Employee Personnel Records Content

1.     Employee personnel records may contain the following information:

            ·    Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.

            ·    Individual employment contract.

            ·    Evaluations.

            ·    Application, resume and references.

            ·    Salary information.

            ·    Copy of the employee's license or certificate, if needed for the position.

            ·    Educational transcripts.

            ·    Assignment.

            ·    Records of disciplinary matters.

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

            ·    Medical professional signed physical form.

            ·    Sick or long-term disability leave days.

            ·    Worker's compensation claims.

            ·    Reasonable accommodation made by the school district to accommodate the employee's disability.

            ·    Employee's medical history.

            ·    Employee emergency names and numbers.

            ·    Family and medical leave request forms.

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

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

 

Applicant File Records Content

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

        ·  Application for employment.

        ·  Resume.

        ·  References.

        ·  Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.

        ·  Affirmative action form, if submitted.

 

Record Access

Only authorized school officials will have access to an employee's records without the written consent of the employee.  Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary-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.

 

General

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

• Employees will be issued a school district e-mail account. Passwords must be changed periodically.
• Each individual in whose name an access account is issued is responsible at all times for its proper use.
• Employees are expected to review their e-mail regularly throughout the day, and shall reply promptly to inquiries with information that the employee can reasonably be expected to provide.
• Communications with parents and/or students must be made on a school district computer, unless in the case of an emergency, and should be saved and the school district will archive the e-mail records 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.

 

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

The law further specifies that a licensed employee who knowingly or 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 nonaccidental physical injury, or injury which is at variance with the history given of it, suffered by a child as the result of the acts or omissions of a person responsible for the care of the child.

                  ∙     The commission of a sexual offense with or to a child . . . as a result of the acts or omissions of the person responsible for the child. . . .  Sexual offense includes sexual abuse, incest, and sexual exploitation of a minor.

                  ∙     The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing or other care necessary for the child's welfare when financially able to do so.  A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone will not be considered abusing the child . . . .

                  ∙     The acts or omissions of a person responsible for the care of a child which allow, permit or encourage the child to engage in acts prohibited pursuant to Iowa Code, section 725.1 which deals with prostitution.

• Any mental injury to a child’s intellectual or psychological capacities evidenced by an observable and substantial impairment in the child’s ability to function within the child’s normal range of performance and behavior as the result of the acts or omissions of a person responsible for the care of the child, if the impairment is diagnosed by a licensed physician or qualified mental health professional
• An illegal drug is present in a child’s body as a direct and foreseeable consequence of the acts of omissions of the person responsible for the care of the child.

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:

∙       name, age, and home address of the child;

∙       name and home address of the parents, guardians or other persons believed to be responsible for the care of the child;

∙       the child's present whereabouts if not the same as the parent's or other person's home address;

∙       description of injuries, including evidence of previous injuries;

∙       name, age, and condition of other children in the same home;

∙       any other information considered helpful; and,

∙       name and address of the person making the report.

Board policy states it is not the responsibility of employees to prove that a child has been abused or neglected.  Employees should not take it upon themselves to investigate the case or contact the family of the child.  DHS is responsible for investigating the incident of alleged abuse.

 

Please complete the following as fully as possible.  If you need assistance, contact the Level I investigator in your school.

Student's name and address:  _____________________________________________________________________
_____________________________________________________________________________________________

Student's telephone no.:  ______________________________________

Student's school:  ____________________________________________

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.

 

Student's name:  _____________________________________________________________________________________________

Student's age:  _______________  Student's grade:  ________________________

Student's address: ____________________________________________________________________________________________

Student's school:  _____________________________________________________________________________________________

Name of accused school employee: _______________________________________  Building:  _______________________________

Name and address of person filing report:
_____________________________________________________________________________________________________________

Name and address of student's parent or guardian, if different from person filing report:
_____________________________________________________________________________________________________________

Date report of abuse was filed:  __________________  __________________  __________________ 

Allegation is of  ______________Physical abuse  ______________sexual abuse*

Describe the nature, extent and cause of the student's injury, if any and if known:    (Attach additional pages if needed).
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
 

Describe your investigation:  Attach additional pages if needed.  (Please do not use student witnesses' full names.)
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________

*Were parent(s) or guardian(s) advised of their right to see and hear any interview of their pre-kindergarten through sixth grade children who are alleged victims of or a witness in a sexual abuse investigation?
         Yes            No        Was the right exercised?             Yes               No

Were 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

 

An 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.

 

The Disease

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

 

The Vaccine

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

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

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

 

Dosage and Administration

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

 

Possible Vaccine Side Effects

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

 

CONSENT 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)
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________

 

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

 

Hand Washing

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

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

·      Hands should be washed after contact with any used equipment.

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

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

 

Barriers

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

 

Disposal of Waste

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

 

Clean up

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

        ·        Wear gloves.

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

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

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

        ·        Clean and disinfect reusable supplies and equipment.

 

Laundry

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

 

Exposure

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

        ·        Always wash the exposed area immediately with soap and water.

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

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

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

 

Name 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:  ___________________________________________

 

Name 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:  ____________________________________________________

 

Harassment 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.

 

EMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace policy for an employee to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, 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)

 

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

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

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

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

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

 

This administrative regulation supports the Drug and Alcohol Testing Program policy.  It also establishes and explains the requirements of the school district's drug and alcohol testing program required for employees operating school vehicles.  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.

6. 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.

        

Air 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.

 

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

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

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

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination.

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

 

I, ____________________, 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)

 

ATTENTION:    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.

 

                         

See Form attached.

______________________________________     _________________________________
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

 

See form attached.

I, (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)

 

School 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

 

The 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.

 

Section 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.