I.    Eligibility for Early Retirement Plan

The school district offers an Early Retirement Plan for full-time licensed employees.  Full-time licensed employees are licensed employees who are eligible for full insurance coverage under the requirements of the insurer and who are currently performing their assigned duties within the school district.  A licensed employee is eligible to participate in the Early Retirement Plan under the following terms:

   A.  The number of applications for the Early Retirement Plan will be limited to no more than five (5) for a given fiscal year, unless the Board chooses to allow more than five(5).

   B.  The Early Retirement Plan will be available to a licensed employee who is fifty-five (55) years of age by the start of the next school year.

   C.  The Early Retirement Plan will be available to those who have completed their most recent ten (10) consecutive years of service in the Red Oak Community School District.

   D.  The employee shall submit an application for the plan on or before January 15 of the current school year, at the Board’s discretion.

   E.  The employee shall submit a written resignation resigning from the existing contract.  The resignation may be contingent upon approval by the board of participation in the
         voluntary early retirement program.

   F.  All applications for the Early Retirement Plan will be considered not later than the second regular Board meeting in January, and if more than the designated number allowed
        in Section A are received, the highest priority will be given to the teachers with the longest continuous teaching service in the District.

   G.  An employee who meets the criteria in item “B”, but who has not completed a minimum of ten (10) consecutive years of service to the school district may apply for a
         prorated early retirement amount.  Approval of such application by the board will be based on the best interests of the school district, and if a prorated amount is approved,
         the amount will be based on completed consecutive years of service at the time of the application for the Early Retirement Plan.

   H.  The application for the Early Retirement Plan and the resignation must be approved by the board, which will authorize disbursement of the early retirement amount.

   I.    Approval by the board of the licensed employee’s early retirement application shall constitute a voluntary resignation.  Approval by the board of the licensed employee’s
         early retirement application will also make the licensed employee eligible for disbursement of the early retirement amount on January 20 of the school year following the
         licensed employee’s approval for early retirement.  Failure of the board to approve the licensed employee’s early retirement application will make the licensed employee’s
         current contract with the board continue in full force and effect.

 

II.  Voluntary Early Retirement Amount and Terms:

   A.  An employee who meets one of the eligibility requirements will be eligible for the early retirement amount of $15,000, plus an amount equal to 25% of the employee’s
        accumulated sick leave times the current daily substitute teacher pay rate.  An employee whose contractual full-time equivalency (FTE) is less than 1.00 will be eligible for a
        prorated early retirement amount by multiplying the employee’s FTE by the applicable amount above.

   B.  An employee agrees to participate in the “Special Pay Plan”.  This plan allows payment of the early retirement amount to be paid to a Tax Shelter Annuity of the employee’s
        choice.  This Tax Shelter Annuity must be with a company that participates in the State of Iowa Plan.  If the employee is currently contributing to a Tax Shelter Annuity the
        payment will be made to the same company.  The employee agrees not to close out this account before the January payment is made.

   C.  Upon retirement, the licensed employee is eligible to continue participation in the school district’s group insurance plan at the licensed employee’s expense by meeting the
        requirements of the insurer.  The employee/retiree must pay the monthly premium amount in full to the board secretary prior to the due date of the school district’s premium
        payment to the insurance carrier.

        This insurance coverage will cease when the licensed employee/retiree qualifies for Medicare coverage, secures other employment in which the employer provides
        insurance coverage, or dies.  If dependent insurance coverage is carried, that coverage may continue at the dependent’s expense beyond the employee’s/retiree’s
        qualification for Medicare coverage under COBRA provisions.

        In the event of the death of the employee/retiree, the dependent of the employee/retiree may continue coverage in the school district’s group health insurance program at
        his/her own expense under COBRA provisions, if the dependent was covered through the school district’s group health insurance program prior to the death of the
        employee/retiree.

   D.  An employee who elects to participate in this program will become a retired employee and will be entitled to all rights and privileges of such a retiree under applicable laws
        and policies of the school district.

   E.  Beneficiary.  In the event of the death of the employee prior to the early retirement amount being paid, payment will be as follows:

1. Lump sum payment will be made to a designated beneficiary for the early retirement amount due to the employee on January 20 of the school year following the licensed employee’s approval for early retirement.
2. In the event no beneficiary is named, payment shall be made to the estate of the employee on January 10 following the licensed employee’s approval for early retirement.

