbered years, the board will hold its annual meeting.
At the annual meeting, the board will examine the financial books and settle the board secretary-treasurer’s statements for the fiscal year ending the preceding June 30. As part of the annual reports, the board secretary-treasurer will present affidavits from depository banks. The board may also appoint the board’s legal counsel at the annual meeting.
Legal Reference: Iowa Code §§ 279.3, .33 (2001).
Cross Reference: 206.3 Secretary-Treasurer
701.1 Depository of Funds
707 Fiscal Reports
Approved 01-15-90
Reviewed 05-21-02; 12-15-03; 11-20-06; 07-19-10; 08-15-11; 02-10-16
Revised 06-12-02; 01-19-04; 08-16-10
210.2 - Regular Meeting
210.2 - Regular MeetingThe regular meeting time and date will be set by the board at its annual or organizational meeting. The regular meetings of the board will be held on the second (2nd) Wednesday of each month.
Meetings will begin promptly at 5:30 p.m. The board will adhere to this meeting date unless the board requires additional meetings or, due to circumstances beyond the board's control, the meeting cannot be held on the regular meeting date, and the meeting will be re-scheduled at the board's convenience. Public notice of the meetings will be given.
Legal Reference: Iowa Code §§ 21.3, .4; 279.1 (2001).
1980 Op. Att'y Gen. 148.
Cross Reference: 200.1 Organization of the Board of Directors
210 Board of Directors' Meetings
Approved 01-15-90
Reviewed 05-18-92; 05-21-02; 11-20-06; 07-19-10; 08-15-11; 05-20-14; 02-10-16
Revised 06-15-92; 06-12-02; 08-16-10; 06-17-14
210.3 - Special Meeting
210.3 - Special MeetingIt may be necessary for the board to conduct a special meeting in addition to the regularly scheduled board meeting. Special meetings may be called by the president of the board or by the board secretary-treasurer at the request of a majority of the board. Should a special meeting be called, public notice will be given.
If the special meeting called is an emergency meeting and the board cannot give public notice in its usual manner, the board will give public notice of the meeting as soon as practical and possible in light of the situation. Emergency meetings will only be held when an issue cannot wait twenty-four hours necessary for a special meeting. The reason for the emergency meeting and why notice in its usual manner could not be given will be stated in the minutes.
Only the purpose or issue for which the special meeting was called may be discussed and decided in the special meeting. The board will strictly adhere to the agenda for the special meeting and action on other issues will be reserved for the next regular or special board meeting.
Legal Reference: Iowa Code §§ 21.3, .4; 279.2 (2001).
1980 Op. Att'y Gen. 148.
Cross Reference: 200.1 Organization of the Board of Directors
210 Board of Directors' Meetings
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
210.4 - Work Sessions
210.4 - Work SessionsThe board, as a decision making body, is confronted with a continuing flow of problems, issues and needs which require action. While the board is determined to expedite its business, it is also mindful of the importance of planning, brainstorming and thoughtful discussion without action. Therefore, the board may schedule work sessions and retreats in order to provide its members and the administration with such opportunities. The board has the authority to hire an outside facilitator to assist them in work sessions.
Topics for discussion and study will be announced publicly, and work sessions and retreats will be conducted in open session. However, no board action will take place at the work session.
Legal Reference: Iowa Code §§ 21; 279.8 (2001).
1982 Op. Att'y Gen. 162.
1980 Op. Att'y Gen. 167.
1976 Op. Att'y Gen. 384, 514, 765.
1972 Op. Att'y Gen. 158.
1970 Op. Att'y Gen. 287.
Cross Reference: 210 Board of Directors' Meetings
211 Open Meetings
Approved 01-15-90
Reviewed 11-15-93; 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 12-20-93; 06-12-02
210.5 - Meeting Notice
210.5 - Meeting NoticePublic notice will be given for meetings and work sessions held by the board. Public notice will indicate the time, place, date and tentative agenda of board meetings. The public notice will be posted on the bulletin board in the central administration office at a minimum of twenty-four (24) hours before it is scheduled.
A copy of the public notice will be provided to those who have filed a request for notice with the board secretary-treasurer. These requests for notice must be in writing. A copy of the public notice will also be accessible to employees and students.
In the case of special meetings, public notice will be given in the same manner as for a regular meeting unless it is an emergency meeting. In that case, public notice of the meeting will be given as soon as practical and possible in light of the situation. The media and others who have requested notice will be notified of the emergency meeting. Attendance at a special meeting or emergency meeting by the media or board members will constitute a waiver of notice.
It is the responsibility of the board secretary-treasurer to give public notice of board meetings and work sessions.
Legal Reference: Dobrovolny v. Reinhardt, 173 N.W.2d 837 (Iowa 1970).
Iowa Code §§ 21.2-.4; 279.1, .2 (2001).
1952 Op. Att'y Gen. 133.
Cross Reference: 210 Board of Directors' Meetings
210.8 Board of Directors' Meeting Agenda
Approved 01-15-90
Reviewed 11-16-92; 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 12-21-02; 06-12-02
210.6 - Quorum
210.6 - QuorumAction by the board regarding the affairs of the school district may be taken only when a quorum, a majority of the board members, is in attendance at the board meeting.
While board members are encouraged to attend board meetings, three (3) members will constitute a quorum and are a sufficient number to transact business of the school corporation. The adjournment of a meeting may be executed without a quorum.
An affirmative vote of a majority of the votes cast is sufficient to pass a motion or take action unless law or board policy requires a vote of a greater number.
It is the responsibility of each board member to attend board meetings.
Legal Reference: Iowa Code §§ 21.5(1); 279.4 (2001).
Cross Reference: 210 Board of Directors' Meetings
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
210.7 - Rules of Order
210.7 - Rules of OrderAn orderly board meeting allows the board members to participate in the discussion and decision process on an issue confronting the school district. Rules of order for board meetings allow school district business and the relative information concerning the business to be brought to the attention of the board. They also allow the board to discuss, act upon and make a clear record of school district business in a regular, ordered, reasonable and consistent manner.
The board will follow Robert's Rule of Order, Revised, latest edition as modified by this policy and subsequent rule.
The purpose of modified rules adopted by the board are:
· To establish guidelines by which the business of the governing board can be conducted in a regular and internally consistent manner;
· To organize the meetings so all necessary matters can be brought to the board and decisions of the board can be made in an orderly and reasonable manner;
· To ensure members of the board, concentrating on the substantive issues at hand, have the necessary information to make decisions, and to ensure adequate discussion of decisions to be made; and,
· To ensure meetings and actions of the board are conducted so as to be informative to the staff and the public, and to produce a clear record of actions taken and decisions made.
It is the responsibility of each board member to follow the rules of order stated in this policy at each meeting, and it is the responsibility of the presiding officer to conduct the board meeting within these rules.
Legal Reference: Iowa Code §§ 21.2, .7; 279.8 (2001).
Cross Reference: 210 Board of Directors' Meetings
210.8 Board Meeting Agenda
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
210.8 - Board Meeting Agenda
210.8 - Board Meeting AgendaThe tentative agenda for each board meeting will state the topics for discussion and action at the board meeting. The agenda is part of the public notice of the board meeting and will be posted and distributed.
Persons requesting to place an item on the agenda must make a request to the superintendent prior to the drafting of the tentative agenda. The person making the request must state the person's name, address, purpose of the presentation, action desired and pertinent background information. Requests from the public may be added to the tentative agenda at the discretion of the superintendent after consultation with the board president. Requests received after the deadline may only be added to the agenda for good cause.
The tentative agenda and supporting documents will be sent to the board members four (4) days prior to the scheduled board meeting. These documents are the private property of the board member. Persons wishing to view the tentative agenda and supporting documents may do so at the central administration office.
The board will take action only on the items listed on the tentative agenda posted with the public notice. Items added to the agenda may be discussed or taken under advisement by the board. If an added item is acted upon, the minutes of the board meeting will state the reason justifying the immediate action.
It is the responsibility of the superintendent to develop the agenda for each board meeting. The board president may recommend items be included in the meeting agenda.
Legal Reference: Iowa Code §§ 21; 279.8 (2001).
1980 Op. Att'y Gen. 269.
Cross Reference: 210 Board of Directors' Meetings
211 Open Meetings
213 Public Participation in Board Meetings
215 Board of Directors' Records
402.5 Public Complaints About Employees
502.4 Student Complaints and Grievances
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
211 - Open Meetings
211 - Open MeetingsA gathering of a majority of board members in which deliberation of an issue within the jurisdiction of the board takes place is a board meeting. A gathering for the purpose of social or ministerial action will not constitute a board meeting unless a discussion of policy takes place. Meetings of the board will be conducted in an open meeting unless a closed session is authorized by law or the meeting is exempt from the open meetings law.
Legal Reference: Iowa Code §§ 21, 279.1-.2 (2001).
1982 Op. Att'y Gen. 162.
1980 Op. Att'y Gen. 167.
Cross Reference: 208 Ad Hoc Committees
210 Board of Directors' Meetings
210.8 Board Meeting Agenda
212 Closed Sessions
Approved 01-15-90
Reviewed 11-16-92; 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 12-21-92; 06-12-02
212 - Closed Sessions
212 - Closed SessionsGenerally, board meetings will be open meetings, unless a closed session or exempt meeting is provided for by law. The board will hold a closed session or exempt meeting in the situations stated below.
Exceptions to the Open Meetings Law
Closed sessions take place as part of an open meeting. The item for discussion in the closed session will be listed as part of the tentative agenda on the public notice. The motion for a closed session, stating the purpose for the closed session, will be made and seconded during the open meeting. A minimum of two-thirds of the board, or all of the board members present, must vote in favor of the motion on a roll call vote. Closed sessions will be tape recorded and have detailed minutes kept by the board secretary-treasurer. Final action on matters discussed in the closed session will be taken in an open meeting.
The minutes and the tape recording will restate the motion made in the open meeting, the roll call vote, the members present, and the time the closed session began and ended. The tape recordings and the written minutes will be kept for one year from the date of the meeting. Real estate related minutes and tapes will be made public after the real estate transaction is completed.
The detailed minutes and tape recording will be sealed and will not be public records open to public inspection. The minutes and tape recording will only be opened upon court order in an action to enforce the requirements of the open meetings law. The board has complete discretion as to whom may be present at a closed session.
Reasons for the board entering into a closed session from an open meeting include, but are not limited to, the following:
1. To review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for the board's possession or receipt of federal funds.
2. To discuss strategy with legal counsel in matters presently in litigation, or where litigation is imminent, if disclosure would be likely to prejudice or disadvantage the board.
3. To discuss whether to conduct a hearing for suspension or expulsion of a student, unless an open meeting is requested by the student or the parent of the student.
4. To evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when a closed session is necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session.
5. To discuss the purchase or sale of particular real estate, but only when premature disclosure could be reasonably expected to increase the price the board would have to pay for the property, or in case of a sale reduce the price the board could receive for the property.
Exemptions to the Open Meetings Law
Board meetings at which a quorum is not present, or gatherings of the board for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of the open meetings law, are exempt from the open meetings law requirements. Since gatherings of this type are exempt from the open meetings requirements, they can be held without public notice, be separate from an open meeting, be held without taping the gathering or taking minutes, and be held without a vote or motion. The board may also hold an exempt session for the following:
1. negotiating sessions, strategy meetings of public employers or employee organizations, mediation and the deliberative process of arbitration;
2. to discuss strategy in matters relating to employment conditions of employees not covered by the collective bargaining law;
3. to conduct a private hearing relating to the recommended termination of a teacher's contract. However, the private hearing in the teacher's contract termination will be recorded verbatim by a court reporter; and
4. to conduct a private hearing relating to the termination of a probationary administrator's contract or to review the proposed decision of the administrative law judge regarding the termination of an administrator's contract.
Legal Reference: Iowa Code §§ 20.17; 21; 22.7; 279.15, .16, .24 (2001).
1982 Op. Att'y Gen. 162.
1980 Op. Att'y Gen. 167.
1976 Op. Att'y Gen. 384, 514, 765.
1972 Op. Att'y Gen. 158.
1970 Op. Att'y Gen. 287.
Cross Reference: 208 Ad Hoc Committees
211 Open Meetings
Approved 01-15-90
Reviewed 11-16-92; 05-21-02; 11-20-06; 09-21-11; 02-10-16
Revised 12-21-02; 06-12-02; 10-17-11
213 - Public Participation in Board Meetings
213 - Public Participation in Board MeetingsCitizens who have a place on the agenda may address the board on the issue of their concern during the discussion of that issue. The presiding officer will recognize these individuals to make their comments when the item of their concern is addressed during the meeting.
Citizens who wish to address the board on an agenda item may either notify the board secretary-treasurer of their desire by noon on the day of the meeting, or by completing, prior to the meeting, the Commenting on an Item Appearing on the Agenda section of the Intent to Address the Board Form which is available at the school district office. The presiding officer of the Board will recognize those individuals to speak at the appropriate time. Speakers are requested to keep their remarks brief, and no more than five (5) minutes in length.
Citizens may also address the Board on topics not on the agenda through the “Public Forum”. To address the Board at this time, citizens must, prior to the beginning of the meeting, complete the Using Public Forum section of the Intent to Address the Board Form which is available at the school district office. During the Public Forum, the presiding officer of the Board will call on citizens to speak in the order in which their forms were received. Public Forum participation will be limited to five (5) minutes per participant and twenty (20) minutes of Board meeting time. Any extension of that time must be approved by the Board.
The orderly process of the board meeting shall not be interfered with or disrupted. Board members may ask questions of the speakers after receiving permission from the chair. Only those speakers recognized by the chair during the open forum and for agenda items shall be allowed to speak. Comments by others are out of order, and the individual making the comments or an individual causing disruption may be asked to leave the board meeting.
Individuals who have a complaint about school district personnel may bring their complaint to the board of directors only after they have followed board policy on the bringing of citizen’s complaints.
Legal Reference: Iowa Code §§ 21; 22; 279.8 (2001).
Cross Reference: 205 Board Member Liability
210.8 Board Meeting Agenda
214 Public Hearings
307 Communication Channels
401.4 Employee Complaints
402.5 Public Complaints About Employees
502.4 Student Complaints and Grievances
Approved 01-15-90
Reviewed 01-16-95; 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 02-21-95; 06-12-02
213.1R1 - General Complaints by Citizens
213.1R1 - General Complaints by CitizensThe board recognizes that concerns regarding the operation of the school district will arise. The board further believes that constructive criticism can assist in improving the quality of the education program and in meeting individual student needs more effectively. The board also places trust in its employees and desires to support their actions in a manner which frees them from unnecessary or unwarranted criticism and complaints.
Procedures for dealing with complaints concerning programs or practices should be governed by the following principles:
· where action/investigation is desired by the complainant, or where it seems appropriate, the matter should be handled as near the source as possible;
· complaints should both be investigated and, if possible, resolved expeditiously;
· complaints should be dealt with courteously and in a constructive manner; and,
· individuals directly affected by the complaint should have an opportunity to respond.
Specific procedures for handling complaints may be established in policies. The board, consistent with its board policy-making role, will deal with complaints concerning specific schools, programs or procedures only after the usual channels have been exhausted. Complaints regarding employees or complaints by students will follow the more specific policies on those issues.
When a complaint requiring attention is received by the board or a board member it will be referred to the superintendent. After all of the channels have been exhausted, the complainant may appeal to the board by requesting a place on the board agenda or during the public audience portion of the board meeting. If the complainant appeals to the board, the appeal will be in writing, signed and explain the process followed by the complainant prior to the appeal to the board.
214 - Public Hearings
214 - Public HearingsPublic hearings may be held on school district matters at the discretion of the board. Public notice of a public hearing will be in the same manner as for a board meeting except that the notice will be given at least ten days before the hearing is to be held unless it is impossible or impractical to do so.
At public hearings, citizens of the district who register at the door will be allowed to speak on the issue for which the public hearing is being held. Others may be allowed to speak at the board's discretion. Speakers are asked to keep their remarks as brief as possible. Prior to the beginning of the hearing, speakers and spectators will be apprised of the rules of order to be followed regarding time limitations, questions, remarks and rebuttals. In no event will a speaker be allowed to take the time of another speaker.
The board will conduct public hearings in an orderly fashion. At the beginning of the hearing, statements, background materials and public hearing rules and procedures will be presented by the board president. The board president will recognize the speakers. A board member may ask questions of the speakers after receiving permission from the board president. Only those speakers recognized by the chair will be allowed to speak. Comments by others are out of order. Individuals who interfere with or interrupt speakers, the board or the proceedings will be asked to leave.
Legal Reference: Iowa Code §§ 24.9; 279.8, .10; 297.22 (2001).
Cross Reference: 210 Board of Directors' Meetings
213 Public Participation in Board Meetings
601.1 School Calendar
703.1 Budget Planning
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
215 - Board of Directors' Records
215 - Board of Directors' RecordsThe board will keep and maintain permanent records of the board including, but not limited to, records of the minutes of board meetings and other required records of the board.
It is the responsibility of the board secretary-treasurer to keep the minutes of the board meetings. The minutes of each board meeting will include, at a minimum, the following items: a record of the date, time, place, members present, action taken and the vote of each member, and the schedule of bills allowed will be attached. This information will be available within two weeks of the board meeting and forwarded to the newspaper designated as the official newspaper for publication. The information does not need to be published within two weeks. The schedule of bills allowed may be published on a once monthly basis in lieu of publication with the minutes. The permanent records of the board minutes may include more detail than is required for the publication of the minutes.
Minutes waiting approval at the next board meeting will be available for inspection at the central administration office after the board secretary-treasurer transcribes the notes into typewritten material which has been proofread for errors and retyped.
Legal Reference: Iowa Code §§ 21; 22; 279.8, .35, .36; 291.6, .7; 618.3 (2001).
281 I.A.C. 12.3(1).
1982 Op. Att'y Gen. 215.
1974 Op. Att'y Gen. 403.
1952 Op. Att'y Gen. 133.
Cross Reference: 206.3 Secretary-Treasurer
208 Ad Hoc Committees
210.8 Board Meeting Agenda
708 Care, Maintenance and Disposal of School District Records
901 Public Examination of School District Records
Approved 01-15-90
Reviewed 11-16-92; 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 12-21-92;06-12-02
215.1E1 - Board Meeting Minutes
215.1E1 - Board Meeting MinutesSince the official minutes of the board are the only legal record, it is important that they be recorded with extreme care and completeness. The board secretary will follow the following guidelines in writing board minutes:
With respect to content, the minutes should show the following:
1. The place, date, and time of each meeting.
2. The type of meeting--regular, special, emergency, work session.
3. Members present and members absent, by name.
4. The call to order and adjournment.
5. The departure of members by name before adjournment.
6. The late arrival of members, by name.
7. The time and place of the next meeting.
8. Approval, or amendment and approval, of the minutes of the preceding meeting.
9. Complete information as to each subject of the board's deliberation and the action taken.
10. The maker and seconder of the motion, what action was taken, and the vote on the motion detailed enough to attribute a vote to each member present.
11. Complete text of all board resolutions, numbered consecutively for each fiscal year.
12. A record of all contracts entered into, with the contract documents kept in a separate file.
13. A record of all change orders on construction contracts.
14. All employment changes, including resignations or terminations.
15. A record, by number, of the bills of account approved by the board for payment.
16. A record of all calls for bids, bids received, and action taken thereon.
17. Approval of all transfers of funds from one budgetary fund to another.
18. Important documents forming a part of a motion should be made a part of the minutes by exhibit and placed in the minute book along with the minutes.
19. Board policy and administrative guides should be made a part of the minutes by exhibit.
20. Adoption of textbooks and establishment of bus routes by the board for the school year as well as the school calendar should become a part of the minutes.
21. Approval or disapproval of open enrollment requests with justification for disapproval or approval after the deadline.
22. A record of all delegations appearing before the board and a record of all petitions.
23. At the annual meeting each year the record should indicate that the books of the treasurer and secretary and the Certified Annual Report have been examined and approved subject to audit.
24. The election or appointment of board officers.
25. The appointment of auditors to examine the books.
At the organizational meeting, in September/October, odd- numbered years, the minutes should reflect the following:
26. Appointment of a temporary chairperson if not specified in policy.
27. Oath of office administered to newly elected board members.
28. Nominations taken for the office of president and vice-president.
29. Election of the president and vice-president, the votes and the oath of office administered to the president and vice-president.
30. The resolution to pay bills when the board is not in session.
31. A resolution to automatically disburse payroll along with a roster of all employees under contract.
32. A resolution naming depositories along with the maximum deposit for each depository.
33. Resolution authorizing the use of a check protector and signer and the proper control of the signer.
34. Motion designating a member or a committee to examine the bills of account for a designated period of time on a rotation basis if desired for the balance of the school year.
216 - Board of Directors' Member Services
216 - Board of Directors' Member Services dawn.gibson.cm… Tue, 07/25/2023 - 18:03216.1 - Association Membership
216.1 - Association MembershipParticipation in board member associations are beneficial to the board. The board may maintain an active membership in the Iowa Association of School Boards and in organizations the board determines will be of benefit to the board and the school district.
Legal Reference: Iowa Code § 279.38 (2001).
Cross Reference: 216.2 Board of Directors' Member Development and Training
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02; 09-19-11
216.2 - Board of Directors' Member Development and Training
216.2 - Board of Directors' Member Development and TrainingHigh achieving school boards work as a team to create high expectations for all students. Board learning is foundational to creating this solid governance structure focused on student learning for school boards. The board may participate in conferences sponsored by educational associations and agencies in addition to its own in-service programs and work sessions.
The board will work closely with the Iowa Association of School Boards' and encourage the board members to participate in qualifying learning opportunities to achieve the Annual Board Award.
I.C. Iowa Code |
Description |
Iowa Code § 279.8 |
|
Iowa Code § 279.38 |
Cross References
Code |
Description |
216.01 |
Legal Reference: Iowa Code §§ 279.8, .38 (2001).
Cross Reference: 216.1 Association Membership
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02; 09-19-11; 05-10-23
216.3 - Board of Directors' Member Compensation and Expenses
216.3 - Board of Directors' Member Compensation and ExpensesAs an elected public official, the board member is a public servant who serves without compensation. Board members will be reimbursed for actual and necessary expenses incurred in the performance of their official duties.
Prior to reimbursement of actual and necessary expenses, the board member must submit a detailed receipt indicating the date, purpose and nature of the expense for each claim item. A credit card receipt is generally not considered a detailed receipt. Failure to provide a detailed receipt will make the expense nonreimbursable. Personal expenses will be reimbursed by the board member to the school district no later than ten working days following the date of the expense. In exceptional circumstances, the board may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances will be maintained as part of the school district's record of the claim.
It is the responsibility of the board secretary-treasurer to compile the expenses of board members and bring them to the board for audit and approval in the same manner as other claims of the school district. It is the responsibility of the board to determine through the audit and approval process of the board whether the expenses incurred by a board member are actual and necessary expenses incurred in the performance of their official duties.
Legal Reference: Iowa Code §§ 68B; 277.27; 279.7A, .8, .32 (1999).
Cross Reference: 203 Board of Directors' Conflict of Interest
401.7 Employee Travel Compensation
401.10 Credit Cards
Approved 01-15-90
Reviewed 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 06-12-02
217 - Gifts to Board of Directors
217 - Gifts to Board of DirectorsBoard members may receive a gift on behalf of the school district. Board members will not, either directly or indirectly, solicit, accept or receive a gift, series of gifts or an honorarium unless the donor does not meet the definition of "restricted donor" stated below or the gift or honorarium does not meet the definition of gift or honorarium stated below.
A "restricted donor" is defined as a person or other entity which:
· Is seeking to be or is a party to any one or any combination of sales, purchases, leases or contracts to, from or with the school district;
· Will be directly and substantially affected financially by the performance or nonperformance of the board member's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or
· Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.
A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received. However, "gift" does not include any of the following:
· Contributions to a candidate or a candidate's committee;
· Information material relevant to a board member's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;
· Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
· An inheritance;
· Anything available or distributed to the general public free of charge without regard to the official status of the board recipient;
· Items received from a charitable, professional, educational or business organization to which the board member 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 a board member for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the board member has participation or presentation responsibilities;
· Plaques or items of negligible resale value given as recognition for public service;
· Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;
· Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;
· Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
· Funeral flowers or memorials to a church or nonprofit organization;
· Gifts which are given to a public official for the public official's wedding or twenty-fifth or fiftieth wedding anniversary;
· Payment of salary or expenses by a board member's employer or the firm in which the board member is a member for the cost of attending a meeting of a subunit of an agency when the board member whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the board member is not entitled to receive compensation or reimbursement of expenses from the school district;
· Gifts other than food, beverages, travel and lodging received by a board member which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the board member; or
· Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions. The costs of food, drink, lodging and travel are not "registration costs" under this paragraph. Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.
An "honorarium" is anything of value that is accepted by, or on behalf of, a board member as consideration for an appearance, speech or article. An honorarium does not include any of the following:
· Actual expenses of a board member for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the board member has participation or presentation responsibilities;
· A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the department of general services; or
· A payment made to a board member for services rendered as part of a private business, trade or profession in which the board member is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as a board member but, rather, because of some special expertise or other qualification.
It is the responsibility of each board member to know when it is appropriate to accept or reject gifts or honorariums.
Legal References: Iowa Code ch. 68B (2001).
1972 Op. Att'y Gen. 276.
1970 Op. Att'y Gen. 319.
Cross References: 203 Board of Directors' Conflict of Interest
402.4 Gifts to Employees
704.4 Gifts - Grants - Bequests
Approved 01-15-90
Reviewed 12-21-92; 10-17-94; 05-21-02; 11-20-06; 08-15-11; 02-10-16
Revised 01-19-93; 11-21-94; 06-12-02
300 - ADMINISTRATION
300 - ADMINISTRATION dawn.gibson.cm… Sun, 08/13/2023 - 14:33300 - Role of School District Administration
300 - Role of School District AdministrationIn this series of the board policy manual, the board defines the role and the employment of school district administrators. Policies in the 400 Series, "Employees," also apply to administrators unless a more specific policy exists in the 300 Series, "Administration."
School district administrators have been given a great opportunity and responsibility to manage the school district, to provide educational leadership, and to implement the educational philosophy of the school district. They are responsible for the day-to-day operations of the school district. In carrying out these operations, the administrators are guided by board policies, the law, the needs of the students, and the wishes of the citizens in the school district community.
It is the responsibility of the administrators to implement and enforce the policies of the board, to oversee employees, to monitor educational issues confronting the school district, and to inform the board about school district operations.
While the board holds the superintendent ultimately responsible for these duties, the principals are more directly responsible for educational results, for the administration of the school facilities and for the employees.
The board and the administration will work together to share information and decisions under the management team concept.
Approved 01-15-90
Reviewed 10-21-02; 12-18-06; 09-21-11; 03-09-16
Revised 11-18-02
301 - Administrative Structure
301 - Administrative Structure dawn.gibson.cm… Sun, 08/13/2023 - 15:14301.1 - Management
301.1 - ManagementThe board and the administrators will work together in making decisions and setting goals for the school district. This effort is designed to obtain, share, and use information to solve problems, make decisions, and formulate school district policies and regulations.
It is the responsibility of each administrator to fully participate in the management of the school district by investigating, analyzing, and expressing their views on issues. Those board members or administrators with special expertise or knowledge of an issue may be called upon to provide information. Each board member and administrator will support the decisions reached on the issues confronting the school district.
The board is responsible for making the final decision in matters pertaining to the school district.
It is the responsibility of the superintendent to develop guidelines for cooperative decision-making.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 301 Administrative Structure
Approved 01-15-91
Reviewed 10-21-02; 12-18-06; 09-21-11; 03-09-16
Revised 11-18-02
301.2 - Management Team
301.2 - Management TeamThe board considers all those who have a role in the recruitment or release of employees to be part of the management team. The management team is headed by the superintendent. The superintendent will convene meetings to discuss school district policies, administrative procedures and other business brought to the superintendent's attention.
The management team will meet with the board upon the board's request or superintendent's recommendation to review overall operations of the school district and conditions affecting the management team. The management team will have no relationship to the formal negotiating unit. In the event a member or members of the management team are unable to resolve a problem, a committee of one board member, one management team member, and the superintendent will investigate the circumstances and make a recommendation. If the recommendation does not settle the matter, the board and the management team will meet to resolve the matter. The board may seek the advice of outside management consultants to assist in resolving the matter.
Legal Reference: Iowa Code § 279.8 (2001).
281 I.A.C. 12.3(3).
Cross Reference: 301 Administrative Structure
Approved 01-15-90
Reviewed 10-21-02; 12-18-06; 09-21-11;03-09-16
Revised 11-18-02
302 - Superintendent
302 - Superintendent dawn.gibson.cm… Sun, 08/13/2023 - 14:59302.1 - Superintendent Qualifications, Recruitment, Appointment
302.1 - Superintendent Qualifications, Recruitment, AppointmentThe board will employ a superintendent to serve as the chief executive officer of the board, to conduct the daily operations of the school district, and to implement board policy with the power and duties prescribed by the board and the law.
The board will consider applicants that meet or exceed the standards set by the Iowa Department of Education and the qualifications established in the job description for the superintendent position. In employing a superintendent, the board will consider the qualifications, credentials and records of the applicants without regard to race, color, creed, sex, national origin, socioeconomic status, sexual orientation, gender identity, marital status, religion, age, or disability. In keeping with the law, however, the board will consider the veteran status of the applicants. The board will look closely at the training, experience, skill and demonstrated competence of qualified applicants in making its final decision.
In choosing a superintendent, the board will also consider the school district's educational philosophy, financial situation, organizational structure, education programs, and other factors deemed relevant by the board.
The board may contract for assistance in the search for a superintendent.
The board may contract to share the services of the superintendent with another school district, AEA or other governmental entity.
Legal Reference: 29 U.S.C. §§ 621-634 (1994).
42 U.S.C. §§ 2000e et seq. (1994).
Iowa Code §§ 21.5(1)(i); 35C; 216; 279.8, .20 (2001).
281 I.A.C. 12.4(4).
1980 Op. Att'y Gen. 367.
Cross Reference: 200.2 Powers of the Board of Directors
200.3 Responsibilities of the Board of Directors
301 Administrative Structure
302 Superintendent
Approved 01-15-90
Reviewed 12-21-92; 10-21-02; 12-18-06; 11-17-08; 09-21-11; 03-09-16
Revised 01-19-93; 11-18-02; 12-15-08; 10-17-11
302.2 - Superintendent Contract and Contract Nonrenewal
302.2 - Superintendent Contract and Contract NonrenewalThe length of the contract for employment between the superintendent and the board is determined by the board. The contract will begin on July 1 and end on June 30. The contract will state the terms of employment.
The first two years of a contract issued to a newly employed superintendent is considered a probationary period. The board may waive this period or the probationary period may be extended for an additional year upon the consent of the superintendent. In the event of termination of a probationary or nonprobationary contract, the board will afford the superintendent appropriate due process, including notice by May 15. The superintendent and board may mutually agree to terminate the superintendent's contract at any time.
If a superintendent's contract is not being renewed by the board, the contract will be extended automatically for additional one-year periods beyond the end of its term until it is modified or terminated as mutually agreed to by the parties or until the superintendent's contract is terminated consistent with statutory termination procedures.
It is the responsibility of the board to provide the contract for the superintendent.
If the superintendent wishes to resign, to be released from a contract, or to retire, the superintendent must comply with board policies dealing with retirement, release or resignation.
Legal Reference: Cook v Plainfield Community School District, 301 N.W.2d 771 (Iowa App. 1980).
Board of Education of Fort Madison Community School District v. Youel, 282 N.W.2d 677 (Iowa 1979).
Briggs v Board of Directors of Hinton Community School District, 282 N.W.2d 740 (Iowa 1979).
Luse v. Waco Community School District of Henry Co., 258 Iowa 1087, 141 N.W.2d 607 (1966).
Iowa Code §§ 21.5(1)(i); 279.20, .22-.25 (2001).
281 I.A.C. 12.4(4).
Cross Reference: 302 Superintendent
Approved 01-15-90
Reviewed 12-21-92; 10-21-02; 01-22-07; 09-21-11; 03-09-16
Revised 01-19-93; 11-18-02
302.3 - Superintendent Salary and Other Compensation
302.3 - Superintendent Salary and Other CompensationThe board has complete discretion to set the salary of the superintendent. It is the responsibility of the board to set the salary and benefits of the superintendent at a level that will include consideration of, but not be limited to, the economic condition of the school district and the training, experience, skill, and demonstrated competence of the superintendent. The salary is set at the beginning of each contract term.
In addition to the salary and benefits, the superintendent's actual and necessary expenses are paid by the school district when the superintendent is performing work-related duties. It is within the discretion of the board to pay dues to professional organizations for the superintendent.
The board may approve the payment of dues and other benefits or compensation over and above the superintendent's contract. Approval of dues and other benefits or compensation will be included in the records of the board in accordance with board policy.
Legal Reference: Iowa Code §§ 279.8, .20 (2013).
1984 Op. Att'y Gen. 47.
Cross Reference: 302 Superintendent
Approved 10-22-14
Reviewed 09-10-14
Revised 10-22-14
302.4 - Superintendent Duties
302.4 - Superintendent DutiesThe board employs a superintendent of schools to serve as the chief executive officer of the board. The board delegates to the superintendent the authority to implement board policy and to execute decisions made by the board concerning the internal operations of the school district, unless specifically stated otherwise.
The superintendent is responsible for the implementation and execution of board policy and the observance of board policy by employees and students. The superintendent is responsible for overall supervision and discipline of employees and the education program.
In executing the above-stated duties, the superintendent will consider the financial situation of the school district as well as the needs of the students. Specifically, the superintendent:
- Interprets and implements all board policies and all state and federal laws relevant to education;
- Supervises, either directly or through delegation, all activities of the school system according to, and consistent with, the policies of the board;
- Represents the board as a liaison between the school district and the community;
- Establishes and maintains a program of public relations to keep the public well-informed of the activities and needs of the school district, effecting a wholesome and cooperative working relationship between the school district and the community;
- Attends and participates in all meetings of the board, except when the superintendent has been excused, and makes recommendations affecting the school district;
- Reports to the board on such matters as deemed material to the understanding and proper management of the school district or as the board may request;
- Assumes responsibility for the overall financial planning of the district and for the preparation of the annual budget, and submits it to the board for review and approval;
- Establishes and maintains efficient procedures and effective controls for all expenditures of school district funds in accordance with the adopted budget, subject to the direction and approval of the board;
- Files, or causes to be filed, all reports required by law;
- Makes recommendations to the board for the selection of employees for the school district;
- Makes and records assignments and transfers of all employees pursuant to their qualifications;
- Employs such employees as may be necessary, within the limits of budgetary provisions and subject to the board's approval;
- Recommends to the board, for final action, the promotion, salary change, demotion, or dismissal of any employee;
- Prescribes rules for the classification and advancement of students, and for the transfer of students from one building to another in accordance with board policies;
- Summons employees of the school district to attend such regular and occasional meetings as are necessary to carry out the education program of the school district;
- Supervises methods of teaching, supervision, and administration in effect in the schools;
- Attends such conventions and conferences as are necessary to keep informed of the latest educational trends;
- Accepts responsibility for the general efficiency of the school system, for the development of the employees, and for the educational growth and welfare of the students;
- Defines educational needs and formulates policies and plans for recommendation to the board;
- Makes administrative decisions necessary for the proper functioning of the school district;
- Responsible for scheduling the use of buildings and grounds by all groups and/or organizations;
- Acts as the purchasing agent for the board, and establishes procedures for the purchase of books, materials and supplies;
- Approves vacation schedules for employees;
- Conducts periodic district administration meetings;
- Performs other duties as may be assigned by the board.
- Supervises the establishment or modification of the boundaries of school attendance and transportation areas subject to approval of the board; and
- Directs studies of buildings and sites, taking into consideration population trends and the educational and cultural needs of the district in order to ensure timely decisions by the board and the electorate regarding construction and renovation projects.
This list of duties will not act to limit the board's authority and responsibility over the superintendent. In executing these duties and others the board may delegate, the superintendent will consider the school district's financial condition as well as the needs of the students in the school district.
Legal Reference: Iowa Code §§ 279.8, .20, 23A (2013).
281 I.A.C. 12.4(4).
Cross Reference: 209 Board of Directors' Management Procedures
301 Administrative Structure
302 Superintendent
Approved 10-22-14
Reviewed 09-10-14
Revised 10-22-14
302.5 - Superintendent Evaluation
302.5 - Superintendent EvaluationThe board will conduct an ongoing evaluation of the superintendent's skills, abilities, and competence. At a minimum, the board will formally evaluate the superintendent on an annual basis. The goal of the superintendent's formal evaluation is to ensure the education program for the students is carried out, promote growth in effective administrative leadership, clarify the superintendent's role, clarify the immediate priorities of the board, and develop a working relationship between the board and the superintendent.
The superintendent will be an educational leader who promotes the success of all students by:
- Facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community.
- Advocating, nurturing and sustaining a school culture and instructional program conducive to student learning and staff professional development.
- Ensuring management of the organization, operations and resources for a safe, efficient and effective learning environment.
- Collaborating with families and community members, responding to diverse community interests and needs and mobilizing community resources.
- Acting with integrity, fairness and in an ethical manner.
- Understanding the profile of the community, and responding to and influencing the larger political, social, economic, legal and cultural context.
The formal evaluation will be based upon the following principles:
- The evaluation criteria will be in writing, clearly stated and mutually agreed upon by the board and the superintendent. The criteria will be related to the job description and the school district's goals;
- At a minimum, the evaluation process will be conducted annually at a time agreed upon;
- Each board member will have an opportunity to individually evaluate the superintendent, and these individual evaluations will be compiled into an overall evaluation by the entire board;
- The superintendent will conduct a self-evaluation prior to discussing the board's evaluation, and the board as a whole will discuss its evaluation with the superintendent;
- The board may discuss its evaluation of the superintendent in closed session upon a request from the superintendent and if the board determines its discussion in open session will needlessly and irreparably injure the superintendent's reputation; and,
- The individual evaluation by each board member, if individual board members so desire, will not be reviewed by the superintendent. Board members are encouraged to communicate their criticisms and concerns to the superintendent in the closed session. The board president will develop a written summary of the individual evaluations, including both the strengths and the weaknesses of the superintendent, and place it in the superintendent's personnel file to be incorporated into the next cycle of evaluations.
This policy supports and does not preclude the ongoing, informal evaluation of the superintendent's skills, abilities and competence.
Legal Reference: Wedergren v. Board of Directors, 307 N.W.2d 12 (Iowa 1981).
Iowa Code §§ 279.8, .20, .23, .23A (2001).
281 I.A.C. 12.3(4).
Cross Reference: 212 Closed Sessions
302 Superintendent
Approved 01-15-90
Reviewed 10-21-02; 12-18-06; 09-21-11; 10-17-11; 03-09-16
Revised 11-18-02; 11-21-11
302.6 - Superintendent Professional Development
302.6 - Superintendent Professional DevelopmentThe board encourages the superintendent to continue professional growth by being involved in professional organizations, attending conferences, continuing education, and participating in other professional activities.
It is the responsibility of the superintendent to arrange the superintendent's schedule in order to enable attendance at various conferences and events. If a conference or event requires the superintendent to be absent from the office for more than three days, requires overnight travel, or involves unusual expense, the superintendent will bring it to the attention of the board president prior to attending the event.
The superintendent will report to the board after an event.
Legal Reference: Iowa Code § 279.8 (2001).
281 I.A.C. 12.7.
Cross Reference: 303.7 Administrator Professional Development
401.7 Employee Travel Compensation
Approved 01-15-90
Reviewed 10-21-02; 12-18-06; 09-21-11; 03-09-16
Revised 11-18-02
302.7 - Superintendent Civic Activities
302.7 - Superintendent Civic ActivitiesThe board encourages the superintendent to be involved in the school district community by belonging to school district community organizations and attending and participating in school district community activities.
It is the responsibility of the superintendent to become involved in school district community activities and events. The board may include a lump sum amount as part of the superintendent's compensation to be used specifically for paying the annual fees of the superintendent for school district community activities and events if, in the board's judgment, the superintendent's participation will further the public purpose of promoting and deriving support for the school district and public education in general. It is within the discretion of the board to pay annual fees for professional organizations and activities.
Legal Reference: Iowa Code § 279.8 (2001).
1990 Op. Att'y Gen. 79.
Cross Reference: 302.3 Superintendent Salary and Other Compensation
303.8 Administrator Civic Activities
Approved 01-15-90
Reviewed 10-21-02; 12-18-06; 09-21-11; 03-09-16
Revised 11-18-02
302.8 - Superintendent Consulting / Outside Employment
302.8 - Superintendent Consulting / Outside EmploymentThe superintendent's position is considered full-time employment. The board expects the superintendent to give the responsibilities of the position precedence over other employment. The superintendent may accept consulting or outside employment for pay as long as, in the judgment of the board, the work is conducted on the superintendent's personal time and it does not interfere with the performance of the superintendent's duties.
The board reserves the right, however, to request that the superintendent cease the outside employment as a condition of continued employment. The board will give the superintendent thirty days notice to cease outside employment.
Legal Reference: Iowa Code §§ 279.8, .20 (2001).
Cross Reference: 302.2 Superintendent Contract and Contract Nonrenewal
302.4 Superintendent Duties
Approved 01-15-90
Reviewed 10-21-02; 12-18-06; 09-21-11; 03-09-16
Revised 11-18-02
303 - Administrative Employees
303 - Administrative Employees dawn.gibson.cm… Sun, 08/13/2023 - 14:44303.1 - Administrative Positions
303.1 - Administrative PositionsThe school district will have, in addition to the superintendent, the following administrative position:
Elementary Principal
These administrators will work closely with the superintendent in the day-to-day operations of the school district.
It is the responsibility of these administrators to uphold board policy, to instill a positive, cooperative environment with employees, and to share their expertise with each other and the board under the management team concept.
Legal Reference: Iowa Code §§ 279.8, .20, .21, .23-.24 (2001).
281 I.A.C. 12.4.
Cross Reference: 301 Administrative Structure
303 Administrative Employees
Approved 01-15-90
Reviewed 12-21-02; 12-18-06; 09-21-11; 03-09-16
Revised 11-18-02
303.2 - Administrator Qualifications, Recruitment, Appointment
303.2 - Administrator Qualifications, Recruitment, AppointmentThe board will employ building principals and other administrators, in addition to the superintendent, to assist in the daily operations of the school district.
The board will consider applicants who meet or exceed the standards set by the Iowa Department of Education and the qualifications established in the job description for the position. In employing an administrator, the board will consider the qualifications, credentials and records of the applicants without regard to race, color, creed, religion, sex, marital status, sexual orientation, gender identity, national origin, age, or disability. In keeping with the law, however, the board will consider the veteran status of the applicants. The board will look closely at the training, experience, skill and demonstrated competence of qualified applicants in making its final decision.
In choosing an administrator, the board will also consider the school district's educational philosophy, financial condition, organizational structure, education programs, and other factors deemed relevant by the board.
It is the responsibility of the superintendent to make a recommendation to the board for filling an administrative position, based on the requirements stated in this policy. The board will act only on the superintendent's recommendation.
The board may contract for assistance in the search for administrators.
The board may contract to share the services of building principals and other administrators with another school district.
Legal Reference: Iowa Code §§ 279.8, .21 (2001).
281 I.A.C. 12.4.
1980 Op. Att'y Gen. 367.
Cross Reference: 303 Administrative Employees
Approved 01-15-90
Reviewed 12-21-92; 10-21-02; 12-18-06; 09-21-11; 03-09-16
Revised 01-19-93; 11-18-02
303.3 - Administrator Contract and Contract Nonrenewal
303.3 - Administrator Contract and Contract NonrenewalThe length of the contract for employment between an administrator and the board will be determined by the board and stated in the contract. The contract will also state the terms of the employment.
The first two years of a contract issued to a newly employed administrator will be considered a probationary period. The board may waive this period. The probationary period may be extended for an additional year upon the consent of the administrator. In the event of termination of a probationary or nonprobationary contract, the board will afford the administrator appropriate due process, including notice by May 15. The administrator and board may mutually agree to terminate the administrator's contract.
If an administrator's contract is not being renewed by the board, the contract will be extended automatically for additional one-year periods beyond the end of its term until it is modified or terminated as mutually agreed to by the parties or until the administrator's contract is terminated consistent with statutory termination procedures.
It is the responsibility of the superintendent to create a contract for each administrative position.
Administrators who wish to resign, to be released from a contract, or to retire, must comply with board policies regarding the areas of resignation, release or retirement.
Legal Reference: Cook v Plainfield Community School District, 301 N.W.2d 771 (Iowa App. 1980).
Board of Education of Fort Madison Community School District v Youel, 282 N.W.2d 677 (Iowa 1979).
Briggs v Board of Education of Hinton Community School District, 282 N.W.2d 740 (Iowa 1979).
Iowa Code §§ 279.20, .22-.25 (2001).
281 I.A.C. 12.4(4), .4(7).
Cross Reference: 303 Administrative Employees
Approved 01-15-90
Reviewed 12-21-92; 10-21-02; 01-22-07; 09-21-11; 03-09-16
Revised 01-19-93; 11-18-02
303.4 - Administrator Salary and Other Compensation
303.4 - Administrator Salary and Other CompensationThe board has complete discretion to set the salary of the administrators. It is the responsibility of the board to set the salary and benefits of the administrators at a level that will include consideration of, but not be limited to, the economic condition of the school district and the training, experience, skill, and demonstrated competence of the administrators. The salary will be set at the beginning of each contract period.
In addition to the salary and benefits agreed upon, the administrator's actual and necessary expenses will be paid by the school district when the administrator is performing work-related duties. The board will approve the payment of other benefits or compensation over and above the administrator's contract. Approval of other benefits or items of an administrator's compensation will be included in the records of the board in accordance with board policy.
Legal Reference: Iowa Code § 279.21 (2001).
1984 Op. Att'y Gen. 47.
Cross Reference: 303 Administrative Employees
Approved 01-15-90
Reviewed 10-21-02; 12-18-06; 09-21-11; 03-09-16
Revised 11-18-02
303.5 - Administrator Duties
303.5 - Administrator DutiesAdministrators will be hired by the board to assist the superintendent in the day-to-day operations of the school district.
Each attendance center will have a building principal responsible for the administration and operation of the attendance center. Each building principal, as chief administrator of the assigned attendance center, is responsible for the building and grounds, for the students and employees assigned to the attendance center, for school activities at the attendance center, for the education program offered in the attendance center, and the budget for the attendance center. The principal is considered the professional advisor to the superintendent in matters pertaining to the attendance center supervised by the principal. Although the principals serve under the direction of the superintendent, duties of the principal may include, but not be limited to the following:
· Cooperate in the general organization and plan of procedure in the school under the principal's supervision;
· Supervision of the teachers in the principal's attendance center;
· Maintain the necessary records for carrying out delegated duties;
· Work with the superintendent in rating, recommending and selecting supervised employees whenever possible;
· Work with the superintendent in determining the education program to be offered and in arranging the schedules. As much of the schedule as possible should be made before school closes for summer vacation. In the matter of courses offered, the final approval rests with the superintendent who is in turn responsible to the board;
· Ensure that proper care is taken of all school books, supplies, materials, equipment, furniture and facilities;
· Instruct teachers to make a complete annual inventory of all school property contained in their individual rooms. This inventory is reviewed and filed with the board secretary;
· Investigate excessive cases of absence or tardiness of students and notify the parents or guardians of unexcused absence or tardiness. All such cases should be reported to the superintendent;
· Make such reports from time to time as the superintendent may require;
· Maintain the regular schedule of school hours established by the board and make no temporary changes in the schedule without the consent of the superintendent;
· Promptly notify the superintendent whenever ventilation, sanitation or heating of the building is unsatisfactory;
· Contribute to the formation and implementation of general policies and procedures of the school;
· Perform such other duties as may be assigned by the superintendent of schools.
This list of duties will not act to limit the board's authority and responsibility over the position of the administrators. In executing these duties and others the board may delegate, the administrators will consider the school district's financial condition as well as the needs of the students in the school district.
Legal Reference: Iowa Code §§ 279.8, .21, .23A (2001).
281 I.A.C. 12.4(5), .4(6), .4(7).
Cross Reference: 301 Administrative Structure
303 Administrative Employees
Approved 01-15-90
Reviewed 12-21-92; 10-21-02; 12-18-06; 09-21-11; 03-09-16
Revised 01-19-93; 11-18-02
303.6 - Administrator Evaluation
303.6 - Administrator EvaluationThe superintendent will conduct an ongoing process of evaluating the administrators on their skills, abilities, and competence. At a minimum, the superintendent will formally evaluate the administrators annually. The goal of the formal evaluation process is to ensure that the educational program for the students is carried out student learning goals of the school district are met, promote growth in effective administrative leadership for the school district, clarify the administrator's role as defined by the board and the superintendent, ascertain areas in need of improvement, clarify the immediate priorities of the responsibilities listed in the job description, and develop a working relationship between the superintendent and the administrator.
The superintendent is responsible for designing an administrator evaluation instrument. The formal evaluation will include written criteria related to the job description. The superintendent, after receiving input from the administrators, will present the formal evaluation instrument to the board for approval.
The formal evaluation will also include an opportunity for the administrator and the superintendent to discuss the written criteria, the past year's performance and the future areas of growth. The evaluation is completed by the superintendent, signed by the administrator and filed in the administrator's personnel file.
The principal will be an educational leader who promotes the success of all students by:
- Facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community.
- Advocating, nurturing and sustaining a school culture and instructional program conducive to student learning and staff professional development.
- Ensuring management of the organization, operations and resources for a safe, efficient and effective learning environment.
- Collaborating with families and community members, responding to diverse community interests and needs and mobilizing community resources.
- Acting with integrity, fairness and in an ethical manner.
- Understanding the profile of the community, and responding to and influencing the larger political, social, economic, legal and cultural context.
It is the responsibility of the superintendent to conduct a formal evaluation of the probationary administrators and nonprobationary administrators prior to May 15.
This policy supports and does not preclude the ongoing informal evaluation of the administrator's skills, abilities and competence.
Legal Reference: Iowa Code §§ 279.8, .21-.23A (2001).
281 I.A.C. 12.3(4).
Cross Reference: 303 Administrative Employees
Approved 01-15-90
Reviewed 12-21-92; 10-21-02; 12-18-06; 09-21-11; 10-17-11; 03-09-16
Revised 01-19-93; 11-18-02; 11-21-11
303.7 - Administrator Professional Development
303.7 - Administrator Professional DevelopmentThe board encourages the administrators to continue their professional growth by becoming involved in professional organizations, attending conferences, continuing their education, and participating in other professional activities.
It is the responsibility of the administrators to arrange their schedules in order to attend various conferences and events in which they are involved. Prior to attendance at an event, the administrator must receive approval from the superintendent. In the case where overnight travel or unusual expense is involved, the superintendent will bring it to the attention of the board prior to the administrator attending the event.
The administrator will report to the superintendent after an event.
Legal Reference: Iowa Code § 279.8 (2001).
281 I.A.C. 12.7.
Cross Reference: 302.6 Superintendent Professional Development
401.7 Employee Travel Compensation
Approved 01-15-90
Reviewed 10-21-02; 12-18-06; 09-21-11; 03-09-16
Revised 11-18-02
303.8 - Administrator Civic Activities
303.8 - Administrator Civic ActivitiesThe board encourages the administrators to be involved in the school district community by belonging to community organizations, and by attending and participating in school district community activities.
It is the responsibility of the administrators to become involved in school district community activities and events. The board may include a lump sum amount as part of the administrator's compensation to be used specifically for paying the annual fees of the administrator for school district community activities and events if, in the board's judgment, the administrator's participation will further the public purpose of promoting and deriving support for the school district and public education in general. It is within the discretion of the board to pay annual fees for professional organizations and activities.
Legal Reference: Iowa Code § 279.8 (2001).
1990 Op. Att'y Gen. 79.
Cross Reference: 302.7 Superintendent Civic Activities
Approved 01-15-90
Reviewed 10-21-02; 12-18-06; 09-21-11; 03-09-16
Revised 11-18-02
303.9 -Administrator Consulting / Outside Employment
303.9 -Administrator Consulting / Outside EmploymentAn administrative position is considered full-time employment. The board expects administrators to give the responsibilities of their positions in the school district precedence over other employment. An administrator may accept consulting or outside employment for pay as long as, in the judgment of the board and the superintendent, the work is conducted on the administrator's personal time and it does not interfere with the performance of the administrative duties contracted by the board.
The board reserves the right, however, to request the administrator cease the outside employment as a condition of continued employment. The board will give the administrator thirty days notice to cease outside employment.
Legal Reference: Iowa Code §§ 279.8, .21 (2001).
Cross Reference: 303.3 Administrator Contract and Contract Nonrenewal
303.5 Administrator Duties
Approved 01-15-90
Reviewed 10-21-02; 12-18-06; 09-21-11; 03-09-16
Revised 11-18-02
304 - Administrative Regulations
304 - Administrative Regulations dawn.gibson.cm… Sun, 08/13/2023 - 14:40304.1 - Development and Enforcement of Administrative Regulations
304.1 - Development and Enforcement of Administrative RegulationsAdministrative regulations may be necessary to implement board policy. It is the responsibility of the superintendent to develop administrative regulations.
In developing the administrative regulations, the superintendent may consult with administrators or others likely to be affected by the regulations. Once the regulations are developed, employees, students and other members of the school district community will be informed in a manner determined by the superintendent.
The board will be kept informed of the administrative regulations utilized and their revisions. The board may review and recommend change of administrative regulations prior to their use in the school district if they are contrary to the intent of board policy.
It is the responsibility of the superintendent to enforce administrative regulations.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 209 Board of Directors' Management Procedures
304.2 Monitoring of Administrative Regulations
Approved 01-15-90
Reviewed 10-21-02; 12-18-06; 09-21-11; 03-09-16
Revised 11-18-02
304.2 - Monitoring of Administrative Regulations
304.2 - Monitoring of Administrative RegulationsThe administrative regulations will be monitored and revised when necessary. It is the responsibility of the superintendent to monitor and revise the administrative regulations.
The superintendent may rely on the board, administrators, employees, students, and other members of the school district community to inform the superintendent about the effect of and possible changes in the administrative regulations.
Legal Reference: Iowa Code §§ 279.8, .20 (2001).
Cross Reference: 209 Board of Directors' Management Procedures
304.1 Development and Enforcement of Administrative Regulations
Approved 01-15-90
Reviewed 10-21-02; 12-18-06; 09-21-11; 03-09-16
Revised 11-18-02
305 - Administrator Code of Ethics
305 - Administrator Code of EthicsAdministrators, as part of the educational leadership in the school district community, represent the views of the school district. Their actions, verbal and nonverbal, reflect the attitude and the beliefs of the school district. Therefore, administrators will conduct themselves professionally and in a manner fitting to their position.
Each administrator will follow the code of ethics stated in this policy. Failure to act in accordance with this code of ethics or in a professional manner, in the judgment of the board, will be grounds for discipline up to, and including, discharge.
The professional school administrator:
· Upholds the honor and dignity of the profession in actions and relations with students, colleagues, board members and the public;
· Obeys local, state and national laws; holds to high ethical and moral standards; and gives loyalty to this country and to the cause of democracy and liberty;
· Accepts the responsibility to master and contribute to the growing body of specialized knowledge, concepts, and skills which characterize school administration as a profession;
· Strives to provide the finest possible educational experiences and opportunities to the members of the school district community;
· Seeks to preserve and enhance the prestige and status of the profession when applying for a position or entering into contractual agreements;
· Carries out in good faith the policies duly adopted by the local board and the regulations of state authorities and renders professional service;
· Disallows consideration of private gain or personal economic interest to affect the discharge of professional responsibilities;
· Recognizes public schools are the public's business and seeks to keep the public informed about their schools; and,
· Supports and practices the management team concept.
Legal Reference: Iowa Code § 279.8 (2001).
282 I.A.C. 13.
Cross Reference: 404 Employee Conduct and Appearance
Approved 01-15-90
Reviewed 10-21-02; 12-18-06; 09-21-11; 03-09-16
Revised 11-18-02
306 - Succession of Authority to the Superintendent
306 - Succession of Authority to the SuperintendentIn the absence of the superintendent, it is the responsibility of the other administrators to assume the superintendent's duties. The succession of authority to the superintendent is the elementary principal.
If the absence of the superintendent is temporary, the successor will assume only those duties and responsibilities of the superintendent that require immediate action. If the board determines the absence of the superintendent will be a lengthy one, the board will appoint an acting superintendent to assume the responsibilities of the superintendent. The successor will assume the duties when the successor learns of the superintendent's absence or when assigned by the superintendent or the board.
References to "superintendent" in this policy manual will mean the "superintendent or the superintendent's designee" unless otherwise stated in the board policy.
Legal Reference: Iowa Code § 279.8 (2001).
281 I.A.C. 12.4(4).
Cross Reference: 302 Superintendent
Approved 01-15-90
Reviewed 12-21-92; 10-21-02; 12-18-0-6; 09-21-11; 03-09-16
Revised 01-19-93; 11-18-02
307 - Communication Channels
307 - Communication ChannelsQuestions and problems are resolved at the lowest organizational level nearest to the complaint. School employees are responsible for conferring with their immediate supervisor on questions and concerns. Students and other members of the school district community will confer with a licensed employee and then with the principal on questions and concerns.
If resolution is not possible by any of the above, individuals may bring it to the attention of the superintendent within five (5) school days of their discussion with the principal. If there is no resolution or plan for resolution by the superintendent within five (5) school days of the individual's discussion with the superintendent, the individual may ask to have the question or problem placed on the board agenda.
It will first be the responsibility of the administrators to resolve questions and problems raised by the employees and the students they supervise and by other members of the school district community.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 213 Public Participation in Board Meetings
213.1R1General Complaints by Citizens
401.4 Employee Complaints
502.4 Student Complaints and Grievances
504.3 Student Publications
Approved 01-15-90
Reviewed 03-16-92; 10-21-02; 12-18-06; 09-21-11; 03-09-16
Revised 04-20-92; 11-18-02
400 - EMPLOYEES
400 - EMPLOYEES dawn.gibson.cm… Sun, 08/13/2023 - 15:19400 - Role of and Guiding Principles for Employees
400 - Role of and Guiding Principles for EmployeesThis series of the board policy manual is devoted to the board's goals and objectives for employees in the performance of their jobs. Employees provide a variety of important services for the children of the school district community. They may be teaching or assisting in the classroom, working in the office, maintaining the facilities, driving or repairing the school buses, or cooking lunches. Each employee plays a vital role in providing an equal opportunity for a quality education for students. While the teachers have the most direct impact on the formal instruction of students, all employees have an impact on the school environment by their dedication to their work and their actions. As role models for the students, employees will promote a cooperative, enthusiastic, and supportive learning environment for the students.
In striving to achieve a quality education program, the board's goal is to obtain and retain qualified and effective employees. The board will have complete discretion to determine the number, the qualifications, and the duties of the positions and the school district's standards of acceptable performance. It is 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.
Board policies in this series relating to general employees will apply to employees regardless of their position as a licensed employee, classified employee, substitute or administrator. Board policies relating to licensed employees will apply to positions that require a teaching license or administrator's certificate or other professional license, certificate or endorsement, unless administrative positions are specifically excluded from the policy or a more specific policy is in the 300 series, Administration. Classified employees' policies included in this series will apply to positions that do not fall within the definition of licensed employee.
Approved 01-15-90
Reviewed 02-18-93; 11-17-03; 01-22-07; 07-11-11; 04-06-16
Revised 03-15-93; 12-15-03
401 - Employees and Internal Relations
401 - Employees and Internal Relations dawn.gibson.cm… Sun, 08/13/2023 - 15:24401.1 - Equal Employment Opportunity
401.1 - Equal Employment OpportunityThe Gilmore City-Bradgate Community School District will provide equal opportunity to employees and applicants for employment in accordance with applicable equal employment opportunity and affirmative action laws, directives and regulations of federal, state and local governing bodies. Opportunity to all employees and applicants for employment includes hiring, placement, promotion, transfer or demotion, recruitment, advertising or solicitation for employment, treatment during employment, rates of pay or other forms of compensation, and layoff or termination. The school district will take affirmative action in major job categories where women, men, minorities and persons with disabilities are underrepresented. Employees will support and comply with the district's established equal employment opportunity and affirmative action policies. Employees will be given notice of this policy annually.
The board will appoint an affirmative action coordinator. The affirmative action coordinator will have the responsibility for drafting the affirmative action plan. The affirmative action plan will be reviewed by the board at least every two years.
Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply. In employing individuals, the board will consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, marital status, national origin, socioeconomic status, sexual orientation, gender identity, religion, age or disability. In keeping with the law, the board will consider the veteran status of applicants.
Prior to a final offer of employment for any teaching position, the school district will perform the background checks required by law. The district may determine on a case-by-case basis that, based on the duties, other positions within the district will also require background checks. Based upon the results of the background checks, the school district will determine whether an offer will be extended. If the candidate is a teacher who has an initial license from the BOEE, then the requirement for a background check is waived.
Advertisements and notices for vacancies within the district will contain the following statement: "The Gilmore City-Bradgate Community School District is an equal employment opportunity/affirmative action employer." The statement will also appear on application forms.
Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Gilmore City-Bradgate Community School District, Gilmore City, Iowa 50541; or by telephoning 515-373-6124.
Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights, U.S. Department of Education, 310 W. Wisconsin Ave., Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111 or the Iowa Civil Rights Commission, 211 E. Maple, Des Moines, Iowa, 50309, (515) 281-4121. This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.
Further information and copies of the procedures for filing a complaint are available in the school district's central administrative office and the administrative office in each attendance center.
Legal Reference: 29 U.S.C. §§ 621-634 (1994).
42 U.S.C. §§ 2000e et seq. (1994).
42 U.S.C. §§ 12101 et seq. (1994).
Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8 (2001).
281 I.A.C. 12.4; 95.
Cross Reference: 102 Equal Educational Opportunity
403.5 Harassment
405.2 Licensed Employee Qualifications, Recruitment, Selection
411.2 Classified Employee Qualifications, Recruitment, Selection
Approved 01-15-90
Reviewed 12-21-92; 11-17-03; 01-22-07; 11-17-08; 07-11-11; 04-06-16
Revised 01-19-93; 12-15-03; 12-15-08
401.2 - Employee Conflict of Interest
401.2 - Employee Conflict of InterestEmployees' use of their position with the school district for financial gain is considered a conflict of interest with their position as employees and may subject employees to disciplinary action.
Employees have access to information and a captive audience that could award the employee personal or financial gain. No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the superintendent. If the approval of the superintendent is given, the employee must conduct the solicitations within the conditions set by the superintendent. Further, the superintendent may, upon five days notice, require the employee to cease such solicitations as a condition of continued employment.
Employees will not act as an agent or dealer for the sale of textbooks or other school supply companies doing business with the school district. Employees will not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents. Employees will not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school district.
It will also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities. In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist will include, but not be limited to, any of the following:
(1) The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district's badge, uniform, business card or other evidences of office to give the employee or the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public. For purposes of this section, a person is not "similarly situated" merely by being related to an employee who is employed by the school district.
(2) The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district.
(3) The outside employment or activity is subject to the official control, inspection, review, audit or enforcement authority of the employee during the performance of the employee's duties.
If the outside employment or activity is employment or activity in (1) or (2) above, the employee must cease the employment of or activity. If the activity or employment falls under (3), then the employee must:
· Cease the outside employment or activity; or
· Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity. Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.
It is the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.
Legal Reference: Iowa Code §§ 20.7; 68B; 279.8; 301.28 (2001).
Cross Reference: 203 Board of Directors' Conflict of Interest
402.4 Gifts to Employees
402.6 Employee Outside Employment
404 Employee Conduct and Appearance
Approved 01-15-90
Reviewed 11-15-93; 11-17-03; 01-22-07; 09-22-09; 07-11-11; 04-06-16
Revised 12-20-93; 12-15-03; 10-22-09
401.3 - Nepotism
401.3 - NepotismMore than one family member may be an employee of the school district. It is within the discretion of the superintendent to allow one family member employed by the school district to supervise another family member employed by the school district.
The employment of more than one individual in a family is on the basis of their qualifications, credentials and records.
Legal Reference: Iowa Code §§ 20; 71; 277.27; 279.8 (2001).
Cross Reference: 405.2 Licensed Employee Qualifications, Recruitment Selection
411.2 Classified Employee Qualifications, Recruitment Selection
Approved Dec 2020
Reviewed Nov 2020
Revised 12-15-03
401.4 - Employee Complaints
401.4 - Employee ComplaintsComplaints of employees against fellow employees should be discussed directly between employees. If necessary, complaints will be brought directly to the immediate supervisor, principal or superintendent and will be made in a constructive and professional manner. Complaints will never be made in the presence of other employees, students or outside persons.
A formal grievance procedure is contained in the master contract between the employee's licensed bargaining unit and the board. This policy will not apply to a complaint that has been or could be filed at the employee's discretion under that formal grievance procedure.
Legal Reference: Iowa Code §§ 20.7, .9; 279.8 (2001).
Cross Reference: 307 Communication Channels
Approved 01-15-90
Reviewed 11-17-03; 01-22-07; 07-11-11; 04-06-16
Revised 12-15-03
401.5 - Employee Records
401.5 - Employee RecordsThe school district will maintain personnel records on employees. The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.
The records will include, but not be limited to, records necessary for the daily administration of the school district, salary records, evaluations, application for employment, references, and other items needed to carry out board policy. Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility. Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.
Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee. The school district may charge a reasonable fee for each copy made. However, employees will not be allowed access to the employment references written on behalf of the employee. Board members will generally only have access to an employee's file when it is necessary because of an employee related matter before the board.
It is the responsibility of the superintendent to keep employees' personnel files current. The board secretary-treasurer is the custodian of employee records.
It is the responsibility of the superintendent to develop administrative regulations for the implementation of this policy.
Legal Reference: Iowa Code chs. 20; 21; 22; 91B (2001).
Cross Reference: 402.1 Release of Credit Information
403 Employees' Health and Well-Being
708 Care, Maintenance and Disposal of School District Records
Approved 01-15-90
Reviewed 02-18-93; 11-15-93; 11-17-03; 01-22-07; 07-11-11; 04-06-16
Revised 03-18-93; 12-20-93; 12-15-03
401.5R1 - Employee Records Regulation
401.5R1 - Employee Records RegulationEmployee Personnel Records Content
1. Employee personnel records may contain the following information:
· Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.
· Individual employment contract.
· Evaluations.
· Application, resume and references.
· Salary information.
· Copy of the employee's license or certificate, if needed for the position.
· Educational transcripts.
· Assignment.
· Records of disciplinary matters.
2. Employee health and medical records are kept in a file separate from the employee's personnel records. Health and medical records may contain, but are not limited to:
· Medical professional signed physical form.
· Sick or long-term disability leave days.
· Worker's compensation claims.
· Reasonable accommodation made by the school district to accommodate the employee's disability.
· Employee's medical history.
· Employee emergency names and numbers.
· Family and medical leave request forms.
3. The following are considered public personnel records available for inspection:
- The name and compensation of the individual, including any written agreement establishing compensation or any other terms of employment, except for that information that is otherwise protected. “Compensation” includes the value of benefits conferred including, but not limited to: casualty, disability, life or health insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments, retirement benefits and deferred compensation;
- The dates the individual was employed by the government body;
- The positions the individual holds or has held with the government body;
- The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual’s previous employers, positions previously held and dates of previous employment;
- The fact that the individual was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal and statutory remedies; and,
- Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to the Family Educational Privacy Rights Act (FERPA.)
Applicant File Records Content
Records on applicants for positions with the school district are maintained in the central administration office. The records will include, but not be limited to:
· Application for employment.
· Resume.
· References.
· Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.
· Affirmative action form, if submitted.
Record Access
Only authorized school officials will have access to an employee's records without the written consent of the employee. Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary-treasurer. In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical file without the consent of the employee. Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of board business.
Employee Record Retention
All employee records, except payroll and salary records, are maintained for a minimum of seven years after termination of employment with the district. Applicant records are maintained for minimum of seven years after the position was filled. Payroll and salary records are maintained for a minimum of three years after payment.
401.7 - Employee Travel Compensation
401.7 - Employee Travel CompensationEmployees traveling on behalf of the school district and performing approved school district business will be reimbursed for their actual and necessary expenses. Actual and necessary travel expenses will include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses and registration costs.
Reimbursement for Meal Expenses are as follows:
In State: $9.00 breakfast, $14.00 lunch, $22.00 dinner. $45/day
Out of State: $11.00 breakfast, $16.00 lunch, $24.00 dinner. $51.00/day
Travel Outside the School District
Travel outside of the school district must be pre-approved. Pre-approval will include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business. Travel outside the school district by employees, other than the superintendent, is approved by the superintendent.
Reimbursement for actual and necessary expenses will be allowed for travel outside the school district if the employee received pre-approval for the travel. Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed receipt, 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 is maintained as part of the school district's record of the claim.
Failure to have a detailed receipt will make the expense a personal expense. Personal expenses, including mileage, in excess of that required for the trip are reimbursed by the employee to the school district no later than 10 working days following the date of the expense.
Reimbursement for actual and necessary expenses for travel outside the school district will be limited to the pre-approved expenses. Pre-approved expenses for registration are limited to the actual cost of the registration.
Pre-approved expenses for transportation within three-hundred miles of the school district administrative office will be by automobile. If a school district vehicle is not available, the employee will be reimbursed at the current state rate. Expenses for lodging must be pre-approved.
Travel Within the School District
Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position may be reimbursed at current state rate. It is the responsibility of the superintendent to approve travel within the school district by employees. It is the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.
The superintendent is responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment of school district vehicles. The administrative regulations will include the appropriate forms to be filed for reimbursement to the employee from the school district and the procedures for obtaining approval for travel outside of and within the school district.
Legal Reference: Iowa Constitution, Art. III, § 31.
Iowa Code §§ 70A.9-.11 (2001).
1980 Op. Att'y Gen. 512.
Cross Reference: 216.3 Board of Directors' Member Compensation and Expenses
401.6 Transporting of Students by Employees
401.10 Credit Cards
904.1 Transporting Students in Private Vehicles
Approved Dec 2020
Reviewed Nov 2020
Revised Nov 2020
401.8 - Recognition for Service of Employees
401.8 - Recognition for Service of EmployeesThe board recognizes and appreciates the service of its employees. Employees who retire or resign may be honored by the board, administration and staff in an appropriate manner.
If the form of honor thought appropriate by the administration and employees involves unusual expense to the school district, the superintendent will seek prior approval from the board.
Legal Reference: Iowa Const. Art. III, § 31.
Iowa Code § 279.8 (2001).
1980 Op. Att'y Gen. 102.
Cross Reference: 407 Licensed Employee Termination of Employment
413 Classified Employee Termination of Employment
Approved 01-15-90
Reviewed 11-17-03; 01-22-07; 07-11-11; 04-06-16
Revised 12-15-03
401.9 - Employee Political Activity
401.9 - Employee Political ActivityEmployees will not engage in political activity upon property under the jurisdiction of the board. Activities including, but not limited to, posting of political circulars or petitions, the distribution of political circulars or petitions, the collection of or solicitation for campaign funds, solicitation for campaign workers, and the use of students for writing or addressing political materials, or the distribution of such materials to or by students are specifically prohibited.
Violation of this policy may be grounds for disciplinary action.
Legal Reference: Iowa Code §§ 55; 279.8 (2001).
Cross Reference: 409.5 Licensed Employee Political Leave
414.5 Classified Employee Political Leave
Approved 01-15-90
Reviewed 11-17-03; 01-22-07; 07-11-11; 04-06-16
Revised 12-15-03
401.10 - Credit Cards
401.10 - Credit CardsEmployees may use school district credit cards for the actual and necessary expenses incurred in the performance of work-related duties. Actual and necessary expenses incurred in the performance of work-related duties include, but are not limited to, fuel for school district transportation vehicles used for transporting students to and from school and for school-sponsored events, payment of claims related to professional development of the board and employees, and other expenses required by employees and the board in the performance of their duties.
Employees and officers using a school district credit card must submit a detailed receipt in addition to a credit card receipt indicating the date, purpose and nature of the expense for each claim item. Failure to provide a proper receipt will make the employee responsible for expenses incurred. Those expenses are reimbursed to the school district no later than ten working days following use of the school district's credit card. In exceptional circumstances, the superintendent or board may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances is maintained as part of the school district's record of the claim.
The school district may maintain a school district credit card for actual and necessary expenses incurred by employees and officers in the performance of their duties. The superintendent may maintain a school district credit card for actual and necessary expenses incurred in the performance of the superintendent's duties. The transportation director may maintain a school district credit card for fueling school district transportation vehicles in accordance with board policy.
It is the responsibility of the superintendent to determine whether the school district credit card use is for appropriate school business. It is the responsibility of the board to determine through the audit and approval process of the board whether the school district credit card use by the superintendent and the board is for appropriate school business.
The superintendent is responsible for developing administrative regulations regarding actual and necessary expenses and use of a school district credit card. The administrative regulations will include the appropriate forms to be filed for obtaining a credit card.
Legal Reference: Iowa Constitution, Art. III, § 31.
Iowa Code §§ 279.8, .29, .30 (2001).
281 I.A.C. 12.3(1).
Cross Reference: 219.3 Board of Directors' Member Compensation and Expenses
401.7 Employee Travel Compensation
Approved 07-17-95
Reviewed 11-17-03; 01-22-07; 07-11-11; 04-06-16
Revised 12-15-03
401.11 - Employee Orientation
401.11 - Employee OrientationEmployees must know their role and duties. New employees may be required to participate in an orientation program for new employees. The employee's immediate supervisor should provide the new employee with a review of the employee's responsibilities and duties. Payroll procedures and employee benefit programs and accompanying forms will be explained to the employee by the superintendent. Regular employees ineligible for the school district's group health plan will be given information regarding where they can obtain health care or health care insurance.
Legal Reference: Iowa Code §§ 20; 279.8 (2001).
191 I.A.C. 74.
Cross Reference: 404 Employee Conduct and Appearance
406 Licensed Employee Compensation and Benefits
412 Classified Employee Compensation and Benefits
Approved 12-15-03
Reviewed 01-22-07; 07-11-11; 04-06-16
Revised
401.12 - Employee Use of Cell Phones
401.12 - Employee Use of Cell PhonesThe use of cell phones and other communication devices may be appropriate to provide for the effective and efficient operation of the School district and to help ensure safety and security of people and property while on School district property or engaged in school‑sponsored activities.
Employees may possess and use cell phones during the school day as outlined in this policy. Employees should not use cell phones for personal business while on-duty, including staff development times, parent-teacher conferences, etc., except in the case of an emergency or during prep time or break/lunch times. Employees, except for bus drivers, see below, are prohibited from using cell phones while driving except in the case of an emergency.
Cell phones are not to be used for conversations involving confidential information.
School bus drivers are prohibited from using any communication device while operating the bus except in the case of an emergency, or to call for assistance, after the vehicle has been stopped.
Employees violating the policy will be subject to discipline, up to and including, discharge. It is the responsibility of the superintendent to develop administrative regulations regarding this policy.
Legal References: Internal Revenue Comment Notice, 2009-46, http://www.irs.gov/irb/2009-23_IRB/ar07.html
Iowa Code § 279.8, 321.276 (2009)
Cross References: 406 Licensed Employee Compensation and Benefits
412 Classified Employee Compensation and Benefits
707.5 Internal Controls
Approved 10-20-10
Reviewed 07-11-11; 04-06-16
Revised
401.13 - Staff Technology Use
401.13 - Staff Technology UseComputers are a powerful and valuable education and research tool and, as such, are an important part of the instructional program. In addition, the school district depends upon computers as an integral part of administering and managing the schools’ resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies and materials. This policy outlines the board’s expectations in regard to these different aspects of the school district’s computer resources. Employees must conduct themselves in a manner that does not disrupt from or disrupt the educational process and failure to do so will result in discipline, up to and including, discharge.
General Provisions
The superintendent is responsible for designating technology coordinator who will oversee the use of school district computer resources. The technology coordinator will prepare in-service programs for the training and development of school district staff in computer skills, appropriate use of computers and for the incorporation of computer use in subject areas.
The superintendent, working with appropriate staff, shall establish regulations governing the use and security of the school district’s computer resources. The school district will make every reasonable effort to maintain the security of the system. All users of the school district’s computer resources, including students, staff and volunteers, shall comply with this policy and regulation, as well as others impacting the use of school equipment and facilities. Failure to comply may result in disciplinary action, up to and including discharge, as well as suspension and/or revocation of computer access privileges.
Usage of the school district’s computer resources is a privilege, not a right, and that use entails responsibility. All information on the school district’s computer system is considered a public record. Whether there is an exception to keep some narrow, specific content within the information confidential is determined on a case by case basis. Therefore, users of the school district’s computer network must not expect, nor does the school district guarantee, privacy for e-mail or use of the school district’s computer network including web sites visited. The school district reserves the right to access and view any material stored on school district equipment or any material used in conjunction with the school district’s computer network.
The superintendent, working with the appropriate staff, shall establish procedures governing management of computer records in order to exercise appropriate control over computer records, including financial, personnel and student information. The procedures will address:
- passwords,
- system administration,
- separation of duties,
- remote access,
- data back-up (including archiving of e-mail),
- record retention, and
- disaster recovery plans.
Social Networking or Other External Web Sites
For purposes of this policy any web site, other than the school district web site or school-school district sanctioned web sites, are considered external web sites. Employees shall not post confidential or proprietary information, including photographic images, about the school district, its employees, students, agents or others on any external web site without consent of the superintendent. The employee shall adhere to all applicable privacy and confidentiality policies adopted by the school district when on external web sites, failure to do so may result in suspension and/or termination. Employees shall not use the school district logos, images, iconography, etc. on external web sites. Employees shall not use school district time or property on external sites that are not in direct-relation to the employee’s job. Employees, students and volunteers need to realize that the Internet is not a closed system and anything posted on an external site may be viewed by others, all over the world. Employees, students and volunteers who don’t want school administrators to know their personal information, should refrain from exposing it on the Internet. Employees should not connect with students via external web sites without consent of the superintendent. Employees, who would like to start a social media site for school district sanctioned activities, should contact the superintendent.
The Gilmore City-Bradgate Community School District’s Facebook page is a place for you and other Gilmore City-Bradgate School fans to share stories and receive information. Gilmore City-Bradgate CSD is not responsible for the accuracy of information, opinions, claims or advice shared by our fans. We encourage collaboration, but please respect the community and its members.
Understand that Gilmore City-Bradgate Community School District reserves the right to remove postings that are:
- abusive, defamatory, or obscene;
- fraudulent, deceptive or misleading;
- in violation of any intellectual property right of another;
- in violation of any law regulation, or
- otherwise offensive, graphically or in tone.
Anyone repeatedly posting materials that falls into the above categories will be banned from participating.
It is the responsibility of the superintendent to develop administrative regulations implementing this policy.
Legal Reference: Iowa Code § 279.8 (2011).
