Complaints of employees against fellow employees should be discussed directly between employees. If necessary, complaints will be brought directly to the immediate supervisor, principal or superintendent and will be made in a constructive and professional manner. Reasonable efforts will be made to make sure complaints will never be made in the presence of other employees, students or outside persons.
 
Approved: 1994-1995
Reviewed: 2006-2007; November 21, 2011
Revised: August 2013

Harassment of employees and students by employees will not be tolerated in the school district.  School district includes school district facilities, school district premises, and non-school property if the employee or student is at any school sponsored, school approved or school related activity or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.
 
Harassment includes, but is not limited to, sex, race and color, national origin, religion and creed, age, marital/parental status, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, or socioeconomic status or familial status.  Harassment by Board members, administrators, employees, parents, students, vendors, and others doing business with the school district is prohibited. Employees whose behavior is found to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, discharge or other appropriate action.  Other individuals whose behavior is found to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the superintendent or Board.
 
Sexual harassment shall include, but not be limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
•       submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
•       submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
•       such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
 
Other types of harassment may include, but not be limited to, jokes, stories, pictures or objects that are offensive, tend to alarm, annoy, abuse or demean certain protected individuals and groups.
 
It shall be the responsibility of the Board members, administrators, licensed and classified employees, students and others having business or other contact with the school district to act appropriately under this policy.  It shall be the responsibility of the superintendent and investigator to inform and educate employees or students and others involved with the school district about harassment and the school district's policy prohibiting harassment.
 
All members of the Columbus School District, including, but not necessarily limited to, the Board, the administration, the faculty, the staff, and the students, are expected to conduct themselves at all times so as to provide an atmosphere free from sexual harassment.  Any person who engages in sexual harassment while acting as a member of the school community will be in violation of this policy and subject to the procedures outlined below.
 
It shall be the responsibility of the superintendent, in conjunction with the investigator, to develop administrative rules regarding this policy.
 
Approved:  November 18, 2013
Reviewed:
Revised:

Complaint Procedures
 
An employee or student who believes that they have been harassed shall notify their building principal, the designated investigator.  The alternate investigator is the school nurse.  The investigator may request that the employee or student complete the Harassment Complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures.  Information received during the investigation shall be kept confidential to the extent possible. The investigator, with the approval of the superintendent, or the superintendent has the authority to initiate an harassment investigation in the absence of a written complaint.
 
Investigation Procedure
 
The investigator shall reasonably and promptly commence the investigation upon receipt of the complaint.  The investigator shall interview the complainant and the alleged harasser.   The alleged harasser may file a written statement refuting or explaining the behavior outlined in the complaint.  The investigator may also interview witnesses as deemed appropriate.
 
Upon completion of the investigation, the investigator shall report to the superintendent.  The investigator will outline the findings of the investigation to the superintendent.
 
Resolution of the Complaint
 
The superintendent will complete the next step in the investigation reasonably and promptly upon receipt of the investigator's report.  Following the investigator's report, the superintendent may investigate further, if deemed necessary, and make a determination of the appropriate next step which may include discipline up to and including discharge.
 
Prior to the determination of the appropriate remedial action, the superintendent may, at the superintendent's discretion, interview the complainant and the alleged harasser.  The superintendent shall file a written report closing the case.  The complainant, the alleged harasser and the investigator shall receive notices to the conclusion of the investigation.
 
 
Points to Remember in the Investigation
•       Evidence uncovered in the investigation is confidential.
•       Complaints must be taken seriously and investigated.
•       No retaliation will be taken against individual involved in the investigation process.
•       Retaliators will be disciplined up to and including discharge.
 
Conflicts
 
If the investigator is the alleged harasser or a witness to the incident, the alternate investigator shall be the investigator. 
 
If the alleged harasser is the superintendent, the alternate investigator shall take the superintendent's place in the investigation process. The alternate investigator shall report the findings to the Board.
 
Approved: November 18, 2013
Reviewed:
Revised:
 
 

The Grievance Officer
 
The Board shall annually appoint a sexual harassment grievance officer who will be vested with the authority and responsibility of processing all sexual harassment complaints in accordance with the procedure set out below.  Employees who believe they have suffered sexual harassment shall report such matters to their building principal, who shall be the investigator and grievance officer for the complaints.  In the event that the grievance officer becomes a party to a sexual harassment complaint, an alternate grievance officer, the district superintendent, shall assume this responsibility.
 
Procedure
 
1.      Any member of the school community who believes that he or she has been subjected to sexual harassment shall report the incident(s) to the Board-appointed grievance officer.
2.      The grievance officer receiving complaints shall attempt to resolve the problem in an informal manner through the following interviewing process:
a.      The grievance officer shall confer with the charging party in order to obtain a clear understanding of that party's statement of the facts.
b.      The grievance officer shall then attempt to meet with the charged party in order to obtain his or her response to the complaint.
c.      The grievance officer may hold as many meetings with the parties as is necessary to gather facts.
d.      On the basis of the grievance officer's perception of the situation, he or she may:
(1)    Attempt to resolve the matter informally through conciliation.
(2)    Report the incident and transfer the record to the superintendent or his/her designee, and so notify the parties by certified mail.
3.      After reviewing the record made before the grievance officer, the Superintendent or designee may attempt to gather additional evidence necessary to decide the case, and thereafter impose any sanctions deemed appropriate, including a recommendation to the Board for termination or expulsion.
 
All matters involving sexual harassment complaints shall remain confidential to the extent possible.
 
Approved: November 18, 2013
Reviewed:
Revised:
 
 
 
 
 

The Board recognizes situations may arise in the operation of the school district which are of concern to parents and other members of the school district community.  While constructive criticism is welcomed, the Board desires to support its employees and their actions to free them from unnecessary, spiteful or negative criticism and complaints that do not offer advice for improvement or change.
 
The Board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern.  Whenever a complaint or concern is brought to the attention of the Board it will be referred to the administration to be resolved consistent with the following:

1. Matters concerning an individual student, teacher or other employee should first be addressed to the teacher or employee.
2. Unsettled matters from (1) above or problems and questions about individual attendance centers should be addressed to the employee's building principal or immediate supervisor.
3. Unsettled matters regarding licensed employees from (2) above or problems and questions concerning the school district should be directed to the superintendent.
4. If a matter cannot be settled satisfactorily by the superintendent, the individual may ask that it be brought to the Board.  To ask that a concern regarding an employee be addressed by the Board, the individual must notify the Board President in writing of the concern.  The Board President may bring it to the attention of the entire Board by placing it on the agenda or the individual may be able to address the complaint with the Board at the beginning of a meeting in accordance with Board policy.

 
It is within the discretion of the Board to address complaints from the members of the school district community, and the Board will only do so if they are in writing, signed, and the complaint has complied with this policy.
 