The board has complete discretion to offer or not to offer an Early Retirement Plan for licensed employees and will review this policy annually.  The board may discontinue the school district’s Early Retirement Plan at any time.
 

         

 

I.    Eligibility for Early Retirement Plan

The school district offers an Early Retirement Plan for full-time support staff employees.  Full-time support staff employees are support staff employees who are eligible for full insurance coverage under the requirements of the insurer and who are currently performing their assigned duties within the school district.  A support staff employee is eligible to participate in the Early Retirement Plan under the following terms:

   A.  The number of applications for the Early Retirement Plan will be limited to no more than five (5) for a given fiscal year, unless the Board chooses to allow more than five (5).

   B.  The Early Retirement Plan will be available to a support staff employee who is fifty-five (55) years of age by the start of the next school year.

   C.  The Early Retirement Plan will be available to those who have completed their most recent ten (10) consecutive years of service in the Red Oak Community School District.

   D.  The employee shall submit an application for the plan on or before January 30 of the current school year, at the Board’s discretion.

   E.  The employee shall submit a written resignation resigning from the existing contract.  The resignation may be contingent upon approval by the board of participation in the
         voluntary early retirement program.

   F.  All applications for the Early Retirement Plan will be considered not later than the first regular board meeting in February, and if more than the designated number allowed in
        Section A are received, the highest priority will be given to the employees with the longest continuous years of service in the District.

   G.  An employee who meets the criteria in item “B”, but who has not completed a minimum of ten (10) consecutive years of service to the school district may apply for a
         prorated early retirement amount.  Approval of such application by the board will be based on the best interests of the school district, and if a prorated amount is approved,
         the amount will be based on completed consecutive years of service at the time of the application for the Early Retirement Plan.

   H.  The application for the Early Retirement Plan and the resignation must be approved by the board, which will authorize disbursement of the early retirement amount.

   I.    Approval by the board of the support staff employee's early retirement application shall constitute a voluntary resignation.  Approval by the board of the support staff
         employee's early retirement application will also make the support staff employee eligible for disbursement of the early retirement amount on January 10 of the school year
         following the support staff employee’s approval for early retirement.  Failure of the board to approve the support staff employee's early retirement application will make the
         support staff employee's current contract with the board continue in full force and effect.

 

II.   Voluntary Early Retirement Amount and Terms:

   A.  A support staff employee who meets one of the eligibility requirements as stated in the policy will be eligible for the early retirement amount of approximately 45% of the
         beginning base pay for their job classification plus an amount equal to 25% of the employee’s accumulated sick leave times the current daily substitute pay rate for that
         position.  An employee whose contractual full-time equivalency (FTE) is less than 1.00 will be eligible for a prorated early retirement amount by multiplying the employee’s
         FTE by the applicable amount above.  

   B.  An employee agrees to participate in the “Special Pay Plan”.  This plan allows payment of the early retirement amount to be paid to a Tax Shelter Annuity of the employee’s
        choice.  This Tax Shelter Annuity must be with a company that participates in the State of Iowa Plan.  If the employee is currently contributing to a Tax Shelter Annuity the
        payment will be made to the same company.  The employee agrees not to close out this account before the January payment is made.

   C.  Upon retirement, the support staff employee is eligible to continue participation in the school district's group insurance plan at the support staff employee's expense by
        meeting the requirements of the insurer.  The employee/retiree must pay the monthly premium amount in full to the board secretary prior to the due date of the school
        district's premium payment to the insurance carrier.

        This insurance coverage will cease when the support staff employee/retiree qualifies for Medicare coverage, secures other employment in which the employer provides
        insurance coverage, or dies.  If dependent insurance coverage is carried, that coverage may continue at the dependent’s expense beyond the employee's/retiree's
        qualification for Medicare coverage under COBRA provisions.

        In the event of the death of the employee/retiree, the dependent of the employee/retiree may continue  coverage in the school district's group health insurance program at
        his/her own expense under COBRA  provisions, if the dependent was covered through the school district's group health insurance program prior to the death of the
        employee/retiree.