281 I.A.C. 13.35, .26
Cross Reference: 104 Anti-Bullying/Harassment
306 Administrator Code of Ethics
401.11 Employee Orientation
407 Licensed Employee Termination of Employment
413 Classified Employee Termination of Employment
605 Instructional Materials
Approved 08-15-11
Reviewed 04-06-16; 02-14-18
Revised 02-14-18
401.13R1 - Staff Technology Use Regulation
401.13R1 - Staff Technology Use RegulationGeneral
The following rules and regulations govern the use of the school district's computer network system, employee access to the Internet, and management of computerized records:
- Employees will be issued a school district e-mail account. Passwords must be changed periodically.
- Each individual in whose name an access account is issued is responsible at all times for its proper use.
- Employees are expected to review their e-mail regularly throughout the day, and shall reply promptly to inquiries with information that the employee can reasonably be expected to provide.
- Communications with parents and/or students must be made on a school district computer, unless in the case of an emergency, and should be saved and the school district will archive the e-mail records according to procedures developed by the technology coordinator.
- Employees may access the Internet for education-related and/or work-related activities.
- Employees shall refrain from using computer resources for personal use, including access to social networking sites.
- Use of the school district computers and school e-mail address is a public record. Employees cannot have an expectation of privacy in the use of the school district’s computers.
- Use of computer resources in ways that violate the acceptable use and conduct regulation, outlined below, will be subject to discipline, up to and including discharge.
- Use of the school district’s computer network is a privilege, not a right. Inappropriate use may result in the suspension or revocation of that privilege.
- Off-site access to the school district computer network will be determined by the superintendent in conjunction with appropriate personnel.
- All network users are expected to abide by the generally accepted rules of network etiquette. This includes being polite and using only appropriate language. Abusive language, vulgarities and swear words are all inappropriate.
- Network users identifying a security problem on the school district's network must notify appropriate staff. Any network user identified as a security risk or having a history of violations of school district computer use guidelines may be denied access to the school district's network.
Prohibited Activity and Uses
The following is a list of prohibited activity for all employees concerning use of the school district's computer network. Any violation of these prohibitions may result in discipline, up to and including discharge, or other appropriate penalty, including suspension or revocation of a user's access to the network.
- Using the network for commercial activity, including advertising, or personal gain.
- Infringing on any copyrights or other intellectual property rights, including copying, installing, receiving, transmitting or making available any copyrighted software on the school district computer network.
- Using the network to receive, transmit or make available to others obscene, offensive, or sexually explicit material
- Using the network to receive, transmit or make available to others messages that are racist, sexist, and abusive or harassing to others.
- Use of another’s account or password.
- Attempting to read, delete, copy or modify the electronic mail (e-mail) of other system users.
- Forging or attempting to forge e-mail messages.
- Engaging in vandalism. Vandalism is defined as any malicious attempt to harm or destroy school district equipment or materials, data of another user of the school district’s network or of any of the entities or other networks that are connected to the Internet. This includes, but is not limited to, creating and/or placing a computer virus on the network.
- Using the network to send anonymous messages or files.
- Revealing the personal address, telephone number or other personal information of oneself or another person.
- Using the network for sending and/or receiving personal messages.
- Intentionally disrupting network traffic or crashing the network and connected systems.
- Installing personal software or using personal disks on the school district’s computers and/or network without the permission of the [insert title.]
- Using the network in a fashion inconsistent with directions from teachers and other staff and generally accepted network etiquette.
Other Technology Issues
Employees with personal cell phones should not be using the phones for school district business. Employees should contact students and their parents through the school district computer or phone unless in the case of an emergency or with prior consent of the principal. Employees should not release their cell phone number, personal e-mail address, etc. to students or their parents. Employees, who are coaches or sponsors of activities, may create a text list of students and parents in order to communicate more effectively as long as the texts go to all students and the principal is included in the text address list.
401.14 - Employee Expression
401.14 - Employee ExpressionThe board believes the district has an interest in maintaining an orderly and effective work environment while balancing employees First Amendment rights to freedom of expression and diverse viewpoints and beliefs. When employees speak within their official capacity, their expression represents the district and may be regulated. The First Amendment protects a public employee’s speech when the employee is speaking as an individual citizen on a matter of public concern. Even so, employee expression that has an adverse impact on district operations and/or negatively impacts an employee’s ability to perform their job for the district may still result in disciplinary action up to and including termination.
Employees will comply with Iowa law to the extent that compliance does not infringe on employees’ free speech rights.
Employees who use social media platforms are encouraged to remember that the school community may not be able to separate employees as private citizens, from their role within the district. Employee expression on social media platforms that interferes with the district's operations or prevents the district from functioning efficiently and effectively may be subject to discipline up to and including termination.
A district employee who acts to protect a student for engaging in free expression or who refuses to infringe on students engaging in free expression; and who is acting within the scope of their professional ethics will not be retaliated against or face any adverse employment action based on their behavior provided that expression is otherwise permitted by law and board policy.
If the board or court finds an employee that is subject to licensure, certification or authorization by the Board of Educational Examiners discriminated against a student or other co-employee, the board will refer the employee to the Board of Educational Examiners for additional proceedings as required by law and which may result in discipline up to and including termination.
Note: This is a mandatory policy required by Iowa Code ch. 279.73.
Legal Reference: U.S. Const. Amend. I
Kennedy v. Bremerton School District, 597 U.S. (2022)
Iowa Code §§ 279.73; 280.22
Cross Reference: 401.13 Staff Technology Use/Social Networking
401.13 R1 Staff Technology Use/Social Networking - Regulation
502.3 Student Expression and Student Publications Code
502.3R1 Student Expression and Student Publications Code Regulation
402 - Employees and Outside Relations
402 - Employees and Outside Relations dawn.gibson.cm… Sat, 08/19/2023 - 11:57402.1 - Release of Credit Information
402.1 - Release of Credit InformationThe following information will be released to an entity with whom an employee has applied for credit or has obtained credit: title of position, income, and number of years employed. This information will be released without prior written notice to the employee. Confidential information about the employee will be released to an inquiring creditor with a written authorization from the employee.
It is the responsibility of the board secretary-treasurer or superintendent to respond to inquiries from creditors.
Legal Reference: Iowa Code §§ 22.7; 279.8 (2001).
Cross Reference: 401.5 Employee Records
Approved 01-15-90
Reviewed 11-17-03; 01-22-07; 07-11-11; 04-06-16
Revised 12-15-03
402.2 - Child Abuse Reporting
402.2 - Child Abuse ReportingIn compliance with state law and to provide protection to victims of child abuse, the board believes incidents of alleged child abuse should be reported to the proper authorities. All licensed school employees, teachers, coaches and paraeducators are mandatory reporters as provided by law and are to report alleged incidents of child abuse they become aware of within the scope of their professional duties.
When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter shall make an oral report of the suspected child abuse to the Iowa Department of Human Services within 24 hours of becoming aware of the abusive incident and shall make a written report to the Iowa Department of Human Services within 48 hours following the oral report. If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency will also be notified.
Within six months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse and dependent adult abuse, or submit evidence they’ve taken the course within the previous three years. Once the training course has been taken, the certificate will remain valid for three years. Employees who have taken the two-hour training course will take the one-hour follow-up training course every three years and prior to the expiration of their certificate.
NOTE: All mandatory reporter training certificates issued prior to July 1, 2019 remain effective for five years. Once this certificate expires, subsequent training certificates will be valid for three years.
NOTE: For more information, please visit the “Report Abuse and Fraud” section of the Iowa Department of Human Services’ website, located at http://dhs.iowa.gov/report-abuse-and-fraud.
NOTE: Please remember there are two types of reporters identified in Iowa law: mandatory reporters and permissive reporters. Mandatory reporters are those individuals who are required by law to report suspected incidents of child abuse when they become aware of such incidents within the scope of their employment or professional responsibilities. Permissive reporters are not required by law to report abuse, but may choose to report to the Iowa Department of Human Services. While all licensed school employees, teachers, coaches and paraeducators are mandatory reporters within the scope of their profession, they are considered permissive reporters outside the scope of their profession.
Legal Reference: Iowa Code §§ 232.67-.77; 232A; 235A; 280.17 (2001).
441 I.A.C. 9.2; 155; 175.
1982 Op. Att'y Gen. 390, 417.
1980 Op. Att'y Gen. 275.
Cross Reference: 402.3 Abuse of Students by School District Employees
502.9 Interviews of Students by Outside Agencies
507 Student Health and Well-Being
Approved 01-15-90
Reviewed 11-17-03; 01-22-07; 07-11-11; 04-06-16
Revised 12-15-03; 12-12-22
402.2R1 - Child Abuse Reporting Regulations
402.2R1 - Child Abuse Reporting RegulationsIowa law requires licensed employees to report to the Iowa Department of Human Services (DHS) instances of suspected child abuse which they become aware of within the scope of their professional duties.
The law further specifies that a licensed employee who knowingly or willfully fails to report a suspected case of child abuse is guilty of a simple misdemeanor and that the licensed employee may be subject to civil liability for damages caused by the failure to report.
Employees participating in good faith in the making of a report or in a judicial proceeding that may result from the report, are immune from liability.
Child Abuse Defined
"Child abuse" is defined as:
- Any mental injury to a child’s intellectual or psychological capacities evidenced by an observable and substantial impairment in the child’s ability to function within the child’s normal range of performance and behavior as the result of the acts or omissions of a person responsible for the care of the child, if the impairment is diagnosed by a licensed physician or qualified mental health professional
- An illegal drug is present in a child’s body as a direct and foreseeable consequence of the acts of omissions of the person responsible for the care of the child.
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, are required to report, either orally or in writing, within twenty-four hours to the Iowa Department of Human Services (DHS) when the employee reasonably believes a child has suffered from abuse within the scope of employment. Within forty-eight hours of an oral report, a written report must be filed with DHS.
Each report should contain as much of the following information as can be obtained within the time limit. However, the law specifies a report will be considered valid even if it does not contain all of the following information:
Board policy states it is not the responsibility of employees to prove that a child has been abused or neglected. Employees should not take it upon themselves to investigate the case or contact the family of the child. DHS is responsible for investigating the incident of alleged abuse.
402.3 - Abuse of Students by School District Employees
402.3 - Abuse of Students by School District EmployeesPhysical or sexual abuse of students, including inappropriate and intentional sexual behavior, by employees will not be tolerated. The definition of employees for the purpose of this policy includes not only those who work for pay but also those who are volunteers of the school district under the direction and control of the school district. Employees found in violation of this policy will be subject to disciplinary action up to and including discharge.
The school district will respond promptly to allegations of abuse of students by school district employees by investigating or arranging for the investigation of an allegation. The processing of a complaint or allegation will be handled confidentially to the maximum extent possible. Employees are required to assist in the investigation when requested to provide information and to maintain the confidentiality of the reporting and investigation process.
The school district has appointed a Level I investigator and alternate Level I investigator. The school district has also arranged for a trained, experienced professional to serve as the Level II investigator. The Level I investigator and alternate will be provided training in the conducting of an investigation at the expense of the school district. The names of the investigators are listed in the student handbook, published annually in the local newspaper and posted in all school facilities.
The superintendent is responsible for drafting administrative regulations to implement this policy.
Legal Reference: Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1) (2001).
281 I.A.C. 12.3(6), 102; 103.
441 I.A.C. 155; 175.
1980 Op. Att'y Gen. 275.
Cross Reference: 402.2 Child Abuse Reporting
403.5 Harassment
503.5 Corporal Punishment
Approved 12-15-03
Reviewed 01-22-07; 07-11-11; 04-06-16
Revised
402.3E1 - Complaint of Injury to or Abuse of a Student by a School District Employee
402.3E1 - Complaint of Injury to or Abuse of a Student by a School District EmployeePlease complete the following as fully as possible. If you need assistance, contact the Level I investigator in your school.
Student's name and address: _____________________________________________________________________
_____________________________________________________________________________________________
Student's telephone no.: ______________________________________
Student's school: ____________________________________________
Name and place of employment of employee accused of abusing student:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
Allegation is of ______________ Physical abuse ______________ sexual abuse* ______________
Please describe what happened. Include the date, time and where the incident took place, if known. If physical abuse is alleged, also state the nature of the student's injury:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
Were there any witnesses to the incident or are there students or persons who may have information about this incident? yes no
If yes, please list by name, if known, or classification (for example "third grade class," "fourth period geometry class"):
_____________________________________________________________________________________________
*Parents of children who are in pre-kindergarten through sixth grade and whose children are the alleged victims of or witnesses to sexual abuse have the right to see and hear any interviews of their children in this investigation. Please indicate "yes" if the parent/guardian wishes to exercise this right:
Yes No Telephone Number
Has any professional person examined or treated the student as a result of the incident? yes no unknown
If yes, please provide the name and address of the professional(s) and the date(s) of examination or treatment, if known
_____________________________________________________________________________________________
_____________________________________________________________________________________________
Has anyone contacted law enforcement about this incident? yes no
Please provide any additional information you have which would be helpful to the investigator. Attach additional pages if needed.
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
Your name, address and telephone number:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
Relationship to student: ____________________________________________
___________________________________________ ________________________________________________
Complainant Signature Witness Signature
___________________________________________ ________________________________________________
Date Witness Name (please print)
________________________________________________
Witness Address
Be advised that you have the right to contact the police or sheriff's office, the county attorney, a private attorney, or the State Board of Educational Examiners (if the accused is a licensed employee) for investigation of this incident. The filing of this report does not deny you that opportunity.
You will receive a copy of this report (if you are the named student's parent or guardian) and a copy of the Investigator's Report within fifteen calendar days of filing this report unless the investigation is turned over to law enforcement.
402.3E2 - Report of Level I Investigation Form
402.3E2 - Report of Level I Investigation FormStudent's name: _____________________________________________________________________________________________
Student's age: _______________ Student's grade: ________________________
Student's address: ____________________________________________________________________________________________
Student's school: _____________________________________________________________________________________________
Name of accused school employee: _______________________________________ Building: _______________________________
Name and address of person filing report:
_____________________________________________________________________________________________________________
Name and address of student's parent or guardian, if different from person filing report:
_____________________________________________________________________________________________________________
Date report of abuse was filed: __________________ __________________ __________________
Allegation is of ______________Physical abuse ______________sexual abuse*
Describe the nature, extent and cause of the student's injury, if any and if known: (Attach additional pages if needed).
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
Describe your investigation: Attach additional pages if needed. (Please do not use student witnesses' full names.)
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
*Were parent(s) or guardian(s) advised of their right to see and hear any interview of their pre-kindergarten through sixth grade children who are alleged victims of or a witness in a sexual abuse investigation?
Yes No Was the right exercised? Yes No
Were audio tapes made of any interviews? yes no
Were video tapes made of any interviews? yes no
Was any action taken to protect the student during or as a result of the investigation? yes no
If yes, describe:
student excused from school school employee placed on leave
student assigned to different class other (please specify)
Level I investigator's conclusions:
The complaint is being dismissed for lack of jurisdiction.
Physical abuse was alleged, but no allegation of injury was made.
Physical abuse was alleged, but no evidence of physical injury exists and the nature of the alleged incident makes it unlikely an injury, as defined in the rules, occurred.
Sexual abuse was alleged, but the alleged actions of the school employee, even if true, would not meet the definition of sexual abuse in the rules.
Alleged victim was not a student at the time of the incident.
Alleged school employee is not currently employed by this school district.
Alleged incident did not occur on school grounds, on school time, at a school-sponsored activity, nor in a school-related context.
The complaint has been investigated and concluded at Level I as unfounded.
Complaint was withdrawn.
Insufficient evidence exists that an incident of abuse, as defined in the rules, took place.
The complaint has been investigated at Level I and is founded.
The investigation is founded at Level I and is being turned over to Level II for further investigation.
Investigation of the complaint was deferred at Level I and referred to law enforcement at this time.
The investigation is concluded at Level I because the accused school employee has admitted the violation, has resigned, or has agreed to relinquish any teaching license held.
Current status of investigation:
Closed. No further investigation is warranted.
Closed and referred to school officials for further investigation as a personnel matter.
Deferred to law enforcement officials.
Turned over to Level II investigator.
Other comments:
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
I have given a copy of the report of abuse and of this investigative report to the employee named in the report, the employee's supervisor, and the student's parent or guardian and informed the person filing the report of the options of contacting law enforcement, private counsel, or the State Board of Educational Examiners, if the accused school employee holds an Iowa teacher's certificate or license.
____________________________________________ _____________________________________________
Name of investigator (please print)\ Investigator's place of employment
____________________________________________ _____________________________________________
Signature of investigator Date
402.3R1 - Abuse of Students by School District Employees Regulation
402.3R1 - Abuse of Students by School District Employees RegulationAn individual who has knowledge an employee has physically or sexually abused a student may immediately report it to superintendent who is the school district's Level I investigator. "Employee" means one who works for pay or as a volunteer under the direction and control of the school district. The report is written, signed and witnessed by a person of majority age. The witness may be the Level I investigator. The reporter is the individual filing the report. The report will contain the following:
· The full name, address, and telephone number of the person filing.
· The full name, age, address, and telephone number, and attendance center of the student.
· The name and place of employment of the employee who allegedly committed the abuse.
· A concise statement of the facts surrounding the incident, including date, time, and place of occurrence, if known.
· A list of possible witnesses by name, if known.
· Names and locations of persons who examined, counseled or treated the student for the alleged abuse, including the dates on which those services were provided, if known.
Upon request, the Level I investigator may assist the reporter in completing the report. An incomplete report will not be rejected unless the missing information would render the investigation futile or impossible. An employee receiving a report of alleged abuse of a student by an employee will pass the report to the investigator and will keep the report confidential to the maximum extent possible. In performing the investigation, the investigator will have access to the educational records of the alleged student victim as well as access to the student for interviewing purposes.
In order for the school district to have jurisdiction over the acts and to constitute a violation of the law, acts of the employee must be alleged to have occurred on school grounds, on school time, at a school-sponsored activity, or in a school-related context. However, the student need not be a student in the school district. The student can be from another school district. To be investigable, the written report must include basic information showing that the victim of the alleged abuse is or was a student at the time of the incident, that the alleged act of the employee resulted in injury or otherwise meets the definition of abuse in these rules, and that the person responsible for the act is currently an employee. If the report is not investigable due to lack of jurisdiction, the investigator will dismiss the complaint and inform the reporter of other options available. Other options available to the reporter include contacting law enforcement authorities, private counsel, or the Board of Educational Examiners in the case of a licensed employee.
If the Level I investigator believes the student is in imminent danger if continued contact is permitted between the employee and the student, the Level I investigator may:
· temporarily remove the student from contact with the employee;
· temporarily remove the employee from service; or,
· take other appropriate action to ensure the student's safety.
The Level I investigator will have access to the educational records of the student and access to the student for purposes of interviewing the student about the report.
Physical Abuse Allegations
When physical abuse is reported, the Level I investigator will make copies of the report and give a copy to the person filing the report, the students' parents and the immediate supervisor of the employee named in the report. The employee named in the report will not receive a copy of the report until the employee is initially interviewed.
The Level I investigator will use discretion in handling the information received regarding an investigation of abuse by an employee, and those persons involved in the investigation will not discuss information regarding the complaint outside the investigation. The entire investigative procedure will be thoroughly explained, including the confidential nature of the proceedings, to the student and other persons involved in the investigation.
Within five days of receipt of an investigable report, the Level I investigator will complete an informal investigation. The informal investigation will consist of interviews with the student, the employee and others who may have knowledge of the alleged incident. If the Level I investigator determines that the allegations in the report are founded and that immediate and professional investigation is necessary, the Level I investigator may defer further investigation and contact appropriate law enforcement officials, the student's parents and the person filing the report. Within fifteen days of receipt of the report, the Level I investigator will complete a written investigative report, unless the investigation was temporarily deferred.
The written investigative report will include:
1. The name, age, address and attendance center of the student named in the report.
2. The name and address of the student's parent or guardian and the name and address of the person filing the report, if different from the student's parent or guardian.
3. The name and work address of the employee named in the report as allegedly responsible for the abuse of the student.
4. An identification of the nature, extent and cause, if known, of any injuries or abuse to the student named in the report.
5. A general review of the investigation.
6. Any actions taken for the protection and safety of the student.
7. A statement that, in the investigator's opinion, the allegations in the report are either:
· Unfounded. (It is not likely that an incident, as defined in these rules, took place), or
· Founded. (It is likely that an incident took place.)
8. The disposition or current status of the investigation.
9. A listing of the options available to the parents or guardian of the student to pursue the allegations. These options include, but are not limited to:
· Contacting law enforcement officials.
· Contacting private counsel for the purpose of filing a civil suit or complaint.
· Filing a complaint with the board of educational examiners if the employee is a licensed employee.
The investigator will retain the original and provide a copy of the written investigative report to the school employee named in the report, the employee's supervisor and the student's parent or guardian. The person filing the report, if not the student's parent or guardian, is notified only that the Level I investigation has been concluded and of the disposition or anticipated disposition of the case.
It is the responsibility of the Level I investigator to determine whether it is more likely than not that an incident of abuse as defined in the rules took place between the student and employee. The Level I investigator does not make the determination of whether the use of physical contact was appropriate or whether any of the exceptions apply. That is the responsibility of the Level II investigator. Upon completion of the report, if the Level I investigator determines the allegations of physical abuse are founded and serious, the Level I investigator will notify law enforcement authorities. If the allegations are founded but the physical abuse is not of a serious nature, the Level I investigator will refer the case on to Humboldt County Sheriff , the Level II investigator.
The Level II investigator will review the Level I investigator's final investigative report and conduct further investigation. The Level II investigative report will state the conclusion as to the occurrence of the alleged incident, the applicability of exceptions, the reason for the contact or force used, and recommendations regarding the need for further investigation. In determining the applicability of the exceptions or the reasonableness of the contact or force used, the Level II investigator will use the following definitions:
Physical abuse is non-accidental physical injury to the student as a result of the action of an employee. Injury occurs when evidence of it is still apparent at least twenty-four hours after its occurrence. The following do not constitute physical abuse, and no employee is prohibited from:
a. Using reasonable and necessary force, not designed or intended to cause pain:
(1) To quell a disturbance or prevent an act that threatens physical harm to any person.
(2) To obtain possession of a weapon or other dangerous object within a pupil's control.
(3) For the purposes of self-defense of defense of others as provided for in Iowa Code § 704.3.
(4) For the protection of property as provided for in Iowa Code §§ 704.4, .5.
(5) To remove a disruptive pupil from class, or any area of school premises or from school-sponsored activities off school premises.
(6) To prevent a student from the self-infliction of harm.
(7) To protect the safety of others.
b. Using incidental, minor, or reasonable physical contact to maintain order and control.
In determining the reasonableness of the contact or force used, the following factors are considered:
a. The nature of the misconduct of the student, if any, precipitating the physical contact by the school employee.
b. The size and physical condition of the student.
c. The instrumentality used in making the physical contact.
d. The motivation of the school employee in initiating the physical contact.
e. The extent of injury to the student resulting from the physical contact.
"Reasonable force" is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat.
Upon completion of the Level II investigation, the Level I investigator will forward copies of the Level II investigative report to the employee, the employee's immediate supervisor and the student's parent. The Level I investigator will notify the person filing the report of the current status of the case.
If the Level II investigator's report or law enforcement officials conclude abuse occurred, or the employee admits the violation, or the employee has surrendered the employee's certificate or license, the Level I investigator will file a complaint with the State Board of Educational Examiners. The Level I investigator will also arrange for counseling services for the student if the student or student's parents request counseling services.
Sexual Abuse
Sexual abuse is defined as including sexual acts involving a student, acts that encourage the student to engage in prostitution, as well as inappropriate, intentional sexual behavior or sexual harassment by the employee toward a student. "Sexual harassment" is defined as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when:
1. Submission to the conduct is made either implicitly or explicitly a term or condition of the student's education or benefits;
2. Submission to or rejection of the conduct is used as the basis for academic decisions affecting that student; or
3. The conduct has the purpose or effect of substantially interfering with a student's academic performance by creating an intimidating, hostile or offensive education environment.
When sexual abuse is reported, the Level I investigator will make copies of the report and give a copy to the person filing the report, the students' parents and the immediate supervisor of the employee named in the report. The employee named in the report will not receive a copy of the report until the employee is initially interviewed. The designated investigator will not interview the school employee named in a report of sexual abuse until after a determination is made that jurisdiction exists, the alleged victim has been interviewed and a determination made that the investigation will not be deferred.
The investigator will notify the parent, guardian or legal custodian of a student in prekindergarten through grade six, of the date and time of the interview and of the right to be present or to see and hear the interview or send a representative in the parent's place. The Level I investigator will interview the student as soon as possible, but in no case later than five days from the receipt of a report or notice of the allegation of sexual abuse. The Level I investigator may record the interview electronically.
The Level I investigator will exercise discretion in the investigative process to preserve the privacy interests of the individuals involved. To the maximum extent possible, the investigator will maintain the confidentiality of the report.
It is the responsibility of the Level I investigator to determine whether it is more likely than not that an incident took place between the employee and the student. If the Level I investigator believes the employee committed a sex act with a student or sexually exploited a student, the Level I investigator will defer the Level I investigation and immediately notify law enforcement officials, the student's parents and the person filing the report.
If the Level I investigator determines an incident occurred, while not an illegal sex act with a student or sexual exploitation of a student, but where the employee engaged in inappropriate, intentional sexual behavior, further investigation is warranted. If further investigation is warranted, the Level I investigator may proceed to interview the employee and other individuals who may have knowledge of the circumstances contained in the report. Prior to interviewing other individuals who may have knowledge of the circumstance contained in the report, the Level I investigator will provide notice of the impending interview of student witnesses or the student who is in prekindergarten through grade six, to their parent, guardian, or legal custodian, and may provide notice to the parent or guardian of older students, prior to interviewing those students. The Level I investigator shall, if founded, arrange for the Level II investigator to further investigate the allegations.
Within fifteen days of receipt of the report or notice of alleged sexual abuse, the Level I investigator will complete a written investigative report unless the investigation was temporarily deferred. The written investigative report will include:
1. The name, age, address and attendance center of the student named in the report.
2. The name and address of the student's parent or guardian and the name and address of the person filing the report, if different from the student's parent or guardian.
3. The name and work address of the school employee named in the report as allegedly responsible for the abuse of the student.
4. An identification of the nature, extent and cause, if known, of any injuries or abuse to the student named in the report.
5. A general review of the investigation.
6. Any actions taken for the protection and safety of the student.
7. A statement that, in the investigator's opinion, the allegations in the report are either:
· Unfounded. (It is not likely that an incident, as defined in these rules, took place), or
· Founded. (It is likely that an incident took place.)
8. The disposition or current status of the investigation.
9. A listing of the options available to the parents or guardian of the student to pursue the allegations. These options include, but are not limited to:
· Contacting law enforcement officials.
· Contacting private counsel for the purpose of filing a civil suit or complaint.
· Filing a complaint with the board of educational examiners if the school employee is certificated.
The investigator will retain the original and provide a copy of the investigative report to the school employee named in the report, the school employee's supervisor and the named student's parent or guardian. The person filing the report, if not the student's parent or guardian, is notified only that the Level I investigation has been concluded and of the disposition or anticipated disposition of the case.
If the allegations are founded, the Level I investigation will refer the case to the Level II investigator. The Level II investigator will review the Level I investigator's final investigative report and conduct further investigation if necessary. The Level II investigative report will state conclusively as to the occurrence of the alleged incident, conclusively as to the nature of the sexual abuse and recommendations regarding the need for further investigation. Upon completion of the Level II investigation, the Level I investigator will forward copies of the Level II investigative report to the employee, the employee's immediate supervisor and the student's parent. The Level I investigator will notify the person filing the report of the current status of the case.
If the Level II investigator's report or law enforcement officials conclude sexual abuse occurred, or the employee admits the violation, or the employee has surrendered the employee's certificate or license, the Level I investigator will file a complaint on behalf of the district after obtaining the superintendent's signature with the State Board of Educational Examiners. The Level I investigator will also arrange for counseling services for the student if the student or student's parents request counseling services.
In cases involving founded physical or sexual abuse by a licensed employee, the board will notify the Board of Educational Examiners. Information of unfounded abuse at Level I or Level II will not be kept in the employee's personnel file. If the Level I investigative report is founded but Level II is unfounded, then the Level I report is removed from the employee's permanent file.
It is the responsibility of the board to annually identify a Level I and Level II investigator. The board will also designate annually an alternate Level I investigator, preferably of the opposite sex of the designated Level I investigator, to whom reports may also be made. The names and telephone numbers of the Level I investigator and the alternate Level I investigator is included in employee handbooks, student handbooks, annually published in the local newspaper, and prominently displayed in all school buildings.
402.4 - Gifts To Employees
402.4 - Gifts To EmployeesEmployees may receive a gift on behalf of the school district. Employees will not, either directly or indirectly, solicit, accept or receive any gift, series of gifts or an honorarium unless the donor does not meet the definition of "restricted donor" stated below or the gift or honorarium does not meet the definition of gift or honorarium stated below.
A "restricted donor" is defined as a person or other entity which:
· Is seeking to be, or is a party to, any one or any combination of sales, purchases, leases or contracts to, from or with the school district;
· Will be directly and substantially affected financially by the performance or nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or
· Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.
A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received. However, "gift" does not include any of the following:
· Contributions to a candidate or a candidate's committee;
· Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;
· Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
· An inheritance;
· Anything available or distributed to the general public free of charge without regard to the official status of the employee;
· Items received from a charitable, professional, educational or business organization to which the employee belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;
· Actual expenses of an employee for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
· Plaques or items of negligible resale value given as recognition for public service;
· Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;
· Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;
· Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
· 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 the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or
· Gifts other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee.
· Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions. The costs of food, drink, lodging and travel are not "registration costs" under this paragraph. Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.
An "honorarium" is anything of value that is accepted by, or on behalf of, an employee as consideration for an appearance, speech or article. An honorarium does not include any of the following:
· Actual expenses of an employee for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
· A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or
· A payment made to an employee for services rendered as part of a private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee of the district, but, rather, because of some special expertise or other qualification.
It is the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.
Legal References: Iowa Code ch. 68B (2001).
1972 Op. Att'y Gen. 276.
1970 Op. Att'y Gen. 319.
Cross References: 217 Gifts to Board of Directors
401.2 Employee Conflict of Interest
704.4 Gifts-Grants-Bequests
Approved 01-15-90
Reviewed 12-21-92; 10-17-94; 11-17-03; 01-22-07; 07-11-11; 04-06-16
Revised 01-19-93; 11-21-94; 12-15-03
402.5 - Public Complaints About Employees
402.5 - Public Complaints About EmployeesThe board recognizes situations may arise in the operation of the school district which are of concern to parents and other members of the school district community. While constructive criticism is welcomed, the board desires to support its employees and their actions to free them from unnecessary, spiteful, or negative criticism and complaints that do not offer advice for improvement or change.
The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern. Whenever a complaint or concern is brought to the attention of the board it will be referred to the administration to be resolved. Prior to board action however, the following should be completed:
(a) Matters 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 for licensed employees and the superintendent for classified employees.
(c) Unsettled matters regarding licensed employees from (b) above or problems and questions concerning the school district should be directed to the superintendent.
(d) If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board. To bring a concern regarding an employee, the individual may notify the board president in writing, who may bring it to the attention of the entire board, or the item may be placed on the board agenda of a regularly scheduled board meeting in accordance with board policy 214.1.
It is within the discretion of the board to address complaints from the members of the school district community, and the board will only do so if they are in writing, signed, and the complainant has complied with this policy.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 210.8 Board Meeting Agenda
213 Public Participation in Board Meetings
307 Communication Channels
Approved 01-15-90
Reviewed 03-16-92; 04-11-96; 11-17-03; 01-22-07; 07-11-11; 04-06-16
Revised 04-20-92; 05-20-96; 12-15-03
402.6 - Employee Outside Employment
402.6 - Employee Outside EmploymentThe board believes the primary responsibility of employees is to the duties of their position within the school district as outlined in their job description. The board considers an employee's duties as part of a regular, full-time position as full-time employment. The board expects such employees to give the responsibilities of their positions in the school district precedence over any other employment.
It is the responsibility of the superintendent to counsel employees, whether full-time or part-time, if, in the judgment of the superintendent and the employee's immediate supervisor, the employee's outside employment interferes with the performance of the employee's duties required in the employee's position within the school district.
The board may request the employee to cease the outside employment as a condition of continued employment with the school district.
Legal Reference: Iowa Code §§ 20.7; 279.8 (2001).
Cross Reference: 401.2 Employee Conflict of Interest
408.3 Licensed Employee Tutoring
Approved 01-15-90
Reviewed 11-17-03; 01-22-07; 07-11-11; 04-06-16
Revised 12-15-03
403 - Employee Health and Well Being
403 - Employee Health and Well Being dawn.gibson.cm… Mon, 08/21/2023 - 15:44403.1 - Employee Physical Examinations
403.1 - Employee Physical ExaminationsGood health is important to job performance. Employees will present evidence of good health, in the form of a physical examination report, prior to their employment with the school district.
School bus drivers will present evidence of good health every other year in the form of a physical examination report unless otherwise required by law or medical opinion. Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations, 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 the duties for which the employee was hired must be returned prior to payment of salary. The cost of bus driver renewal physicals will be paid by the school district up to a maximum of one hundred twenty-five dollars ($125.00). The school district will provide the standard examination form to be completed by the personal physician of the employee. Employees identified as having reasonably anticipated contact with blood or infectious materials will receive the Hepatitis B vaccine or sign a written waiver stating that they will not take the vaccine.
It is the responsibility of the superintendent to write an exposure control plan to eliminate or minimize district occupational exposure to bloodborne pathogens. The plan for designated employees will include, but not be limited to, scope and application, definitions, exposure control, methods of compliance, Hepatitis B vaccination and post-exposure evaluation and follow-up, communication of hazards to employees, and record keeping.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding physical examinations of such employees is followed.
Legal Reference: 29 C.F.R. Pt. 1910.1030 (1999).
Iowa Code §§ 20.9; 279.8 (2001).
281 I.A.C. 12.4(14); 43.15 -.20.
Cross Reference: 403 Employees' Health and Well-Being
Approved 01-15-90
Reviewed 07-21-00; 11-17-03; 02-19-07; 05-16-11; 07-11-11; 04-06-16; 11-13-17
Revised 08-21-00; 12-15-03; 03-19-07; 06-20-11; 11-13-17
403.2 - Employee Injury on the Job
403.2 - Employee Injury on the JobWhen an employee becomes seriously injured on the job, the building principal will notify a member of the family, or an individual of close relationship, as soon as the building principal becomes aware of the injury.
If possible, an employee may administer emergency or minor first aid. An injured employee will be turned over to the care of the employee's family or qualified medical employees as quickly as possible. The school district is not responsible for medical treatment of an injured employee.
It is the responsibility of the employee injured on the job to inform the superintendent within twenty-four hours of the occurrence. It is the responsibility of the employee's immediate supervisor to file an accident report within twenty-four hours after the employee reported the injury.
It is the responsibility of the employee to file claims, such as workers' compensation, through the board secretary-treasurer.
Legal Reference: Iowa Code §§ 85; 279.40; 613.17 (2001).
1972 Op. Att'y Gen. 177.
Cross Reference: 403 Employees' Health and Well-Being
409.2 Licensed Employee Personal Illness Leave
414.2 Classified Employee Personal Illness Leave
Approved 01-15-90
Reviewed 06-15-92; 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 07-20-92; 12-15-03
403.3 - Communicable Diseases - Employees
403.3 - Communicable Diseases - EmployeesEmployees with a communicable disease will be allowed to perform their customary employment duties provided they are able to perform the essential functions of their position and their presence does not create a substantial risk of illness or transmission to students or other employees. The term "communicable disease" will mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.
Prevention and control of communicable diseases is included in the school district's bloodborne pathogens exposure control plan. The procedures will include scope and application, definitions, exposure control, methods of compliance, universal precautions, vaccination, post-exposure evaluation, follow-up, communication of hazards to employees and record keeping. This plan is reviewed annually by the superintendent and school nurse.
The health risk to immunodepressed employees is determined by their personal physician. The health risk to others in the school district environment from the presence of an employee with a communicable disease is determined on a case-by-case basis by the employee's personal physician, a physician chosen by the school district or public health officials.
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 will report the condition to the Superintendent any time the employee is aware that the disease actively creates such risk.
Health data of an employee is confidential and it will not be disclosed to third parties. Employee medical records are kept in a file separate from their personal file.
It is the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with employees with a communicable disease.
Legal Reference: School Board of Nassau County v. Arline, 480 U.S. 273 (1987).
29 U.S.C. §§ 794, 1910 (1994).
42 U.S.C. §§ 12101 et seq. (1994).
45 C.F.R. Pt. 84.3 (1999).
Iowa Code chs. 139; 141 (2001).
641 I.A.C. 1.2-.7.
Cross Reference: 401.5 Employee Records
403.1 Employee Physical Examinations
507.3 Communicable Diseases - Students
Approved 1-15-90
Reviewed 10-17-94; 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 11-21-94; 12-15-03
403.3E1 - Hepatitis B Vaccine Information and Record
403.3E1 - Hepatitis B Vaccine Information and RecordThe Disease
Hepatitis B is a viral infection caused by the Hepatitis B virus (HBV) which causes death in 1-2% of those infected. Most people with HBV recover completely, but approximately 5-10% become chronic carriers of the virus. Most of these people have no symptoms, but can continue to transmit the disease to others. Some may develop chronic active hepatitis and cirrhosis. HBV may be a causative factor in the development of liver cancer. Immunization against HBV can prevent acute hepatitis and its complications.
The Vaccine
The HBV vaccine is produced from yeast cells. It has been extensively tested for safety and effectiveness in large scale clinical trials.
Approximately 90 percent of healthy people who receive two doses of the vaccine and a third dose as a booster achieve high levels of surface antibody (anti-HBs) and protection against the virus. The HBV vaccine is recommended for workers with potential for contact with blood or body fluids. Full immunization requires three doses of the vaccine over a six-month period, although some persons may not develop immunity even after three doses.
There is no evidence that the vaccine has ever caused Hepatitis B. However, persons who have been infected with HBV prior to receiving the vaccine may go on to develop clinical hepatitis in spite of immunization.
Dosage and Administration
The vaccine is given in three intramuscular doses in the deltoid muscle. Two initial doses are given one month apart and the third dose is given six months after the first.
Possible Vaccine Side Effects
The incidence of side effects is very low. No serious side effects have been reported with the vaccine. Ten to 20 percent of persons experience tenderness and redness at the site of injection and low grade fever. Rash, nausea, joint pain, and mild fatigue have also been reported. The possibility exists that other side effects may be identified with more extensive use.
CONSENT OF HEPATITIS B VACCINATION
I have knowledge of Hepatitis B and the Hepatitis B vaccination. I have had an opportunity to ask questions of a qualified nurse or physician and understand the benefits and risks of Hepatitis B vaccination. I understand that I must have three doses of the vaccine to obtain immunity. However, as with all medical treatment, there is no guarantee that I will become immune or that I will not experience side effects from the vaccine. I give my consent to be vaccinated for Hepatitis B.
_____________________________________________________________ ______________________
Signature of Employee (consent for Hepatitis B vaccination) Date
_____________________________________________________________ ______________________
Signature of Witness Date
REFUSAL OF HEPATITIS B VACCINATION
I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring the Hepatitis B virus infection. I have been given the opportunity to be vaccinated with Hepatitis B vaccine at no charge to myself. However, I decline the Hepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring Hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with the Hepatitis B vaccine, I can receive the vaccination series at no charge to me.
_____________________________________________________________ ______________________
Signature of Employee (refusal for Hepatitis B vaccination) Date
_____________________________________________________________ ______________________
Signature of Witness Date
I refuse because I believe I have (check one)
started the series completed the series
RELEASE FOR HEPATITIS B MEDICAL INFORMATION
I hereby authorize (individual or organization holding Hepatitis B records and address) to release to the Gilmore City-Bradgate Community School District, my Hepatitis B vaccination records for required employee records.
I hereby authorize release of my Hepatitis B status to a health care provider, in the event of an exposure incident.
_____________________________________________________________ ______________________
Signature of Employee Date
_____________________________________________________________ ______________________
Signature of Witness Date
CONFIDENTIAL RECORD
_________________________________________________ _____________________________________
Employee Name (last, first, middle) Social Security No.
Job Title:____________________________________________________________________________________________
Hepatitis B Vaccination Date Lot Number Site Administered By
1. _________________________________ ______________________ __________________ ______________________
2. _________________________________ ______________________ __________________ ______________________
3. _________________________________ ______________________ __________________ ______________________
Additional Hepatitis B status information:
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
Post-exposure incident: (Date, time, circumstances, route under which exposure occurred)
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
Identification and documentation of source individual:
_______________________________________________________________________________________________________
Source blood testing consent:
_______________________________________________________________________________________________________
Description of employee's duties as related to the exposure incident:
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
Copy of information provided to health care professional evaluating an employee after an exposure incident:
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
Attach a copy of all results of examinations, medical testing, follow-up procedures, and health care professional's written opinion.
Training Record: (date, time, instructor, location of training summary)
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
403.3R1 - Universal Precautions Regulation
403.3R1 - Universal Precautions RegulationUniversal precautions (UP) are intended to prevent transmission of infection, as well as decrease the risk of exposure for employees and students. It is not currently possible to identify all infected individuals, thus precautions must be used with every individual. UP pertain to blood and other potentially infectious materials (OPIM) containing blood. These precautions do not apply to other body fluids and wastes (OBFW) such as saliva, sputum, feces, tears, nasal secretions, vomitus and urine unless blood is visible in the material. However, these OBFW can be sources of other infections and should be handled as if they are infectious. The single most important step in preventing exposure to and transmission of any infection is anticipating potential contact with infectious materials in routine as well as emergency situations. Based on the type of possible contact, employees and students should be prepared to use the appropriate precautions prior to the contact. Diligent and proper hand washing, the use of barriers, appropriate disposal of waste products and needles, and proper decontamination of spills are essential techniques of infection control. All individuals should respond to situations practicing UP followed by the activation of the school response team plan. Using common sense in the application of these measures will enhance protection of employees and students.
Hand Washing
Proper hand washing is crucial to preventing the spread of infection. Textured jewelry on the hands or wrists should be removed prior to washing and kept off until completion of the procedure and the hands are rewashed. Use of running water, lathering with soap and using friction to clean all hand surfaces is key. Rinse well with running water and dry hands with paper towels.
· Hands should be washed before physical contact with individuals and after contact is completed.
· Hands should be washed after contact with any used equipment.
· If hands (or other skin) come into contact with blood or body fluids, hands should be washed immediately before touching anything else.
· Hands should be washed whether gloves are worn or not and, if gloves are worn, after the gloves are removed.
Barriers
Barriers anticipated to be used at school include disposable gloves, absorbent materials and resuscitation devices. Their use is intended to reduce the risk of contact with blood and body fluids as well as to control the spread of infectious agents from individual to individual. Gloves should be worn when in contact with blood, OPIM or OBFW. Gloves should be removed without touching the outside and disposed of after each use.
Disposal of Waste
Blood, OPIM, OBFW, used gloves, barriers and absorbent materials should be placed in a plastic bag and disposed of in the usual procedure. When the blood or OPIM is liquid, semi-liquid or caked with dried blood, it is not absorbed in materials, and is capable of releasing the substance if compressed, special disposal as regulated waste is required. A band-aid, towel, sanitary napkin or other absorbed waste that does not have the potential of releasing the waste if compressed would not be considered regulated waste. It is anticipated schools would only have regulated waste in the case of a severe incident. Needles, syringes and other sharp disposable objects should be placed in special puncture-proof containers and disposed of as regulated waste. Bodily wastes such as urine, vomitus or feces should be disposed of in the sanitary sewer system.
Clean up
Spills of blood and OPIM should be cleaned up immediately. The employee should:
· Wear gloves.
· Clean up the spill with paper towels or other absorbent material.
· Use a solution of one part household bleach to one hundred parts of water (1:100) or other EPA-approved disinfectant and use it to wash the area well.
· Dispose of gloves, soiled towels and other waste in a plastic bag.
· Clean and disinfect reusable supplies and equipment.
Laundry
Laundry with blood or OPIM should be handled as little as possible with a minimum of agitation. It should be bagged at the location. If it has the potential of releasing the substance when compacted, regulated waste guidelines should be followed. Employees who have contact with this laundry should wear protective barriers.
Exposure
An exposure to blood or OPIM through contact with broken skin, mucous membrane or by needle or sharp stick requires immediate washing, reporting and follow-up.
· Always wash the exposed area immediately with soap and water.
· If a mucous membrane splash (eye or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly.
· If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.
The exposure should be reported immediately, the parent or guardian is notified, and the person exposed contacts a physician for further health care.
403.4 - Hazardous Chemical Disclosure
403.4 - Hazardous Chemical DisclosureThe board authorizes the development of a comprehensive hazardous chemical communication program for the school district to disseminate information about hazardous chemicals in the workplace.
Each employee will annually review information about hazardous substances in the workplace. When a new employee is hired or transferred to a new position or work site, the information and training, if necessary, is included in the employee's orientation. When an additional hazardous substance enters the workplace, information about it is distributed to all employees, and training is conducted for the appropriate employees. The superintendent will maintain a file indicating which hazardous substances are present in the workplace and when training and information sessions take place.
Employees who will be instructing or otherwise working with students will disseminate information about the hazardous chemicals with which they will be working as part of the instructional program.
It is the responsibility of the superintendent to develop administrative regulations regarding this program.
Legal Reference: 29 C.F.R. Pt. 1910; 1200 et seq. (1999).
Iowa Code chs. 88; 89B (2001).
347 I.A.C. 120.
Cross Reference: 403 Employees' Health and Well-Being
804 Safety Program
Approved 01-15-90
Reviewed 02-18-93; 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 03-15-93; 12-15-03
403.5 - Harassment
403.5 - HarassmentHarassment of employees and students will not be tolerated in the school district. School district includes school district facilities, school district premises, and nonschool property if the employee or student 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 includes, but is not limited to, racial, religious, national origin, age, disability and sexual harassment. Harassment by board members, administrators, employees, parents, vendors, and others doing business with the school district is prohibited. Employees 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 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 will 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.
Other types of harassment may include, but not be limited to, jokes, stories, pictures or objects that are offensive, tend to alarm, annoy, abuse or demean certain protected individuals and groups.
Employees and students who believe they have suffered harassment will report such matters to the investigator for harassment complaints. However, claims regarding harassment may also be reported to the alternate investigator for harassment complaints.
Upon receiving a complaint, the investigator will confer with the complainant to obtain an understanding and a statement of the facts. It is the responsibility of the investigator to promptly and reasonably investigate claims of harassment and to pass the findings on to the superintendent who will complete such further investigation as deemed necessary and take such final action as deemed appropriate. Information regarding an investigation of harassment is confidential to the extent possible, and those individuals who are involved in the investigation will not discuss information regarding the complaint outside the investigation process.
No one will 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 is 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 is 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.
This policy and accompanying regulations will only apply when an employee is the victim of an alleged harasser or an employee is the alleged harasser. It is the responsibility of the superintendent, in conjunction with the investigator, to develop administrative rules regarding this policy.
Legal Reference: Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986).
Hall v. Gus Const. Co., 842 F.2d 1010 (8th Cir. 1988).
Lynch v. City of Des Moines, 454 N.W.2d 827 (Iowa 1990).
42 U.S.C. §§ 2000e et seq. (1994).
29 C.F.R. Pt. 1604.11 (1999).
Iowa Code ch. 216 (2001).
281 I.A.C. 12.3(6).
Cross Reference: 102 Equal Educational Opportunity
401.1 Equal Employment Opportunity
401.4 Employee Complaints
402.3 Abuse of Students by School District Employees
404 Employee Conduct and Appearance
502.10 Student-to-Student Harassment
503 Student Discipline
Approved 01-15-90
Reviewed 02-18-93; 12-20-94; 11-17-03; 02-19-07; 04-06-16
Revised 03-15-93; 01-24-94 ; 12-15-03
403.5E1 - Harassment Complaint Form
403.5E1 - Harassment Complaint FormName of complainant: ____________________________________________________
Position of complainant: __________________________________________________
Date of complaint: _______________________________________________________
Name of alleged harasser: _________________________________________________
Date and place of incident or incidents: _______________________________________
________________________________________________________________________
Date and place of incident or incidents: _______________________________________
________________________________________________________________________
________________________________________________________________________
Name of witnesses (if any): _________________________________________________
________________________________________________________________________
________________________________________________________________________
Evidence of harassment, i.e., letters, photos, etc. (attach evidence if possible): _________
________________________________________________________________________
Any other information: _____________________________________________________
________________________________________________________________________
________________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: _______________________________________
Date: ___________________________________________
403.5E2 - Witness Disclosure Form
403.5E2 - Witness Disclosure FormName of witness: ________________________________________________________
Position of witness: ______________________________________________________
Date of testimony, interview: ______________________________________________
Description of instance witnessed: __________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Any other information: ____________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: ________________________________________________
Date: ____________________________________________________
403.5R1 - Harassment Investigation Procedures
403.5R1 - Harassment Investigation ProceduresHarassment of employees and students will not be tolerated in the school district. School district includes school district facilities, school district premises, and nonschool property if the employee or student 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 includes, but is not limited to, racial, religious, national origin, age, disability and sexual harassment. Harassment by board members, administrators, employees, parents, vendors, and others doing business with the school district is prohibited. Employees 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 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 will 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.
Other types of harassment may include, but not be limited to, jokes, stories, pictures or objects that are offensive, tend to alarm, annoy, abuse or demean certain individuals and groups.
COMPLAINT PROCEDURE
An employee or student who believes that they have been harassed will notify the superintendent, the designated investigator. The alternate investigator is elementary principal. The investigator may request that the employee or student complete the Harassment Complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures. Information received during the investigation is kept confidential to the extent possible.
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.
INVESTIGATION PROCEDURE
The investigator will reasonably and promptly commence the investigation upon receipt of the complaint. The investigator will interview the complainant and the alleged harasser. The alleged harasser may file a written statement refuting or explaining the behavior outlined in the complaint. The investigator may also interview witnesses as deemed appropriate.
Upon completion of the investigation, the investigator will report to the superintendent. The investigator will outline the findings of the investigation to the superintendent.
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.
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 will file a written report closing the case. The complainant, the alleged harasser and the investigator will receive notice as to the conclusion of the investigation.
POINTS TO REMEMBER IN THE INVESTIGATION
· Evidence uncovered in the investigation is confidential.
· Complaints must be taken seriously and investigated.
· No retaliation will be taken against individuals involved in the investigation process.
· Retaliators will be disciplined up to and including discharge.
CONFLICTS
If the investigator is the alleged harasser or a witness to the incident, the alternate investigator is the investigator.
If the alleged harasser is the superintendent, the alternate investigator will take the superintendent's place in the investigation process. The alternate investigator will report the findings to the board.
403.6 - Substance-Free Workplace
403.6 - Substance-Free WorkplaceThe board expects the school district and its employees to remain substance free. No employee will unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbituate, marijuana or any other controlled substance or alcoholic beverage as defined by federal or state law. "Workplace" includes school district facilities, school district premises or school district vehicles. "Workplace" also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.
If an employee is convicted of a violation of any criminal drug offense committed in the workplace, the employee will notify the employee's supervisor of the conviction within five days of the conviction.
The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee. An employee who violates the terms of this policy may be subject to discipline up to and including termination. An employee who violates this policy may be required to successfully participate in a substance abuse treatment program approved by the board. If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination.
The superintendent is responsible for publication and dissemination of this policy to each employee. In addition, the superintendent will oversee the establishment of a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment programs.
It is the responsibility of the superintendent to develop administrative regulations to implement this policy.
Legal Reference: 41 U.S.C. §§ 701-707 (1994).
42 U.S.C. §§ 12101 et seq. (1994).
34 C.F.R. Pt. 85 (1999).
Iowa Code §§ 123.46; 124; 279.8 (2001).
Cross Reference: 404 Employee Conduct and Appearance
Approved 01-15-90
Reviewed 05-18-92; 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 06-15-92; 12-15-03
403.6E1 - Drug and Alcohol Testing Program Notice to Employees
403.6E1 - Drug and Alcohol Testing Program Notice to EmployeesEMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace policy for an employee to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbituate, marijuana or any other controlled substance or alcohol, as defined in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 and Iowa Code Chapter 204.
"Workplace" is defined as the site for the performance of work done in the capacity as a employee. This includes school district facilities, other school premises or school district vehicles. Workplace also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.
Employees who violate the terms of the Substance-Free Workplace policy may be required to successfully participate in a substance abuse treatment program approved by the board. The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy. If the employee fails to successfully participate in such a program the employee is subject to discipline up to and including termination.
EMPLOYEES ARE FURTHER NOTIFIED it is a condition of their continued employment that they comply with the above policy of the school district and will notify their supervisor of their conviction of any criminal drug statute for a violation committed in the workplace, no later than five days after the conviction.
SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM
I, , have read and understand the Substance-Free Workplace policy. I understand that if I violate the Substance-Free Workplace policy, I may be subject to discipline up to and including termination or I may be required to participate in a substance abuse treatment program. If I fail to successfully participate in a substance abuse treatment program, I understand I may be subject to discipline up to and including termination. I understand that if I am required to participate in a substance abuse treatment program and I refuse to participate, I may be subject to discipline up to and including termination. I also understand that if I am convicted of a criminal drug offense committed in the workplace, I must report that conviction to my supervisor within five days of the conviction.
__________________________________________________ __________________________________
(Signature of Employee) (Date)
403.6R1 - Substance Free Work Place Regulation
403.6R1 - Substance Free Work Place RegulationA superintendent who suspects an employee has a substance abuse problem will follow these procedures:
1. Identification - the superintendent will document the evidence the superintendent has which leads the superintendent to conclude the employee has violated the Substance-Free Workplace policy. After the superintendent has determined there has been a violation of the Substance-Free Workplace policy, the superintendent will discuss the problem with the employee.
2. Discipline - if, after the discussion with the employee, the superintendent determines there has been a violation of the Substance-Free Workplace policy, the superintendent may recommend discipline up to and including termination or may recommend the employee seek substance abuse treatment. Participation in a substance abuse treatment program is voluntary.
3. Failure to participate in referral – if the employee refuses to participate in a substance abuse treatment program or if the employee does not successfully complete a substance abuse treatment program, the employee may be subject to discipline up to and including termination.
4. Conviction - if an employee is convicted of a criminal drug offense committed in the workplace, the employee must notify the employer of the conviction within five days of the conviction.
403.7 - Drug and Alcohol Testing Program
403.7 - Drug and Alcohol Testing ProgramEmployees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand one pounds or more. For purposes of the drug and alcohol testing program, the term "employees" includes applicants who have been offered a position to operate a school vehicle.
The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing. Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol. Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations. Employees with questions about the drug and alcohol testing program may contact the school district contact person, who is the superintendent, at the administration office, Gilmore City.
Employees who violate the terms of this policy are subject to discipline up to and including termination.
It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law. The superintendent will inform applicants of the requirement for drug and alcohol testing.
The superintendent will also be responsible for publication and dissemination of this policy and its supporting administrative regulations and forms to employees operating school vehicles. The superintendent will also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.
Legal Reference: American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 (4th Cir. 1995).
49 U.S.C. §§ 5331 et seq. (1994).
42 U.S.C. §§ 12101 (1994).
41 U.S.C. §§ 701-707 (1996).
49 C.F.R. Pt. 40; 382; 391.81-123 (1994).
34 C.F.R. Pt. 85 (1999).
Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington, PERB No. 3876 (3-26-91).
Iowa Code §§ 124; 279.8; 321.375(2); 730.5 (2001).
Cross Reference: 403.6 Substance-Free Workplace
409.2 Licensed Employee Personal Illness Leave
414.2 Classified Employee Personal Illness Leave
Approved 12-18-95
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03
403.7R1 - Drug and Alcohol Testing Program Regulation
403.7R1 - Drug and Alcohol Testing Program RegulationThis 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. Note the Drug and Alcohol Testing Program Definitions, Code No. 403.7R2.
A. 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, the superintendent, at the Gilmore City Office.
B. Covered Drivers.
1. A driver is covered by the drug and alcohol testing program if the driver:
a. Drives a vehicle transporting sixteen or more persons, including the driver, OR drive a vehicle weighing over twenty-six thousand one pounds; and
b. Required to hold a commercial driver's license for the driver position.
2. Covered drivers include:
a. Applicants seeking a position as a driver;
b. Full time, regularly employed drivers;
c. Casual, intermittent, occasional or substitute drivers; and
d. 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 a school district.
1. 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.
C. Prohibited Driver Conduct.
1. Drivers will not report to duty or remain on duty with a 0.04 alcohol concentration or greater.
2. Drivers will not report for duty or remain on duty when using any drug except:
a. When a licensed medical practitioner has advised the driver that the drug does not adversely affect the driver's ability to safely operate a school vehicle; and
b. The school district is informed in writing of the medication and licensed medical practitioner's opinion.
3. Drivers will not use alcohol at least four hours prior to, or during the performance of, a safety-sensitive function.
4. Drivers will not possess alcohol while on duty. This includes possessing prescriptions and over-the-counter medicines containing alcohol unless the packaging seal is unbroken.
5. Drivers required to take a post-accident alcohol test will not use alcohol within eight hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.
6. Drivers will not refuse to submit to a drug or alcohol test. A refusal to test is considered a positive test resulting in suspension from duties pending termination of the driver.
7. Drivers will not report for duty or remain on duty performing a safety-sensitive function if the driver has a positive drug test result.
D. Alcohol Testing Procedures.
1. Driver's breath or saliva is tested for alcohol.
2. The screening alcohol test is conducted with an evidentiary breath testing device or a saliva testing device.
a. The screening breath alcohol or saliva test determines whether the driver's alcohol concentration is less than 0.02.
(1) A screening alcohol test result of less than 0.02 alcohol concentration allows the driver to continue to perform a safety-sensitive function.
(2) A screening alcohol test result of 0.02 alcohol concentration or greater requires a confirmation test.
3. The confirmation alcohol test is conducted only by an evidentiary breath alcohol testing device to determine whether the driver can continue to perform a safety-sensitive function.
(a) A confirmation alcohol test result of less than 0.02 alcohol concentration allows the driver to continue to perform a safety-sensitive function.
(a) A confirmation alcohol test result of 0.02 alcohol concentration but less than 0.04 alcohol concentration requires the driver to cease performing a safety-
sensitive function for twenty-four hours.
(c) A driver will be terminated for a confirmation alcohol test result of 0.04 breath alcohol concentration or greater.
4. Alcohol testing is conducted at collection sites which provide privacy to the driver and contain the necessary equipment, personnel and materials.
a. Alcohol testing is conducted at a designated collection site unless the situation requires another location.
b. In the event privacy cannot be assured, privacy will be provided to the extent practical.
5. Screening alcohol testing steps.
a. 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 school district contact person immediately when a driver does not arrive at the specified time. Failure to arrive at the collection site in a timely manner is considered a refusal to test.
b. Upon arrival, the driver must provide a photo identification. Repeated failure of the driver to produce a photo identification is considered insubordination as well as a refusal to test.
c. The testing procedure is explained to the driver by the collection site person.
d. The breath alcohol technician (BAT) or saliva test technician (STT) and the driver complete and sign the appropriate sections of the alcohol testing form.
e. Evidentiary breath alcohol testing device procedures.
(1) The driver forcefully blows into the mouthpiece for at least six seconds or until an adequate amount of breath has been obtained.
(2) The screening alcohol test is stopped when the driver fails twice to provide an adequate amount of breath. In that case:
(a) A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.
(b) A physician analyzes the driver's inability to provide adequate breath.
(c) 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 screening alcohol test are shared with the driver.
f. Saliva alcohol testing device procedures.
(1) The driver and the STT 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 places the swab in the driver's mouth until the swab is completely saturated. If the alcohol test is started again, only the STT may place the swab in the driver's mouth.
(3) The saliva alcohol testing device is activated with the saturated swab in place.
(4) The saliva alcohol test is stopped when the driver fails twice to provide an adequate amount of saliva. In that case:
(a) The school district is informed.
(b) The driver must submit to a breath alcohol test immediately.
(5) The saliva testing device results are read two minutes, and no later than fifteen minutes, after the saliva testing device was activated.
(6) The results of the screening alcohol test are shared with the driver.
g. The driver and breath alcohol technician or saliva test technician 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 or STT notes the driver's refusal to sign.
h. Screening alcohol test results.
(1) An alcohol test result of less than 0.02 alcohol concentration is reported to the school district in a confidential manner and the driver may continue to perform a safety-sensitive function.
(2) An alcohol test result of 0.02 alcohol concentration or more requires a confirmation alcohol test be performed between fifteen and thirty minutes after the screening test.
(3) The BAT or STT provides the school district contact person with a copy of the alcohol testing form if written communication was not used to report the test results.
i. Potentially incomplete or invalid screening alcohol tests are repeated with corrected procedures.
6. Confirmation alcohol testing steps.
a. The driver is instructed to not eat, drink, put any object or substance in his or her mouth, and, to the extent possible, not belch during the fifteen-minute waiting period to avoid accumulation of mouth alcohol leading to an artificially high reading.
b. The confirmation alcohol test is done between fifteen and twenty minutes of the screening alcohol test whether or not the driver followed the requirements.
c. 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.
d. If a different collection site person conducts the confirmation alcohol test, the driver must again provide photo identification.
e. The testing procedure is explained to the driver by the, a BAT.
f. 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.
g. The driver forcefully blows into the evidentiary breath testing device mouthpiece for at least six seconds or until an adequate amount of breath has been obtained.
h. The confirmation alcohol test results, which are the final and official test results, are shared with the driver.
i. 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.
j. The BAT informs the school district's contact person of the results of the test in a confidential manner.
(1) An alcohol test result of less than 0.02 alcohol concentration is reported to the school district in a confidential manner and the driver may continue to perform a safety-sensitive function.
(2) The breath alcohol technician notifies the school district contact person immediately of confirmation alcohol test results of 0.02 alcohol concentration or more.
(3) The collection site person provides the school district contact person with a copy of the alcohol testing form if written communication was not used
to report the test results.
k. Potentially incomplete or invalid confirmation alcohol tests are repeated with corrected procedures.
l. 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.
E. 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.
a. A negative drug test result allows the driver to continue to perform a safety-sensitive function.
b. A positive drug test result on the primary sample requires the driver to be removed from performing a safety-sensitive function.
c. 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 results in a negative drug test result.
d. The driver will be terminated for a positive drug test result.
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 affect 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.
a. 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.
b. In the event privacy cannot be assured, privacy is provided to the extent practical. However, direct observation is allowed if:
(1) Reasons exist 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 gravity and urine creatinine concentration criteria.
(4) The collection site person observes conduct of the driver to substitute or adulterate the specimen.
c. Direct observation is approved by the supervisor of the collection site person or the designated school district representative. Non-medical personnel performing direct observation must be of the same gender as the driver.
5. Drug testing steps.
a. The school district contact person makes arrangements with the collection site for the test.
b. 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 school district contact person immediately when a driver does not arrive at the specified time. Failure to arrive at the collection site in a timely manner is considered a refusal to test.
c. Upon arrival, the driver must provide a photo identification. Repeated failure of the driver to produce a photo identification is considered insubordination as well as a refusal to test. The driver may require the collection site person to provide proof of identification.
d. 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.
e. Immediately prior to providing a urine specimen, the driver must wash his or her hands.
f. The driver must then provide forty-five 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 trying again.
(2) The drug test is stopped when the driver fails twice to provide an adequate amount of urine.
(3) Failure to provide adequate urine is considered a refusal to test unless the physician determines a medical condition caused the failure to provide
adequate urine.
g. The specimen is kept in view of the driver and the collection site person.
h. Upon receipt of the specimen, the collection site person immediately, and in no event later than four minutes from the time of urination, measures the temperature of the specimen.
i. The driver may volunteer to have his or her oral temperature taken to provide evidence against alteration or substitution if there is some question about the temperature of the specimen.
j. The collection site person inspects the specimen for color and other signs of contaminants and notes any unusual findings in the remarks section of the chain of custody form.
k. Another specimen is required as soon as possible under direct observation if adulteration or substitution is suspected by the collection site person. Specimens suspected of adulteration or substitution are also sent to laboratory for testing.
l. The specimen is divided into the primary and the split specimen, sealed and labeled. The label is initialed by the driver.
m. The driver is required to read and sign the statement on the chain of custody form certifying the specimens are the driver's.
n. The collection site person is required to note on the chain of custody form any unusual behavior or appearance of the driver and any failure to cooperate.
o. The collection site person completes the chain of custody form and the driver 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 notifies the school district contact person and notes the driver's failure to sign on the form.
p. 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.
a. The laboratory used by the school district's drug and alcohol testing program is certified by the U.S. Department of Health and Human Services (DHHS). Certified laboratories meet the testing procedures, personnel and record keeping requirements of the law.
b. Upon arrival of the specimens 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).
a. The MRO may release drug testing records of a driver to unauthorized individuals only with the written consent of the driver.
b. The MRO keeps a record of negative drug test results and reports negative drug test results to the school district, usually within two working days.
c. The primary role of the MRO is to review and interpret positive drug test results to determine whether a legitimate explanation exists for the positive drug test result.
(1) After reviewing the chain of custody form and the laboratory drug test results, the MRO contacts the driver to discuss the positive drug test result prior to notifying the school district and to ask whether the driver requests a drug test of the split sample. The driver's request for a drug test of the split sample must be made within seventy-two hours of talking with the MRO.
(2) Upon request of the driver, the split specimen is sent to a second certified laboratory to test only for the drug found in the primary specimen.
(3) The MRO contacts the school district contact person for assistance if the driver cannot be reached.
(4) The school district contact person must confidentially inform the driver to contact the MRO.
(5) Upon contacting the driver, the school district contact person must inform the MRO that the driver was contacted.
(6) Drivers who cannot be contacted are placed on temporary medically unqualified status or medical leave.
d. The MRO may verify a positive drug test without talking to the driver if:
(1) The driver declines the opportunity to discuss the positive drug test.
(2) The driver fails to contact the MRO within five days after the school district contact person has contacted the driver.
(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 drug test result and declare the drug test negative.
e. The driver is notified of the drugs found in a positive drug test result by the MRO, the school district contact person or by certified mail to the driver's last known address.
- The school district receives a written report of the negative and positive drug test results from the MRO.
F. Pre-employment Testing.
1. Drivers will submit to a drug test if a job offer is made. The job offer is contingent upon:
a. A negative drug test result; and
b. 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 fourteen 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.
a. 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; and
(3) Refusals to be tested.
b. The information must be obtained, or a good faith effort made to obtain, the information if the driver is currently performing and will continue to perform a safety-sensitive function.
c. The information must be obtained or a good faith effort made to obtain the information if the driver performed a safety- sensitive function and is no longer employed by the school district.
d. The information does not need to be obtained if the driver did not perform a safety‑sensitive function and is no longer employed by the school district.
e. The school district may obtain information held by the prior employer for the two‑year period preceding the date of application even if the information came from other employers.
f. A good faith effort requires the school district to request and hopefully receive, the information prior the driver driving and no later than fourteen days after first driving by taking the following steps:
(1) Obtain the driver's written consent immediately after a conditional employment offer is made.
(2) Send a completed consent for Release of Informaiton signed by the driver to prior employers via certified mail.
(3) Contact the prior employers' drug and alcohol testing program managers about the status of the request if no response is received within reasonable period.
(4) Take appropriate action (i.e., follow-up with a SAP, terminate employment) if the information received, whether prior to or after the fourteen day period, requires.
(5) Document and maintain the documentation of the steps taken to obtain the information when it is not received or the prior employer refuses to submit the information.
G. Random Testing.
1. Annually, ten percent of the average number of drivers are selected for random alcohol tests and fifty percent of the average number of drivers are selected for random drug tests.
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 spread throughout the year.
4. Drivers selected for random alcohol testing are notified just before, during or just after performing a safety-sensitive function. The school district documents why some, if any, drivers were selected but not notified.
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.
H. Reasonable Suspicion Testing.
1. A driver may be required to submit to a reasonable suspicion drug test at any time.
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 the drug and alcohol testing program policy, its supporting documents or the law.
a. A reasonable suspicion alcohol test is performed within two hours and no later than eight hours of determining reasonable suspicion.
b. If the alcohol test is not given within two hours, the reasons for the delay must be documented.
c. If the alcohol test is not given within eight 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 hours or prior to the release of the test results. If more than one employee trained to determine reasonable suspicion observes the driver, that employee must also document their reasons.
I. Post-accident Testing.
1. Drivers are subject to both post-accident drug and alcohol testing as soon as possible after an accident in which:
a. A fatality, other than the driver, occurred.
b. 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
. c. The driver was cited and one or more motor vehicles incurred disabling damage as a result of the accident, requiring a motor vehicle to be transported away from the accident scene by a tow truck or other motor vehicle.
(1) "Disabling damage" is damage which precludes the departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs. It includes damage to motor vehicles that could have been driven but would have been further damaged if so driven.
(2) "Disabling damage" excludes damage which can be remedied temporarily at the scene of the accident without special tools or parts.
(a) Tire disablement without other damage even if no spare tire is available.
(b) Headlight or taillight damage
(c) Damage to turn signals, horn, or windshield wipers which make them inoperative.
2. Drivers must remain readily available for post-accident testing.
a. Drivers who leave the scene or who do not remain readily available are deemed to have refused to test.
b. 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.
a. The alcohol test is administered within two hours and no later than eight hours of the accident.
b. The reasons for administering the test later than two hours after the accident must be documented.
c. The reasons for not administering the test within eight hours of the accident must be documented.
d. Drivers are prohibited from consuming alcohol for eight hours after the accident or until the alcohol test is completed.
4. Drug testing requirements.
a. The drug test is administered as soon as possible and no later than 32 hours after the accident.
b. 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 are presumed valid if the testing conforms with the law. The school district must receive a copy of the results to use them.
J. School district responsibilities.
1. Provide drivers with information on the drug and alcohol testing requirements of the drug and alcohol testing program policy, its supporting documents and the law, including the driver's obligations.
2. Supervisors of drivers or employees designated to determine reasonable suspicion must receive sixty minutes of training on alcohol misuse and sixty minutes of training on drug use. The training must address the physical, behavioral, speech and performance indicators of probable alcohol misuse and drug use. The reasonable suspicion training certificate must be maintained by the school district until the employee leaves employment of the school district or is no longer authorized to make a reasonable suspicion determination.
3. Provide drivers with instructions prior to the driver operating a school vehicle 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 alcohol concentration 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 quality assurance plan, developed by the manufacturer and approved by the National Highway Traffic Safety Administration (NHTSA) for the evidentiary testing device or saliva alcohol testing device used for alcohol testing of its drivers, describes the inspection, maintenance and calibration requirements and intervals for the device.
7. Ensure, through the school district's drug and alcohol testing program service provider, that the collection site person using an evidentiary breath testing device is a certified breath alcohol technician (BAT).
8. Ensure, through the school district's drug and alcohol testing program service provider, that the collection site person using a saliva alcohol testing device is a certified BAT or saliva test technician (STT).
K. Consequences of violating the drug and alcohol testing program 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.
a. Drivers may be disciplined up to and including termination.
b. Drivers may not be permitted to perform safety-sensitive functions.
c. 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.
d. Drivers refusing to submit to drug and/or alcohol testing are considered insubordinate and are subject to termination.
e. Drivers/applicants who refuse to submit to or cooperate with the drug and/or alcohol testing process and requirements are disqualified from further consideration.
2. Nothing in the drug and alcohol testing program policy, its supporting documents or the law relating to drug and alcohol testing limits or restricts the right of the board or superintendent to discipline, up to and including termination, a driver for conduct which violates the school district's policies, supporting documents and procedures.
L. 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. Only those records specifically authorized for release may be released. However:
a. Records may be released to appropriate government agencies without a driver's written consent.
b. Records may be released to appropriate school district employees without a driver's written consent.
c. 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 documents or the law or from the school district's determination that the driver violated the drug and alcohol testing program, 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. The following records of the school district's drug and alcohol testing programs are maintained for the time period indicated.
a. One year:
(1) Records of negative and canceled drug test results and alcohol test results of less than 0.02 alcohol concentration.
(2) Records related to a driver's test results.
(3) Records related to other violations of the law.
(4) Records related to substance abuse evaluations.
b. Two years:
(1) Records related to the alcohol and drug collection process, except calibration of evidentiary breath testing devices, and training.
c. Five years:
(1) Alcohol test results of 0.02 alcohol concentration and greater.
(2) Verified positive drug test results.
(3) Documentation of refusals to take required alcohol and/or drug tests.
(4) Evidentiary breath testing device calibration documentation.
(5) Driver substance abuse evaluations and referrals.
(6) Annual calendar year summary.
(7) Records related to the administration of the drug and alcohol testing program.
d. Forever or as designated below.
(1) Reasonable suspicion training certificates must be retained two years after the employee is no longer authorized to make a reasonable suspicion determination.
(2) Records related to the education and training of drivers must be retained two years after the employee ceases to perform a safety sensitive function.
403.7R2 - Drug and Alcohol Testing Program Regulation
403.7R2 - Drug and Alcohol Testing Program RegulationAir blank - a reading by an evidentiary breath testing device (EBT) of ambient air containing non alcohol.
Alcohol - the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
Alcohol concentration (or content) - the alcohol in a volume of breath expressed in terms of grams of alcohol per two hundred ten liters of breath as indicated by an evidentiary breath alcohol test or saliva alcohol test under the law.
Alcohol use - the consumption of any beverage, mixture or preparation, including any medication, containing alcohol.
Breath Alcohol Technician (BAT) - an individual who instructs and assists drivers in the alcohol testing process and operates an evidentiary breath testing device, non-evidentiary breath testing device or saliva testing device.
Canceled or invalid test - in drug testing it is a drug test that has been declared invalid by a Medical Review Officer or a specimen that has been rejected for testing by a laboratory. In alcohol testing it is a test that is deemed to be invalid under the law. A canceled drug test or alcohol test is neither a positive nor a negative test.
Chain of Custody - procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. With respect to drug testing, these procedures require that an appropriate drug testing custody form be used from time of collection to receipt by the laboratory and that upon receipt by the laboratory an appropriate laboratory chain of custody form(s) account(s) for the sample or sample aliquots within the laboratory.
Collection site - a place where drivers present themselves for the purpose of providing body fluid or a tissue sample to be analyzed for specific drugs or breath alcohol concentration.
Confirmation test - for alcohol testing it is a second test following a screening alcohol test with a result of 0.02 breath alcohol concentration or greater that provides quantitative data of breath alcohol concentration. For drug testing it is a second analytical procedure (GC/MS) to identify the presence of a specific drug or metabolite which is independent of the initial test and which uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy.
Controlled substances/Drugs - marijuana, cocaine, opiates, amphetamines and phencyclidine.
Driver - any person who operates a school vehicle. This includes, but is not limited to: full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to the school district or who operate a school vehicle at the direction of or with the consent of the school district. For the purposes of pre-employment/pre-duty testing only, the term "driver" includes applicants for drivers of school vehicle positions.
Initial test (or screening test) - in drug testing it is an immunoassay screen to eliminate "negative" urine specimens from further consideration. In alcohol testing it is an analytic procedure to determine whether a driver may have a prohibited concentration of alcohol in a breath or saliva specimen.
Licensed medical practitioner – a person who is licensed, certified, and/or registered, in accordance with applicable federal, state, local or foreign laws and regulations, to prescribe controlled substances and other drugs.
Medical review officer (MRO) - a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate a driver's confirmed positive test result together with the driver's medical history and any other relevant bio-medical information.
Non-suspicion-based post-accident testing - testing of a driver after an accident without regard to whether there is any reasonable suspicion of drug usage, reasonable cause to believe the driver has been operating the school vehicle while under the influence of drugs, or reasonable cause to believe the driver was at fault in the accident and drug usage may have been a factor.
Performing a safety-sensitive function - a driver is considered to be performing a safety-sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform any safety-sensitive function.
Random Selection Process - when drug and alcohol tests are unannounced and every driver has an equal chance of being selected for testing.
Reasonable suspicion - when the school district believes the appearance, behavior, speech or body odors of the driver are indicative of the use of drugs or alcohol.
Refusal to test - when a driver (1) fails to provide adequate breath or saliva for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of the law, (2) fails to provide adequate urine for drug testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the provisions of the law, or (3) engages in conduct that clearly obstructs the testing process. A refusal to test is treated as a positive drug test result or an alcohol test result of 0.04 alcohol concentration or greater.
Safety-sensitive function - all time from the time when a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.
Saliva test technician (STT) – an individual who has successfully completed U.S. DOT approved training for saliva alcohol testing who instructs and assists drivers in the initial (screening) alcohol testing process and operates a non-evidentiary breath testing or saliva testing device..
School vehicle - a vehicle owned, leased, and/or operated at the direction or with the consent of the school district which transports sixteen or more persons, including the driver, or weighs over twenty-six thousand one pounds and requires the driver to have/possess a commercial driver's license in order to operate the vehicle.
Split specimen/split sample - the division of the urine specimen into thirty milliliters in a specimen bottle (the primary sample) and into at least fifteen milliliters in second specimen bottle (the split sample).
Substance abuse professional (SAP) - a licensed physician (medical doctor or doctor of osteopathy) or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of, and clinical experience in, the diagnosis and treatment of alcohol and controlled substances-related disorders.
403.7E1 - Drug and Alcohol Testing Program Notice To Employees
403.7E1 - Drug and Alcohol Testing Program Notice To EmployeesEMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law.
Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand, one pounds or more. For purposes of the drug and alcohol testing program, "employees" also includes applicants who have been offered a position to operate a school vehicle. The employees operating a school vehicle are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program.
It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements. Employees with questions regarding the drug and alcohol testing requirements will contact the school district contact person.
EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination.
EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting documents and the law. It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using. Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents or the law.
403.7E2 - Drug and Alcohol Testing Program Acknowledgement Form
403.7E2 - Drug and Alcohol Testing Program Acknowledgement FormI, ____________________, have received a copy, read and understand the Drug and Alcohol Testing Program policy and its supporting documents. I consent to submit to the drug and alcohol testing program as required by the Drug and Alcohol Testing Program policy, its supporting documents and the law.
I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents or the law, I may be subject to discipline up to and including termination
I also understand that I must inform my supervisor of any prescription medication I use. I further understand that drug and alcohol testing records about me are confidential and may be released in accordance with this policy, its supporting documents or the law.