Approved: 1994-1995
Reviewed: 2006-2007; November 21, 2011
Revised:  November 18, 2013

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

1. Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.
2. Individual employment contract.
3. Evaluations.
4. Application, resume and references, except those that shall be kept confidential according to state and federal law.
5. Salary information.
6. Copy of the employee's license or certificate, if needed for the position.
7. Educational transcripts.
8. Job description and/or assignment.
9. Records of disciplinary matters.
10. Tax documents, including, but not limited to IRS Form W-4.
11. Written attendance records.
12. Complaints.
13. Performance improvement plans.
14. Documents concerning any raise, promotion, pay decrease or demotion.
15. Receipts and/or acknowledgements of any employee-related material, including policies and handbooks.
16. Letters of termination and/or resignation.
17. Documentation relating to an employee’s unemployment benefits.
18. Documentation relating to an employee’s employment ceasing.

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

1. Employee's medical history, including, but not limited to, medical records and/or notes;
2. Employee’s emergency names and numbers;
3. Medical professional signed physical form;
4. Sick or long-term disability leave days;
5. Family and medical leave request forms;
6. Worker's compensation claims;
7. Reasonable accommodation made by the District to accommodate the employee's disability.

 
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 for Employment Records
Records on applicants for positions with the District, which are maintained in the central administration office, may contain, but are not limited to, the following information:

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

 
Access to Records
The Board shall allow current and former employees access to their files pursuant to state and federal law.
 
The Board shall allow only authorized school officials 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:

1. 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.
   1. 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.
2. The dates the employee was employed by the District.
3. The positions the employee holds or has held with the District.
4. 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.
5. The fact that the employee was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal, and statutory remedies.

 
Employee Record Retention
All employee records, except payroll and salary records, are maintained for a minimum of seven (7) years after termination of employment with the district. Applicant records are maintained for minimum of three (3) years after the position was filled. Payroll and salary records are maintained for a minimum of three (3) years after payment.
 
Approved: 1994-1995
Reviewed: 2006-2007; November 21, 2011
Revised: November 18, 2013

Employees' use of their position with the District directly or indirectly for financial gain is considered a conflict of interest with their position as employees and may subject employees to disciplinary action.
 
Employees have access to information and a captive audience that could award the employee personal or financial gain. No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the superintendent. If the approval of the superintendent is given, the employee must conduct the solicitations within the conditions set by the superintendent. Further, the superintendent may, upon five days’ notice, require the employee to cease such solicitations as a condition of continued employment.
 
Employees will not act as an agent or dealer for the sale of textbooks, school equipment, musical instruments or other school supplies supply to the school district.  Employees will not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to pupils or to parents.  Employees will not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school district.
 
It will also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities. In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist will include, but not be limited to, any of the following:
 
(1) The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district's badge, uniform, business card or other evidences of office to give the employee or the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public. For purposes of this section, a person is not "similarly situated" merely by being related to an employee who is employed by the school district.
 
(2) The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district.
 
(3) The outside employment or activity is subject to the official control, inspection, review, audit or enforcement authority of the employee during the performance of the employee's duties.
 
If the outside employment or activity is employment or activity in (1) or (2) above, the employee must cease the employment of or activity. If the activity or employment falls under (3), then the employee must do one of the following:
• Cease the outside employment or activity; or
• Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity. Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.
 
It is the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.
 
Approved: 1994-1995
Reviewed: 2006-2007; November 21, 2011
Revised: November 16, 2009; November 18, 2013

Nepotism is patronage bestowed or favoritism shown on the basis of family relationship.  More than one family member may be an employee of the school district.  However, no school district employee shall be involved in hiring a family member.  The decision to employ more than one individual in a family shall be made on the basis of each individual’s qualifications and credentials.
 
It is within the discretion of the superintendent to allow one family member employed by the school district to supervise another family member employed by the school district subject to the approval of the board.  No school district employee shall attempt to influence the evaluation or conditions of employment of the employee’s family member with anyone who serves in a supervisory capacity over that family member.
 
Family members for purposes of this policy include husbands, wives, mothers, fathers, mothers-in-law, fathers-in-law, sisters, brothers, sisters-in-law, brothers-in-law, daughters, sons, daughters-in-law, and sons-in-law.
 
Approved: 1994-1995
Reviewed: 2006-2007; November 21, 2011
Revised: November 18, 2013

The Board understands the desire of students, parents, and others to give gifts to show appreciation of an employee.  Rather than giving gifts, the Board encourages, as more welcome and appropriate, the writing of letters to express gratitude and appreciation or the donation of a gift to benefit the District rather than an individual employee.
 
Employees shall not, either directly or indirectly, solicit, accept, or receive any gift, series of gifts or an honorarium unless the donor does not meet the definition of a “donor” stated below or the gift or honorarium does not meet the definition of “gift” or an “honorarium” stated below.  However, employees may receive nonmonetary gifts of a value less than $3.00 if the donor does not intend to influence the employee's professional judgment.  Employees may receive a gift on behalf of the District.
 
A "donor" is defined as a person or other entity which:
1.      Is seeking to be or is a party to any one or any combination of sales, purchases, leases, or contracts to, from, or with the District;
2.      Is engaged in activities, which are regulated or controlled by the District;
3.      Will be directly and substantially affected financially by the performance or nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry, or region; or
4.      Is a lobbyist with respect to matters within the District's jurisdiction.
 
A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received.  However, "gift" does not include any of the following:

1. Contributions to a candidate or a candidate's committee;
2. Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, or periodicals;
3. Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as agent or intermediary for another person not so related;
4. An inheritance;
5. Anything available or distributed to the public generally without regard to the official status of the employee
6. Actual expenses of an employee for food, beverages, travel, and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
7. Plaques or items of negligible resale value given as recognition for public services;
8. Items of food and drink with a value of less than three dollars that are received from anyone donor during one calendar day;
9. Items or services solicited or given to a state, national, or regional organization in which the state of Iowa or a political subdivision of the state of Iowa is a member; or
10. Items or services received as part of a regularly scheduled event that is part of a conference, seminar, or other meeting that is sponsored and directed by any state, national, or regional organization in which the state of Iowa or a political subdivision of the state of Iowa is a member.

 
An "honorarium" is anything of value that is accepted by, or on behalf of, an employee as consideration for an appearance, speech, or article.  However, an honorarium does not include any of the following:
1.      Actual expenses of an employee for food, beverages, travel, or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
2.      A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, a bona fide educational or charitable organization, or the department of general services; or
3.      A payment made to an employee for service rendered as part of a bona fide private business, trade, or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee but rather, because of some special expertise or other qualification.
 
It shall be the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.  An employee who violates this policy may be subject to disciplinary action, up to and including termination.
 
Approved: 1994-1995
Reviewed: 2006-2007; November 21, 2011
Revised: November 18, 2013

Employees will not engage in political activity upon property under the jurisdiction of the board or at District activities or events. Activities including, but not limited to, posting of political circulars or petitions, the distribution of political circulars or petitions, the collection of or solicitation for campaign funds, solicitation for campaign workers, and the use of students for writing or addressing political materials, or the distribution of such materials to or by students are specifically prohibited.
 
Violation of this policy may be grounds for disciplinary action, up to and including termination.
 