   D.  An employee who elects to participate in this program will become a retired employee and will be entitled to all rights and privileges of such a retiree under applicable laws
        and policies of the school district.

   E.  Beneficiary.  In the event of the death of the employee prior to the early retirement amount being paid, payment will be as follows:

1. Lump sum payment will be made to a designated beneficiary for the early retirement amount due to the employee on January 10 of the school year following the support staff employee’s approval for early retirement.
2. In the event no beneficiary is named, payment shall be made to the estate of the employee on January 10 following the support staff employee’s approval for early retirement.

The board has complete discretion to offer or not to offer an Early Retirement Plan for support staff employees and will review this policy annually.  The board may discontinue the school district's Early Retirement Plan at any time. 

 

The undersigned licensed employee acknowledges receipt of the Early Retirement Plan documents stated below, for the licensed employee’s consideration:

• early retirement policy (plan description);
• early retirement application.

The undersigned licensed employee acknowledges that the application and participation in the Early Retirement Plan is entirely voluntary.

The undersigned licensed employee acknowledges that the school district recommends the licensed employee contact legal counsel and the employee’s personal accountant regarding participation in the Early Retirement Plan.

 

______________________________________________________________         _______________________________
Licensed Employee                                                                                                        Date

 

Board policy allows the employee to continue to participate in the school district’s group health insurance plan until age 65 by meeting the requirements of the insurer.

The licensed employee is responsible for the cost of the health insurance premium. The licensed employee must pay the employee’s share of the premium by paying the monthly premium amount in full to the board secretary prior to the due date of the school district’s premium payment to the insurance carrier.

 

________ I would like to remain on the school’s health insurance policy.  I will submit a check to the Central Office the first of each month.  Failure to submit this check will result in loss of insurance coverage. 

Plan selected: ___________________________________________________________________

________ I wish NOT to remain on the school’s health insurance policy when I am no longer an ACTIVE employee.  (after all pay is received)  COBRA option has been explained to me.

________I would like to remain on the school’s dental insurance policy.  I will submit a check to the Central Office the first of each month.  Failure to submit this check will result in loss of dental insurance coverage.  Plan selected: __________________________________________________________

________I wish NOT to remain on the school’s dental insurance policy when I am no longer an ACTIVE employee.  (after all pay is received)  COBRA option has been explained to me.

________I wish to receive all remaining pay for the _______ school year on June 10, 20__.  (Recommend you contact IPERS to discuss, if it is better for you to take all payment in June or to continue to receive checks during July and August.  This varies from person to person)  If the employee participates in the TaxSaver Plan, the July and August monthly amounts will be deducted from the June 10, 20__ paycheck.

 

 

______________________________________________________________         _______________________________
Licensed Employee                                                                                                                                             Date

 

 

The undersigned licensed employee is applying for early retirement pursuant to board policy.  Please complete the following information:

______________________________________________________________         _______________________________
(Full Legal Name of Licensed Employee)                                                                       (Social Security Number)

_______________________________________________________     _________________________     __________________________
(Current Job TItle)                                                                                       (Date of Birth)                                 (Years of Consecutive Service)

Please attach a letter of resignation effective at the end of the current contract year.

The undersigned licensed employee acknowledges that application and participation in the Early Retirement Plan is entirely voluntary.

The undersigned licensed employee acknowledges that the early retirement amount will be paid on January 10 of the school year following the licensed employee’s approval for early retirement.

The undersigned licensed employee acknowledges that the school district recommends that the licensed employee contact legal counsel and the employee’s own personal accountant regarding participation in the Early Retirement Plan.

Should the licensed employee die prior to full payment of an early retirement amount, the licensed employee designates either the following individual as beneficiary or the licensed employee’s estate.

__________ Beneficiary                                                            __________ Estate

____________________________________________________________________________________________________
Beneficiary

____________________________________________________________________________________________________
Beneficiary Address

______________________________________________________________         _______________________________
Licensed Employee                                                                                                        Date

______________________________________________________________         _______________________________
Witness                                                                                                                           Date

 

Employee Personnel Records Contents

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;
• Application, resume and references, except those that shall be kept confidential according to state and federal law;
• Educational transcripts;
• Copy of the employee’s license or certificate, if needed for the position;
• Individual employment contract;
• Job description and/or assignment;
• Salary information;
• Tax documents, including, but not limited to IRS Form W-4;
• Written attendance records;
• Evaluation documents;
• Complaints;
• Performance improvement plans;
• Documents concerning any raise, promotion, pay decrease or demotion;
• Records of disciplinary matters;
• Receipts and/or acknowledgements of any employee-related material, including policies and handbooks;
• Letters of termination and/or resignation;
• Documentation relating to an employee’s unemployment benefits; and
• Documentation relating to an employee’s employment ceasing.