___________________________________________ _________________________
(Signature of Employee) (Date)
403.7E3 - Consent for Request of Information
403.7E3 - Consent for Request of InformationATTENTION: SUBSTANCE ABUSE PROGRAM COORDINATOR
COMPANY: ___________________________________________________________
FAX: _________________________________
DATE OF REQUEST: _______________________________________
DRIVER: _____________________________________________________________
SOCIAL SECURITY NUMBER: __________________________________________
1. Dates of Employment: From: _____________________ To: _____________________
From: _____________________ To: _____________________
From: _____________________ To: _____________________
2. In the past two years, has the driver:
YES NO
Tested positive for alcohol at a level of .04 or greater. If yes, list date(s) and type of
___ ___ __________________________________________________________
__________________________________________________________
Tested positive for drugs. If yes, list date(s) and type of test below:
___ ___ __________________________________________________________
__________________________________________________________
Refused either a drug or alcohol test. If yes, list date(s) and type of test below:
___ ___ __________________________________________________________
__________________________________________________________
I certify that the above information is accurate.
____________________________________ _____________________________
Substance Abuse Program Coordinator Date
I hearby authorize the company listed above to release my alcohol and drug screen information to the following:
COMPANY: ___________________________________________________________
ADDRESS: ___________________________________________________________
FAX: _________________________________
____________________________________ _____________________________
Driver Signature Date
By federal regulation this information must be on file in our office within two weeks of hire. Please fax or return this form to the address listed above at once. Please direct any questions to the above name and address.
403.7E4 - Drug/Alcohol Test Notification Form
403.7E4 - Drug/Alcohol Test Notification FormSee Form attached.
403.7E5 - Certification of Previous Employers Requiring a Commercial Driver's License
403.7E5 - Certification of Previous Employers Requiring a Commercial Driver's License______________________________________ _________________________________
Name Social Security Number
I certify that I have been employed by the following employers during the two years prior to the date stated below and that I was required to possess a commercial driver's license (CDL) during the term of my employment.
Company ______________________________________ Phone_____________________
Address___________________________________________________________________
City/State/Zip ______________________________________________________________
Company ______________________________________ Phone_____________________
Address___________________________________________________________________
City/State/Zip ______________________________________________________________
Company ______________________________________ Phone_____________________
Address___________________________________________________________________
City/State/Zip ______________________________________________________________
Company ______________________________________ Phone_____________________
Address___________________________________________________________________
City/State/Zip ______________________________________________________________
Company ______________________________________ Phone_____________________
Address___________________________________________________________________
City/State/Zip ______________________________________________________________
______________________________________ _________________________________
Signature Date
403.7E6 - Drug and Alcohol Reasonable Suspicion Observation
403.7E6 - Drug and Alcohol Reasonable Suspicion ObservationSee form attached.
403.7E7 - Drug and Alcohol Testing Program Pre-Employment Drug Test Acknowledgement Form
403.7E7 - Drug and Alcohol Testing Program Pre-Employment Drug Test Acknowledgement FormI, (name of applicant), have been informed of the requirement to submit to a drug test prior to being employed by the school district to perform a safety-sensitive function. I consent to submit to the drug and alcohol testing program as required by the Drug and Alcohol Testing Program policy, its supporting documents and the law.
I understand that the results of my drug test will be shared with the school district. I also understand that if I have a positive drug test result, I will not be considered further for employment with the school district.
I further understand that the drug and alcohol testing records and information about me is confidential, and may be released at my request or in accordance with the law.
___________________________________________ __________________________
(Signature of Applicant) (Date)
403.7E8 - Random Testing Driver Change List Form - Iowa Drug and Alcohol Testing Program
403.7E8 - Random Testing Driver Change List Form - Iowa Drug and Alcohol Testing ProgramSchool District Contact Person: _________________________________________________ Date: __________________________
School District: _____________________________________________________________ Phone: __________________________
Address: ___________________________________________________________________________________________________
Social Security Number and Name (first and last). Example 111-22-3333, John Doe.
Additions Deletions
SSN Name SSN Name
__________________________________ ______________________________________
__________________________________ ______________________________________
__________________________________ ______________________________________
__________________________________ ______________________________________
Please list all qualified drivers who must be tested under the federal regulations. Make copies of this form if you need additional space. Changes must be made in writing. Telephone changes cannot be accepted.
Changes must be received the last business day of the prior quarter to be effective for the quarter. Random selection list updates cannot be data entered for a new month if this form is received on or after the first of the new quarter.
IDAPT participants please fax or mail to:
Medical Enterprises
200 Essex Ct.
Omaha, NE 68114
FAX: (402) 393-8946
403.7E9 - Post-Accident Drug and Alcohol Testing Instructions To Drivers
403.7E9 - Post-Accident Drug and Alcohol Testing Instructions To DriversThe following instructions have been reviewed by the drivers subject to the drug and alcohol testing program. These instructions must be kept in the school vehicle for reference in the event of an accident. The driver operating the school vehicle is responsible to carry out the instructions.
1. Take action to maintain the safety and health of the persons being transported in the school vehicle.
2. Report the accident to the following person as soon as practicable following the accident and follow any directions given to the driver.
School district contact person: Ron Bollmeyer
School district telephone: (515) 373-6124
School district contact person home telephone: (515) 373-6015
Back-up school district contact person: Dave Cirks
Back-up school district contact person home telephone: (515) 373-6707
3. Determine whether any of the following have occurred, and if so, post-accident drug and alcohol testing must be done.
a. A fatality, other than the driver, occurred.
b. 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.
c. The driver was cited and one or more motor vehicles incurred disabling damage as a result of the accident, requiring a vehicle to be transported away from the scene of the accident by a tow truck or other motor vehicle.
(1) "Disabling damage" is damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs. It includes damage to motor vehicles that could have been driven, but would have been further damaged if so driven.
(2) "Disabling damage" excludes damage which can be remedied temporarily at the scene of the accident without special tools or parts:
a. Tire disablement without damage even if no spare tire is available.
b. Headlight or taillight damage.
c. Damage to turn signals, horn, or windshield wipers which make them inoperative.
4. Consume no alcohol for eight hours or prior to submitting to a post-accident alcohol test, whichever occurs first, following an accident meeting the criteria in "3" above.
5. Remain available to submit to a post-accident alcohol test within two hours and no later than eight hours after the accident.
6. Remain available to submit to a post-accident drug test as soon as possible after the accident and no later than 32 hours after the accident.
7. Failure to remain available for post-accident drug and alcohol testing is considered a refusal to test and will result in termination of the driver.
8. Seek appropriate medical attention despite the need to remain available to submit to post-accident drug and alcohol tests.
9. Using the Transportation Emergency Assistance Program manual developed by the Iowa Pupil Transportation Association, contact the nearest school district transportation director for assistance.
10. Obtain the name, badge number and telephone number of the law enforcement officer if the law enforcement officer conducts a post-accident drug and/or alcohol test. If possible, obtain copies of any alcohol and drug test results conducted by the law enforcement officer. Since these test results are generally unacceptable to meet the school district's requirements for post-accident drug and alcohol testing, the driver must remain available for post-accident drug and alcohol testing by a trained collection site person.
11. Complete the School Bus Accident Report form issued by the Iowa Department of Education as soon as possible.
12. Document failure to submit to a post-accident alcohol test if no alcohol test was conducted:
a. Document why the driver was not alcohol tested within two hours after the accident.
b. Document why the driver was not alcohol tested within eight hours after the accident.
c. A copy of the documentation must be submitted to the school district contact person upon return to the school district.
13. Document failure to submit to a post-accident drug test if no drug test was conducted:
a. Document why the driver was not drug tested within 32 hours after the accident.
b. A copy of the documentation must be submitted to the school district contact person upon return to the school district.
403.7E10 - Drug and Alcohol Testing Program Worksheet
403.7E10 - Drug and Alcohol Testing Program WorksheetSection I: General requirements:
Determine qualifying drivers in the drug and alcohol testing program. (Driver must meet first and third OR second and third).
Drive or may drive a vehicle transporting 16 or more persons, including the driver;
Drive or may drive vehicles weighing over 26,001 pounds requiring a commercial driver license; and
Drive full time, part-time, occasionally, under a lease or under a contract with an independent contractor or otherwise drive with the consent of the school district.
Total drivers meeting the qualifications above in the drug and alcohol testing program.
Regularly employed drivers
Substitute drivers
Others who are available to drive.
Determine delivery method of drug and alcohol testing program. (Choose one.)
Iowa Drug and Alcohol Testing Program (IDATP). (Contact IASB for information.)
Other service provider.
School district will conduct its own program.
Identify/Verify the school district contact person(s) and back-up school district contact person(s).
Draft revised board policy and its supporting documents and forms.
Hold meeting to inform drivers about the federal regulations and revised board policy and its supporting documents and forms.
Inform drivers that time involved with drug and alcohol testing is on-duty time and they will be paid.
Inform drivers that their records related to drug and alcohol testing are confidential records and will only be released with appropriate authorization.
Adopt revised board policy and its supporting documents and forms.
Hold meeting or meet with drivers individually to inform them about the federal regulations, and revised board policy and its supporting documents and forms.
Drivers complete policy sign off sheet. (403.7E2)
Drivers take policy and sign off sheet with them to complete within a limited number of days. (403.7E2)
Compile a list of resources available to provide evaluation and assistance with drug use or alcohol misuse for the drivers.
Develop a training program or contract for training to educate drivers about the effects of drug use and alcohol misuse on their work and their personal lives.
File new policy sign off sheet in each driver's drug and alcohol testing personnel file.
File new unsigned policy sign off sheet in the driver's drug and alcohol testing personnel file with documentation why it is unsigned.
Instruct drivers on revised procedures to follow in the event of an accident. (403.7E9)
Place revised summary of post-accident instructions in each school vehicle for reference by driver in the event of an accident. (403.7E9)
Make arrangements to have a minimum of two employees receive the reasonable suspicion training.
Contact the collection site and arrange a meeting to review the following.
Procedures for setting up appointments.
School district's collection site contact person.
Procedures when a driver has no photo identification
Procedures for receiving alcohol test results.
Procedures for transporting drivers with an alcohol test result of 0.02 alcohol concentration or greater.
Section II. Record keeping.
Ensure drug and alcohol testing related records are retained in limited access secure storage files separate and apart from the drivers' general personnel records.
Verify/create individual driver drug and alcohol testing file to contain:
Policy sign off sheet. (403.7E2)
Agreement to participate in the program. (403.7E2)
Pre-employment drug and alcohol testing related information. (Applicable only to drivers hired after Jan.1, 1996). (403.7E5)
Pre-employment release of prior employer drug and alcohol testing related information. (Applicable only to drivers hired after Jan.1, 1996). (403.7E3)
Pre-employment drug test authorization. (Applicable only to drivers hired after Jan. 1, 1996. (403.7E7)
Copy of Drug/Alcohol Test Notification form. (403.7E4)
Copy of drug test chain of custody form.
Copy of alcohol test form.
Refusals to test.
Substance abuse professional evaluation and treatment records, (if any).
Other information pertinent to the driver.
Supervisor and/or driver training sign-off sheets.
Verify/create files for other drug and alcohol testing related information.
Accident information.
Random selection lists.
Positive drug test results.
Positive alcohol test results.
Negative drug tests results.
Negative alcohol tests results.
Change list of all driver adds/deletes from the drug and alcohol testing program. (403.7E8)
Miscellaneous drug and alcohol testing related information.
Reasonable suspicion training certificates.
Records related to the calibration of the evidentiary breath testing devices, training of the collection site personnel and other related information kept by (IDATP/service provider) is available from (IDATP/service) provider within two working days.
Records related to saliva alcohol testing devices.
Records related to the school district serving as a saliva alcohol testing or urine specimen collection site.
Section III. Release of Drug and Alcohol Testing Related Records.
Generally, a driver's drug and alcohol testing records are released only with the permission of the driver.
Driver may have prompt access to and copies of their drug and alcohol testing records.
Request for access must be in writing.
Copying fees for the records must be in accordance with board policy.
Drug and alcohol testing records are available to subsequent employers with the driver's written authorization.
Without the driver's written permission, the driver's drug and alcohol test records are made available to a decision maker in a lawsuit, grievance or other proceeding initiated by or on behalf of the driver, and arising from the results of a drug or alcohol test under the federal regulations or from the school district's determination that the driver violated the federal regulations.
Section IV. Pre-employment testing.
Include the requirement of a drug test in any advertising, posting or other notice of the driver position.
Applicant completes the Pre-employment Drug Test Acknowledgment form. (403.7E7)
Applicant completes the Consent for Release of Information form. (403.7E3)
Applicant completes Certification of Previous Employers Requiring a Commercial Driver's License. (403.7E5)
Applicant completes the Drug/Alcohol Test Notification Form. (403.7E4)
Obtain information required on the Consent for Release of Information form. (403.7E3)
Received prior to the applicant performing a safety-sensitive function.
Received no later than fourteen days of the applicant performing a safety-sensitive function. (Recommended only when absolutely necessary.)
Applicant obtains the pre-employment drug test.
Receive pre-employment drug test results.
Negative drug test allows the applicant to begin to perform a safety-sensitive function.
Positive drug test removes the applicant from further consideration for the driver position.
Forward the pre-employment drug test results to the applicant upon the applicant's request.
File all documentation
If not hired, file with the applicant's application.
If hired, file with the applicant's drug and alcohol related personnel file.
Section V: Alcohol Test Results.
Receive alcohol test results from collection site person.
By telephone using a password system with written results to follow by mail (or other means).
By a secure electronic means.
By secure fax.
Alcohol test result is less than 0.02 alcohol concentration.
Driver may continue to perform a safety-sensitive function.
Alcohol test result is 0.02 to 0.0399 alcohol concentration.
School district transport driver to home or other location.
Driver may not perform a safety-sensitive function for twenty-four hours.
Make arrangements for substitute, if necessary.
No action may be taken against the driver under the federal regulations.
Repeated offenses must be reported to superintendent for action.
Document incident and file.
Alcohol test result is 0.04 or greater alcohol concentration.
School district transport driver to home or other location.
Driver may not perform a safety-sensitive function.
Make arrangements for substitute, if necessary.
Place driver on leave.
Take necessary steps after consulting with the school attorney to terminate the driver.
Section VI: Drug Test Results.
Receive drug test results from the medical review officer.
By telephone using a password system with written results to follow by mail (or other means).
By secure electronic means to be printed for filing.
By secure fax.
Drug test result is negative.
Driver may continue to perform a safety-sensitive function.
Drug test result is positive.
Driver may not perform a safety-sensitive function.
Make arrangements for substitute, if necessary.
Place driver on leave. .
Take necessary steps after consulting with the school attorney to terminate the driver.
Section VII: Random Drug and Alcohol Testing.
Receive the random selection list from IDATP.
Determine the date and time a driver or the random selection list will be notified and make appointments at the collection site.
Notify selected drivers.
Notify the required number of drivers on the random selection list prior to the end of the quarter.
Vary notification each quarter, including day, week and time of day to ensure drivers do not know the random testing is completed for the quarter and now they are free to misuse alcohol or use drugs until the next quarter.
Notified drivers sign the Drug/Alcohol Test Notification form. (403.7E4)
Driver proceeds to collection site.
Document, if necessary, reasons why any driver on the random selection list was not notified and attach documentation to the random selection list.
Go to Section V, Alcohol Test Results, or Section VI, Drug Test Results, for appropriate action based on test results.
Section VIII: Reasonable Suspicion Testing.
Driver supervisors who have received reasonable suspicion training document specific, contemporaneous, articulable observations of the driver's behavior, speech or body odors on the Reasonable Suspicion Observation form. (403.7E6)
A second reasonable suspicion trained employee, if at all possible, documents specific, contemporaneous, articulable observations of the driver's behavior, speech or body odors on the Reasonable Suspicion Observation form. (403.7E6)
Driver is removed from performing a safety-sensitive function pending the drug and/or alcohol test results.
Driver completes Drug/Alcohol Testing Notification form. (403.7E4)
Driver is transported to the collection site.
Complete and file documentation of Reasonable Suspicion Observation form immediately and no later than within twenty-four hours or prior to receiving the test results. (403.7E6)
Section IX: Post-Accident Testing.
Instruct driver on procedures to follow in the event of an accident.
Place summary of instructions in each school vehicle with the Iowa Pupil Transportation Association's Transportation Assistance Manual for reference by a driver in the event of an accident. (403.7E9)
Receive notice of accident from driver.
Determine whether post-accident testing must be done. (If any of the following are present, post-accident testing must be done.)
A fatality, other than the driver, occurred.
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.
The driver was cited and one or more motor vehicles incurred disabling damage as a result of the accident, requiring a motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.
Remind the driver of the requirement to remain available for drug and alcohol testing and to not consume alcohol for eight hours after the accident.
Contact the nearest school district transportation director for the location of their collection site using the Iowa Pupil Transportation Association's Transportation Emergency Assistance Manual.
Make arrangements for the driver to be tested for alcohol within two hours and no later than eight hours after the accident.
The reason for failing to have an alcohol test after two hours but prior to eight hours after the accident must be documented and filed.
The reason for failing to have an alcohol test prior to eight hours after the accident must be documented and filed.
Make arrangements for the driver to be drug tested as soon as possible and no later than thirty-two hours after the accident.
The reason for failing to have a drug test after thirty-two hours after the accident must be documented and filed.
________Medical attention to the driver is not denied in order to conduct the drug and alcohol tests.
Alcohol and drug test results conducted by law enforcement in accordance with the federal regulations may be used to meet the post-accident drug and alcohol testing requirements if the school district receives a copy of the test results.
Notify insurance company of all accidents, whether post-accident drug and alcohol testing was required and ask the insurance company to maintain a list of all accidents reported so a list of all accidents may be easily complied in the event of a U.S. DOT audit.
404 - Employee Conduct and Appearance
404 - Employee Conduct and AppearanceEmployees are role models for the students who come in contact with them during and after school hours. The board recognizes the positive effect employees can have on students in this capacity. To this end, the board strongly suggests and encourages employees to dress themselves, groom themselves and conduct themselves in a manner appropriate to the educational environment.
Employees will conduct themselves in a professional manner. Employees will dress in attire appropriate for their position. Clothing should be neat, clean, and in good taste. Discretion and common sense call for an avoidance of extremes which would interfere with or have an effect on the educational process.
Licensed employees of the school district will follow the code of ethics for their profession as established by the Iowa Board of Educational Examiners.
Legal Reference: Iowa Code § 279.8 (2001).
282 I.A.C. 13.
Cross Reference: 307 Administrator Code Of Ethics
401.1 Employee Orientation
403.6 Harassment
403.7 Substance-Free Workplace
407 Licensed Employee Termination of Employment
413 Classified Employee Termination of Employment
Approved 01-15-90
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03
404.1R1 - Employee Conduct Regulation
404.1R1 - Employee Conduct RegulationI. 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. Will not without just cause restrain the student from independent action in a pursuit of learning and will not without just cause deny the student access to varying points of view.
b. Will not deliberately suppress or distort subject matter for which the educator bears responsibility.
c. Will make reasonable effort to protect the student from conditions harmful to learning or to health and safety.
d. Will conduct professional business in such a way that the educator does not expose the student to unnecessary embarrassment or disparagement.
e. Will not on the ground of race, color, creed, age, sex, 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.
f. Will not use professional relationships with students for private advantage.
g. Will 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. Will not tutor for remuneration students assigned to the educator's classes, unless no other qualified teacher is reasonably available.
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. Will not misrepresent an institution or organization with which the educator is affiliated and will take adequate precautions to distinguish between personal and institutional or organizational views.
d. Will not sue institutional privileges for monetary private gain or to promote political candidates or partisan political activities.
e. Will accept no gratuities, gifts, or favors that might impair or appear to impair professional judgment, 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. Will not discriminate on the ground of race, sex, age, physical handicap, marital status, color, creed or national origin for membership in the profession, nor interfere with the participation or nonparticipation of colleagues in the affairs of their professional association.
b. Will accord just and equitable treatment to all members of the profession in the exercise of their professional rights and responsibilities.
c. Will not use coercive means or promise special treatment in order to influence professional decisions of colleagues.
d. Will withhold and safeguard information acquired about colleagues in the course of employment, unless disclosure serves professional purposes.
e. Will not refuse to participate in a professional inquiry when requested by the commission board.
f. Will 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. Will not misrepresent professional qualifications.
h. Will 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. Will 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. Will not knowingly withhold information regarding a position from an applicant or misrepresent an assignment or conditions of employment.
d. Will give prompt notice to the employing agency of any change in availability of service, and the employing agent will give prompt notice of change in availability or nature of a position.
e. Will 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. Will not delegate assigned tasks to unqualified personnel.
g. Will use time or funds granted for the purpose for which they were intended.
405 - Licensed Employees - General
405 - Licensed Employees - General dawn.gibson.cm… Mon, 08/21/2023 - 10:22405.1 - Licensed Employee Defined
405.1 - Licensed Employee DefinedLicensed employees, including administrators, are those employees required to hold an appropriate license from the Iowa Department of Education for their position as required by the Board of Educational Examiners or others with professional licenses. Licenses required for a position will be considered met if the employee meets the requirements established by the Iowa Department of Education.
It is the responsibility of the superintendent to establish job specifications and job descriptions for licensed employees' positions, other than the position of the superintendent. Job descriptions may be approved by the board.
Licensed employees must present evidence of current license to the board secretary-treasurer prior to payment of salary each year.
Legal Reference: Clay v. Independent School District of Cedar Falls, 187 Iowa
89, 174 N.W. 47 (1919).
Iowa Code §§ 256.7(3); 272.6; 272A; 279.8; 294.1 (2001).
282 I.A.C. 14.
281 I.A.C. 12.4; 41.25.
1940 Op. Att'y Gen. 375.
Cross Reference: 405.2 Licensed Employee Qualifications, Recruitment Selection
410.1 Substitute Teachers
411.1 Classified Employee Defined
Approved 01-15-90
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03
405.2 - Licensed Employee Qualifications, Recruitment, Selection
405.2 - Licensed Employee Qualifications, Recruitment, SelectionPersons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," will have an opportunity to apply and qualify for licensed positions in the school district without regard to age, race, creed, color, sex, national origin, socioeconomic status, sexual orientation, gender identity, religion or disability. Job applicants for licensed positions will be considered on the basis of the following:
· Training, experience, and skill;
· Nature of the occupation;
· Demonstrated competence; and
· Possession of, or ability to obtain, state license if required for the position.
All job openings shall be submitted to the Iowa Department of Education for posting on Teach Iowa, the online state job posting system. Additional announcements of the position is may occur in a manner which the superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired.
The board will employ licensed employees after receiving a recommendation from the superintendent. However, the superintendent will have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding qualifications, recruitment and selections of such employees is followed.
Legal Reference: 29 U.S.C. §§ 621-634 (1994).
42 U.S.C. §§ 2000e et seq. (1994).
42 U.S.C. §§ 12101 et seq. (1994).
Iowa Code §§ 20; 35C; 216; 294.1 (2001).
281 I.A.C. 12.
282 I.A.C. 14.
1980 Op. Att'y Gen. 367.
Cross Reference: 401.2 Equal Employment Opportunity
405 Licensed Employees - General
410.1 Substitute Teachers
Approved 01-15-90
Reviewed 12-21-92; 11-17-03; 02-19-07; 11-17-08; 07-11-11; 04-06-16
Revised 01-19-93; 12-15-03; 12-15-08
405.3 - Licensed Employee Individual Contracts
405.3 - Licensed Employee Individual ContractsThe board will enter into a written contract with licensed employees, other than administrators, employed on a regular basis. Each contract will be for a period of one year.
It is the responsibility of the superintendent to complete the contracts for licensed employees and present them to the board for approval. The contracts, after being signed by the board president, are returned to the superintendent. The superintendent will obtain the employee's signature. After being signed, the contract is filed with the board secretary-treasurer.
Legal Reference: Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).
Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 467 (1927).
Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).
Iowa Code chs. 20; 279 (2001).
Cross Reference: 405.2 Licensed Employee Qualifications, Recruitment, Selection
405.4 Licensed Employee Continuing Contracts
407 Licensed Employee Termination of Employment
Approved 01-15-90
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03
405.4 - Licensed Employee Continuing Contracts
405.4 - Licensed Employee Continuing ContractsContracts entered into with licensed employees, other than an administrator, will continue from year to year unless the contract states otherwise, is modified by mutual agreement between the board and the employee, or the contract is terminated by the board.
The first three years of a new licensed employee's contract is a probationary period unless the employee has already successfully completed the three year probationary period. New employees who have successfully completed a probationary period in a previous Iowa school district will serve a one year probationary period. In the event of termination of the employee's contract during this period, the board will afford the licensed employee appropriate due process. The action of the board will be final.
Licensed employees whose contracts will be recommended for termination by the board will receive notice prior to April 30. The superintendent will make a recommendation to the board for the termination of the licensed employee's contract.
Licensed employees who wish to resign, to be released from a contract, or to retire must comply with board policies in those areas.
Legal Reference: Ar-We-Va Community School District v. Long and Henkenius, 292 N.W.2d 402 (Iowa 1980).
Bruton v. Ames Community School District, 291 N.W.2d 351 (Iowa 1980).
Hartman v. Merged Area VI Community College, 270 N.W.2d 822 (Iowa 1978).
Keith v. Community School District of Wilton in the Counties of Cedar and Muscatine, 262 N.W.2d 249 (Iowa 1978).
Iowa Code §§ 20; 272; 279.12-.19B, .27; 294.1 (2001).
Cross Reference: 405.3 Licensed Employee Individual Contracts
405.9 Licensed Employee Probationary Status
407 Licensed Employee Termination of Employment
Approved 01-15-90
Reviewed 02-18-93; 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 03-15-93; 12-15-03
405.5 - Licensed Employee Work Day
405.5 - Licensed Employee Work DayThe work day for licensed employees will begin each day of the school year at a time established by the superintendent. Licensed employees who are employed only during the academic year will have the same work day as other licensed employees. "Day" is defined as one work day regardless of full-time or part-time status of an employee.
Licensed employees are to be in their assigned school building during the work day. Advance approval to be absent from the school building must be obtained from the principal whenever the licensed employees must leave the school building during the work day.
The building principal is authorized to make changes in the work day in order to facilitate the education program. These changes are reported to the superintendent.
The work day outlined in this policy is a minimum work day. Nothing in this policy prohibits licensed employees from working additional hours outside the work day.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding work day of such employees will be followed.
Legal Reference: Iowa Code §§ 20; 279.8 (2001).
Cross Reference: 200.3 Powers of the Board of Directors
Approved 12-15-03
Reviewed 02-19-07; 07-11-11; 04-06-16
Revised
405.6 - Licensed Employee Assignment
405.6 - Licensed Employee AssignmentDetermining the assignment of each licensed employee is the responsibility of and within the sole discretion of the board. In making such assignments the board will consider the qualifications of each licensed employee and the needs of the school district.
It is the responsibility of the superintendent to make recommendations to the board regarding the assignment of licensed employees.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding assignment of such employees will be followed.
Legal Reference: Iowa Code §§ 20.9; 279.8 (2001).
Cross Reference: 200.3 Powers of the Board of Directors
Approved 01-15-90
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03
405.7 - Licensed Employee Transfers
405.7 - Licensed Employee TransfersDetermining 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 will consider the qualifications of each licensed employee and the needs of the school district.
A transfer may be initiated by the employee, the principal, or the superintendent.
It is the responsibility of the superintendent to make recommendations to the board regarding the transfer of licensed employees.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding transfers of employees will be followed.
Legal Reference: Iowa Code §§ 20.9; 216.14; 279.8 (2001).
Cross Reference: 405.2 Licensed Employee Qualifications, Recruitment, Selection
405.6 Licensed Employee Assignment
Approved 12-15-03
Reviewed 02-19-07; 07-11-11; 04-06-16
Revised __________
405.8 - Licensed Employee Evaluation
405.8 - Licensed Employee EvaluationEvaluation of licensed employees on their skills, abilities, and competence is an ongoing process supervised by the building principals and conducted by approved evaluators. The goal of the formal evaluation of licensed employees, other than administrators, but including extracurricular employees, is to improve the education program, to maintain licensed employees who meet or exceed the board's standards of performance, to clarify the licensed employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.
The formal evaluation criteria is in writing and approved by the board. The formal evaluation will provide an opportunity for the evaluator and the licensed employee to discuss the past year's performance and the future areas of growth. The formal evaluation is completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file. This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence.
Licensed employees will be required to:
- Demonstrate the ability to enhance academic performance and support for and implementation of the school district’s student achievement goals.
- Demonstrate competency in content knowledge appropriate to the teaching position.
- Demonstrate competency in planning and preparation for instruction.
- Use strategies to deliver instruction that meets the multiple learning needs of students.
- Use a variety of methods to monitor student learning.
- Demonstrate competence in classroom management.
- Engage in professional growth.
- Fulfill professional responsibilities established by the school district.
It is the responsibility of the superintendent to ensure licensed employees are evaluated. New and probationary licensed employees are evaluated at least twice each year.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding evaluation of such employees will be followed.
Legal Reference: Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).
Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).
Iowa Code §§ 20.9; 279.14, .19, .27 (2001).
281 I.A.C. 12.3(4).
Cross Reference: 405.2 Licensed Employee Qualifications, Recruitment, Selection
405.9 Licensed Employee Probationary Status
Approved 01-15-90
Reviewed 11-17-03; 02-19-07; 07-11-11; 10-17-11; 04-06-16
Revised 12-15-03; 11-21-11
405.9 - Licensed Employee Probationary Status
405.9 - Licensed Employee Probationary StatusThe first three years of a new licensed employee's contract is a probationary period unless the employee has already successfully completed the probationary period in an Iowa school district. New employees who have successfully completed a probationary period in a previous Iowa school district will serve a one year probationary period. For purposes of this policy, an employee will have met the requirements for successfully completing a probationary period in another Iowa school district if, at the teacher’s most recent performance evaluation, the teacher received at least a satisfactory or better evaluation and the individual has not engaged in conduct which would disqualify the teacher for a continuing contract.
Only the board, in its discretion, may waive the probationary period. The board may extend the probationary period for one additional year with the consent of the licensed employee. The board will make the decision to extend or waive a licensed employee's probationary status based upon the superintendent's recommendation. During this probationary period the board may terminate the licensed employee's contract at year-end or discharge the employee in concert with corresponding board policies.
Licensed employees may also serve a probationary period based upon their performance. Such probationary period is 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.
Legal Reference: Iowa Code §§ 279.12-.19B (2001).
Cross Reference: 405.4 Licensed Employee Continuing Contracts
405.8 Licensed Employee Evaluation
Approved 01-15-90
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03
406 - Licensed Employees Compensation and Benefits
406 - Licensed Employees Compensation and Benefits dawn.gibson.cm… Thu, 08/17/2023 - 10:25406.1 - Licensed Employee Salary Schedule
406.1 - Licensed Employee Salary ScheduleThe board will establish salary schedules for licensed employees' positions keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other factors deemed relevant by the board.
It is the responsibility of the superintendent to make a recommendation to the board annually regarding the salary schedule. The salary schedule is subject to review and modification through the collective bargaining process.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding wages and salaries of such employees will be followed.
Legal Reference: Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2001).
Cross Reference: 405 Licensed Employees - General
406.2 Licensed Employee Salary Schedule Advancement
Approved 12-15-03
Reviewed 02-19-07; 07-11-11; 04-06-16
Revised __________
406.2 - Licensed Employee Salary Schedule Advancement
406.2 - Licensed Employee Salary Schedule AdvancementThe board will determine which licensed employees will advance on the salary schedule for the licensed employees' positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.
It is the responsibility of the superintendent to make a recommendation to the board for the advancement of licensed employees on the salary schedule.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding salary schedule advancement of such employees will be followed.
Legal Reference: Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2001).
Cross Reference: 405 Licensed Employees - General
406 Licensed Employee Compensation and Benefits
Approved 12-15-03
Reviewed 02-19-07; 07-11-11; 04-06-16
Revised _________
406.3 - Licensed Employee Continued Education Credit
406.3 - Licensed Employee Continued Education CreditContinued education on the part of licensed employees may entitle them to advancement on the salary schedule. Licensed employees who have completed additional hours will be considered for advancement on the salary schedule. The board will determine which licensed employees will advance on the salary schedule for continued education keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and any other items deemed relevant by the board.
Licensed employees who wish to obtain additional education for advancement on the salary schedule must notify their supervisor no later than 30 days after the commencement of the school year. This additional education must be in the same area as the education that was required of the employee to hold the employee's current position with the school district. For purposes of illustration only, a math teacher would advance on the salary schedule only if the additional education was in math courses. The superintendent has the discretion to approve credit outside the employee's area of endorsement or responsibility.
It is the responsibility of the superintendent to make a recommendation to the board for the advancement of a licensed employee on the salary schedule.
The requirements stated in the Master Contract between licensed employees in a certified collective bargaining unit and the board regarding continued education credit of such employees will be followed.
Legal Reference: Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2001).
Cross Reference: 405 Licensed Employees - General
406 Licensed Employee Compensation and Benefits
Approved 12-15-03
Reviewed 02-19-07; 07-11-11; 04-06-16
Revised __________
406.4 - Licensed Employee Compensation for Extra Duty
406.4 - Licensed Employee Compensation for Extra DutyA licensed employee may volunteer or be required to take on extra duty, with the extra duty being secondary to the major responsibility of the licensed employee. The board will establish a salary schedule for extra duty licensed employee positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.
Vacant extra duty positions, for which extra compensation will be earned, will be posted to allow qualified licensed employees to volunteer for the extra duty. If no licensed employee volunteers for extra duty, the superintendent will assign the extra duty positions to qualified licensed employees. The licensed employee will receive compensation for the extra duty required to be performed.
It is the responsibility of the superintendent to make a recommendation to the board annually as to which licensed employees will have the extra duty, and the salary schedule for extra duty, for the board's review.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the compensation for extra duties of such employees will be followed.
Legal Reference: Iowa Code §§ 20.1, .4, .7, .9; 279.8, .13-.15, .19A-B (2001).
Cross Reference: 405 Licensed Employees - General
406 Licensed Employee Compensation and Benefits
Approved 12-15-03
Reviewed 02-19-07; 07-11-11; 04-06-16
Revised __________
406.5 - Licensed Employee Group Insurance Benefits
406.5 - Licensed Employee Group Insurance BenefitsLicensed employees are eligible for group insurance and health benefits. The board will 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 will have the authority and right to change or eliminate group insurance programs for its licensed employees.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the group insurance benefits of such employees will be followed.
Legal Reference: Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B (2001).
Cross Reference: 405.1 Licensed Employee Defined
Approved 01-15-90
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03
406.6 - Licensed Employee Tax Shelter Programs
406.6 - Licensed Employee Tax Shelter ProgramsThe board authorizes the administration as of January 1, 2009 tax sheltered annuities will no longer be offered to our employees.
Legal Reference: Small Business Job Protection Act of 1996, Section 1450(a), repealing portions of IRS REG § 1.403(b)-1(b)(3).
Iowa Code §§ 20.9; 260C; 273; 294.16 (2001).
1988 Op. Att'y Gen. 38.
1976 Op. Att'y Gen. 462, 602.
1966 Op. Att'y Gen. 211, 220.
Cross Reference: 706 Payroll Procedures
Approved 01-15-90
Reviewed 05-18-92; 11-17-03; 02-19-07; 01-19-09; 07-11-11; 04-06-16
Revised 06-15-92; 12-15-03; 02-09-09
406.6E1 - Letter to Collective Bargaining Representative
406.6E1 - Letter to Collective Bargaining RepresentativeDear Collective Bargaining Representative:
Option I
On (date) I will be recommending the implementation of the attached policy to the board. The policy will become effective immediately upon the final approval of the board and will apply to all school district employees. Should you have any questions or concerns regarding the attached policy, please contact me by (date).
OR
Option II
Pursuant to Iowa Code 20.9, I am notifying you, as the (local association president/UniServ director), of our intent to adopt the attached policy. If you elect to bargain over the subject matter addressed in the attached policy on behalf of the (name of the association/union), please contact me by (date).
Sincerely,
Superintendent/Negotiator
Dreamfield Community School District
cc: School Attorney/Negotiator
407 - Licensed Employee Termination of Employment
407 - Licensed Employee Termination of Employment dawn.gibson.cm… Mon, 08/21/2023 - 09:56407.1 - Licensed Employee Resignation
407.1 - Licensed Employee ResignationA licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the board for return of the contract. This applies to regular contracts for the licensed employee's regular duties and for an extracurricular contract for extra duty. 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 and the licensed employee is continuing to be employed by the school district.
Legal Reference: Iowa Code §§ 91A.2, .3, .5; 279.13, .19A (2001).
Cross Reference: 405.3 Licensed Employee Individual Contracts
405.4 Licensed Employee Continuing Contracts
407 Licensed Employee Termination of Employment
Approved 01-15-90
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03
407.2 - Licensed Employee Contract Release
407.2 - Licensed Employee Contract ReleaseLicensed employees who wish to be released from an executed contract must give at least twenty-one days notice to the superintendent. Licensed employees may be released at the discretion of the board. Only in unusual and extreme circumstances will the board release a licensed employee from a contract. The board will have sole discretion to determine what constitutes unusual and extreme circumstances.
Release from a contract will be contingent upon finding a suitable replacement. Licensed employees requesting release from a contract after it has been signed and before it expires may be required to pay the board for expenses incurred to locate and hire a suitable replacement. Upon written mutual agreement between the employee and the superintendent, the costs may be deducted from the employee's salary. Payment of these costs is a condition for release from the contract at the discretion of the board. Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.
The superintendent is authorized to file a complaint with the Board of Educational Examiners against a licensed employee who leaves without proper release from the board.
Legal Reference: Iowa Code §§ 216; 272; 279.13, .19A, .46 (2001).
1978 Op. Att'y Gen. 247.
1974 Op. Att'y Gen. 11, 322.
Cross Reference: 405.3 Licensed Employee Individual Contracts
405.4 Licensed Employee Continuing Contracts
407.3 Licensed Employee Retirement
Approved 01-15-90
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03
407.3 - Licensed Employee Retirement
407.3 - Licensed Employee RetirementLicensed employees who will complete their current contract with the board may apply for retirement. No licensed employee will be required to retire at a specific age.
Application for retirement will be considered made when the licensed employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board, the intent of the employee to retire. The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent. Applications made after the date set by the board for the return of the employee's contract to the board may be considered by the board if special circumstances exist. It is within the discretion of the board to determine whether special circumstances exist.
Board action to approve a licensed employee's application for retirement is final and such action constitutes nonrenewal of the employee's contract for the next school year.
Licensed employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.
Licensed employees and their spouse and dependents are allowed to continue coverage in the school district's group health insurance program at their own expense by meeting the requirements of the insurer.
Legal Reference: Iowa Code §§ 97B; 216; 279.46 (2001).
581 I.A.C. 21.
1978 Op. Att'y Gen. 247.
1974 Op. Att'y Gen. 11, 322.
Cross Reference: 401.14 Recognition for Service of Employees
407.4 Licensed Employee Early Retirement
Approved 01-15-90
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03
407.4 - Licensed Employee Suspension
407.4 - Licensed Employee SuspensionLicensed employees will perform their assigned job, respect and follow board policy and obey the law. The superintendent is authorized to suspend a licensed employee pending board action on a discharge, for investigation of charges against the employee, and for disciplinary purposes. It is within the discretion of the superintendent to suspend a licensed employee with or without pay.
In the event of a suspension, appropriate due process will be followed.
Legal Reference: Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (Iowa 1987).
McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).
Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2001).
Cross Reference: 404 Employee Conduct and Appearance
407 Licensed Employee Termination of Employment
Approved 01-15-90
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03
407.5 - Licensed Employee Reduction in Force
407.5 - Licensed Employee Reduction in ForceThe board has the exclusive authority to determine the appropriate number of licensed employees. A reduction of licensed employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, and other reasons deemed relevant by the board.
The reduction in licensed employees, other than administrators, will be done through normal attrition if possible. If normal attrition does not meet the necessary reduction in force required, the board may terminate licensed employees.
It is the responsibility of the superintendent to make a recommendation for termination to the board. The 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 licensed employees.
Due process for terminations due to a reduction in force will be followed.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the reduction in force of such employees will be followed.
Legal Reference: Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2001).
Cross Reference: 407.5 Licensed Employee Suspension
413.6 Classified Employee Reduction in Force
703 Budget
Approved 12-15-03
Reviewed 02-19-07; 07-11-11; 04-06-16
Revised __________
407.6 - Voluntary Early Retirement Program for Full-Time Staff
407.6 - Voluntary Early Retirement Program for Full-Time StaffThe Gilmore City-Bradgate Community School District Board of Directors offers a voluntary retirement incentive to its certified teaching staff, support staff, and administrators under the following terms and conditions:
It is the intention of the Gilmore City-Bradgate Community School District to provide a supplemental benefit as a consequence of early retirement, which benefit can be elected by the employee after that employee’s fifty-fifth (55) birthday.
It is the expressed intent of this Board of Directors to not create any age discrimination in this policy, but rather to reward years of service by the employee to the district.
I. For benefits to be payable, the employee must:
- Have reached the age 55 or will reach age 55 before July 1 of the year when the early retirement would commence.
- Be currently under contract and in good standing with the district; and not have received a notice of staff reduction or notice of termination prior to submitting the resignation and election for early retirement.
- Have completed a total of fifteen (15) years of service to the Gilmore City-Bradgate Community School District. The last ten (10) years of service must be continuous employment.
- Submit an application for the program prior to March 1 of the calendar year when the early retirement program would commence.
- Submit a written resignation from their current contract effective at the end of the current school year.
- Be currently under a full-time contract.
- If the Board of Directors rejects the application for early retirement benefits, the resignation shall be considered void. A rejection of the request must be program related for the person determined eligible for early retirement and shall state the reasons.
- An employee’s application for early retirement benefits on the form provided is, in itself, not a resignation of a contract with the school district. However, acceptance by the Board of an employee’s resignation and application for early retirement will be considered a voluntary resignation and termination of his/her continuing contract.
- The benefits granted under this policy shall be limited to health insurance costs.
II. Voluntary Early Retirement Benefits:
The benefits shall be based upon the employee’s current salary schedule or annual wage.
An employee who elects to participate in this program will become a retired employee and will be entitled to all rights and privileges of such a retiree under applicable law and the policies of the Gilmore City-Bradgate Community School District.
- Certified Teacher (contracted for full-time teaching contract)
An early retiring certified teacher will receive as a retirement incentive the difference between the BA base and their current annual full-time equivalent salary less extended contract and supplemental pay amounts.
Administrators (contracted for full-time administrative contract)
Administrator benefits will be determined by using their current salary less extended contract and supplemental pay amounts, times 1.5% (.015), multiplied by the total number of years the administrator has served as an administrator in the Gilmore City-Bradgate Community School District.
Full-Time Support Staff (contracted for forty (40) hours or more per week)
Full-time support staff early retirement incentives will be based on the employee’s unused accumulated sick leave up to a maximum of 90 days. The accumulated sick leave shall be multiplied by the employee’s actual per rate of pay for the last year of employment.
- Extra Years of Insurance Premiums
In addition to the above, full time employees will receive an incentive equivalent to one year (first year after retirement) insurance premium plus one additional year (five percent, 5%, increase of the first year after retirement). This incentive will be based on the benefit which the individual was entitled while employed at Gilmore City-Bradgate CSD.
III. Payment of Benefits
The dollar amount of the benefit is to be used to continue paying the employee’s premium for the District’s group health insurance program. Such payments will continue until the dollar amount of the early retirement incentive has been used in its entirety.
- Retiring employees under this program shall be allowed to continue participation in the district’s health insurance programs so long as eligible. This is at the employee’s cost.
- 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 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.
- No interest shall be paid by the District on any accumulated or unused retirement benefit.
- Nothing herein shall limit the district’s ability to change the terms of its existing health and major medical insurance coverage and this policy in no way guarantees a participating employee any certain level of benefits during the employee’s participation in the insurance benefits portion of the early retirement program.
- The Board, in its discretion, may consider early retirement applications that do not meet the general provisions of this policy if special circumstances exist. It shall be within the discretion of the Board to determine whether special circumstances exist.
- In the event the District should cease to exist as a school corporation, the funds authorized above shall be disbursed in totality to the employee based on the Cash amount or the remaining insurance premiums based upon the rates in effect 60 days prior to the effective date of the change of the school district status.
- The Board has complete discretion to offer or not to offer an early retirement plan for employees. The Board may discontinue the school district’s early retirement plan at anytime. The Board will review the policy each year before January 1 and decide whether or not to renew the policy for the following school year.
- The Board, in its discretion, will limit the number of early retirement applications processed each to four (4) a year. This determination will be made on a first come, first served basis. It will greatly benefit early retirement applicants who process their applications early in the school year.
Approved 02-17-92
Reviewed 01-16-95; 01-20-97; 11-17-03; 02-20-06; 02-19-07; 11-17-08; 07-11-11; 09-17-12; 04-06-16
Revised 02-21-95; 02-18-97; 12-15-03; 03-20-06; 08-15-11; 10-15-12
407.6 - Application for Participation in the Voluntary Early Retirement Program for Full-Time Staff
407.6 - Application for Participation in the Voluntary Early Retirement Program for Full-Time StaffI hereby submit my formal application for participation in the voluntary early retirement program. This action is taken in accordance with the Board of Directors Policy No. 407.6 (Voluntary Early Retirement Program for Full-Time Staff).
My resignation from my contract with the District is attached and is made a part of this application. It is my understanding that this application and resignation will be acted upon simultaneously by the Board of Directors.
_________________________________________________ ________________
Signature of Employee Date
_________________________________________________ _________________
Signature of Witness Date
ELECTION OF BENEFIT
As a part of my application for the early retirement program, I hereby select the benefit option indicated below. All benefits are subject to Policy No. 407.6.
Date of Birth ___________________
II. A. Benefit for (Certified Teacher,
Administrator, or Support Staff) ___________________
II. B. Extra year’s Insurance Premium
Incentive ___________________
Sum of II. A. and II. B.
(Total Incentive Amount) ___________________
________ I hereby elect to receive group health insurance benefits in the amount of my benefit value.
_________________________________________________ ________________
Signature of Employee Date
DESIGNATION OF BENEFICIARY
I hereby designate _________________________________________________________
_____________________________________, ________________________________,
street address city
as my beneficiary.
________________________ ________________________________________
Date Signature of Employee
________________________ ________________________________________
Date Signature of Witness Date
RESIGNATION OF CONTINUING CONTRACT
I hereby submit my resignation from my position with the Gilmore City-Bradgate Community School District effective at the end of the current year.
_______________________________ ____________________________________
Date Signature of Employee
_______________________________ ____________________________________
Date Signature of Wittness
BOARD OF DIRECTORS ACTION
Dear______________________,
The Board of Directors of the Gilmore City-Bradgate Community School District approved the application for voluntary early retirement benefits and accepted the resignation from your position effective at the end of the current school year at their meeting held on ____________________________________.
_______________________________ ____________________________________
Date Board President
_______________________________ ____________________________________
Date Board Secretary
408 - Licensed Employees Professional Growth
408 - Licensed Employees Professional Growth dawn.gibson.cm… Mon, 08/21/2023 - 09:51408.1 - Licensed Employee Professional Development
408.1 - Licensed Employee Professional DevelopmentThe board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills. The board will maintain and support an in-service program for licensed employees. Professional development activities will include activities that promote and/or teach about compliance with applicable Iowa laws.
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 by the superintendent must be obtained prior to attendance by a licensed employee in a professional development program when the attendance would result in the licensed employee being excused from their duties or when the school district pays the expenses for the program.
The superintendent will have sole discretion to allow or disallow licensed employees to attend or participate in the requested event. When making this determination, the superintendent will consider the value of the program for the licensed employee and the school district, the effect of the licensed employee's absence on the education program and school district operations and the school district's financial situation as well as other factors deemed relevant in the judgment of the superintendent. Requests that involve unusual expenses or overnight travel must also be approved by the board.
NOTE: This is a mandatory policy.
NOTE: Boards should adapt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.).
Legal Reference: Iowa Code § 279.8 (2001).
281 I.A.C. 12.7.
Cross Reference: 405.10 Licensed Employee Organization Affiliation
414.10 Classified Employee Professional Purposes Leave
Approved 01-15-90
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03; 12-12-22
408.2 - Licensed Employee Publication or Creation of Materials
408.2 - Licensed Employee Publication or Creation of MaterialsMaterials created by licensed employees and the financial gain there from 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 licensed employee's employment. The licensed employee must seek prior written approval of the superintendent concerning such activities.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 401.3 Employee Conflict of Interest
606.6 Student Production of Materials and Services
Approved 01-15-90
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03
408.3 - Licensed Employee Tutoring
408.3 - Licensed Employee TutoringEvery effort will be made by the licensed 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 licensed employees may be approved by the superintendent.
Licensed 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 may not take place within school facilities or during regular school hours unless approved by the superintendent.
Legal Reference: Iowa Code §§ 20.7; 279.8 (2001).
Cross Reference: 401.3 Employee Conflict of Interest
402.7 Employee Outside Employment
Approved 01-15-90
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03
409 - Licensed Employee Vacations and Leaves of Absence
409 - Licensed Employee Vacations and Leaves of Absence dawn.gibson.cm… Mon, 08/21/2023 - 09:23409.1 - Licensed Employee Vacation - Holidays - Personal Leave
409.1 - Licensed Employee Vacation - Holidays - Personal LeaveThe board will determine the amount of vacation, holidays, and personal leave that will be allowed on an annual basis for licensed employees.
It is the responsibility of the superintendent to make a recommendation to the board annually on vacations, holidays, and personal leave for licensed employees.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the vacations, holidays and personal leave of such employees will be followed.
Legal Reference: Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (2001).
Cross Reference: 414.1 Classified Employee Vacations - Holidays - Personal Leave
601.1 School Calendar
Approved 12-15-03
Reviewed 02-19-07; 07-11-11; 04-06-16
Revised __________
409.2 - Licensed Employee Personal Illness Leave
409.2 - Licensed Employee Personal Illness LeaveLicensed employees will be granted ten days of sick leave in their first year of employment. Each year thereafter, one additional day of sick leave will be granted to the licensed employees up to a maximum of fifteen days. "Day" is defined as one work day regardless of full-time or part-time status of the employee. A new employee will report for work at least one 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.
Sick leave may be accumulated up to a maximum of 100 days for licensed employees.
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 is within the discretion of the board or the superintendent to determine the type and amount of evidence necessary. When an illness leave will be greater than three consecutive days, the employee will comply with the board policy regarding family and medical leave.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the personal illness leave of such employees will be followed.
Legal Reference: Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
26 U.S.C. §§ 2601 et seq. (Supp. 1994)
29 C.F.R. Pt. 825 (1999).
Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2001).
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.
1952 Op. Att'y Gen. 91.
Cross Reference: 403.2 Employee Injury on the Job
409.3 Licensed Employee Family and Medical Leave
409.9 Licensed Employee Unpaid Leave
Approved 12-15-03
Reviewed 02-19-07; 07-11-11; 04-06-16
Revised
409.3 - Licensed Employee Family and Medical Leave
409.3 - Licensed Employee Family and Medical LeaveUnpaid 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 school year. Requests for family and medical leave will be made to the superintendent.
Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules. Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave. It is the responsibility of the superintendent to develop administrative rules to implement this policy.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding family and medical leave of such employees will be followed.
Legal Reference: Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).
26 U.S.C. §§ 2601 et seq. (Supp. 1994)
29 C.F.R. Pt. 825 (1999).
Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2001).
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.
1952 Op. Att'y Gen. 91.
Cross Reference: 409.2 Licensed Employee Personal Illness Leave
409.9 Licensed Employee Unpaid Leave
414.3 Classified Employee Family and Medical Leave
Approved 12-15-03
Reviewed 02-19-07; 09-22-09; 07-11-11; 04-06-16
Revised 10-22-09
409.3E1 - Licensed Employee Family and Medical Leave Notice to Employees
409.3E1 - Licensed Employee Family and Medical Leave Notice to EmployeesSee attached form.
409.3E2 - Licensed Employee Family and Medical Leave Notice to Employee
409.3E2 - Licensed Employee Family and Medical Leave Notice to EmployeeDate:
I, , request family and medical leave for the following reason:
(check all that apply)
for the birth of my child;
for the placement of a child for adoption or foster care;
to care for my child who has a serious health condition;
to care for my parent who has a serious health condition;
to care for my spouse who has a serious health condition; or
because I am seriously ill and unable to perform the essential functions of my position.
because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
I acknowledge my obligation to provide medical certification of my serious health condition or that of a family member in order to be eligible for family and medical leave within 15 days of the request for certification.
I acknowledge receipt of information regarding my obligations under the family and medical leave policy of the school district.
I request that my family and medical leave begin on and I request leave as follows: (check one)
(date)
continuous
I anticipate that I will be able to return to work on .
(date)
intermittent leave for the:
birth of my child or adoption or foster care placement subject to agreement by the district
serious health condition of myself, parent, or child when medically necessary
because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
Details of the needed intermittent leave:
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
I anticipate returning to work at my regular schedule on .
(date)
reduced work schedule for the:
birth of my child or adoption or foster care placement subject to agreement by the school district
serious health condition of myself, parent, or child when medically necessary
____ because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
____ because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
Details of needed reduction in work schedule as follows:
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
I anticipate returning to work at my regular schedule on .
(date)
I realize I may be moved to an alternative position during the period of the family and medical intermittent or reduced work schedule leave. I also realize that with foreseeable intermittent or reduced work schedule leave, subject to the requirements of my health care provider, I may be required to schedule the leave to minimize school district operations.
While on family and medical leave, I agree to pay my regular contributions to employer sponsored benefit plans. My contributions will be deducted from moneys owed me during the leave period. If no monies are owed me, I will reimburse the school district by personal check (cash) for my contributions. I understand that I may be dropped from the employer-sponsored benefit plans for failure to pay my contribution.
I agree to reimburse the school district for any payment of my contributions with deductions from future monies owed to me or the school district may seek reimbursement of payments of my contributions in court.
I acknowledge that the above information is true to the best of my knowledge.
Signed _____________________________________________________________________
Date _______________________________________
409.3E3 - Licensed Employee Family and Medical Leave Certification Form
409.3E3 - Licensed Employee Family and Medical Leave Certification Form1. Employee's Name _______________________________________________________________________________
2. Patient's Name (if different from employee) __________________________________________________________
3. The attached sheet describes what is meant by a "serious health condition" under the Family and Medical Leave Act. Does the patient's condition, for which the employee is taking FMLA leave, qualify under any of the categories described? If so, please check the applicable category.
(1) (2) (3) (4) (5) (6)
or None of the above
4. Describe the medical facts which support your certification, including a brief statement as to how the medical facts meet the criteria of one of these categories:
5. a. State the approximate date the condition commenced, and the probable duration of the condition (and also the probable duration of the patient's present incapacity, i.e. inability to work, attend school or perform other regular activities due to the serious health condition, treatment therefor, or recovery therefrom, if different):
b. Will it be necessary for the employee to take work only intermittently or to work on a less than full schedule as a result of the condition (including for treatment described in Item 6 below)?
If yes, give the probable duration:
c. If the condition is a chronic condition (condition #4) or pregnancy, state whether the patient is presently incapacitated and the likely duration and frequency of episodes of incapacity:
6. a. If additional treatments will be required for the condition, provide an estimate of the probable number of such treatments:
If the patient will be absent from work or other daily activities because of treatment on an intermittent or part-time basis, also provide an estimate of the probable number of and interval between such treatments, actual or estimated dates of treatment if known, and period required for recovery if any:
b. If any of these treatments will be provided by another provider of health services (e.g., physical therapist), please state the nature of the treatments:
c. If a regimen of continuing treatment by the patient is required under your supervision, provide a general description of such regimen (e.g. prescription drugs, physical therapy requiring special equipment):
7. a. If medical leave is required for the employee's absence from work because of the employee's own condition (including absences due to pregnancy or a chronic condition), is the employee unable to perform work of any kind?
b. If able to perform some work, is the employee unable to perform any one or more of the essential functions of the employee's job (the employee or the employer should supply you with information about the essential job functions)?
If yes, please list the essential functions the employee is unable to perform.
c. If neither a. nor b. applies, is it necessary for the employee to be absent from work for treatment?
8. a. If leave is required to care for a family member of the employee with a serious health condition, does the patient require assistance for basic medical or personal needs or safety, or for transportation?
b. If no, would the employee's presence to provide psychological comfort be beneficial to the patient or assist in the patient's recovery?
c. If the patient will need care only intermittently or on a part-time basis, please indicate the probable duration of this need:
_______________________________________ __________________________________________________
(Signature of Health Care Provider) (Type of Pracice)
_______________________________________ __________________________________________________
(Address) (Telephone Number)
To be completed by the employee needing family leave to care for a family member.
State the care you will provide and an estimate of the period during which care will be provided, including a schedule if leave is to be taken intermittently or if it will be necessary for you to work less than a full schedule:
_______________________________________ __________________________________________________
(Employee Signature) (Date)
A serious health condition means an illness, injury impairment, or physical or mental condition that involves one of the following:
1. Hospital Care - In patient care (i.e. an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.
2. Absence Plus Treatment - A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:
a. treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider or by a provider of health care services (e.g. physical therapist) under the orders of, or on referral by, a health care provider; or
b. treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
3. Pregnancy - Any period of incapacity due to pregnancy or for prenatal care.
4. Chronic Conditions Requiring Treatments - A chronic condition which:
a. requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
b. continues over an extended period of time (including recurring episodes of a single underlying condition); and
c. may cause episodic rather than a period of incapacity (e.g. asthma, diabetes, epilepsy, etc.).
5. Permanent/Long-term Conditions Requiring Supervision - A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.
6. Multiple Treatments (Non-chronic Conditions) - Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment such as cancer (chemotherapy), radiation, etc.), severe arthritis (physical therapy) and kidney disease (dialysis).
409.3E4 - Licensed Employee Family and Medical Leave Request Worksheet
409.3E4 - Licensed Employee Family and Medical Leave Request WorksheetComplete this work sheet upon receiving a request for family and medical leave that may qualify under the Family Medical Leave Act. Be sure to note the requirements relating to family and medical leave in the school district's policy/collective bargaining agreement prior to relying on this work sheet as the sole source of the school district's obligations. Also be sure to note the definitions in Regulation 409.3R2.
Section I: Eligible Employee. (Please check all that apply.)
Covered by a policy/collective bargaining agreement. (If checked, please move to Section II.)
The employee must meet all criteria below to move to Section II.
50 or more employees are on the payroll of or under contract to the school district.
Worked 52 weeks in the school district (consecutive or nonconsecutive). OR
Worked 12 months in the school district (consecutive or nonconsecutive).
Worked 1250 hours for the school district in 12 months prior to the request.
Section II: Family and Medical Leave Purpose. (One must be checked to move to Section III.)
Birth and care of newborn prior to first anniversary of child's birth.
Care of adopted child or foster care child prior to first anniversary of placement.
Care for serious health condition of spouse, child, child for which employee is "in loco parentis" and for any of these if they are over eighteen and have a disability which prevents the child from caring for himself or herself.
Requested medical certification for family and medical leave due to a serious health condition of the spouse, parent or child on ).
(date)
Received medical certification within 15 days of the request on ).
(date)
Serious health condition of the employee.
Requested medical certification for family and medical leave due to a serious health condition of the employee on ).
(date)
Received medical certification within 15 days of the request on .
(date)
Other purposes contained in a policy/collective bargaining agreement.
Section III: Timing of Family and Medical Leave Request.
Date of family and medical leave request .
(date)
Date family and medical leave to begin .
(date)
Provide FMLA leave information to employee at time of request on .
(date)
(If one is checked, please move to Section IV.)
Leave request for foreseeable family and medical leave is 30 days prior to date family and medical leave begins.
Leave request for foreseeable family and medical leave is in compliance with policy/collective bargaining agreement.
Leave request for foreseeable family and medical leave was made as soon as practicable, and no later than one business day, prior to date family and medical leave begins.
Leave request for unforeseeable family and medical leave was made in accordance with the policy/collective bargaining agreement timelines.
Section IV: Calculation of Available Family and Medical Leave.
Beginning date for 12-month entitlement period: (Check the method adopted by the school district.)
____ July 1 (fiscal year)
____ January 1 (calendar year)
____ September 1 (school year)
____ First day of rolling forward 12-month entitlement period
____ First day of rolling backward 12-month entitlement period
____ Collective bargaining agreement year
____ Other
Total family and medical leave for the 12-month entitlement period
|
12weeks |
Leave taken to date in the entitlement period |
- |
Leave available for the entitlement period |
|
Section V: Types of Family and Medical Leave. (Please check all that apply.)
Continuous leave for purposes listed in Section II.
Intermittent leave for birth, adoption or foster care placement prior to first anniversary of child's birth or placement with school district approval in accordance with other provisions of the policy/collective bargaining agreement.
Reduced work schedule leave for birth, adoption or foster care placement prior to first anniversary of child's birth or placement with school district approval in accordance with other provisions of the policy/collective bargaining agreement.
Intermittent leave if medically necessary for serious health condition of employee or family member and arranged as much as possible to not disrupt the school district's operation.
Reduced work schedule leave if medically necessary for serious health condition of employee or family member and arranged as much as possible to not disrupt the school district's operation.
Others contained in a policy/collective bargaining agreement. (Please specify.)
Section VI: Paid or Unpaid Family and Medical Leave.
Provide employee notice whether the family and medical leave is paid or unpaid leave after completing the work sheet in accordance with the policy/collective bargaining agreement.
Policy/collective bargaining agreement allows substitution of paid leave for family and medical leave.
Family and medical leave is unpaid leave.
Section VII: Employee Progress Report.
Arrangements are made with the employee to report to the school district on a regular basis during the family and medical leave (please specify).
|
Requested medical recertification for family and medical leave due to a serious health condition of the spouse, parent or child on .
(date)
Received medical recertification within 15 days of the request on
(date)
Section VIII: Employee Benefits During Family and Medical Leave.
The employee's health insurance coverage must be continued during the period of family and medical leave. The school district may choose to continue other employee benefits to ensure their restoration along with the health insurance upon the employee's return to work. The employee will pay the employee's share of health insurance and other benefits during the leave period.
Arrangements have been made with the employee to continue the employee's share of health insurance premiums while on family and medical leave:
From monies due to the employee
By the first of each month from the employee
Other (please specify)
Arrangements have been made with the employee to continue the employee's share of the employee's other benefits while on family and medical leave:
From monies due to the employee
By the first of each month from the employee
Other (please specify)
The employee has chosen to discontinue all employee benefits while on family and medical leave.
Employees who fail to provide payment of the employee's share of benefits premium during the period of family and medical leave have 15 days following notice to pay the employee's share.
Employees who fail to pay within 15 days after receiving notice of payment due may have employee benefits discontinued.
The school district will deduct unpaid employee portion of benefits from monies due to the employee upon return to work, and the employee has signed a written statement authorizing the deduction.
The school district will seek recovery of unpaid employee portion of benefits through small claims court or other appropriate recovery process.
The school district may discontinue the employee's benefits upon receipt of written notice of the employee's intent not to return to work.
Section IX: Key Employees.
Salaried employees among the highest paid ten percent of a school district's employees are considered key employees of the school district.
Year-to-date earnings for employee |
|
|
Total weeks of work and paid leave |
|
/ |
Highest pay for employee |
|
= |
Provide notice to key employees stating they are a key employee and they may not be reinstated at end of the family and medical leave period if substantial and grievous economic injury exists.
Compile data to justify substantial and grievous economic injury. Substantial and grievous economic injury does not include minor inconvenience and costs typical to the normal operation of the school district.
The key employee is entitled to benefits during the family and medical leave in the same manner as other employees.
Section X: Employee's Return to Work.
Employee is fully restored the same or an equivalent position with:
Pay and benefits
Health insurance
Life insurance
Other benefits or requirements in a policy/collective bargaining agreement
409.3R1 - Licensed Employee Family and Medical Leave Regulation
409.3R1 - Licensed Employee Family and Medical Leave RegulationA. School district notice.
1. The school district will post the notice in Exhibit 409.3E1 regarding family and medical leave.
2. Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually. The information will be in the office of the board secretary
3. When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements. Such information will include:
a. a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement or 26 week entitlement depending on the purpose of the leave.
b. a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so or proof of call to active duty in the case of military family and medical leave;
c. an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and
d. a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.
B. Eligible employees.
Employees are eligible for family and medical leave if three criteria are met.
1. The school district has more than 50 employees on the payroll at the time leave is requested;
2. The employee has worked for the school district for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and
3. The employee has worked at least 1,250 hours within the previous year. Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.
C. Employee requesting leave -- two types of leave.
1. Foreseeable family and medical leave.
a. Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.
b. Employee must give at least thirty days notice for foreseeable leave. Failure to give the notice may result in the leave beginning thirty days after notice was received.
c. Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district. The scheduling is subject to the approval of the health care provider.
2. Unforeseeable family and medical leave.
a. Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.
b. Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.
c. A spouse or family member may give the notice if the employee is unable to personally give notice.
D. Eligible family and medical leave determination. The school district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.
1. Six purposes.
a. The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;
b. The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;
c. To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition; or
d. Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.
e. because of a qualifying exigency arising out of the fact that an employee’s _____ spouse;
____ son or daughter; ____ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
f. because the employee is the spouse; ____ son or daughter; _____ parent; ____ next of kin of a covered service member with a serious injury or illness.
2. Medical certification.
a. When required:
(1) Employees shall be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job.
(2) Employees shall be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.
(3) Employees shall be required to present certification of the call to active duty when taking military family and medical leave.
b. Employee's medical certification responsibilities:
(1) The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.
(2) The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the school district has reason to doubt the validity of the certification an employee submits. The second health care provider cannot, however, be employed by the school district on a regular basis.
(3) If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the serious health condition. This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district. This certification or lack of certification is binding upon both the employee and the school district.
c. Medical certification will be required fifteen days after family and medical leave begins unless it is impracticable to do so. The school district may request recertification every thirty days. Recertification must be submitted within fifteen days of the school district's request.
d. Employees taking military caregiver family and medical leave to care for a family services member cannot be required to obtain a second opinion or to prove recertification.
Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification will be denied until such certification is provided.
E. Entitlement.
1. Employees are entitled to twelve weeks unpaid family and medical leave per year. Employees taking military caregiver family and medical leave to care for a family service member are entitled to 26 weeks of unpaid family and medical leave but only in a single 12 month period.
2. Year is defined as: School year
3. If insufficient leave is available, the school district may:
a. Deny the leave if entitlement is exhausted
b. Award leave available
F. Type of Leave Requested.
1. Continuous - employee will not report to work for set number of days or weeks.
2. Intermittent - employee requests family and medical leave for separate periods of time.
a. Intermittent leave is available for:
____ birth, adoption or foster care placement of child only with the school district's agreement.
____ serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.
____ because of a qualifying exigency arising out of the fact that an employee’s _____ spouse; ____ son or daughter; ____ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
____ because the employee is the spouse; ____ son or daughter; _____ parent; ____ next of kin of a covered service member with a serious injury or illness.
b. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.
- During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits.
3. Reduced work schedule-employee requests a reduction in the employee's regular work
schedule.
a. Reduced work schedule family and medical leave is available for:
____ birth, adoption or foster care placement and subject to the school district's agreement.
____ serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.
____ because of a qualifying exigency arising out of the fact that an employee’s _____ spouse; ____ son or daughter; ____ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
____ because the employee is the spouse; ____ son or daughter; _____ parent; ____ next of kin of a covered service member with a serious injury or illness.
b. In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.
- During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and benefits.
G. Special Rules for Instructional Employees.
1. Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting. This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.
2. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent of the work days in the leave period may be required to:
a. Take leave for the entire period or periods of the planned medical treatment; or
b. Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.
3. Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester. The number of weeks remaining before the end of a semester do not include scheduled school breaks, such as summer, winter or spring break.
a. If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.
b. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.
c. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.
4. The entire period of leave taken under the special rules is credited as family and medical leave. The school district will continue to fulfill the school district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.
H. Employee responsibilities while on family and medical leave.
1. Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.
2. The employee contribution payments will be deducted from any money owed to the employee or the employee will reimburse the school district at a time set by the superintendent.
3. An employee who fails to make the health care contribution payments within thirty days after they are due will be notified that their coverage may be canceled if payment is not received within an additional 15 days.
4. An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request.
5. The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.
6. If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return. The school district will cease benefits upon receipt of this notification.
I. Use of paid leave for family and medical leave.
Option I:
An employee may substitute unpaid family and medical leave with any paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement. Paid leave includes, but is not limited to, sick leave, family illness leave, vacation, personal leave, bereavement leave and professional leave. When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.
Option II:
- An employee may substitute unpaid family and medical leave for the serious health condition of the employee with paid sick leave. Upon the expiration of paid leave, the family and medical leave for the serious health condition of the employee is unpaid.
- An employee may substitute unpaid family and medical leave for the serious health condition of an employee's family member with paid sick leave or to care for a family service member. Upon the expiration of paid leave, the family and medical leave for the serious health condition of an employee's family member is unpaid.
- An employee may substitute unpaid family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth with sick and vacation leave. Upon the expiration of paid leave, the family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth is unpaid.
- An employee may substitute unpaid family and medical leave for the placement of a child with the employee for adoption or foster care and in order to care for that child prior to the first anniversary of the child's placement or adoption with sick and vacation leave. Upon the expiration of paid leave, the family and medical leave for prior to the first anniversary of the placement of a child with the employee for adoption or foster care is unpaid.
- When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.
- An employee may substitute unpaid family and medical leave when a family service member is called to active duty or on call to active duty with sick and vacation leave. Upon expiration of the paid leave, the leave is unpaid.
409.3R2 - Licensed Employee Family and Medical Leave Definitions
409.3R2 - Licensed Employee Family and Medical Leave DefinitionsActive Duty – duty under a call or order to active duty under a provision of law referring to in section 101(a) (13) of title 10, U.S. Code.
Common Law Marriage - according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife. There is no time factor that needs to be met in order for there to be a common law marriage.
Continuing Treatment - a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
· A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
-- treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or
-- treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a the health care provider.
· Any period of incapacity due to pregnancy or for prenatal care.
· Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
-- requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
-- Continues over an extended period of time (including recurring episodes of a single underlying condition); and
-- May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
· Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.
· Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
Eligible Employee - the district has more than 50 employees on the payroll at the time leave is requested. The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.
Covered Servicemember – a current member of the Armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness
Essential Functions of the Job - those functions which are fundamental to the performance of the job. It does not include marginal functions.
Employment Benefits - all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."
Family Member - individuals who meet the definition of son, daughter, spouse or parent.
Group Health Plan - any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.
Health Care Provider-
· A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
· Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and
· Nurse practitioners and nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and
· Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts;
· Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;
· A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.
In Loco Parentis - individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.
Incapable of Self-Care - that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or "ADLs." Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.
Instructional employee - an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.
Intermittent Leave - leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.
Medically Necessary - certification for medical necessity is the same as certification for serious health condition.
"Needed to Care For" - the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care. For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment. It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.
Next of Kin – an individual’s nearest blood relative
Parent - a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child. Parent does not include parent-in-law.
Physical or mental disability - a physical or mental impairment that substantially limits one or more of the major life activities of an individual.
Reduced leave schedule - a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.
Serious health condition
· An illness, injury, impairment, or physical or mental condition that involves:
- Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to theserious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
- Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes:
-- A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
-- Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services(e.g., physical therapist) under orders or, or on referral by, a health care provider; or
-- Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
-- Any period of incapacity due to pregnancy or for prenatal care.
-- Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
-- Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
-- Continues over an extended period of time (including recurring episodes of s single underlying condition); and
-- May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
-- A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's a severe stroke or the terminal stages of a disease.
-- Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
· Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition. Treatment does not include routine physical examinations, eye examinations or dental examinations. Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen). A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
· Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop. Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave. Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met. Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
· Substance abuse may be a serious health condition if the conditions of this section are met. However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider. On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.
· Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days. For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level. An employee who is pregnant may be unable to report to work because of severe morning sickness.
Serious Injury or Illness – an injury or illness incurred by a member of the Armed forces, including the National Guard or reserves in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.
Son or daughter - a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis. The child must be under age 18 or, if over 18, incapable of self-care because of a mental or physical disability.
Spouse - a husband or wife recognized by Iowa law including common law marriages.
409.4 - Licensed Employee Bereavement Leave
409.4 - Licensed Employee Bereavement LeaveBereavement leave may be granted to a licensed employee for no more than five (5) days, with "day" being defined as one work day regardless of full-time or part-time status of the employee, per death.
It is within the discretion of the superintendent to determine the number of bereavement leave days to be granted.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the bereavement leave of such employees is followed.
Legal Reference: Iowa Code §§ 20.9; 279.8 (2001).
Cross Reference: 409 Licensed Employee Vacations and Leaves of Absence
Approved 12-15-03
Reviewed 02-19-07; 07-11-11; 04-06-16
Revised
409.5 - Licensed Employee Political Leave
409.5 - Licensed Employee Political LeaveThe board will provide a leave of absence to licensed employees to run for elective public office. The superintendent will grant a licensed employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.
The licensed employee will be entitled to one period of leave to run for the elective public office, and the leave may commence within thirty days of a contested primary, special, or general election and continue until the day following the election.
The request for leave must be in writing to the superintendent of schools at least thirty days prior to the starting date of the requested leave.
Legal Reference: Iowa Code ch. 55 (2001).
Cross Reference: 401.15 Employee Political Activity
409 Licensed Employee Vacations and Leaves of Absence
Approved 1-15-90
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03
409.6 - Licensed Employee Jury Duty Leave
409.6 - Licensed Employee Jury Duty LeaveThe board will allow licensed employees to be excused for jury duty unless extraordinary circumstances exist. The superintendent has the discretion to determine when extraordinary circumstances exist.
Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district. The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.
Licensed employees will receive their regular salary. Any payment for jury duty will be paid to the school district.
Legal Reference: Iowa Code §§ 20.9; 607A (2001).
Cross Reference: 409 Licensed Employee Vacations and Leaves of Absence
Approved 12-15-03
Reviewed 02-19-07; 07-11-11; 04-06-16
Revised
409.7 - Licensed Employee Military Service Leave
409.7 - Licensed Employee Military Service LeaveThe board recognizes licensed employees may be called to participate in the armed forces, including the national guard. If a licensed employee is called to serve in the armed forces, the employee will have a leave of absence for military service until the military service is completed.
The leave is without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.
Legal Reference: Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
Iowa Code §§ 20; 29A.28 (2001).
Cross Reference: 409 Licensed Employee Vacations and Leaves of Absence
Approved 12-15-03
Reviewed 02-19-07; 07-11-11; 04-06-16
Revised
409.8 - Licensed Employee Unpaid Leave
409.8 - Licensed Employee Unpaid LeaveUnpaid leave may be used to excuse an involuntary absence not provided for in this or other leave policies of the board. Unpaid leave for licensed employees must be authorized by the superintendent.
The superintendent will have complete discretion to grant or deny the requested unpaid leave. In making this determination, the superintendent will consider the effect of the employee's absence on the education program and school district operations, length of service, previous record of absence, the financial condition of the school district, the reason for the requested absence and other factors the superintendent believes are relevant to making this determination.
If unpaid leave is granted, the duration of the leave period will be coordinated with the scheduling of the education program whenever possible to minimize the disruption of the education program and school district operations.
Whenever possible, licensed employees will make a written request for unpaid leave three (3) days prior to the beginning date of the requested leave. If the leave is granted, the deductions in salary are made unless they are waived specifically by the superintendent.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the unpaid leave of such employees will be followed.
Legal Reference: Iowa Code §§ 20; 85; 85A; 85B; 279.12; 509; 509A; 509B (2001).
Cross Reference: 409 Licensed Employee Vacations and Leaves of Absence
Approved 12-15-03
Reviewed 02-19-07; 07-11-11; 04-06-16
Revised
410 - Other Licensed Employees
410 - Other Licensed Employees dawn.gibson.cm… Sat, 08/19/2023 - 11:49410.1 - Substitute Teachers
410.1 - Substitute TeachersThe board recognizes the need for substitute teachers. Substitute teachers will be licensed to teach in Iowa.
It is the responsibility of the building principal to maintain a list of substitute teachers who may be called upon to replace regular contract licensed employees. Individuals whose names do not appear on this list will not be employed as a substitute without specific approval of the superintendent. It is the responsibility of the building principal to fill absences with substitute teachers immediately.
Substitute teachers will be paid a per diem rate. Substitutes employed for ten or more consecutive days in the same position are paid according to the prevailing salary schedule based upon qualifications and experience and will be retroactive to the first day of the substitute period. Substitute licensed employees are expected to perform the same duties as the licensed employees.
Legal Reference: Iowa Association of School boards v PERB, 400 N.W. 2d 571 (Iowa 1987).
Iowa Code §§20.1, .4(5), .9 (2001).
281 I.A.C. 12.4
Cross Reference: 405.1 Licensed Employee Defined
405.2 Licensed Employee Qualifications, Recruitment, Selection
Approved 01-15-90
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03
410.2 - Summer School Licensed Employees
410.2 - Summer School Licensed EmployeesIt is within the discretion of the board to offer an education program during the summer recess. Licensed employees who volunteer or who are appointed to deliver the summer education program are 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 education program is necessary, licensed employees will be given the opportunity to volunteer for the positions available. If the board determines a course must be offered and no licensed 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 licensed employees in conjunction with other applications.
It is the responsibility of the superintendent to make a recommendation to the board regarding the need for and the delivery of the summer education program.
Legal Reference: Iowa Code §§ 279.8; 280.14 (2001).
Cross Reference: 603.2 Summer School Instruction
Approved 01-15-90
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03
410.3 - Education Aide
410.3 - Education AideThe board may employ education aides or other instructional support personnel to assist licensed personnel in nonteaching duties, including, but not limited to:
- managing and maintaining records, materials and equipment;
- attending to the physical needs of children; and
- performing other limited services to support teaching duties when such duties are determined and directed by the teacher.
Education aides who hold a teaching certificate are compensated at the rate of pay established for their position as an education aide. It is the responsibility of the principal to supervise education aides.
Legal Reference: Iowa Code §§ 279.8:280.3, .14 (2001).
281 I.A.C. 12.4(9); .5(9).
Cross Reference: 411.2 Classified Employee Qualifications, Recruitment, Selection
Approved 12-15-03
Reviewed 02-19-07; 07-11-11; 04-06-16
Revised _________
411 - Classified Employees General
411 - Classified Employees General dawn.gibson.cm… Sat, 08/19/2023 - 11:39411.1 - Classified Employee Defined
411.1 - Classified Employee DefinedClassified employees are employees who are not administrators or employees in positions which require an Iowa Department of Education teaching license and who are employed to fulfill the duties listed on their job description on a monthly or hourly basis. Classified employees will include, but not be limited to, teacher and classroom aides, custodial and maintenance employees, clerical employees, food service employees, bus drivers, and temporary help for summer or other maintenance. The position may be full-time or part-time.
It is the responsibility of the superintendent to establish job specifications and job descriptions for classified employee positions. Job descriptions may be approved by the board.
Classified employees required to hold a license for their position must present evidence of their current license to the board secretary-treasurer prior to payment of wages each year.
Legal Reference: Iowa Code §§ 20; 279.8 (2001).