Approved: 1994-1995
Reviewed: 2006-2007; November 21, 2011
Revised: November 18, 2013

Cell Phone Usage
 
The following general rules apply to all employees’ use of cell phones:
1.      Cell phones shall be used in a manner that does not disrupt instruction and should not be used during school-sponsored programs, meetings, in-services, or other events where there exists a reasonable expectation of quiet attentiveness unless there is a reason of personal health or safety involved.
2.      Cell phones should not be used to transmit confidential information either verbally or written.
3.      Employees are prohibited from using a cell phone while driving, unless in the case of an emergency, unless the vehicle has come a complete stop.
 
Cell Phone Business Procedures
 
District employees may be reimbursed for use of privately owned cell phones to conduct school district business in accordance with board policy and this regulation, with prior approval of the superintendent.
 
Requests for reimbursement for authorized use of employee owned cell phones are to be submitted on District-provided forms accompanied by a copy of the billing statement with the District business-related calls highlighted. A notation for each highlighted entry, indicating the nature of the call is required. The employee’s immediate supervisor must sign-off on the billing statement verifying the calls were school district business related. School district reimbursement for authorized use of employee owned cell phones will be made in conformance with school district payment procedures. Requests for reimbursement, including the highlighted billing statement must be submitted within thirty (30) days of the end of the time period for which reimbursement is requested. Requests submitted after the reimbursement deadline has passed will be denied.
 
Approved: January 17, 2011
Reviewed: November 21, 2011
Revised: November 18, 2013

Iowa law requires employees who are “mandatory reporters” 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 an 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 employee may be subject to civil liability for damages caused by the failure to report.
 
Iowa law provides that 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 civil or criminal liability.
 
Child Abuse Defined
"Child abuse" is defined as:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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
Employees who are mandatory reporters are required to report, either orally or in writing, within twenty-four (24) hours to the Iowa Department of Human Services when, within the scope of their professional duties, the employee reasonably believes a child has suffered from abuse.  Within forty-eight (48) hours of an oral report, a written report must be filed with the Iowa Department of Human Services.
 
Each report should contain as much of the following information as can be obtained within the time limit; however, Iowa law specifies a report will be considered valid even if it does not contain all of the following information:

1. name, age, and address of the child;
2. name and address of parent(s), guardian(s) or other person(s) believed to be responsible for the care of the child;
3. the child’s present whereabouts if different from the parent(s), guardian(s) or other person(s) legally responsible for the child;
4. description of injuries, including evidence of previous injuries;
5. name, age, and condition of other children in the same home;
6. any other information considered helpful; and
7. Name and address of the person making the report.

 
It is not the responsibility of employees to prove that a child has been abused or neglected.  Employees should not take it upon themselves to investigate the case or contact the family of the child.  The Iowa Department of Human Services is responsible to investigate any incident of alleged abuse.
 
Approved: 1994-1995
Reviewed: 2006-2007; November 21, 2011
Revised: November 18, 2013

Please complete the following as fully as possible.  If you need assistance, contact the Level I investigator in your school.
 
Student's name and address:                                                                                                                       
                                                                                                                                                                                                                                             
                                                                                                    
Student's telephone no.:                                                                                                                                                                                            
 
Student's school:                                                                                                                                                                                                                  
 
Name and place of employment of employee accused of abusing student:
                                                                                                                                                                 
                                                                                                      
                                                                                                    
Allegation is of              Physical abuse                Sexual abuse*
        
Please describe what happened.  Include the date, time and where the incident took place, if known.  If physical abuse is alleged, also state the nature of the student's injury:
                                                                                                                                                                   
 
                                                                                                                                                                   
 
                                                                                                                                                                  
                                                                                                                                                                                                                                                                                                          
Were there any witnesses to the incident or are there students or persons who may have information about this incident?                     yes                              no
 
If yes, please list by name, if known, or classification (for example "third grade class," "fourth period geometry class"):     
 
                                                                                                                                                                                                         
 
*Parents of children who are in pre-kindergarten through sixth grade and whose children are the alleged victims of or witnesses to sexual abuse have the right to see and hear any interviews of their children in this investigation.  Please indicate "yes" if the parent/guardian wishes to exercise this right:
 
                      yes                        no      Telephone Number                                                                           
 
Has any professional person examined or treated the student as a result of the incident? 
                    yes                     no                           unknown
 
If yes, please provide the name and address of the professional(s) and the date(s) of examination or treatment, if known
                                                                                                                                                                
 
                                                                                                                                                                                                                                                                            
                                                                                                               
 
Has anyone contacted law enforcement about this incident?           yes             no
 
Please provide any additional information you have which would be helpful to the investigator.  Attach additional pages if needed.
                                                                                                                                                                 
 
                                                                                                                                                               
 
                                                                                                                                                               
 
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
Your name, address and telephone number:
                                                                                                                                                                                                                                                                                                                                                                                             
Relationship to student:                                                                                                                                                                                                    
 
                                                                                                                                                                                                                                  
Complainant Signature                                                              Witness Signature
                   
                                                                                                                 
Date                                Witness Name (please print)                                                                                
                   
 Witness Address                                                                                                                                        
                                              
Be advised that you have the right to contact the police or sheriff's office, the county attorney, a private attorney, or the State Board of Educational Examiners (if the accused is a licensed employee) for investigation of this incident.  The filing of this report does not deny you that opportunity. 
 
You will receive a copy of this report (if you are the named student's parent or guardian) and a copy of the Investigator's Report within fifteen (15) calendar days of filing this report unless the investigation is turned over to law enforcement.

Student's name:                                                                                                                                                                   
 
Student's age:                                       Student's grade:                                               
 
Student's address:                                                                                                                                                                          
 
Student's school:                                                                                                                                                                            
 
Name of accused school employee:                                                                                                               
 
Building:                                                                                                                   
 
Name and address of person filing report:
                                                                                                                                                          
                                                                                               
Name and address of student's parent or guardian, if different from person filing report:
                                                                                                                                                               
                                                                                               
 
Date report of abuse was filed:                                                                                                                                          
Allegation is of                       Physical abuse                        Sexual abuse*
 
Describe the nature, extent and cause of the student's injury, if any and if known:    (Attach additional pages if needed).
                                                                                                                                                                          
                                                                                                                                                                         
                                                                                                                                                                        
                                                                                                                                                                       
                                                                                                                                                                       
                                                                                                                                                                     Describe your investigation:  Attach additional pages if needed.  (Please do not use student witnesses' full names.)
                                                                                                                                                                      
                                                                                                                                                                     
                                                                                                                                                                     
                                                                                                                                                                    
                                                                                                                                                                    
   
*Were parent(s) or guardian(s) advised of their right to see and hear any interview of their pre-kindergarten through sixth grade children who are alleged victims of or a witness in a sexual abuse investigation?
         Yes              No   Was the right exercised?            Yes             No
 
Were audio tapes made of any interviews?         yes            no
 
Were video tapes made of any interviews?        yes            no
 
Was any action taken to protect the student during/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
                                                                                            
               

Pursuant to Chapter 102 of the School Rules of Iowa, abuse may fall into either of the two following categories.
1.      Physical Abuse- The non-accidental physical injury to a student as a result of the actions of a District employee.  Physical abuse may occur as the result of intentional infliction of injury or excessive, unnecessary, or unreasonable use of force in discipline.
2.      Sexual Abuse- Sexual offenses or misconduct as defined by Iowa Code Chapter 709.  This definition also encompasses acts or omission of the District employee that allow, permit, or encourage the student to engage in prostitution as defined by Iowa law.
 