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, including, but not limited to, medical records and/or notes;
• Employee emergency names and numbers; and
• Family and medical leave request forms.

3.     Employee immigration forms, specifically Form I-9, are kept separate from employee personnel records, and may be kept in a file that houses all employees’ immigration forms for the U.S. Citizenship and Immigration Services.

 

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

 

Record Access

The Board shall allow current and former employees access to their files pursuant to state and federal law.

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

The general public may have access to an employee’s personnel records and/or personnel information as permitted by law.  Specifically, the general public may have access to the following information:

• An employee’s name and compensation, including any written agreement establishing compensation or any other terms of employment excluding any information otherwise protected under the law.
  • Compensation means payment of, or agreement to pay, any money, thing of value, or financial benefit conferred in return for labor or services rendered by an official, officer or employee plus the value of benefits conferred including but not limited to casualty, disability, life, or health insurance, other health or wellness benefits, vacation leave, holiday leave, sick leave, severance payments, retirement benefits, and deferred compensation.
• The dates the employee was employed by the district.
• The positions the employee holds or has held with the district.
• The educational instructions attended by the employee, including any diplomas and degrees earned, and the names of the employee’s previous employers, positions previously held, and dates of previous employment.
• The fact that the individual resigned in lieu of termination, was discharged, or was demoted as the result of a disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion.

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.

 

 

Pre-approved expenses for transportation within three-hundred miles of the school district administrative office will be by automobile.  If a school district vehicle is not available, the employee will be reimbursed at the federal reimbursement rate on July 1^st of that fiscal year.  The superintendent may allow an employee to drive their own vehicle and receive reimbursement in certain situations. Pre-approved expenses for transportation outside of three-hundred miles of the school district administrative office may be by public carrier.  Reimbursement for air travel will be at the tourist class rates.  Should an employee choose to travel by automobile, reimbursement will be limited to the public carrier amount.  Pre-approved expenses for transportation in a rental car is limited to the cost of a Class “C” rental car at a medium priced agency unless the number of people traveling on behalf of the school district warrants a larger vehicle.

                         

 

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

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

All licensed school employees, including teachers, coaches, nurses, and paraeducators, are required to report, orally, within 24 hours or and in writing, within  48 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. 

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.

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.

Approved:  July 25, 2018      
Reviewed: May 23, 2022     
Revised: May 23, 2022                         

 

An individual who has knowledge an employee has physically or sexually abused a student may immediately report it to 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 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.

Any Level I investigation shall follow all applicable Iowa laws and regulations.

 

Complaint of Injury to or Abuse of a Student by a School District Employee

 

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 number: ____________________________________________________
 

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.  Included 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.

 

Report of Level I Investigation

Students Name:______________________________________________

Student’s Age_________________________           Students 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: 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: Attached 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

 

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.

The following are general guidelines regarding hand washing: 

• 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.

 

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.

 

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

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

The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy.  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.  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 or alcohol statute no later than five (5) 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)

 

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 26,001 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 until such time employment is terminated or the employee will no longer operate, at any time, a commercial motor vehicle for the school.

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’s 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, regulations and the law.  It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using.  Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents, regulations or the law.

 

I, (____________________), have received a copy, read and understand the Drug and Alcohol
         Name of Employee

Testing Program policy of the Red Oak Community School District and its supporting documents.

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

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.

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

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

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

 

_____________________________________________________________     ____________________________________
(Signature of Employee)                                                                                                                     (Date)

 

A.        School District Notice

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

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

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

   c.         an explanation of the employee’s right to run concurrently applicable paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and

   d.         a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.