Cross Reference: 405.1 Licensed Employee Defined
411.2 Classified Employee Qualifications, Recruitment, Selection
412.3 Classified Employee Group Insurance Benefits
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03
411.2 - Classified Employee - Qualifications, Recruitment, Selection
411.2 - Classified Employee - Qualifications, Recruitment, SelectionPersons interested in a classified employee position will have an opportunity to apply and qualify for classified employee positions in the school district without regard to age, race, creed, marital status, color, sex, national origin, socioeconomic status, sexual orientation, gender identity, religion or disability. Job applicants for classified employee positions will be considered on the basis of the following:
· Training, experience, and skill;
· Nature of the occupation;
· Demonstrated competence; and
· Possession of, or ability to obtain, state or other license or certificate, if required, for the position.
Announcement of the position will be through means the superintendent believes will inform potential applicants about the position. Applications for employment may be obtained from and completed applications will be returned to the central administration office. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who directly supervises and oversees the position.
The superintendent will recommend employment of classified employees to the board for approval.
Legal Reference: 29 U.S.C. §§ 621-634 (1994).
42 U.S.C. §§ 2000e et seq. (1994)
42 U.S.C. §§ 12101 et seq. (1994).
Iowa Code §§ 35C; 216; 279.8; 294.1 (2001).
Cross Reference: 401.2 Equal Employment Opportunity
411 Classified Employees - General
Approved 01-15-90
Reviewed 12-21-92; 11-17-03; 03-19-07; 11-17-08; 07-11-11; 04-06-16
Revised 01-19-93; 12-15-03; 12-15-08
411.3 - Classified Employee Contracts
411.3 - Classified Employee ContractsThe board may enter into written contracts with classified employees employed on a regular basis. The contract will state the terms of employment.
Each contract will include a thirty-day cancellation clause. Either the employee or the board must give notice of the intent to cancel the contract at the end of thirty days. This notice will not be required when the employee is terminated during a probationary period or for cause.
Classified employees will receive a job description stating the specific performance responsibilities of their position.
It is the responsibility of the superintendent to draw up and process the classified employee contracts and present them to the board for approval. The contracts, after being signed by the board president, are filed with the board secretary-treasurer.
Legal Reference: Iowa Code §§ 20; 279.7A; 285.5(9) (2001).
Cross Reference: 411 Classified Employees - General
412.1 Classified Employee Compensation
412.2 Classified Employee Wage and Overtime Compensation
413 Classified Employee Termination of Employment
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03
411.4 - Classified Employee Licensing / Cerification
411.4 - Classified Employee Licensing / CerificationClassified employees who require a special license or other certification will keep them current at their own expense. Licensing requirements needed for a position will be considered met if the employee meets the requirements established by law and by the Iowa Department of Education for the position.
Legal Reference: Iowa Code §§ 272.6; 285.5(9) (2001).
281 I.A.C. 12.4(10); 36; 43.12-.24.
Cross Reference: 411.2 Classified Employee Qualifications, Recruitment, Selection
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03
411.5 - Classified Employee Assignment
411.5 - Classified Employee AssignmentDetermining the assignment of each classified employee is the responsibility of the superintendent and within the sole discretion of the board. In making such assignments each year the superintendent will consider the qualifications of each classified employee and the needs of the school district.
It is the responsibility of the superintendent to assign classified employees and report such assignments to the board.
Legal Reference: Iowa Code §§ 20; 279.8 (2001).
Cross Reference: 200.3 Powers of the Board of Directors
411.6 Classified Employee Transfers
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03
411.6 - Classified Employee Transfers
411.6 - Classified Employee TransfersDetermining the location where a classified employee's assignment will be performed is the responsibility of the superintendent and within the sole discretion of the board. In making such assignments each year the superintendent will consider the 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 is the responsibility of the superintendent to transfer classified employees and report such transfers to the board.
Legal Reference: 29 U.S.C. §§ 621-634 (1994).
42 U.S.C. §§ 2000e et seq. (1994)
42 U.S.C. §§ 12101 et seq. (1994).
Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1 (2001).
Cross Reference: 411.2 Classified Employee Qualifications, Recruitment, Selection
411.5 Classified Employment Assignment
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03
411.7 - Classified Employee Evaluation
411.7 - Classified Employee EvaluationEvaluation of classified employees on their skills, abilities, and competence is an ongoing process supervised by the superintendent. The goal of the formal evaluation of classified employees is to maintain classified employees who meet or exceed the board's standards of performance, to clarify each classified employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.
It is the responsibility of the superintendent to ensure classified employees are formally evaluated.
Legal Reference: Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).
Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).
Iowa Code §§ 20.9; 279.14 (2001).
281 I.A.C. 12.3(4).
Cross Reference: 411.2 Classified Employee Qualifications, Recruitment, Selection
411.8 Classified Employee Probationary Status
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03
411.8 - Classified Employees Probationary Status
411.8 - Classified Employees Probationary StatusThe first ninety (90) days of a newly employed classified employee's contract is a probationary period. "Day" is defined as one work day regardless of full-time or part-time status of the employee. New employees, regardless of experience, are subject to 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.
Only the board, in its discretion, may waive the probationary period.
Legal Reference: Iowa Code §§ 20; 279.8 (2001).
Cross Reference: 411.3 Classified Employee Contracts
411.7 Classified Employee Evaluation
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03
412 - Classified Employees Compensation and Benefits
412 - Classified Employees Compensation and Benefits dawn.gibson.cm… Sat, 08/19/2023 - 11:33412.1 - Classified Employee Compensation
412.1 - Classified Employee CompensationThe board will determine the compensation to be paid for the classified employees' positions, keeping in mind the education and experience of the classified employee, the educational philosophy of the school district, the financial condition of the school district and any other considerations as deemed relevant by the board.
It is the responsibility of the superintendent to make a recommendation to the board annually regarding the compensation of classified employees.
Legal Reference: Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2001).
Cross Reference: 411.3 Classified Employee Contracts
412.2 Classified Employee Wage and Overtime Compensation
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03
412.2 - Classified Employee Wage and Overtime Compensation
412.2 - Classified Employee Wage and Overtime CompensationEach non-exempt employee compensated on an hour-by-hour basis, whether full-or part-time, permanent or temporary, will be paid no less than the prevailing minimum wage. Whenever a non-exempt employee must work more than forty hours in a given work week, the employee is compensated at one and one-half times their regular hourly wage rate. This compensation is in the form of overtime pay or compensatory time. Overtime will not be permitted without prior authorization of the superintendent.
Each non-exempt employee paid on an hour-by-hour basis must complete, sign, and turn in a daily time record showing the actual number of hours worked. Failure of the employee to maintain, or falsification of, a daily time record will be grounds for disciplinary action.
It is the responsibility of the board secretary-treasurer to maintain wage records.
Legal Reference: Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985).
29 U.S.C. §§ 206 et seq. (1994).
29 C.F.R. Pt. 511-800 (1999).
Cross Reference: 411.3 Classified Employee Contracts
412.1 Classified Employee Compensation
Approved 01-15-90
Reviewed 01-21-02; 11-17-03; 09-19-05; 03-19-07; 05-16-11; 07-11-11; 04-06-16
Revised 02-13-02; 12-15-03; 10-18-05; 06-20-11
412.3 - Classified Employee Group Insurance Benefits
412.3 - Classified Employee Group Insurance BenefitsClassified employees may be eligible for group insurance benefits as determined by the board and required by law. The board will select the group insurance program and the insurance company which will provide the program.
Classified employees who work 17 1/2 hours per week are eligible to participate in the group health insurance plan. Classified employees who wish to purchase insurance coverage may participate in group insurance programs by meeting the requirements of the insurer with premium pro-rated as designated by the board. Regular classified employees who wish to purchase insurance coverage for their spouse or dependents may do so by meeting the requirements of the insurer.
This policy statement does not guarantee a certain level of benefits. The board will have the authority and right to change or eliminate group insurance programs for its classified employees.
Legal Reference: Iowa Code §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B (2001).
Cross Reference: 411.1 Classified Employee Defined
Approved 1-15-90
Reviewed 04-12-94; 11-17-03; 09-19-05; 03-19-07; 07-11-11; 04-06-16
Revised 05-16-94; 12-15-03; 10-18-05
412.4 - Classified Employee Tax Shelter Programs
412.4 - Classified Employee Tax Shelter ProgramsThe board authorizes the administration as of January 1, 2009 tax sheltered annuities will no longer be offered to our employees.
Legal Reference: Small Business Job Protection Act of 1996, Section 1450(a), repealing portions of IRS REG § 1.403(b)-1(b)(3).
Iowa Code §§ 20.9; 260C; 273; 294.16 (2001).
1988 Op. Att'y Gen. 38.
1976 Op. Att'y Gen. 462, 602.
1966 Op. Att'y Gen. 211, 220.
Cross Reference: 706 Payroll Procedures
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 01-19-09; 07-11-11; 04-06-16
Revised 12-15-03; 02-09-09
413 - Classified Employee Termination of Employment
413 - Classified Employee Termination of Employment dawn.gibson.cm… Sat, 08/19/2023 - 11:28413.1 - Classified Employee Resignation
413.1 - Classified Employee ResignationClassified employees who wish to resign during the school year will give the board notice of their intent to resign and final date of employment and cancel their contract thirty (30) days prior to their last working day.
Notice of the intent to resign will be in writing to the superintendent.
Legal Reference: Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9) (2001).
Cross Reference: 411.3 Classified Employee Contracts
413 Classified Employee Termination of Employment
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03
413.2 - Classified Employee Retirement
413.2 - Classified Employee RetirementClassified employees who will complete their current contract with the board may apply for retirement. No classified employee will be required to retire at any specific age.
Application for retirement will be considered made when the classified employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board if applicable, the employee's intent to retire. The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent.
Board action to approve a classified employee's application for retirement is final, and such action constitutes termination of the employee's contract effective the day of the employee's retirement.
Classified employees and their spouse and dependents who have group insurance coverage through the school district may be allowed to continue coverage of the school district's group health insurance program, at their own expense, by meeting the requirements of the insurer.
Legal Reference: 29 U.S.C. §§ 621 et seq. (1994).
Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46 (2001).
581 I.A.C. 21.
1978 Op. Att'y Gen. 247.
1974 Op. Att'y Gen. 11, 322.
Cross Reference: 401.14 Recognition for Service of Employees
413.3 Classified Employee Early Retirement
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03
413.3 - Classified Employee Suspension
413.3 - Classified Employee SuspensionClassified employees will perform their assigned job, respect and follow board policy and obey the law. The superintendent is authorized to suspend a classified employee with or without pay pending board action on a discharge or during investigation of charges against the employee or for disciplinary purposes. It is within the discretion of the superintendent to suspend a classified employee with or without pay.
In the event of a suspension, due process will be followed.
Legal Reference: Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (Iowa 1987).
McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).
Iowa Code §§ 20.7, .24 (2001).
Cross Reference: 404 Employee Conduct and Appearance
413 Classified Employee Termination of Employment
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03
413.4 - Classified Employee Dismissal
413.4 - Classified Employee DismissalThe board believes classified employees should perform their jobs, respect board policy and obey the law. A classified employee may be dismissed upon thirty days notice or immediately for cause. Due process procedures will be followed.
It is the responsibility of the superintendent to make a recommendation for dismissal to the board. 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.
Legal Reference: Iowa Code §§ 20.7, .24 (2001).
Cross Reference: 404 Employee Conduct and Appearance
413.4 Classified Employee Suspension
413.6 Classified Employee Reduction in Force
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03
413.5 - Classified Employee Reduction in Force
413.5 - Classified Employee Reduction in ForceIt is the exclusive power of the board to determine when a reduction in classified employees is necessary. Employees who are terminated due to a reduction in force will be given thirty days notice. Due process will be followed for terminations due to a reduction in force.
It is 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 in making the recommendations.
Legal Reference: Iowa Code §§ 20.7, .24 (2001).
Cross Reference: 407.6 Licensed Employee Reduction in Force
413.4 Classified Employee Suspension
413.5 Classified Employee Dismissal
703 Budget
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03
414 - Classified Employee Vacations and Leaves of Absence
414 - Classified Employee Vacations and Leaves of Absence dawn.gibson.cm… Thu, 08/17/2023 - 10:26414.1 - Classified Employee Paid Vacations - Holidays - Personal Leave
414.1 - Classified Employee Paid Vacations - Holidays - Personal LeaveThe board will determine the amount of paid vacation, holidays and personal leave that will be allowed on an annual basis for classified employees.
Classified employees, hired before July 1, 2005, who work 12 months a year and have worked one year, unless the classified employee's contract indicates otherwise, will receive ten (10) days of vacation each year. Classified Employees who have worked fifteen (15) continuous years will receive fifteen (15) days of vacation each year. Classified employees who leave prior to the end of their contract will receive their pro rata share of vacation for the year. Classified employees, hired after July 1, 2005, will not be granted vacation days.
The vacation may be taken any time during the school year when the vacation will not disrupt the school district operations. The employee must submit a vacation request to the superintendent, who is responsible for determining whether the request will disrupt the school district operation.
All classified employees, hired before July 1, 2005 , who work twelve (12) months a year will be allowed a maximum of two (2) 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, stating the reason for the leave, three (3) days prior to the leave day. This leave may be denied if it falls on the day before or the day after a holiday or vacation, it falls on a special day when services would be necessary, it would cause undue interruption to the education program or to a program demanding the employee's services to the department, or other reasons deemed relevant by the superintendent. It is within the discretion of the superintendent to grant personal leave. Full time classified employees, hired after July 1, 2005, will be granted a maximum of three (3) days personal leave after one (1) year of employment and five (5) days every year thereafter not to accumulate.
Classified employees, hired before July 1, 2005, who work twelve months a year will be allowed nine (9) paid holidays. The nine holidays are New Year's Day, Good Friday, Easter Monday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day. Classified employees, hired before July 1, 2005 who work less than 12 months a year will be allowed five (5) paid holidays. The five holidays are Labor Day, Thanksgiving Day, Christmas Eve Day, Christmas Day and Good Friday. Classified employees, whether full-time or part-time, will have time off in concert with the school calendar.
Classified employees will be paid only for the hours they would have been scheduled for the day. Vacation will not be accrued from year to year without a prior arrangement with the superintendent.
It is the responsibility of the superintendent to make a recommendation to the board annually on vacation and personal leave for classified employees.
Legal Reference: Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (2001).
Cross Reference: 409.1 Licensed Employee Vacations - Holidays - Personal Leave
601.1 School Calendar
Approved 12-15-03
Reviewed 09-19-05; 03-19-07; 07-11-11; 04-06-16
Revised 10-18-05; 08-15-11
414.2 - Classified Employee Personal Illness Leave
414.2 - Classified Employee Personal Illness LeaveClassified employees, hired before July 1, 2005, are granted ten days of sick leave in their first year of employment. Each year thereafter, one additional day of sick leave will be granted to the employees up to a maximum of fifteen days. "Day" is defined as one work day regardless of full-time or part-time status of the employee. A new employee will report for work at least one 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. Sick leave may be accumulated up to a maximum of one hundred (100) days for classified employees. Classified employees, hired after July 1, 2005, will receive the same number of sick days but will be unpaid.
Should the personal illness occur after or extend beyond the accumulated sick leave, 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.
If an employee is eligible to receive workers' compensation benefits, the employee will contact the board secretary-treasurer to implement these benefits.
Legal Reference: Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
26 U.S.C. §§ 2601 et seq. (Supp. 1994)
29 C.F.R. Pt. 825 (1999).
Iowa Code §§ 20; 85.33, .34, .38(3); 279.40 (2001).
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.
1952 Op. Att'y Gen. 91.
Cross Reference: 403.2 Employee Injury on the Job
414.3 Classified Employee Family and Medical Leave
414.9 Classified Employee Unpaid Leave
Approved 01-15-90
Reviewed 11-17-03; 09-19-05; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03; 10-18-05
414.3 - Classified Employee Family and Medical Leave
414.3 - Classified Employee Family and Medical LeaveUnpaid 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 school year. Requests for family and medical leave are made to the superintendent.
Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules. Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave. It is the responsibility of the superintendent to develop administrative rules to implement this policy.
The employees shall be granted up to two (2) days per year, non-cumulative leave in the case of hospitalization, serious illness under direct care of a doctor or as a hospital outpatient, or for surgery for members of the immediate family. The immediate family shall be defined as spouse, children, parents, grandparents and grandchildren.
Legal Reference: Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).
26 U.S.C. §§ 2601 et seq. (Supp. 1994)
29 C.F.R. Pt. 825 (1999).
Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2001).
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.
1952 Op. Att'y Gen. 91.
Cross Reference: 409.3 Licensed Employee Family and Medical Leave
414.2 Classified Employee Personal Illness Leave
414.9 Classified Employee Unpaid Leave
Approved 12-15-03
Reviewed 03-21-05; 03-19-07; 09-22-09; 07-11-11; 04-06-16
Revised 04-18-05; 10-22-09
414.3E1 - Classified Employee Family and Medical Leave Notice to Employees
414.3E1 - Classified Employee Family and Medical Leave Notice to EmployeesSee attached form.
414.3E2 - Classified Employee Family and Medical Leave Request Form
414.3E2 - Classified Employee Family and Medical Leave Request FormDate:
I, , request family and medical leave for the following reason:
(check all that apply)
for the birth of my child;
for the placement of a child for adoption or foster care;
to care for my child who has a serious health condition;
to care for my parent who has a serious health condition;
to care for my spouse who has a serious health condition; or
because I am seriously ill and unable to perform the essential functions of my position.
because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
I acknowledge my obligation to provide medical certification of my serious health condition or that of a family member in order to be eligible for family and medical leave within 15 days of the request for certification.
I acknowledge receipt of information regarding my obligations under the family and medical leave policy of the school district.
I request that my family and medical leave begin on and I request leave as follows: (check one)
(date)
continuous
I anticipate that I will be able to return to work on .
(date)
intermittent leave for the:
birth of my child or adoption or foster care placement subject to agreement by the district
serious health condition of myself, parent, or child when medically necessary
because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
Details of the needed intermittent leave:
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
I anticipate returning to work at my regular schedule on .
(date)
reduced work schedule for the:
birth of my child or adoption or foster care placement subject to agreement by the school district
serious health condition of myself, parent, or child when medically necessary
____ because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
____ because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
Details of needed reduction in work schedule as follows:
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
I anticipate returning to work at my regular schedule on .
(date)
I realize I may be moved to an alternative position during the period of the family and medical intermittent or reduced work schedule leave. I also realize that with foreseeable intermittent or reduced work schedule leave, subject to the requirements of my health care provider, I may be required to schedule the leave to minimize school district operations.
While on family and medical leave, I agree to pay my regular contributions to employer sponsored benefit plans. My contributions will be deducted from moneys owed me during the leave period. If no monies are owed me, I will reimburse the school district by personal check (cash) for my contributions. I understand that I may be dropped from the employer-sponsored benefit plans for failure to pay my contribution.
I agree to reimburse the school district for any payment of my contributions with deductions from future monies owed to me or the school district may seek reimbursement of payments of my contributions in court.
I acknowledge that the above information is true to the best of my knowledge.
Signed _____________________________________________________________________
Date _______________________________________
414.3E3 - Classified Employee Family and Medical Leave Certification Form
414.3E3 - Classified Employee Family and Medical Leave Certification Form1. Employee's Name _______________________________________________________________________________
2. Patient's Name (if different from employee) __________________________________________________________
3. The attached sheet describes what is meant by a "serious health condition" under the Family and Medical Leave Act. Does the patient's condition, for which the employee is taking FMLA leave, qualify under any of the categories described? If so, please check the applicable category.
(1) (2) (3) (4) (5) (6)
or None of the above
4. Describe the medical facts which support your certification, including a brief statement as to how the medical facts meet the criteria of one of these categories:
5. a. State the approximate date the condition commenced, and the probable duration of the condition (and also the probable duration of the patient's present incapacity, i.e. inability to work, attend school or perform other regular activities due to the serious health condition, treatment therefor, or recovery therefrom, if different):
b. Will it be necessary for the employee to take work only intermittently or to work on a less than full schedule as a result of the condition (including for treatment described in Item 6 below)?
If yes, give the probable duration:
c. If the condition is a chronic condition (condition #4) or pregnancy, state whether the patient is presently incapacitated and the likely duration and frequency of episodes of incapacity:
6. a. If additional treatments will be required for the condition, provide an estimate of the probable number of such treatments:
If the patient will be absent from work or other daily activities because of treatment on an intermittent or part-time basis, also provide an estimate of the probable number of and interval between such treatments, actual or estimated dates of treatment if known, and period required for recovery if any:
b. If any of these treatments will be provided by another provider of health services (e.g., physical therapist), please state the nature of the treatments:
c. If a regimen of continuing treatment by the patient is required under your supervision, provide a general description of such regimen (e.g. prescription drugs, physical therapy requiring special equipment):
7. a. If medical leave is required for the employee's absence from work because of the employee's own condition (including absences due to pregnancy or a chronic condition), is the employee unable to perform work of any kind?
b. If able to perform some work, is the employee unable to perform any one or more of the essential functions of the employee's job (the employee or the employer should supply you with information about the essential job functions)?
If yes, please list the essential functions the employee is unable to perform.
c. If neither a. nor b. applies, is it necessary for the employee to be absent from work for treatment?
8. a. If leave is required to care for a family member of the employee with a serious health condition, does the patient require assistance for basic medical or personal needs or safety, or for transportation?
b. If no, would the employee's presence to provide psychological comfort be beneficial to the patient or assist in the patient's recovery?
c. If the patient will need care only intermittently or on a part-time basis, please indicate the probable duration of this need:
_______________________________________ __________________________________________________
(Signature of Health Care Provider) (Type of Pracice)
_______________________________________ __________________________________________________
(Address) (Telephone Number)
To be completed by the employee needing family leave to care for a family member.
State the care you will provide and an estimate of the period during which care will be provided, including a schedule if leave is to be taken intermittently or if it will be necessary for you to work less than a full schedule:
_______________________________________ __________________________________________________
(Employee Signature) (Date)
A serious health condition means an illness, injury impairment, or physical or mental condition that involves one of the following:
1. Hospital Care - In patient care (i.e. an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.
2. Absence Plus Treatment - A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:
a. treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider or by a provider of health care services (e.g. physical therapist) under the orders of, or on referral by, a health care provider; or
b. treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
3. Pregnancy - Any period of incapacity due to pregnancy or for prenatal care.
4. Chronic Conditions Requiring Treatments - A chronic condition which:
a. requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
b. continues over an extended period of time (including recurring episodes of a single underlying condition); and
c. may cause episodic rather than a period of incapacity (e.g. asthma, diabetes, epilepsy, etc.).
5. Permanent/Long-term Conditions Requiring Supervision - A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.
6. Multiple Treatments (Non-chronic Conditions) - Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment such as cancer (chemotherapy), radiation, etc.), severe arthritis (physical therapy) and kidney disease (dialysis).
414.3E4 - Classified Employee Family and Medical Leave Request Work Sheet
414.3E4 - Classified Employee Family and Medical Leave Request Work SheetComplete this work sheet upon receiving a request for family and medical leave that may qualify under the Family Medical Leave Act. Be sure to note the requirements relating to family and medical leave in the school district's policy/collective bargaining agreement prior to relying on this work sheet as the sole source of the school district's obligations. Also be sure to note the definitions in Regulation 409.3R2.
Section I: Eligible Employee. (Please check all that apply.)
Covered by a policy/collective bargaining agreement. (If checked, please move to Section II.)
The employee must meet all criteria below to move to Section II.
50 or more employees are on the payroll of or under contract to the school district.
Worked 52 weeks in the school district (consecutive or nonconsecutive). OR
Worked 12 months in the school district (consecutive or nonconsecutive).
Worked 1250 hours for the school district in 12 months prior to the request.
Section II: Family and Medical Leave Purpose. (One must be checked to move to Section III.)
Birth and care of newborn prior to first anniversary of child's birth.
Care of adopted child or foster care child prior to first anniversary of placement.
Care for serious health condition of spouse, child, child for which employee is "in loco parentis" and for any of these if they are over eighteen and have a disability which prevents the child from caring for himself or herself.
Requested medical certification for family and medical leave due to a serious health condition of the spouse, parent or child on ).
(date)
Received medical certification within 15 days of the request on ).
(date)
Serious health condition of the employee.
Requested medical certification for family and medical leave due to a serious health condition of the employee on ).
(date)
Received medical certification within 15 days of the request on .
(date)
Other purposes contained in a policy/collective bargaining agreement.
Section III: Timing of Family and Medical Leave Request.
Date of family and medical leave request .
(date)
Date family and medical leave to begin .
(date)
Provide FMLA leave information to employee at time of request on .
(date)
(If one is checked, please move to Section IV.)
Leave request for foreseeable family and medical leave is 30 days prior to date family and medical leave begins.
Leave request for foreseeable family and medical leave is in compliance with policy/collective bargaining agreement.
Leave request for foreseeable family and medical leave was made as soon as practicable, and no later than one business day, prior to date family and medical leave begins.
Leave request for unforeseeable family and medical leave was made in accordance with the policy/collective bargaining agreement timelines.
Section IV: Calculation of Available Family and Medical Leave.
Beginning date for 12-month entitlement period: (Check the method adopted by the school district.)
____ July 1 (fiscal year)
____ January 1 (calendar year)
____ September 1 (school year)
____ First day of rolling forward 12-month entitlement period
____ First day of rolling backward 12-month entitlement period
____ Collective bargaining agreement year
____ Other
Total family and medical leave for the 12-month entitlement period
|
12weeks |
Leave taken to date in the entitlement period |
- |
Leave available for the entitlement period |
|
Section V: Types of Family and Medical Leave. (Please check all that apply.)
Continuous leave for purposes listed in Section II.
Intermittent leave for birth, adoption or foster care placement prior to first anniversary of child's birth or placement with school district approval in accordance with other provisions of the policy/collective bargaining agreement.
Reduced work schedule leave for birth, adoption or foster care placement prior to first anniversary of child's birth or placement with school district approval in accordance with other provisions of the policy/collective bargaining agreement.
Intermittent leave if medically necessary for serious health condition of employee or family member and arranged as much as possible to not disrupt the school district's operation.
Reduced work schedule leave if medically necessary for serious health condition of employee or family member and arranged as much as possible to not disrupt the school district's operation.
Others contained in a policy/collective bargaining agreement. (Please specify.)
Section VI: Paid or Unpaid Family and Medical Leave.
Provide employee notice whether the family and medical leave is paid or unpaid leave after completing the work sheet in accordance with the policy/collective bargaining agreement.
Policy/collective bargaining agreement allows substitution of paid leave for family and medical leave.
Family and medical leave is unpaid leave.
Section VII: Employee Progress Report.
Arrangements are made with the employee to report to the school district on a regular basis during the family and medical leave (please specify).
|
Requested medical recertification for family and medical leave due to a serious health condition of the spouse, parent or child on .
(date)
Received medical recertification within 15 days of the request on
(date)
Section VIII: Employee Benefits During Family and Medical Leave.
The employee's health insurance coverage must be continued during the period of family and medical leave. The school district may choose to continue other employee benefits to ensure their restoration along with the health insurance upon the employee's return to work. The employee will pay the employee's share of health insurance and other benefits during the leave period.
Arrangements have been made with the employee to continue the employee's share of health insurance premiums while on family and medical leave:
From monies due to the employee
By the first of each month from the employee
Other (please specify)
Arrangements have been made with the employee to continue the employee's share of the employee's other benefits while on family and medical leave:
From monies due to the employee
By the first of each month from the employee
Other (please specify)
The employee has chosen to discontinue all employee benefits while on family and medical leave.
Employees who fail to provide payment of the employee's share of benefits premium during the period of family and medical leave have 15 days following notice to pay the employee's share.
Employees who fail to pay within 15 days after receiving notice of payment due may have employee benefits discontinued.
The school district will deduct unpaid employee portion of benefits from monies due to the employee upon return to work, and the employee has signed a written statement authorizing the deduction.
The school district will seek recovery of unpaid employee portion of benefits through small claims court or other appropriate recovery process.
The school district may discontinue the employee's benefits upon receipt of written notice of the employee's intent not to return to work.
Section IX: Key Employees.
Salaried employees among the highest paid ten percent of a school district's employees are considered key employees of the school district.
Year-to-date earnings for employee |
|
|
Total weeks of work and paid leave |
|
/ |
Highest pay for employee |
|
= |
Provide notice to key employees stating they are a key employee and they may not be reinstated at end of the family and medical leave period if substantial and grievous economic injury exists.
Compile data to justify substantial and grievous economic injury. Substantial and grievous economic injury does not include minor inconvenience and costs typical to the normal operation of the school district.
The key employee is entitled to benefits during the family and medical leave in the same manner as other employees.
Section X: Employee's Return to Work.
Employee is fully restored the same or an equivalent position with:
Pay and benefits
Health insurance
Life insurance
Other benefits or requirements in a policy/collective bargaining agreement
414.3R1 - Classified Employee Family and Medical Leave Regulation
414.3R1 - Classified Employee Family and Medical Leave RegulationA. School district notice.
1. The school district will post the notice in Exhibit 409.3E1 regarding family and medical leave.
2. Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually. The information will be in the office of the board secretary.
3. When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements. Such information will include:
a. a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement or 26 week entitlement depending on the purpose of the leaves;
b. a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so or proof of call to active duty in the case of military family and medical leave;
c. an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and
d. a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.
B. Eligible employees.
Employees are eligible for family and medical leave if three criteria are met.
1. The school district has more than 50 employees on the payroll at the time leave is requested;
2. The employee has worked for the school district for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and
3. The employee has worked at least 1,250 hours within the previous year. Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.
If the employee requesting leave is unable to meet the above criteria, then the employee is not eligible for family and medical leave.
C. Employee requesting leave -- two types of leave.
1. Foreseeable family and medical leave.
a. Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.
b. Employee must give at least thirty days notice for foreseeable leave. Failure to give the notice may result in the leave beginning thirty days after notice was received.
c. Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district. The scheduling is subject to the approval of the health care provider.
2. Unforeseeable family and medical leave.
a. Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.
b. Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.
c. A spouse or family member may give the notice if the employee is unable to personally give notice.
D. Eligible family and medical leave determination. The school district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.
1. Six purposes.
a. The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;
b. The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;
c. To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition; or
d. Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.
e. because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
f. because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
2. Medical certification.
a. When required:
(1) Employees shall be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job.
(2) Employees shall be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.
b. Employee's medical certification responsibilities:
(1) The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.
(2) The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the school district has reason to doubt the validity of the certification an employee submits. The second health care provider cannot, however, be employed by the school district on a regular basis.
(3) If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the serious health condition. This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district. This certification or lack of certification is binding upon both the employee and the school district.
c. Medical certification will be required fifteen days after family and medical leave begins unless it is impracticable to do so. The school district may request recertification every thirty days. Recertification must be submitted within fifteen days of the school district's request.
d. Employees taking military caregiver family and medical leave to care for a family service member cannot be required to obtain a second opinion or to provide recertification.
Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification will be denied until such certification is provided.
E. Entitlement.
1. Employees are entitled to twelve weeks unpaid family and medical leave per year. Employees taking military caregiver family and medical leave to care for a family service member are entitled to 26 weeks of unpaid family and medical leave but only in a single 12 month period.
2. Year is defined as: school year
3. If insufficient leave is available, the school district may:
a. Deny the leave if entitlement is exhausted
b. Award leave available
F. Type of Leave Requested.
1. Continuous - employee will not report to work for set number of days or weeks.
2. Intermittent - employee requests family and medical leave for separate periods of time.
a. Intermittent leave is available for:
____ birth, adoption or foster care placement of child only with the school district's agreement.
____ serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.
____ because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
____ because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
b. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.
c. During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits.
3. Reduced work schedule - employee requests a reduction in the employee's regular work schedule.
a. Reduced work schedule family and medical leave is available for:
____ birth, adoption or foster care placement and subject to the school district's agreement.
____ serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.
____ because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
____ because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
b. In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.
c. During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and benefits.
G. Employee responsibilities while on family and medical leave.
1. Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.
2. The employee contribution payments will be deducted from any money owed to the employee or the employee will reimburse the school district at a time set by the superintendent.
3. An employee who fails to make the health care contribution payments within thirty days after they are due will be notified that their coverage may be canceled if payment is not received within an additional 15 days.
4. An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request.
5. The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.
6. If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return. The school district will cease benefits upon receipt of this notification.
H. Use of paid leave for family and medical leave.
An employee may substitute unpaid family and medical leave with any paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement. Paid leave includes, but is not limited to, sick leave, family illness leave, vacation, personal leave, bereavement leave and professional leave. When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.
414.3R2 - Classified Employee Family and Medical Leave Definitions
414.3R2 - Classified Employee Family and Medical Leave DefinitionsActive Duty – duty under a call or order to active duty under a provision of law referring to in section 101 (a)(13) of title 10, U.S. Code.
Common law marriage - according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife. There is no time factor that needs to be met in order for there to be a common law marriage.
Continuing treatment - a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
· A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
-- treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or
-- treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a the health care provider.
· Any period of incapacity due to pregnancy or for prenatal care.
· Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
-- requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
-- Continues over an extended period of time (including recurring episodes of a single underlying condition); and
-- May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
· Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.
· Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
Eligible Employee - the district has more than 50 employees on the payroll at the time leave is requested. The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.
Covered Servicemember – a current member of the Armed Forces, including a memberof the National Guard or reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for injury or illness.
Essential Functions of the Job - those functions which are fundamental to the performance of the job. It does not include marginal functions.
Employment Benefits - all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."
Family Member - individuals who meet the definition of son, daughter, spouse or parent.
Group Health Plan - any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.
Health Care Provider -
· A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
· Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and
· Nurse practitioners and nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and
· Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts;
· Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;
· A health care provider as defined above who practices in a country other than the United States who is CLASSIFIED to practice in accordance with the laws and regulations of that country.
In Loco Parentis - individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.
Incapable of Self-Care - that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or "ADLs." Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.
Instructional Employee - an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.
Intermittent Leave - leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.
Medically Necessary - certification for medical necessity is the same as certification for serious health condition.
"Needed to Care For" - the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care. For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment. It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.
Parent - a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child. Parent does not include parent-in-law.
Physical or Mental Disability - a physical or mental impairment that substantially limits one or more of the major life activities of an individual.
Reduced Leave Schedule - a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.
Serious Health Condition
· An illness, injury, impairment, or physical or mental condition that involves:
· Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to theserious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
-- Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes:
-- A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
-- Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or
-- Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
-- Any period of incapacity due to pregnancy or for prenatal care.
-- Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
-- Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
-- Continues over an extended period of time (including recurring episodes of s single underlying condition); and
-- May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
-- A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's a severe stroke or the terminal stages of a disease.
-- Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
· Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition. Treatment does not include routine physical examinations, eye examinations or dental examinations. Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen). A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistimines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
· Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop. Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave. Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met. Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
· Substance abuse may be a serious health condition if the conditions of this section are met. However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider. On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.
· Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days. For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level. An employee who is pregnant may be unable to report to work because of severe morning sickness.
Serious Injury or Illness – an injury or illness incurred by a member of the Armed Forces, including the National Guard or Reserves in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.
Son or Daughter - a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis. The child must be under age 18 or, if over 18, incapable of self-care because of a mental or physical disability.
Spouse - a husband or wife recognized by Iowa law including common law marriages.
414.4 - Classified Employee Bereavement Leave
414.4 - Classified Employee Bereavement LeaveBereavement leave may be granted for a maximum of two (2) days, with "day" being defined as one work day regardless of full-time or part-time status of the employee, per occurrence, per death.
A maximum of one (1) day of bereavement leave per occurrence without pay will be granted per death.
It is within the discretion of the superintendent to determine the number of bereavement leave days to be granted.
Legal Reference: Iowa Code §§ 20.9; 279.8 (2001).
Cross Reference: 414 Classified Employee Vacations and Leaves of Absence
Approved 01-15-90
Reviewed 04-12-94; 11-17-03; 09-19-05; 03-19-07; 07-11-11; 04-06-16
Revised 05-16-94; 12-15-03; 10-18-05
414.5 - Classified Employee Political Leave
414.5 - Classified Employee Political LeaveThe board will provide a leave of absence to classified employees to run for elective public office. The superintendent will grant a classified employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.
The classified employee will be entitled to one period of leave to run for the elective public office, and the leave may commence any time within thirty days of a contested primary, special, or general election and continue until the day following the election.
The request for leave must be in writing to the superintendent at least thirty days prior to the starting date of the requested leave.
Legal Reference: Iowa Code ch. 55 (2001).
Cross Reference: 401.15 Employee Political Activity
414 Classified Employee Vacations and Leaves of Absence
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revise 12-15-03
414.6 - Classified Employee Jury Duty Leave
414.6 - Classified Employee Jury Duty LeaveThe board will allow classified employees to be excused for jury duty unless extraordinary circumstances exist. The superintendent has the discretion to determine when extraordinary circumstances exist.
Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district. The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.
Classified employees will receive their regular salary. Any payment for jury duty is turned over to the school district.
Legal Reference: Iowa Code §§ 20.9; 607A (2001).
Cross Reference: 414 Classified Employee Vacations and Leaves of Absence
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03
414.7 - Classified Employee Military Service Leave
414.7 - Classified Employee Military Service LeaveThe board recognizes classified employees may be called to participate in the armed forces, including the national guard. If a classified employee is called to serve in the armed forces, the employee will have a leave of absence for military service until the military service is completed.
The leave is without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.
Legal Reference: Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
Iowa Code §§ 20; 29A.28 (2001).
Cross Reference: 414 Classified Employee Vacations and Leaves of Absence
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03
414.8 - Classified Employee Unpaid Leave
414.8 - Classified Employee Unpaid LeaveUnpaid leave may be used to excuse an involuntary absence not provided for in other leave policies. Unpaid leave for classified employees must be authorized by the superintendent. Whenever possible, classified employees will make a written request for unpaid leave ten days prior to the beginning date of the requested leave. If the leave is granted, the deductions in salary are made unless they are waived specifically by the superintendent.
The superintendent will have complete discretion to grant or deny the requested unpaid leave. In making this determination, the superintendent will consider the effect of the employee's absence on the education program and school district operations, the financial condition of the school district, length of service, previous record of absence, the reason for the requested absence and other factors the superintendent believes are relevant in making this determination.
If unpaid leave is granted, the duration of the leave period is coordinated with the scheduling of the education program whenever possible, to minimize the disruption of the education program and school district operations.
Legal Reference: Iowa Code §§ 20.9; 279.8 (2001).
Cross Reference: 414 Classified Employee Vacations and Leaves of Absence
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03
414.9 - Classified Employee Professional Purposes Leave
414.9 - Classified Employee Professional Purposes LeaveProfessional purposes leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments. Application for the leave must be presented to the superintendent five (5) days prior to the meeting or conference.
It is within the discretion of the superintendent to grant professional purposes leave. The leave may be denied on the day before or after a vacation or holiday, on special days when services are needed, when it would cause undue interruption of the education program and school district operations, or for other reasons deemed relevant by the superintendent.
Legal Reference: Iowa Code § 279.8 (2001).
281 I.A.C. 12.7.
Cross Reference: 411 Classified Employees - General
408.1 Classified Employee Professional Development
Approved 01-15-90
Reviewed 11-17-03; 03-19-07; 07-11-11; 04-06-16
Revised 12-15-03
500 - STUDENTS
500 - STUDENTS dawn.gibson.cm… Tue, 08/22/2023 - 13:43500 - Objectives for Equal Educational Opportunities for Students
500 - Objectives for Equal Educational Opportunities for StudentsThis series of the board policy manual is devoted to the board's goals and objectives for assisting the students of the school district in obtaining an education. Each student will have an opportunity to obtain an education in compliance with the policies in this series.
It is the goal of the board to develop a healthy social, intellectual, emotional, and physical self-concept in the students enrolled in the school district. Each student attending school will have the opportunity to use it and its education program and services as a means for self-improvement and individual growth. In so doing, the students are expected to conduct themselves in a manner that assures each student the same opportunity.
The board supports the delivery of the education program and services to students free of discrimination on the basis of race, color, sex, marital status, socioeconomic status, national origin, socioeconomic status, sexual orientation, gender identity, religion, sexual orientation, gender identity, creed or disability. This concept of equal educational opportunity serves as a guide for the board and employees in making decisions relating to school district facilities, employment, selection of educational materials, equipment, curriculum, and regulations affecting students.
In the delivery of the education program, students will treat the employees with respect and students will receive the same in return. Employees have the best interests of the students in mind and will assist them in school-related or personal matters if they are able to do so. Students should feel free to discuss problems, whether school-related or personal, with the guidance counselor or other employees.
Board policies, rules and regulations affect students while they are on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.
This section of the board policy refers to the term "parents" in many of the policies. The term parents for purposes of this policy manual will mean the legal parents, the legal guardian or custodian of a student and students who have reached the age of majority or are otherwise considered an adult by law.
Inquiries by students regarding compliance with equal educational opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, are directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Gilmore City-Bradgate Community School District, Gilmore City, Iowa, 50541; or by telephoning 515-373-6124.
Inquiries by students regarding compliance with equal educational opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights, U.S. Department of Education, 10220 N. Executive Hills Blvd., 8th Floor, Kansas City, Mo. 64153-1367, (816) 891-8156 or Iowa Dept. of Education, Grimes State Office Bldg., Des Moines, Ia. (515) 281-5294. This inquiry or complaint to the federal or state 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.
Approved 01-15-90
Reviewed 12-21-92; 12-15-03; 01-21-08; 11-17-08; 11-21-11; 05-11-16
Revised 01-19-93; 01-19-04; 02-18-08; 12-15-08
501 - Student Attendance
501 - Student Attendance dawn.gibson.cm… Wed, 08/23/2023 - 06:11501.1 - Resident Students
501.1 - Resident StudentsChildren who are residents of the school district community will attend the school district without paying tuition.
The residence of a student means the place, abode, or dwelling of the student. Generally, the legal dwelling of minors is the same as their parents. However, a student may establish a dwelling with someone other than the parents and attend public school in the school district without paying tuition if the primary purpose for residing in the school district is not for the purpose of obtaining a free public education. Further, students who have reached the age of majority and who are still eligible to attend an Iowa secondary school may declare their residence independent of the residence of the parents.
Each case involving the bona fide residence of a student will be decided upon its individual merits by the superintendent.
Legal Reference: Lakota Cons. Ind. School v. Buffalo Center-Rake Comm. School, 334 N.W.2d 704 (Iowa 1983).
Mt. Hope School Dist. v. Hendrickson, 197 N.W. 47 (Iowa 1924).
Oshel v. Creston Comm. School Dist., DPI Admin. Doc. 570 (1981).
33 D.P.I. Dec. Rule 80 (1984).
Iowa Code §§ 257.6; 282.2, .6, .7; 285.4 (2001).
1956 Op. Att'y Gen. 185.
1946 Op. Att'y Gen. 197.
1938 Op. Att'y Gen. 69.
1930 Op. Att'y Gen. 147.
Cross Reference: 102 School District Instructional Organization
501 Student Attendance
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04
501.2 - Nonresident Students
501.2 - Nonresident StudentsStudents who are eligible to attend an Iowa public school but who are not legal residents of the school district may be admitted into the school district at the discretion of the superintendent upon application and payment of tuition. The tuition rate is the current per-pupil cost of the school district as computed by the board secretary-treasurer and as authorized by the Iowa Department of Education.
Resident students whose families move from the school district after the start of a semester and who wish to complete the semester in the school district may be permitted to attend without the payment of tuition at the discretion of the superintendent and approval of the board. Students who plan to open enroll to the nonresident district may complete the school year without approval of the superintendent or board. These students, other than students in grades eleven and twelve, must have the recommendation of the principal, as well as an adult who resides in the school district, identified for purposes of administration.
Students in grades eleven or twelve who are no longer residents of the school district, but were residents in the preceding school year, may continue to attend school until they graduate without the payment of tuition. These students must have an adult, who resides in the school district, identified for purposes of administration.
Nonresident students who are eligible to attend an Iowa public school and who have evidence they will become legal residents of the school district prior to October 1 may be allowed to attend without the payment of tuition.
Legal Reference: Lakota Cons. Ind. School v. Buffalo Center-Rake Comm. School, 334 N.W.2d 704 (Iowa 1983).
Mt. Hope School Dist. v. Hendrickson, 197 N.W. 47 (Iowa 1924).
Oshel v. Creston Comm. School Dist., DPI Admin. Doc. 570 (1981).
Iowa Code §§ 257.6; 282.1, .2, .6, .7, .24 (2001).
Cross Reference: 501 Student Attendance
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04
501.3 - Compulsory Attendance
501.3 - Compulsory AttendanceParents within the school district who have children over age six and under age sixteen by September 15, in proper physical and mental condition to attend school, will have the children attend the school district at the attendance center designated by the board. Students will attend school the number of days school is in session in accordance with the school calendar. Students of compulsory attendance age will attend school a minimum of 175 days. Students not attending the minimum days must be exempted by this policy as listed below or, referred to the county attorney. Exceptions to this policy include children who:
· have completed the requirements for graduation in an accredited school or have obtained a high school equivalency diploma;
· are attending religious services or receiving religious instruction;
· are attending an approved or probationally approved private college preparatory school;
· are attending an accredited nonpublic school;
- are receiving independent private instruction; or,
· are receiving competent private instruction.
It is the responsibility of the parent of a child to provide evidence of the child's mental and physical inability to attend school or of the child's qualifications for one of the exceptions listed above.
The principal will investigate the cause for a student's truancy. If the principal is unable to secure the truant student's attendance, the principal should discuss the next step with the school board. If after school board action, the student is still truant, the principal will refer the matter over to the county attorney.
The school will participate in mediation if requested by the county attorney. The superintendent will represent the school district in mediation. The school district will monitor the student's compliance with the mediation agreement and will report violations of the mediation agreement to the county attorney.
Legal Reference: Iowa Code §§ 239.5B; 259A; 279.10-.11; ch. 299; 299A (2001).
441 I.A.C. 41.25(8).
1978 Op. Att'y. Gen. 379.
Cross Reference: 501 Student Attendance
601.1 School Calendar
604.1 Competent Private Instruction
Approved 01-15-90
Reviewed 11-18-91; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 12-16-91; 01-19-04
501.3R1 - Attendance Cooperation Process
501.3R1 - Attendance Cooperation ProcessWhen it is determined that a student in grades K-6 is in violation of the school district attendance policy and procedures, the principal will check the Department of Human Services records to determine whether the student’s family is receiving Family Investment Program (FIP) benefits. If the student’s family is receiving FIP benefits, the principal will notify DHS. DHS is then responsible for the ACP.
If the student’s family is not receiving FIP benefits, the principal will initiate the ACP. The parents will be contacted to participate in the ACP. The principal may also invite juvenile court officers, the county attorney, other school officials and others deemed appropriate. If others are invited who don’t have access to the student’s records either by law or a Juvenile Justice Agency Information Sharing Agreement, parental consent is needed for them to participate in the ACP.
The purpose of the ACP is to determine the cause of the student’s nonattendance, get the parties to agree to solutions addressing the nonattendance and initiate referrals to any other services that may be necessary. The agreement is then written. The agreement is to include all terms agreed to and future responsibilities of all parties. All parties must sign the agreement and failure to sign by the parents is considered a violation of the process and initiates the next level.
If the parents do not participate in the ACP, if the parties do not enter into an ACA or if the parents violate a term of the agreement, the student is deemed truant. For FIP students and non-FIP students, the school district notifies the county attorney when students are truant. When a student is deemed truant, for FIP students, DHS is again notified and DHS then initiates the process whereby FIP benefits are reduced.
501.4 - Entrance - Admissions
501.4 - Entrance - AdmissionsChildren in the school district community will be allowed to enroll in the school district's regular education program beginning at age five. The child must be age five on or prior to September 15 to participate in the school district's kindergarten program. The child must be age six on or prior to September 15 to begin the first grade of the education program.
To enter the school’s four year old Pre-School program the student must be age four (4) on or prior to September 15 with no tuition charged. To enter the school’s three year old Pre-school program the student must be three (3) on or prior to September 15. Tuition will be charged for the three year old program.
The board will require evidence of age and residency in the form of a birth certificate or other evidence before the student may enroll in the school district's education program. It is within the discretion of the superintendent to determine what is satisfactory evidence for proof of age.
Prior to enrollment, the child must provide the administration with their health and immunization certificate. Failure to provide this information within the time period set by the superintendent is reason for suspension, expulsion or denying admission to the student.
Legal Reference: Iowa Code §§ 139.9; 282.1, .3, .6 (2001).
1980 Op. Att'y Gen. 258.
Cross Reference: 501 Student Attendance
507.1 Student Health and Immunization Certificates
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04; 02-18-08; 12-19-11
501.5 - Attendance Center Assignment
501.5 - Attendance Center AssignmentThe board will have complete discretion to determine the boundaries for each attendance center, to assign students to the attendance centers, and to assign students to the classrooms within the attendance center.
It is the responsibility of the superintendent to make a recommendation to the board annually regarding the assigned attendance center for each student. In making the recommendation, the superintendent will consider the geographical layout of the school district, the condition and location of the school district facilities, the location of student population, possible transportation difficulties, financial condition of the school district and other factors deemed relevant by the superintendent or the board.
Legal Reference: Iowa Code §§ 279.11; 282.7-.8 (2001).
Cross Reference: 501 Student Attendance
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-14-11; 05-11-16
Revised 01-19-04
501.6 - Student Transfers In
501.6 - Student Transfers InStudents who transfer into the school district must meet the immunization and age requirements set out for students who initially enroll in the school district.
The school district will request the student's cumulative records from the previous school district. If the student cannot offer proof of grade level, the superintendent will make the grade level determination. The superintendent may require testing or other information to determine the grade level. Students expelled or suspended from their previous school district will only be enrolled after approval of the board.
The superintendent will determine the amount of credits to be transferred. If the student has not previously attended an accredited school, it is within the superintendent's discretion to accept or reject credits or grades.
The board may deny admission if the student is not willing to provide the board with the necessary information.
Legal Reference: 20 U.S.C. § 1232g (1994).
Iowa Code §§ 139.9; 282.1, .3, .4; 299A (2001).
Cross Reference: 501 Student Attendance
505.4 Student Honors and Awards
507 Student Health and Well-Being
604.1 Competent Private Instruction
Approved 01-15-90
Reviewed 11-15-93; 05-15-95; 11-20-95; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 12-20-93; 06–12-95; 12-18-95; 01-19-04
501.7 - Student Transfers Out or Withdrawals
501.7 - Student Transfers Out or WithdrawalsIf the student's parents wish to withdraw or transfer the student from school prior to completing and graduating from the education program, they will notify the superintendent in writing as soon as possible of the decision to withdraw or transfer the student from the education program. The student or parent should present this written notice at the office and receive instructions regarding the return of textbooks, library books, locker equipment, hot lunch tickets, etc.
The notice will state the student's final day of attendance. If the student is not enrolling in another school district, the school district will maintain the student's records in the same manner as the records of students who have graduated from the school district.
If the parents wish to have the student's cumulative record sent to the new school district, the parents will notify the superintendent in writing. This notice will include the name of the school district and the person at the new school district to whom the student's cumulative records should be sent. If the new school district requests the student's cumulative records, the school district will forward the cumulative records and notify the parents the records have been sent. The notice will inform the parents of their right to review the records sent.
If the student is of compulsory education age and not transferring to another public school district or an accredited nonpublic school, the parents will notify the superintendent that the student is receiving competent private instruction and file the necessary competent private instruction reports.
Legal Reference: 20 U.S.C. § 1232g (1994).
Iowa Code §§ 274.1; 299.1-.1A (2001).
Cross Reference: 501 Student Attendance
506 Student Records
604.1 Competent Private Instruction
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04
501.8 - Student Attendance Records
501.8 - Student Attendance RecordsAs part of the school district's records, the daily attendance of each student is recorded and maintained on file with the permanent records of the board secretary-treasurer.
It is the responsibility of the principals to ensure that such reports are filed with the board secretary-treasurer, the custodian of school records.
Legal Reference: Iowa Code §§ 294.4; 299 (2001).
281 I.A.C. 12.2(4).
Cross Reference: 501 Student Attendance
506 Student Records
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04
501.9 - Student Absences - Excused
501.9 - Student Absences - ExcusedRegular attendance by students is essential for students to obtain the maximum opportunities from the education program. Parents and students alike are encouraged to ensure an absence from school is a necessary absence. Students will attend school unless excused by the principal of their attendance center.
Student absences approved by the principal are excused absences. Excused absences will count as days in attendance for purposes of the truancy law. These absences include, but are not limited to, illness, family emergencies, recognized religious observances, appointments that cannot be scheduled outside the school day and school-sponsored or approved activities.
Students whose absences are approved will make up the work missed and receive full credit for the missed school work. It is the responsibility of the student to initiate a procedure with the student's teacher to complete the work missed.
Students who wish to participate in school-sponsored activities must attend school the last half of the day of the activity unless permission has been given by the principal for the student to be absent.
It is the responsibility of the parent to notify the student's attendance center as soon as the parent knows the student will not be attending school on that day. The principal may request evidence or written verification of the student's reason for absence.
It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Legal Reference: Iowa Code §§ 294.4; 299 (2001).
281 I.A.C. 12.2(4).
Cross Reference: 501 Student Attendance
503 Student Discipline
504 Student Activities
506 Student Records
Approved 01-15-90
Reviewed 11-18-91; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 12-16-91; 01-19-04
501.10 - Truancy - Unexcused Absences
501.10 - Truancy - Unexcused AbsencesRegular attendance by the students at school is essential for students to obtain the maximum opportunities from the education program. Parents and students alike are encouraged to ensure an absence from school is a necessary absence. Students will attend school unless excused by the principal of their attendance center.
Truancy is the failure to attend school for the minimum number of days established in the school calendar by the board. Truancy is the act of being absent without a reasonable excuse. Truancy will not be tolerated by the board.
Students are subject to disciplinary action for truancy including suspension and expulsion. It is within the discretion of the principal to determine, in light of the circumstances, whether a student may make up work missed because of truancy. Students receiving special education services will not be assigned to a suspension unless the goals and objectives of the student's Individualized Education Program are capable of being met.
It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy. The administrative regulations will indicate the disciplinary action to be taken for truancy.
Legal Reference: Iowa Code §§ 294.4; 299 (2001).
281 I.A.C. 12.2(4).
Cross Reference: 206.3 Secretary
410.5 Truancy Officer
501 Student Attendance
503 Student Discipline
504 Student Activities
506 Student Records
Approved 07-18-90
Reviewed 11-18-91; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 12-16-91; 01-19-04
501.10R1 - Truancy - Unexcused Absence Regulation
501.10R1 - Truancy - Unexcused Absence RegulationDaily, punctual attendance is an integral part of the learning experience and is required of all students to receive the maximum benefit of the educational program. The habit of good attendance established early is one which helps a person be successful throughout his or her lifetime. More and more, employers, colleges and vocational schools expect good attendance and are checking attendance records for absences and tardies. They are aware that good and prompt attendance indicates dependability in a student.
The education that goes on in the classroom builds from day to day and as a result, absences always cause some disruption in the educational progress of the absent student. Students who are absent may not understand what the teacher is currently presenting, and may also become discouraged with the double burden of keeping current and making up missed work. In order to maintain interest and understanding in the instructional program, students should not expect to be absent any more than is absolutely necessary. Irregular attendance or tardiness by students not only retards their own studies, but also interferes with the progress of those students who are regular and prompt in attendance. Attendance is a shared responsibility that requires cooperation and communication among students, parents and school.
Students who are absent without a reasonable excuse, as determined by the principal, will be assigned to detention, in-school suspension, or other appropriate disciplinary sanctions. Reasonable excuses include illness, family emergencies, recognized religious observances and school sponsored or approved activities. Reasonable excuses may also include family trips or vacations if the student's work is finished prior to the trip or vacation.
In the event the student has not completed all of the student’s assignments while in detention or in-school suspension, the student will remain in detention or in-school suspension until caught up in every class.
School work missed because of absences must be made up within two times the number of days absent, not to exceed ten (10) days. The time allowed for make-up work may be extended at the discretion of the classroom teacher.
Students will be allowed to make up all work missed due to any absence and will receive full credit for make-up work handed in on time. Teachers will not have attendance or grading practices that are in conflict with this provision.
501.11 - Student Release During School Hours
501.11 - Student Release During School HoursStudents will be allowed to leave the school district facilities during school hours only with prior authorization from their parents, unless the parent appears personally at the student's attendance center to arrange for the release of the student during school hours, or with the permission of the principal.
Approved reasons for release of a student during the school day will include, but not be limited to, illness, family emergencies, medical appointments, religious instruction, classes outside the student's attendance center, employment for which the student has been issued a work permit and other reasons determined appropriate by the principal.
It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Legal Reference: Iowa Code § 294.4 (2001).
281 I.A.C. 12.2(4).
Cross Reference: 501 Student Attendance
503 Student Discipline
504 Student Activities
506 Student Records
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04
501.12 - Pregnant Students
501.12 - Pregnant StudentsThe board encourages pregnant students to continue to attend the education program as long as they are physically able to do so. The pregnant student may notify the principal or the guidance counselor as soon as she is aware of the pregnancy. The school may require that a pregnant student provide the principal with a written note from her doctor relative to special conditions that might exist and specific suggestions as to how long the student may continue to attend classes. If the student is unable to attend school because of her pregnancy, the student may be excused and arrangements made to continue her studies during her absence. The student will resume classes upon the recommendation of her physician.
Legal Reference: Iowa Code §§ 216; 279.8; 280.3 (2001).
Cross Reference: 501 Student Attendance
604.2 Individualized Instruction
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04
501.13 - Students of Legal Age
501.13 - Students of Legal AgeStudents who have attained legal age may continue the education program without payment of tuition as long as they are eligible to attend an Iowa public school and are residents of the school district.
Parents will be allowed to access and view the student's records without written permission from the student if the student is still a dependent for tax purposes. In most cases, with the discretion of the principal or the superintendent, the student will be able to make decisions and sign documents rather than requiring parental permission or signature.
Legal Reference: 20 U.S.C. § 1232g (1994).
Iowa Code §§ 22; 282.2, .6, .7; 285.4; 599.1; 622.10 (2001).
281 I.A.C. 12.3(6).
Cross Reference: 501 Student Attendance
506 Student Records
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04
501.14 - Open Enrollment Transfers - Procedures as a Sending District
501.14 - Open Enrollment Transfers - Procedures as a Sending DistrictThe school district will participate in open enrollment as a sending district. As a sending district, the board will allow resident students who meet the requirements to open enroll to another public school district.
Parents requesting open enrollment out of the school district for their student will notify the school district no later than March 1 in the school year preceding the first year desired for open enrollment. The notice is made on forms provided by the Department of Education. The forms are available at the central administration office.
Parents of children who will begin kindergarten in the school district are exempt from the open enrollment March 1 deadline. Parents of children who will begin kindergarten will file in the same manner set forth above by September 1. Parents who have good cause as defined by law for failing to meet the March 1 deadline may make an open enrollment request in the same manner set forth above.
The receiving district will approve open enrollment requests according to the timelines established by law. The parents may withdraw the open enrollment request prior to the start of the school year. The receiving district’s superintendent will notify the parents and sending school district by mail within five days of the school district’s action to approve or deny the open enrollment request. The board will not approve a student’s request to allow the receiving district to enter the school district for the purposes of transportation.
The board will approve all other open enrollment requests according to the timelines established by law. The parents may withdraw the open enrollment request prior to the start of the school year. The superintendent will notify the parents by mail within three days of the board’s action to approve or deny the open enrollment request. Approved open enrollment requests are transmitted by the superintendent to the receiving district within five days after the board’s action on the open enrollment request.
An open enrollment request out of the school district from parents of a special education student is reviewed on a case-by-case basis. The determining factor for approval of such an open enrollment request will be whether the special education program available in the receiving school district is appropriate for the student's needs. The area education agency director of special education serving the receiving district will determine whether the program is appropriate. The special education student will remain in the school district until the final determination is made.
It is the responsibility of the superintendent to maintain open enrollment request applications and notice forms. It will also be the responsibility of the superintendent to develop appropriate office procedures and administrative regulations necessary for open enrollment requests.
Legal Reference: Iowa Code §§ 139.9; 274.1; 279.11; 282.1, .3, .8, .18; 299.1 (2001).
281 I.A.C. 17.
1990 Op. Att'y Gen. 75.
Cross Reference: 501 Student Attendance
506 Student Records
Approved 01-15-90
Reviewed 04-20-92; 09-19-94; 05-20-96; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 05-18-92; 10-17-94; 06-18-96; 01-19-04
501.15 - Open Enrollment Transfers - Procedures As a Receiving District
501.15 - Open Enrollment Transfers - Procedures As a Receiving DistrictThe school district will participate in open enrollment as a receiving district. As a receiving district, the board will allow nonresident students, who meet the legal requirements, to open enroll into the school district. The board will have complete discretion to determine the attendance center of the students attending the school district under open enrollment.
The board will take action on the open enrollment request no later than March 1 in the year preceding the first year desired for open enrollment.
The superintendent will notify the sending school district within five days of the board’s action to approve or deny the open enrollment request. The superintendent will notify the parents within fifteen days of the board’s action to approve or deny the open enrollment request. The superintendent will also forward a copy of the board’s action with a copy of the open enrollment request to the Iowa Department of Education.
Open enrollment requests into the school district will not be approved if insufficient classroom space exists. Open enrollment requests into the school district will also not be approved for students who have been suspended or expelled by the administration or the board of the school district the student is or was attending until the student has been reinstated into the school district from which the student was suspended or expelled. Once the student is reinstated, the student's open enrollment request will be considered in the same manner as other open enrollment requests provided the required timelines are met.
Open enrollment requests into the school district that, if denied, would result in students from the same nuclear family being enrolled in different school districts, will be given highest priority. The board, in its discretion, may waive the insufficient classroom space reason for denial for students of the same nuclear family to prevent the division of a nuclear family between two school districts. Other open enrollment requests into the school district are considered in the order received by the school district with the first open enrollment request given a higher priority than the second open enrollment request and so forth.
Generally, students in grades ten through twelve open enrolling into the school district will not be eligible for participation in interscholastic athletics during the first ninety days of open enrollment into the school district.
Parents of students whose open enrollment requests are approved by the board are responsible for providing transportation to and from the receiving school district without reimbursement. The board will not approve transportation into the sending district.
An open enrollment request into the school district from parents of a special education student is reviewed on a case-by-case basis. The determining factors for approval of such an open enrollment request will be whether the special education program available in the school district is appropriate for the student's needs and whether the enrollment of the special education student will cause the class size to exceed the maximum allowed. The area education agency director of special education serving the school district will determine whether the program is appropriate. The special education student will remain in the sending district until the final determination is made.
The policies of the school district will apply to students attending the school district under open enrollment.
It is the responsibility of the superintendent to develop appropriate office procedures and administrative regulations necessary for open enrollment requests.
Legal Reference: Iowa Code §§ 139.9; 274.1; 279.11; 282.1, .3, .8, .18; 299.1 (2001).
281 I.A.C. 17.
1990 Op. Att'y Gen. 75.
Cross Reference: 501.6 Student Transfers In
501.7 Student Transfers Out or Withdrawals
501.15 Open Enrollment Transfers - Procedures as a Sending District
506 Student Records
507 Student Health and Well-Being
606.9 Insufficient Classroom Space
Approved 01-15-90
Reviewed 04-20-92; 05-20-96; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 05-18-92; 06-18-96; 01-19-04
501.16 - Homeless Children and Youth
501.16 - Homeless Children and YouthThe board will make reasonable efforts to identify homeless children and youth of school age within the district, encourage their enrollment and eliminate existing barriers to their receiving an education which may exist in district policies or practices. The designated coordinator for identification of homeless children and for tracking and monitoring programs and activities for these children is the school guidance counselor.
A homeless child is defined as a child or youth between the ages of 3 and 21 who lacks a fixed, regular and adequate nighttime residence and includes a child or youth who is living on the street, in a car, tent, or abandoned building or some other form of shelter not designed as a permanent home; who is living in a community shelter facility; or who is living with non-nuclear family members or with friends, who may or may not have legal guardianship over the child or youth of school age.
So that enrollment of homeless children and youth of school age may be facilitated, the following policy areas are modified as follows:
School Records: For students transferring out of the district, records may be provided directly to the student or the student's parents. In addition, students transferring into the school district may provide cumulative records directly to the district. The school district will not require that such records be forwarded from another school district before that student may enroll. The school will then request the official records from the previous school.
Immunization Requirements: Homeless students will not be denied enrollment for lack of immunization records if:
1. They have a statement signed by a physician stating that immunization would be injurious to the student;
2. They provide an affidavit stating such immunization would conflict with their religious beliefs;
3. They are in the process of being immunized; or
4. They are a transfer student from another school.
The school district will make a reasonable effort to locate immunization records from the information provided or will arrange for the student to receive immunizations.
Waiver of Fees and Charges: Fees and charges which may present a barrier to the enrollment or transfer of a homeless child or youth may be waived in the discretion of the superintendent.
Enrollment Requirements/Placement: Enrollment requirements which may constitute a barrier to the education of the homeless child or youth may be waived in the discretion of the superintendent. If the school district is unable to determine the grade level of the student because of missing or incomplete records, the school district will administer tests or utilize other reasonable means to determine the appropriate grade level for the child.
Residency: For purposes of a homeless child or youth, residence for the purpose of attending school is where the child actually resides or the child's school district of origin. A child's school district of origin is the school district where the child was last enrolled. The deciding factor is the welfare of the child. As much as possible, the child will not be required to change attendance centers within the school district every time the child changes residence unless that change results in the child no longer being classified as homeless.
Transportation: Policies or practices regarding transportation of students which might cause a barrier to the attendance of a homeless child or youth may be waived by the superintendent.
Special Services: All services which are available to resident students are made available to homeless children or youths enrolled in the school district. Services include special education, talented and gifted programs, vocational education, English as a second language programs, health services and food and nutrition programs.
The contents of this policy will supersede any and all conflicting provisions in board policies dealing with the seven policy areas discussed above.
Legal Reference: 42 U.S.C. §§ 11431 et seq. (1994).
281 I.A.C. 33.
Cross Reference: 501 Student Attendance
503.3 Fines - Fees - Charges
506 Student Records
507.1 Student Health and Immunization Certificates
603.3 Special Education
711.1 Student School Transportation Eligibility
Approved 02-18-93
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-20-14; 05-11-16
Revised 01-19-04; 06-17-14
502 - Student Rights and Responsibilities
502 - Student Rights and Responsibilities dawn.gibson.cm… Tue, 08/22/2023 - 15:51502.1 - Student Appearance
502.1 - Student AppearanceThe board believes inappropriate student appearance causes material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees and visitors.
Students are expected to adhere to standards of cleanliness and dress that are compatible with the requirements of a good learning environment. The standards will be those generally acceptable to the community as appropriate in a school setting.
The board expects students to be clean and well-groomed and wear clothes in good repair and appropriate for the time, place and occasion. Clothing or other apparel promoting products illegal for use by minors and clothing displaying obscene material, profanity, or reference to prohibited conduct are disallowed. While the primary responsibility for appearance lies with the students and their parents, appearance disruptive to the education program will not be tolerated. When, in the judgment of a principal, a student's appearance or mode of dress disrupts the educational process or constitutes a threat to health or safety, the student may be required to make modifications.
It is the responsibility of the superintendent, in conjunction with the principals, to develop administrative regulations regarding this policy.
Legal Reference: Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
Bethal School District v. Fraser, 478 U.S. 675 (1986).
Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969).
Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).
Torvik v. Decorah Community School, 453 F.2d 779 (8th Cir. 1972).
Turley v. Adel Community School District, 322 F.Supp. 402 (S.D. Iowa 1971).
Sims v. Colfax Comm. School Dist., 307 F.Supp. 485 (Iowa 1970).
Iowa Code § 279.8 (2001).
Cross Reference: 500 Objectives for Equal Educational Opportunities for Students
502 Student Rights and Responsibilities
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04
502.2 - Care of School Property/Vandalism
502.2 - Care of School Property/VandalismStudents will treat school district property with the care and the respect they would treat their own property. Students found to have destroyed or otherwise harmed school district property may be required to reimburse the school district. They may be subject to discipline under board policy and the school district rules and regulations. They may also be referred to local law enforcement authorities.
It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative rules regarding this policy.
Legal Reference: Iowa Code §§ 279.8; 282.4, .5; 613.16 (2001).
Cross Reference: 502 Student Rights and Responsibilities
802.1 Maintenance Schedule
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04
502.3 - Freedom of Expression
502.3 - Freedom of ExpressionStudent expression, other than student expression in student-produced official school publications, made on the school district premises or under the jurisdiction of the school district or as part of a school-sponsored activity may be attributed to the school district; therefore, student expression must be responsible. Student expression must be appropriate to assure that the students learn and meet the goals of the school activity and that the potential audience is not exposed to material that may be harmful or inappropriate for their level of maturity.
Students will be allowed to express their viewpoints and opinions as long as the expression is responsible. The expression will not, in the judgment of the administration, encourage the breaking of laws, defame others, be obscene or indecent, or cause a material and substantial disruption to the educational program. The administration, when making this judgment, will consider whether the activity in which the expression was made is school-sponsored and whether review or prohibition of the students' speech furthers an educational purpose. Further, the expression must be done in a reasonable time, place, and manner that is not disruptive to the orderly and efficient operation of the school district.
Students who violate this policy may be subject to disciplinary measures. Employees are responsible for insuring students' expression is in keeping with this policy. It is the responsibility of the superintendent to develop administrative regulations regarding this policy.
Legal Reference: U.S. Const. amend. I.
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
Bethel School District v. Fraser, 478 U.S. 675 (1986).
New Jersey v. T.L.O., 469 U.S. 325 (1985).
Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969).
Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).
Iowa Code §§ 279.8; 280.22; 282.3 (2001).
Cross Reference: 502 Student Rights and Responsibilities
504 Student Activities
603.9 Academic Freedom
904.5 Distribution of Materials
Approved 01-15-90
Reviewed 03-16-92; 12-15-03; 11-21-11; 05-11-16
Revised 04-20-92; 01-19-04
502.4 - Student Complaints and Grievances
502.4 - Student Complaints and GrievancesStudent complaints and grievances regarding board policy or administrative regulations and other matters should be addressed to the student's teacher or another licensed employee, other than the administration, for resolution of the complaint. It is the goal of the board to resolve student complaints at the lowest organizational level.
If the complaint cannot be resolved by a licensed employee, the student may discuss the matter with the principal within five (5) days of the employee's decision. If the matter cannot be resolved by the principal, the student may discuss it with the superintendent within five (5) days after speaking with the principal.
If the matter is not satisfactorily resolved by the superintendent, the student may ask to have the matter placed on the board agenda of a regularly scheduled board meeting in compliance with board policy.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 214.1 Board Meeting Agenda
215 Public Participation in Board Meetings
309 Communication Channels
502 Student Rights and Responsibilities
504.3 Student Publications
Approved 01-15-90
Reviewed 03-16-92; 12-15-03; 11-21-11; 05-11-16
Revised 04-20-92; 01-19-04
502.5 - Student Lockers
502.5 - Student LockersStudent lockers are the property of the school district. Students will use the lockers assigned to them by the school district for storing their school materials and personal belongings necessary for attendance at school. It is the responsibility of students to keep their assigned lockers clean and undamaged.
To ensure students are properly maintaining their assigned lockers, the principal of the building may periodically inspect all or a random selection of lockers. Either students or another individual will be present during the inspection of lockers. Student lockers may also be searched, at any time and without advance notice, in compliance with board policy regulating search and seizure.
Legal Reference: Iowa Code §§ 279.8; 280.14; 808A (2001).
Cross Reference: 502 Student Rights and Responsibilities
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04
502.6 - Weapons
502.6 - WeaponsThe board believes weapons, other dangerous objects and look-a-likes in school district facilities cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees and visitors on the school district premises or property within the jurisdiction of the school district.
School district facilities are not an appropriate place for weapons, dangerous objects and look-a-likes. Weapons and other dangerous objects and look-a-likes will be taken from students and others who bring them onto the school district property or onto property within the jurisdiction of the school district or from students who are within the control of the school district.
Parents of students found to possess weapons, dangerous objects or look-a-likes on school property are notified of the incident. Possession or confiscation of weapons or dangerous objects will be reported to law enforcement officials, and students will be subject to disciplinary action including suspension or expulsion.
Students bringing firearms to school or knowingly possessing firearms at school will be expelled for not less than one year. The superintendent has the authority to recommend this expulsion requirement be modified for students on a case-by-case basis. For purposes of to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, a muffler or silencer for such a weapon, or any explosive, incendiary or poison gas.
Weapons under the control of law enforcement officials are exempt from this policy. The principal may allow authorized persons to display weapons, other dangerous objects or look-a-likes for educational purposes. Such a display will also be exempt from this policy. It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Legal Reference: Improving America's Schools Act of 1994, P.L. 103-382.
18 U.S.C. § 921 (1994).
McClain v. Lafayette County Bd. of Education, 673 F.2d 106 (5th Cir. 1982).
Iowa Code §§ 279.8; 280.21B; 724 (2001).
281 I.A.C. 12.3(6)
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
507 Student Health and Well-Being
Approved 01-15-90
Reviewed 09-19-94; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 10-17-94; 01-19-04
502.7 - Smoking - Drinking - Drugs
502.7 - Smoking - Drinking - DrugsThe board prohibits the distribution, dispensing, manufacture, possession, use, or being under the influence of beer, wine, alcohol, tobacco, other controlled substances, or "look alike" substances that appear to be tobacco, beer, wine, alcohol or controlled substances by students while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if the misconduct will directly affect the good order, efficient management and welfare of the school district.
The board believes such illegal, unauthorized or contraband materials generally cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees, or visitors.
Violation of this policy by students will result in disciplinary action including suspension or expulsion. Use, purchase or being in possession of cigarettes, tobacco or tobacco products for those under the age of eighteen, may be reported to the local law enforcement authorities. Possession, use or being under the influence of beer, wine, alcohol and/or of a controlled substance may also be reported to the local law enforcement authorities.
Students who violate the terms of this policy may be required to satisfactorily complete a substance abuse assistance or rehabilitation program approved by the school board. If such student fails to satisfactorily complete such a program, the student may be subject to discipline including suspension or expulsion.
The board believes the substance abuse prevention program will include:
· Age-appropriate, developmentally-based drug and alcohol curriculum for students in grades kindergarten through twelve, which address the legal, social, and health consequences of tobacco, drug and alcohol use and which provide information about effective techniques for resisting peer pressure to use tobacco, drugs or alcohol;
· A statement to students that the use of illicit drugs and the unlawful possession and use of alcohol is wrong and harmful;
· Standards of conduct for students that clearly prohibit, at a minimum, the unlawful possession, use, being under the influence of or distribution of illicit drugs and alcohol by students on school premises or as part of any of its activities;
· A clear statement that disciplinary sanctions, up to and including suspension or expulsion and referral for prosecution, will be imposed on students who violate the policy and a description of those sanctions;
Approved 01-15-90
Reviewed 11-18-91; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 12-16-91; 01-19-04
502.8 - Search and Seizure
502.8 - Search and SeizureSchool district property is held in public trust by the board. School district authorities may, without a search warrant, search students or protected student areas based on a reasonable and articulable suspicion that a school district policy, rule, regulation or law has been violated. The search is in a manner reasonable in scope to maintain order and discipline in the schools, promote the educational environment, and protect the safety and welfare of students, employees and visitors to the school district facilities. The furnishing of a locker, desk or other facility or space owned by the school and provided as a courtesy to a student, even if the student provides the lock for it, will not create a protected student area and will not give rise to an expectation of privacy with respect the locker, desk, or other facility.
School authorities may seize any illegal, unauthorized or contraband materials discovered in the search. Items of contraband may include, but are not limited to, nonprescription controlled substances, marijuana, cocaine, amphetamines, barbiturates, apparatus used for controlled substances, alcoholic beverages, tobacco, weapons, explosives, poisons and stolen property. Such items are not to be possessed by a student while they are on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district. Possession of such items will be grounds for disciplinary action including suspension or expulsion and may be reported to local law enforcement officials. The board believes that illegal, unauthorized or contraband materials may cause material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees, or visitors on the school district premises or property within the jurisdiction of the school district.
It is the responsibility of the superintendent, in conjunction with the principals, to develop administrative regulations regarding this policy.
Legal Reference: U.S. Const. amend. IV.
New Jersey v. T.L.O., 469 U.S. 325 (1985).
Cason v. Cook, 810 F.2d 188 (8th Cir. 1987), cert. den., 482 U.S. 930 (1987).
Iowa Code ch. 808A (2001).
281 I.A.C. 12.3(8).
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04
502.8E1 - Search and Seizure Check List
502.8E1 - Search and Seizure Check ListI. What factors caused you to have a reasonable and articulable suspicion that the search of this student or the student's effects or automobile would turn up evidence that the student has violated or is violating the law, school policy, rules or regulations affecting school order?
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502.8R1 - Search and Seizure Regulation
502.8R1 - Search and Seizure RegulationI. Searches, in general.
A. Reasonable and Articulable Suspicion: A search of a student will be justified when there are reasonable grounds for the suspicion that the search will turn up evidence that the student has violated or is violating the law or school district policy, rules, or regulations affecting school order.
Reasonable suspicion may be formed by considering factors such as the following:
(1) eyewitness observations by employees;
(2) information received from reliable sources;
(3) suspicious behavior by the student; or,
(4) the student's past history and school record although this factor alone is not sufficient to provide the basis for reasonable suspicion.
B. Reasonable Scope: A search will be permissible in its scope or intrusiveness when the measures adopted are reasonably related to the objectives of the search. Reasonableness of scope or intrusiveness may be determined based on factors such as the following:
(1) the age of the student;
(2) the sex of the student;
(3) the nature of the infraction; and
(4) the emergency requiring the search without delay.
II. Types of Searches
A. Personal Searches
1. A student's person and/or personal effects (e.g., purse, backpack, etc.) may be searched when a school official has reasonable suspicion to believe the student is in possession of illegal or contraband items or has violated school district policies, rules, regulations or the law affecting school order.
2. Personally intrusive searches will require more compelling circumstances to be considered reasonable.
(a) Pat-Down Search: If a pat-down search or a search of a student's garments (such as jackets, socks, pockets, etc.) is conducted, it will be conducted in private by a school official of the same sex as the student and with another adult witness of the same sex present, when feasible.
(b) A more intrusive search, short of a strip search, of the student's person, handbags, book bags, etc., is permissible in emergency situations when the health and safety of students, employees, or visitors are threatened. Such a search may only be conducted in private by a school official of the same sex as the student, with an adult of the same sex present unless the health or safety of students will be endangered by the delay which may be caused by following these procedures.
B. Locker and Desk Inspections
Although school lockers and desks are temporarily assigned to individual students, they remain the property of the school district at all times. The school district has a reasonable and valid interest in insuring the lockers and desks are properly maintained. For this reason, lockers and desks are subject to unannounced inspections and students have no legitimate expectations of privacy in the locker or desk. Periodic inspections of all or a random selection of lockers or desks may be conducted by school officials in the presence of the student or another individual. Any contraband discovered during such searches will be confiscated by school officials and may be turned over to law enforcement officials.