To constitute a violation of the Iowa Code, acts or omissions of the employee must have occurred on school grounds, on school time, on a school-sponsored activity, or in a school-related context.
 
An individual who has knowledge an employee has physically or sexually abused a student may immediately report it to the designated investigator or their alternate if the investigator is named in the report.  The report shall be written, signed and witnessed by a person of majority age.  The witness may be the Level I investigator.  The report shall contain a completed response for each question on the Level I reporting form.
 
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.
 
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.
 
The investigator shall then make and provide a copy of the report to the person filing, the student's parent/guardian and the district employee named in the report.  Within five (5) school days of receipt of the report, the investigator shall conduct an informal investigation to determine whether the allegations are true.   In the course of this investigation, the investigator shall interview the alleged victim, the district employee named in the report, and any collateral sources who may have knowledge of the circumstances contained in the report.  The investigator shall exercise prudent discretion to preserve the confidentiality interests of the individuals involved. 
 
The investigator's role is not to determine the guilt or innocence of the involved party, but whether it is likely that an incident took place between the student and the district employee.  If, in the investigator's opinion, the magnitude of the allegations suggests immediate and professional investigation is necessary, the investigator may waive informal investigation.  In such cases, the investigator shall contact appropriate law enforcement officials, the child's parent/guardian, and the person filing the report, and shall document in writing the action taken. 
 
Within fifteen (15) calendar days of receipt of the report, the investigator shall complete a written investigative report which shall include those items required by Chapter 102.9 of the Iowa Code. If the report is founded by a preponderance of the evidence, the investigator shall promptly notify law enforcement in case of sexual abuse allegations.  The investigator may notify law enforcement authorities in serious cases of physical abuse.  In addition, the investigator shall (1) file a copy of the report with the district employee's supervisor, (2) file a complaint with the Board of Educational Examiners in cases involving a licensed district employee, and (3) document all actions taken. 
 
Any record created by an investigation shall be handled subject to formally adopted or bargained policies on the maintenance of personnel records.
 
Approved: 1994-1995
Reviewed: 2006-2007; November 21, 2011
Revised: November 18, 2013

Universal precautions (“UPs”) 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. UPs 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 UPs 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, semiliquid 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 do the following:

• 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.  The employee should do the following:

• Always wash the exposed area immediately with soap and water.
• If a mucous membrane splash (a splash into the eye or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly.
• If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.  The exposure should be reported immediately, the parent or guardian is notified, and the person exposed contacts a physician for further health care.

 
Approved: 1994-1995
Reviewed: 2006-2007; November 21, 2011
Revised: November 18, 2013

EMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace policy for an employee to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcohol, as defined in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 and IOWA CODE Chapter 124.
 
"Workplace" is defined as the site for the performance of work done in the capacity as an employee.  This includes school district facilities, other school premises or school district vehicles.  Workplace also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.
 
The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy.  If the employee fails to successfully participate in such a program the employee is subject to discipline up to and including termination.
 
EMPLOYEES ARE FURTHER NOTIFIED it is a condition of their continued employment that they comply with the above policy of the school district and will notify their supervisor of their conviction of any criminal drug statute for a violation committed in the workplace, no later than five days after the conviction.
SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM
 
I,                                                              , have read and understand the Substance-Free Workplace policy.  I understand that if I violate the Substance-Free Workplace policy, I may be subject to discipline up to and including termination.  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 drug or alcohol offense, I must report that conviction to my supervisor within five days of the conviction.
 
                                                                                                       
(Signature of Employee)                              (Date)
 
Approved: 1994-1995
Reviewed: 2006-2007; November 21, 2011
Revised: November 18, 2013

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.

Approved: 1994-1995
Reviewed: 2006-2007; November 21, 2011
Revised: November 18, 2013

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 in addition are subject to random, reasonable suspicion and post-accident drug and alcohol testing as outlined in the Drug and Alcohol Testing Program (DATP) policy, its supporting documents and the law.
 
Employees who operate school vehicles classified as “commercial motor vehicles” by the U.S. Department of Transportation are subject to drug and alcohol testing.  A “commercial motor vehicle” is a vehicle that transports sixteen or more persons including the driver or has a gross vehicle weight rating (GVWR) of 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 commercial motor vehicle owned by the school.  Employees that will operate a school-owned commercial motor vehicle are subject to the drug and alcohol testing program regulations beginning the first day they 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 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.
 
EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents, regulations or the law may be subject to discipline up to and including termination. As a condition of continued employment, employees violating this policy, its supporting documents, regulations or the law bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and, a substance abuse treatment program recommended by the substance abuse professional. Employees are required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program will be subject to discipline up to and including termination.
 
Approved: 1994-1995
Reviewed: 2006-2007; November 21, 2011
Revised: November 18, 2013

I,   _____________________________, have received a copy, read and understand the Drug and Alcohol Testing Program policy of the Columbus Community School District and its supporting documents. 
 
I 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 or I may be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program, if recommended by the substance abuse professional.  If I am required to and fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program, I understand I may be subject to discipline up to and including termination.
 
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 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)
 
Approved: Revised: November 18, 2013
Reviewed:
Revised:

These procedures support the Drug and Alcohol Testing policy required for employees operating school vehicles, and establish and explain the requirements of the district's Drug and Alcohol Testing policy required for employees operating school vehicles.  Note the definition of terms is included at the end of this policy.
 
A.     Questions regarding the policy, its supporting procedures or the drug and alcohol testing program may be directed to the district contact person, the superintendent, with the superintendent serving as an alternate.
 
B.     Covered Drivers
1.     To be covered under this Drug and Alcohol Testing Policy, a driver must:
a.     Drive a vehicle transporting sixteen (16) or more persons, including the driver, or drive a vehicle weighing over twenty-six thousand pounds; and
b.     Require a commercial driver's license to hold the driver position.
2.     Covered drivers include, but are not limited to, the following:
                        a.     Full-time, regularly employed drivers;
                        b.     Applicants seeking a position as a driver;
                        c.      Casual, intermittent or occasional drivers;
d.     Leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to a school district or who operate a school vehicle at the direction of or with the consent of the District.
 
        C.     Prohibited Driver Conduct
1.     Drivers shall not report to duty or remain on duty with a 0.04 or greater breath alcohol concentration.
2.     Drivers shall not use alcohol at least eight (8) hours prior to the performance of a safety sensitive function.
3.     Drivers shall not possess alcohol while on duty unless the alcohol is manifested and transported as part of a shipment.  This includes possessing prescriptions and over-the-counter medicines containing alcohol, unless the packaging seal is unbroken.
4.     Drivers required to take a post-accident alcohol test shall not use alcohol within eight (8) hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.
5.     Drivers shall not refuse to submit to an alcohol or drug test. A refusal to test is considered a positive test result requiring the driver to undergo evaluation by a substance abuse professional (SAP) and subjecting the driver to discipline up to and including termination.
6.     Drivers shall not report for duty or remain on duty when using any drug except when instructed by a physician who has advised the driver that the drug does not adversely affect the driver's ability to safely operate a school vehicle.
7.     Drivers shall not report for duty when under the influence of drugs, or remain on duty performing a safety sensitive function if the driver has a positive drug test result.
 