 

B.        Eligible Employees

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

   a.         The employee has worked for the school district for at least twelve (12) months or fifty-two (52) weeks (the months and weeks need not be consecutive); and

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

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

 

C.        Employee Requesting Leave (two types of leave)

1. Foreseeable family and medical leave

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

   b.         Employee must give at least thirty (30) days notice for foreseeable leave.  Failure to give the notice may result in the leave beginning thirty (30) days after notice was received.  For those taking leave due to military family and medical leave, notice should be given as soon as possible.

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

2. Unforeseeable family and medical leave.

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

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

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

 

D.        Eligible Family and Medical Leave Determination

1. The following is a list of the acceptable purposes for family or medical leave:

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

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

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

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

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

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

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

   a.         When required:
               i.          Employees shall be required to present medical certification of the employee’s serious health condition and inability to perform the essential functions
                           of the job;

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

               iii.        Employees may be required to present certification of the call to active duty when taking military family and medical leave.

   b.         Employee’s medical certification responsibilities:

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

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

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

   c.         Medical certification will be required fifteen (15) days after family and medical leave begins unless it is impracticable to do so.  The school district may request recertification every thirty (30) days.  Recertification must be submitted within fifteen (15) days of the school district’s request.

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

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

   f.          An employee who fails to complete and return all necessary Family and Medical Leave Act documentation may have the leave designated by administration as approved family and medical leave, provided the leave is such that would be covered as approved family and medical leave.

 

E.         Entitlement.

1. Employees are entitled to twelve (12) weeks unpaid family and medical leave per year.   Employees taking military caregiver family and medical leave to care for a family service member are entitled to twenty-six (26) weeks of unpaid family and medical leave but only in a single twelve (12) month period.
    
2. Year is defined as a “rolling” twelve (12) month period measured backward from the date of any FMLA leave usage.
    
3. If insufficient leave is available, the school district may:

   a.         Deny the leave if entitlement is exhausted;

   b.         Award leave available; and/or

   c.         Award leave in accordance with other provisions of board policy or the collective bargaining agreement.

 

F.         Type of Leave Requested.

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

   a.         Intermittent family and medical leave is available for:

               i.          the birth or adoption of the employee’s child, foster care placement subject to agreement by the district;

               ii.         the employee or the employee’s parent or child, when medically necessary, is suffering from a serious health condition;

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

               iv.        the employee is the spouse, son or daughter, parent or next of kin of a covered service member with a serious injury or illness.

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

   c.         During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits.    (For instructional employees, see G below.)
    

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

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

               i.          the birth or adoption of the employee’s child, foster care placement subject to agreement by the district;

               ii.         the employee or the employee’s parent or child, when medically necessary, is suffering from a serious health condition;

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

               iv.        the employee is the spouse, son or daughter, parent or next of kin of a covered service member with a serious injury or illness.

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

   c.         During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and benefits.  (For instructional employees, see G below.)

 

G.        Special Rules for Instructional Employees.

1. Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting.  This includes, but is not limited to, teachers, coaches, driver’s education instructors and special education assistants.
    
2. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent (20%) of the work days in the leave period may be required to:

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

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

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

   a.         If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.

   b.         If the employee begins family and medical leave for a purpose other than the employee’s own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.

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

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

 

H.        Employee responsibilities while on family and medical leave.

1. Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits while on FMLA leave.
    
2. The employee contribution payments will be deducted from any money owed to the employee or the employee will reimburse the school district by delivery of cash or check to the employer’s business office by the first day of the month in which premiums are due to the carrier.
    
3. An employee who fails to make the health care contribution payments within thirty (30) days after they are due will be notified that their coverage may be canceled if payment is not received within an additional fifteen (15) days.
    
4. An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty (30) days and return the certification within fifteen (15) days of the request. 
    
5. The employee must notify the school district of the employee’s intent to return to work at least once each month during their leave and at least two (2) weeks prior to the conclusion of the family and medical leave.
    
6. If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee’s intent not to return.  The school district will cease benefits upon receipt of this notification.

 

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

1. The district may require, or an employee may request, their unpaid family and medical leave run concurrently with applicable paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement, as outlined in the family and medical leave administrative rules.  When the district determines that paid leave is being taken for an FMLA reason, the district will notify the employee within two (2) business days that the paid leave will be counted as FMLA leave.
    