The contents of a student's locker or desk (coat, backpack, purse, etc.) may be searched when a school official has reasonable and articulable suspicion that the contents contains illegal or contraband items or evidence of a violation of law or school policy or rule. Such searches should be conducted in the presence of another adult witness when feasible.
C. Automobile Searches
Students are permitted to park on school premises as a matter of privilege, not of right. The school retains authority to conduct routine patrols of the student parking lots. The interior of a student's automobile on the school premises may be searched if the school official has reasonable and articulable suspicion to believe that illegal, unauthorized or contraband items are contained inside.
502.9 - Interviews of Students by Outside Agencies
502.9 - Interviews of Students by Outside AgenciesGenerally, students may not be interviewed during the school day by persons other than parents and school district officials and employees.
Requests from law enforcement officers and from persons other than parents, school district officials, and employees to interview students are made through the principal's office. Upon receiving a request, it is the responsibility of the principal to determine whether the request will be granted. Generally, prior to granting a request, the principal will attempt to contact the parents to inform them of the request and to ask them to be present.
If a child abuse investigator wishes to interview a student, the principal will defer to the investigator's judgment as to whether the student should be interviewed independently from the student's parents, whether the school is the most appropriate setting for the interview, and who will be present during the interview.
Students will not be taken from school without the consent of the principal and without proper warrant.
Legal Reference: Iowa Code §§ 232; 280.17 (2001).
281 I.A.C. 102.
441 I.A.C. 9.2; 155; 175.
1980 Op. Att'y Gen. 275.
Cross Reference: 402.2 Child Abuse Reporting
502.10 Search and Seizure
503 Student Discipline
902.4 Students and the News Media
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04
502.10 - Student-To-Student Harassment
502.10 - Student-To-Student HarassmentHarassment of students by other students will not be tolerated in the school district. This policy is in effect while students are on school grounds, school district property, or on property within the jurisdiction of the school district; while on school-owned and/or school-operated vehicles; while attending or engaged in school activities; and while away from school grounds if the misconduct directly affects the good order, efficient management and welfare of the school district.
Harassment prohibited by the school district includes, but is not limited to, harassment on the basis of race, sex, creed, color, national origin, religion, marital status or disability. Students whose behavior is found to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, suspension and expulsion.
Sexual harassment means 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 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.
Sexual harassment as set out above, may include, but is not limited to the following:
· verbal 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.
Harassment on the basis of race, creed, color, religion, national origin, marital status or 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 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.
The district will promptly and reasonably investigate allegations of harassment. The building principal will be responsible for handling all complaints by students alleging harassment.
Retaliation against a student because the student has filed a harassment complaint or assisted or participated in a harassment investigation or proceeding is also prohibited. A student who is found to have retaliated against another in violation of this policy will be subject to discipline, up to and including, suspension and expulsion.
It will also be the responsibility of the superintendent, in conjunction with the investigator and principals, to develop administrative rules regarding this policy. The superintendent will also be responsible for organizing training programs for students and employees. The training will include how to recognize harassment and what to do in case a student is harassed.
Legal References: 20 U.S.C. §§ 1221-1234i (1994).
29 U.S.C. § 794 (1994).
42 U.S.C. §§ 2000d-2000d-7 (1994).
42 U.S.C. §§ 12001 et. seq. (1994).
Iowa Code §§ 216.9; 280.3 (2001).
281 I.A.C. 12.3(6).
Cross References: 403.6 Harassment
502 Student Rights and Responsibilities
503 Student Discipline
506 Student Records
Approved 11-21-94
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04
502.10E1 - Harassment Complaint Form
502.10E1 - Harassment Complaint FormName of complainant: _________________________________________________________________
Position of complainant: _______________________________________________________________
Date of complaint: ____________________________________________________________________
Name of alleged harasser: ______________________________________________________________
Date and place of incident or incidents: ____________________________________________________
____________________________________________________________________________________
Description of misconduct: ______________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Name of witnesses (if any): _____________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Evidence of harassment, i.e., letters, photos, etc. (attach evidence if possible): _____________________
____________________________________________________________________________________
Any other information: _________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: ________________________________________________
Date: ________________________________
502.10E2 - Witness Disclosure Form
502.10E2 - Witness Disclosure FormName of witness: ___________________________________________________________________________
Position of witness: _________________________________________________________________________
Date of testimony, interview: __________________________________________________________________
Description of instance witnessed: ______________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Any other information: _______________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: ______________________________________________
Date: __________________________________
502.10R1 - Student-To-Student Harassment Investigation Procedures
502.10R1 - Student-To-Student Harassment Investigation ProceduresHarassment of students by other students will not be tolerated in the school district. This policy is in effect while students are on school grounds, school district property, or on property within the jurisdiction of the school district; while on school-owned and/or school-operated vehicles or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if the misconduct directly affects the good order, efficient management and welfare of the school district.
Harassment prohibited by the school district includes, but is not limited to, harassment on the basis of race, sex, creed, color, national origin, religion, marital status or disability. Students whose behavior is found to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, suspension and expulsion.
Sexual harassment means 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 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.
Sexual harassment as set out above, may include, but is not limited to the following:
· verbal 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.
Harassment on the basis of race, creed, color, religion, national origin, marital status or 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 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.
Harassment and abuse are violations of school district policies, rules and regulations and, in some cases, may also be a violation of criminal or other laws. The school district has the authority to report students violating this rule to law enforcement officials.
Students who feel that they have been harassed should:
· Communicate to the harasser that the student expects the behavior to stop, if the student is comfortable doing so. If the student needs assistance communicating with the harasser, the student should ask a teacher, counselor or principal to help.
· If the harassment does not stop, or the student does not feel comfortable confronting the harasser, the student should:
-- tell a teacher, counselor or principal; and
-- write down exactly what happened, keep a copy and give another copy to the teacher, counselor or principal including;
- what, when and where it happened;
- who was involved;
- exactly what was said or what the harasser did;
- witnesses to the harassment;
- what the student said or did, either at the time or later;
- how the student felt; and
- how the harasser responded.
COMPLAINT PROCEDURE
A student who believes that the student has been harassed will notify the superintendent, the designated investigator. The alternate investigator is the elementary principal. The investigator may request that the student complete the Harassment Complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures. Information received during the investigation is kept confidential to the extent possible.
The investigator, with the approval of the principal, or the principal has the authority to initiate a harassment investigation in the absence of a written complaint.
INVESTIGATION PROCEDURE
The investigator will reasonably and promptly commence the investigation upon receipt of the complaint. The investigator will interview the complainant and the alleged harasser. The alleged harasser may file a written statement refuting or explaining the behavior outlined in the complaint. The investigator may also interview witnesses as deemed appropriate.
Upon completion of the investigation, the investigator will make written findings and conclusions as to each allegation of harassment and report the findings and conclusions to the principal. The investigator will outline the findings of the investigation to the principal.
RESOLUTION OF THE COMPLAINT
Following receipt of the investigator's report, the principal may investigate further, if deemed necessary, and make a determination of the appropriate next step which may include discipline, up to and including, suspension and expulsion.
Prior to the determination of the appropriate remedial action, the principal may, at the principal's discretion, interview the complainant and the alleged harasser. The principal will file a written report closing the case and documenting any disciplinary action taken or any other action taken in response to the complaint. The complainant, the alleged harasser and the investigator will receive notice as to the conclusion of the investigation.
POINTS TO REMEMBER IN THE INVESTIGATION
· Evidence uncovered in the investigation is confidential.
· Complaints must be taken seriously and investigated.
· No retaliation will be taken against individuals involved in the investigation process.
· Retaliators will be disciplined up to and including suspension and expulsion.
CONFLICTS
If the investigator is a witness to the incident, the alternate investigator is the investigator.
502.11 - Use of Motor Vehicles
502.11 - Use of Motor VehiclesThe board recognizes the convenience to families and students of having students drive to and park at their school attendance center. Driving a motor vehicle to and parking it at the student's attendance center is a privilege.
Students who drive to and park at their school attendance center shall only drive to and park at their designated attendance center. Students may not loiter around or be in their vehicle during the school day without permission from the principal. Students shall leave their attendance center when there is no longer a legitimate reason for them to be at their attendance center. Students who drive shall enter and leave the parking lot by the routes designated by the principal.
Students who live within one mile of school, and would not otherwise be eligible for a student driving permit, may be eligible for a student driving permit, for driving to and from school and school activities and practices, if the student is participating in the activity.
Students who wish to drive to and park at their school attendance center shall comply with the rules and regulations established by the building principal. Failure to comply with this policy or the school district rules shall be reason for revocation of school driving and parking privileges as well as other disciplinary action including suspension and expulsion.
Legal Reference: Iowa Code §§ 279.8; 321 (2001).
Cross Reference: 502 Student Rights and Responsibilities
802.6 Parking
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04
503 - Student Discipline
503 - Student Discipline dawn.gibson.cm… Tue, 08/22/2023 - 15:41503.1 - Student Conduct
503.1 - Student ConductThe board believes inappropriate student conduct causes material and substantial disruption to the school environment, interferes with the rights of others, or presents a threat to the health and safety of students, employees, and visitors on school premises. Appropriate classroom behavior allows teachers to communicate more effectively with students.
Students will conduct themselves in a manner fitting to their age level and maturity and with respect and consideration for the rights of others while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district. Consequences for the misconduct will be fair and developmentally appropriate in light of the circumstances.
Students who fail to abide by this policy and the administrative regulations supporting it may be disciplined for conduct which disrupts or interferes with the education program; conduct which disrupts the orderly and efficient operation of the school district or school activity; conduct which disrupts the rights of other students to participate in or obtain their education; conduct that is violent or destructive; or conduct which interrupts the maintenance of a disciplined atmosphere. Disciplinary measures include, but are not limited to, removal from the classroom, detention, suspension, probation, and expulsion.
A student who commits an assault against an employee on school district property or on property within the jurisdiction of the school district; while on school-owned or school-operated chartered vehicles; while attending or engaged in school district activities will be suspended by the principal. Notice of the suspension is sent to the board president. The board will review the suspension to determine whether to impose further sanctions against the student which may include expulsion. Assault for purposes of this section of this policy is defined as:
· an act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; or
· any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting or offensive, coupled with the apparent ability to execute the act; or
· intentionally points any firearm toward another or displays in a threatening manner any dangerous weapon toward another.
The act is not an assault when the person doing any of the above and the other person are voluntary participants in a sport, social or other activity, not in itself criminal, when the act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace.
Removal from the classroom means a student is sent to the building principal's office. It is within the discretion of the person in charge of the classroom to remove the student.
Detention means the student's presence is required during nonschool hours for disciplinary purposes. The student can be required to appear prior to the beginning of the school day, after school has been dismissed for the day, or on a non-school day. Whether a student will serve detention, and the length of the detention, is within the discretion of the licensed employee disciplining the student or the building principal.
Suspension means either an in-school suspension, an out-of-school suspension, a restriction from activities or loss of eligibility. An in-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision. An in-school suspension will not exceed ten consecutive school days. An out-of-school suspension means the student is removed from the school environment, which includes school classes and activities. An out-of-school suspension will not exceed ten days. A restriction from school activities means a student will attend school and classes and practice but will not participate in school activities.
Probation means a student is given a conditional suspension of a penalty for a definite period of time in addition to being reprimanded. The conditional suspension will mean the student must meet the conditions and terms for the suspension of the penalty. Failure of the student to meet these conditions and terms will result in immediate reinstatement of the penalty.
Expulsion means an action by the board to remove a student from the school environment, which includes, but is not limited to, classes and activities, for a period of time set by the board.
Following the suspension of a special education student, an informal evaluation of the student's placement will take place. The Individual Education Program (IEP) is evaluated to determine whether it needs to be changed or modified in response to the behavior that led to the suspension.
If a special education student's suspensions, either in or out of school, equal ten days on a cumulative basis, a staffing team will meet to determine whether the IEP is appropriate.
It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Legal Reference: Goss v. Lopez, 419 U.S. 565 (1975).
Brands v. Sheldon Community School District, 671 F.Supp. 627 (N.D. Iowa 1987).
Sims v. Colfax Comm. School Dist., 307 F.Supp. 485 (Iowa 1970).
Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972).
Board of Directors of Ind. School Dist. of Waterloo v. Green, 259 Iowa 1260, 147 N.W.2d 854 (1967).
Iowa Code §§ 279.8; 282.4, .5; 708.1 (2001).
Cross Reference: 501 Student Attendance
502 Student Rights and Responsibilities
504 Student Activities
603.3 Special Education
904.5 Distribution of Materials
Approved 01-15-90
Reviewed 09-19-94; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 10-17-94; 01-19-04
503.1R1 - Student Suspension
503.1R1 - Student SuspensionAdministration Action
A. Probation
1. Probation is conditional suspension of a penalty for a set period of time. Probation may be imposed by the principal for infractions of school rules which do not warrant the necessity of removal from school.
2. The principal will conduct an investigation of the allegations against the student prior to imposition of probation. The investigation will include, but not be limited to, written or oral notice to the student of the allegations against the student and an opportunity to respond. Written notice and reasons for the probation will be sent to the parents.
B. In-School Suspension
1. In-school suspension is the temporary isolation of a student from one or more classes while under administrative supervision. In-school suspensions may be imposed by the principal for infractions of school rules which are serious but which do not warrant the necessity of removal from school.
2. The principal will conduct an investigation of the allegations against the student prior to imposition of an in-school suspension. The investigation will include, but not be limited to, written or oral notice to the student of the allegations against the student and an opportunity to respond. In-school suspension will not be imposed for more than ten school days. Written notice and reasons for the in-school suspension will be sent to the student's parents.
C. Out-of-School Suspension
1. Out-of-school suspension is the removal of a student from the school environment for periods of short duration. Out-of-school suspension is to be used when other available school resources are unable to constructively remedy student misconduct.
2. A student may be suspended out of school for up to ten school days by a principal for a commission of gross or repeated infractions of school rules, regulations, policy or the law, or when the presence of the student will cause interference with the maintenance of the educational environment or the operation of the school. The principal may suspend students after conducting an investigation of the charges against the student, giving the student:
a. Oral or written notice of the allegations against the student and
b. The opportunity to respond to those charges.
At the principal's discretion, the student may be allowed to confront witnesses against the student or present witnesses on behalf of the student.
3. Notice of the out-of-school suspension will be mailed no later than the end of the school day following the suspension to the student's parents and the superintendent. A reasonable effort is made to personally notify the student's parents and such effort is documented by the person making or attempting to make the contact. Written notice to the parents will include the circumstances which led to the suspension and a copy of the board policy and rules pertaining to the suspension.
D. Suspensions and Special Education Students
1. Students who have been identified as special education students may be referred for a review of the student's Individual Education Program (IEP). The IEP may be revised to include a continuum of intervention strategies and programming to change the behavior.
2. Students who have not been identified as special education students may be referred for evaluation after the student's suspension to determine whether the student has a disability and is in need of special education.
503.2 - Expulsion
503.2 - ExpulsionOnly the board may remove a student from the school environment. The removal of a student from the school environment, which includes, but is not limited to, classes and activities, is an expulsion from school.
Students may be expelled for violations of board policy, school rules or the law. It is within the discretion of the board to discipline a student by using an expulsion for a single offense or for a series of offenses depending on the nature of the offense and the circumstances surrounding the offense.
It is within the discretion of the superintendent to recommend to the board the expulsion of a student for disciplinary purposes. Only the board may take action to expel a student and to readmit the student. The principal will keep records of expulsions in addition to the board's records.
When a student is recommended for expulsion by the board, the student is provided with:
1. Notice of the reasons for the proposed expulsion;
2. The names of the witnesses and an oral or written report on the facts to which each witness testifies unless the witnesses are students whose names may be released at the discretion of the superintendent;
3. An opportunity to present a defense against the charges and provide either oral testimony or written affidavits of witnesses on the student's behalf;
4. The right to be represented by counsel; and,
5. The results and finding of the board in writing open to the student's inspection.
In addition to these procedures, a special education student must be provided with additional procedures. A determination should be made of whether the student is actually guilty of the misconduct. A staffing team should determine whether the student's behavior is caused by the student's disability and whether the conduct is the result of inappropriate placement. Discussions and conclusions of this meeting should be recorded.
If the special education student's conduct is not caused by the disability, the student may be expelled or suspended for a long-term period following written notice to the parent and pursuant to the school district's expulsion hearing procedures. If the misconduct is caused by the disability and a change in placement is recommended, the change must be made pursuant to the placement procedures used by the school district.
Legal Reference: Goss v. Lopez, 419 U.S. 565 (1975).
Wood v. Strickland, 420 U.S. 308 (1975).
Southeast Warren Comm. School District v. Dept. of Public Instruction, 285 N.W.2d 173 (Iowa 1979).
Iowa Code §§ 21.5; 282.3, .4, .5 (2001).
281 I.A.C. 12.3(8).
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04
503.3 - Fines - Fees - Charges
503.3 - Fines - Fees - ChargesThe board believes students should respect school district property and assist in its preservation for future use by others. Students may be assessed fines, charges, or fees for the materials needed in a course, for overdue school materials, for participating in activities, or for misuse of school property.
The superintendent will inform the board of the dollar amount to be charged to students or others for fines, charges, or fees annually. Parents of students meeting specific financial eligibility standards will be eligible for a waiver of student fees or a reduction of student fees based upon the request of the parent. It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Legal Reference: Iowa Code §§ 256.7(20); 279.8; 280.10, .11; 282.6; 285.1; 301.1 (2001).
281 I.A.C. 18.
1994 Op. Att'y Gen. 23.
1990 Op. Att'y Gen. 79.
1982 Op. Att'y Gen. 227.
1980 Op. Att'y Gen. 532.
Cross Reference: 501.17 Homeless Children & Youth
502 Student Rights and Responsibilities
503 Student Discipline
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04
503.3R1 - Student Fee Waiver and Reduction Procedures
503.3R1 - Student Fee Waiver and Reduction ProceduresThe board recognizes that while certain fees charged students are appropriate and authorized, certain students and their families are not financially able to pay the fees. The school district will grant either full waivers, partial waivers or temporary waivers depending upon the circumstances and the student or student's parents' ability to meet the financial criteria.
A. Waivers -
1. Full Waivers - a student will be granted a full waiver of fees charged by the school district if the student or student's parents meet the financial eligibility criteria for free meals under the Child Nutrition program, Family Investment Program, Supplemental Security Income guidelines, or transportation assistance under open enrollment. Students in foster care are also eligible for full waivers.
2. Partial Waivers - a student will be granted a partial waiver of fees charged by the school district if the student or the student's parents meet the financial eligibility criteria for reduced price meals offered under the Child Nutrition program.
3. Temporary Waivers - a student may be eligible for a temporary waiver of fees charged by the district in the event the student's parents are facing financial difficulty. Temporary waivers may be applied for at any time throughout the school year and will not extend beyond the end of the school year.
B. Application - Parents or students eligible for a fee waiver will make an application on the form provided by the school district. Applications may be made at any time but must be renewed annually.
C. Confidentiality - The school district will treat the application and application process as any other student record and student confidentiality and access provisions will be followed.
D. Appeals - Denials of a waiver may be appealed to the superintendent.
E. Fines or charges assessed for damage or loss to school property are not fees and will not be waived.
F. Notice - the school district will annually notify parents and students of the waiver. The following information will be included in registration materials.
Students whose families meet the income guidelines for free and reduced price lunch, the Family Investment Program (FIP), Supplemental Security Income (SSI), transportation assistance under open enrollment, or who are in foster care are eligible to have their student fees waived or partially waived. Students whose families are experiencing a temporary financial difficulty may be eligible for a temporary waiver of student fees. Parents or students who believe they may qualify for temporary financial hardship should contact the board secretary for a waiver form. This waiver does not carry over from year to year and must be completed annually.
503.4 - Good Conduct Rule
503.4 - Good Conduct RuleParticipation in school activities is a privilege. School activities provide the benefits of promoting additional interests and abilities in the students during their school years and for their lifetimes.
Students who participate in extracurricular activities serve as ambassadors of the school district throughout the calendar year, whether away from school or at school. Students who wish to have the privilege of participating in extracurricular activities must conduct themselves in accordance with board policy and must refrain from activities which are illegal, immoral or unhealthy.
Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures. The principal will keep records of violations of the good conduct rule.
It is the responsibility of the superintendent to develop rules and regulations for school activities. Students wanting to participate in school activities must meet the requirements set out by the school district for participation in the activity.
Legal Reference: Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972).
In re Jason Clark, 1 D.P.I. App. Dec. 167 (1978).
Iowa Code §§ 280.13, .13A (2001).
281 I.A.C. 12.3(8); 36.15(1).
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
504 Student Activities
Approved 01-15-90
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04
503.5 - Corporal Punishment, Mechanical Restraint and Prone Restraint
503.5 - Corporal Punishment, Mechanical Restraint and Prone RestraintCorporal punishment is defined as the intentional physical punishment of a student and is prohibited. It includes the use of unreasonable or unnecessary physical force or physical contact made with the intent to harm or cause pain. No employee is prohibited from:
· Using reasonable and necessary force, not designed or intended to cause pain, in order to accomplish any of the following:
-- To quell a disturbance or prevent an act that threatens physical harm to any person.
-- To obtain possession of a weapon or other dangerous object within a pupil's control.
-- For the purposes of self-defense or defense of others as provided for in Iowa Code section 704.3.
-- For the protection of property as provided for in Iowa Code section 704.4 or 704.5.
-- To remove a disruptive pupil from class or any area of school premises or from school-sponsored activities off school premises.
-- To protect a student from the self-infliction of harm.
-- To protect the safety of others.
· Using incidental, minor, or reasonable physical contact to maintain order and control.
Reasonable physical force should be commensurate with the circumstances of the situation. The following factors should be considered in using reasonable physical force for the reasons stated in this policy:
1. The size and physical, mental, and psychological condition of the student;
2. The nature of the student's behavior or misconduct provoking the use of physical force;
3. The instrumentality used in applying the physical force;
4. The extent and nature of resulting injury to the student, if any;
5. The motivation of the school employee using physical force.
Upon request, the student's parents are given an explanation of the reasons for physical force.
It is the responsibility of the superintendent to develop administrative regulations regarding this policy.
Legal Reference: Ingraham v. Wright, 430 U.S. 651 (1977).
Goss v. Lopez, 419 U.S. 565 (1975).
Tinkham v. Kole, 252 Iowa 1303, 110 N.W.2d 258 (1961).
Lai v. Erickson, PTPC Admin. Doc. 83-12 (1983).
Iowa Code §§ 279.8; 280.21 (2001).
281 I.A.C. 12.3(8); 103.
1980 Op. Att'y Gen. 275.
Cross Reference: 402.3 Abuse of Students by School District Employees
502 Student Rights and Responsibilities
503 Student Discipline
Approved 01-15-90
Reviewed 05-18-92; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 06-15-92 ; 01-19-04
504 - Student Activities
504 - Student Activities dawn.gibson.cm… Tue, 08/22/2023 - 15:24504.1 - Student Government
504.1 - Student GovernmentThe student council provides for student activities, serves as a training experience for student leaders, promotes the common good, gives students a share in the management of the school, develops high ideals of personal conduct, acts as a clearinghouse for student activities, seeks to interest students in school district affairs and helps solve problems that may arise. Members of the council are student representatives who have direct access to the administration.
The principal, in conjunction with the students and licensed employees, will set forth the guidelines for the student government's elections, operations, and other elements of the government.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 502 Student Rights and Responsibilities
504 Student Activities
Approved 1-15-90
Reviewed 12-15-03; 10-21-08; 11-21-11; 05-11-16
Revised 1-19-04
504.2 - Student Organizations
504.2 - Student OrganizationsExtracurricular activities and student groups are related to the curriculum of the secondary schools in the school district. These secondary school curriculum-related student organizations may use the school facilities for meetings and other purposes before, after, and during the instructional school day.
It is the responsibility of the building principal to determine whether a student group is curriculum-related. One or more of the following questions will be answered affirmatively if the group is curriculum-related:
· Is the subject matter of the group actually taught in a regularly offered course?
· Will the subject matter of the group soon be taught in a regularly offered course?
· Does the subject matter of the group concern the body of courses as a whole?
· Is participation in the group required for a particular course?
· Does participation in the group result in academic credit?
It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy. The administrative regulations will include, but not be limited to, stating the process for establishing a curriculum-related student group, assigning a faculty advisor and obtaining board approval for each student group. The administrative rules will also include the purpose of each group and its relationship to the curriculum.
Legal Reference: Westside Community Board of Education v Mergens, 496 U.S. 226 (1990).
Bender v. Williamsport Area Community School District, 741 F.2d 538 (3d Cir. 1984), vacated and remanded on other grounds, 475 U.S. 534 (1986).
20 U.S.C. §§ 4071-4074 (1994).
Iowa Code §§ 287.1-.3; 297.9 (2001).
Cross Reference: 502 Student Rights and Responsibilities
504 Student Activities
Approved 01-15-92
Reviewed 05-18-92; 12-15-03; 10-21-08; 11-21-11; 05-11-16
Revised 06-15-92; 01-19-04
504.3 - Student Publications
504.3 - Student PublicationsStudents may produce official school publications as part of the curriculum under the supervision of a faculty advisor and the principal. Official school publications include material produced in the journalism, newspaper, yearbook, or writing classes and distributed to the student body either free or for a fee.
Any expression made by students, including student expression in official school publications, is not an expression of official school policy. The school district, the board, and the employees or officials are not liable in any civil or criminal action for any student expression made or published by students unless the employees or officials have interfered with or altered the content of the student speech or expression. The liability, if any, is only to the extent of the interference or alteration of the speech or expression.
Official school publications are free from prior restraint by employees or officials except as provided by law. A faculty advisor will supervise student writers to maintain professional standards of English and journalism and to comply with the law including, but not limited to, the restrictions against unlawful speech. The production of official school publications is guided by the law and by the ethical standards adopted by professional associations or societies of journalism.
Persons, other than students, who believe they have been aggrieved by student expression in a student-produced official school publication will follow the grievance procedure outlined in board policy 213.1. Students who believe their freedom of expression in a student-produced official school publication has been restricted will follow the grievance procedure outlined in board policy 502.4.
The superintendent is responsible for developing a student publications code. This code will include, but not be limited to, reasonable rules including time, place, and manner of restrictions. The superintendent will also be responsible for distributing this policy and the student publications code to the students and their parents.
Legal Reference: Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).
Iowa Code § 280.22 (2001).
Cross Reference: 309 Communication Channels
502 Student Rights and Responsibilities
504 Student Activities
903.5 Distribution of Material
Approved 01-15-90
Reviewed 03-16-92; 12-15-03; 10-21-08; 11-21-11; 05-11-16
Revised 04-20-92; 01-19-04
504.3R1 - Student Publications Code
504.3R1 - Student Publications CodeA. Official school publications defined.
An "official school publication" is material produced by students in the journalism, newspaper, yearbook, or writing classes and distributed to students either free or for a fee.
B. Expression in an official school publication.
1. No student will express, publish or distribute in an official school publication material which is:
a. obscene;
b. libelous;
c. slanderous; or
d. encourages students to:
1) commit unlawful acts;
2) violate school rules;
3) cause the material and substantial disruption of the orderly and efficient operation of the school or school activity;
4) disrupt or interfere with the education program;
5) interrupt the maintenance of a disciplined atmosphere; or
6) infringe on the rights of others.
2. The official school publication is produced under the supervision of a faculty advisor.
C. Responsibilities of students.
1. Students writing or editing official school publications will assign and edit the news, editorial and feature contents of the official school publications subject to the limitations of the student publications code and the law.
2. Students will strive to achieve professional standards of accuracy, fairness, objectivity and thoroughness in each and every aspect of official school publications.
3. Students will strive to achieve professional standards of grammar, usage, punctuation and spelling for clarity and accuracy of official school publications.
D. Responsibilities of faculty advisors.
Faculty advisors will supervise student writers to maintain professional standards of English and journalism and to comply with the law including, but not limited to, the restrictions against unlawful speech.
E. Liability.
Student expression in an official school publication will not be deemed to be an expression of the school district. The school district, the board, and the employees or officials are not liable in any civil or criminal action for any student expression made or published by students unless the employees or officials have interfered with or altered the content of the student expression. The liability, if any, is only to the extent of interference or alteration of the speech or expression.
F. Appeal procedure.
1. Students who believe they have been unreasonably restricted in their exercise of expression in an official student publication will seek review of the decision through the student grievance procedure, under board policy 502.4.
2. Persons who believe they have been aggrieved by a student-produced official student publication will file their complaint through the citizen grievance procedure, under board policy 213.1.
G. Time, place and manner of restrictions on official school publications.
1. Official student publications may be distributed in a reasonable manner on or off school premises.
2. Distribution in a reasonable manner will not encourage students to:
a. commit unlawful acts;
b. violate school rules;
c. cause the material and substantial disruption of the orderly and efficient operation of the school district or school activity;
d. disrupt or interfere with the education program;
e. interrupt the maintenance of a disciplined atmosphere; or
f. infringe on the rights of others.
504.4 - Student Performances
504.4 - Student PerformancesStudents, as part of the education program, may participate in contests or other public and private events approved by the superintendent that will be of benefit to the student and the education program. Performance at such events is a privilege.
Students, who perform at such events, serve as ambassadors of the school district and must conduct themselves in the same manner as required in the regular school day. Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures.
Students will be allowed to perform in these events only with proper permission and supervision and when the events do not disrupt the education program or other school district operations. The events must be approved by the superintendent, unless it involves unusual travel and expense, in which case the board must approve of the performance.
It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy. In developing the administrative regulations, these guidelines should be followed:
· Performances by student groups below the high school level should be allowed on a very limited basis;
· All groups of students should have an opportunity to participate; and,
· Extensive travel by one group of students should be discouraged.
It is within the discretion of the superintendent to determine whether the event will benefit the education program and the participating students. Contests or other performances by students unapproved by the superintendent are the responsibility of the parent and the student.
Legal Reference: Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
Iowa Code §§ 280.13-.14 (2001).
281 I.A.C. 12.6.
Cross Reference: 502 Student Rights and Responsibilities
503.4 Good Conduct Rule
504 Student Activities
905 Community Activities Involving Students
Approved 01-15-90
Reviewed 12-15-03; 10-21-08; 11-21-11; 05-11-16
Revised 01-19-04
504.5 - Student Fund Raising
504.5 - Student Fund RaisingStudents may raise funds for school-sponsored events with the permission of the principal. Fund raising by students for events other than school-sponsored events is not allowed. Collection boxes for school fund raising must have prior approval from the principal before being placed on school property.
It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Legal Reference: Senior Class of Pekin High School v. Tharp, 154 N.W.2d 874 (Iowa 1967).
Iowa Code § 279.8 (2001).
Cross Reference: 402.9 Solicitations from Outside
502 Student Rights and Responsibilities
503 Student Discipline
504 Student Activities
704.5 Student Activities Fund
905.2 Advertising and Promotion
Approved 01-15-90
Reviewed 12-15-03; 10-21-08; 11-21-11; 05-11-16
Revised 01-19-04
504.6 - Student Activity Program
504.6 - Student Activity ProgramParticipation in school activities is a privilege. School activities provide the benefits of promoting additional interests and ability in the students during their school years and for their lifetime.
Students will have an opportunity to participate in a school activity unless the activity is not offered, the activity is an intramural or interscholastic athletic activity or the student cannot participate for disciplinary reasons. If the activity is an intramural or interscholastic activity, students of the opposite sex will have a comparable opportunity for participation. Comparable opportunity does not guarantee boys and girls will be allowed to play on each other’s team when there are athletic activities available that will allow both boys and girls to reap the benefits of school activities, which are the promotion of additional interests and abilities in the students.
Student activity events must be approved by the superintendent unless they involve unusual travel expense, in which case the board will take action. The events must not disrupt the education program or other school district operations.
A middle school student who participates in school sponsored athletics may participate in a non-school sponsored sport during the same season. Such outside participation shall not conflict with the school sponsored athletic activity.
A student who participates in a sport in violation of this policy shall be ineligible to participate on a school sponsored team in that sport for 12 calendar months.
It is the responsibility of the superintendent to develop administrative regulations for each school activity. These regulations will include, but not be limited to, when physical examinations will be required, how and when parents will be informed about the risk of the activity, academic requirements, and proof of insurance on the student participating in certain activities. Students wanting to participate in school activities must meet the requirements set out by the school district for participation in the activity.
Legal Reference: 20 U.S.C. §§ 1681-1683; 1685-1686 (1994).
34 C.F.R. Pt. 106.41 (1993).
Iowa Code §§ 216.9; 280.13-.14 (2001).
281 I.A.C. 12.6., 36.15.
Cross Reference: 501 Student Attendance
502 Student Rights and Responsibilities
503 Student Discipline
504 Student Activities
507 Student Health and Well-Being
.Approved 10-20-97
Reviewed 12-15-03; 10-21-08; 11-21-11; 05-11-16
Revised 01-19-04
505 - Student Scholastic Achievement
505 - Student Scholastic Achievement dawn.gibson.cm… Tue, 08/22/2023 - 15:13505.1 - Student Progress Reports and Conferences
505.1 - Student Progress Reports and ConferencesStudents will receive a progress report at the end of each nine-week grading period. Students, who are doing poorly, and their parents, are notified periodically through the semester in order to have an opportunity to improve their grade. The board encourages the notification of students who have made marked improvement prior to the end of the semester.
Parent-teacher conferences will be held at least two times each academic year to keep the parents informed.
Parents, teachers, or principals may request a conference for students in grades pre-school through twelve in addition to the scheduled conference time. Parents and students are encouraged to discuss the student's progress or other matters with the student's teacher.
Legal Reference: Iowa Code §§ 256.11, .11A; 280 (2001).
Iowa Code § 256E.1(1)(b)(1) (Supp. 2001).
281 I.A.C. 12.3(6), .3(7), .5(16).
Cross Reference: 505 Student Scholastic Achievement
506 Student Records
Approved 01-15-90
Reviewed 09-19-94; 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 09-22-99; 01-19-04; 12-15-08
505.2 - Student Promotion - Retention - Acceleration
505.2 - Student Promotion - Retention - AccelerationStudents will be promoted to the next grade level at the end of each school year based on the student's achievement, age, maturity, emotional stability, and social adjustment.
The retention of a student will be determined based upon the judgment of the licensed employee and the principal. When it becomes evident a student in grades pre-school through eight may be retained in a grade level for an additional year, the parents will be informed. It is within the sole discretion of the board to retain students in their current grade level.
Students in grades nine through twelve will be informed of the required course work necessary to be promoted each year. When it becomes evident a student in these grades will be unable to meet the minimum credit requirements for the year, the student and parents will be informed. It is within the sole discretion of the board to retain students in their current grade level and to deny promotion to a student.
Students in grades pre-school through twelve with exceptional talents may, with the permission of the principal and parents, take classes beyond their current grade level. Enrichment opportunities outside the school district may be allowed when they do not conflict with the school district's graduation requirements.
Legal Reference: Iowa Code §§ 256.11, .11A; 279.8; 280.3 (2001).
281 I.A.C. 12.3(7); 12.5(16).
Cross Reference: 501 Student Attendance
505 Student Scholastic Achievement
Approved 01-15-90
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 01-19-04; 12-15-08
505.3 - Student Honors and Awards
505.3 - Student Honors and AwardsThe school district will provide a program that establishes honors and awards including, but not limited to, academic letters, scholarships and good citizenship awards for students to assist students in setting goals. Students are made aware of honors and awards and the action necessary on the part of the student to achieve them.
It is the responsibility of the superintendent to develop the administrative regulations regarding this policy.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 504 Student Activities
505 Student Scholastic Achievement
Approved 01-15-90
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 01-19-04
505.4 - Testing Program
505.4 - Testing ProgramA comprehensive testing program is established and maintained to evaluate the education program of the school district and to assist in providing guidance or counseling services to students and their families.
No student is required, as part of a program funded by the United States Department of Education (USDE), to submit, without prior written consent from the student's parent, to surveys, analysis or evaluation which reveals information concerning:
· political affiliations or beliefs of the student or student’s parent;
· mental and psychological problems of the student or the student's family;
· sex behavior and attitudes;
· illegal, anti-social, self-incriminating and demeaning behavior;
· critical appraisals of other individuals with whom students have close family relationships;
· legally recognized, privileged and analogous relationships, such as those of lawyers, physicians and ministers;
· religious practices, affiliations or beliefs of the student or student’s parent; or
· income, (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
It is the responsibility of the board to review and approve the evaluation and testing program.
Legal Reference: No Child Left Behind, Title II, Sec. 1061, P.L. 107-110 (2002)
Goals 2000: Educate America Act, Pub. L. No. 103-227, 108 Stat. 125 (1994).
20 U.S.C. § 1232h (1994).
Iowa Code §§ 280.3; 256B; 282.1, .3, .6 (2001).
281 I.A.C. 12.5(13), .5(21).
Cross Reference: 505 Student Scholastic Achievement
506 Student Records
607.2 Student Health Services
Approved 01-15-90
Reviewed 09-19-94; 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 10-17-94; 01-19-04
505.5 - Graduation Requirements
505.5 - Graduation RequirementsStudents must successfully complete the courses required by the board and Iowa Department of Education in order to graduate.
It is the responsibility of the superintendent to ensure that students complete grades one through twelve and Gilmore City-Bradgate students will complete the required courses to complete the graduation requirements of West Bend- Mallard High School.
Legal Reference: Iowa Code §§ 256.11, .11A; 279.8; 280.3, .14 (2001).
281 I.A.C. 12.2; .3(7); .5; 41.12(6)(e); 67 (8).
Cross Reference: 505 Student Scholastic Achievement
603.3 Special Education
Approved 01-15-90
Reviewed 01-24-94; 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 02-21-94; 01-19-04
505.6 - Early Graduation
505.6 - Early GraduationGenerally, students will be required to complete the necessary course work and graduate from high school at the end of grade twelve. Students may graduate prior to this time if they meet the minimum graduation requirements stated in board policy.
A student who graduates early will no longer be considered a student and will become an alumnus of the school district. However, the student who graduates early may participate in commencement exercises.
Legal Reference: Iowa Code §§ 279.8; 280.3, .14 (2001).
281 I.A.C. 12.2; .3(7); .5.
Cross Reference: 505 Student Scholastic Achievement
Approved 01-15-90
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 01-19-04
505.7 - Commencement
505.7 - CommencementStudents who have met the requirements for graduation will be allowed to participate in the commencement proceedings provided they abide by the proceedings organized by the school district. It is the responsibility of the principal to solicit input from each graduating class regarding the proceedings for their commencement.
Failure of a student to participate in commencement will not be a reason for withholding the student's final progress report or diploma certifying the student's completion of high school.
Legal Reference: Iowa Code §§ 279.8; 280.3, .14 (2001).
281 I.A.C. 12.2; .3(7); .5.
Cross Reference: 505 Student Scholastic Achievement
Approved 01-15-90
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 01-19-04
505.8 - Parental Involvement
505.8 - Parental InvolvementParental involvement is an important component in a student’s success in school. The board encourages parents to become involved in their child’s education to ensure the child’s academic success. The board will:
(In each of the following six items, the board must describe in policy how it will accomplish each of the items.)
- how the board will involve parents in the development of the Title I plan, the process for school review of the plan and the process for improvement:
- how the board will provide the coordination, technical assistance and other support necessary to assist participating schools in planning and implementing effective parent involvement activities to improve student academic achievement and school performance;
- build the schools’ and parents’ capacity for strong parental involvement;
- coordinate and integrate parental involvement strategies under Title I with other programs such as Head Start, Reading First, etc.;
- conduct with the involvement of parents, an annual evaluation of the content and effectiveness of the parental involvement policy in improving the academic quality of the school served including identifying barriers to greater participation by parents in Title I activities (with particular attention to low-income parents, Limited English Proficient (LEP) parents, minorities, parents with disabilities and parents with low literacy) and use the findings of the evaluation to design strategies for more effective parental involvement and to revise, as necessary, the parental involvement policies; and
- involve parents in Title I activities.
The board will review this policy annually. The superintendent is responsible for notifying parents of this policy annually or within a reasonable time after it has been amended during the school year. It is the responsibility of the superintendent to develop administrative regulations regarding this policy.
Legal Reference: No Child Left Behind, Title I, Sec. 1118, P.L. 107-110
Cross Reference: 903.2 Community Resource Persons and volunteers
Approved 01-19-04
Reviewed 10-21-08; 12-14-11; 05-11-16
Revised 01-16-12
506 - Student Records
506 - Student Records dawn.gibson.cm… Tue, 08/22/2023 - 14:36506.1 - Student Records Access
506.1 - Student Records AccessThe board recognizes the importance of maintaining student records and preserving their confidentiality. Student records containing personally identifiable information are kept confidential at collection, storage, disclosure and destruction stages. The board secretary-treasurer is the custodian of student records. Student records may be maintained in the central administration office or administrative office of the student's attendance center. Student is defined as an enrolled individual, PK-12 including children in school district sponsored child-care programs.
Parents and eligible students will have access to the student's records during the regular business hours of the school district. An eligible student is a student who has reached eighteen years of age or is attending an institution of post-secondary education at the post high school level. Parents of an eligible student are provided access to the student records only with the written permission of the eligible student unless the eligible student is defined as a dependent by the Internal Revenue Code. In that case, the parents may be provided access without the written permission of the student. A representative of the parents or eligible student, who has received written permission from the parents or eligible student, may inspect and review a special education student's records. Parents, other than parents of an eligible student, may be denied access to a student's records if the school district has a court order stating such or when the district has been advised under the appropriate laws that the parents may not access the student records.
A student record may contain information on more than one student. Parents will have the right to access the information relating to their student or to be informed of the information. Eligible students will also have the right to access the information relating to themselves or be informed of the information.
Parents and eligible students will have a right to access the student's records upon request without unnecessary delay and in no instance more than forty-five calendar days after the request is made. Parents, an eligible student or an authorized representative of the parents will have the right to access the student's records prior to an Individualized Education Program (IEP) meeting or hearing.
Copies of student records will be provided if failure to do so would effectively prevent the parents or student from exercising the right to access the student records. Fees for copies of the records are waived if it would prevent the parents or student from accessing the records. A fee may not be charged to search or retrieve information from student records.
Upon the request of parents or an eligible student, the school district will provide an explanation and interpretation of the student records and a list of the types and locations of education records collected, maintained or used by the school district.
If the parents or an eligible student believes the information in the student records is inaccurate, misleading or violates the privacy or other rights of the student, the parents or an eligible student may request that the school district amend the student records. The school district will decide whether to amend the student records within a reasonable time after receipt of the request. If the school district determines an amendment is made to the student record, the school district will make the amendment and inform the parents or the eligible student of the decision in writing.
If the school district determines that amendment of the student's record is not appropriate, it will inform the parents or the eligible student of their right to a hearing before the hearing officer provided by the school district. If the parents' and the eligible student's request to amend the student record is further denied following the hearing, the parents or the eligible student are informed that they have a right to place an explanatory letter in the student record commenting on the school district's decision or setting forth the reasoning for disagreeing with the school district. Additions to the student's records will become a part of the student record and be maintained like other student records. If the school district discloses the student records, the explanation by the parents will also be disclosed.
Student records may be disclosed in limited circumstances without parental or eligible student's written permission. This disclosure is made on the condition that the student record will not be disclosed to a third party without the written permission of the parents or the eligible student. This disclosure may be made to the following individuals or under the following circumstances:
· to school officials within the school district and AEA personnel whom the superintendent has determined to have a legitimate educational interest, including, but not limited to, board members, employees, school attorney, auditor, health professionals, and individuals serving on official school committees;
· to officials of another school district in which the student wishes to enroll, provided the other school district notifies the parents the student records are being sent and the parents have an opportunity to receive a copy of the records and challenge the contents of the records unless the annual notification includes a provision that records will automatically be transferred to new school districts;
· to the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education or state and local educational authorities;
· in connection with financial aid for which the student has applied or which the student has received if the information is necessary to receive the financial aid;
· to organizations conducting educational studies and the study does not release personally identifiable information;
· to accrediting organizations;
· to parents of a dependent student as defined in the Internal Revenue Code;
· to comply with a court order or judicially issued subpoena;
· consistent with an interagency agreement between the school district and juvenile justice agencies
· in connection with a health or safety emergency; or,
· as directory information.
The superintendent will keep a list of the individuals and their positions who are authorized to view a special education student's records without the permission of the parents or the eligible student. Individuals not listed are not allowed access without parental or an eligible student's written permission. This list must be current and available for public inspection and updated as changes occur.
The superintendent will also keep a list of individuals, agencies and organizations which have requested or obtained access to a student's records, the date access was given and their legitimate educational interest or purpose for which they were authorized to view the records. The superintendent, however, does not need to keep a list of the parents, authorized educational employees, officers and agencies of the school district who have accessed the student’s records. This list for a student record may be accessed by the parents, the eligible student and the custodian of student records.
Permanent student records, including a student's name, address, phone number, grades, attendance record, classes attended, grade level completed and year completed may be maintained without time limitation. Permanent student records will be kept in a fire-safe vault.
When personally identifiable information, other than permanent student records, no longer needs to be maintained by the school district to provide educational services to a special education student, the parents or eligible student are notified. This notice is normally given after a student graduates or otherwise leaves the school district. If the parents or eligible student request that the personally identifiable information be destroyed, the school district will destroy the records. Prior to the destruction of the records, the school district must inform the parents or eligible student the records may be needed by the parents or eligible student for social security benefits or other purposes. In the absence of parents or an eligible student's request to destroy the records, the school district must maintain the records for at least three years after an individual is determined to be no longer eligible for special education.
The school district will cooperate with the juvenile justice system in sharing information contained in permanent student records regarding students who have become involved with the juvenile justice system. The school district will enter into an interagency agreement with the juvenile justice agencies (agencies) involved.
The purpose of the agreement is to allow for the sharing of information prior to a student's adjudication in order to promote and collaborate between the school district and the agencies to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions which provide structured and well supervised educational programs supplemented by coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and to support students in successfully completing their education.
The school district may share any information with the agencies contained in a student's permanent record, which is directly related to the juvenile justice system's ability to effectively serve the student. Prior to adjudication information contained in the permanent record may be disclosed by the school district to the parties without parental consent or court order. Information contained in a student's permanent record may be disclosed by the school district to the agencies after adjudication only with parental consent or a court order. Information shared pursuant to the agreement is used solely for determining the programs and services appropriate to the needs of the student or student's family or coordinating the delivery of programs and services to the student or student's family.
Information shared under the agreement is not admissible in any court proceedings, which take place prior to a disposition hearing, unless written consent is obtained from a student's parent, guardian, or legal or actual custodian.
Confidential information shared between the school district and the agencies will remain confidential and will not be shared with any other person, unless otherwise provided by law.
Information shared under the agreement is not admissible in any court proceedings, which take place prior to a disposition hearing, unless written consent is obtained from a student's parent, guardian, or legal or actual custodian. The school district may discontinue information sharing with an agency if the school district determines that the agency has violated the intent or letter of the agreement.
Agencies will contact the principal of the attendance center where the student is currently or was enrolled. The principal will then forward copies of the records within 10 business days of the request.
The school district will provide training or instruction to employees about parents' and eligible students' rights under this policy. Employees will also be informed about the procedures for carrying out this policy. It is the responsibility of the superintendent to annually notify parents and eligible students of their right to inspect and review the student's records. The notice is given in a parents' or eligible student's native language. Should the school district collect personal information from students for the purposes of marketing or selling that information, the school district will annually notify parents of such activity.
The notice will include a statement that the parents have a right to file a complaint alleging the school district failed to comply with this policy. Complaints are forwarded to Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, Washington, DC. 20202-4605.
Legal Reference: 20 U.S.C. § 1232g, 1415 (1994).
34 C.F.R. Pt. 99, 300.560 - .574 (1996).
Iowa Code §§ 22; 279.9B, 280.24,.25, 622.10 (2001).
281 I.A.C. 12.3(6); 41.20
1980 Op. Att'y Gen. 720, 825.
Cross Reference: 501 Student Attendance
505 Student Scholastic Achievement
506 Student Records
507 Student Health and Well-Being
603.3 Special Education
708 Care, Maintenance and Disposal of School District Records
901 Public Examination of School District Records
Approved 01-15-90
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-24-12; 05-11-16
Revised 01-19-04; 06-20-12
506.1E1 - Student Records Checklist
506.1E1 - Student Records Checklist
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Copy to Parent Upon Request |
Parent Sig. Required** |
User Must Sub. Written Reg.* |
No Parent Sig. Required |
Parent Notify in Advance |
Parent Notify of Release |
Req. Made Part of Stud. Rec. |
Sche. Hearing Foll. b/wrtn. decision t/Par. |
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No Written Request Necessary |
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506.1E2 |
United States Comptroller General |
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Dept. of Health, Education and Welfare Secretary |
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National Institute of Education |
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506.1E2 |
Iowa Dept. of Education Official |
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506.1E2 |
Parent Inspection of Student Educational Records |
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506.1E5 |
Parent Request for Hearing to Challenge Record |
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506.1E4 |
Parent Authorization for School to Release Information |
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5061.E3 |
Notification of Transfer of Student Records |
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506.1E6 |
*Such written request is available for inspection by the parent or student and the school official responsible for record maintenance.
**When a student has attained the age of 18 years or is attending an institution of post-secondary education, the permission or consent required of the rights accorded the parent of the student will thereafter be required of and accorded only to the student.
506.1E2 - Request of Nonparent for Examination or Copies of Student Records
506.1E2 - Request of Nonparent for Examination or Copies of Student Records
The undersigned hereby requests permission to examine the Community School District's official student records of: |
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The undersigned requests copies of the following official student records of the above student: |
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The undersigned certifies that they are (check one): |
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An official of another school system in which the student intends to enroll. |
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An authorized representative of the Comptroller General of the United States. |
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An authorized representative of the Secretary of the U.S. Department of Education or U.S. Attorney General |
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An administrative head of an education agency as defined in Section 408 of the Education Amendments of 1974. |
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An official of the Iowa Department of Education. |
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A person connected with the student's application for, or receipt of, financial aid. |
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The undersigned agrees that the information obtained will only be redisclosed consistent with state or federal law without the written permission of the parents of the student, or the student if the student is of majority age. |
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506.1E3 - Authorization for Release of Student Records
506.1E3 - Authorization for Release of Student Records
The undersigned hereby authorizes |
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School District to release copies of the following official student records: |
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concerning |
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from 20 to 20 |
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My relationship to the child is: |
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Copies of the records to be released are to be furnished to: |
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506.1E4 - Request for Hearing on Correction of Student Records
506.1E4 - Request for Hearing on Correction of Student RecordsTo: ______________________________________________ Address: ________________________________________
Board Secretary (Custodian)
I believe certain official student records of my child, , (full legal name of student), (school name), are inaccurate, misleading or in violation of privacy rights of my child.
The official education records which I believe are inaccurate, misleading or in violation of the privacy or other rights of my child are:
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The reason I believe such records are inaccurate, misleading or in violation of the privacy or other rights of my child is:
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My relationship to the child is: __________________________________________
I understand that I will be notified in writing of the time and place of the hearing; that I will be notified in writing of the decision; and I have the right to appeal the decision by so notifying the hearing officer in writing within ten days after my receipt of the decision or a right to place a statement in my child's record stating I disagree with the decision and why.
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(Signature)
Date: _____________________
Address: _______________________________________________
City: __________________________________________________
State: _________________________ Zip: ___________________
Phone Number: __________________________________________
506.1E5 - Request for Examination of Student Records
506.1E5 - Request for Examination of Student RecordsTo: _____________________________________ Address: _____________________________________________
Board Secretary (Custodian)
The undersigned desires to examine the following official education records.
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of _________________________________________________________, ________________________________________
(Full Legal Name of Student) (Date of Birth) (Grade)
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(Name of School)
My relationship to the student is: ________________________________________________
(check one)
_________ I do
_________ I do not
desire a copy of such records. I understand that a reasonable charge may be made for the copies.
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(Parent's Signature)
Date: ___________________________________________________________
Address: _________________________________________________________
City: ____________________________________________________________
State: ________________________ Zip: ______________________________
Phone Number: ___________________________________________________
APPROVED:
Signature: _______________________________________________________
Title: __________________________________________________________
Dated: _______________________________________
506.1E6 - Notification of Transfer of Student Records
506.1E6 - Notification of Transfer of Student Records
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Please be notified that copies of the Community School District's official student records concerning , (full legal name of student) have been transferred to:
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upon the written statement that the student intends to enroll in said school system.
If you desire a copy of such records furnished, please check here and return this form to the undersigned. A reasonable charge will be made for the copies.
If you believe such records transferred are inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, you have the right to a hearing to challenge the contents of such records.
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506.1E7 - Letter to Parent Regarding Receipt of a Subpoena
506.1E7 - Letter to Parent Regarding Receipt of a SubpoenaDate
Dear :
(Parent)
This letter is to notify you that the Community School District has received a (subpoena or court order) requesting copies of your child's permanent records. The specific records requested are .
The school district has until (date on subpoena or court order) to deliver the documents to (requesting party on subpoena or court order). If you have any questions, please do not hesitate to contact me at (phone #) .
Sincerely,
(Principal or Superintendent)
506.1E8 - Annual Notice
506.1E8 - Annual NoticeThe Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("eligible students") certain rights with respect to the student's education records. They are:
(1) The right to inspect and review the student's education records within 45 days of the day the district receives a request for access.
Parents or eligible students should submit to the school principal (or appropriate school official) a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
(2) The right to request the amendment of the student's education records that the parent or eligible student believes are inaccurate or misleading or in violation of the student's privacy rights.
Parents or eligible students may ask the school district to amend a record that they believe is inaccurate or misleading. They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
If the district decides not to amend the record as requested by the parent or eligible student, the district will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
(3) The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent.
One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the district has contracted to perform a special task (such as an attorney, auditor, AEA employees, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee or student assistance team, or assisting another school official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
(4) The right to inform the school district that the parent does not want directory information, as defined below, to be released. Any student over the age of eighteen or parent not wanting this information released to the public must make objection in writing by October 1 to the principal. The objection needs to be renewed annually.
NAME, ADDRESS, TELEPHONE LISTING, DATE AND PLACE OF BIRTH, E-MAIL ADDRESS, GRADE LEVEL, ENROLLMENT STATUS, MAJOR FIELD OF STUDY, PARTICIPATION IN OFFICIALLY RECOGNIZED ACTIVITIES AND SPORTS, WEIGHT AND HEIGHT OF MEMBERS OF ATHLETIC TEAMS, DATES OF ATTENDANCE, DEGREES AND AWARDS RECEIVED, THE MOST RECENT PREVIOUS SCHOOL OR INSTITUTION ATTENDED BY THE STUDENT, PHOTOGRAPH AND LIKENESS AND OTHER SIMILAR INFORMATION.
(5) The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Ave., SW, Washington, DC, 20202-4605.
506.1R1 - Use of Student Records Regulation
506.1R1 - Use of Student Records RegulationStudent records are all official records, files, and data directly related to students, including all material incorporated into each student's cumulative record folder and intended for school use or to be available to parties outside the school or school system specifically including, but not necessarily limited to: dates of attendance; academic work completed; level of achievement (grades, standardized test scores); attendance data; scores on standardized intelligence, aptitude, and psychological tests; interest inventory results; health data; family background information; teacher or counselor ratings and observations; and verified reports of serious or recurrent behavior patterns.
The intent of this regulation is to establish procedures for granting requests from parents for access to their child's records, use of the data, and procedures for its transmittal within forty-five calendar days.
A. Access to Records
1. The parent or legal guardian of a student will have access to these records upon written request to the board secretary.
The parent or legal guardian will, upon written request to the board secretary, have the opportunity to receive an interpretation of the records, have the right to question the data, and, if a difference of opinion is noted, is permitted to file a letter in the cumulative folder stating the dissenting person's position. If further challenge is made to the record, the normal appeal procedures established by school policy will be followed.
A student, eighteen years or older, has the right to determine who, outside the school system, has access to the records. Parents of students who are 18 years or older but still dependents for income tax purposes may access the student's records without prior permission of the student.
2. School officials having access to student records are defined as having a legitimate educational interest. A school official is a person employed by the school district as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the school district has contracted to perform a special task (such as an attorney, auditor, AEA employee, medical consultant, or therapist); or a parent or student serving on an official committee, such as disciplinary or grievance committee or student assistance team, or assisting another school official in performing his or her tasks.
B. Release of Information Outside the School
1. To release student records to other school(s) in which the student intends to enroll, the parents, legal guardian, or eligible student must be notified of the transfer and the kinds of information being released unless the school district annually notifies parents that the records will be sent automatically.
2. Student records may be released to official education and other government agencies only if allowed by state or federal law.
3. To release student records to other persons or agencies, written consent is given by the parent, legal guardian, or a student of majority age. This consent form will state which records are released, to whom they are released, and the reason for the release. A copy of the specific records being released will be made available to the person signing the release form if requested.
4. Before furnishing student records in compliance with judicial orders or pursuant to any lawfully issued subpoena, the school district will make a reasonable attempt to notify the parents, legal guardian, or eligible student are notified in advance.
5. Student records may be shared with juvenile justice agencies with which the school district has an interagency agreement. This information is shared without prior parental consent. The agreement is a public document available for inspection.]
Hearing Procedures
1. Upon parental request, the school district will hold a hearing regarding the content of a student’s records which the parent believes to be inaccurate, misleading, or in violation of the privacy rights of students.
2. The hearing will be held within a reasonable time after receipt of the parent or eligible student’s request. The parent or eligible student will receive reasonable advance notice of date, time and place of the hearing.
3. The hearing officer may be an employee of the school district so long as the employee does not have a direct interest in the outcome of the hearing.
4. The parents or eligible student will be given a full and fair opportunity to present evidence relevant to the issues. The parent or eligible student may be represented by an individual at their choice at their own expense.
5. The hearing officer will render a written decision within a reasonable period after the hearing. The decision will be based upon evidence presented at the hearing and must include a summary of the evidence and the reasons for the decision.
6. The parents may appeal the hearing officers decision to the superintendent within ten (10) days if the superintendent does not have a direct interest in the outcome of the hearing.
7. The parents may appeal the superintendent’s decision, or the hearing officers decision if the superintendent was unable to hear the appeal, to the board within ten (10) days. It is within the discretion of the board to hear the appeal.
506.2 - Student Directory Information
506.2 - Student Directory InformationStudent directory information is designed to be used internally within the school district. Directory information is defined in the annual notice. It may include the student's name, grade level, enrollment status, participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees and awards received, photograph and other likeness and other similar information. Student is defined as an enrolled individual, PK-12 including children in school district sponsored child-care programs.
Prior to developing a student directory or to giving general information to the public, parents including parents of students open enrolled out of the school district and parents of children home schooled in the school district will be given notice annually of the intent to develop a directory or to give out general information and have the opportunity to deny the inclusion of their child's information in the directory or in the general information about the students.
It is the responsibility of the superintendent to provide notice and to determine the method of notice that will inform parents.
Legal Reference: 20 U.S.C. § 1232g (1994).
34 C.F.R. Pt. 99, 300.560 - .574 (1999).
Iowa Code § 22; 622.10 (2001).
281 I.A.C. 12.3(6); 41.20.
1980 Op. Att'y Gen. 720.
Cross Reference: 504 Student Activities
506 Student Records
901 Public Examination of School District Records
Approved 01-15-90
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-24-12; 05-11-16
Revised 01-19-04; 06-20-12
506.2E1 - Authorization for Releasing Student Directory Information
506.2E1 - Authorization for Releasing Student Directory InformationThe Gilmore City-Bradgate Community School District has adopted a policy designed to assure parents and students the full implementation, protection and enjoyment of their rights under the Family Educational Rights and Privacy Act of 1974. A copy of the school district's policy is available for review in the office of the principal of all of our schools.
This law requires the school district to designate as "directory information" any personally identifiable information taken from a student's educational records prior to making such information available to the public.
The school district has designated the following information as directory information: student's name, address and telephone number; date and place of birth; email address, grade level, enrollment status, major field of study; participation in officially recognized activities and sports; weight and height of members of athletic teams; dates of attendance; degrees and awards received; and the most recent previous educational institution attended by the student; photograph and other likeness and other similar information. You have the right to refuse the designation of any or all of the categories of personally identifiable information as directory information with respect to your student provided that you notify the school district in writing not later than October 1, 20 of this school year. If you desire to make such a refusal, please complete and return the slip attached to this notice.
If you have no objection to the use of student information, you do not need to take any action.
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Parental Directions to Withhold Student/Directory Information for Education Purposes, for 20 - 20 school year. |
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This form must be returned to your child's school no later than , 20 . Additional forms are available at your child's school. |
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506.2R1 - Use of Directory Information
506.2R1 - Use of Directory InformationThe student handbook or similar publication given to each student which contains general information about the school will contain the following statement which is published at least annually in a prominent place or in a newspaper of general circulation in the school district:
The following information may be released to the public in regard to any individual student of the school district as needed. Any student over the age of eighteen or parent not wanting this information released to the public must make objection in writing by October 1 to the principal. The objection needs to be renewed annually.
NAME, ADDRESS, TELEPHONE LISTING, DATE AND PLACE OF BIRTH, MAJOR FIELD OF STUDY, PARTICIPATION IN OFFICIALLY RECOGNIZED ACTIVITIES AND SPORTS, WEIGHT AND HEIGHT OF MEMBERS OF ATHLETIC TEAMS, DATES OF ATTENDANCE, DEGREES AND AWARDS RECEIVED, THE MOST RECENT PREVIOUS SCHOOL OR INSTITUTION ATTENDED BY THE STUDENT, PHOTOGRAPH AND LIKENESS AND OTHER SIMILAR INFORMATION.
DATED , 20 .
506.3 - Student Photographs
506.3 - Student PhotographsThe board will permit student "portrait" photographs to be taken on school premises by a commercial photographer as a service to the students and their families.
Parents will be notified prior to the taking of pictures by a commercial photographer for student "portraits." In no case will students be required to have their picture taken or be pressured to purchase pictures.
Students or commercial photographers may take pictures of students upon consent for such things as the yearbook or student newspaper.
It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative rules regarding student photographs.
Legal Reference: Iowa Code § 279.8 (2001).
1980 Op. Att'y Gen. 114.
Cross Reference: 506 Student Records
Approved 01-15-90
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 01-19-04
506.4 - Student Library Circulation Records
506.4 - Student Library Circulation RecordsStudent library circulation records are designed to be used internally to assist in the orderly administration of the school district libraries. As a general rule, student library circulation records are considered confidential records and will not be released without parental consent. Individuals who may access such records include a student's parents, the student, authorized licensed employees, authorized government officials from the U.S. Comptroller General, the Secretary of Education, the Commissioner and Director of the National Institute of Education, and the Assistant Secretary for Education and State Education Department. Appropriate authorities in a health or safety emergency may access the student's library circulation records without the approval or the notification of the student's parents. Parents may not access records, without the student's permission, of a student who has reached the age of majority or who is attending a post-secondary educational institution unless the student is considered a dependent for tax purposes.
It is the teacher-librarian's responsibility, as the person maintaining the student library circulation records, to approve requests for access to student library circulation records. Students' library circulation records may be accessed during the regular business hours of the school district. If copies of documents are requested, a fee for such copying is charged.
It is the responsibility of the superintendent, in conjunction with the teacher or teacher librarian, to develop administrative regulations regarding this policy.
Legal Reference: 20 U.S.C. § 1232g (1994).
34 C.F.R. Pt. 99 (1999).
Iowa Code §§ 22; 622.10 (2001).
281 I.A.C. 12.3(6).
1980 Op. Att'y Gen. 720, 825.
Cross Reference: 506 Student Records
Approved 01-19-04
Reviewed 10-21-08; 12-14-11; 05-11-16
Revised 12-15-08
507 - Student Health and Well-Being
507 - Student Health and Well-Being dawn.gibson.cm… Tue, 08/22/2023 - 13:48507.1 - Student Health and Immunization Certificates
507.1 - Student Health and Immunization CertificatesStudents desiring to participate in athletic activities in the school district will have a physical examination by a licensed physician and provide proof of such an examination to the school district.
A certificate of health stating the results of a physical examination and signed by the physician is on file at the attendance center. Each student will submit an up-to-date certificate of health upon the request of the superintendent. Failure to provide this information may be grounds for disciplinary action.
Students enrolling for the first time in the school district will also submit a certificate of immunization against diphtheria, pertussis, tetanus, poliomyelitis, rubeola, rubella, vermicelli and other immunizations required by law. The student must have a blood lead test and a dental screening. The student may be admitted conditionally to the attendance center if the student has not yet completed the immunization process but is in the process of doing so. Failure to meet the immunization requirement will be grounds for suspension, expulsion or denial of admission.
Exemptions from the immunization requirement in this policy will be allowed only for medical or religious reasons recognized under the law. The student must provide a valid Iowa State Department of Health Certificate of Immunization Exemption to be exempt from this policy.
Legal Reference: Iowa Code §§ 139.9; 280.13 (2001).
281 I.A.C. 33.5.|
641 I.A.C. 7.
Cross Reference: 402.2 Child Abuse Reporting
501 Student Attendance
507 Student Health and Well-Being
Approved 01-15-90
Reviewed 10-17-94; 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 11-21-94; 01-19-04; 12-15-08
507.2 - Administration of Medication to Students
507.2 - Administration of Medication to StudentsStudents may be required to take medication during the school day. Medication is administered by the school nurse, or in the nurse's absence, by a person who has successfully completed an administration of medication course reviewed by the Board of Pharmacy Examiners. The course is conducted by a registered nurse or licensed pharmacist. A record of course completion will be maintained by the school district. Students who have demonstrated competence in administering their own medication may self-administer their medication.
Medication will not be administered without written authorization that is signed and dated from the parent, and the medication must be in the original container which is labeled by the pharmacy or the manufacturer with the name of the child, name of the medication, the time of the day which it is to be given, the dosage and the duration. Written authorization will also be secured when the parent requests student co-administration of medication when competency is demonstrated. When administration of the medication requires ongoing professional health judgment, an individual health plan will be developed by the licensed health personnel with the student and the student's parents. A written record of the administration of medication procedure must be kept for each child receiving medication including the date; student's name; prescriber or person authorizing the administration; the medication and its dosage; the name, signature and title of the person administering the medication; and the time and method of administration and any unusual circumstances, actions or omissions. Administration of medication records are kept confidential.
The school nurse, or in the nurse's absence, the person who has successfully completed an administration of medication course reviewed by the Iowa Board of Pharmacy Examiners will have access to the medication which will be kept in a secured area. Students may carry medication only with the approval of the parents and building principal of the student's attendance center. Emergency protocol for medication-related reactions will be in place.
The superintendent is responsible, in conjunction with the school nurse, for developing rules and regulations governing the administration of medication, prescription and nonprescription, including emergency protocols, to students and for ensuring persons administering medication have taken the prescribed course and periodically review the prescribed course. Annually, each student is provided with the requirements for administration of medication at school.
Disposal of unused, discontinued/recalled, or expired medication shall be in compliance with federal and state law. Prior to disposal school personnel shall make a reasonable attempt to return medication by providing written notification that expired, discontinued, or unused medications needs to be picked up. If medication is not picked up by the date specified, disposal shall be in accordance with the disposal procedures for the specific category of medication.
Legal Reference: Iowa Code ch. 124, 152, 155A (2001).
281 I.A.C. 41.12(6)(f), (11).
657 I.A.C. 1.1(3), 10.61(1).
Cross Reference: 506 Student Records
507 Student Health and Well-Being
603.3 Special Education
607.2 Student Health Services
Approved 01-15-90
Reviewed 01-24-94; 12-15-03; 10-21-08; 12-14-11
Revised 02-21-94; 01-19-04
507.2E1 - Authorization - Asthma or Airway Constricting Medication Self-Administration Consent Form
507.2E1 - Authorization - Asthma or Airway Constricting Medication Self-Administration Consent Form_____________________________ ___/___/___ _________________ ___/___/___
Student's Name (Last), (First) (Middle) Birthday School Date
In order for a student to self-administer medication for asthma or any airway constricting disease:
- Parent/guardian provides signed, dated authorization for student medication self-administration.
- Physician (person licensed under chapter 148, 150, or 150A, physician, physician's assistant, advanced registered nurse practitioner, or other person licensed or registered to distribute or dispense a prescription drug or device in the course of professional practice in Iowa in accordance with section 147.107, or a person licensed by another state in a health field in which, under Iowa law, licensees in this state may legally prescribe drugs) provides written authorization containing:
- purpose of the medication,
- prescribed dosage,
- times or;
- special circumstances under which the medication is to be administered.
- The medication is in the original, labeled container as dispensed or the manufacturer's labeled container containing the student name, name of the medication, directions for use, and date.
- Authorization is renewed annually. If any changes occur in the medication, dosage or time of administration, the parent is to notify school officials immediately. The authorization shall be reviewed as soon as practical.
Provided the above requirements are fulfilled, a student with asthma or other airway constricting disease may possess and use the student's medication while in school, at school-sponsored activities, under the supervision of school personnel, and before or after normal school activities, such as while in before-school or after-school care on school-operated property. If the student abuses the self-administration policy, the ability to self-administer may be withdrawn by the school or discipline may be imposed.
Pursuant to state law, the school district or accredited nonpublic school and its employees are to incur no liability, except for gross negligence, as a result of any injury arising from self-administration of medication by the student. The parent or guardian of the student shall sign a statement acknowledging that the school district or nonpublic school is to incur no liability, except for gross negligence, as a result of self-administration of medication by the student as established by Iowa Code § 280.16.
Medication Dosage Route Time
Purpose of Medication & Administration /Instructions
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Special Circumstances Discontinue/Re-Evaluate/Follow-up Date
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Prescriber’s Signature Date
Prescriber’s Address Emergency Phone
- I request the above named student possess and self-administer asthma or other airway constricting disease medication(s) at school and in school activities according to the authorization and instructions.
- I understand the school district and its employees acting reasonably and in good faith shall incur no liability for any improper use of medication or for supervising, monitoring, or interfering with a student's self-administration of medication
- I agree to coordinate and work with school personnel and notify them when questions arise or relevant conditions change.
- I agree to provide safe delivery of medication and equipment to and from school and to pick up remaining medication and equipment.
- I agree the information is shared with school personnel in accordance with the Family Education Rights and Privacy Act (FERPA).
- I agree to provide the school with back-up medication approved in this form.
- (Student maintains self-administration record.) (Note: This bullet is recommended but not required.)
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Parent/Guardian Signature Date
(agreed to above statement)
Parent/Guardian Address Home Phone
Business Phone
Self-Administration Authorization Additional Information
507.2E2 - Parental Authorization and Release Form for the Administration of Prescription Medication to Students
507.2E2 - Parental Authorization and Release Form for the Administration of Prescription Medication to Students_________________________________ ___/___/___ _________________ ___/___/___
Student's Name (Last), (First), (Middle) Birthday School Date
School medications and health services are administered following these guidelines:
- Parent has provided a signed, dated authorization to administer medication and/or provide the health service.
- The medication is in the original, labeled container as dispensed or the manufacturer's labeled container.
- The medication label contains the student’s name, name of the medication, directions for use, and date.
- Authorization is renewed annually and immediately when the parent notifies the school that changes are necessary.
Medication/Health Care Dosage Route Time at School
Administration instructions
Special Directives, Signs to Observe and Side Effects
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Discontinue/Re-Evaluate/Follow-up Date
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Prescriber’s Signature Date
Prescriber's Address Emergency Phone
I request the above named student carry medication at school and school activities, according to the prescription, instructions, and a written record kept. Special considerations are noted above. The information is confidential except as provided to the Family Education Rights and Privacy Act (FERPA). I agree to coordinate and work with school personnel and prescriber when questions arise. I agree to provide safe delivery of medication and equipment to and from school and to pick up remaining medication and equipment.
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Parent's Signature Date
Parent's Address Home Phone
Additional Information Business Phone
Authorization Form
507.3 - Communicable Diseases - Students
507.3 - Communicable Diseases - StudentsStudents with a communicable disease will be allowed to attend school provided their presence does not create a substantial risk of illness or transmission to other students or employees. The term "communicable disease" will mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.
Prevention and control of communicable diseases is included in the school district's bloodborne pathogens exposure control plan. The procedures will include scope and application, definitions, exposure control, methods of compliance, universal precautions, vaccination, post-exposure evaluation, follow-up, communication of hazards to employees and record keeping. This plan is reviewed annually by the superintendent and school nurse.
The health risk to immunosupressed students is determined by their personal physician. The health risk to others in the school district environment from the presence of a student with a communicable disease is determined on a case-by-case basis by the student's personal physician, a physician chosen by the school district or public health officials.
A student who is at school and who has a communicable disease which creates a substantial risk of harm to other students, employees, or others at school will report the condition to the Superintendent any time the student is aware that the disease actively creates such risk.
It is the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with students with a communicable disease.
Legal Reference: School Board of Nassau County v. Arline, 480 U.S. 273 (1987).
29 U.S.C. §§ 701 et seq. (1994).
45 C.F.R. Pt. 84.3 (1990).
Iowa Code ch. 139 (2001).
641 I.A.C. 1.2-.5, 7.
Cross Reference: 403.3 Communicable Diseases - Employees
506 Student Records
507 Student Health and Well-Being
Approved 01-15-90
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 01-19-04
507.3E1 - Communicable Disease Chart
507.3E1 - Communicable Disease ChartCONCISE DESCRIPTIONS AND RECOMMENDATIONS FOR EXCLUSION OF CASES FROM SCHOOL
DISEASE *Immunization is available |
Usual Interval Between Exposure and First Symptoms of Disease |
MAIN SYMPTOMS |
Minimum Exclusion From School |
CHICKENPOX |
13 to 17 days |
Mild symptoms and fever. Pocks are "blistery." Develop scabs, most on covered parts of body. |
7 days from onset of pocks or until pocks become dry |
CONJUNCTIVITIS (PINK EYE) |
24 to 72 hours |
Tearing, redness and puffy lids, eye discharge. |
Until treatment begins or physician approves readmission. |
ERYTHEMIA INFECTIOSUM (5TH DISEASE) |
4 to 20 days |
Usual age 5 to 14 years – unusual in adults. Brief prodrome of low-grade fever followed by Erythemia (slapped cheek) appearance on cheeks, lace-like rash on extremities lasting a few days to 3 weeks. Rash seems to recur. |
After diagnosis no exclusion from school. |
GERMAN MEASLES* (RUBELLA) |
14 to 23 days |
Usually mild. Enlarged glands in neck and behind ears. Brief red rash. |
7 days from onset of rash. Keep away from pregnant women. |
HAEMOPHILUS MENINGITIS |
2 to 4 days |
Fever, vomiting, lethargy, stiff neck and back. |
Until physician permits return. |
HEPATITIS A |
Variable – 15 to 50 (average 28 to 30 days) |
Abdominal pain, nausea, usually fever. Skin and eyes may or may not turn yellow. |
14 days from onset of clinical disease and at least 7 days from onset of jaundice. |
IMPETIGO |
1 to 3 days |
Inflamed sores, with puss. |
48 hours after antibiotic therapy started or until physician permits retune. |
MEASLES* |
10 days to fever, 14 days to rash |
Begins with fever, conjunctivitis, runny nose, cough, then blotchy red rash. |
4 days from onset of rash. |
MENINGOCOCCAL MENINGITIS |
2 to 10 days (commonly 3 to 4 days |
Headache, nausea, stiff neck, fever. |
Until physician permits return. |
MUMPS* |
12 to 25 (commonly 18) days |
Fever, swelling and tenderness of glands at angle of jaw. |
9 days after onset of swollen glands or until swelling disappears. |
PEDICULOSIS (HEAD/BODY LICE) |
7 days for eggs to hatch |
Lice and nits (eggs) in hair. |
24 hours after adequate treatment to kill lice and nits. |
RINGWORM OF SCALP |
10 to 14 days |
Scaly patch, usually ring shaped, on scalp. |
No exclusion from school. Exclude from gymnasium, swimming pools, contact sports. |
SCABIES |
2 to 6 weeks initial exposure; 1 to 4 days reexposure |
Tinny burrows in skin caused by mites. |
Until 24 hours after treatment. |
SCARLET FEVER SCARLATINA STREP THROAT |
1 to 3 days |
Sudden onset, vomiting, sore throat, fever, later fine rash (not on face). Rash usually with first infection. |
24 hours after antibiotics started and no fever. |
WHOOPING COUGH* (PERTUSSIS) |
7 to 10 days |
Head cold, slight fever, cough, characteristic whoop after 2 weeks. |
5 days after start of antibiotic treatment. |
Readmission to School – It is advisable that school authorities require written permission from the health officer, school physician or attending physician before any pupil is readmitted to class following any disease which requires exclusion, not mere absence, from school.
507.3E2 - Reportable Infectious Diseases
507.3E2 - Reportable Infectious DiseasesWhile the school district is not responsible for reporting, the following infectious diseases are required to be reported to the state and local public health offices:
Acquired Immune Leprosy Rubella (German
Deficiency Syndrome Leptospirosis measles)
(AIDS) Lyme disease Rubeola (measles)
Amebiasis Malaria Salmonellosis
Anthrax Meningitis Shigellosis
Botulism (bacterial or viral) Tetanus
Brucellosis Mumps Toxic Shock Syndrome
Campylobacteriosis Parvovirus B 19 Trichinosis
Chlamydia trachomatis infection (fifth Tuberculosis
Cholera disease and other Tularemia
Diphtheria complications) Typhoid fever
E. Coli 0157:h7 Pertussis Typhus fever
Encephalitis (whooping cough) Venereal disease
Giardiasis Plague Chancroid
Hepatitis, viral Poliomyelitis Gonorrhea
(A,B, Non A- Psittacosis Granuloma Inguinale
Non-B, Unspecified) Rabies Lymphogranuloma
Histoplasmosis Reye's Syndrome Venereum
Human Immunodeficiency Rheumatic fever Syphilis
Virus (HIV) infection Rocky Mountain Yellow fever
other than AIDS spotted fever
Influenza Rubella (congenital
Legionellosis syndrome)
Any other disease which is unusual in incidence, occurs in unusual numbers of circumstances, or appears to be of public health concern, e.g., epidemic diarrhea, food or waterborne outbreaks, acute respiratory illness.
NOTE: Be sure to mail the appropriate copies to both the state and local public health offices. School districts must submit a report weekly if there are cases of mumps, chicken pox, erythema infectiosum, gastroenteritis, influenza-like illnesses and if the number is greater than 10 percent of the school district's enrollment.
507.3E3 - Reporting Form
507.3E3 - Reporting FormSource: Iowa Department of Public Health (1997).
REPORT THE FOLLOWING DISEASES IMMEDIATELY BY TELEPHONE (1-800-362-2736)
Botulism |
Poliomyelitis |
Yellow Fever |
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Rabies (Human) |
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Diphtheria |
Rubella |
any public health concern |
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Plague |
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REPORT ALL OTHER DISEASES BELOW. |
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Chickenpox Gastroenteritis Erythema infectiosum (5th Disease Influenza-like illness (URI) |
507.4 - Student Illness or Injury at School
507.4 - Student Illness or Injury at SchoolWhen a student becomes ill or is injured at school, the school district will attempt to notify the student's parents as soon as possible.