        D.     Alcohol Testing Procedures
                1.     An employee driver's breath is tested for alcohol.
2.     Evidentiary breath testing devices (EBTs) are used to conduct the initial and, if necessary, the confirmation, alcohol tests.
a.     The initial alcohol breath test determines whether the driver's breath alcohol concentration (BAC) is less than 0.02.
i.      An initial alcohol test result of less than 0.02 BAC allows the driver to continue to drive.
ii.      An initial alcohol test result of 0.02 BAC or greater requires a confirmation test.
b.     The confirmation alcohol breath test determines whether the driver can continue to drive.

1. A confirmation alcohol test result of less than 0.02 BAC allows the driver to continue to drive.
2. A confirmation alcohol test result of 0.02 BAC or more, but less than 0.04 BAC, requires the driver to cease performing a safety sensitive function for 24 hours.
3. A confirmation alcohol test result of 0.04 BAC or greater requires the driver to be evaluated by a SAP.

3.     Alcohol testing is conducted at collection sites that provide privacy to the driver and contain the necessary equipment, personnel and materials.
a.     Alcohol testing is conducted at a designated non-school District facility unless a mobile unit or a District facility better serves the situation.
b.     In the event privacy cannot be assured, privacy will be provided to the extent practical.
                4.     Initial Alcohol Testing Steps
a.     Once the driver is informed of the need to submit to an alcohol test, the driver must proceed immediately to the collection site.  Collection site personnel must immediately contact the superintendent, with the superintendent serving as an alternate, if a driver does not arrive at the specified time.
b.     Upon arrival, the driver must provide photo identification.
c.      The testing procedure is explained to the driver by the collection site person.
d.     The breath alcohol technician (BAT) or the screening test technician (SIT) and the driver complete and sign the appropriate sections of the alcohol testing form.

1. Refusal of the driver to sign the form prior to the initial alcohol test is considered a refusal to test.
2. The District is notified immediately of the driver's refusal to sign.

5.      Evidentiary Breath Device Procedures

1. The driver forcefully blows into the mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.
2. The breath alcohol test is stopped when the driver fails twice to provide an adequate amount of breath. In that case:
   1. A physician analyzes the driver's inability to provide adequate breath;
   2. Failure to provide adequate breath is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate breath; and
   3. A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.
3. The results of the screening alcohol test are shared with the driver.

6.     Saliva Alcohol Testing Device Procedures

1. The driver and the collection site person review the expiration date of the saliva alcohol testing device, and if the date is valid, the packaging is opened.
2. The driver or collection site person places the swab in the driver's mouth until the swab is completely saturated.  If the alcohol test is started again, only the collection site person may place the swab in the driver's mouth.
3. The saliva alcohol testing device is activated with the saturated swab in place.
4. The saliva alcohol test is stopped when the driver fails twice to provide an adequate amount of saliva. In that case:

1. The District is informed; and
2. The driver must submit to a breath alcohol test immediately.

5. The saliva testing device results are read two (2) minutes, and no later than fifteen (15) minutes, after the saliva testing device was activated.
6. The results are shared with the driver.

7. Confirmation Alcohol Testing Procedures
   1. The confirmation test is done between fifteen (15) and twenty (20) minutes of the initial test whether or not the driver followed the requirements to not eat, drink, put any object or substance in their mouth and, to the extent possible, not to belch during the fifteen minute waiting period.  Not belching will help avoid accumulation of mouth alcohol leading to an artificially high reading.
   2. If a different collection site or a different collection site person is used for the confirmation alcohol test, the driver must provide photo identification.
   3. The testing procedure is explained to the driver by the collection site person.
   4. The BAT and the driver complete and sign the appropriate sections of the alcohol testing form.
      1. Refusal of the driver to sign the form prior to the confirmation alcohol test is considered a refusal to test.
      2. The District is notified immediately of the refusal to sign.
   5. The driver forcefully blows into the EBT mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.
   6. The confirmation test results, which are the final and official test result, are shared with the driver.
   7. The driver and BAT must sign the alcohol testing form following completion of the test. Failure to sign the form after the test is not considered a refusal to test. However, BAT notes the driver's refusal to sign in the remarks section of the form.

8. The BAT informs the superintendent, with the superintendent serving as an alternate, of the results of the test in a confidential manner.
   1. The BAT notifies the superintendent, with the superintendent serving as an alternate immediately, either in writing, in person, by telephone, or by electronic means of confirmation alcohol test results of 0.02 BAC or more.
   2. If the BAT informs the superintendent. with the superintendent serving as all alternate, by telephone, the District verifies that the BAT is the person on the telephone.
   3. The BAT provides the superintendent, with the superintendent serving as an alternate, with a copy of the breath alcohol testing form if written communication was not used to report the test results.
1. Potentially incomplete tests or invalid alcohol tests are repeated with corrected procedures.