2. The district may require, or an employee may request, to run concurrently paid sick and/or personal leave with unpaid FMLA leave for the serious health condition of the employee only.  Upon the expiration of paid leave, the FMLA leave for the serious health condition of the employee is unpaid.
    
3. The district may require, or an employee may request, to run concurrently paid family sick leave and personal leave with unpaid FMLA leave for the serious health condition of an employee’s family member.  Upon the expiration of paid leave, the FMLA leave for the serious health condition of an employee’s family member is unpaid.
    
4. The district may require or an employee may request to run concurrently paid sick leave/family illness leave with their unpaid FMLA leave for the birth of their child as follows:  a mother may run concurrently her available paid sick leave for so long as her health care provider certifies that she is unable to perform the essential functions of her job/has a serious health condition; a mother may run concurrently her available paid family illness leave for so long as a health care provider certifies that her newborn infant has a serious health condition; and a spouse may run concurrently his/her available paid family illness leave for so long as a health care provider certifies that the employee is needed  to care for the mother who has a serious health condition or child who has a serious health condition.  Upon the expiration of paid leave, the FMLA leave for the birth of a child or for the placement of a child for adoption or foster care is unpaid.
    
5. The district may require, or an employee may request, to run concurrently available paid personal leave with their unpaid FMLA leave for the birth of their child or for placement with the employee of a child for adoption or foster care.  Upon the expiration of paid leave, the FMLA leave for the birth of a child or for the placement of a child for adoption or foster care is unpaid.

 

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

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

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

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

• A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
  • treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or
  • treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
• Any period of incapacity due to pregnancy or for prenatal care.
• Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
  • requires periodic visits for treatment by a health care provider or by a nurse or physician’s assistant under direct supervision of a health care provider;
  • continues over an extended period of time (including recurring episodes of a single underlying condition); and
  • may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
• ​​​​​​​Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer’s, a severe stroke or the terminal stages of a disease.
• Any period of absence to receive multiple treatments (including any period of recovery) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

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

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

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

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

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

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

Health Care Provider-

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

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

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

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

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

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

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

Next of Kin - an individual’s nearest blood relative

Outpatient Status - the status of a member of the Armed Forces assigned to one of the following:

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

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

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

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

Serious Health Condition - An illness, injury, impairment, or physical or mental condition that involves:

• Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
• Continuing treatment by a health care provider.  A serious health condition involving continuing treatment by a health care provider includes:
  • A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
    • Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or
    • Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
  • Any period of incapacity due to pregnancy or for prenatal care.
  • Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
    • Requires periodic visits for treatment by a health care provider or by a nurse or physician’s assistant under direct supervision of a health care provider;
    • Continues over an extended period of time (including recurring episodes of s single underlying condition); and,
    • May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
  • A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer’s a severe stroke or the terminal stages of a disease.
  • Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
• ​​​​​​​Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
• Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not “serious health conditions” unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
• Substance abuse may be a serious health condition if the conditions of this section are met.  However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider.  On the other hand, absence because of the employee’s use of the substance, rather than for treatment, does not qualify for FMLA leave.
• Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days.  For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee’s health care provider has advised the employee to stay home when the pollen count exceeds a certain level.  An employee who is pregnant may be unable to report to work because of severe morning sickness.

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

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

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

 

LEAVE ENTITLEMENTS - Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons:

• The birth of a child or placement of a child for adoption or foster care;
• To bond with a child (leave must be taken within 1 year of the child’s birth or placement);
• To care for the employee’s spouse, child, or parent who has a qualifying serious health condition;
• For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job;
• For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent.

An eligible employee who is a covered servicemember’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to care for the servicemember with a serious injury or illness.

An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule.

Employees may choose, or an employer may require, use of accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies.

BENEFITS & PROTECTIONS - While employees are on FMLA leave, employers must continue health insurance coverage as if the employees were not on leave.

Upon return from FMLA leave, most employees must be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions.

An employer may not interfere with an individual’s FMLA rights or retaliate against someone for using or trying to use FMLA leave, opposing any practice made unlawful by the FMLA, or being involved in any proceeding under or related to the FMLA.

ELIGIBILITY REQUIREMENTS - An employee who works for a covered employer must meet three criteria in order to be eligible for FMLA leave. The employee must:

• Have worked for the employer for at least 12 months;
• Have at least 1,250 hours of service in the 12 months before taking leave; and
• Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite.