The school district, while not responsible for medical treatment of an ill or injured student, will have employees present administer emergency or minor first aid if possible. An ill or injured child will be turned over to the care of the parents or qualified medical employees as quickly as possible.
It is the responsibility of the principal to file an accident report with the superintendent within twenty-four hours after the student is injured.
Annually, parents are required to complete a medical emergency authorization form indicating the procedures to be followed, if possible, in an emergency involving their child. The authorization form will also include the phone numbers of the parents and alternative numbers to call in case of an injury or illness.
The superintendent is responsible, in conjunction with the school nurse, to develop rules and regulations governing the procedure in the event a student should become ill or be injured at school.
Legal Reference: Iowa Code § 613.17 (2001).
Cross Reference: 507 Student Health and Well-Being
Approved 11-15-90
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 01-19-04
507.5 - Emergency Plans and Drills
507.5 - Emergency Plans and DrillsStudents will be informed of the appropriate action to take in an emergency. Emergency drills for fire, weather, and other disasters are conducted each school year. Fire and tornado drills are each conducted regularly during the academic school year with a minimum of two before December 31 and two after January 1.
Each attendance center will develop and maintain a written plan containing emergency and disaster procedures. The plan will be communicated to and review with employees. Employees will participate in emergency drills. Licensed employees are responsible for instructing the proper techniques to be followed in the drill.
Legal Reference: Iowa Code § 100.31 (2001).
281 I.A.C. 41.25(3).
Cross Reference: 507 Student Health and Well-Being
711.10 School Bus Safety Instruction
804 Safety Program
Approved 01-15-90
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 01-19-04
507.6 - Student Insurance
507.6 - Student InsuranceParticipation in an insurance plan is not a contract with the school district, but rather, a contract between the insurance company and the student.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 504 Student Activities
507 Student Health and Well-Being
Approved 01-15-90
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 01-19-04
507.7 - Custody and Parental Rights
507.7 - Custody and Parental RightsDisagreements between family members are not the responsibility of the school district. The school district will not take the "side" of one family member over another in a disagreement about custody or parental rights. Court orders that have been issued are followed by the school district. It is the responsibility of the person requesting an action by the school district to inform and provide the school district the court order allowing such action.
This policy does not prohibit an employee from listening to a student's problems and concerns.
It is the responsibility of the superintendent to ensure employees remain neutral in a disagreement about custody and parental rights.
Legal Reference: Iowa Code §§ 232.67, .70, .73, .75; 235A; 279.8; 710.6 (2001).
441 I.A.C. 9.2; 155; 175.
Cross Reference: 506 Student Records
507 Student Health and Well-Being
Approved 01-15-90
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 01-19-04
507.8 - Student Special Health Services
507.8 - Student Special Health ServicesThe board recognizes that some special education students need special health services during the school day. These students will receive special health services in conjunction with their individualized education program.
Legal Reference: Board of Education v. Rowley, 458 U.S. 176 (1982).
Springdale School District #50 v. Grace, 693 F.2d 41 (8th Cir. 1982).
Southeast Warren Comm. School District v. Dept. of Public Instruction, 285 N.W.2d 173 (Iowa 1979).
20 U.S.C. §§ 1400 et seq. (1994).
34 C.F.R. Pt. 300 et seq. (1996).
Iowa Code §§ 256.11(7); 256B; 273.2, .5, .9(2)-(3); 280.8 (2001).
281 I.A.C. 12.3(7), 41.96
Cross Reference: 502 Student Rights and Responsibilities
506 Student Records
603.3 Special Education
Approved 02-21-94
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 01-19-04
507.8R1 - Special Health Services Regulation
507.8R1 - Special Health Services RegulationSome students who require special education need special health services in order to participate in the educational program. These students will receive special health services in accordance with their individualized educational program.
A. Definitions
"Assignment and delegation" - occurs when licensed health personnel, in collaboration with the education team, determine the special health services to be provided and the qualifications of individuals performing the health services. Primary consideration is given to the recommendation of the licensed health personnel. Each designation considers the student's special health service. The rationale for the designation is documented. If the designation decision of the team differs from the licensed health professional, team members may file a dissenting opinion.
"Co-administration" - the eligible student's participation in the planning, management and implementation of the student's special health service and demonstration of proficiency to licensed health personnel.
"Educational program" - includes all school curricular programs and activities both on and off school grounds.
"Education team" - may include the eligible student, the student's parent, administrator, teacher, licensed health personnel, and others involved in the student's educational program.
"Health assessment" - health data collection, observation, analysis, and interpretation relating to the eligible student's educational program.
"Health instruction" - education by licensed health personnel to prepare qualified designated personnel to deliver and perform special health services contained in the eligible student's health plan. Documentation of education and periodic updates are on file at school.
"Individual health plan" - the confidential, written, preplanned and ongoing special health service in the educational program. It includes assessment, planning, implementation, documentation, evaluation and a plan for emergencies. The plan is updated as needed and at least annually. Licensed health personnel develop this written plan with the education team.
"Licensed health personnel" - includes licensed registered nurse, licensed physician, and other licensed health personnel legally authorized to provide special health services and medications.
"Prescriber" - licensed health personnel legally authorized to prescribe special health services and medications.
"Qualified designated personnel" - persons instructed, supervised and competent in implementing the eligible student's health plan.
"Special health services" - includes, but is not limited to, services for eligible students whose health status (stable or unstable) requires:
· Interpretation or intervention,
· Administration of health procedures and health care, or
· Use of a health device to compensate for the reduction or loss of a body function.
"Supervision" - the assessment, delegation, evaluation and documentation of special health services by licensed health personnel. Levels of supervision include situations in which licensed health personnel are:
· physically present.
· available at the same site.
· available on call.
B. Licensed health personnel will provide special health services under the auspices of the school. Duties of the licensed personnel include the duty to:
· Participate as a member of the education team.
· Provide the health assessment.
· Plan, implement and evaluate the written individual health plan.
· Plan, implement and evaluate special emergency health services.
· Serve as liaison and encourage participation and communication with health service agencies and individuals providing health care.
· Provide health consultation, counseling and instruction with the eligible student, the student's parent and the staff in cooperation and conjunction with the prescriber.
· Maintain a record of special health services. The documentation includes the eligible student's name, special health service, prescriber or person authorizing, date and time, signature and title of the person providing the special health service and any unusual circumstances in the provision of such services.
· Report unusual circumstances to the parent, school administration, and prescriber.
· Assign and delegate to, instruct, provide technical assistance and supervise qualified designated personnel.
· Update knowledge and skills to meet special health service needs.
C. Prior to the provision of special health services the following will be on file:
· Written statement by the prescriber detailing the specific method and schedule of the special health service, when indicated.
· Written statement by the student's parent requesting the provision of the special health service.
· Written report of the preplanning staffing or meeting of the education team.
· Written individual health plan available in the health record and integrated into the IEP or IFSP.
D. Licensed health personnel, in collaboration with the education team, will determine the special health services to be provided and the qualifications of individuals performing the special health services. The documented rationale will include the following:
· Analysis and interpretation of the special health service needs, health status stability, complexity of the service, predictability of the service outcome and risk of improperly performed service.
· Determination that the special health service, task, procedure or function is part of the person's job description.
· Determination of the assignment and delegation based on the student's needs.
· Review of the designated person's competency.
· Determination of initial and ongoing level of supervision required to ensure quality services.
E. Licensed health personnel will supervise the special health services, define the level of supervision and document the supervision.
F. Licensed health personnel will instruct qualified designated personnel to deliver and perform special health services contained in the eligible individual health plan. Documentation of instruction and periodic updates are on file at school.
G. Parents will provide the usual equipment, supplies and necessary maintenance for such. The equipment is stored in a secure area. The personnel responsible for the equipment are designated in the individual health plan. The individual health plan will designate the role of the school, parents, and others in the provision, supply, storage and maintenance of necessary equipment.
507.9 - Wellness Policy
507.9 - Wellness PolicyThe board promotes healthy students by supporting wellness, good nutrition and regular physical activity as a part of the total learning environment. The school district supports a healthy environment where students learn and participate in positive dietary and lifestyle practices. By facilitating learning through the support and promotion of good nutrition and physical activity, schools contribute to the basic health status of students. Improved health optimizes student performance potential.
The school district provides a comprehensive learning environment for developing and practicing lifelong wellness behaviors. The entire school environment, not just the classroom, shall be aligned with healthy school district goals to positively influence a student's understanding, beliefs and habits as they relate to good nutrition and regular physical activity.
The school district supports and promotes proper dietary habits contributing to students' health status and academic performance. All foods available on school grounds and at school-sponsored activities during the instructional day should meet or exceed the school district nutrition standards and in compliance with state and federal law. Foods should be served with consideration toward nutritional integrity, variety, appeal, taste, safety and packaging to ensure high-quality meals.
The school district will make every effort to eliminate any social stigma attached to, and prevent the overt identification of, students who are eligible for free and reduced-price meals. Toward this end, the school district will utilize electronic identification and payment systems; promote the availability of meals to all students; and/or use nontraditional methods for serving meals, such as "grab-and-go" or classroom breakfast.
The school district will develop a local wellness policy committee comprised of representatives of the board, parents, leaders in food/exercise authority and employees. The local wellness policy committee will develop a plan to implement and measure the local wellness policy and monitor the effectiveness of the policy. The committee will designate an individual to monitor implementation and evaluation the implementation of the policy. The committee will report to the board regarding the effectiveness of this policy.
Specific Wellness Goals
- specific goals for nutrition education, (see Appendix A)
- physical activity, (see Appendix B)
- other school-based activities that are designed to promote student wellness, (see Appendix C)
The nutrition guidelines for all foods available will focus on promoting student health and reducing childhood obesity in the school district; (see Appendix D).
The board will monitor and evaluate this policy. (see Appendix E).
Legal Reference: Richard B. Russell National School Lunch Act, 42 U.S.C. 1751 et seq. (2005)
Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq.,
Cross Reference: 504.6 Student Activity Program
710 School Food Services
Approved 03-20-06
Reviewed 10-21-08; 09-22-09; 07-19-10; 12-14-11; 05-11-16
Revised 10-22-09; 08-16-10
507.9A - Nutrition Education and Promotion - Appendix A
507.9A - Nutrition Education and Promotion - Appendix AThe school district will provide nutrition education and engage in nutrition promotion that:
- is offered at each grade level as part of a sequential, comprehensive, standards-based program designed to provide students with the knowledge and skills necessary to promote and protect their health;
- includes enjoyable, developmentally appropriate, culturally relevant participatory activities, such as contests, promotions, taste-testing, farm visits and school gardens;
- promotes fruits, vegetables, whole-grain products, low-fat and fat-free dairy products, healthy food preparation methods and health-enhancing nutrition practices; and
- emphasizes caloric balance between food intake and physical activity.
507.9B - Physical Activity - Appendix B
507.9B - Physical Activity - Appendix BDaily Physical Education
The school district will provide physical education that:
- is for all students in grades K-12 for the entire school year;
- is taught by a certified physical education teacher;
- includes students with disabilities, students with special health-care needs may be provided in alternative educational settings; and,
- engages students in moderate to vigorous activity during at least 50 percent of physical education class time.
Daily Recess
Elementary schools should provide recess for students that:
- is at least 30 minutes a day;
- is preferably outdoors; and,
- encourages moderate to vigorous physical activity verbally and through the provision of space and equipment.
- discourages extended periods (i.e., periods of two or more hours) of inactivity.
When activities, such as mandatory school-wide testing, make it necessary for students to remain indoors for long periods of time, schools should give students periodic breaks during which they are encouraged to stand and be moderately active.
Physical Activity and Punishment
Employees should not use physical activity (e.g., running laps, pushups) or withhold opportunities for physical activity (e.g., recess, physical education) as punishment.
Physical Activity Opportunities after School
After-school child care and enrichment programs will provide and encourage—verbally, and through the provision of space, equipment and activities—daily periods of moderate to vigorous physical activity for all participants.
Note – Iowa law now requires elementary students, K-5, to have 30 minutes of physical activity, not physical education, per day. This requirement can be met through a combination of PE, recess, classroom and other activities. Middle and high school students must have at least 120 minutes of physical activity per week. Again this is not just physical education but can be met with a combination of PE, school and non-school sponsored athletics and other activities where the body is exerted. Should a student wish to meet the requirement outside of school, the student and school district must have an agreement detailing the outside activity.
507.9E1 - Physical Activity Contract for the ____ School Year
507.9E1 - Physical Activity Contract for the ____ School YearIn 2008, the Iowa Legislature enacted “the Healthy Kids Act,” requiring that all students in grades 6 – 12 engage in physical activity for a minimum of 120 minutes per week in which there are at least five days of school. The law also requires that we monitor how students fulfill this requirement.
Please fill out the items below, sign (both student and parent/guardian), and return to the school by ____________.
If you have any questions, call: 1-515-373-6619. (date)
Name of Student: ___________________________________________ Grade (___________):_____________
School year
School activities that student will be involved in during the __________ school year (include estimate of minutes per week):
FALL WINTER SPRING
Cross country |
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Basketball |
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Track |
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Football |
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Wrestling |
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Golf |
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Volleyball |
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Bowling |
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Tennis |
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Swimming |
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Swimming (boys) |
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Soccer |
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Marching band |
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Show choir |
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Baseball |
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Cheerleading |
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Cheerleading |
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Softball |
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Drill team |
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Drill team |
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Pom squad |
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Trapshooting |
|
|
|
|
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Other* (what, when, how many minutes per week): |
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* Non-school activities (may include non-school sport teams, gymnastics, dance, individualized exercise program, etc.) that student will be involved in during the ____________ school year.
Signature of Student: ___________________________________________ Date Signed: _______________________________
Signature of Parent/Guardian: _______________________________________________________________________________
Signature of Building Principal: ______________________________________________________________________________
507.9C - Other School-Based Activities that Promote Student Wellness - Appendix C
507.9C - Other School-Based Activities that Promote Student Wellness - Appendix CIntegrating Physical Activity into Classroom Settings
For students to receive the nationally recommended amount of daily physical activity and for students to fully embrace regular physical activity as a personal behavior, students need opportunities for physical activity beyond the physical education class. Toward that end, the school district will:
- offer classroom health education that complements physical education by reinforcing the knowledge and self-management skills needed to maintain a physically active lifestyle and to reduce time spent on sedentary activities;
- discourage sedentary activities, such as watching television, playing computer games, etc. ; and,
- provide opportunities for physical activity to be incorporated into other subject lessons.
Communication with Parents
The school district will support parents’ efforts to provide a healthy diet and daily physical activity for their children. The school district will:
- provide opportunities for students to share their healthy food practices with others in the school community;
- support parents’ efforts to provide their children with opportunities to be physically active outside of school; and,
- include sharing information about physical activity and physical education through a web site, newsletter, other take-home materials, special events or physical education homework.
Staff Wellness
The school district values the health and well-being of every staff member and will plan and implement activities and policies that support personal efforts by staff to maintain a healthy lifestyle. The school should:
- develop, promote and oversee a multifaceted plan to promote staff health and wellness developed by the staff wellness committee.
507.9D - Nutrition Guidelines for All Foods Available on Campus - Appendix D
507.9D - Nutrition Guidelines for All Foods Available on Campus - Appendix DSchool Meals
Meals served through the National School Lunch and Breakfast Programs will:
- be appealing and attractive to children;
- be served in clean and pleasant settings;
- meet, at a minimum, nutrition requirements established by local, state and federal law:
- offer a variety of fruits and vegetables;
- serve only low-fat (1%) and fat-free milk and nutritionally equivalent non-dairy alternatives (as defined by the USDA); and,
- ensure that half of the served grains are whole grain.
The school will:
- set guidelines for eating fruits and vegetables;
- set guidelines for receiving extra portions; and
- share information about the nutritional content of meals with parents and students. (The information could be made available on menus, a web site, on cafeteria menu boards, placards or other point-of-purchase materials.)
Breakfast
To ensure that all children have breakfast, either at home or at school, in order to meet their nutritional needs and enhance their ability to learn, schools will:
- operate the breakfast program, to the extent possible;
- arrange bus schedules and utilize methods to serve breakfasts that encourage participation, including serving breakfast in the classroom, “grab-and-go” breakfasts or breakfast during morning break or recess, to the extent possible;
- notify parents and students of the availability of the School Breakfast Program, where available; and,
- encourage parents to provide a healthy breakfast for their children through newsletter articles, take-home materials or other means.
Free and Reduced-Priced Meals
The school district will make every effort to eliminate any social stigma attached to, and prevent the overt identification of, students who are eligible for free and reduced-price meals. Toward this end, the school district may:
- utilize electronic identification and payment systems; and
- promote the availability of meals to all students.
Qualification of Food Service Staff
Qualified nutrition professionals will administer the meal programs. As part of the school district’s responsibility to operate a food service program, the school district will:
- provide continuing professional development for all nutrition professionals; and,
- provide staff development programs that include appropriate certification and/or training programs for child nutrition directors, nutrition managers and cafeteria workers, according to their levels of responsibility.
Celebrations
The school will evaluate their celebrations practices that involve food during the school day. The school district will disseminate a list of healthy party ideas to parents and teachers.
507.9E - Plan for Measuring Implementation - Appendix E
507.9E - Plan for Measuring Implementation - Appendix EMonitoring
The superintendent will ensure compliance with established school district-wide nutrition and physical activity wellness policies.
In each school:
- the principal will ensure compliance with those policies in the school and will report on the school’s compliance to the superintendent; and,
- food service staff, at the school or school district level, will ensure compliance with nutrition policies within food service areas and will report on this matter to the superintendent or principal.
In the school district:
- the school district will report on the most recent USDA School Meals Initiative (SMI) review findings and any resulting changes. If the school district has not received a SMI review from the state agency within the past five years, the school district will request from the state agency that a SMI review be scheduled as soon as possible;
- the superintendent will develop a summary report every three years on school district-wide compliance with the school district’s established nutrition and physical activity wellness policies, based on input from schools within the school district; and,
- the report will be provided to the school board and also distributed to all school wellness committees, parent/teacher organizations, principals and health services personnel in the school district.
Policy Review
To help with the initial development of the school district’s wellness policies, each school in the school district will conduct a baseline assessment of the school’s existing nutrition and physical activity environments and practices. The results of those school-by-school assessments will be compiled at the school district level to identify and prioritize needs.
Assessments will be repeated every three years to help review policy compliance, assess progress and determine areas in need of improvement. As part of that review, the school district will review the nutrition and physical activity policies and practices and the provision of an environment that supports healthy eating and physical activity. The school district, and individual schools within the school district will, revise the wellness policies and develop work plans to facilitate their implementation.
508 - Miscellaneous Student-Related Matters
508 - Miscellaneous Student-Related Matters dawn.gibson.cm… Tue, 08/22/2023 - 13:46508.1 - Class or Student Group Gifts
508.1 - Class or Student Group GiftsThe board welcomes gifts to the school district from a class or student group. While class gifts to the school district do not require the approval of the superintendent, the board encourages students to consult with the superintendent or other licensed employees prior to selecting a gift for the school district.
Legal Reference: Iowa Code §§ 68B; 722.1, .2 (2001).
Cross Reference: 704.4 Gifts - Grants - Bequests
Approved 01-15-90
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 01-19-04
508.2 - Open Night
508.2 - Open NightIn keeping with good community relations, student school activities will not be scheduled on Wednesdays whenever possible. There will be no middle school activities scheduled after 3:30 p.m. on Wednesdays during the school year, unless an event has to be rescheduled. It is the responsibility of the principal to oversee the scheduling of school activities for compliance with this policy.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 901.2 Board of Directors and Community Relations
Approved 01-15-90
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 01-19-04
600 - EDUCATION PROGRAMS
600 - EDUCATION PROGRAMS dawn.gibson.cm… Fri, 08/25/2023 - 14:15600 - Goals and Objectives of the Education Program
600 - Goals and Objectives of the Education ProgramThis series of the board policy manual is devoted to the goals and objectives for the delivery of the education program. The board's objective in the design, contents and the delivery of the education program is to provide an equal opportunity for students to pursue an education free of discrimination on the basis of race, creed, color, sex, national origin, marital status, sexual orientation, gender identity, religion or disability.
In providing the education program of the school district, the board will strive to meet its overall goal of providing the students an opportunity to develop a healthy social, intellectual, emotional, and physical self-concept in a learning environment that provides guidance and encourages critical thinking in students.
In striving to meet this overall goal, the objectives of the education program are to provide students with an opportunity to:
· Acquire basic skills in obtaining information, solving problems, thinking critically and communicating effectively;
· Become effective and responsible contributors to the decision-making processes of the social and political institutions of the community, state and nation;
· Acquire entry-level job skills and knowledge necessary for further education;
· Acquire the capacities for a satisfying and responsible role as family members;
· Acquire knowledge, habits and attitudes that promote personal and public health, both physical and mental;
· Acquire an understanding of ethical principles and values and the ability to apply them to their own lives;
· Develop an understanding of their own worth, abilities, potential and limitations; and,
· Learn and enjoy the process of learning and acquire the skills necessary for a lifetime of continuous learning and adaptation to change.
An advisory committee of representatives of the school district community and the school district is appointed to make recommendations for the goals and objectives of the education program. Annually, the board will report to the committee regarding progress toward achievement of the goals and objectives of the education program.
Approved 01-15-90
Reviewed 12-21-92; 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 01-19-93; 05-19-03
601 - General Organization
601 - General Organization dawn.gibson.cm… Fri, 08/25/2023 - 16:17601.1 - School Calendar
601.1 - School CalendarThe school calendar will accommodate the education program of the school district. The school calendar is for a minimum of 1080 hours and include, but not be limited to, the days for student instruction, staff development, in-service days and teacher conferences.
The academic school year for students is for a minimum of 1080 hours in the school calendar. The academic school year for students may not begin prior to August 23, as mandated by the state. Employees may be required to report to work at the school district prior to this date.
Special education students may attend school on a school calendar different from that of the regular education program consistent with their Individualized Education Program.
The board, in its discretion, may excuse graduating seniors from up to five days of instruction after the school district requirements for graduation have been met. The board may also excuse graduating seniors from making up days missed due to inclement weather if the student has met the school district's graduation requirements.
It is the responsibility of the superintendent to develop the school calendar for recommendation, approval, and adoption by the board annually.
The board may amend the official school calendar when the board considers the change to be in the best interests of the school district's education program.
Legal Reference: Iowa Code §§ 20.9; 279.10, 280.3 (2001).
281 I.A.C. 12.2(1).
Cross Reference: 501.3 Compulsory Attendance
601.2 School Day
603.3 Special Education
606.10 Early Release for Seniors
Approved 01-15-90
Reviewed 11-18-91; 09-19-94; 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 12-16-91; 10-17-94; 05-19-03
601.2 - School Day
601.2 - School DayThe student school day for grades one through twelve will consist of a minimum of six hours, not including the lunch period. The school day consists of the schedule of class instruction and class activities as established and sponsored by the school district. Time during which students are released from school for parent/teacher conferences may be counted as part of students’ instructional time. The minimum school day will meet the requirements as established for the operation of accredited schools.
The board may define the number of days kindergarten will be held and the length of each school day for the students attending kindergarten. The school day will consist of a schedule as recommended by the superintendent and approved by the board.
The school district may also record a day of school with less than the minimum instructional hours if the total hours of instructional time for grades one through twelve in any five consecutive school days equals a minimum of thirty hours, even though any one day of school is less than the minimum instructional hours because of a staff development opportunity provided for the instructional staff or parent-teacher conferences have been scheduled beyond the regular school day. If the total hours of instructional time for the first four consecutive days equal at least thirty hours because parent-teacher conferences have been scheduled beyond the regular school day, the school district may record zero hours of instructional time on the fifth consecutive school day as a school day. Schedule revisions and changes in time allotments will be made by the superintendent.
When the school is forced to close due to weather or other emergencies, the part of the day during which school was in session will constitute a school day. The Superintendent will create administrative regulations necessary to utilize any remote learning opportunities that are available and permitted by law during the period of closure. The provision of special education and accommodations for students who have individualized education programs (IEPs) or Section 504 plans during periods of closure will be determined by each respective IEP or Section 504 team.
It is the responsibility of the superintendent to inform the board annually of the length of the school day.
Legal Reference: Iowa Code § 279.8 (2001).
281 I.A.C. 12.2(2), .2(3), .2(6).
Cross Reference: 601.1 School Calendar
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03; 01-19-09; 04-19-23
602 - Curriculum Development
602 - Curriculum Development dawn.gibson.cm… Fri, 08/25/2023 - 16:15602.1 - Curriculum Development
602.1 - Curriculum DevelopmentCurriculum development is an ongoing process in the school district and consists of both research and design. Research is the studious inquiry and critical investigation of the various content areas for the purpose of revising and improving curriculum and instruction based on relevant information pertaining to the discipline. This study is conducted both internally (what and how we are currently doing at the local level) and externally (what national standards, professional organizations, recognized experts, current research, etc. tell us relative to the content area). Design is the deliberate process of planning and selecting the standards and instructional strategies that will improve the learning experiences for all students. The board delegates the curriculum development process to the Superintendent, who will make curriculum development recommendations and submit them to the board for final approval.
A systematic approach to curriculum development (careful research, design, and articulation of the curriculum) serves several purposes:
- Focuses attention on the content standards of each discipline and ensure the identified learnings are rigorous, challenging, and represent the most important learning for our students.
- Increases the probability that students will acquire the desired knowledge, skills and dispositions and that our schools will be successful in providing appropriate learning experiences.
- Facilitates communication and coordination.
- Improves classroom instruction.
The superintendent is responsible for the curriculum development process and for determining the most effective method of conducting research and design activities. A curriculum framework will describe the processes and procedures that will be followed in researching, designing, and articulating each curriculum area. This framework will at a minimum, describe the processes and procedures for the following curriculum development activities to:
- Study the latest thinking, trends research and expert advice regarding the content/discipline;
- Study the current status of the content/discipline (what and how well students are currently learning);
- Identify content standards, benchmarks, and grade level expectations for the content/discipline;
- Describe the desired learning behaviors, teaching and learning environment related to the content/discipline;
- Identify differences in the desired and present program and develop a plan for addressing the differences;
- Communicate with internal and external publics regarding the content area;
- Involve staff, parents, students, and community members in curriculum development decisions;
- Verify how the standards and benchmarks of the content/discipline support each of the broader student learning goals and provide a K-12 continuum that builds on the prior learning of each level:
- Ensure proposed curriculum complies with applicable laws;
- Align annual improvement goals with needs assessment information.
It is the responsibility of the superintendent to keep the board apprised of necessary curriculum revisions, progress or each content area related to curriculum development activities, and to develop administrative regulations for curriculum development including recommendations to the board.
Legal Reference: 20 U.S.C. § 1232h (1994).
34 C.F.R. Pt. 98 (1999).
Iowa Code §§ 216.9, 256.7, 279.8, 280.3
281 I.A.C. 12.5., .8.
Cross Reference: 101 Educational Philosophy of the School District
103 Long-Range Needs Assessment
604.10 Online Courses
906 Unmanned Aircraft/Drones
Approved
Reviewed
Revised
602.2 - Curriculum Implementation
602.2 - Curriculum ImplementationWithout careful and continuing attention to implementation, planned changes in curriculum and instruction rarely succeed as intended. How change is put into practice, to a large extent, determines how well it fares.
Implementation refers to what actually happens in practice as compared to what was supposed to happen. Curriculum implementation includes the provision of organized assistance to staff in order to ensure that the newly developed curriculum and the most powerful instructional strategies are actually delivered at the classroom level. There are two components of any implementation effort that must be present to guarantee the planned changes in curriculum and instruction succeed as intended:
- Understanding the conceptual framework of the content/discipline being implemented; and,
- Organized assistance to understand the theory, observe exemplary demonstrations, have opportunities to practice, and receive coaching and feedback focused on the most powerful instructional strategies to deliver the content at the classroom level.
The superintendent is responsible for curriculum implementation and for determining the most effective way of providing organized assistance and monitoring the level of implementation. A curriculum framework will describe the processes and procedures that will be followed to assist all staff in developing the knowledge and skills necessary to successfully implement the developed curriculum in each content area. This framework will, at a minimum, describe the processes and procedures for the following curriculum implementation activities to:
- Study and identify the best instructional practices and materials to deliver the content;
- Identify/develop exemplars that demonstrate the learning behaviors, teaching, and learning environment to deliver the content;
- Study the current status of instruction in the content area (how teachers are teaching);
- Compare the desired and present delivery system, identify differences (gap analysis), and develop a plan for addressing the differences;
- Organize staff into collaborative study teams to support their learning and implementation efforts (address the gaps);
- Provide ongoing professional development related to instructional strategies and materials that focuses on theory, demonstration, practice and feedback;
- Regularly monitor and assess the level of implementation;
- Communicate with internal and external publics regarding curriculum implementation;
- Involve staff, parents, students, and community members in curriculum implementation decisions;
- Ensure the curriculum framework complies with applicable laws;
- Provide professional development to staff to support effective curriculum implementation.
It is the responsibility of the superintendent to keep the board apprised of curriculum implementation activities, progress of each content area related to curriculum implementation activities, and to develop administrative regulations for curriculum implementation including recommendations to the board.
Note: This is a mandatory policy but the content is discretionary to the extent somewhere in board policy the board describes its process for establishing content standards, benchmarks, performance levels, and annual improvement goals aligned with needs assessment information. Boards, in conjunction with their administrators, should review their curriculum implementation process and incorporate it into this policy – striking what doesn’t apply and adding what does.
Legal Reference: 20 U.S.C. § 1232h (1994).
34 C.F.R. Pt. 98 (1999).
Iowa Code §§ 216.9, 256.7, 279.8, 280.3
281 I.A.C. 12.5., .8.
Cross Reference: 101 Educational Philosophy of the School District
103 Long-Range Needs Assessment
Approved
Reviewed
Revised
602.3 - Curriculum Evaluation
602.3 - Curriculum EvaluationRegular evaluation of the total curriculum is necessary to ensure that the written and delivered curriculum is having the desired effect for students.
Curriculum evaluation refers to an ongoing process of collecting, analyzing, synthesizing, and interpreting information to aid in understanding what students know and can do. It refers to the full range of information gathered in the school district to evaluate (make judgments about) student learning and program effectiveness in each content area.
Curriculum evaluation must be based on information gathered from a comprehensive assessment system that is designed for accountability and committed to the concept that all students will achieve at high levels, is standards-based, and informs decisions which impact significant and sustainable improvements in teaching and student learning.
The superintendent is responsible for curriculum evaluation and for determining the most effective way of ensuring that assessment activities are integrated into instructional practices as part of school improvement with a particular focus on improving teaching and learning. A curriculum framework will describe the procedures that will be followed to establish an evaluation process that can efficiently and effectively evaluate the total curriculum. This framework will, at a minimum, describe the procedures for the following curriculum evaluation activities:
- Identify specific purposes for assessing student learning;
- Develop a comprehensive assessment plan;
- Select/develop assessment tools and scoring procedures that are valid and reliable;
- Identify procedures for collecting assessment data;
- Identify procedures for analyzing and interpreting information and drawing conclusions based on the data (including analysis of the performance of various sub-groups of students);
- Identify procedures for establishing at least three levels of performance (specific to the content standard and the assessment tool when appropriate) to assist in determining whether students have achieved at a satisfactory level (at least two levels describe performance that is proficient or advanced and at least one level describes students who are not yet performing at the proficient level);
- Identify procedures for using assessment information to determine long-range and annual improvement goals;
- Identify procedures for using assessment information in making decisions focused on improving teaching and learning (data based decision making);
- Provide support to staff in using data to make instructional decisions;
- Define procedures for regular and clear communication about assessment results to the various internal and external publics (mandatory for communication about students receiving special education services);
- Define data reporting procedures;
- Verify that assessment tools are fair for all students and are consistent with all state and federal mandates;
- Verify that assessment tools measure the curriculum that is written and delivered;
- Identify procedures for deciding when multiple assessment measures are necessary for making good decisions and drawing appropriate conclusions about student learning;
- Identify roles and responsibilities of key groups;
- Involve staff, parents, students, and community members in curriculum evaluation;
- Ensure participation of eligible students receiving special education services in district-wide assessments.
- Ensure curriculum complies with applicable laws.
It is the responsibility of the superintendent to keep the board apprised of curriculum evaluation activities, the progress of each content area related to curriculum evaluation activities, and to develop administrative regulations for curriculum evaluation including recommendations to the board.
Note: This is a mandatory policy but the content is discretionary to the extent somewhere in board policy the board describes its process for establishing content standards, benchmarks, performance levels, and annual improvement goals aligned with needs assessment information. . Boards, in conjunction with their administrators, should review their curriculum evaluation process and incorporate it into this policy – striking what doesn’t apply and adding what does.
Legal Reference: 20 U.S.C. § 1232h (1994).
34 C.F.R. Pt. 98 (1999).
Iowa Code §§ 216.9, 256.7, 279.8, 280.3
281 I.A.C. 12.5., .8.
Cross Reference: 101 Educational Philosophy of the School District
103 Long-Range Needs Assessment
Approved
Reviewed
Revised
602.4 - Pilot - Experimental - Innovative Projects
602.4 - Pilot - Experimental - Innovative ProjectsThe board welcomes new ideas in curriculum. Proposals for pilot or experimental projects will first be reviewed and analyzed by the superintendent. Projects recommended by the superintendent will be considered by the board. Pilot and experimental projects approved by the board, the Iowa Department of Education, or the U. S. Department of Education may be utilized in the education program.
Students, who may be or are asked to participate in a research or experimental project or program, must have their parents' written consent on file prior to participating in the project or program. A research or experimental program or project requiring parents' prior written consent is a program or project designed to explore or develop new or unproven teaching methods or techniques. These programs or projects are designated as research or experimental projects or programs. The educational materials of a program or project designated as a research or experimental program or project may be inspected and reviewed by the parents of the students participating or being considered for participation in the program or project. The inspection and review by the parents is in accordance with board policy 605.2, "Instructional Materials Inspection."
It is the responsibility of the superintendent to develop administrative regulations regarding this policy.
Legal Reference: 20 U.S.C. § 1232h (1994).
34 C.F.R. Pt. 98 (1999).
Iowa Code §§ 279.8, .10; 280.3-.14 (2001).
281 I.A.C. 12.5.
Cross Reference: 602 Curriculum Development
603 Instructional Curriculum
Approved 05-19-03
Reviewed 11-17-08; 02-21-12; 05-11-16
Revised __
603 - Instructional Curriculum
603 - Instructional Curriculum dawn.gibson.cm… Fri, 08/25/2023 - 15:52603.1 - Basic Instruction Program
603.1 - Basic Instruction ProgramThe basic instruction program will include the courses required for each grade level by the State Department of Education. The instructional approach will be nonsexist and multicultural.
The basic instruction program of students enrolled in kindergarten is designed to develop healthy emotional and social habits, language arts and communication skills, the capacity to complete individual tasks, character education and the ability to protect and increase physical well-being with attention given to experiences relating to the development of life skills and human growth and development.
The basic instruction program of students enrolled in grades one through six will include English-language arts, social studies, mathematics, science, health, human growth and development, physical education, traffic safety, music, and visual art.
The basic instruction program of students enrolled in grades seven and eight will include English-language arts, social studies, mathematics, science, health, human growth and development, family and consumer, career, technology education, physical education, music, and visual art.
The basic instruction program of students enrolled in grades nine through twelve will include English‑language arts, social studies, mathematics, science, health, physical education, fine arts, foreign language , and vocational education.
The board may, in its discretion, offer additional courses in the instruction program for any grade level.
Each instruction program is carefully planned for optimal benefit taking into consideration the financial condition of the school district and other factors deemed relevant by the board or superintendent. Each instruction program's plan should describe the program, its goals, the effective materials, the activities and the method for student evaluation.
It is the responsibility of the superintendent to develop administrative regulations stating the required courses and optional courses for kindergarten, grades one through six, grades seven and eight, and grades nine through twelve.
Legal Reference: 20 U.S.C. § 1232h (1994).
34 C.F.R. Pt. 98 (1999).
Iowa Code §§ 216.9; 256.11; 279.8; 280.3-.14 (2001).
281 I.A.C. 12.5.
Cross Reference: 102 Equal Educational Opportunity
103 Long-Range Needs Assessment
505 Student Scholastic Achievement
602 Curriculum Development
603 Instructional Curriculum
Approved 01-15-90
Reviewed 02-18-93; 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 03-15-93; 05-19-03
603.2 - Summer School Instruction
603.2 - Summer School InstructionGenerally, only remedial instruction and summer instrumental lessons will be offered during summer school. However, the board, in its discretion, may offer summer school for one or more courses and student activities for students who need additional help and instruction or for enrichment in those areas. This decision is within the discretion of the board.
Upon receiving a request for summer school, the board will weigh the benefit to the students and the school district as well as the school district's budget and availability of licensed employees to conduct summer school.
It is the responsibility of the superintendent to develop administrative regulations regarding this policy.
Legal Reference: Iowa Code §§ 279.8, .11; 280.3, .14; 282.1A, .6 (2001).
Cross Reference: 410.3 Summer School Licensed Employees
603 Instructional Curriculum
711.7 Summer School Transportation
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03
603.3 - Special Education
603.3 - Special EducationThe board recognizes some students have different educational needs than other students. The board will provide a free appropriate public education program and related services to students identified in need of special education. The special education services will be provided from birth until the appropriate education is completed, age twenty-one or to maximum age allowable in accordance with the law. Students requiring special education will attend general education classes, participate in nonacademic and extracurricular services and activities and receive services in a general education setting to the maximum extent appropriate to the needs of each individual student. The appropriate education for each student is written in the student's Individualized Education Program (IEP).
Special education students are required to meet the requirements stated in board policy or in their IEPs for graduation. It is the responsibility of the superintendent and the area education agency director of special education to provide or make provisions for appropriate special education and related services.
Children from birth through age 2 and children age 3 through age 5 are provided comprehensive special education services within the public education system. The school district will work in conjunction with the area education agency to provide services, at the earliest appropriate time, to children with disabilities from birth through age 2. This is done to ensure a smooth transition of children entitled to early childhood special education services.
Legal Reference: Board of Education v. Rowley, 458 U.S. 176 (1982).
Springdale School District #50 v. Grace, 693 F.2d 41 (8th Cir. 1982).
Southeast Warren Comm. School District v. Dept. of Public Instruction, 285 N.W.2d 173 (Iowa 1979).
20 U.S.C. §§1400 et seq. (1994).
34 C.F.R. Pt. 300 et seq. (1996).
Iowa Code §§ 256.11(7); 256B; 273.1, .2, .5, .9(2)-(3); 280.8 (2001).
281 I.A.C. 41.
Cross Reference: 503 Student Discipline
505.5 Graduation Requirements
506 Student Records
507.2 Administration of Medication to Students
507.8 Student Special Health Services
601.1 School Calendar
603 Instructional Curriculum
Approved 01-15-90
Reviewed 01-24-94; 03-24-97; 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 02-21-94; 04-21-97; 05-19-03
603.4 - Multicultural and Nonsexist Education
603.4 - Multicultural and Nonsexist EducationStudents will have an equal opportunity for a quality education without discrimination, regardless of their race, religion, color, sex, marital status, creed, socioeconomic status, sexual orientation, gender identity, national origin or disability.
The education program is free of discrimination and provides equal opportunity for the students. The education program will foster knowledge of and respect and appreciation for the historical and contemporary contributions of diverse cultural groups, as well as men and women, to society. Special emphasis is placed on Asian Americans, African Americans, American Indians, European Americans, Hispanic Americans and persons with disabilities. It will also reflect the wide variety of roles open to both men and women and provide equal opportunity to both sexes.
Legal Reference: Iowa Code §§ 216.9; 256.11 (2001).
281 I.A.C. 12.5(8).
Cross Reference: 102 Equal Educational Opportunity
600 Goals and Objectives of the Education Program
Approved 07-16-90
Reviewed 12-21-92; 04-10-03; 02-19-07; 11-17-08; 02-21-12; 06-17-14; 07-15-14
Revised 01-19-93; 05-19-03; 03-19-07; 12-15-08; 05-11-16
603.5 - Health Education
603.5 - Health EducationStudents in grade levels one through twelve will receive, as part of their health education, instruction about personal health; food and nutrition; environmental health; safety and survival skills; consumer health; family life; human growth and development; substance abuse and non-use, including the effects of alcohol, tobacco, drugs and poisons on the human body; human sexuality; self-esteem; stress management; interpersonal relationships; emotional and social health; health resources; prevention and control of disease; and communicable diseases, including acquired immune deficiency syndrome. The purpose of the health education program is to help each student protect, improve and maintain physical, emotional and social well-being.
The areas stated above are included in health education and the instructions are adapted at each grade level to aid understanding by the students.
Parents who object to health education instruction in human growth and development may file a written request that the student be excused from the instruction. The written request will include a proposed alternate activity or study acceptable to the superintendent. The superintendent will have the final authority to determine the alternate activity or study.
Legal Reference: Iowa Code §§ 256.11; 279.8; 280.3-.14 (2001).
281 I.A.C. 12.5.
Cross Reference: 502 Student Rights and Responsibilities
603 Instructional Curriculum
607 Instructional Services
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03
603.5E1 - Human Growth and Development Student Excuse Form
603.5E1 - Human Growth and Development Student Excuse FormStudent Name: ________________________________________________ Grade: ___________________________
Parent/Guardian: _______________________________________________ Phone #: _________________________
Please list the curricular objective(s) from which you wish to have your child excused and the class or grade in which each is taught. An example is provided for you to follow.
Objective Class/Grade
Ex. To understand the consequences of Health Education/6
responsible and irresponsible sexual
behavior.
1.
2.
3.
4.
5.
6.
7.
8.
I have reviewed the Human Growth and Development program goals, objectives, and materials and wish my child to be excused from class when these objectives are taught. I understand my child will incur no penalty but may/will be required to complete an alternative assignment that relates to the class and is consistent with assignments required of all students in the class.
Signed: ___________________________________________ Date: ______________________
(Parent or Guardian)
Signed: ___________________________________________ Date: ______________________
(School Administrator)
603.6 - Physical Education
603.6 - Physical EducationStudents in grades one through twelve are required to participate in physical education courses unless they are excused by the principal of their attendance center.
Students may be excused from physical education courses if the student presents a written statement from a doctor stating that such activities could be injurious to the health of the student or the student has been exempted because of a conflict with the student's religious beliefs.
Students in grades 9-12 may also be excused from physical education courses if:
· the student is enrolled in academic courses not otherwise available, or
· the student has obtained a physical education waiver for a semester because the student is actively involved in an athletic program.
Twelfth grade students may also be excused from physical education courses if the student is enrolled in a cooperative, work study or other educational program authorized by the school which requires the student's absence from school.
Students who will not participate in physical education must have a written request or statement from their parents.
Legal Reference: Iowa Code § 256.11 (2001).
281 I.A.C. 12.5.
Cross Reference: 504 Student Activities
603 Instructional Curriculum
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03
603.7 - Career Education
603.7 - Career EducationPreparing students for careers is one goal of the education program. Career education will be written into the education program for grades kindergarten through twelve. This education will include, but not be limited to, awareness of self in relation to others and the needs of society, exploration of employment opportunities, experiences in personal decision-making, and experiences of integrating work values and work skills into their lives.
It is the responsibility of the superintendent to assist licensed employees in finding ways to provide career education in the education program. Special attention should be given to courses of vocational education nature. The board, in its review of the curriculum, will review the means in which career education is combined with other instructional programs.
Legal Reference: Iowa Code §§ 256.11, .11A; 280.9 (2001).
281 I.A.C. 12.5(7).
Cross Reference: 603 Instructional Curriculum
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03
603.8 - Teaching About Religion
603.8 - Teaching About ReligionThe school district is required to keep the practice of religion out of the school curriculum. The board recognizes the key role religion has played in the history of the world and authorizes the study of religious history and traditions as part of the curriculum. Preferential or derogatory treatment of a single religion will not take place.
It is the responsibility of the superintendent to ensure the study of religion in the schools in keeping with the following guidelines:
· the proposed activity must have a secular purpose;
· the primary objective of the activity must not be one that advances or inhibits religion; and
· the activity must not foster excessive governmental entanglement with religion.
Legal Reference: U.S. Const. amend. I.
Lee v. Weisman. 112 S.Ct. 2649 (1992).
Lemon v. Kurtzman, 403 U.S. 602 (1971).
Graham v. Central Community School District of Decatur County, 608 F.Supp. 531 (S.D. Iowa 1985).
Iowa Code §§ 279.8; 280.6 (2001).
Cross Reference: 603 Instructional Curriculum
604.6 Religious-Based Exclusion from a School Program
606.4 School Ceremonies and Observances
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03
603.8R1 - Teaching About Religion Regulation - Religious Holidays
603.8R1 - Teaching About Religion Regulation - Religious HolidaysThe historical and contemporary significance of religious holidays may be included in the education program provided that the instruction is presented in an unbiased and objective manner. The selection of holidays to be studied will take into account major celebrations of several world religions, not just those of a single religion. Holiday-related activities will be educationally sound and sensitive to religious differences and will be selected carefully to avoid the excessive or unproductive use of school time. Teachers will be especially careful in planning activities that are to take place immediately preceding or on a religious holiday.
Music, art, literature and drama having religious themes (including traditional carols, seasonal songs and classical music) will be permitted if presented in an objective manner without sectarian indoctrination. The emphasis on religious themes is only as extensive as necessary for a balanced and comprehensive study or presentation. Religious content included in student performances is selected on the basis of its independent educational merit and will seek to give exposure to a variety of religious customs, beliefs and forms of expression. Holiday programs, parties or performances will not become religious celebrations or be used as a forum for religious worship, such as the devotional reading of sacred writings or the recitations of prayers.
The use of religious symbols (e.g. a cross, menorah, crescent, Star of David, lotus blossom, nativity scene or other symbol that is part of a religious ceremony) are permitted as a teaching aid, but only when such symbols are used temporarily and objectively to give information about a heritage associated with a particular religion. The Christmas tree, Santa Claus, Easter eggs, Easter bunnies and Halloween decorations are secular, seasonal symbols and as such can be displayed in a seasonal context.
Expressions of belief or non-belief initiated by individual students is permitted in composition, art forms, music, speech and debate. However, teachers may not require projects or activities which are indoctrinational or force students to contradict their personal religious beliefs or non-beliefs.
603.9 - Academic Freedom
603.9 - Academic FreedomThe board believes students should have an opportunity to reach their own decisions and beliefs about conflicting points of view. Academic freedom is the opportunity of licensed employees and students to study, investigate, present, interpret, and discuss facts and ideas relevant to the subject matter of the classroom and appropriate to and in good taste with the maturity and intellectual and emotional capacities of the students.
It is the responsibility of the teacher to refrain from advocating partisan causes, sectarian religious views, or biased positions in the classroom or through teaching methods. Teachers are not discouraged from expressing personal opinions as long as students are aware it is a personal opinion and students are allowed to reach their own conclusions independently.
It is the responsibility of the principal to ensure academic freedom is allowed but not abused in the classroom.
Legal Reference: Iowa Code §§ 279.8; 280.3, .6 (2001).
Cross Reference: 502 Student Rights and Responsibilities
603 Instructional Curriculum
904.5 Distribution of Materials
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03
603.9R1 - Teaching Controversial Issues
603.9R1 - Teaching Controversial IssuesA "controversial issue" is a topic of significant academic inquiry about which substantial groups of citizens of this community, this state or this nation hold sincere, conflicting points of view.
It is the belief of the board that controversial issues should be fairly presented in a spirit of honest academic freedom so that students may recognize the validity of other points of view but can also learn to formulate their own opinions based upon dispassionate, objective, unbiased study and discussion of the facts related to the controversy.
It is the responsibility of the instructor to present full and fair opportunity and means for students to study, consider and discuss all sides of controversial issues including, but not limited to, political philosophies.
It is the responsibility of the instructor to protect the right of the student to study pertinent controversial issues within the limits of good taste and to allow the student to express personal opinions without jeopardizing the student's relationship with the teacher.
It is the responsibility of the teacher to refrain from advocating partisan causes, sectarian religious views, or selfish propaganda of any kind through any classroom or school device; however, an instructor will not be prohibited from expressing a personal opinion as long as students are encouraged to reach their own decisions independently.
The board encourages full discussion of controversial issues in a spirit of academic freedom that shows students that they have the right to disagree with the opinions of others but that they also have the responsibility to base the disagreement on facts and to respect the right of others to hold conflicting opinions.
603.10 - Global Education
603.10 - Global EducationBecause of our growing interdependence with other nations in the world, global education is incorporated into the education program for grades kindergarten through twelve so that students have the opportunity to acquire a perspective on world issues, problems, and prospects for an awareness of the relationship between an individual's self-interest and the concerns of people elsewhere in the world.
Legal Reference: Iowa Code §§ 256.11, .11A (2001).
281 I.A.C. 12.5(11).
Cross Reference: 602 Curriculum Development
603 Instructional Curriculum
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03
603.11 - Citizenship
603.11 - CitizenshipBeing a citizen of the United States, of Iowa and of the school district community entitles students to special privileges and protections as well as requiring the students to assume civic, economic and social responsibilities and to participate in their country, state and school district community in a manner that entitles them to keep these rights and privileges.
As part of the education program, students will have an opportunity to learn about their rights, privileges, and responsibilities as citizens of this country, state and school district community. As part of this learning opportunity students are instructed in the elements of good citizenship and the role quality citizens play in their country, state and school district community.
Legal Reference: Iowa Code §§ 256.11, .11A (2001).
281 I.A.C. 12.3(8).
Cross Reference: 101 Educational Philosophy of the School District
502 Student Rights and Responsibilities
503 Student Discipline
Approved 05-19-03
Reviewed 11-17-08; 02-21-12; 05-11-16
Revised
604 - Alternative Programs
604 - Alternative Programs dawn.gibson.cm… Fri, 08/25/2023 - 15:06604.1 - Competent Private Instruction
604.1 - Competent Private InstructionIn the event a child of compulsory attendance age, over age six and under age sixteen, does not attend public school or an accredited nonpublic school the child must receive competent private instruction.
A parent choosing competent private instruction for a student must notify the school district prior to the first day of school on forms provided by the school district. The forms are available in the central administration office. One copy of the completed forms will be kept by the school district and another copy will be forwarded to the area education agency.
The superintendent will determine whether the completed form is in compliance with the law. Specifically, the superintendent will determine whether the individual providing the instruction is either the student’s parent, guardian, legal custodian or an Iowa licensed practitioner; whether the licensed practitioner’s license is appropriate for the age and grade level of the student; that the student is being instructed a minimum of one hundred and forty-eight days per year; that immunization evidence is provided for students placed under competent private instruction for the first time and that the report is timely filed.
The school district will report noncompliance with the reporting, immunization, attendance, instructor qualifications, and assessment requirements of the compulsory attendance law to the county attorney of the county of residence of the student’s parent, guardian or custodian.
Students receiving competent private instruction are eligible to request open enrollment to another school district. Prior to the request for open enrollment, the student will request dual enrollment in the resident district. The receiving district will not bill the resident district unless the receiving district complies with the reporting requirements. If the parent, guardian or custodian fails to comply with the compulsory attendance requirements, the receiving district will notify the resident district. The resident district will then report the noncompliance to the county attorney of the county of residence of the parent, guardian or custodian.
Students receiving competent private instruction from a parent, guardian or legal custodian must be evaluated annually by May 1 unless such person is properly licensed. The parent, guardian or legal custodian may choose either a standardized test approved by the Iowa Department of Education or a portfolio evaluation. If the parent, guardian or legal custodian chooses standardized testing and the student is dual enrolled, the school district will pay for the cost of the standardized test and the administration of the standardized test. If the student is not dual enrolled, the parent, guardian or legal custodian will reimburse the school district for the cost of the standardized test and the administration of the standardized test. If a parent, guardian or legal custodian of a student receiving competent private instruction chooses portfolio assessment as the means of annual assessment, the portfolio evaluator must be approved by the superintendent. Portfolio evaluators must hold a valid Iowa practitioner’s license or teacher certificate appropriate to the ages and grade levels of the children whose portfolios are being assessed. No annual evaluation is required for students receiving competent private instruction from an appropriately licensed or certified Iowa practitioner.
Upon the request of a parent, guardian or legal custodian of a student receiving competent private instruction or upon referral of a licensed practitioner who provides instruction or instructional supervision of a student under competent private instruction, the school district will refer a student who may require special education to the area education agency, Division of Special Education, for evaluation.
Students in competent private instruction must make adequate progress. Adequate progress includes scoring at the thirtieth percentile on a standardized test or a report by the portfolio evaluator indicating adequate progress. Students who fail to make adequate progress under competent private instruction provided by the student’s parent, guardian or legal custodian will attend an accredited public or nonpublic school beginning the next school year. The parent, guardian or legal custodian of a student who fails to make adequate progress may apply to the director of the Department of Education for approval of continued competent private instruction under a remediation plan.
The remediation plan is for no more than one year. Before the beginning of the school year, the student may be re-tested and if the student achieves adequate progress the student may remain in competent private instruction
Legal Reference: Iowa Code § 256.11; 279.10, .11; 299.1-.6, .11, .15, .24, 299A (2001).
281 I.A.C. 31.
Cross Reference: 501 Student Attendance
502 Student Rights and Responsibilities
503 Student Activities
507.1 Student Health and Immunization Certificates
604.8 Dual Enrollment
604.10 Dual Enrollment
Approved 01-15-90
Reviewed 11-18-91; 11-15-93; 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 12-16-91; 12-20-93; 05-19-03
604.1E - Competent Private Instruction Report
604.1E - Competent Private Instruction ReportCOMPETENT PRIVATE INSTRUCTION REPORT
IOWA CODE SECTION 299.4
________ - ________ SCHOOL YEAR
Required information: See instructions before completing.
The following information is required in accordance with Iowa Code section 299.4. Parent/Guardian must submit this report in duplicate to the school district of resident. This report is required if the student is between the ages of 6 and 16 by September 15 and does not attend an Iowa public or accredited nonpublic school or is not enrolled in a home school assistance program operated by an Iowa public or accredited nonpublic school. Return this form to the school district secretary by the first day of school or within 14 calendar days of removing the student from a public or accredited nonpublic school or 14 calendar days from moving into the school district.
(If you are enrolled in a home school assistance program please notify the district if you plan to dual enroll.)
Child and Family Information:
- Name and birth date of child under competent private instruction.
_
(Name) (Birth Date)
- Name and address of person filing report.
_ ___Parent ___Guardian ___Legal Custodian
Name)
_
(Address, City, Zip) Phone Number (optional)
- Immunization Information: If filing Form A for the 1st time, attach immunization information.
Instruction Program Information:
- Outline the course of study either in the space or on a separate page(s). Attach lesson plans on separate page(s).
Subject Text and Publisher or Author Time Spent
_
_
_
_
_
_
- List number of days of instruction under competent private instruction __________
(must be at least 148 days, Iowa code section 199A.1).
- If an Iowa licensed teacher will provide or supervise the parent, guardian or legal custodian in providing the instruction, give the teacher’s name and folder number.
_
(Name) (Teacher folder number)
_
(Address) (Teacher signature-optional)
(City/State/Zip) (Phone number-optional)
- If an Iowa licensed teacher is not providing instruction or supervising the parent, guardian, or legal custodian providing instruction the child must take an annual assessment unless the child is enrolled in an accredited correspondence school. To date the Iowa Department of Education is not aware of any accredited schools (Please see the acceptable annual assessments on page 14. The school district will notify parents by October 1st of testing dates.)
- If the child is currently identified as a child requiring special education prior approval must be sought from the special education director at the Area Education Agency if this is the first year that the child will be receiving Competent Private Instruction in Iowa. Iowa Code section 299A.9
The Following Information is Optional, however
If your child plans to participate in any academic or extracurricular activities at your local school district or to have your child’s annual assessment provided at no charge,
complete the following:
- Do you desire dual enrollment in the public school for the child under competent private instruction:
Yes __________ No __________ (If no, skip to #10.)
- Dual enrollment is desired for:
Academic _____ Extra-curricular activities _____ Testing _____ (Check all that apply)
- Grade Level for the ________ - ________ school year __________
- Subjects or Activities you wish your child to dual enroll in:
1st Semester 2nd Semester
_
- Do you desire to enroll in a Home School Assistance Program if offered? Yes _____ No _____
Deadline for dual enrollment and/or Home School Assistance Program is September 15, within 14 calendar days after moving to the district, or within 14 calendar days after removing the child from school.
Note: Due to the restrictions as to the number of students who may be served in a Home School Assistance Program, Timely filed requests may be denied if the program already serves 20 families or 40 students. 281-IAC 31.3(3)
604.2 - Individualized Instruction
604.2 - Individualized InstructionThe board's primary responsibility in the management of the school district is the operation and delivery of the regular education program. Generally, students attending the school district will receive the regular education program offered by the district. Only in exceptional circumstances will the board approve students receiving individualized instruction at the expense of the school district.
Recommendations from the superintendent for individualized instruction will state the need for the instruction, the objectives and goals sought for the instruction, the employee requirements for the instruction, the implementation procedures for the instruction and the evaluation procedures and processes that will be used to assess the value of the instruction.
It is the responsibility of the superintendent to develop administrative regulations for individualized instruction.
Legal Reference: Iowa Code §§ 256.11; 279.8, .10, .11; 280.3, .14; 299.1-.6, .11, .15, .24; 299A (2001).
Cross Reference: 501.12 Pregnant Students
604.1 Competent Private Instruction
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03
604.3 - Program for Talented and Gifted Students
604.3 - Program for Talented and Gifted StudentsThe board recognizes some students require programming beyond the regular education program. The board will identify students with special abilities and provide education programming.
It is the responsibility of the superintendent to develop a talented and gifted program which provides for identifying students, for program evaluation, and for training of employees.
Legal Reference: Iowa Code §§ 257.42-.49 (2001).
281 I.A.C. 12.5(12); 59.
Cross Reference: 505 Student Scholastic Achievement
604.7 Instruction at a Post-Secondary Educational Institution
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03
604.4 - Program for At-Risk Students
604.4 - Program for At-Risk StudentsThe board recognizes some students require additional assistance in order to graduate from the regular education program. The board will provide a plan to encourage and provide an opportunity for at-risk students to achieve their potential and obtain their high school diploma.
It is the responsibility of the superintendent to develop a plan for students at-risk which provides for identifying students, for program evaluation, and for the training of employees.
Legal Reference: Iowa Code §§ 257.38-.41; 280.19, .19A (2001).
281 I.A.C. 12.5(13); 33; 61; 65.
Cross Reference: 505 Student Scholastic Achievement
607.1 Student Guidance and Counseling Program
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03
604.5 - Religious-Based Exclusion from a School Program
604.5 - Religious-Based Exclusion from a School ProgramParents who wish to have their child excluded from a school program because of religious beliefs must inform the superintendent. The board authorizes the administration to allow the exclusion if it is not disruptive to the education program and it does not infringe on a compelling state or educational interest. Further, the exclusion must not interfere with other school district operations.
In notifying the superintendent, the parents will abide by the following:
· The notice is in writing;
· The objection is based on religious beliefs;
· The objection will state which activities or studies violate their religious beliefs;
· The objection will state why these activities or studies violate their religious beliefs; and
· The objection will state a proposed alternate activity or study.
The superintendent will have discretion to make this determination. The factors the superintendent will consider when a student requests to be excluded from a program or activity because of religious beliefs include, but are not limited to, staff available to supervise a student who wishes to be excluded, space to house the student while the student is excluded, available superintendent-approved alternative course of study or activity while the student is excluded, number of students who wish to be excluded, whether allowing the exclusion places the school in a position of supporting a particular religion, and whether the program or activity is required for promotion to the next grade level or for graduation.
Students who are allowed to be excluded from a program or activity which violates their religious beliefs are required to do an alternate supervised activity or study.
Legal Reference: U.S. Const. amend. I.
Lee v. Weisman, 112 S.Ct. 2649 (1992).
Lemon v. Kurtzman, 403 U.S. 602 (1971).
Graham v. Central Community School District of Decatur County, 608 F.Supp. 531 (S.D. Iowa 1985).
Iowa Code §§ 256.11(6); 279.8 (2001).
Cross Reference: 603 Instructional Curriculum
606.4 School Ceremonies and Observances
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03
604.6 - Instruction at a Post-Secondary Educational Institution
604.6 - Instruction at a Post-Secondary Educational InstitutionStudents in grades nine through twelve may receive academic or vocational-technical credits that count toward the graduation requirements set out by the board for courses successfully completed in post-secondary educational institutions. The student may receive academic or vocational-technical credits through an agreement between a post-secondary educational institution or with the board's approval on a case-by-case basis.
Students in grades nine through twelve who successfully complete courses in post-secondary educational institutions under an agreement between the school district and the post-secondary educational institution will receive academic and vocational-technical credits in accordance with the agreement.
Students who have completed the eleventh grade but who have not completed the graduation requirements set out by the board may take up to seven semester hours of credit at a post-secondary educational institution during the summer months when school is not in session if the student pays for the courses. Upon successful completion of these summer courses, the students will receive academic or vocational-technical credit toward the graduation requirements set out by the board. Successful completion of the course is determined by the post-secondary educational institution. The board will have complete discretion to determine the academic credit to be awarded to the student for the summer courses.
The following factors are considered in the board's determination of whether a student will receive academic or vocational-technical credit toward the graduation requirements set out by the board for a course at a post-secondary educational institution:
· the course is taken from a public or accredited private post-secondary educational institution;
· a comparable course is not offered in the school district. A comparable course is one in which the subject matter or the purposes and objectives of the course are similar, in the judgment of the board, to a course offered in the school district;
· the course is in the discipline areas of mathematics, science, social sciences, humanities, vocational-technical education, or a course offered in the community college career options program;
· the course is a credit-bearing course that leads to a degree;
· the course is not religious or sectarian; and
· the course meets any other requirements set out by the board.
Students in grades eleven and twelve who take courses, other than courses taken under an agreement between the school district and the post-secondary educational institution, are responsible for transportation without reimbursement to and from the location where the course is being offered.
Ninth and tenth grade talented and gifted students and all students in grades eleven and twelve will be reimbursed for tuition and other costs directly related to the course up to $250. Students who take courses during the summer months when school is not in session are responsible for the costs of attendance for the courses.
Students who fail the course and fail to receive credit will reimburse the school district for all costs directly related to the course. Prior to registering for the course, students under age eighteen will have a parent sign a form indicating that the parent is responsible for the costs of the course should the student fail the course and fail to receive credit for the course. Students who fail the course and fail to receive credit for the course for reasons beyond their control, including, but not limited to, the student's incapacity, death in the family or a move to another district, may not be responsible for the costs of the course. The school board may waive reimbursement of costs to the school district for the previously listed reasons. Students dissatisfied with a school board's decision may appeal to the AEA for a waiver of reimbursement.
The superintendent is responsible for annually notifying students and parents of the opportunity to take courses at post-secondary educational institutions in accordance with this policy. The superintendent will also be responsible for developing the appropriate forms and procedures for implementing this policy.
Legal Reference: Iowa Code §§ 256.11, .11A; 261C; 279.8; 280.3, .14 (2011).
281 I.A.C. 12, 22.
Cross Reference: 505 Student Scholastic Achievement
604.3 Program for Talented and Gifted Students
Approved 01-15-90
Reviewed 03-16-92; 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 04-20-92
604.7 - Dual Enrollment
604.7 - Dual EnrollmentThe parent, guardian, or custodian of a student receiving competent private instruction may also enroll the student in the school district. The student is considered under dual enrollment. The parent, guardian, or custodian requesting dual enrollment for the student should notify the board secretary prior to the third Friday of September each year on forms provided by the school district. On the form, they will indicate the extracurricular and academic activities in which the student is interested in participating. The forms are available at the central administration office.
A dual enrollment student is eligible to participate in the school district's extracurricular and academic activities in the same manner as other students enrolled in the school district. The policies and administrative rules of the school district will apply to the dual enrollment students in the same manner as the other students enrolled the school district. These policies and administrative rules will include, but not be limited to, athletic eligibility requirements, the good conduct rule, academic eligibility requirements, and payment of the fees required for participation.
A dual enrollment student whose parent, guardian, or custodian has chosen standardized testing as the form of the student's annual assessment will not be responsible for the cost of the test or the administration of the test.
The school district will notify the dual enrollment student of the extracurricular and academic activities in which the student wishes to participate.
It is the responsibility of the superintendent to develop administrative regulations regarding this policy.
Legal Reference: Iowa Code §§ 279.8, 299A (2001).
281 I.A.C. 31.
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
504 Student Activities
507 Student Health and Well-Being
604.1 Competent Private Instruction
604.10 Home School Assistance Program
Approved 12-16-91
Reviewed 11-15-93; 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 12-20-93; 04-19-03
604.8 - Foreign Students
604.8 - Foreign StudentsForeign students must meet all district entrance requirements including age, place of residence and immunization. Foreign students must be approved by the board. The board reserves the right to limit the number of foreign students accepted. Students who are citizens of a foreign country will be considered residents if they meet one of the following requirements:
· The student resides with his/her parents(s) or legal guardian;
· The student is in the United States with appropriate documentation (Form I-20) from the United States Department of Justice-Immigration and Naturalization Services; or
· The student is a participant in a recognized foreign exchange program; and
· The student is physically able to attend school and has provided the school district with such proof, including a current TB test.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 501 Student Attendance
507.1 Student Health and Immunization Certificates
Approved 05-19-03
Reviewed 11-17-08; 02-21-12; 05-11-16
Revised
604.9 - Home School Assistance Program
604.9 - Home School Assistance ProgramThe board, recognizing alternatives to education outside the formal public school system, authorizes the establishment of a home school assistance program. This program will assist students receiving competent private instruction by providing licensed employees of the school district to assist the parent, guardian or legal custodian in the education of the student.
The parent, guardian or legal custodian registering for the home school assistance program will agree to comply with the requirements established by the faculty of the program.
Students registered for the home school assistance program will be counted in the basic enrollment.
It is the responsibility of the superintendent to develop administrative regulations regarding this policy.
Legal Reference: Iowa Code §§ 279.8; 299A (2001).
281 I.A.C. 31.
Cross Reference: 504 Student Activities
507 Student Health and Well-Being
604.1 Competent Private Instruction
604.8 Dual Enrollment
Approved 05-19-03
Reviewed 11-17-08; 02-21-12; 05-11-16
Revised
604.10 - Virtual/Online Courses
604.10 - Virtual/Online CoursesThe board recognizes that on-line coursework may be a good alternative for students to not only meet graduation requirements but, also have the opportunity to take advanced or other courses not offered by the school district.
High school students may earn a maximum of _________ credits to be applied toward graduation requirements by completing on-line courses offered through agencies approved by the board, such as the Iowa On-Line Learning. Credit from an on-line or virtual course may be earned only in the following circumstances:
- The course is not offered at the high school;
- Although the course is offered at the high school, the student will not be able to take it due to an unavoidable scheduling conflict that would keep the student from meeting graduation requirements;
- The course will serve as a supplement to extend homebound instruction;
- The student has been expelled from the regular school setting, but educational services are to be continued; or
- The principal, with agreement from the student's teachers and parents, determines the student requires a differentiated or accelerated learning environment.
Students applying for permission to take a virtual course shall complete prerequisites and provide teacher/counselor recommendations to confirm the student possesses the maturity level needed to function effectively in an on-line learning environment. In addition, the express approval of the principal shall be obtained before a student enrolls in an on-line course. The school must receive an official record of the final grade before credit toward graduation will be recognized.
Provided courses are part of the student’s regular school day coursework and within budgetary parameters, the costs for a virtual course, such as textbooks or school supplies, shall be borne by the (pick one – school district, parents) for students enrolled full-time.
It is the responsibility of the superintendent to develop administrative regulations to implement this policy.
Legal Reference: Iowa Code § 279.8 (2005)
281 I.A.C. 15
Cross Reference: 605.6 Internet Appropriate Use
501.6 Student Transfers In
Approved 11-17-08
Reviewed 02-21-12; 05-11-16
Revised__________
605 - Instructional Materials
605 - Instructional Materials dawn.gibson.cm… Fri, 08/25/2023 - 14:36605.1 - Instructional Materials Selection
605.1 - Instructional Materials SelectionThe board has sole discretion to approve instructional materials for the school district. The board delegates this authority to licensed employees to determine which instructional materials, other than textbooks, will be utilized by the school district. The Superintendent will provide licensed employees necessary training to ensure selected instructional materials comply with applicable laws. All instructional materials are available for review upon request and subject to all applicable laws.
In reviewing current instructional materials for continued use and in selecting additional instructional materials, licensed employees will consider the current and future needs of the school district as well as the changes and the trends in education and society. It is the responsibility of the superintendent to report to the board the action taken by licensed employees.
In the case of textbooks, the board will make the final decision after receiving a recommendation from the superintendent. The criteria stated above for selection of other instructional materials will apply to the selection of textbooks. The superintendent may develop another means for the selection of textbooks. Textbooks are reviewed as needed and at least every 5 years.
Education materials gifted to the school district must meet the criteria established above. The gift must be received in compliance with board policy.
The superintendent will establish additional criteria to guide the selection of instructional materials through administrative regulation, ensuring alignment with educational goals and compliance with laws.
NOTE: This is a mandatory policy, but the content is discretionary. The board may edit the policy and regulation to reflect its philosophy, goals and practices.
Legal Reference: Iowa Code §§ 279.8; 280.3, .14; 301 (2001).
Cross Reference: 209.1 Ad Hoc Committees
505 Student Scholastic Achievement
602 Curriculum Development
605 Instructional Materials
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03; 12-15-08; 02-08-23
605.1R1 - Selection of Instructional Materials Regulation
605.1R1 - Selection of Instructional Materials RegulationI. Responsibility for Selection of Instructional Materials
A. The Board is responsible for matters relating to the operation of the Gilmore City-Bradgate Community School District.
B. The responsibility for the selection of instructional materials is delegated to the professionally trained and licensed employees of the school system. For the purpose of this rule the term "instructional materials" includes printed and multimedia materials (not equipment), whether considered text materials or library materials. The board retains the final authority for the approval of textbooks.
C. While selection of materials may involve many people including principals, teachers, students, parents and community members, the responsibility for coordinating the selection of most instructional materials and making the recommendation for the purchase rests with licensed employees.
D. Responsibility for coordinating the selection of text materials for distribution to classes will rest with the licensed employees, principal and superintendent. For the purpose of this rule the term 'text materials' includes textbooks and other printed and nonprinted material provided in multiple copies for use of a total class or major segment of a class.
E. If the board appoints an ad hoc committee to make recommendations on the selection of instructional materials, the ad hoc committee is formed and appointed in compliance with the board policy on Ad Hoc Committees.
1. The superintendent will inform the committee as to their role and responsibility in the process.
2. The following statement is given to the ad hoc committee members:
Bear in mind the principles of the freedom to learn and to read and base your decision on these broad principles rather than on defense of
individual materials. Freedom of inquiry is vital to education in a democracy.
Study thoroughly all materials referred to you and read available reviews. The general acceptance of the materials should be checked by consulting standard evaluation aids and local holdings in other schools.
Passages or parts should not be pulled out of context. The values and faults should be weighed against each other and the opinions based on the material as a whole.
Your report, presenting both majority and minority opinions, will be presented by the principal to the complainant at the conclusion of our discussion of the questioned material.
II. Material selected for use in libraries and classrooms will meet the following guidelines:
A. Religion - Material will represent the major religions in a factual, unbiased manner. The primary source material of the major religions is considered appropriate, but material which advocates rather than informs, or is designed to sway reader judgment regarding religion, will not be included in the school libraries or classrooms.
B. Racism - Material will present a diversity of race, custom, culture, and belief as a positive aspect of the nation's heritage and give candid treatment to unresolved intercultural problems, including those which involve prejudice, discrimination, and the undesirable consequences of withholding rights, freedom, or respect of an individual.
C. Sexism - Material will reflect a sensitivity to the needs, rights, traits and aspirations of men and women without preference or bias.
D. Age - Material will recognize the diverse contributions of various age groups and portray the continuing contributions of maturing members of society.
E. Ideology - Material will present basic primary and factual information on an ideology or philosophy of government which exerts or has exerted a strong force, either favorably or unfavorably, over civilization or society, past or present. This material will not be selected with the intention to sway reader judgment and is related to the maturity level of the intended audience.
F. Profanity and Sex - Material is subjected to a test of literary merit and reality by the teacher-librarian and licensed staff who will take into consideration their reading of public and community standards of morality.
G. Controversial issues materials will be directed toward maintaining a balanced collection representing various views.
The selection decision should be made on the basis of whether the material presents an accurate representation of society and culture, whether the circumstances depicted are realistically portrayed, or whether the material has literary or social value when the material is viewed as a whole.
These guidelines will not be construed in such a manner as to preclude materials which accurately represent the customs, morals, manners, culture, or society of a different time or a different place.
III. Procedure for Selection
A. Material purchased for libraries and classrooms is recommended for purchase by licensed employees, in consultation with administrative staff, school library staff, students or an ad hoc committee as appointed by the board. The material recommended for purchase is approved by the appropriate building administrator.
1. The materials selected will support stated objectives and goals of the school district. Specifically, the goals are:
a. To acquire materials and provide service consistent with the demands of the curriculum;
b. To develop students' skills and resourcefulness in the use of libraries and learning resources;
c. To effectively guide and counsel students in the selection and use of materials and libraries;
d. To foster in students a wide range of significant interests;
e. To provide opportunities for aesthetic experiences and development of an appreciation of the fine arts;
f. To provide materials to motivate students to examine their own attitudes and behaviors and to comprehend their own
duties and responsibilities as citizens in a pluralistic democracy;
g. To encourage life-long education through the use of the library; and,
h. To work cooperatively and constructively with the instructional and administrative staff in the school.
2. Materials selected is consistent with stated principles of selection. These principles are:
a. To select material, within established standards, which will meet the goals and objectives of the school district;
b. To consider the educational characteristics of the community in the selection of materials within a given category;
c. To present the sexual, racial, religious and ethnic groups in the community by:
1. Portraying people, both men and women, adults and children, whatever their ethnic, religious or social class
identity, as human and recognizable, displaying a familiar range of emotions, both negative and positive.
2. Placing no constraints on individual aspirations and opportunity.
3. Giving comprehensive, accurate, and balanced representation to minority groups and women - in art and science,
history and literature, and in all other fields of life and culture.
4. Providing abundant recognition of minority groups and women by showing them frequently in positions of
leadership and authority.
d. To intelligently, quickly, and effectively anticipate and meet needs through awareness of subjects of local, national and
international interest and significance; and,
e. To strive for impartiality in the selection process.
3. The materials selected will meet stated selection criteria. These criteria are:
a. Authority-Author's qualifications - education, experience, and previously published works;
b. Reliability:
1. Accuracy-meaningful organization and emphasis on content, meets the material's goals and objectives, and
presents authoritative and realistic factual material.
2. Current-presentation of content which is consistent with the finding of recent and authoritative research.
c. Treatment of subject-shows an objective reflection for the multi-ethnic character and cultural diversity of society.
d. Language:
1. Vocabulary:
a. Does not indicate bias by the use of words which may result in negative value judgments about
groups of people;
b. Does not use "man" or similar limiting word usage in generalization or ambiguities which may
cause women to feel excluded or dehumanized.
2. Compatible to the reading level of the student for whom it is intended.
e. Format:
1. Book
a. Adequate and accurate index;
b. Paper of good quality and color;
c. Print adequate and well spaced;
d. Adequate margins;
e. Firmly bound; and,
f. Cost.
2. Nonbook
a. Flexibility, adaptability;
b. Curricular orientation of significant interest to students;
c. Appropriate for audience;
d. Accurate authoritative presentation;
e. Good production qualities (fidelity, aesthetically adequate);
f. Durability; and,
g. Cost.
3. Illustrations of book and nonbook materials should:
a. Depict instances of fully integrated grouping and settings to indicate equal status and
nonsegregated social relationships.
b. Make clearly apparent the identity of minorities;
c. Contain pertinent and effective illustrations;
4. Flexible to enable the teacher to use parts at a time and not follow a comprehensive instructional program on a
rigid frame of reference.
f. Special Features:
1. Bibliographies.
2. Glossary.
3. Current charts, maps, etc.
4. Visual aids.
5. Index.
6. Special activities to stimulate and challenge students.
7. Provide a variety of learning skills.
g. Potential use:
1. Will it meet the requirement of reference work?
2. Will it help students with personal problems and adjustments?
3. Will it serve as a source of information for teachers and librarians?
4. Does it offer an understanding of cultures other than the student's own and is it free of racial, religious, age,
disability, ethnic, and sexual stereotypes?
5. Will it expand students' sphere of understanding and help them to understand the ideas and beliefs of others?
6. Will it help students and teachers keep abreast of and understand current events?
7. Will it foster and develop hobbies and special interest?
8. Will it help develop aesthetic tastes and appreciation?
9. Will it serve the needs of students with special problems?
10. Does it inspire learning?
11. Is it relevant to the subject?
12. Will it stimulate a student's interest?
4. Gifts of library or instructional materials may be accepted if the gift meets existing criteria for library and instructional materials. The acceptance and placement of such gifts is within the discretion of the board.
5. In order to provide a current, highly usable collection of materials, teacher-librarians will ensure constant and continuing renewal of the collection, not only the addition of up-to-date materials, but by the judicious elimination of materials which no longer meet school district needs or find use. The process of weeding instructional materials will be done according to established and accepted standards for determining the relevance and value of materials in a given context.
605.2 - Instructional Materials Inspection
605.2 - Instructional Materials InspectionParents and other members of the school district community may view the instructional and library materials used by the students. All instructional materials, including teacher's manuals, films, tapes or other supplementary material which will be used in connection with any survey, analysis, or evaluation as part of any federally funded programs must be available for inspection by parents.
Instructional and library materials must be viewed on school district premises.
Parents and guardians of students will be provided view-only access to select instructional materials through the district’s classroom management software. Select instructional and library materials include:
- A catalog of books available in the school library;
- Electronic textbooks and core materials that are written and published primarily for use in elementary and secondary school instruction, and are required by the classroom teacher for use by students;
- Relevant portions of required printed textbooks and materials, if it is practical for district staff to digitize and upload;
- Any other materials as determined by the classroom teacher.
In determining what materials should be posted on the district’s classroom management software platform, the district will balance the desire for transparency with the time constraints of existing job duties and demands of employees. Parents and guardians should be advised that while district employees strive to keep information current, the most up to date materials are available upon request and subject to all applicable laws.
It is the responsibility of the superintendent to develop administrative regulations regarding the inspection of instructional materials.
NOTE: The federally funded programs portion of this policy is mandatory pand reflects federal law on the subject of parental rights to inspect instructional materials. The language related to viewing materials through either district premises or use of the classroom management software platform is optional language that allows for greater transparency for districts. It is not required by law but is intended to be used in districts that utilize online classroom management software and choose to make an online catalog of instructional materials visible to parents/guardians. Not all districts may have online classroom software capable of this feature.