 
E.     Drug Testing Procedures
1.     Driver's urine is tested for marijuana, cocaine, opiates, amphetamines and phencyclidine.
        2.     A split sample urine test is used to conduct the drug test.
a.     A negative drug test result allows the driver to continue to perform a safety sensitive function.
b.     A positive drug test result on the primary sample requires the driver to be removed from performing a safety sensitive function.
c.      A positive drug test result on the primary sample allows the driver an opportunity to request the split sample be tested by another laboratory at the driver's expense for the specific drug found in the primary sample. A negative drug test result on the split sample results in a negative drug test result.
d.     A driver's refusal to test is considered a positive drug test result.
e.     A positive drug test result requires the driver to be evaluated by a SAP.
3.     Drivers taking medication at a doctor's direction may perform a safety sensitive function if the doctor determines there is not an adverse affect on performing a safety sensitive function and the District is informed in writing of the medication and doctor's opinion.
4.     Drug testing is conducted to provide privacy to the driver and where the necessary equipment, personnel and materials are located.
a.     Drug testing is conducted at a designated non-school District facility.
b.     In the event privacy cannot be assured, privacy is provided to the extent possible.  However, direct observation is allowed if:
i.      Reasons exist to believe the driver may alter or substitute the specimen;
ii.      The driver presents a specimen with a temperature outside the allowed range and does not provide an oral body temperature or the oral body temperature varies from the specimen provided;
iii.     The last specimen provided by the driver was determined by the laboratory to not meet gravity and creatinine concentration criteria;
iv.     The collection site person observes conduct to substitute or adulterate the specimen; and/or
v.     The driver has previously been determined to have used a drug without medical authorization and the particular test is for follow-up testing upon or after return to duty.
c.      Direct observation must be approved in advance by the supervisor of the collection site.  Non-medical personnel performing direct observation must be of the same gender as the driver.
                5.     Drug Testing Steps
a.     Once the driver is required to submit to a drug test, the driver must proceed immediately to the collection site.  The collection site person contacts the superintendent, with the superintendent serving as an alternate, immediately when a driver does not arrive at the specified time.
b.     Upon arrival, the driver must provide photo identification. The driver may require the collection site person to provide proof of identification.
c.      The driver may keep their wallet, but must remove any unnecessary outer garments, purses, briefcases, and similar items at the request of the collection site person.
d.     Immediately prior to providing a urine sample, the driver must wash their hands.
e.     The driver must then provide forty-five (45) milliliters of urine and deliver it immediately to the collection site person.
i.      Drivers who cannot provide an adequate amount of urine receive instructions for drinking water and repeating the test.
ii.      The drug test is stopped when the driver fails twice to provide an adequate amount of urine.
iii.     A physician analyzes the driver's inability to provide adequate urine.
iv.     Failure to provide adequate urine is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate urine.
f.      The specimen must be kept in view of the driver and the collection site person.
g.     Upon receipt of the specimen, the collection site person must immediately, and in no event later than four (4) minutes from the time of urination, measure the temperature of the specimen.
h.     The driver may volunteer to have their oral temperature taken to provide evidence against alteration or substitution if there is some question about the temperature of the specimen.
i.      The collection site person also inspects the specimen for color and other signs of contaminant and notes any unusual findings.
j.      Another specimen is required as soon as possible under direct observation if adulteration or substitution is suspected by the collection site person.
k.     The specimen is divided into the primary and split specimen, sealed and labeled.  The label is initialed by the driver.
l.      The driver is required to read and sign the statement on the chain of custody form certifying the specimens are the driver's.
m.    The collection site person is required to note on the chain of custody form any unusual behavior or appearance of the driver and any failure to cooperate.
n.     The collection site person completes the chain of custody form and the driver signs the form indicating the collection is complete.
o.     The specimens are packaged for shipping to the laboratory and shipped immediately or placed in secure storage until they can be shipped.
                6.     Laboratory
a.     The laboratory used by the District's drug and alcohol testing program is certified by the Substance Abuse and Mental Health Services Administration (SAHSA), a division of the U.S. Department of Health and Human Services (DHHS).  Laboratories certified by SAMHSA meet the testing procedures, personnel and record keeping requirements of the law.
b.     Upon arrival of the specimen at the laboratory, the split specimen is stored and the primary specimen is tested.
i.      A positive test result on the initial test of the primary specimen requires a confirmation test, which is a different and more accurate type of test.
ii.      The split specimen is discarded if the primary specimen has a negative test result.
                7.     Medical Review Officer (MRO) reviews drug test results.
a.     The MRO may release drug testing records of a driver to unauthorized individuals only with the written consent of the driver.
b.     The MRO keeps a record of the negative test result and reports the negative test result to the District.
c.      The primary role of the MRO is to review and interpret positive test results to determine whether a legitimate explanation exists for the positive test result.
i.      After reviewing the chain of custody form and laboratory test results, the MRO contacts the driver to discuss the positive test result with the driver prior to notifying the District and to ask whether the driver requests a test of the split sample at the driver's expense.  The driver's request for a test of the split sample must be made within seventy-two (72) hours of talking with the MRO.
ii.      Upon request of the driver, the split specimen is sent to a second SAMHSA certified laboratory for testing at the driver's expense.
iii.     The MRO contacts the superintendent, with the superintendent serving as an alternate, for assistance if the driver cannot be reached through reasonable efforts.
iv.     The superintendent, with the superintendent serving as an alternate, must confidentially inform the driver to contact the MRO.
v.     Upon contacting the driver, the superintendent, with the superintendent serving as an alternate, must inform the MRO that the driver was contacted.
vi.     Upon contacting the driver, the superintendent, with the superintendent serving as an alternate, must inform the MRO that the driver was contacted.
v.     Drivers who cannot be contacted are placed on temporary leave without pay.
d.     The MRO may verify a positive test without talking to the driver if:
i.      The driver declines the opportunity to discuss the drug test;
ii.      The driver fails to contact the MRO within five (5) days after the superintendent, with the superintendent serving as an alternate, has contacted the driver; or
iii.     MRO verification of positive test results under these circumstances can be challenged by the driver if the driver presents the MRO with information documenting a serious illness, injury, or other circumstances unavoidably preventing the driver from timely contacting the MRO.  The MRO, based on this additional information, may find a legitimate explanation for the positive test result and declare the test negative.
e.     The driver is notified of the drugs found in a positive test result by the MRO, the superintendent, with the superintendent serving as an alternate, or by certified mail to the driver's last known address.
 
f.      The District receives a written report of the negative and positive test results from the MRO.
 
        F.      Substance Abuse Professional
1.     A Substance Abuse Professional (SAP) evaluation and following his/her recommendations, is required when a driver:
                        a.     Has a positive drug test;
b.     Has a positive alcohol test of 0.04 breath alcohol concentration or greater; or
c.      Otherwise violated this policy or its supporting procedures or the law.
2.     The evaluation determines what assistance, if any, the driver needs in resolving problems with alcohol misuse and/or drug use.
                3.     A local SAP will provide assistance to the drivers.
 
        G.     Pre-Employment Testing
1.     Drivers shall submit to an alcohol and drug test if a job offer is made. The job offer is contingent upon:
                        a.     A negative alcohol and drug test result; and
b.     A signed written statement authorizing former employers to release all information on the driver related to alcohol.
2.     Prior to allowing a driver to perform a safety sensitive function, the following information must be obtained about the driver for the preceding two years from the date of the application:
                        a.     Alcohol test results of 0.04 or greater;
                        b.     Positive drug test results; and
                        c.      Refusals to be tested.
 
        H.     Random Testing
1.     Annually, ten percent (10 %) of the average number of drivers are selected for random alcohol tests and fifty percent (50 %) of the average number of drivers are selected for random drug tests.
2.     The drivers' identification numbers are selected by a scientific method giving drivers an equal chance to be selected.
3.     Random tests are unannounced and performed throughout the year.
4.     Drivers selected for random alcohol testing are informed of a random alcohol test just before, during or just after performing a safety sensitive function.
5.     Drivers selected for random drug testing are informed as soon as possible after the superintendent, with the superintendent serving as an alternate, receives the driver identification numbers.  The District must document why some, if any, drivers were selected, but not informed.
6.     The selected driver must proceed immediately to the collection site. However, drivers performing a safety sensitive function must safely stop and proceed to the collection site as soon as possible.
 