REQUESTING LEAVE - Generally, employees must give 30-days’ advance notice of the need for FMLA leave. If it is not possible to give 30-days’ notice, an employee must notify the employer as soon as possible and, generally, follow the employer’s usual procedures.  Employees do not have to share a medical diagnosis but must provide enough information to the employer so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or will be unable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. Employees must inform the employer if the need for leave is for a reason for which FMLA leave was previously taken or certified.

Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the certification is incomplete, it must provide a written notice indicating what additional information is required.

EMPLOYER RESPONSIBILITIES - Once an employer becomes aware that an employee’s need for leave is for a reason that may qualify under the FMLA, the employer must notify the employee if he or she is eligible for FMLA leave and, if eligible, must also provide a notice of rights and responsibilities under the FMLA. If the employee is not eligible, the employer must provide a reason for ineligibility.  Employers must notify its employees if leave will be designated as FMLA leave, and if so, how much leave will be designated as FMLA leave.

ENFORCEMENT - Employees may file a complaint with the U.S. Department of Labor, Wage and Hour Division, or may bring a private lawsuit against an employer.

The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.

For additional information or to file a complaint:
1-866-4-USWAGE
(1-866-487-9243)   TTY: 1-877-889-5627
www.dol.gov/whd
U.S. Department of Labor | Wage and Hour Division

 

Date:                                 

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

                           for the birth of my child;

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

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

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

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

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

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

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

I request that my family and medical leave begin on                                      and I request leave as follows: (check one)

                   continuous

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

                   intermittent leave for the:

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

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

                   Details of the needed intermittent leave:

                   ____________________________________________________________________

                   ____________________________________________________________________                                                                                                                             

                   ____________________________________________________________________

                   ____________________________________________________________________

                   ____________________________________________________________________

                   I anticipate returning to work at my regular schedule on                                      .

 

                   reduced work schedule for the:

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

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

 

                   Details of needed reduction in work schedule as follows:

                   ____________________________________________________________________

                   ____________________________________________________________________                                                                                                                             

                   ____________________________________________________________________

                   ____________________________________________________________________

                   ____________________________________________________________________

                   I anticipate returning to work at my regular schedule on                                      .

 

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

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

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

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

 

Signed                                                                  

Date                                                                     

 

I.          Commitment to the Student.

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

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

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

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

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

5. Shall not on the basis of race, color, creed, age, sex, physical or mental handicap, marital status, or national origin exclude any student from participation in or deny the student benefits under any program nor grant any discriminatory consideration or advantage.

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

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

8. Shall not tutor for remuneration students assigned to the educator’s classes, unless no other qualified teacher is reasonably available.

 

II.        Commitment to the Public.

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

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

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

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

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

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

 

III.       Commitment to the Profession.

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

1. Shall not discriminate on the basis of race, color, creed, age, sex, physical or mental handicap, marital status, or national origin for membership in the profession, nor interfere with the participation or nonparticipation of colleagues in the affairs of their professional associations.

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

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

4. Shall withhold and safeguard information acquired about colleagues in the course of employment, unless disclosure serves professional purposes.

5. Shall not refuse to participate in a professional inquiry when requested by the commission board.

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

7. Shall not misrepresent professional qualifications.

8. Shall not knowingly distort evaluations of colleagues.

 

IV.       Commitment to Professional Employment Practices.

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

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

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

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

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

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

6. Shall not delegate assigned tasks to unqualified personnel.

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

 

V.        Commitment of Board Members and Staff.

The board members and staff will be independent and impartial and not use the public office for private gain.  In fulfilling their obligation the board employees will not:

1. Receive any remuneration for services, other than that payable by law.

2. Solicit, accept or agree to accept any gifts, loans, gratuities, discounts, favors, hospitalities or services from anyone with vested interests in board matters.

3. Disclose confidential information garnered from official duties.

4. Solicit, accept or agree to accept compensation contingent upon board actions.

5. Hold positions, perform duties, or engage in activities not compatible with official capacity.

These rules are intended to implement Iowa Code, chapter 272.

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

 

 

Approved:  July 25, 2018      
Reviewed: July 25, 2018     
Revised: July 25, 2018