Legal Reference: Goals 2000: Educate America Act, Pub. L. No. 103-227, 108 Stat. 125 (1994).
Iowa Code §§ 279.8; 280.3, .14; 301 (2001).
Cross Reference: 602 Curriculum Development
605 Instructional Materials
901.1 Public Examination of School District Records
Approved 01-15-90
Reviewed 09-19-94; 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 10-17-94; 05-19-03; 02-08-23
605.3 - Objection to Instructional Materials
605.3 - Objection to Instructional MaterialsMembers of the school district community may object to the instructional and library materials utilized in the school district and ask for their use to be reconsidered.
It is the responsibility of the superintendent, in conjunction with the principals, to develop administrative regulations for reconsideration of instructional materials.
[Parents or guardians of students enrolled in the district have the ability to request that their student not be able to check out certain library materials.]
NOTE: This is a mandatory policy, but the language related to checking out materials is optional for districts. The board may edit the policy and regulation to reflect its philosophy, goals and practices.
Legal Reference: Iowa Code §§ 279.8; 280.3, .14; 301 (2001).
Cross Reference: 215 Public Participation in Board Meetings
402.5 Public Complaints About Employees
602 Curriculum Development
605 Instructional Materials
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03; 12-15-08; 03-29-23
605.3E1 - Instructions to the Reconsideration Committee
605.3E1 - Instructions to the Reconsideration CommitteeThe policy of this school district related to selection of learning materials states that any resident of the district may formally challenge instructional materials used in the district's education program. This policy allows those persons in the school and the community who are not directly involved in the selection of materials to make their own opinions known. The task of the reconsideration committee is to provide an open forum for discussion of challenged materials and to make an informed recommendation on the challenge. The meetings of the committee may be subject to the open meetings law.
The most critical component of the reconsideration process is the establishment and maintenance of the committee's credibility in the community. For this purpose, the committee is composed of community members. The community should not, therefore, infer that the Committee is biased or is obligated to uphold prior professional decisions. For this same reason, a community member will be selected to chair the committee.
The reconsideration process, the task of this committee, is just one part of the selection continuum. Material is purchased to meet a need. It is reviewed and examined, if possible, prior to purchase. It is periodically re-evaluated through updating, discarding, or re-examination. The committee must be ready to acknowledge that an error in selection may have been made despite this process. Librarians and school employees regularly read great numbers of reviews in the selection process, and occasional errors are possible.
In reconsidering challenged materials, the role of the committee, and particularly the chairperson, is to produce a climate for disagreement. The committee should begin by finding items of agreement, keeping in mind that the larger the group participating, the greater the amount of information available and, therefore, the greater the number of possible approaches to the problem.
If the complainant chooses, the complainant may make an oral presentation to the committee to expand and elaborate on the complaint. The committee will listen to the complainant, to those with special knowledge, and any other interested persons. In these discussions, the committee should be aware of relevant social pressures which are affecting the situation. Individuals who may try to dominate or impose a decision must not be allowed to do so. Minority viewpoints expressed by groups or individuals must be heard, and observers must be made to feel welcome. It is important that the committee create a calm, nonvolatile environment in which to deal with a potentially volatile situation. To this end, the complainant will be kept informed of the progress of the complaint.
The committee will listen to the views of all interested persons before making recommendations. In deliberating its recommendation, the committee should remember that the school system must be responsive to the needs, tastes, and opinions of the community it serves. Therefore, the committee must distinguish between broad community sentiment and attempts to impose personal standards. The deliberations should concentrate on the appropriateness of the material. The question to be answered by the committee is, "Is the material appropriate for its designated audience at this time?"
The committee's final recommendation will be (1) to remove the challenged material from the total school environment, (2) to take no removal action, or (3) to agree on a limitation of the educational use of the materials.
The committee chairperson will instruct the secretary to convey the committee's recommendation to the office of the superintendent. The recommendation should detail the rationale on which it was based. A letter will be sent to the complainant outlining the outcome.
605.3E2 - Reconsideration of Instructional and Library Materials Request Form
605.3E2 - Reconsideration of Instructional and Library Materials Request FormSee attached form.
605.3E3 - Sample Letter to Individual Challenging Instructional Materials
605.3E3 - Sample Letter to Individual Challenging Instructional MaterialsDear:
We recognize your concern about the use of in our school district. The school district has developed procedures for selection of instructional materials but realizes that not everyone will agree with every selection made.
To help you understand the selection process, we are sending copies of the school district's:
1. Instructional goals and objectives,
2. Instructional Materials Selection policy statement, and
3. Procedure for reconsideration of instructional materials.
If you are still concerned after you review this material, please complete the Reconsideration Request Form and return it to me. You may be assured of prompt attention to your request. If I have not heard from you within one week, we will assume you no longer wish to file a formal complaint.
Sincerely,
605.3R1 - Reconsideration of Instructional and Library Materials Regulation
605.3R1 - Reconsideration of Instructional and Library Materials RegulationA. A resident of the school district may raise an objection to instructional materials used in the school district's education program despite the fact that the individuals selecting such material were duly qualified to make the selection and followed the proper procedure and observed the criteria for selecting such material.
1. The school official or employee receiving a complaint regarding instructional materials will try to resolve the issue informally. The materials generally will remain in use pending the outcome of the reconsideration procedure.
a. The school official or employee initially receiving a complaint will explain to the individual the board's selection procedure, criteria to be met by the instructional materials, and qualifications of those persons selecting the material.
b. The school official or employee initially receiving a complaint will explain to the individual the role of the objected material in the education program, its intended educational purpose, and additional information regarding its use. In the alternative, the employee may refer the individual to the teacher-librarian who can identify and explain the use of the material.
2. The employee receiving the initial complaint will advise the building principal of the initial contact no later than the end of the school day following the discussion with the individual, whether or not the individual has been satisfied by the initial contact. A written record of the contact is maintained by the principal in charge of the attendance center. Each building principal shall inform employees of their obligation to report complaints.
3. In the event the individual making an objection to instructional materials is not satisfied with the initial explanation, the individual is referred to the principal or to the teacher-librarian of the attendance center. If, after consultation with the principal or me teacher-librarian, the individual desires to file a formal complaint, the principal or media specialist will assist in filling out a Reconsideration Request Form in full and filing it with the superintendent.
B. Request for Reconsideration
1. A resident of the school district may formally challenge instructional materials on the basis of appropriateness used in the school district's education program. This procedure is for the purpose of considering the opinions of those persons in the school district and the community who are not directly involved in the selection process.
2. Each attendance center and the school district's central administrative office will keep on hand and make available Reconsideration Request Forms. Formal objections to instructional materials must be made on this form.
3. The individual will state the specific reason the instructional material is being challenged. The Reconsideration Request Form is signed by the individual and filed with the superintendent.
4. The superintendent will promptly file the objection with the reconsideration committee for re-evaluation.
5. Generally, access to challenged instructional material will not be restricted during the reconsideration process. However, in unusual circumstances, the instructional material may be removed temporarily by following the provisions of Section B.6.d. of this rule.
6. The Reconsideration Committee
a. The reconsideration committee is made up of eight members.
(1) One licensed employee designated annually by the superintendent.
(2) One teacher-librarian designated annually by the superintendent.
(3) One member of the administrative team designated annually by the superintendent.
(4) Three members of the community appointed annually by the board.
(5) Two high school students, selected annually by the high school principal.
b. The committee will select their chairperson and secretary.
c. The committee will meet at the request of the superintendent.
d. Special meetings may be called by the board to consider temporary removal of materials in unusual circumstances. Temporary removal will require a two-thirds vote of the committee.
e. Notice of committee meetings is made public through appropriate publications and other communications methods.
f. The committee will receive the completed Reconsideration Request Form from the superintendent.
g. The committee will determine its agenda for the first meeting which may include the following:
(1) Distribution of copies of the completed Reconsideration Request Form.
(2) An opportunity for the individual or a group spokesperson to talk about or expand on the Reconsideration Request Form.
(3) Distribution of reputable, professionally prepared reviews of the challenged instructional material if available.
(4) Distribution of copies of the challenged instructional material as available.
h. The committee may review the selection process for the challenged instructional material and may, to its satisfaction, determine that the challenge is without merit and dismiss the challenge. The committee will notify the individual and the superintendent of its action.
i. At a subsequent meeting, if held, interested persons, including the individual filing the challenge, may have the opportunity to share their views. The committee may request that individuals with special knowledge be present to give information to the committee.
j. The individual filing the challenge is kept informed by the reconsideration committee secretary on the status of the Reconsideration Request Form throughout the reconsideration process. The individual filing the challenge and known interested parties is given appropriate notice of meetings.
k. At the second or a subsequent meeting the committee will make its final recommendation. The committee's final recommendation may be to take no removal action, to remove the challenged material from the school environment, or to limit the educational use of the challenged material. The sole criterion for the final recommendation is the appropriateness of the material for its intended educational use. The written final recommendation and its justification are forwarded to the board, the individual and the appropriate attendance centers. The superintendent may also make a recommendation but if so, it should be independent from the committee’s.
Following the superintendent’s decision with respect to the committee's recommendation, the individual or the chairperson of the reconsideration committee may appeal the decision to the board for review. Such appeal must be presented to the superintendent in writing within five days following the announcement of the superintendent's decision. The board will promptly determine whether to hear the appeal.
l. A recommendation to sustain a challenge will not be interpreted as a judgment of irresponsibility on the part of the individuals involved in the original selection or use of the material.
m. Requests to reconsider materials which have previously been reconsidered by the committee must receive approval of two-thirds of the committee members before the materials will again be reconsidered.
n. If necessary or appropriate in the judgment of the committee, the committee may appoint a subcommittee of members or nonmembers to consolidate challenges and to make recommendations to the full committee. The composition of this subcommittee will approximate the representation of the full committee.
o. Committee members directly associated with the selection, use, or challenger of the challenged material are excused from the committee during the deliberation of the challenged instructional materials. The superintendent may appoint a temporary replacement for the excused committee member, but the replacement is of the same general qualifications as the member excused.
p. Persons dissatisfied with the decision of the board may appeal to the Iowa Board of Education pursuant to state law.
605.4 - Technology and Instructional Materials
605.4 - Technology and Instructional MaterialsThe board supports the use of innovative methods and the use of technology in the delivery of the education program. The board encourages employees to investigate economical ways to utilize multi-media, computers, electronic devices and other technologies as a part of the curriculum.
It is the responsibility of the superintendent to develop a plan for the use of technology in the curriculum and to evaluate it annually. The superintendent will report the results of the evaluation and make a recommendation to the board annually regarding the use of technology in the curriculum.
NOTE: This is a mandatory policy and reflects the educational standards.
Legal Reference: Iowa Code § 279.8 (2001).
281 I.A.C. 12.5(10), .5(22).
Cross Reference: 217.4 Board of Directors and Area Education Agency
602 Curriculum Development
605 Instructional Materials
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03; 12-15-08; 04-19-23
605.5 - School Library
605.5 - School LibraryThe school district will maintain a school library in each building for use by employees and by students during the school day.
Materials for the libraries will be acquired according to board policy, "Instructional Materials Selection." Any challenges to library materials will be handled following the process for handling challenges to instructional and library materials as established in board policy.
It is the responsibility of the principal of the building in which the school library is located to oversee the use of materials in the library.
It is the responsibility of the superintendent to develop procedures for the selection and replacement of both library and instructional materials.
Legal Reference: Iowa Code §§ 256.7(24); 279.8; 280.14; 301 (2001).
281 I.A.C. 12.3(11).
Cross Reference: 602 Curriculum Development
605 Instructional Materials
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03; 12-15-08; 04-19-23
605.6 - Internet - Appropriate Use
605.6 - Internet - Appropriate UseBecause technology is a vital part of the school district curriculum and the Internet will be made available to employees and students. Appropriate and equitable use of the Internet will allow employees and students to access resources unavailable through traditional means.
Students will be able to access the Internet through their teachers. Individual student accounts and electronic mail addresses may be issued to students. If a student already has an electronic mail address, the student may, at the discretion of the administration and the supervising teacher, be permitted to use the address to send and receive mail at school.
The Internet can provide a vast collection of educational resources for students and employees. It is a global network which makes it impossible to control all available information. Because information appears, disappears and changes constantly, it is not possible to predict or control what students may locate. The school district makes no guarantees as to the accuracy of information received on the Internet. Although students will be under teacher supervision while on the network, it is not possible to constantly monitor individual students and what they are accessing on the network. Some students might encounter information that may not be of educational value. Student Internet records and access records are confidential records treated like other student records. Students’ Internet activities will be monitored by the school district to ensure students are not accessing inappropriate sites that have visual depictions that include obscenity, child pornography or are harmful to minors. The school district will use technology protection measures to protect students from inappropriate access, including sites that include obscenity, child pornography or are harmful to minors.
The school district will monitor the online activities of students and will educate students about appropriate online behavior, including interacting on social networking sites and chat rooms. Students will also be educated on cyberbullying, including awareness and response. Employees will provide age appropriate training for students who use the Internet. The training provided will be designed to promote the school district’s commitment to:
- The standards and acceptable use of Internet services as set forth in the Internet Safety Policy;
- Student safety with regard to:
- safety on the Internet;
- appropriate behavior while on online, on social networking Web sites, and
- in chat rooms; and
- cyberbullying awareness and response.
- Compliance with the E-rate requirements of the Children’s Internet Protection Act
Employees and students will be instructed on the appropriate use of the Internet. Parents will be required to sign a permission form to allow their students to access the Internet. Students will sign a form acknowledging they have read and understand the Internet Acceptable Use policy and regulations, that they will comply with the policy and regulations and understand the consequences for violation of the policy or regulations.
In compliance with federal law, this policy will be maintained at least five years beyond the termination of funding under the Children’s Internet Protection Act (CIPA) or E-rate.
Legal References: Iowa Code § 279.8 (2001).
Cross References: 502 Student Rights and Responsibilities
506 Student Records
605.5 Media Centers
Approved 01-15-96
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-24-12; 05-11-16
Revised 05-19-03; 03-19-12; 06-20-12
605.6E1 - Internet Access Permission Letter to Parents
605.6E1 - Internet Access Permission Letter to ParentsThe Gilmore City-Bradgate School would like to offer your student access to the electronic means of communication known as the Internet. The Internet is a collection of more than 20,000 interconnected computer networks. The vast domain of information contained within internet’s libraries can provide unlimited opportunities to students.
Students will be able to access the Internet through their teacher’s accounts, class accounts and individual accounts. When E-Mail is made available, individual student accounts and electronic mail addresses may, at the discretion of the administration and the supervising teacher, be issued to students. If a student already has an electronic mail address, he/she may, at the discretion of the administration and the supervising teacher, be permitted to use the address to send and receive mail at school.
Students will be expected to abide by the following network etiquette:
· The use of the network is a privilege and may be taken away for violation of board policy or regulations. As a user of the Internet, students may be allowed access to other networks. Each network may have its own set of policies and procedures. Students will abide by the polices and procedures of these other networks.
· Students will respect all copyright and license agreements.
· Students will cite all quotes, references, and sources.
· Students will only remain on the system long enough to get needed information.
· Students will apply the same privacy, ethical and educational considerations utilized in other forms of communication.
· Student access for electronic mail will be through their own account, established at the discretion of the administration and the supervising teacher. Remember, electronic mail is not private; never send private or confidential material through E-Mail. Students should adhere to the following guidelines:
- Others may be able to read or access the mail, so private messages should not be sent.
- Delete unwanted messages immediately.
- Use of vulgar, obscene, abusive or other objectionable language is prohibited.
- Always sign your name to messages.
- Always acknowledge receipt of a document or file.
- Mailing lists of any type may not be subscribed to unless permission is received in advance from the supervising teacher or the administration.
- Students accessing Internet services that have a cost involved will be responsible for payment of those costs.
The Internet can provide a vast collection of educational resources for students. It is global, making it impossible to control all information available. Because information appears, disappears, and changes constantly, it is not possible to predict or control what students may locate. Although students will often be under staff supervision while on the network, it is not possible to always monitor individual
students and what they are accessing on the network. Consequently, some students might encounter information that may not be of educational value to them.
Please determine whether you would like your child to be granted Internet access while a student in the Gilmore City-Bradgate School and return the permission form to the principal’s office in your student’s school.
(Remove and return the bottom portion of this notice)
Student Name |
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I give permission for my student to be granted Internet access while a student at:____________________________________ (school). I have read the policies and procedures set forth by the school boards of the Gilmore City-Bradgate School and agree to abide by these provisions. I understand that any violation of the provisions will result in the appropriate discipline as outlined in the “Student Violations: Consequences and Notifications.” I also agree to be responsible for any “Unauthorized Costs” incurred by the above student while using the Internet..
________ I request that my student by denied access to the Internet while a student at ______________________________________________________________(school).
Parent or Guardian’s signature __________________________________________
If you have granted your child Internet access, please have them respond to the following:
I have read the expected network etiquette and agree to abide by these provisions. I understand that violation of these provisions may constitute suspension or revocation of Internet privileges.
I agree to be responsible for payment of costs incurred by accessing any Internet services that have a cost involved.
______________________________________________________________________
(Student Signature)
605.6E2 - Internet Appropriate Use Violation Notice
605.6E2 - Internet Appropriate Use Violation NoticeStudent: __________________________________________________________________
Teacher: __________________________________________________________________
Date: _________________________
Students who access inappropriate, objectionable, or restricted items on the Internet shall be subject to the following consequences:
_____ First Offense:
The above student has violated the Student Internet Policy by intentionally accessing inappropriate, objectionable, or restricted material. He/she will lose Internet
access for a period of three (3) weeks. A second offense will result in the student losing Internet access for a period of nine (9) weeks. A reasonable attempt shall be
made to contact the student’s parent/guardian, a copy of this notice shall be mailed to the parent/guardian by the building principal’s office and a copy of this notice
shall be kept on file in the building principal’s office.
_____ Second Offense:
The above student has violated the Student Internet Policy by intentionally accessing restricted material for a second time. As a consequence of this violation the
above student has lost Internet access for a period of nine (9) weeks. A reasonable attempt shall be made to contact the student’s parent/guardian, a copy of this
notice shall be mailed to the parent/guardian by the building principal’s office and a copy of this notice shall be kept on file in the building principal’s office.
_____ Third Offense:
The above student has violated the Student Internet Policy by intentionally accessing restricted material for a third time. As a consequence of this violation the
above student has forfeited all Internet privileges for the remainder of the school year. A reasonable attempt shall be made to contact the student’s parent/guardian, a
copy of this notice shall be sent by registered mail to the student’s parent/guardian by the building principal’s office and a copy shall be kept on file in the building
principal’s office.
Any student who has lost his/her Internet privileges by committing a “Third Offense” may at the beginning of the next regular school year petition the “Principal’s Advisory Committee,” or the “School Eligibility Committee” of the student’s attendance center to have his/her Internet privileges reinstated on a trial basis. A “trial basis” places the student on probation for one year. If during this one year time period the student commits an additional offense his/her Internet privileges will be permanently suspended for the remainder of his/her time as a student in the Gilmore City-Bradgate School.
605.6R1 - Internet - Appropriate Use Regulation
605.6R1 - Internet - Appropriate Use RegulationI. Responsibility for Internet Appropriate Use.
A. The authority - for appropriate use of electronic Internet resources is delegated to the licensed employees. For the purpose of this policy, Internet is defined as:
A collection of more than 20,000 interconnected computer networks involving an estimated 1.5 million computers and 25 million users around the world. It is a collaboration of private, public, educational, governmental and industrial sponsored networks whose operators cooperate to maintain the network infrastructure.
B. Instruction - in the proper use of the Internet system will be available to employees who will then provide similar instruction to their students.
C. Employees - are expected to practice appropriate use of the Internet, and violations may result in discipline up to, and including, discharge.
II. Internet Access.
A. Access to the Internet - is available to staff and students as a source of information and a vehicle of communication.
B. Students will be able to access the Internet through their teachers. Individual student accounts and electronic mail addresses may, at the discretion of
the administration and supervising teacher, be issued to individual students, student groups, and non-staff individuals, who fit under the guidelines established by the Internet provider. An internet account will give access to the World-Wide-Web (www), Gopher, Telnet, and Newsgroups.
1. Making Internet access available to students carries with it the potential that some students might encounter information that may not be appropriate for students. However, on a global network, it is impossible to control all materials. Because information on the Internet appears, disappears and changes, it is not possible to predict or control what students may locate.
2. It is a goal to allow staff and students access to the rich opportunities on the Internet, while we protect the rights of students and parents who choose not to risk exposure to questionable material.
3. The smooth operation of the network relies upon the proper conduct of the end users who must adhere to strict guidelines which require efficient, ethical and legal utilization of network resources.
4. To reduce unnecessary system traffic, users may use real-time conference features such as talk/chat/Internet relay chat only as approved by the supervising teacher.
5. Transmission of material, information or software in violation of any district policy, board policy or regulation, local, state or federal law is prohibited. Correct citation of material obtained over the Internet is required.
6. System users will perform a virus check on downloaded files to avoid spreading computer viruses onto either the local school LAN or district-wide LAN>
7. The school district makes no guarantees as to the accuracy of information received on the Internet.
III. Permission to Use Internet –
A. The Parent/Guardian – shall grant or deny student permission to use the Internet resources on a by building (K-5(6), 6-8, 9-12) basis. This will be done annually using the “Internet Access Permission Form for Students.” Permission will remain in effect unless withdrawn by supervisory personnel under the terms of “Student Violations: Consequences and Notification,” or by the parent or guardian at any time.
B. Electronic Mail for Non-Staff Individuals – who fit under the guidelines established by the Internet provider will involve a set-up charge in order to receive an electronic mail address and an account on the mail server.
IV. Student /Staff Use of Internet.
A. Equal Opportunity –
1. The Internet shall be available to all students within the school district through teacher access. The amount of time available for each student may be limited by the number of available terminals and the demands for each terminal.
2. The Internet applications which will be made available to individuals having an Internet account are shared by everyone using the network. It is important that you follow the procedures given to you in your training in order to insure the smooth operation of the network for everyone on it.
B. On-line Etiquette.
1. The use of the network is a privilege and may be taken away for violation of board policy or regulations. As a user of the Internet, staff and students may be allowed access to other networks. Each network may have its own set of policies and procedures. It is the user's responsibility to abide by the policies and procedures of these other networks.
2. Staff and students should adhere to on-line protocol:
a. Respect all copyright and license agreements.
b. Cite all quotes, references and sources.
c. Remain on the system long enough to get needed information, then exit the system.
d. Apply the same privacy, ethical and educational considerations utilized in other forms of communication.
3. Staff and student access for electronic mail will be through their own account – established at the discretion of the administration and the supervising teacher. Staff and students should adhere to the following electronic mail guidelines:
a. Others may be able to read or access the mail so private messages should not be sent.
b. Delete unwanted messages immediately.
c. Use of vulgar, abusive or objectionable language is prohibited.
d. Always sign messages.
e. Always acknowledge that you have received a document or file that someone has sent you.
f. Mailing lists of any type may not be subscribed to unless permission is received in advance from the supervising teacher or administration.
C. Inappropriate, Objectionable or Restricted Material – Staff and students will not intentionally access or download any text file, picture, movie or other multi-media file, or engage in any form of communication that advocates violence, racism, anarchy, treason, discrimination or pornographic material, or which includes material which is obscene, libelous, indecent, vulgar, profane or lewd; advertises any product or service not permitted to minors by law; constitutes insulting or fighting words, the very expression of which injures or harasses others; or presents a clear and present likelihood that, either because of its content or the manner of distribution, it will cause a material and substantial disruption of the proper and orderly operation and discipline of the school or school activities, or will cause the commission of unlawful acts or the violation of lawful school regulations.
D. Unauthorized Costs – If a staff member or student gains access to any service via the Internet which has a cost involved or if a staff member or student incurs other types of costs, the school district will not be responsible for those costs. The staff member, the student accessing such a service (or the student’s parent/guardian) will be responsible for those costs.
V. Student Violations--Consequences and Notifications.
Students who access restricted items on the Internet are subject to the appropriate action described in board policy or regulations or the following consequences:
1. First Violation – For the first violation during the school’s fiscal year (July 1 – June 30), a verbal and written “Warning” notice will be issued to the student by the supervising teacher. The student will lose Internet access for a period of three (3) weeks. A reasonable attempt shall be made to contact the student’s parent, a copy of the notice will be mailed to the student’s parent and a copy provided to the building principal.
2. Second Violation – On the second violation during the school’s fiscal year (July 1 – June 30), a verbal and written “Second Violation” notice will be issued to the student by the supervising teacher. The student shall forfeit all Internet privileges for a period of nine ((9) weeks. A reasonable attempt shall be made to contact the student’s parent, a copy of the notice will be sent to the student’s parent and a copy provided to the building principal.
3. Third Violation – On the third violation during the school’s fiscal year (July 1 – June 30), a verbal and written “Third Violation” notice will be issued to the student by the supervising teacher. The student shall forfeit all Internet privileges for the remainder of the school year. A reasonable attempt shall be made to contact the student’s parent, a copy of the notice will be sent by registered mail to the student’s parent and a copy provided to the building principal.
Any student who has lost his/her Internet privileges by committing a “Third Violation” may at the beginning of the next regular school year petition the “Principal’s Building Advisory Committee,” or “Building Eligibility Committee” to have his/her Internet privileges reinstated on a trial basis. A “trial basis” places the student on probation for one year.
Students affected by a third violation who will move to a different attendance center within the Gilmore City-Bradgate School for the coming year must petition the “Principal’s Building Advisory Committee,” or “Building Eligibility Committee” of the new attendance center to have his/her Internet privileges reinstated on a trial basis. If the new attendance center grants the petition, the affected student will be on a one year probation at their new attendance center.
If during the one year time period of probation the student commits an additional offense, his/her Internet privileges will be permanently suspended for the remainder of his/her time as a student in the Gilmore City-Bradgate School Districts.
605.7 - Use of Information Resources
605.7 - Use of Information ResourcesIn order for students to experience a diverse curriculum, the board encourages employees to supplement their regular curricular materials with other resources. In so doing, the board recognizes that federal law makes it illegal to duplicate copyrighted materials without authorization of the holder of the copyright, except for certain exempt purposes. Severe penalties may be imposed for plagiarism, unauthorized copying or using of media, including, but not limited to, print, electronic and web-based materials, unless the copying or using conforms to the "fair use" doctrine. Under the "fair use" doctrine, unauthorized reproduction of copyrighted materials is permissible for such purposes as criticism, comment, news reporting, teaching, scholarship or research providing that all fair use guidelines are met.
While the school district encourages employees to enrich the learning programs by making proper use of supplementary materials, it is the responsibility of employees to abide by the school district's copying procedures and obey the requirements of the law. In no circumstances shall it be necessary for school district staff to violate copyright requirements in order to perform their duties properly. The school district will not be responsible for any violations of the copyright law by employees or students. Violation of the copyright law by employees may result in discipline up to, and including, termination. Violation of the copyright law by students may result in discipline, up to and including, suspension or expulsion.
Parents or others who wish to record, by any means, school programs or other activities need to realize that even though the school district received permission to perform a copyrighted work does not mean outsiders can copy it and re-play it. Those who wish to do so should contact the employee in charge of the activity to determine what the process is to ensure the copyright law is followed. The school district is not responsible for outsiders violating the copyright law or this policy.
Any employee or student who is uncertain as to whether reproducing or using copyrighted material complies with the school district's procedures or is permissible under the law should contact the principal who will also assist employees and students in obtaining proper authorization to copy or use protected material when such authorization is required.
It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Legal References: 17 U.S. Code Sec. 101 et al.
281 I.A.C. 12.3(12).
Cross References: 605.6 Internet Appropriate Use
Approved 11-17-08
Reviewed 02-21-12; 05-11-16
Revised 03-19-12
605.7R1 - Use of Information Resources Regulation
605.7R1 - Use of Information Resources RegulationEmployees and students may make copies of copyrighted materials that fall within the following guidelines. Where there is reason to believe the material to be copied does not fall within these guidelines, prior permission shall be obtained from the publisher or producer with the assistance of the principal. Employees and students who fail to follow this procedure may be held personally liable for copyright infringement and may be subject to discipline by the board.
Under the "fair use" doctrine, unauthorized reproduction of copyrighted materials is permissible for such purposes as criticism, comment, news reporting, teaching, scholarship or research. Under the fair use doctrine, each of the following four standards must be met in order to use the copyrighted document:
- Purpose and Character of the Use – The use must be for such purposes as teaching or scholarship.
- Nature of the Copyrighted Work – The type of work to be copied.
- Amount and Substantiality of the Portion Used – Copying the whole of a work cannot be considered fair use; copying a small portion may be if these guidelines are followed.
- Effect of the Use Upon the Potential Market for or value of the Copyrighted Work – If resulting economic loss to the copyright holder can be shown, even making a single copy of certain materials may be an infringement, and making multiple copies presents the danger of greater penalties.
Authorized Reproduction and Use of Copyrighted Material Reminders:
- Materials on the Internet should be used with caution since they may, and likely are, copyrighted.
- Proper attribution (author, title, publisher, place and date of publication) should always be given.
- Notice should be taken of any alterations to copyrighted works, and such alterations should only be made for specific instructional objectives.
- Care should be taken in circumventing any technological protection measures. While materials copied pursuant to fair use may be copied after circumventing technological protections against unauthorized copying, technological protection measures to block access to materials may not be circumvented.
In preparing for instruction, a teacher may make or have made a single copy of:
- A chapter from a book;
- An article from a newspaper or periodical;
- A short story, short essay or short poem; or,
- A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.
A teacher may make multiple copies not exceeding more than one per pupil, for classroom use or discussion, if the copying meets the tests of “brevity, spontaneity and cumulative effect” set by the following guidelines. Each copy must include a notice of copyright.
- Brevity
- A complete poem, if less than 250 words and two pages long, may be copied; excerpts from longer poems cannot exceed 250 words;
- Complete articles, stories or essays of less than 2500 words or excerpts from prose works less than 1000 words or 10% of the work, whichever is less may be copied; in any event, the minimum is 500 words;
- Each numerical limit may be expanded to permit the completion of an unfinished line of a poem or prose paragraph;
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- One chart, graph, diagram, drawing, cartoon or picture per book or periodical issue may be copied. “Special” works cannot be reproduced in full; this includes children's books combining poetry, prose or poetic prose. Short special works may be copied up to two published pages containing not more than 10 percent of the work.
- Spontaneity – Should be at the “instance and inspiration” of the individual teacher when there is not a reasonable length of time to request and receive permission to copy.
- Cumulative Effect – Teachers are limited to using copied material for only one course for which copies are made. No more than one short poem, article, story or two excerpts from the same author may be copied, and no more than three works can be copied from a collective work or periodical column during one class term. Teachers are limited to nine instances of multiple copying for one course during one class term. Limitations do not apply to current news periodicals, newspapers and current news sections of other periodicals.
Copying Limitations
Circumstances will arise when employees are uncertain whether or not copying is prohibited. In those circumstances, the principal, should be contacted. The following prohibitions have been expressly stated in federal guidelines:
- Reproduction of copyrighted material shall not be used to create or substitute for anthologies, compilations or collective works.
- Unless expressly permitted by agreement with the publisher and authorized by school district action, there shall be no copying from copyrighted consumable materials such as workbooks, exercises, test booklets, answer sheets and the like.
- Employees shall not:
- Use copies to substitute for the purchase of books, periodicals, music recordings, consumable works such as workbooks, computer software or other copyrighted material. Copy or use the same item from term to term without the copyright owner's permission;
- Copy or use more than nine instances of multiple copying of protected material in any one term;
- Copy or use more than one short work or two excerpts from works of the same author in any one term;
- Copy or use protected material without including a notice of copyright. The following is a satisfactory notice: NOTICE: THIS MATERIAL MAY BE PROTECTED BY COPYRIGHT LAW.
- Reproduce or use copyrighted material at the direction of someone in higher authority or copy or use such material in emulation of some other teacher's use of copyrighted material without permission of the copyright owner.
- Require other employees or students to violate the copyright law or fair use guidelines.
Authorized Reproduction and Use of Copyrighted Materials in the Library
A library may make a single copy or three digital copies of:
- An unpublished work in its collection;
- A published work in order to replace it because it is damaged, deteriorated, lost or stolen, provided that an unused replacement cannot be obtained at a fair price.
- A work that is being considered for acquisition, although use is strictly limited to that decision. Technological protection measures may be circumvented for purposes of copying materials in order to make an acquisition decision.
A library may provide a single copy of copyrighted material to a student or employee at no more than the actual cost of photocopying. The copy must be limited to one article of a periodical issue or a small part of other material, unless the library finds that the copyrighted work cannot be obtained elsewhere at a fair price. In the latter circumstance, the entire work may be copied. In any case, the copy shall contain the notice of copyright and the student or staff member shall be notified that the copy is to be used only for private study, scholarship or research. Any other use may subject the person to liability for copyright infringement.
Authorized Reproduction and Use of Copyrighted Music or Dramatic Works
Teachers may:
- Make a single copy of a song, movement, or short section from a printed musical or dramatic work that is unavailable except in a larger work for purposes of preparing for instruction;
- Make multiple copies for classroom use of an excerpt of not more than 10% of a printed musical work if it is to be used for academic purposes other than performance, provided that the excerpt does not comprise a part of the whole musical work which would constitute a performable unit such as a complete section, movement, or song;
- In an emergency, a teacher may make and use replacement copies of printed music for an imminent musical performance when the purchased copies have been lost, destroyed or are otherwise not available.
- Make and retain a single recording of student performances of copyrighted material when it is made for purposes of evaluation or rehearsal;
- Make and retain a single copy of excerpts from recordings of copyrighted musical works for use as aural exercises or examination questions; and,
- Edit or simplify purchased copies of music or plays provided that the fundamental character of the work is not distorted. Lyrics shall not be altered or added if none exist.
Performance by teachers or students of copyrighted musical or dramatic works is permitted without the authorization of the copyright owner as part of a teaching activity in a classroom or instructional setting. The purpose shall be instructional rather than for entertainment.
Performances of nondramatic musical works that are copyrighted are permitted without the authorization of the copyright owner, provided that:
- The performance is not for a commercial purpose;
- None of the performers, promoters or organizers are compensated; and,
- Admission fees are used for educational or charitable purposes only.
All other musical and dramatic performances require permission from the copyright owner. Parents or others wishing to record a performance should check with the sponsor to ensure compliance with copyright.
Recording of Copyrighted Programs
Television programs, excluding news programs, transmitted by commercial and non-commercial television stations for reception by the general public without charge may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by a school for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording. Upon conclusion of this retention period, all off-air recordings must be erased or destroyed immediately. Certain programming such as that provided on public television may be exempt from this provision; check with the principal or the subscription database, e.g. unitedstreaming.
Off-air recording may be used once by individual teachers in the course of instructional activities, and repeated once only when reinforcement is necessary, within a building, during the first 10 consecutive school days, excluding scheduled interruptions, in the 45 calendar day retention period. Off-air recordings may be made only at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers. Each additional copy shall be subject to all provisions governing the original recording.
After the first ten consecutive school days, off-air recordings may be used up to the end of the 45 calendar day retention period only for evaluation purposes, i.e., to determine whether or not to include the broadcast program in the teaching curriculum. Permission must be secured from the publisher before the recording can be used for instructional purposes after the 10 day period.
Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
Authorized Reproduction and Use of Copyrighted Computer Software
Schools have a valid need for high-quality software at reasonable prices. To assure a fair return to the authors of software programs, the school district shall support the legal and ethical issues involved in copyright laws and any usage agreements that are incorporated into the acquisition of software programs. To this end, the following guidelines shall be in effect:
- All copyright laws and publisher license agreements between the vendor and the school district shall be observed;
- Staff members shall take reasonable precautions to prevent copying or the use of unauthorized copies on school equipment;
- A back-up copy shall be purchased, for use as a replacement when a program is lost or damaged. If the vendor is not able to supply a replacement, the school district shall make a back-up copy that will be used for replacement purposes only;
- A copy of the software license agreement shall be retained by the, technology director; and,
- A computer program may be adapted by adding to the content or changing the language. The adapted program may not be distributed.
Fair Use Guidelines for Educational Multimedia
Students may incorporate portions of copyrighted materials in producing educational multimedia projects such as videos, Power Points, podcasts and web sites for a specific course, and may perform, display or retain the projects.
Educators may perform or display their own multimedia projects to students in support of curriculum-based instructional activities. These projects may be used:
- In face-to-face instruction;
- In demonstrations and presentations, including conferences;
- In assignments to students;
- For remote instruction if distribution of the signal is limited;
- Over a network that cannot prevent duplication for fifteen days, after fifteen days a copy may be saved on-site only; or,
- In their personal portfolios.
Educators may use copyrighted materials in a multimedia project for two years, after that permission must be requested and received.
The following limitations restrict the portion of any given work that may be used pursuant of fair use in an educational multimedia project:
- Motion media: ten percent or three minutes, whichever is less;
- Text materials: ten percent or 1,000 words, whichever is less;
- Poetry: an entire poem of fewer than 250 words, but no more than three poems from one author or five poems from an anthology. For poems of greater than 250 words, excerpts of up to 250 words may be used, but no more than three excerpts from one poet or five excerpts from an anthology;
- Music, lyrics and music video: Up to ten percent, but no more than thirty seconds. No alterations that change the basic melody or fundamental character of the work;
- Illustrations, cartoons and photographs: No more that five images by an artist, and no more than ten percent or fifteen images whichever is less from a collective work;
- Numerical data sets: Up to ten percent or 2,500 field or cell entries, whichever is less;
Fair use does not include posting a student or teacher’s work on the Internet if it includes portions of copyrighted materials. Permission to copy shall be obtained from the original copyright holder(s) before such projects are placed online. The opening screen of such presentations shall include notice that permission was granted and materials are restricted from further use.
The teacher-librarian is responsible for ensuring that appropriate warning devices are posted. The warnings are to educate and warn individuals using school district equipment of the copyright law. Warning notices must be posted:
- On or near copiers;
- On forms used to request copying services;
- On video recorders;
- On computers; and,
- At the library and other places where interlibrary loan orders for copies of materials are accepted.
NOTE: For copyright notices and more information, please go to Iowa AEA website: http://www.iowaaeaonline.org/copyright/BriefNOTESscreen.pdf
606 - Instructional Arrangements
606 - Instructional Arrangements dawn.gibson.cm… Fri, 08/25/2023 - 14:27606.1 - Class Size - Class Grouping
606.1 - Class Size - Class GroupingIt is within the sole discretion of the board to determine the size of classes and to determine whether class grouping will take place. The board shall review the class sizes annually.
It is the responsibility of the superintendent to make a recommendation to the board on class size based upon the financial condition of the school district, the qualifications of and number of licensed employees, and other factors deemed relevant to the board.
Legal Reference: Iowa Code §§ 279.8; 280.3 (2001).
Cross Reference: 606.9 Insufficient Classroom Space
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 05-11-16
Revised 05-19-03
606.2 - School Ceremonies and Observances
606.2 - School Ceremonies and ObservancesThe school district will continue school ceremonies and observances which have become a tradition and a custom of the education program. These include, but are not limited to, reciting the Pledge of Allegiance and observance of holidays, such as Christmas, Halloween and Easter, by programs and performances. Such ceremonies or observances will have a secular purpose and will not advocate or sponsor a particular religion.
Students who do not wish to participate in these activities may be silent during the ceremony or observance or receive permission from the principal to be excused from the ceremony for religious reasons in compliance with board policy.
Legal Reference: U.S. Const. amend. I.
Lee v. Weisman, 112 S.Ct. 2649 (1992).
Lemon v. Kurtzman, 403 U.S. 602 (1971).
Graham v. Central Community School District of Decatur County, 608 F.Supp. 531 (S.D. Iowa 1985).
Iowa Code § 279.8 (2001).
Cross Reference: 603 Instructional Curriculum
604.6 Religious-Based Exclusion From A School Program
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03
606.3 - Animals in the Classroom
606.3 - Animals in the ClassroomLive animals will not be allowed in school district facilities except under special circumstances and only for an educational purpose. Permission from the principal will be required of anyone wishing to bring an animal into school district facilities. Appropriate supervision of animals is required when animals are brought into the school district facilities.
The person bringing the animal must furnish transportation for the animal brought to school. Animals will not be allowed to travel to and from the student's attendance center on the school bus without prior approval from the principal.
It is the responsibility of the principal to determine appropriate supervision of animals in the classroom.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 507 Student Health and Well-Being
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03
606.4 - Student Production of Materials and Services
606.4 - Student Production of Materials and ServicesMaterials and services produced by students at the expense of the school district are be the property of the school district. Materials and services produced by students at the student's expense, except for incidental expense to the school district, are to be the property of the student.
It is the responsibility of the superintendent to determine incidental expense.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 408.2 Licensed Employee Publication or Creation of Materials
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03
606.5 - Student Field Trips and Excursions
606.5 - Student Field Trips and ExcursionsThe principal may authorize field trips and excursions when such events contribute to the achievement of education goals of the school district. The school district will provide transportation for field trips and excursions.
In authorizing field trips and excursions, the principal will consider the financial condition of the school district, the educational benefit of the activity, the inherent risks or dangers of the activity, and other factors deemed relevant by the superintendent. Written parental permission will be required prior to the student's participation in field trips and excursions. Board approval will be required for field trips and excursions which involve unusual length or expense.
Field trips and excursions are to be arranged with the principal well in advance. A detailed schedule and budget must be submitted by the employee. The school district will be responsible for obtaining a substitute teacher if one is needed. Following field trips and excursions, the teacher may be required to submit a written summary of the event.
Legal Reference: 390 C.F.R. Pt. 390.3(f) (1999).
Iowa Code § 279.8 (2001).
281 I.A.C. 43.9.
Cross Reference: 503.1 Student Conduct
503.4 Good Conduct Rule
603 Instructional Curriculum
711 Transportation
Approved 01-15-90
Reviewed 04-20-92; 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-18-92; 05-19-03
606.6 - Insufficient Classroom Space
606.6 - Insufficient Classroom SpaceInsufficient classroom space is determined on a case-by-case basis. In making its determination whether insufficient classroom space exists, the board may consider several factors, including but not limited to, the nature of the education program, the grade level, the available licensed employees, the instructional method, the physical space, student-teacher ratios, equipment and materials, facilities either being planned or under construction, facilities planned to be closed, financial condition of the school district and projected to be available, a sharing agreement in force or planned, a bargaining agreement in force, laws or rules governing special education class size, board-adopted school district goals and objectives, and other factors considered relevant by the board.
This policy is reviewed by the board annually. It is the responsibility of the superintendent to bring this policy to the attention of the board each year.
Legal Reference: Iowa Code § 282.18(13) (2001).
281 I.A.C. 17.6(3).
Cross Reference: 103 Long-Range Needs Assessment
501.16 Open Enrollment Transfers - Procedures as a Receiving District
606.2 Class Size - Class Grouping
Approved 01-15-90
Reviewed 04-20-92; 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-18-92; 05-19-03
607 - Instructional Services
607 - Instructional Services dawn.gibson.cm… Fri, 08/25/2023 - 14:17607.1 - Student Guidance and Counseling Program
607.1 - Student Guidance and Counseling ProgramThe board will provide a student guidance and counseling program. The school counselor will be certified with the Iowa Board of Educational Examiners and hold the qualifications required by the board. The guidance and counseling program will serve grades kindergarten through twelve. The program will assist students with their personal, educational, and career development. The program is coordinated with the education program and will involve licensed employees.
Legal Reference: Iowa Code § 280.14; 622.10 (2001).
281 I.A.C. 12.3(11).
Cross Reference: 506 Student Records
603 Instructional Curriculum
604.5 Program for At-Risk Students
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03; 05-10-23
607.2 - Student Health Services
607.2 - Student Health ServicesHealth services are an integral part of comprehensive school improvement, assisting all students to increase learning, achievement, and performance. Health services coordinate and support existing programs to assist each student in achievement of an optimal state of physical, mental and social well being. Student health services ensure continuity and create linkages between school, home, and community service providers. The school district’s comprehensive school improvement plan, needs, and resources determine the linkages.
The superintendent, in conjunction with the (school nurse, health advisory committee, public health nurse, school health team, etc.) will develop administrative regulations implementing this policy. The superintendent will provide a written report on the role of health services in the education program to the board annually.
Legal Reference: 42 U.S.C. §§ 12101 et seq. (1997).
20 U.S.C. 1232g § 1400 6301 et seq. (1997).
29 U.S.C. § 794(a)(1988)
28 C.F.R. 35
34 C.F.R. pt. 99, 104, 200, 300 et seq. (1999)
Iowa Code §§ 22.7, 139A.3. .8, .21; 143.1, 152, 256.7(24), .11, 280.23 (2001).
281 I.A.C. 12.3(4), (7), (11); 12.4(12); 12.8; 41.12(11), .96.
282 I.A.C. 15.3(14); 22.
641 I.A.C. 7.
655 I.A.C. 6, 6.3(1), 6.3(6), 6.6(1), 7.
Cross Reference: 501.4 Entrance - Admissions
507 Student Health and Well-Being
Approved 01-15-90
Reviewed 04-10-03; 11-17-08; 02-21-12; 05-11-16
Revised 05-19-03
607.2R1 - Student Health Services Regulation
607.2R1 - Student Health Services RegulationStudent Health Services Administrative Regulations
- Student Health Services - Each school building may develop a customized student health services program within comprehensive school improvement based on its unique needs and resources. Scientific advances, laws, and school improvement necessitate supports to students with health needs to receive their education program.
Supports to improve student achievement include:
- qualified health personnel
- school superintendent, school nurse, and school health team working collaboratively
- family and community involvement
- optimal student health services program with commitment to its continuing improvement
Components provided within a coordinated school health program include:
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Student health services are provided to identify health needs; facilitate access to health care; provide for health needs related to educational achievement; promote health, well-being, and safety; and plan and develop the health services program.
- Student Health Services Essential Functions
- Identify student health needs:
1. Provide individual initial and annual health assessments
2. Provide needed health screenings
3. Maintain and update confidential health records
4. Communicate (written, oral, electronic) health needs as consistent with confidentiality laws
- Facilitate student access to physical and mental health services:
1. Link students to community resources and monitor follow through
2. Promote increased access and referral to primary health care financial resources such as Medicaid, HAWK-I, social security, and community health clinics
3. Encourage appropriate use of heath care
- Provide for student health needs related to educational achievement:
1. Manage chronic and acute illnesses
2. Provide special health procedures and medication including delegation, training, and supervision of qualified designated school personnel
3. Develop, implement, evaluate, and revise individual health plans (IHPs) for all students with special health needs according to mandates in the Individuals with Disabilities Education Act (IDEA), Rehabilitation Act (Section 504), and American with Disabilities Act (ADA)
4. Provide urgent and emergency care for individual and group illness and injury
5. Prevent and control communicable disease and monitor immunizations
6. Promote optimal mental health
7. Promote a safe school facility and a safe school environment
8. Participate in and attend team meetings as a team member and health consultant
- Promote student health, well-being, and safety to foster healthy living:
1. Provide developmentally appropriate health education and health counseling for individuals and groups
2. Encourage injury and disease prevention practices
3. Promote personal and public health practices
4. Provide health promotion and injury and disease prevention education
E. Plan and develop the student health services program collaboratively with the superintendent, school nurse, and school health team:
1. Gather and interpret data to evaluate needs and performance
2. Establish health advisory council and school health team
3. Develop health procedures and guidelines
4. Collaborate with staff, families, and community
5. Maintain and update confidential student school health records
6. Coordinate program with all school health components
7. Coordinate with school improvement
8. Evaluate and revise the health service program to meet changing needs
9. Organize scheduling and direct health services staff
10. Develop student health services annual status report
11. Coordinate information and program delivery within the school and between school and major constituents
12. Provide health services by qualified health professionals to effectively deliver services, including multiple levels of school health expertise such as registered nurses, physicians, and advanced registered nurse practitioners
13. Provide for professional development for school health services staff
- Expanded Health Services
These additional health services address learning barriers and the lack of access to health care. Examples include school-based services in the school, school-linked services connected to the school, primary care, mental health, substance abuse, and dental health.
700 - NONINSTRUCTIONAL AND BUSINESS SERVICES
700 - NONINSTRUCTIONAL AND BUSINESS SERVICES dawn.gibson.cm… Tue, 08/29/2023 - 10:55700 - Purpose of NonInstructional and Business Services
700 - Purpose of NonInstructional and Business ServicesThis series of the board policy manual is devoted to the goals and objectives for the school district's non-instructional services and business operations that assist in the delivery of the education program. These non-instructional services include, but are not limited to, transportation, the school lunch program and child care. The board, as it deems necessary, will provide additional non-instructional services to support the education program.
It is the goal of the board to provide non-instructional services and to conduct its business operations in an efficient manner.
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
701 - Financial Accounting System
701 - Financial Accounting System dawn.gibson.cm… Tue, 08/29/2023 - 12:42701.1 - Depository of Funds
701.1 - Depository of FundsEach year at its annual meeting, the board will designate by resolution the name and location of the Iowa located financial depository institution or institutions to serve as the official school district depository or depositories. The maximum deposit amount to be kept in the depository will be stated in the resolution. The amount stated in the resolution must be for all depositories and include all of the school district's funds.
It is the responsibility of the board secretary-treasurer to include the resolution in the minutes of the meeting.
Legal Reference: Iowa Code §§ 12C; 279.33 (2001).
Cross Reference: 210.1 Annual Meeting
206.3 Secretary-Treasurer
704.1 Local - State - Federal - Miscellaneous Revenue
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
701.2 - Transfer of Funds
701.2 - Transfer of FundsWhen the necessity for a fund has ceased to exist, the balance may be transferred to another fund or account by board resolution. School district monies received without a designated purpose may be transferred in this manner. School district monies received for a specific purpose or upon vote of the people may only be transferred, by board resolution when the purpose for which the monies were received has been completed. Voter approval is required to transfer monies to the general fund from the capital projects fund and debt service fund.
It is the responsibility of the board secretary-treasurer to make recommendations to the board regarding transfers and to provide the documentation justifying the transfer.
Legal Reference: Iowa Code §§ 24.21-.22; 279.8; 298A (2001).
Cross Reference: 701.3 Financial Records
703 Budget
704.2 Sale of Bonds
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
701.3 - Financial Records
701.3 - Financial RecordsFinancial records of the school district are maintained in accordance with generally accepted accounting principles (GAAP) as required or modified by law. School district monies are received and expended from the appropriate fund and/or account. The funds and accounts of the school district will include, but not be limited to:
Governmental fund type:
· General fund
· Special revenue fund
--Management levy fund
--Physical plant and equipment levy fund
--Public education and recreation levy fund
--Student activity fund
--Schoolhouse fund
· Capital projects fund
· Debt service fund
Proprietary fund type:
· Enterprise fund
--School nutrition fund
--Child care fund
· Internal service fund
Fiduciary funds:
· Trust or agency funds
--Expendable trust funds
--Nonexpendable trust funds
--Agency funds
--Pension trust funds
Account groups:
· General fixed assets account group
· General long-term debt account group
As necessary the board may, by board resolution, create additional funds within the governmental, proprietary and fiduciary fund types. The resolution shall state the type of fund, name of the fund and purpose of the fund.
The general fund is used primarily for the education program. Special revenue funds are used to account for monies restricted to a specific use by law. Proprietary funds account for operations of the school district operated similar to private business, and they account for the costs of providing goods and services provided by one department to other departments on a cost reimbursement basis. Fiduciary funds are used to account for monies or assets held by the school district on behalf of, or in trust for, another entity. The account groups are the accounting records for fixed assets and long-term debt.
It is the responsibility of the superintendent to implement this policy and bring necessary changes in the maintenance of the school district's financial records to the attention of the board.
Legal Reference: Iowa Code §§ 11.23; 298A (2001).
Cross Reference: 704 Revenue
705 Expenditures
Approved 09-17-03
Reviewed 12-15-08; 03-19-12; 07-13-16
Revised
701.4 - Governmental Accounting Practices and Regulations
701.4 - Governmental Accounting Practices and RegulationsSchool district accounting practices will follow state and federal laws and regulations, generally accepted accounting principles (GAAP) and the uniform financial accounting system provided by the Iowa Department of Education. As advised by the school district’s auditor, determination of liabilities and assets, prioritization of expenditures of governmental funds and provisions for accounting disclosures shall be made in accordance with governmental accounting standards.
In Governmental Accounting Standards Board (GASB) Statement No. 54, the board identifies the order of spending unrestricted resources applying the highest level of classification of fund balance - restricted, committed, assigned, and unassigned - while honoring constraints on the specific purposes for which amounts in those fund balances can be spent. A formal board action is required to establish, modify and or rescind a committed fund balance. The resolution will state the exact dollar amount. In the event, the board chooses to make changes or rescind the committed fund balance, formal board action is required.
The Board authorizes the superintendent to assign amounts to a specific purpose in compliance with GASB 54. An ‘assigned fund balance’ should also be reported in the order of spending unrestricted resources, but is not restricted or committed.
It is the responsibility of the superintendent to develop administrative regulations implementing this policy. It is also the responsibility of the superintendent to make recommendations to the board regarding fund balance designations.
Legal Reference: Iowa Code §§ 257.31(4); 279.8; 297.22-.25; 298A (2011).
Cross Reference: 701.3 Financial Records
703 Budget
704 Revenue
Approved 09-21-11
Reviewed 03-19-12; 07-13-16
Revised ____________
701.5 - Fiscal Management
701.5 - Fiscal ManagementThe Board recognizes its fiduciary responsibility to oversee the management of school district funds in keeping with the school district vision, mission and goals. To achieve this purpose, the board may engage in learning about the financial needs, operations and requirements of the district as appropriate for the board’s understanding of the district’s financial position. The Board also commits to engaging in annual financial goal setting for the district based upon measurable data and projections for the district.
After the fiscal year has closed, the Superintendent or their designee will provide to the Board concise, timely, well organized financial data. The Board will exercise its oversight responsibilities by reviewing relevant PK-12 public education sector indicators to understand the financial trends of the district.
The board will establish and review financial goals annually. The District will measure whether these goals were obtained as of June 30, but only after completion of the Certified Annual Report due September 15th each year.
Providing the best possible educational experience for all students and meeting federal, state, and local academic goals for each student requires maximizing General Fund resources for use in the instructional program. The board may request from the School Budget Review Committee (SBRC) additional modified spending authority (MSA) where it may be available for items such as:
- Special education deficit balances
- Advances to support increasing student enrollment
- Supports for students identified as English Learners
- At risk / dropout prevention programming
- Initial staffing associated with opening new buildings or programs
- Any other lawful purpose
Any award of modified supplement amount will be levied as a cash reserve based on the recommendation of the superintendent/designee and approved by the Board of Education in keeping with the fiscal management performance measures provided for in district policy.
NOTE: Districts should include any optional uses of MSA the district uses to the bulleted list.
Legal Reference: Iowa Code §§ 257.7, 31; 279.8
Approved:
Reviewed:
Revised:
701.5R1 - Fiscal Management - Financial Metrics
701.5R1 - Fiscal Management - Financial MetricsThe following relevant PK-12 public sector indicators will be provided to the Board annually to better understand the financial trends of the district. These indicators will be an accurate depiction as of June 30th of the preceding fiscal year and will depict at a minimum of 3 years of data.
- Total revenues and expenditures by fund and major sources;
- Financial Solvency Ratio - assigned plus unassigned fund balances divided by total revenue minus AEA flow through;
- Unspent Authorized Budget Ratio - amount of maximum spending authority left at year end after deducting the general fund expenditures incurred during the year;
- Unspent Authorized Balance Ratio Net of Restricted Fund Balances (Categorical Fund Balances) - amount of maximum spending authority left at year end after deducting both the general fund expenditures incurred during the year and the total restricted fund balances (categorical fund balances) at year end;
- Enrollment Trend - funding follows the student so it is important to understand district enrollment numbers;
- Staff costs as a percent of total general fund.
Financial Projections
The general fund is the operating fund of the district where the majority of salaries and benefits are funded. Projections will help the board determine sustainability of the annual operating budget and help make future budgetary decisions.
The District is committed to utilizing the following financial metrics in determining district financial goals:
- Unspent Authorized Budget Ratio: Maintain unspent authorized budget ratio within target range. The current year’s projected balance will be discussed with the Board before staffing and other spending decisions are finalized for the succeeding year.
- Unspent Authorized Budget Net of Restricted Fund Balances (Categorical Balances): The district will attempt to spend the restricted (categorical) annual allocation in the year received to the extent possible.
- Solvency Ratio: The current year’s projected balance will be discussed with the Board before establishing the succeeding year’s cash reserve levy and before staffing and other spending decisions are finalized.
702 - Cash In School Buildings
702 - Cash In School BuildingsThe amount of cash that may be kept in the school building for any one day is sufficient for that day's operations. Funds raised by students are kept in the administrative office.
A minimal amount of cash is kept in the central administration office at the close of the day. Excess cash is deposited in the authorized depository of the school district.
It is the responsibility of the superintendent to determine the amount of cash necessary for each day's operations and to comply with this policy.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 701.1 Depository of Funds
704 Revenue
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
703 - Budget
703 - Budget dawn.gibson.cm… Tue, 08/29/2023 - 12:38703.1 - Budget Planning
703.1 - Budget PlanningPrior to certification of the budget, the board will review the projected revenues and expenditures for the school district and make adjustments where necessary to carry out the education program within the revenues projected.
A budget for the school district is prepared annually for the board's review. The budget will include the following:
· the amount of revenues from sources other than taxation;
· the amount of revenues to be raised by taxation;
· an itemization of the amount to be spent in each fund; and,
· a comparison of the amount spent and revenue received in each fund for like purposes in the two prior fiscal years.
It is the responsibility of the superintendent to prepare the budget for review by the board prior to the April 15 deadline each year.
Prior to the adoption of the proposed budget by the board, the public is apprised of the proposed budget for the school district. Prior to the adoption of the proposed budget by the board, members of the school district community will have an opportunity to review and comment on the proposed budget. A public hearing for the proposed budget of the board is held each year in sufficient time to file the adopted budget no later than April 15.
The proposed budget filed by the board with the board secretary-treasurer and the time and place for the public hearing on the proposed budget is published in a newspaper designated for official publication in the school district. It is the responsibility of the board secretary-treasurer to publish the proposed budget and public hearing information at least ten but no more than 20 days prior to the public hearing.
The board will adopt and certify a budget for the operation of the school district to the county auditor by April 15. It is the responsibility of the board secretary-treasurer to file the adopted and certified budget with the county auditor and other proper authorities.
The board may amend the budget for the fiscal year in the event of unforeseen circumstances. The amendment procedures will follow the procedures for public review and adoption of the original budget by the board outlined in these policies.
It is the responsibility of the superintendent and the board secretary-treasurer to bring any budget amendments necessary to the attention of the board to allow sufficient time to file the amendment with the county auditor no later than May 31 of each year.
Legal Reference: Iowa Code §§ 24; 257; 279.8; 297; 298; 618 (2001).
Cross Reference: 214 Public Hearings
703 Budget
704 Revenue
705 Expenditures
Approve 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
703.2 - Spending Plan
703.2 - Spending PlanThe budget of the school district is the authority for the expenditures of the school district for the fiscal year for which the budget was adopted and certified. It is the responsibility of the superintendent to operate the school district within the budget.
Legal Reference: Iowa Code § 24.9 (2001).
Cross Reference: 703 Budget
704 Revenue
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
704 - Revenue
704 - Revenue dawn.gibson.cm… Tue, 08/29/2023 - 12:31704.1 - Local – State – Federal – Miscellaneous Revenue
704.1 - Local – State – Federal – Miscellaneous RevenueRevenues of the school district are received by the board secretary-treasurer. Other persons receiving revenues on behalf of the school district will promptly turn them over to the board secretary-treasurer.
Revenue, from whatever source, is accounted for and classified under the official accounting system of the school district. It is the responsibility of the board secretary-treasurer to deposit the revenues received by the school district in a timely manner. School district funds from all sources will not be used for private gain or political purposes.
Tuition fees received by the school district are deposited in the general fund. The tuition fees for preschool through twelfth grade during the regular academic school year are set by the board based upon the superintendent's recommendation in compliance with current law. Tuition fees for summer school, driver's education and adult education are set by the board prior to the offering of the programs.
The board may charge materials fees for the use or purchase of educational materials. Materials fees received by the school district are deposited in the general fund. It is the responsibility of the superintendent to recommend to the board when materials fees will be charged and the amount of the materials fees.
Rental fees received by the school district for the rental of school district equipment or facilities are deposited in the general fund. It is the responsibility of the superintendent to recommend to the board a fee schedule for renting school district property.
Proceeds from the sale of real property are placed in the PPEL fund. The proceeds from the sale of other school district property are placed in the general fund.
The board may claim exemption from the law prohibiting competition with private enterprise for the following activities:
· Goods and services directly and reasonably related to the educational mission;
· Goods and services offered only to students, employees or guests which cannot be provided by private enterprise at the same or lower cost;
· Use of vehicles for charter trips offered to the public, full- or part-time, or temporary students;
· Goods and services which are not otherwise available in the quantity or quality required by the school district;
· Telecommunications other than radio or television stations;
· Sponsoring or providing facilities for fitness and recreation;
· Food service and sales; and,
· Sale of books, records, tapes, software, educational equipment, and supplies.
It is the responsibility of the superintendent to bring to the board's attention additional sources of revenue for the school district.
Legal Reference: Iowa Code §§ 12C; 23A; 257.2; 279.8; 282.2, .6, .24; 291.12, .13; 297.9-.12, .22; 301.1 (2001).
Cross Reference: 701.1 Depository of Funds
703 Budget
803 Selling and Leasing
905 Use of School District Facilities & Equipment
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03; 02-09-09; 04-16-12
704.2 - Sale of Bonds
704.2 - Sale of BondsThe board may conduct an election for the authority to issue bonded indebtedness. Revenues generated from an approved bond issue are used only for the purpose stated on the ballot. Once the purpose on the ballot is completed, any balance remaining in a capital projects fund may be retained for future capital projects in accordance with the purpose stated on the ballot or any remaining balance may be transferred by board resolution to the debt service fund or the physical plant and equipment levy fund. Voter approval is required to transfer monies to the general fund from the capital projects fund.
Revenues received from the issuing of bonded indebtedness are deposited into the capital projects fund.
Legal Reference: Iowa Code §§ 74-76; 278.1; 298; 298A (2001).
Cross Reference: 701 Financial Accounting System
704 Revenue
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
704.3 - Investments
704.3 - InvestmentsSchool district funds in excess of current needs are invested in compliance with this policy. The goals of the school district's investment portfolio in order of priority are:
· To provide safety of the principal;
· To maintain the necessary liquidity to match expected liabilities; and
· To obtain a reasonable rate of return.
In making investments, the school district will exercise the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use to meet the goals of the investment program.
School district funds are monies of the school district, including operating funds. "Operating funds" of the school district are funds which are reasonably expected to be used during a current budget year or within fifteen months of receipt. When investing operating funds, the investments must mature within three hundred and ninety-seven days or less. When investing funds other than operating funds, the investments must mature according to the need for the funds.
The board authorizes the secretary-treasurer to invest funds in excess of current needs in the following investments.
· Interest bearing savings, money market, and checking accounts at the school district's authorized depositories;
· Iowa Schools Joint Investment Trust Program (ISJIT); and,
· Certificates of deposit and other evidences of deposit at federally insured Iowa depository institutions.
It is the responsibility of the secretary-treasurer to oversee the investment portfolio in compliance with this policy and the law.
The secretary-treasurer is responsible for reporting to and reviewing with the board at its regular meetings the investment portfolio's performance, transaction activity and current investments.
It is the responsibility of the superintendent to deliver a copy of this policy to the school district's depositories, auditor and outside persons doing investment business with the school district.
It will also be the responsibility of the superintendent, in conjunction with the secretary-treasurer, to develop a system of investment practices and internal controls over the investment practices. The investment practices are designed to prevent losses, to document the officers' and employees' responsibility for elements of the investment process and address the capability of the management.
Legal Reference: Iowa Code §§ 11.2, .6; 12.62; 12B.10; 12C; 22.1, .14; 28E.2; 257; 279.29; 283A; 285; 502.701; 633.123 (2001).
Cross Reference: 206.3 Secretary-Treasurer
704 Revenue
Approved 01-15-90
Reviewed 08-17-92; 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-21-92; 09-17-03
704.4 - Gifts - Grants - Bequests
704.4 - Gifts - Grants - BequestsThe board believes gifts, grants, and bequests to the school district may be accepted when they will further the interests of the school district. The board will have sole authority to determine whether the gift furthers the interests of the school district.
Gifts, grants, and bequests are approved by the board. Once it has been approved by the board, a board member or the superintendent may accept the gift on behalf of the school district.
Gifts, grants, and bequests once accepted on behalf of the school district become the property of the school district. Gifts, grants, and bequests are administered in accordance with terms, if any, agreed to by the board.
Legal Reference: Iowa Code §§ 279.42; 565.6 (2001).
Cross Reference: 221 Gifts to Board of Directors
402.4 Gifts to Employees
508.1 Class or Student Group Gifts
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
704.5 - Student Activities Fund
704.5 - Student Activities FundRevenue raised by students or from student activities is deposited and accounted for in the student activities fund. This revenue is the property of and is under the financial control of the board. Students may use this revenue for purposes approved by the superintendent.
Whether such revenue is collected from student contributions, club dues, and special activities or result from admissions to special events or from other fund-raising activities, all funds will be under the jurisdiction of the board and under the specific control of the superintendent. They will be deposited in a designated depository and will be disbursed and accounted for in accordance with instructions issued by the superintendent.
It is the responsibility of the board secretary-treasurer to keep student activity accounts up-to-date and complete.
Any unencumbered class or activity account balances will automatically revert to the activity fund when a class graduates or an activity is discontinued.
Legal Reference: Iowa Code §§ 11.23; 279.8 (2001).
Cross Reference: 504 Student Activities
701 Financial Accounting System
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
705 - Expenditures
705 - Expenditures dawn.gibson.cm… Tue, 08/29/2023 - 12:22705.1 - Purchasing - Bidding
705.1 - Purchasing - BiddingThe board supports economic development in Iowa. Purchases by the school district will be made in Iowa for Iowa goods and services from a locally-owned business located within the school district or from an Iowa-based company which offers these goods or services if the cost and other considerations are relatively equal and they meet the required specifications.
It is the responsibility of the superintendent to approve purchases, except those authorized by or requiring direct board action. The superintendent may coordinate and combine purchases with other governmental bodies to take advantage of volume price breaks. Joint purchases with other political subdivisions will be considered in the purchase of equipment, accessories or attachments with an estimated cost of $50,000 or more.
The superintendent will have the authority to authorize purchases without competitive bids for goods and services costing under $5,000 without prior board approval. For goods and services costing more than $5,000 and less than $25,000, the superintendent will receive quotes of the goods and services to be purchased prior to approval of the board. Competitive sealed bids are required for purchases, other than emergency purchases, for goods and services that cost $25,000 or more, including school buses.
The purchase will be made from the lowest responsible bidder based upon total cost considerations including, but not limited to, the cost of the goods and services being purchased, availability of service and/or repair, delivery date, the targeted small business procurement goal and other factors deemed relevant by the board.
The board and the superintendent will have the right to reject any or all bids, or any part thereof, and to re-advertise. If it is determined that a targeted small business which bid on the project may be unable to perform the contract, the superintendent will notify the Department of Economic Development. The board will enter into such contract or contracts as the board deems in the best interests of the school district.
Legal Reference: Iowa Code §§ 18.6(9); 23A; 28E.20; 72.3; 73; 73A; 285.10(3), .10(7); 301 (2001).
261 I.A.C. 54.
281 I.A.C. 43.25.
481 I.A.C. 25.
1984 Op. Att'y Gen. 115.
1974 Op. Att'y Gen. 171.
Cross Reference: 705 Expenditures
801.4 Site Acquisition
802 Maintenance, Operation and Management
803 Selling and Leasing
Approved 01-15-90
Reviewed 08-18-03; 11-20-06; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03; 12-18-06
705.2 - Purchasing on Behalf of Employees
705.2 - Purchasing on Behalf of EmployeesGenerally, the school district will not purchase items on behalf of employees. The school district may in unusual and unique circumstances do so. It is within the discretion of the board to determine when unique and unusual circumstances exist.
No purchase is made unless the employee has paid the school district prior to the order being placed and the employee has agreed to be responsible for any taxes or other expenses due.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 703 Budget
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
705.3 - Payment for Goods and Services
705.3 - Payment for Goods and ServicesThe board authorizes the issuance of warrants for payment of claims against the school district for goods and services. The board will allow the warrants after the goods and services have been received and accepted in compliance with board policy and the claims audited by the board.
Claims for payment of freight, drayage, express, postage, printing, water, lights, telephone, rents, and payment of salaries pursuant to the terms of a written contract may be paid by the board secretary-treasurer prior to formal audit and approval by the board. In addition, the secretary-treasurer, upon approval of the superintendent, may issue warrants for verified bills filed with the secretary-treasurer when the board is not in session prior to payment and prior to audit and approval by the board. The board secretary-treasurer will examine the claims and verify bills.
The secretary-treasurer will determine to the secretary-treasurer's satisfaction that the claims presented to the board are in order and are legitimate expenses of the school district. It is the responsibility of the secretary-treasurer to bring claims to the board.
The board president and board secretary-treasurer may sign warrants by use of a signature plate or rubber stamp. If the board president is unavailable to personally sign warrants, the vice president may sign warrants on behalf of the president.
It is the responsibility of the superintendent to develop the administrative regulations regarding this policy.
Legal Reference: Iowa Constitution, Art. III § 31.
Love v. City of Des Moines, 210 Iowa 90, 230 N.W. 373 (1930).
Iowa Code §§ 279.8, .29, .30, .36; 291.12; 721.2(5) (2001).
281 I.A.C. 12.3(1).
1980 Op. Att'y Gen. 102, 160, 720.
1976 Op. Att'y Gen. 69.
1972 Op. Att'y Gen. 130, 180, 392, 456, 651.
1936 Op. Att'y Gen. 375.
Cross Reference: 705 Expenditures
Approved 01-15-90
Reviewed 08-17-92; 08-18-03; 12-15-08; 03-19-12; 08-20-13; 07-13-16
Revised 09-21-92; 09-17-03; 09-17-13
706 - Payroll Procedures
706 - Payroll Procedures dawn.gibson.cm… Tue, 08/29/2023 - 12:16706.1 - Payroll Periods
706.1 - Payroll PeriodsThe payroll period for the school district is monthly. Employees are paid on the 21st day of each month. If this day is a holiday, recess, or weekend, the payroll is paid on the last working day prior to the holiday, recess or weekend.
It is the responsibility of the board secretary-treasurer to issue payroll to employees in compliance with this policy.
The requirements stated in the Master Contract between employees in a certified collective bargaining unit and the board regarding payroll periods of such employees will be followed.
Legal Reference: Iowa Code §§ 20.9; 91A.2(4), .3 (2001).
Cross Reference: 706.2 Payroll Deductions
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
706.2 - Payroll Deductions
706.2 - Payroll DeductionsEase of administration is the primary consideration for payroll deductions, other than those required by law. Payroll deductions are made for federal income tax withholdings, Iowa income tax withholdings, social security, and the Iowa Public Employees' Retirement System.
Employees may elect to have payments withheld for professional dues, and district-related and mutually agreed upon group insurance coverage. Requests for these deductions will be made in writing to the superintendent.
It is the responsibility of the superintendent to determine which additional payroll deductions will be allowed.
The requirements stated in the Master Contract between employees in a certified collective bargaining unit and the board regarding payroll deductions of such employees will be followed.
Legal Reference: Iowa Code §§ 91A.2(4), .3; 294.8-.9, .15-.16; 422 (2001).
Cross Reference: 406.6 Licensed Employee Tax Shelter Programs
412.4 Classified Employee Tax Shelter Programs
706.1 Payroll Periods
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03; 02-09-09
707 - Fiscal Reports
707 - Fiscal Reports dawn.gibson.cm… Tue, 08/29/2023 - 11:42707.1 - Secretary’s Reports
707.1 - Secretary’s ReportsThe board secretary-treasurer will report to the board each month about the receipts, disbursements and balances of the various funds. This report will be in written and/or electronic form and sent to the board with the agenda for the board meeting.
Legal Reference: Iowa Code §§ 279.8; 291.7 (2001).
Cross Reference: 206.3 Secretary-Treasurer
211.1 Annual Meeting
707 Fiscal Reports
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03; 04-16-12
707.2 - Treasurer’s Annual Report
707.2 - Treasurer’s Annual ReportAt the annual meeting, the secretary-treasurer will give the annual report stating the amount held over, received, paid out, and on hand in the general and schoolhouse funds. This report is in written form and sent to the board with the agenda for the board meeting. The secretary-treasurer will also furnish the board with a sworn statement from each depository showing the balance then on deposit.
It is the responsibility of the secretary-treasurer to submit this report to the board annually.
Legal Reference: Iowa Code §§ 279.31, .33 (2001).
Cross Reference: 206.4 Treasurer [or 206.3, Secretary-Treasurer]
211.1 Annual Meeting
707 Fiscal Reports
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
707.3 - Publication of Financial Reports
707.3 - Publication of Financial ReportsEach month the schedule of bills allowed by the board is published in a newspaper designated as a newspaper for official publication. Annually, the total salaries paid to employees regularly employed by the school district will also be published in a newspaper designated as a newspaper for official publication.
It is the responsibility of the board secretary-treasurer to publish these reports in a timely manner.
Legal Reference: Iowa Code §§ 279.35, .36; 618 (2001).
1952 Op. Att'y Gen. 133.
Cross Reference: 206.3 Secretary-Treasurer
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
707.4 - Audit
707.4 - AuditTo review the funds and accounts of the school district, the board will employ an auditor to perform an annual audit of the financial affairs of the school district. The superintendent will use a request for proposal procedure in selecting an auditor. The administration will cooperate with the auditors.
Legal Reference: Iowa Code § 11.6 (2001).
Cross Reference: 701 Financial Accounting System
707 Fiscal Reports
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
707.5 - Internal Controls
707.5 - Internal ControlsThe Board expects all board members, employees, volunteers, consultants, vendors, contractors, students and other parties maintaining any relationship with the school district to act with integrity, due diligence, and in accordance with all laws in their duties involving the school district’s resources. The board is entrusted with public dollars and no one connected with the school district should do anything to erode that trust.
Internal control is the responsibility of all employees of the school district. The superintendent, business manager and board secretary shall be responsible for developing internal controls designed to prevent and detect fraud, financial impropriety, or fiscal irregularities within the school district subject to review and approval by the board. Administrators shall be alert for any indication of fraud, financial impropriety, or irregularity within the administrator’s area of responsibility.
Any employee who suspects fraud, impropriety, or irregularity shall report their suspicions immediately to his/her immediate supervisor, or the superintendent. The superintendent shall have primary responsibility for any necessary investigations and shall coordinate investigative efforts with the board’s legal counsel, auditing firm, and other internal or external departments and agencies, including law enforcement officials, as the superintendent may deem appropriate.
Employees bringing forth a legitimate concern about a potential impropriety will not be retaliated against and those who do retaliate against such an employee will be subject to disciplinary action up to, and including, discharge.
In the event the concern or complaint involves the superintendent, the concern shall be brought to the attention of the board vice-president, who shall be empowered to contact the board’s legal counsel, insurance agent, auditing firm, and any other agency to investigate the concern or complaint.
Upon approval of the board, the superintendent, may contact the State Auditor or elect to employ the school district’s auditing firm or State Auditor to conduct a complete or partial forensic/internal control/SAS99 audit annually or otherwise as often as deemed necessary. The superintendent is authorized to order a complete forensic audit if, in the superintendent’s judgment, such an audit would be useful and beneficial to the school district. The superintendent shall ensure the State Auditor is notified of any suspected embezzlement or theft pursuant to Iowa law. In the event, there is an investigation, records will be maintained for use in the investigation. Individuals found to have altered or destroyed records will be subject to disciplinary action, up to, and including termination.
Legal References: American Competitiveness and Corporate Accountability Act of 2002,
Pub. L. No. 107-204.
Iowa Code ch. 11, 279.8 (2005).
Cross References: 707.6 Audit Committee
Approved 12-18-06
Reviewed 11-20-06; 12-15-08; 03-19-12; 07-13-16
Revised _________
707.5R1 - Internal Controls Procedures
707.5R1 - Internal Controls ProceduresFraud, financial improprieties, or irregularities include, but are not limited to:
- Forgery or unauthorized alteration of any document or account belonging to the district.
- Forgery or unauthorized alteration of a check, bank draft, or any other financial document.
- Misappropriation of funds, securities, supplies, or other assets.
- Impropriety in the handling of money or reporting of financial transactions.
- Profiteering because of “insider” information of district information or activities.
- Disclosing confidential and/or proprietary information to outside parties.
- Accepting or seeking anything of material value, other than items used in the normal course of advertising, from contractors, vendors, or persons providing services to the district.
- Destroying, removing, or inappropriately using district records, furniture, fixtures, or equipment.
- Failing to provide financial records to authorized state or local entities.
- Failure to cooperate fully with any financial auditors, investigators or law enforcement.
- Any other dishonest or fraudulent act involving district monies or resources.
The superintendent shall investigate reports of fraudulent activity in a manner that protects the confidentiality of the parties and the facts. All employees involved in the investigation shall be advised to keep information about the investigation confidential.
If an investigation substantiates the occurrence of a fraudulent activity, the superintendent or board vice-president if the investigation centers on the superintendent, shall issue a report to the board and appropriate personnel. The final disposition of the matter and any decision to file or not file a criminal complaint or to refer the matter to the appropriate law enforcement and/or regulatory agency for independent investigation shall be made in consultation with district legal counsel. The results of the investigation shall not be disclosed to or discussed with anyone other than those individuals with a legitimate right to know until the results are made public.
708 - Care, Maintenance and Disposal of School District Records
708 - Care, Maintenance and Disposal of School District RecordsSchool district records are housed in the central administration office of the school district. It is the responsibility of the superintendent to oversee the maintenance and accuracy of the records. The following records are kept and preserved according to the schedule below:
· Secretary's financial records Permanently
· Treasurer's financial records Permanently
· Minutes of the Board of Directors Permanently
· Annual audit reports Permanently
· Annual budget Permanently
· Permanent record of individual pupil Permanently
· Records of payment of judgments against the school district 20 years
· Bonds and bond coupons 10 years
· Written contracts 10 years
· Cancelled warrants, check stubs, bank accounts statements, bills,
invoices, and related records 5 years
· Recordings of closed meetings 1 year
· Program grants As determined by the grant
· Nonpayroll personnel records 7 years
· Payroll records 3 years
Employees' records are housed in the central administration office of the school district. The employees' records are maintained by the superintendent, the building administrator, the employee's immediate supervisor, and the board secretary-treasurer.