        I.      Reasonable Suspicion Testing
1.     Drivers who exhibit observable specific, contemporaneous, articulable characteristics concerning the appearance, behavior, speech or body odors as well as indications of the chronic and withdrawal effects of drugs may be required to submit to a reasonable suspicion drug test at any time.
2.     Drivers who exhibit specific, observable, contemporaneous, articulable characteristics concerning the appearance, behavior, speech, or body odors of the driver if the reasonable suspicion was determined just before, during or just after the time in which the driver must be in compliance with this policy, its supporting procedures or the law may be required to submit to a reasonable suspicion alcohol test just before, during, or just after performing a safety sensitive function.
a.     A reasonable suspicion alcohol test is performed within two (2) hours and no later than eight (8) hours after determining reasonable suspicion.  To meet the two-hour requirement, the superintendent, with the superintendent serving as an alternate, or his/her designee (not a CDL holder) will transport the employee to the collection site.
b.     If the alcohol test is not given within two (2) hours, the reasons for the delay must be documented.
c.      If the alcohol test is not given within eight (8) hours, attempts to test are stopped and the reason for not testing must be documented.
3.     A reasonable suspicion test request is made by an employee who has received the training to determine reasonable suspicion.  The reasons for the reasonable suspicion must be documented within twenty-four (24) hours or prior to the release of the test results. If more than one employee trained to determine reasonable suspicion observes the driver, that employee must also document their reasons.  The transportation director and superintendent have received the required Reasonable Suspicion Training.
 
        J.      Post-Accident Testing
1.     Drivers are subject to both post-accident alcohol and drug tests as soon as possible after an accident in which either of the following occurred:
                        a.     A fatality occurred; or
b.     The driver received a citation and the following occurred:
i.      Bodily injury to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident; or
ii.      A vehicle was towed from the scene irrespective of the value of the damage to the vehicle.
2.     Drivers must remain readily available for post-accident testing.
a.     Drivers who leave the scene or who do not remain readily available are assumed to have refused to test.
b.     Drivers subject to post-accident testing will be taken to the collection site by the superintendent, superintendent, or his/her designee (could be the transportation director).
c.      Necessary medical treatment cannot and should not be denied to a driver waiting to complete post-accident alcohol and drug tests.
                3.     Alcohol Testing Requirements
a.     Administered within two (2) hours and no later than eight (8) hours of the accident;
b.     Reasons for administering the test later than two (2) hours after the accident must be documented;
c.      Reasons for not administering the test within eight (8) hours of the accident must be documented; and
d.     Drivers are prohibited from consuming alcohol for eight (8) hours after the accident or until the alcohol test is completed.
                4.     Drug Testing Requirements
a.     Administered as soon as possible and not later than thirty-two (32) hours after the accident; and
b.     Reasons for not administering the test must be documented.
5.     Results of drug or alcohol testing conducted by law enforcement officers or other officials on the scene with independent authority to conduct such tests are presumed valid if the testing conforms with the law.  The District must receive a copy of the results to use them.
 
        K.     Return-to-Duty/Follow-Up Testing
1.     Prior to returning to duty after a positive test or otherwise violating this policy, the following must occur:
a.     The driver must be re-evaluated by a SAP to determine that the driver has properly followed any treatment program prescribed in the original evaluation by the SAP;
b.     The driver must submit to the tests required by the SAP.  The SAP may require a return-to-duty test for drugs, alcohol or both; and
c.      The return-to-duty test must be a negative drug test result and/or an alcohol test result of less than 0.02 BAC before the driver can return to duty and perform a safety sensitive function.
2.     For individuals changing jobs after a positive drug or alcohol tests, a pre-employment test can serve as a return-to-duty test if one is needed based on information from a prior employer.
3.     After returning to duty, the driver is subject to six (6) unannounced follow-up tests within twelve (12) months for alcohol, drugs or both, if the SAP determines both are necessary.
a.     The SAP can terminate the follow-up testing requirement after the first six (6) tests have been completed or continue the follow-up testing for up to sixty (60) months from the date of the driver's return to duty.
b.     Alcohol follow-up testing is done just before, during or just after performing a safety sensitive function.
 
        L.      District’s Responsibilities
1.     Information on the drug and alcohol testing requirements of this policy, its supporting procedures and the law, including the driver's obligations, must be provided to drivers.  A summary of the requirements must be included in the employee handbook.
2.     Supervisors of drivers or personnel designated to determine reasonable suspicion shall receive sixty (60) minutes of training on alcohol misuse and sixty (60) minutes of training on drug use.  The training must address the physical, behavioral, speech, and performance indicators of probable alcohol misuse and drug use.
3.     Prior to operating a school vehicle, drivers must be provided with instructions enabling them to comply with drug and alcohol testing requirements.
4.     School districts with actual knowledge of a driver's drug use cannot allow the driver to report to or perform a safety sensitive function regardless of whether or not a drug test was conducted.
5.     School districts with actual knowledge of a driver with a breath alcohol concentration of 0.02 BAC or greater cannot allow the driver to report to or perform a safety sensitive function regardless of whether or not an alcohol test was conducted.
6.     The District is responsible for ensuring that the quality assurance plan, developed by the manufacturer and approved by the National Highway Traffic Safety Administration (NHTSA) for the evidentiary breath testing device used for alcohol testing of its drivers describes the inspection, maintenance and calibration requirements and intervals for it.
7.     The District is responsible for ensuring that the collection site person using an evidentiary breath testing device is a certified BAT.
 
M.     Consequences of Violating this Policy, the Supporting Procedures or the Law
1.     The superintendent may discipline drivers who violate this policy, the supporting procedures or the law relating to drug and alcohol testing.  Each incident is dealt with based on the circumstances surrounding the incident.  The following consequences may result from a violation:
a.     Drivers may be disciplined up to and including termination;
b.     Drivers may not be permitted to perform safety sensitive functions;
c.      Drivers may be advised of the resources available to them in evaluating and resolving problems associated with the misuse of alcohol or use of drugs;
d.     Drivers may be required to be evaluated by a SAP who shall determine what assistance, if any, the driver needs in resolving problems associated with the misuse of alcohol or use of drugs and be required to follow any treatment program;
e.     Prior to returning to duty, the driver is required to have a negative drug and/or alcohol test result and be subject to the follow-up drug and/or drug testing determined necessary based on the circumstances surrounding the incident;
f.      Drivers refusing to submit to drug and/or alcohol testing are considered insubordinate and are subject to discipline up to and including termination; and/or
g.     Applicants for the position of driver who refuse to submit to or cooperate with the drug and/or alcohol testing processes and requirements shall be disqualified from further consideration.
2.     Nothing in this policy, the procedures or the law relating to drug and alcohol testing limits or restricts the right of the superintendent to discipline a driver, up to and including termination, for conduct which violates the District's policies and procedures.
 