An inventory of the furniture, equipment, and other nonconsumable items other than real property of the school district is conducted annually under the supervision of the superintendent. This report is filed with the board secretary-treasurer.
A perpetual inventory is maintained on consumable property of the school district.
The permanent and cumulative records of students currently enrolled in the school district are housed in the central administration office of the attendance center where the student attends. Permanent records must be housed in a fireproof vault. The building administrator is responsible for keeping these records current. Records of students who have graduated or are no longer enrolled in the school district are housed in the central administrative office. These records will be maintained by the superintendent.
The superintendent may digitally save school district records and may destroy paper copies of the records if they are more than three years old. A properly authenticated reproduction of a microfilmed record meets the same legal requirements as the original record.
Legal Reference: City of Sioux City v. Greater Sioux City Press Club, 421 N.W.2d 895 (Iowa 1988).
City of Dubuque v. Telegraph Herald, Inc., 297 N.W.2d 523 (Iowa 1980).
Iowa Code §§ 22.3, .7; 279.8, .15, .16; 304 (2001).
281 I.A.C. 12.3(6).
Cross Reference: 206.3 Secretary
215 Board of Directors' Records
401.5 Employee Records
506 Student Records
901 Public Examination of School District Records
Approved 01-15-90
Reviewed 08-18-03; 03-19-12; 07-13-16
Revised 09-17-03; 04-16-12
709 - Insurance Program
709 - Insurance ProgramThe board will maintain a comprehensive insurance program to provide adequate coverage against major types of risk, loss, or damage, as well as legal liability. The board will purchase insurance at replacement values, when possible, after reviewing the costs and availability of such insurance. The comprehensive insurance program is reviewed once every three years. Insurance will only be purchased through legally licensed Iowa insurance agents.
The school district will assume the risk of property damage, legal liability, and dishonesty in cases in which the exposure is so small or dispersed that a loss does not significantly affect the operation of the education program or financial condition of the school district.
Insurance of buildings, structures, or property in the open will not generally be purchased to cover loss exposures below $250 unless such insurance is required by statute or contract.
The board may retain a private organization for fixed assets management services.
Administration of the insurance program, making recommendations for additional insurance coverage, placing the insurance coverage and loss prevention activities is the responsibility of the superintendent. The superintendent is responsible for maintaining the fixed assets management system, processing claims and maintaining loss records.
Legal Reference: Iowa Code §§ 20.9; 85.2; 279.12, .28; 285.5(6), .10(6); 296.7; 298A; 517A.1; 670.7 (2001).
1974 Op. Att'y Gen. 171.
1972 Op. Att'y Gen. 676.
Cross Reference: 205.2 Board Member Liability
804 Safety Program
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
710 - School Food Services
710 - School Food Services dawn.gibson.cm… Tue, 08/29/2023 - 11:17710.1 - School Food Program
710.1 - School Food ProgramThe school district will operate a school lunch and breakfast program in each attendance center. The school food program services will include hot lunches through participation in the National School Lunch Program and supplementary foods for students during the school day. Students may bring their lunches from home and purchase milk or juice and other incidental items.
The school food program is operated on a nonprofit basis. The revenues of the school food program will be used only for paying the regular operating costs of the school food program. Supplies of the school food program will only be used for the school food program.
The board will set, and periodically review, the prices for school lunches, breakfast and special milk programs. It is the responsibility of the superintendent to make a recommendation regarding the prices of school lunch, breakfast and milk.
Legal Reference: 42 U.S.C. §§ 1751 et seq. (2010).
7 C.F.R. Pt. 210 et seq. (2010).
Iowa Code ch. 283A (2013).
281 I.A.C. 58.
Cross Reference: 710 School Food Services
905 Use of School District Facilities and Equipment
Approved 10-22-14
Reviewed 09-10-14; 07-13-16
Revised 10-22-14
710.2 - Free or Reduced Cost Meals Eligibility
710.2 - Free or Reduced Cost Meals EligibilityStudents enrolled and attending school in the school district, who are unable to afford the cost or a portion of the cost of the school lunch, breakfast and supplemental foods, will be provided the school food program services at no cost or at a reduced cost.
It is the responsibility of the building principal to determine if a student qualifies for free or reduced cost school food services. Students, whom the principal believes are improperly nourished, will not be denied the school food program services simply because the paperwork has not been completed.
Employees, students and others will be required to purchase tickets for meals consumed.
It is the responsibility of the superintendent to develop administrative regulations for implementing this policy.
Legal Reference: 42 U.S.C. §§ 1751 et seq. (1994).
7 C.F.R. Pt. 210 et seq. (1999).
Iowa Code ch. 283A (2001).
281 I.A.C. 58.
Cross Reference: 710 School Food Services
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
710.3 - Vending Machines
710.3 - Vending MachinesFood served or purchased by students during the school day and food served or purchased for other than special circumstances is approved by the superintendent. Vending machines in the school building are the responsibility of the building principal. Purchases from the vending machines, other than juice and milk machines, will not be made during the lunch periods.
It is the responsibility of the superintendent to develop administrative regulations for the use of vending machines and other sales of food to students.
Legal Reference: 42 U.S.C. §§ 1751 et seq. (1994).
7 C.F.R. Pt. 210 et seq. (1999).
Iowa Code ch. 283A (2001).
281 I.A.C. 58.
Cross Reference: 504.5 Student Fund Raising
710 School Food Services
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03; 02-09-09
711 - Transportation
711 - Transportation dawn.gibson.cm… Tue, 08/29/2023 - 10:55711.1 - Student School Transportation Eligibility
711.1 - Student School Transportation EligibilityElementary and middle school students living more than two miles from their designated school attendance centers and high school students living more than three miles from their designated attendance centers are entitled to transportation to and from their attendance center at the expense of the school district.
Transportation of students who require special education services will generally be provided as for other students, when appropriate. Specialized transportation of a student to and from a special education instructional service is a function of that service and, therefore, an appropriate expenditure of special education instructional funds generated through the weighting plan.
Transportation of a student to and from a special education support service is a function of that service, and is specified in the individualized education program or the individualized family service plan (IFSP). When the IEP team determines that unique transportation arrangements are required and the arrangements are specified in the IEP or IFSP, the school district will provide one or more of the following transportation arrangements for instructional services and the AEA for support services:
· Transportation from the student's residence to the location of the special education and back to the student's residence, or child care placement for students below the age of six.
· Special assistance or adaptations in getting the student to and from and on and off the vehicle, en route to and from the special education.
· Reimbursement of the actual costs of transportation when by mutual agreement the parents provide transportation for the student to and from the special education.
The school district is not required to provide reimbursement to parents who elect to provide transportation in lieu of agency-provided transportation.
A student may be required, at the board's discretion, to meet a school vehicle without reimbursement up to three-fourths of a mile. The board may require the parent to transport their children up to two miles to connect with school bus vehicles at the expense of the school district when conditions deem it advisable. It is within the discretion of the board to determine such conditions. Parents of students who live where transportation by bus is impracticable or unavailable may be required to furnish transportation to and from the designated attendance center at the expense of the school district. Parents, who transport their children at the expense of the school district, are reimbursed at the rate per mile set by the state.
Transportation arrangements made by agreement with a neighboring school district will follow the terms of the agreement. Students, who choose to attend a school in a school district other than their resident school district, will provide transportation to and from the school at their own expense.
Legal Reference: 20 U.S.C. §§ 1401, 1701 et seq. (1994).
34 C.F.R. Pt. 300 et seq. (1999).
Iowa Code §§ 256B.4; 285; 321 (2001).
281 I.A.C. 41.98; 43.
Cross Reference: 501.16 Homeless Children and Youth
507.8 Student Special Health Services
603.3 Special Education
711 Transportation
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
711.2 - Student Conduct on School Transportation
711.2 - Student Conduct on School TransportationStudents utilizing school transportation will conduct themselves in an orderly manner fitting to their age level and maturity with mutual respect and consideration for the rights of the school vehicle driver and the other passengers. Students who fail to behave in an orderly manner will be subject to disciplinary measures.
The driver will have the authority to maintain order on the school vehicle. It is the responsibility of the driver to report misconduct to the building administrator.
Those students guilty of flagrant, repeated, or gross disobedience or misconduct on school buses are subject to suspension within the guidelines of board policy. Continued violation of bus rules will be considered sufficient cause for refusing to transport the student(s) involved, and may lead to suspension from school, depending upon the seriousness of the matter. Students disciplined for misconduct on the school bus or other school transportation shall be accorded the due process.
It is the responsibility of the superintendent, in conjunction with the building principal, to develop administrative regulations regarding student conduct and discipline when utilizing school district transportation.
Legal Reference: Iowa Code §§ 279.8; 285; 321 (2007).
Cross Reference: 503 Student Discipline
506 Student Records
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
711.2R1 - Student Conduct on School Transportation Regulation
711.2R1 - Student Conduct on School Transportation RegulationAll persons riding in school district vehicles will adhere to the following rules. The driver, sponsor or chaperones are to follow the school bus discipline procedure for student violations of this policy. Video cameras may be in operation on the school buses.
1. Bus riders will be at the designated loading point before the bus arrival time.
2. Bus riders will wait until the bus comes to a complete stop before attempting to enter.
3. Riders must not extend arms or heads out of the windows at any time.
4. Aisles must be kept cleared at all times.
5. All bus riders will load and unload through the right front door. The emergency door is for emergencies only.
6. A bus rider will depart from the bus at the designated point unless written permission to get off at a different location is given to the driver.
7. A rider may be assigned a seat by the driver.
8. Riders who damage seats or other equipment will reimburse the district for the cost of the repair or replacement.
9. Riders are not permitted to leave their seats while the vehicle is in motion.
10. Waste containers are provided on all buses for bus riders' use.
11. Permission to open windows must be obtained from the driver.
12. Classroom conduct is to be observed by students while riding the bus except for ordinary conversation.
13. The driver is in charge of the students and the vehicle, and the driver is to be obeyed promptly and cheerfully.
14. Students will assist in looking after the safety and comfort of younger students.
15. A bus rider who must cross the roadway to board or depart from the bus will pass in front of the bus (no closer than 10 feet), look in both directions and proceed to cross the road or highway only on signal from the driver.
16. Students will not throw objects about the vehicle nor out through the windows.
17. Shooting paper wads, squirt guns or other material in the vehicle is not permitted.
18. Students will keep feet off the seats.
19. Roughhousing in the vehicle is prohibited.
20. Students will refrain from crowding or pushing.
21. The use or possession of alcohol, tobacco or look-alike substances is prohibited in the vehicle.
22. The Good Conduct Rule is in effect.
Approved 09-17-03
Reviewed 12-15-08; 03-19-12
Revised ________
711.2A - Use of Video Cameras on School Busses Regulation
711.2A - Use of Video Cameras on School Busses RegulationThe board supports the use of video cameras on school buses as a means to monitor and maintain a safe environment for students and employees. In view of the fact that a bus is an extension of the classroom, the Board will require children to conduct themselves in the bus in a manner consistent with established standards for classroom behavior.
The video cameras may be used on buses for transportation to and from school, field trips, curricular events and extracurricular events. The contents of the videotapes may be used as evidence in disciplinary proceedings for a student, as well as for persons on the bus who have student management responsibility.
Students and Employee Records The content of the videotapes is a record subject to board policy and administrative regulations regarding confidential student and employee records. Only those persons with a legitimate educational purpose may view the videotapes. In most instances, those individuals with legitimate educational purpose may be the superintendent, building principal, transportation director, bus driver and special education staffing team. A videotape recording during a school-sponsored trip, such as an athletic event, may also be accessible to the sponsor or coach of the activity. If the content of the videotape becomes the subject of a disciplinary proceeding, it may be treated like other evidence in the proceeding.
Notice
The school district will annually provide the following notice:
The Gilmore City-Bradgate Community School District Board of Directors has authorized the use of video cameras on school district buses. The video cameras will be used to monitor student and employee behavior to maintain order on the school buses, to promote and maintain a safe environment. Students, parents and school district employees are hereby notified that the content of the videotape may be used in a disciplinary proceeding. The content of the videotapes are confidential records and will be retained with other student and employee records. Videotapes will only be retained if necessary for use in a disciplinary proceeding or other matters as determined necessary by the administration. All persons involved in a disciplinary proceeding may request to view videotapes if the videotapes are to be used as evidence.
Review of Videotapes The school district will review videotapes when necessary as a result of an incident reported. The videotapes may be re-circulated for erasure after 10 days. Viewing of videotapes is limited to the individuals having a legitimate educational purpose. A written log will be kept of those individuals viewing the videotapes stating the time, name of individual viewing and the date the videotape was viewed.
Video Monitoring System Determination of how video cameras will be used and which school buses will be equipped with video equipment will be made by the superintendent in consultation with the building principals and transportation director.
Employees and Students are prohibited from tampering with the video cameras, and associated electronic components, on the school buses. Those found in violation of this regulation will be disciplined in accordance with the school district employee policy and Good Conduct Rules, and will reimburse the school district for any repairs or replacement necessary as a result of the tampering.
Approved 03-20-06
Reviewed 12-15-08; 03-19-12
Revised_________
711.3 - Student Transportation for Extra Curricular Activities
711.3 - Student Transportation for Extra Curricular ActivitiesThe board in its discretion may provide school district transportation for extracurricular activities including, but not limited to, transporting student participants and other students to and from extracurricular events.
Students participating in extracurricular events, other than those held at the school district facilities, may be transported to the extracurricular event by school district transportation vehicles or by another means approved by the superintendent. Students attending extracurricular events, other than those held at the school district facilities may be transported to the extracurricular event by school district transportation vehicles.
Students, who are provided transportation in school district transportation vehicles for extracurricular events, will ride both to and from the event in the school vehicle unless arrangements have been made with the building principal prior to the event. A student's parent may personally appear and request to transport the student home from a school-sponsored event in which the student traveled to the event on a school district transportation vehicle.
It is the responsibility of the superintendent to make a recommendation to the board annually as to whether the school district will provide the transportation authorized in this policy. In making the recommendation to the board, the superintendent will consider the financial condition of the school district, the number of students who would qualify for such transportation, and other factors the board or superintendent deem relevant.
Legal Reference: Iowa Code §§ 256B.4; 285.1-.4; 321 (2001).
281 I.A.C. 41.98; 43.
Cross Reference: 504 Student Activities
711 Transportation
Approved 01-15-90
Reviewed 04-20-92; 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 05-18-92; 09-17-03
711.4 - Summer School Program Transportation Service
711.4 - Summer School Program Transportation ServiceThe school district may use school vehicles for transportation to and from summer extracurricular activities. The superintendent will make a recommendation to the board annually regarding their use.
Transportation to and from the student's attendance center for summer school instructional programs is within the discretion of the board. It is the responsibility of the superintendent to make a recommendation regarding transportation of students in summer school instructional programs at the expense of the school district. In making the recommendation to the board, the superintendent will consider the financial condition of the school district, the number of students involved in summer school programs, and other factors deemed relevant by the board or the superintendent.
Legal Reference: Iowa Code § 285.10 (2001).
281 I.A.C. 43.10.
Cross Reference: 603.2 Summer School Instruction
711 Transportation
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
711.5 - Transportation of Nonresident and Nonpublic School Students
711.5 - Transportation of Nonresident and Nonpublic School StudentsThe board has sole discretion to determine the method to be utilized for transporting nonresident and nonpublic students. Nonresident students paying tuition may be, and resident students attending a nonpublic school accredited by the State Department of Education, will be transported on an established public school vehicle route as long as such transportation does not interfere with resident public students' transportation. Nonresident and nonpublic school students will obtain the permission of the superintendent prior to being transported by the school district.
Parents of resident students who provide transportation for their children attending a nonpublic school accredited by the Iowa Department of Education will be reimbursed at the established state rate. This reimbursement is paid only if the school district receives the funds from the state. If less than the amount of funds necessary to fully reimburse parents of the nonpublic students is received by the school district, the funds will be prorated.
The charge to the nonresident students is determined based on the students' pro rata share of the actual costs for transportation. The parents of these students are billed for the student's share of the actual costs of transportation. The billing is according to the schedule developed by the superintendent. It is the responsibility of the superintendent to determine the amount to be charged and report it to the board secretary for billing.
Continued transportation of nonresident and nonpublic school students on a public school vehicle route will be subject to resident public school students' transportation needs. The superintendent will make a recommendation annually to the board regarding the method to be used. In making a recommendation to the board, the superintendent will consider the number of students to be transported, the capacity of the school vehicles, the financial condition of the school district and other factors deemed relevant by the board or the superintendent.
Nonresident and nonpublic school students are subject to the same conduct regulations as resident public students as prescribed by board policy, and to other policies, rules, or regulations developed by the school district regarding transportation of students by the school district.
Legal Reference: Iowa Code §§ 285.1-.2, .10, .16 (2001).
Cross Reference: 711 Transportation
Approved 01-15-90
Reviewed 08-15-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
711.6 - Transportation of Nonschool Groups
711.6 - Transportation of Nonschool GroupsOnly in unusual circumstances will the board make school district transportation vehicles available to local nonprofit entities which promote cultural, educational, civic, community, or recreational activities for transporting to and from non-school-sponsored activities in the state.
In the event school district transportation vehicles are made available to local nonprofit entities, it is the responsibility of the superintendent to develop administrative regulations for application for, use of, and payment for using the school district transportation vehicles.
Legal Reference: Iowa Code §§ 285.1(21), .10(9), (10) (2001).
281 I.A.C. 43.10.
Cross Reference: 711 Transportation
900 Principles and Objectives for Community Relations
Approved 09-15-03
Reviewed 12-15-08; 03-19-12; 07-13-16
Revised __________
711.7 - School Bus Safety Instruction
711.7 - School Bus Safety InstructionThe school district will conduct school bus safe riding practices instruction and emergency safety drills once a year for students who utilize school district transportation.
Each school bus vehicle will have, in addition to the regular emergency safety drill, a plan for helping those students who require special assistance to safety during an emergency. This will include, but not be limited to, students with disabilities.
School district vehicle drivers are required to attend each safety drill.
Employees are responsible for instructing the proper techniques to be followed during an emergency, as well as safe riding practices. It is the responsibility of the superintendent to develop administrative regulations regarding this policy.
Legal Reference: Iowa Code §§ 279.8; 321 (2001).
281 I.A.C. 43.40.
Cross Reference: 503 Student Discipline
507 Student Health and Well-Being
804.2 Warning Systems and Emergency Plans
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 08-17-03
711.8 - Transportation in Inclement Weather
711.8 - Transportation in Inclement WeatherSchool district buses will not operate when weather conditions due to fog, rain, snow or other natural elements make it unsafe to do so. Because weather conditions may vary around the school district and may change quickly, the best judgment possible will be used with the information available.
The final judgment as to when conditions are unsafe to operate will be made by the superintendent. The superintendent will be assisted by the actual "on location" decisions and reports of the drivers.
Several drivers each year will be specially designated to report weather and road conditions by bus radio when requested to do so. Other drivers and students will be notified by commercial radio when school is cancelled or temporarily delayed. When school is cancelled because of weather anywhere in the school district, all schools will be closed.
When weather conditions deteriorate during the day after school has begun, cancellation notices will be announced by commercial radio, television and internet. Students will be returned to their regular drop-off sites unless weather conditions prevent it. In that case, students will be kept at or returned to school until they are picked up by the parents.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 601.2 School Day
Approved 01-15-90
Reviewed 08-18-03; 12-15-08; 03-19-12; 07-13-16
Revised 09-17-03
800 - BUILDINGS AND SITES
800 - BUILDINGS AND SITES dawn.gibson.cm… Tue, 08/29/2023 - 12:54800 - Objectives of Buildings & Sites
800 - Objectives of Buildings & SitesThis series of the board policy manual sets forth the board objectives and goals for the school district's buildings and sites. It is the goal of the board to provide sufficient school district buildings and sites for the education program. The board will strive to provide an environment which will encourage and support learning.
In providing this environment the school district buildings and sites will accommodate the organizational and instructional patterns that support the education program. The board has final authority to determine what is necessary to meet the needs of the education program.
It is the responsibility of the superintendent to oversee the day-to-day operations of the school buildings and sites and to notify the board of areas in need of improvement.
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 05-21-12; 08-10-16
Revised 09-17-03
801 - Site Acquisition and Building Construction
801 - Site Acquisition and Building Construction dawn.gibson.cm… Tue, 08/29/2023 - 13:18801.1 - Buildings & Sites Long Range Planning
801.1 - Buildings & Sites Long Range PlanningAs part of the board's long range plan for the school district's education program, the board will include the buildings and sites needs for the education program. The long-term needs for building and sites will be discussed and determined by the board.
It is the responsibility of the superintendent to provide information including, but not limited to, enrollment projections and education program requirements to the board.
Legal Reference: Iowa Code §§ 280.3, .12, .14; 297 (2001).
Cross Reference: 103 Long-Range Needs Assessment
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 05-21-12; 08-10-16
Revised 09-17-03
801.2 - Buildings & Sites Surveys
801.2 - Buildings & Sites SurveysThe board may engage the services of consultants or other personnel to study the needs of the school district's buildings and sites in providing the education program. The results of these services will be considered in planning the education program and in making decisions about the improvement and acquisition of additional buildings and sites.
It is the responsibility of the superintendent to make a recommendation to the board regarding the need for such services and who should perform such services for the board.
Legal Reference: Iowa Code §§ 280.3, .14; 297 (2001).
Cross Reference: 103 Long-Range Needs Assessment
801 Site Acquisition and Building Construction
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 05-21-12; 08-10-16
Revised 09-17-03
801.3 - Educational Specifications for Buildings & Sites
801.3 - Educational Specifications for Buildings & SitesBuildings and sites considered for purchase or construction by the board or currently owned by the school district and used for the education program must meet, or upon improvement be able to meet, the specifications set by the board. The board will make this determination.
Prior to construction or renovation of buildings and sites the specifications must be endorsed, when the cost is $25,000 or more, by the Iowa Department of Education. The board may set standards in addition to the requirements of the Iowa Department of Education for school district buildings and sites.
Prior to remodeling or other construction of buildings and sites, the board may appoint a committee of consultants, employees, citizens, or others to assist the board in developing the specifications for the new or improved buildings and sites. These specifications will be consistent with the education program, and they will provide the architect with the information necessary to determine what is expected from the facility. It is within the discretion of the board to determine whether a committee is appointed.
The education specifications will include, but not be limited to, the financial resources available for the project, the definition and character of classrooms, the functional use to be made of the rooms, description of specialized needs, and other pertinent information as the board deems necessary.
It is the responsibility of the superintendent to make a recommendation to the board regarding the specifications of buildings and sites.
Legal Reference: Cedar Rapids Community School District, Linn County v. City of Cedar Rapids, 252 Iowa 205, 106 N.W.2d 655 (1960).
Iowa Code §§ 73A.2, .18; 280.3, .14; 297; 544A (2001).
1974 Op. Att'y Gen. 529.
Cross Reference: 801 Site Acquisition and Building Construction
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 05-21-12; 08-10-16
Revised 09-17-03; 02-09-09
801.4 - Site Acquisition
801.4 - Site AcquisitionSites acquired by the board will meet or, upon improvement, be able to meet the specifications set out by the board prior to using the site for the education program. The board may meet in closed session to discuss potential purchases of sites.
It is the responsibility of the superintendent to assist the board and to make recommendations concerning the acquisition of sites.
Legal Reference: Iowa Code §§ 21.5(j); 297 (2001).
Cross Reference: 212 Closed Sessions
705.1 Purchasing - Bidding
801 Site Acquisition and Building Construction
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 05-21-12; 08-10-16
Revised 09-17-03
801.5 - Bids and Awards for Construction Contracts
801.5 - Bids and Awards for Construction ContractsThe board supports economic development in Iowa, particularly in the school district community. Construction contracts will be made in the school district community or in Iowa from Iowa-based companies if the bids submitted are comparable in quality and can be received without additional cost in comparison to those submitted by other bidders. The board will have the authority to approve or retain construction contracts.
Public, competitive sealed bids are required for construction projects, including renovation and repair, with a cost exceeding the statutory minimums required by law. The public, competitive sealed bid requirement is waived in the case of emergency repairs when the repairs are necessary to prevent the closing of a school. The AEA administrator will certify that the emergency repairs are necessary to prevent the closing of a school. The superintendent will comply with the competitive quote process for those projects subject to the competitive quote law. The superintendent will determine the process for obtaining quotes for projects below the competitive quote limit. The board shall approve the quote for the project.
The award of construction contracts will, generally, be made to the lowest responsible bidder. The board, in its discretion, after considering factors relating to the construction, including, but not limited to, the cost of the construction, availability of service and/or repair, completion date, and any other factors deemed relevant by the board, may choose a bid other than the lowest bid. The board will have the right to reject any or all bids, or any part thereof, and to enter into the contract or contracts deemed to be in the best interests of the school district.
It is the responsibility of the superintendent to make a recommendation and the reason for it to the board for construction contract bids and which bid to accept. The board secretary shall recommend, to the board, which bid to accept.
Legal Reference: Iowa Code §§ 72; 73; 73A.2, .18; 297.7-.8 (2001).
Cross Reference: 705 Expenditures
801 Site Acquisition and Building Construction
Approved 01-15-90
Reviewed 08-18-03; 11-02-06; 01-19-09; 05-21-12; 08-10-16
Revised 09-17-03; 12-18-06
802 - Maintenance and Operation Management
802 - Maintenance and Operation Management dawn.gibson.cm… Tue, 08/29/2023 - 13:05802.1 - Maintenance Schedule
802.1 - Maintenance ScheduleThe school district buildings and sites, including the grounds, buildings and equipment, will be kept clean and in good repair. Employees should notify the building principal when something is in need of repair or removal, including graffiti.
It is the responsibility of the superintendent to maintain the school district buildings and sites. As part of this responsibility, a maintenance schedule is created and adhered to in compliance with this policy.
Legal Reference: Iowa Code §§ 279.8; 280.3, .14 (2001).
Cross Reference: 502.2 Care of School Property/Vandalism
502.5 Student Lockers
802 Maintenance, Operation and Management
804.1 Facilities Inspections
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 05-21-12; 08-10-16
Revised 09-17-03
802.2 - Requests for Improvements
802.2 - Requests for ImprovementsGenerally, except for emergency situations, requests for improvements or repairs are made to the superintendent by building principals and the head custodian. Requirements for requests outlined in the maintenance schedule will be followed.
Minor improvements, not exceeding a cost of $5,000, may be approved by the superintendent. Improvements exceeding $5,000 must be approved by the board. Routine maintenance and repairs outlined in the maintenance schedule will be followed.
Legal Reference: Iowa Code §§ 279.8; 280.3, .14 (2001).
Cross Reference: 802.1 Maintenance Schedule
802.3 Emergency Repairs
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 05-21-12; 08-10-16
Revised 09-17-03
802.3 - Emergency Repairs
802.3 - Emergency RepairsIn the event an emergency requiring repairs in excess of $25,000 to a school district facility are necessary to correct or control the situation and to prevent the closing of school, the provisions relating to bidding will not apply.
It is the responsibility of the superintendent to obtain certification from the area education agency administrator stating such repairs in excess of $25,000 were necessary to prevent the closing of school.
It is the responsibility of the superintendent to notify the board as soon as possible considering the circumstances of the emergency.
Legal Reference: Iowa Code §§ 280.3, .14; 297.8 (2001).
Cross Reference: 705.1 Purchasing - Bidding
802 Maintenance, Operation and Management
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 05-21-12; 08-10-16
Revised 09-17-03
802.4 - Capital Assets
802.4 - Capital AssetsThe school district will establish and maintain a capital assets management system for reporting capitalized assets owned or under the jurisdiction of the school district in its financial reports in accordance with generally accepted accounting principles (GAAP) as required or modified by law; to improve the school district's oversight of capital assets by assigning and recording them to specific facilities and programs and to provide for proof of loss of capital assets for insurance purposes.
Capital assets, including tangible and intangible assets, are reported in the government-wide financial statements (i.e. governmental activities and business type activities) and the proprietary fund financial statements. Capital assets reported include school district buildings and sites, construction in progress, improvements other than buildings and sites, land and machinery and equipment. Capital assets reported in the financial reports will include individual capital assets with an historical cost equal to or greater than $2,500. The Federal regulations governing school lunch programs require capital assets attributable to the school lunch program with a historical cost of equal to or greater than $500 be capitalized. Additionally, capital assets are depreciated over the useful life of each capital asset.
All intangible assets with a purchase price equal to or greater than $25,000 with useful life of two or more years, are included in the intangible asset inventory for capitalization purposes. Such assets are recorded at actual historical cost and amortized over the designated useful lifetime applying a straight-line method of depreciation. If there are no legal, contractual, regulatory, technological or other factors that limit the useful life of the asset, then the intangible asset needs to be considered to have an indefinite useful life and no amortization should be recorded.
This policy applies to all intangible assets. If an intangible asset that meets the threshold criteria is fully amortized, the asset must be reported at the historical cost and the applicable accumulated amortization must also be reported. It is not appropriate to “net” the capital asset and amortization to avoid reporting. For internally generated intangible assets, outlays incurred by the government's personnel, or by a third-party contractor on behalf of the government, and for development of internally generated intangible assets should be capitalized.
The capital assets management system must be updated monthly to account for the addition/acquisition, disposal, relocation/transfer of capital assets. It is the responsibility of the superintendent to count and reconcile the capital assets with capital assets management system on June 30 each year.
It is the responsibility of the superintendent to develop administrative regulations implementing this policy. It will also be the responsibility of the superintendent to educate employees about this policy and its supporting administrative regulations.
Legal Reference: Iowa Code §§ 257.31(4); 279.8; 297.22-.25; 298A (2009).
Cross Reference: 709 Insurance Program
701.3 Financial Records
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 09-20-10; 05-21-12; 08-20-13; 08-10-16
Revised 09-17-03; 10-18-10; 09-17-13
802.4R1 - Capital Assets Regulation
802.4R1 - Capital Assets RegulationA. Capital Assets Management System
The superintendent, and/or other designated staff, shall:
1) Conduct the fixed assets physical count;
2) Develop the fixed assets listing;
3) Tag fixed assets included in the fixed assets management system with a bar code identification number;
4) Make a recommendation of a computer software program for managing the fixed assets management system;
5) Enter the necessary data into the fixed capital assets management system and compile the appropriate reports;
6) Develop forms and procedures for maintaining the integrity of the fixed capital assets management system; and,
7) Maintain responsibility for an accurate fixed capital assets management system.
B. Determining historical cost
1. The historical cost of a capital asset is based on the actual costs expended in making the capital assets serviceable.
2. Gifts of capital assets are valued at the estimated fair market value at the addition/acquisition date.
3. Fixed assets purchased under a capital lease are valued at historical cost of the net present value of the minimum lease payments on the addition/acquisition date.
4. The historical cost of capital assets must include capitalized interest.
C. Annual capital assets listing reconciliation
1. The superintendent, and/or other designated staff, in conjunction with the capital assets management team, will conduct an annual capital assets physical count to develop the annual capital assets listing in a manner similar to the initial capital assets listing process in B above. At least every three years, someone other than the person in custody of the capital assets in the building/department/room will perform the capital assets physical count for the building/department/room.
2. Upon completion of the annual capital assets listing, the capital assets listing is reconciled to the capital assets management system data base.
3. Capital assets found to have been excluded from the data base are added to the capital assets management system. The capital assets management system process should be reviewed to prevent future incidents of excluding a capital asset.
4. Capital assets unaccounted for are reported to the superintendent who contacts the supervisor of and the individual in charge/control/custody of the capital asset. The individual in charge/control/custody of the capital asset has thirty days to account for the capital asset.
5. Capital assets unaccounted for after thirty days are reported to the superintendent for appropriate action and documentation. "Appropriate action" may include discipline, up to and including discharge, and may require the employee/person in charge/control/custody of the capital asset to replace the asset.
6. The superintendent is responsible for documenting the reasons each asset was not reconciled to the capital assets management system.
D. Addition/acquisition of capital assets.
1. The school district's purchasing policy and administrative regulations must be followed when acquiring capital assets. The school district's policy and administrative regulations must be followed for receiving a gift of capital assets.
2. The capital assets addition/acquisition documentation must be completed for each additional capital assets with an addition/acquisition cost of equal to or greater than $25,000. The following information should be collected, if applicable:
a. Name of location-building/department/room;
b. Location-building/department/room code;
c. Balance sheet accounting/class code;
d. Government or BTA program;
e. Addition/acquisition date;
f. Check/purchase order number or gift;
g. Bar code identification number assigned to and placed on the capital asset;
h. Serial/model number;
i. Cost-historical;
j. Fair market value on acquisition date (donated assets only);
k. Estimated useful life;
l. Vendor;
m. Purchasing fund and function;
n. Description of capital asset;
o. Department/person charged with custody,
p. Method of addition/acquisition-purchase, trade, gift etc.,
q. Quantity;
r. Replacement cost;
s. Addition/acquisition authorization; and,
t. Function for depreciation.
3. Capital assets acquired in a month must be entered into the capital assets management system in the same month.
4. The actual costs of construction in progress, other than infrastructure, is entered into the capital assets management system in the month in which costs are incurred until the total cost of addition/acquisition is entered. Upon completion of construction, the total costs accumulated over the period of construction are reclassified to buildings.
5. Capital assets acquired in a month must be entered into the capital assets management system in the same month.
E. Relocation/transfer of machinery and equipment capital assets.
1. A capital assets relocation/transfer documentation must be completed prior to removing machinery and equipment capital assets from their current location. The following information must be collected:
a. Relocation/transfer date;
b. Quantity;
c. Bar code identification number;
d. Current location-building/department/room code;
e. Name of current location-building/department/room;
f. New location-building/department/room code;
g. Name of new location-building/department/room;
h. Date placed at new location-building/department/room;
i. Department/person charged with custody; and
j. Relocation/transfer authorization.
2. Capital assets relocated/transferred in a month must be entered into the capital assets management system in the same month.
F. Disposal of capital assets
1. A Capital Assets disposal documentation must be completed prior to disposing of real property. The following information must be collected:
a. Disposal date;
b. Quantity;
c. Bar code tag identification number;
d. Legal description,
e. Location/Address;
f. Purchaser;
g. Disposal methods for real property trade, sale, stolen, etc.; and,
h. Disposal authorization.
2. Capital assets disposed of in a month must be entered into the capital assets management system in the same month.
3. When assets are sold or disposed of, it is necessary to calculate and report a gain or loss in the statement of activities. The gain/loss is calculated by subtracting the net book value (historical cost less any accumulated amortization) from the net amount realized on the sale or disposal.
G. Lost, damaged or stolen capital assets.
1. A Lost, Damaged or Stolen Capital Assets Report must be completed when a capital asset has been lost, damaged or stolen. The following information must be collected:
a. Date of loss, damage or theft;
b. Employee/person discovering;
c. Quantity;
d. Description of capital asset;
e. Bar code tag identification number;
f. Location-building/department/room;
g. Description of loss, damage, etc.;
h. Filing of police report-yes or no;
i. Filing of insurance report-yes or no;
j. Sent for repair-yes or no;
k. Date returned from repair;
l. Date returned to location-building/department/room;
m. Department/person charged with custody; and,
n. Authorization.
2. Capital assets damaged, lost or stolen in a month must be entered into the capital assets management system in the same month.
H. Capital assets reports
1. Annual reports for June 30 each year.
a. Capital assets listing including the following items:
1) Balance sheet accounting/class code;
2) Purchasing fund, function and depreciation function;
3) Bar code tag identification number;
4) Description of the capital asset;
5) Historical cost or other;
6) Location;
7) Current year depreciation/expense; and,
8) Accumulated depreciation/amortization.
b. Capital assets listing by location/building;
c. Capital assets listing by department/employee/person charged with custody; and,
d. Capital assets listing by replacement cost.
802.4R2 - Capital Assets Management System Definitions
802.4R2 - Capital Assets Management System DefinitionsBack trending/standard costing - an estimate of the historical original cost using a known average installed cost for like units as of the estimated addition/ acquisition date. This cost is only applied to the capital assets initially counted upon implementation of the capital assets management system when the historical original cost cannot be determined. It is inappropriate to apply the back trending/standard costing method to any capital assets acquired after the assets management system implementation date.
Balance sheet accounting/class codes - the codes set out for assets in the Iowa Department of Education Uniform Accounting Manual. They are: 200-capital assets; 211- land and land improvements; 221-site improvements; 222-accumulated depreciation on site improvements; 231-buildings and building improvements; 232-accumulated depreciation on buildings and building improvements; 241-machinery and equipment; 242-accumulated depreciation on machinery and equipment, 251-works of art and historical treasures; 252-accumulated depreciation on works of art and historical treasures, 261-infrastructure, 262-accumulated depreciation on infrastructure, and 271-construction in progress.
Book value - the value of capital assets on the records of the school district, which can be the cost or, the cost less the appropriate allowances, such as depreciation.
Buildings and building improvements - a capital assets account reflecting the addition/acquisition cost of permanent structures owned or held by a government and the improvements thereon.
Business-type activities – one of two classes of activities reported in the government-wide financial statements. Business-type activities are financed in the whole or in part by fees charged to external parties for goods or services. These activities are usually reported in enterprise funds.
Capital expenditures/expenses - expenditures/expenses resulting in the addition/acquisition of or addition/acquisition to the school district's capital assets.
Capital assets - Capital assets with a value of equal to or greater than $25,000 based on the historical cost include: long-lived assets obtained or controlled as a result of past transactions, events or circumstances. Capital assets include buildings, construction in progress, improvements other than facilities, land, machinery and equipment, and intangible assets.
Capitalization policy - the criteria used by the school district to determine which capital assets will be reported as capital assets on the school district’s financial statements and records
Capitalization threshold - The dollar value at which a government elects to capitalize tangible or intangible assets that are used in operations and that have initial useful lives extending beyond a single reporting period.
Capitalized interest - interest accrued and reported as part of the cost of the capital assets during the construction phase of a capital project. The construction phase extends from the initiation of pre-construction activities until the time the asset is placed in service.
Construction in progress - buildings in the process of being constructed other than infrastructure.
Cost - the amount of money or other consideration exchanged for goods or services.
Depreciation/Amortization - expiration in the service life of capital assets, other than wasting assets, attributable to wear and tear, deterioration, action of the physical elements, inadequacy and obsolescence. In accounting for depreciation/amortization, the cost of a capital asset, less any salvage value, is prorated over the estimated service life of such an asset, and each period is charged with a portion of such cost.
Fixtures - attachments to buildings that are not intended to be removed and cannot be removed without damage to the buildings. Those fixtures with a useful life presumed to be as long as that of the building itself are considered a part of the building. Other fixtures are classified as machinery and equipment.
General capital assets - capital assets that are not capital assets of any fund, but of the governmental unit as a whole. Most often these capital assets arise from the expenditure of the financial resources of governmental funds.
General capital assets account group (GFAAG) - a self-balancing group of accounts established to account for capital assets of the school district, not accounted for through specific proprietary funds.
Government activities – activities generally financed through taxes, intergovernmental revenues, and other non-exchange revenues. These activities are usually reported in governmental funds and internal service funds.
Government-wide financial statements – Financial statements that incorporate all of a government's governmental and business-type activities, as well as its nonfiduciary component units. There are two basic government-wide financial statements the statement of net assets and the statement of activities. Both basic government-wide financial statements are presented using the economic resources measurement focus and the accrual basis of accounting.
Historical (acquisition) cost - the actual costs expended to place a capital asset into service. For land and buildings, costs such as legal fees, recording fees, surveying fees, architect fees and similar fees are included in the historical cost. For machinery and equipment, costs such as freight and installation fees and similar fees are included in the historical cost.
Improvements – In addition made to, or change made in, a capital asset, other than maintenance, to prolong its life or to increase the efficiency or capacity. The cost of the addition or change is added to the book value of the asset.
Improvements other than buildings - attachments or annexation to land that are intended to remain so attached or annexed, such as sidewalks, trees, drives, tunnels, drains and sewers. Sidewalks, curbing, sewers and highways are sometimes referred to as "betterments," but the term "improvements" is preferred.
Infrastructure – long-lived capital assets that normally are stationary in nature and normally can be preserved for a significantly greater number of years than most capital assets. Examples of infrastructure assets include; roads, bridges, tunnels, drainage systems, tater and sewer systems, dams, and lighting systems.
Investment in general capital assets - an account in the GFAAG representing the school district's investment in general capital assets. The balance in this account generally is subdivided according to the source of the monies that finance the capital assets addition/acquisition, such as general fund revenues and special assessments.
Land and buildings - real property owned by the school district.
Machinery and equipment - capital assets which maintain their identity when removed from their location and are not changed materially or consumed immediately (e.g., within one year) by use. Machinery and equipment are often divided into specific categories such as: transportation machinery and equipment which includes school buses and school district owned automobiles, trucks and vans; other motor machinery and equipment which includes lawn maintenance machinery and equipment, tractors, motorized carts, maintenance machinery and equipment, etc.; other machinery and equipment which includes furniture and machinery and equipment contained in the buildings whose original cost is equal to or greater than ($ capitalization threshold), and capital assets under capital leases and capital assets being acquired under a lease/purchase agreement.
Proprietary funds – Funds that focus on the determination of operating income, changes in net assets (or cost recovery), financial position, and cash flows. There are two different types of proprietary funds: enterprise funds and internal service funds.
Replacement cost - the amount of cash or other consideration required today to obtain the same capital assets or its equivalent.
802.5 - Buildings & Sites Adaptation for Persons with Disabilities
802.5 - Buildings & Sites Adaptation for Persons with DisabilitiesThe board recognizes the need for access to its buildings and sites by persons with disabilities. School district buildings and sites currently in use will be altered to be accessible to persons with disabilities unless the alteration would cause an undue hardship for the school district. Renovated and new buildings and sites will be accessible to persons with disabilities.
It is the responsibility of the superintendent, upon board approval, to take the necessary action to ensure school district buildings and sites are accessible to persons with disabilities.
Legal Reference: 29 U.S.C. §§ 621-634 (1994).
42 U.S.C. §§ 12101 et seq. (1994).
Iowa Code chs. 104A; 216 (2001).
Cross Reference: 102 Equal Educational Opportunity
603.3 Special Education
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 05-21-12; 08-10-16
Revised 09-17-03
802.6 - Vandalism
802.6 - VandalismThe board believes everyone should treat school district buildings and sites and property with respect for the benefit of the education program. Users of school district property will treat it with care. Employees discovering vandalism should report it to the building principal as soon as possible.
Persons suspected, found or proven to have destroyed or otherwise harmed school district property may be subject to discipline by the school district, if the person is under the jurisdiction of the school district, and may be reported to local law enforcement officials. Persons who are not under the jurisdiction of the school district and who are suspected, found or proven to have destroyed or otherwise harmed school district property will be reported to the local law enforcement authorities.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 502 Students Rights and Responsibilities
903.4 Public Conduct on School Premises
Approved 11-15-90
Reviewed 08-18-03; 01-19-09; 05-21-12; 08-10-16
Revised 09-17-03
802.7 - Energy Conservation
802.7 - Energy ConservationIn concert with the board's goal to utilize public funds in an effective and efficient manner, employees and students will practice energy conservation methods when utilizing the school district's buildings and sites. These methods include, but are not limited to, turning off lights and equipment when not in use, reducing the temperature of the facility, particularly when it is not in use, and keeping windows and doors properly closed or open, depending upon the weather.
It is the responsibility of the superintendent to develop energy conservation guidelines for employees and students. Employees and students will abide by these guidelines.
Legal Reference: Iowa Code §§ 279.44; 473.19-.20 (2001).
Cross Reference: 700 Purpose of Noninstructional and Business Services
Approved 01-15-90
Reviewed 04-20-92; 08-18-03; 01-19-09; 05-21-12; 08-10-16
Revised 05-18-92; 09-17-03
803 - Selling and Leasing
803 - Selling and Leasing dawn.gibson.cm… Tue, 08/29/2023 - 13:03803.1 - Disposition of Obsolete Equipment
803.1 - Disposition of Obsolete EquipmentSchool property, such as equipment, furnishings, or supplies (hereafter equipment), will be disposed of when it is determined to be of no further use to the school district. It is the objective of the school district in disposing of the equipment to achieve the best available price or most economical disposal.
Obsolete equipment having a value of less than $5000 shall be disposed of at the discretion of the superintendent. Obsolete equipment with a value greater than $5000 shall be disposed of in a manner determined by the board. However, the sale of equipment, furnishings or supplies disposed of in this manner will be published in a newspaper of general circulation. The publication of the sale will be published with at least one insertion each week for two consecutive weeks.
A public hearing will be held regarding the disposal of the equipment with a value of $5,000 or more prior to the board's final decision. The board will adopt a resolution announcing the proposed sale and will publish notice of the time and place of the public hearing and the description of the property will be in the resolution. Notice of the public hearing will be published at least once, but not less than 10 days and not more than 20 days, prior to the hearing date. Upon completion of the public hearing, the board may dispose of the equipment.
It is the responsibility of the superintendent to make a recommendation to the board regarding the method for disposing of equipment of no further use to the school district.
Legal Reference: Iowa Code §§ 297.22-.25 (2001).
Cross Reference: 704 Revenue
705.1 Purchasing - Bidding
803 Selling and Leasing
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 05-21-12; 08-10-16
Revised 09-17-03
803.2 - Lease, Sale or Disposal of School District Buildings & Sites
803.2 - Lease, Sale or Disposal of School District Buildings & SitesDecisions regarding the lease, sale, or disposal of school district real property are made by the board. In making its decision the board will consider the needs of the education program and the efficient use of public funds.
Prior to the board's final decision regarding real property with a value of $25,000 or more, a public hearing will be held. The board will adopt a resolution announcing the proposed sale which will contain notice of the time and place of the public hearing and the description of the property or locally known address. Notice of the time and place of the public hearing will be published at least once, but not less than 10 days and not more than 20 days, prior to the hearing date. Upon completion of the public hearing, the board may dispose of the property.
If the real property contains less than two acres, is located outside of a city, is not adjacent to a city and was previously used as a schoolhouse site, the property may revert to the owner of the tract from whom the property was taken following the procedures set forth in Iowa Code §§ 297.15-.25.
In the case of a sale or lease of school district real property not being used for the education program, unless otherwise exempted, advertisements for bids will be taken. If the bids received by the board are deemed inadequate, the board may decline to sell or lease the property and re-advertise.
In the case of the razing of a school district facility, at a cost of $5,000 or more, the board will advertise and take bids for the purpose of awarding the contract for the project.
The superintendent is responsible for coordinating the action necessary for the board to accomplish the lease, sale, or disposal of school district real property, including student-constructed buildings. It will also be the responsibility of the superintendent to make a recommendation to the board regarding the use of school district real property not being utilized for the education program.
Legal Reference: Iowa Code §§ 297.15-.25 (2001).
Cross Reference: 704 Revenue
705.1 Purchasing - Bidding
803 Selling and Leasing
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 05-21-12; 08-10-16
Revised 09-17-03
804 - Safety Program
804 - Safety Program dawn.gibson.cm… Tue, 08/29/2023 - 13:00804.1 - Facilities Inspections
804.1 - Facilities InspectionsA program for annual inspection, in addition to those conducted by authorized agencies, of the equipment, facilities, and grounds will be conducted as part of the maintenance schedule for school district buildings and sites. The results of this inspection will be reported to the board at its annual meeting. Further, the board may conduct its own inspection of the school district buildings and sites annually.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 802 Maintenance, Operation and Management
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 05-21-12; 08-10-16
Revised 09-17-03
804.2 - Warning System and Emergency Plans
804.2 - Warning System and Emergency PlansThe school district will maintain a warning system designed to inform students, employees, and visitors in the facilities of an emergency. This system is maintained on a regular basis under the maintenance plan for school district buildings and sites.
Students are informed of this system according to board policy. Each classroom and office will have a plan for helping those in need of assistance to safety during an emergency. This will include, but not be limited to, students and employees with disabilities.
Licensed employees are responsible for instructing students on the proper techniques to be followed during an emergency. It is the responsibility of the superintendent to develop administrative regulations regarding this policy.
Legal Reference: Iowa Code § 100.31 (2001).
Cross Reference: 507 Student Health and Well-Being
711.7 School Bus Safety Instruction
804 Safety Program
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 05-21-12; 08-10-16
Revised 09-17-03
804.3 - Bomb Threats
804.3 - Bomb ThreatsAs soon as a bomb threat is reported to the administration, the school district facility should be cleared immediately. A thorough search will be made by the appropriate school district or law enforcement officials. Employees and students will remain outside the school district facility until it is determined that danger no longer exists.
It is the responsibility of the superintendent to file a report or keep a report of each incident for the school district records.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 804 Safety Program
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 05-21-12; 08-10-16
Revised 09-17-03
804.4 - Asbestos Containing Material
804.4 - Asbestos Containing MaterialFriable and nonfriable asbestos containing materials will be maintained in good condition and appropriate precautions will be followed when the material is disturbed. If there is a need to replace asbestos it will be replaced with nonasbestos containing materials. Each school building will maintain a copy of the asbestos management plan.
The school district will annually notify, appoint and train appropriate employees as necessary.
Legal Reference: 20 U.S.C. §§ 3601 et seq. (1994).
40 C.F.R. Pt. 763.84 (1999).
Iowa Code §§ 279.52-.54 (2001).
Cross Reference: 403.4 Hazardous Chemical Disclosure
802 Maintenance, Operation and Management
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 05-21-12; 08-10-16
Revised 09-17-03
804.7 - Radon Mitigation
804.7 - Radon MitigationThe district recognizes the importance of providing healthy learning environments for students, employees and community members in district buildings. The district will take appropriate measures as required by law to assess radon levels in attendance centers and provide for mitigation or other measures where appropriate.
It is the responsibility of the superintendent to create administrative regulations necessary to carry out this policy.
NOTE: School boards are required to approve a plan to assess radon levels in attendance centers in accordance with the requirements listed in the accompanying regulation.
Legal Reference: Iowa Code §§ 280.32
Approved:
Reviewed:
Revised:
804.7R1 - Radon Mitigation Regulation
804.7R1 - Radon Mitigation RegulationThe district will create and the board will approve a plan to assess levels of radon gas present in district attendance centers. Funding for any costs related to radon testing or mitigation will be paid from the state school foundation aid received to the district or from revenues received from the Secure an Advanced Vision for Education fund.
Each district attendance center will undergo a short-term test for the presence of radon gas at least once by July 1, 2027. Short-term test means a test using a device that remains in an area for two to seven days to determine the amount of radon in the air. Repeated short-term testing will occur every five years following the date of the first test.
Radon testing will be performed by an individual certified to conduct such testing pursuant to Iowa Code section 136B.1 or by district employees who have completed a school radon testing training program approved by the Iowa Department of Education and the Iowa Department of Public Health.
If the results of any short-term test at an attendance center are at or above four picocuries per liter, the district will conduct a second short-term test in spaces with elevated levels within sixty days of the first test. If the averaged test results of the first and second tests are at or above four picocuries per liter, the district will retain an individual credentialed to develop a radon mitigation plan.
The plan may include further diagnostic testing, corrective measures, and active mitigation. The mitigation plan will be completed within two years of first short-term test unless the district plans to abandon or renovate the attendance center within five years and renovation includes radon mitigation.
All new school construction will include radon resistant construction techniques.
900 - SCHOOL COMMUNITY RELATIONS
900 - SCHOOL COMMUNITY RELATIONS dawn.gibson.cm… Tue, 08/29/2023 - 10:23900 - Principles and Objectives for Community Relations
900 - Principles and Objectives for Community RelationsSuccessful education programs require the support of the school district community. The board addresses the importance of the role of the school district community in the school district in this series of the policy manual. The board recognizes this support is dependent on the school district community's understanding of participation in the efforts, goals, problems and programs of the school district.
In this section, the board sets out its policies defining its relationship with the school district community. In striving to obtain the support of the school district community, the board will:
· Provide access to school district records;
· Inform the school district community of the school district's goals, objectives, achievements, and needs;
· Invite the input of the school district community; and,
· Encourage cooperation between the school district and the school district community.
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 06-20-12; 08-10-16
Revised 09-17-03
901 - Public Examination of School District Records
901 - Public Examination of School District RecordsPublic records of the school district may be viewed by the public during the regular business hours of the administration offices of the school district. These hours are 8:00 a.m. to 4:00 p.m. Monday through Friday, except for holidays and recesses.
Persons wishing to view the school district's public records will contact the board secretary-treasurer and make arrangements for the viewing. The board secretary-treasurer will make arrangements for viewing the records as soon as practicable, depending on the nature of the request.
Persons wanting copies may be assessed a fee for the copy. Persons wanting compilation of information may be assessed a fee for the time of the employee to compile the requested information. Printing of materials for the public at the expense of the school district will only occur when the event is sponsored by the school district.
Pursuant to Iowa law, the board has determined certain records need to be confidential as their disclosure could jeopardize the safety of persons or property and include, but are not limited to, the following:
- Security procedures
- Emergency preparedness procedures
- Evacuation procedures
- Security codes and passwords
It is the responsibility of the board secretary-treasurer to maintain accurate and current records of the school district. It is the responsibility of the board secretary-treasurer to respond in a timely manner to requests for viewing and receiving public information of the school district.
Legal Reference: Iowa Code §§ 21.4; 22; 291.6 (2001).
1980 Op. Att'y Gen. 88.
1972 Op. Att'y Gen. 158.
1968 Op. Att'y Gen. 656.
Cross Reference: 215 Board of Directors' Records
401.5 Employee Records
506 Student Records
708 Care, Maintenance, and Disposal of School District Records
902.1 News Media Relations
Approved 01-15-90
Reviewed 08-18-03; 11-20-06; 01-19-09; 06-20-12; 08-10-16
Revised 09-17-03; 12-18-06
902 - News Media Relations
902 - News Media Relations dawn.gibson.cm… Tue, 08/29/2023 - 10:46902.1 - News Media Relations
902.1 - News Media RelationsThe board recognizes the value of and supports open, fair and honest communication with the news media. The board will maintain a cooperative relationship with the news media. As part of this cooperative relationship, the board and the media will develop a means for sharing information while respecting each party's limitations.
Members of the news media are encouraged and welcome to attend open board meetings. The board president is the spokesperson for the board, and the superintendent is the spokesperson for the school district. It is the responsibility of the board president and superintendent to respond to inquiries from the news media about the school district.
Members of the news media seeking information about the school district will direct their inquiries to the superintendent. The superintendent will accurately and objectively provide the facts and board positions in response to inquiries from the news media about the school district.
Legal Reference: Iowa Code §§ 21.4; 22; 279.8 (2001).
Cross Reference: 902 Press, Radio and Television News Media
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 06-20-12; 08-10-16
Revised 09-17-03
902.2 - News Conferences and Interviews
902.2 - News Conferences and InterviewsThe superintendent, on behalf of the board and the school district, may hold a news conference or respond to a request for an interview with the news media.
The superintendent will respond accurately, openly, honestly, and objectively to inquiries from the news media about the school district.
News conferences and interviews planned or pre-arranged for school district activities will include the board and the superintendent. News conferences for issues requiring an immediate response may be held by the superintendent. It is within the discretion of the superintendent to determine whether a news conference or interview is held to provide an immediate response to an issue.
It is the responsibility of the superintendent to keep the board apprised of news conferences and interviews.
Legal Reference: Iowa Code §§ 21.4; 22; 279.8 (2001).
Cross Reference: 902 Press, Radio and Television News Media
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 06-20-12; 08-10-16
Revised 09-17-03
902.3 - News Releases
902.3 - News ReleasesThe superintendent will determine when a news release about internal school district and board matters will be issued. In making this determination, the superintendent will strive to keep the media and the school district community accurately and objectively informed. Further, the superintendent will strive to create and maintain a positive image for the school district. It is the responsibility of the superintendent to approve news releases originating within the school district prior to their release.
News releases will be prepared and disseminated to news media in the school district community. Questions about news releases will be directed to the superintendent.
Legal Reference: Widmer v. Reitzler, 182 N.W.2d 177 (Iowa 1970).
Dobrovolny v. Reinhardt, 173 N.W.2d 837 (Iowa 1970).
Iowa Code §§ 21.4; 22.2 (2001).
1980 Op. Att'y Gen. 73.
1952 Op. Att'y Gen. 133.
Cross Reference: 902 Press, Radio and Television News Media
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 06-20-12; 08-10-16
Revised 09-17-03
902.4 - Live Broadcasting or Recording
902.4 - Live Broadcasting or RecordingIndividuals may broadcast or videotape public school district events, including open board meetings, as long as it does not interfere with or disrupt the school district event and it does not create an undue burden in adapting the buildings and sites to accommodate the request.
It is within the discretion of the superintendent to determine whether the request is unduly burdensome and whether the broadcast or videotaping will interfere with or disrupt the school district event.
Videotaping of classroom activities will be allowed at the discretion of the superintendent. Parents will be notified prior to videotaping of classroom activities.
It is the responsibility of the superintendent to develop administrative regulations outlining the procedures for making the request and the rules for operation if the request is granted.
Legal Reference: Iowa Code §§ 21.4, .7; 22; 279.8 (2001).
Cross Reference: 902.1 News Media Relations
903.3 Visitors to School District Buildings and Sites
Approve 01-15-90
Reviewed 08-18-03; 01-19-09; 06-20-12; 08-10-16
Revised 09-17-03
903 - Public Participation in the School District
903 - Public Participation in the School District dawn.gibson.cm… Tue, 08/29/2023 - 10:38903.1 - School - Community Groups
903.1 - School - Community GroupsThe board values the participation and the support of school district-community groups, including, but not limited to, the booster club and parent-teacher organizations, which strive for the betterment of the school district and the education program. The board will work closely with these groups.
Prior to any purchase of, or fund raising for, the purchase of goods or services for the school district, the group will confer with the superintendent to assist the group in purchasing goods or services to meet the school district's needs.
Funds raised by these groups for the school district may be kept as part of the accounts of the school district.
It is the responsibility of the building principal to be the liaison with the school district-community groups affiliated with the building principal's attendance center.
Legal Reference: Iowa Code §§ 279.8; 291.13 (2001).
Cross Reference: 903 Public Participation in the School District
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 06-20-12; 08-10-16
Revised 09-17-03
903.2 - Community Resource Persons and Volunteers
903.2 - Community Resource Persons and VolunteersThe board recognizes the valuable resource it has in the members of the school district community. When possible and in concert with the education program, members of the school district community may be asked to make presentations to the students or to assist employees in duties other than teaching. The school district may officially recognize the contributions made by volunteers.
Recruitment, training, utilization, and the maintenance of records for the purposes of insurance coverage and/or recognition of school district volunteers is the responsibility of the superintendent.
Legal Reference: Iowa Code §§ 279.8; 670 (2001).
Cross Reference: 603.1 Basic Instruction Program
903.3 Visitors to School District Buildings and Sites
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 06-20-12; 08-10-16
Revised 09-17-03
903.3 - Visitors to School District Buildings & Sites
903.3 - Visitors to School District Buildings & SitesThe board welcomes the interest of parents and other members of the school district community and invites them to visit the school buildings and sites. Visitors, which include persons other than employees or students, must notify the principal of their presence in the facility upon arrival.
Persons who wish to visit a classroom while school is in session are asked to notify the principal and obtain approval from the principal prior to the visit so appropriate arrangements can be made and so class disruption can be minimized. Teachers and other employees will not take time from their duties to discuss matters with visitors.
Visitors will conduct themselves in a manner fitting to their age level and maturity and with mutual respect and consideration for the rights of others while attending school events. Visitors failing to conduct themselves accordingly may be asked to leave the premises. Children who wish to visit school must be accompanied by a parent or responsible adult.
It is the responsibility of employees to report inappropriate conduct. It is the responsibility of the superintendent and principals to take the action necessary to cease the inappropriate conduct. If the superintendent or principals are not available, a school district employee will act to cease the inappropriate conduct.
Legal Reference: Iowa Code §§ 279.8; 716.7 (2001).
Cross Reference: 902 Press, Radio and Television News Media
903.2 Community Resource Persons and Volunteers
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 06-20-12; 08-10-16
Revised 09-17-03
903.4 - Public Conduct on School Premises
903.4 - Public Conduct on School PremisesThe board expects that students, employees and visitors will treat each other with respect, engage in responsible behavior, exercise self-discipline and model fairness, equity and respect. Individuals violating this policy will be subject to discipline. Students will be disciplined consistent with the student conduct policies. Employees will be disciplined consistent with employee discipline policies and laws. Others will be subject to discipline according to this policy.
Individuals are permitted to attend school sponsored or approved activities or visit school premises only as guest of the school district, and, as a condition, they must comply with the school district’s rules and policies. Individuals will not be allowed to interfere with or disrupt the education program or activity. Visitors, like the participants, are expected to display mature, responsible behavior. The failure of individual to do so is not only disruptive but embarrassing to the students, the school district and the entire community.
To protect the rights of students to participate in the education program or activities without fear of interference or disruption and to permit the school officials, employees and activity sponsors and officials to perform their duties without interference or disruption, the following provisions are in effect:
· Abusive, verbal or physical conduct of individuals directed at students, school officials, employees, officials, and activity sponsors of sponsored or approved activities or at other individuals will not be tolerated.
· Verbal or physical conduct of individuals that interferes with the performance of students, school officials, employees, officials and activity sponsors of sponsored or approved activities will not be tolerated.
· The use of vulgar, obscene or demeaning expression directed at students, school officials, employees, officials and activity sponsors of sponsored or approved activities participating in sponsored or approved activity or at other individuals will not be tolerated.
If an individual becomes physically or verbally abusive, uses vulgar, obscene or demeaning expression, or in any way interrupts an activity, the individual may be removed from the event by the individual in charge of the event.
Individuals removed from school premises have the ability to follow the board’s chain of command and compliant policies should they choose to do so. The exclusion is in effect should the individual choose to appeal the decision of the superintendent. The term “individual” as used in the policy also includes students and employees.
If an individual has been notified of exclusion and thereafter tries to enter a school building or attends a sponsored or approved activity, the individual will be advised that his/her attendance will result in prosecution. The school district may obtain a court order for permanent exclusion from the school building or from future school sponsored or approved activities.
Legal Reference: Iowa Code §§ 279.8; 716.7 (2001).
Cross Reference: 205 Board Member Liability
504 Student Activities
802.6 Vandalism
903 Public Participation in the School District
Approved 09-17-03
Reviewed 01-19-09; 06-20-12; 08-10-16
Revised 02-09-09
903.5 - Distribution of Materials
903.5 - Distribution of MaterialsThe board recognizes that students, employees, parents or citizens may want to distribute materials within the school district that are noncurricular. Noncurricular materials to be distributed must be approved by the building principal and meet certain standards prior to their distribution.
It is the responsibility of the superintendent, in conjunction with the building principals to draft administrative regulations regarding this policy.
Legal Reference: U.S. Const. amend. I.
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
Bethel School District v. Fraser, 478 U.S. 675 (1986).
New Jersey v. T.L.O., 469 U.S. 325 (1985).
Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969).
Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).
Iowa Code §§ 279.8; 280.22 (2001).
Cross References: 502.3 Freedom of Expression
503.1 Student Conduct
504 Student Activities
603.9 Academic Freedom
Approved 09-17-03
Reviewed 01-19-09; 06-20-12; 08-10-16
Revised 02-09-09
903.5R1 - Display or Distribution of Materials Regulation
903.5R1 - Display or Distribution of Materials RegulationI. Guidelines.
Individuals, including students, may have the right to distribute on school premises, at reasonable times and places, unofficial written material, petitions, buttons, badges or other insignia, except expression which:
1. is obscene to minors;
2. is libelous;
3. contains indecent, vulgar, profane or lewd language;
4. advertises any product or service not permitted to minors by law;
5. constitutes insulting or fighting words, the very expression of which injures or harasses other people (e.g., threats of violence, defamation of character or of a person's race, religion, gender, disability, age or ethnic origin);
6. presents a clear and present likelihood that, either because of its content or the manner of distribution, it will cause a material and substantial disruption of the proper and orderly operation and discipline of the school or school activities, will cause the commission of unlawful acts or the violation of lawful school regulations.
Distribution on school premises of material in categories (1) through (4) to any student is prohibited. Distribution on school premises of material in categories (5) and (6) to a substantial number of students is prohibited.
II. Procedures.
Anyone wishing to distribute unofficial written material must first submit for approval a copy of the material to the building principal at least twenty-four hours in advance of desired distribution time, together with the following information:
1. Name and phone number of the person submitting request and, if a student, the homeroom number;
2. Date(s) and time(s) of day of intended display or distribution;
3. Location where material will be displayed or distributed;
4. The grade(s) of students to whom the display or distribution is intended.
Within twenty-four hours of submission, the principal will render a decision whether the material violates the guidelines in subsection I or the time, place and manner restrictions in subsection III of this policy. In the event that permission to distribute the material is denied, the person submitting the request should be informed in writing of the reasons for the denial. Permission to distribute material does not imply approval of its contents by either the school, the administration, the board or the individual reviewing the material submitted.
If the person submitting the request does not receive a response within twenty-four hours of submission, the person will contact the building principal's office to verify that the lack of response was not due to an inability to locate the person. If the person has made this verification and there is no response to the request, the material may be distributed in accordance with the time, place and manner provisions in subsection III.
If the person is dissatisfied with the decision of the principal, the person may submit a written request for appeal to the superintendent. If the person does not receive a response within three school days of submitting the appeal, the person will contact the superintendent to verify that the lack of response is not due to an inability to locate the person. If the person has made this verification and there is no response to the appeal, the material may be distributed in accordance with the time, place and manner provisions in subsection III.
At every level of the process the person submitting the request will have the right to appear and present the reasons, supported by relevant witnesses and material, as to why distribution of the written material is appropriate.
Permission to distribute material does not imply approval of its contents by either the school district, the board, the administration or the individual reviewing the material submitted.
III. Time, place and manner of distribution.
The distribution of written material is prohibited when it blocks the safe flow of traffic within corridors and entrance ways of the school or otherwise disrupts school activities. The distribution of unofficial material is limited to a reasonable time, place and manner as follows:
1. The material will be distributed from a table set up for the purpose in a location designated by the principal, which location will not block the safe flow of traffic or block the corridors or entrance ways, but which will give reasonable access to students.
2. The material will be distributed either before and/or after the regular instructional day.
3. No written material may be distributed during and at the place of a normal school activity if it is reasonably likely to cause a material and substantial disruption of that activity.
IV. Definitions.
The following definitions apply to the following terms used in this policy:
1. "Obscene to minors" is defined as:
(a) The average person, applying contemporary community standards, would find that the written material, taken as a whole, appeals to the prurient interest of minors of the age to whom distribution is requested;
(b) The material depicts or describes, in a manner that is patently offensive to prevailing standards in the adult community concerning how such conduct should be presented to minors of the age to whom distribution is requested, sexual conduct such as intimate sexual acts (normal or perverted), masturbation, excretory functions, and lewd exhibition of the genitals; and
(c) The material, taken as a whole, lacks serious literary, artistic, political or scientific value for minors.
2. "Minor" means any person under the age of eighteen.
3. "Material and substantial disruption" of a normal school activity is defined as follows:
(a) Where the normal school activity is an educational program of the district for which student attendance is compulsory, "material and substantial disruption" is defined as any disruption which interferes with or impedes the implementation of that program.
(b) Where the normal school activity is voluntary in nature (including, without limitation, school athletic events, school plays and concerts, and lunch periods), "material and substantial disruption" is defined as student rioting, unlawful seizures of property, widespread shouting or boisterous demonstration, sit-in, stand-in, walk-out, or other related forms of activity.
In order for expression to be considered disruptive, there must exist specific facts upon which the likelihood of disruption can be forecasted including past experience in the school, current events influencing student activities and behavior, and instances of actual or threatened disruption relating to the written material in question.
4. "School activities" means any activity of students sponsored by the school and includes, by way of example but not limited to, classroom work, library activities, physical education classes, official assemblies and other similar gatherings, school athletic contests, band concerts, school plays and in-school lunch periods.
5. "Unofficial" written material includes all written material except school newspapers, literary magazines, yearbooks, and other publications funded and/or sponsored or authorized by the school. Examples include leaflets, brochures, flyers, petitions, placards and underground newspapers, whether written by students or others.
6. "Libelous" is a false and unprivileged statement about a specific individual that tends to harm the individual's reputation or to lower him/her in the esteem of the community.
7. "Distribution" means circulation or dissemination of written material by means of handing out free copies, selling or offering copies for sale and accepting donations for copies. It includes displaying written material in areas of the school which are generally frequented by students.
V. Disciplinary action.
Distribution by any student of unofficial written material prohibited in subsection I or in violation of subsection III may be halted, and students may be subject to discipline including suspension and expulsion. Any other party violating this policy may be requested to leave the school property immediately and, if necessary, local law enforcement officials will be called.
VI. Notice of policy to students.
A copy of this policy will be published in student handbooks and posted conspicuously in school buildings.
904 - Community Activities Involving Students
904 - Community Activities Involving Students dawn.gibson.cm… Tue, 08/29/2023 - 10:35904.1 - Transporting Students in Private Vehicles
904.1 - Transporting Students in Private VehiclesGenerally, transporting students for school purposes is done in a vehicle owned by the school district and driven by a school bus driver. Students may be transported in private vehicles for school purposes. It is within the discretion of the superintendent to determine when this is appropriate.
Individuals transporting students for school purposes in private vehicles must have the permission of the superintendent. Private vehicles will be used only when proof of insurance has been supplied to the superintendent and when the parents of the students to be transported have given written permission to the superintendent. The school district assumes no responsibility for those students who have not received the approval of the superintendent and who ride in private vehicles for school purposes.
This policy statement applies to transportation of students for school purposes in addition to transporting students to and from their designated attendance center. It is the responsibility of the superintendent to develop administrative regulations regarding this policy.
Legal Reference: Iowa Code §§ 279.8; 285; 321 (2001).
281 I.A.C. 43.
Cross Reference: 401.6 Transporting of Students by Employees
401.7 Employee Travel Compensation
711 Transportation
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 06-20-12; 08-10-16
Revised 09-17-03
904.2 - Advertising and Promotion
904.2 - Advertising and PromotionThe use of students, the school district name, or its buildings and sites for advertising and promoting products and/or services of entities and organizations operating for a profit is disallowed. Nonprofit entities and organizations may be allowed to use students, the school district name, or its buildings and sites if the purpose is educationally related and prior approval has been obtained from the board.
Legal Reference: Iowa Code § 279.8 (2001).
Cross Reference: 504.5 Student Fund Raising
904 Community Activities Involving Students
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 06-20-12; 08-10-16
Revised 09-17-03
905 - Buildings, Sites, and Equipment
905 - Buildings, Sites, and Equipment dawn.gibson.cm… Tue, 08/29/2023 - 10:24905.1 - Community Use of School District Facilities & Equipment
905.1 - Community Use of School District Facilities & EquipmentSchool district facilities and equipment will be made available to local nonprofit entities which promote cultural, educational, civic, community, or recreational activities. "Entity(ies)" will include organizations, groups and individuals and their agents. Such use will be permitted only when the use does not interfere with or disrupt the education program or a school-related activity, the use is consistent with state law, and will end no later than midnight. It is within the discretion of the board to allow for-profit entities to use school district facilities and equipment. The board reserves the right to deny use of the facilities and equipment to an entity. It is within the discretion of the superintendent to allow use of school district facilities and equipment on Sundays.
Entities who wish to use school district facilities or equipment must apply at the superintendent's office. It is the responsibility of the board secretary-treasurer or superintendent to determine whether the school district facility or equipment requested is available and whether the application for use meets board policy and administrative regulations. It is the responsibility of the superintendent and board secretary-treasurer to provide application forms, obtain proof of insurance, and draw up the contract for use of school district facilities and equipment.
Use of school district facilities and equipment by entities will be supervised by a school district employee unless special prior arrangements are made with the superintendent. The school district employee will not accept a fee from the entity using school district facilities and equipment. If appropriate, the school district employee may be paid by the school district.
Entities that use school district buildings or sites must leave the building or site in the same condition it was in prior to its use. Entities that use school district equipment must return the equipment in the same working condition it was in prior to its use. Inappropriate use of school district facilities and equipment may result in additional fees charged to, or the inability of, the entity to use school district facilities or equipment in the future.
The board may allow entities, such as the Boy and Girl Scouts and 4-H, to use the school district facilities and equipment without charge. While such entities may use the facilities and equipment without charge, they may be required to pay a custodial fee.
It is the responsibility of the superintendent to develop a fee schedule for the board's approval and to develop administrative regulations regarding this policy.
Legal Reference: Iowa Code §§ 8D; 276; 278.1(4); 279.8; 288; 297.9-.11 (2001).
751 I.A.C. 14.
1982 Op. Att'y Gen. 561.
1940 Op. Att'y Gen. 232.
1936 Op. Att'y Gen. 196.
Cross Reference: 704 Revenue
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 06-20-12; 08-10-16
Revised 09-17-03
905.1E1- Request for Use of School District Building and Equipment
905.1E1- Request for Use of School District Building and EquipmentDirections: This form is to be completed by the community adult requesting use of a district building and/or equipment a minimum of three (3) days prior to the date the building and/or equipment is to be used. Please complete the form in full. If you have questions, the superintendent or secretary will assist you.
- Date of Request – today’s date.
- Date use of Building/Equipment is desired. ______________________________
- Estimated time of use on the above date. ______________________________
- Building name and area within the building. ______________________________
- School district equipment desired. ______________________________
- Purpose for desiring to use the building and/or equipment – please describe in detail.
__________________________________________________________________________________
__________________________________________________________________________________ - Name of person completing this form. __________________________________________________
- Name of group you represent. _________________________________________________________
PERSONAL LIABILITY
I acknowledge that I am to be considered personally liable for the use of the building and/or equipment and for the activity to occur within the building as described above. Should any damage to the building and/or equipment occur as a result of the activity described above I agree to assume personal liability for such damage and agree to pay the district for any necessary repairs or replacement of equipment, etc. as deemed appropriate by the district.
________________________________ _______________ ___________________________
Signature Date Phone Number
**************************************************************************************
The following section is to be completed by the Superintendent or Designee
_____ Request approved ______ Request denied ______ Fee Charged
_____ A copy of the building use rules & regulations has been given to the individual.
_____ A key has been given to the individual requesting use of the building.
_____ Use fee has been paid in full _______________________________________
Date use fee paid
________________________________________________________ __________________
Superintendent’s signature or Designee Date
Approved 01-15-90
Reviewed 08-18-03; 01-19-09; 08-10-16
Revised 09-17-03
905.1R1 - Community Use of School District Facilities & Equipment Regulation
905.1R1 - Community Use of School District Facilities & Equipment Regulation1. Alcoholic beverages will not be brought to or consumed in the school district facilities or grounds.
2. Smoking is prohibited in school district facilities.
3. A custodian or employee must be present while the school district facility or equipment is being used by an entity.
4. After a school district facility or site has been used by an entity, cleaning, including restoring the facility or site to the condition it was in prior to its use, will be done by employees assisted by a committee from the entity. The fee charged to the entity for the use of the facility or site will include these costs. However, if excessive costs are involved in cleaning or otherwise restoring the facility or site to the condition it was in prior to its use, the board reserves the right to charge the entity for these excessive costs.
5. After school district equipment has been used by an entity, the equipment must be returned to the school district in the condition it was in prior to its use. The fee charged to the entity for the use of the equipment will include these costs. However, if excessive costs are involved in restoring the equipment to the condition it was in prior to its use, the board reserves the right to charge the entity for these excessive costs.
6. Entities are required to stay within the area of the school district facility or site and use only the school district equipment authorized by the school district for use by the entity. Other school district facilities, sites, or areas in the school district building or equipment are off limits to the entity.
7. A cancellation after the facility or equipment is made ready for the entity will be charged at the full rate. Cancellations made prior to that time will be charged a minimum cancellation fee or the costs incurred to the school district in anticipation of the entity's use, whichever is greater.
905.1R2 - Community Use of School District Facilities & Equipment Fees Schedule
905.1R2 - Community Use of School District Facilities & Equipment Fees ScheduleRATE A – Commercial use by a non-resident individual or group acting in connection with a local individual or group to provide
a show.
Rates for Use of Buildings and Sites |
||
|
Gym |
$75.00 |
|
Wolcott Center |
$35.00 |
|
Wolcott Center with Kitchen |
$50.00 |
|
Classroom |
$10.00 |
RATE B – Commercial use by a local individual or group when an admission charge or collection is taken. |
||
Rates for Use of Buildings and Sites |
||
Gym |
$30.00 |
|
Wolcott Center |
$15.00 |
|
Wolcott Center with Kitchen |
$20.00 |
|
Classroom |
$ 5.00 |
RATE C - Use by local individual or group for social or recreational purpose when no admission charge or collection is taken.
|
||
Rates for Use of Buildings and Sites |
||
|
Gym |
$25.00 |
|
Wolcott Center |
$10.00 |
|
Wolcott Center with Kitchen |
$15.00 |
|
Classroom |
$ 5.00 |
RATE D – Use by local educational, patriotic, or service organizatons, where no admission charge or collection is taken. (Examples: school sponsored activities, adult educational programs, gym-walkers, scouts and 4-H meetings, fund raisers for local educational purposes, etc., or the activity has the general welfare of the community as the focus and has the approval of the Superintendent.
|
||
Rates for Use of Buildings and Sites |
||
|
Gym |
$0 |
|
Wolcott Center |
$0 |
|
Wolcott Center with Kitchen |
$0 |
|
Classroom |
$0 |
Add to above: |
||
|
Custodial charges – if needed |
Time & 1/2/hour |
APPROVAL PROCEDURES
- The Superintendent and administration will review he request to use the building to judge its appropriateness and to set rental fees, as set for in the board policy.
- The Superintendent may also deny a request for the use of any school facility. Reasons for denying the request can include such things as, (1) facility being used for school purposes, (2) lack of payment for use, (3) use may be detrimental to facility, (4) damage from previous use, (5) lack of proper supervision, (6) or any other reasonable cause.
- The Superintendent will consider each request individually to determine the desired amount of supervision required. Salary for those supervising will be set by the Superintendent, and the body using the facility will reimburse the school for said salary.
905.2 - Tobacco/Nicotine-Free Environment
905.2 - Tobacco/Nicotine-Free EnvironmentSchool district facilities, including school vehicles, are off limits for tobacco use. This requirement extends to employees and visitors. This policy applies at all times, including school-sponsored and nonschool-sponsored events. Persons failing to abide by this request are required to extinguish their smoking material, dispose of the tobacco product or leave the school district premises immediately.
It is the responsibility of the administration to enforce this policy.
Legal Reference: Goals 2000: Educate America Act, Pub. L. No. 103-227, 108 Stat. 125 (1994).
Iowa Code §§ 142B; 279.8, .9; 297 (2001).
Cross Reference: 905.1 Community Use of School District Buildings & Sites & Equipment
Approved 01-15-90
Reviewed 11-18-91; 09-19-94; 08-18-03; 08-18-08; 06-20-12; 08-10-16
Revised 12-16-91; 10-17-94; 09-17-03; 09-16-08