N.     Drug and Alcohol Testing Records
1.     Drug and alcohol testing records are stored in limited access locations separate and apart from the driver's general personnel documents.
2.     The records may only be released with the written consent of the driver.  Only those records specifically authorized for release may be released. However, the following exceptions apply:
a.     Records may be released to appropriate government agencies without written consent; and
b.     Records may be released to appropriate District employees without written consent.
c.      The District may, without written consent, make a driver's drug and alcohol test records available to a decision maker in a lawsuit, grievance, or other proceedings initiated by or on behalf of the individual, and arising from the results of an alcohol or drug test under this policy, the supporting procedures or the law or from the District's determination that the driver violated this policy, the supporting regulation, or the law.
3.     Drivers are entitled to make a written request to prompt access to and copies of their alcohol and drug test records without requiring payment of amounts owed for the copying of records other than drug and alcohol testing records.  The District may charge for copying these records in accordance with Board policy.
4.     The District must maintain the following records of its drug and alcohol misuse prevention and testing programs for the following time periods:
        a.     One year:
i.      Records of negative and canceled drug test results and alcohol test results of less than 0.02 BAC;
                ii.      Records related to the collection process;
                iii.     Records related to a driver's test results;
                iv.     Records related to other violations of the law;
                v.     Records related to evaluations;
                vi.     Records related to education and training; and
                vii.    Records related to drug testing.
        b.     Two years:
i.      Records related to the alcohol and drug collection process, except calibration of evidential breath testing devices, and training.
                        c.      Five years:
                                i.      Alcohol test results of 0.02 BAC and greater;
                                ii.      Verified positive drug test results;
iii.     Documentation of refusal to take required alcohol and/or drug tests;
                                iv.     EBT calibration documentation;
                                v.     Driver evaluation and referrals; and
                                vi.     Annual calendar year summary.
 
        O.     Pay for Time Spent Testing.
1.     For random testing, the time spent traveling to the collection site, the time spent at the collection site, and the time spent traveling back to the bus yard after the completion of the testing will be paid;
2.     For reasonable suspicion testing, time will be paid pursuant to (1) above;
3.     For post-accident testing, time will be paid pursuant to (1) above;
                4.     For pre-employment testing, no time will be paid;
5.     For time spent in follow-up testing required by the SAP, no time will be paid; and
6.     Drivers will be paid for time spent testing at the pay rate for activity and field trip drivers.
 
 
 
        P.     Leave
1.     If the employee comes forward and admits to a drug and/or alcohol problem and receives help from and follows the requirements of the SAP, the employee is granted "unpaid leave" under the Family and Medical Leave Act and Board policy.  The employee will not be penalized for exercising this option.  If no immediate [within five (5) working days] help is obtained from a SAP, the employee is subject to termination.
2.     If the employee tests positive under the provisions of this policy, he/she cannot perform a safety sensitive function and goes on paid sick leave, subject to the following conditions:
a.     The employee immediately [within five (5) working days] enrolls in the program provided by the SAP;
b.     Paid days are limited to what the employee has accumulated in sick leave; and
c.      When sick leave is exhausted, the employee goes on unpaid leave, subject to the SAP's verification that he/she can return to work.
 
        Q.     Payment for Services
                1.     The District pays for all testing services.
2.     The District pays for the initial services, not covered by insurance, of the SAP.  This applies if the employee comes forward or tests positive.  The District also pays for treatment not covered by insurance.  The treatment program will be decided upon by the District subject to consultation with the SAP and employee.
3.     The employee who makes a request for another lab to test the split sample (usually when the initial drug test is positive) will pay for the test of the split sample.
R.     The above payments and leave allowances apply to those who come forward as well as first time offenders.  Any driver who becomes a second time offender under this policy, will be subject to immediate termination.
S.     Definitions
 
Accident - an occurrence involving a school vehicle operating on a public road which results in: (a) a fatality, (b) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident or (c) one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle.
 
Air blank - a reading by an evidentiary breath testing device (EBT) of ambient air containing non alcohol.
 
Alcohol - the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
 
Alcohol concentration (or content) - the alcohol in a volume of breath expressed in terms of grams of alcohol per two hundred ten liters of breath as indicated by an evidential breath test under the law.
 
Alcohol use· the consumption of any beverage, mixture or preparation, including any medication, containing alcohol.
 
BAC - breath alcohol concentration.
 
Breath Alcohol Technician (BAT) - an individual who instructs and assists individuals in the alcohol testing process and operates an EBT.
 
Canceled or invalid test - in drug testing it is a drug test that has been declared invalid by a Medical Review Officer or a specimen that has been rejected for testing by a laboratory. A canceled test is neither a positive nor a negative test. In alcohol testing, it is a test that is deemed to be invalid under the law. It is neither a positive nor a negative test.
 
Chain of Custody: - procedures to account for the integrity of each urine or blood specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. With respect to drug testing, these procedures require that an appropriate drug testing custody form be used from time of collection to receipt by the laboratory and that upon receipt by the laboratory an appropriate laboratory chain of custody account(s) for the sample or samples within the laboratory.
 
Collection Site - a place where drivers present themselves for the purpose of providing body fluid or a tissue sample to be analyzed for specific drugs or breath alcohol concentration.
 
Confirmation test - for alcohol testing, it is a second test following an initial test with a result of 0.02 BAC or greater, that provides quantitative data of alcohol concentration. For drug testing, it is a second analytical procedure (GC/MS) to identify the presence of a specific drug of metabolite
that is independent of the initial test and which uses a different technique and chemical principal from that of the initial test in order to ensure reliability and accuracy.
 
Controlled Substances/Drugs - marijuana, cocaine, opiates, amphetamines and phencyclidine. Driver - any person who operates a school vehicle. This includes, but is not limited to: full­time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to the District or who operate a school vehicle at the direction of or with the consent of the District. For the purposes of pre-employment/pre-duty testing only, the term "driver" includes applicants for driver of school vehicle positions.
 
Initial test (or screening test) - in drug testing, it is an immunoassay screen to eliminate "negative" urine specimens from further consideration. In alcohol testing it is an analytic procedure to determine whether a driver may have a prohibited concentration of alcohol in a breath or saliva specimen.
 
Medical Review Officer (MRO) - a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with the individual's medical history and any other relevant bio-medical information.
 
Non-suspicion-based post-accident testing - testing a driver after a reportable accident if the driver receives a citation for a moving traffic violation arising from the accident and without regard to whether there is any reasonable suspicion of drug usage, reasonable cause to believe the driver has been operating the school vehicle while under the influence of drugs, or reasonable cause to believe the driver was at fault in the accident and drug usage may have been a factor.
 
Performing a safety sensitive function- a driver is considered to be performing a safety sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform any sensitive functions.
 
Random Selection Process - when drug tests are unannounced and that every driver has an equal chance of being selected for testing.
 
Refuse to submit (to an alcohol or drug test) - when a driver (1) fails to provide adequate breath for alcohol testing without a valid medical explanation after he/she has received notice of the requirement for breath testing in accordance with the provisions of this part, (2) fails to provide adequate urine for drug testing without a valid medical explanation after he/she has received notice of the requirement for urine testing in accordance with the provisions of this part, or (3) engages in conduct that clearly obstructs the testing process.
 
Safety Sensitive Function (SSF) - the period of time commencing when a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.
 
School Vehicle - a vehicle owned, leased, and/or operated at the direction or with the consent of the District which transports sixteen or more persons, including the driver, or weighs over twenty-six thousand pounds and requires the driver to have/possess a commercial driver's license in order to operate the vehicle.
 
Screening Test Technician (STT) - an individual who instructs and assists drivers in the initial alcohol testing process and operates a non-evidentiary breath testing or saliva testing device.
 
Split Specimen -- the division of the urine specimen into thirty milliliters in a specimen bottle (the primary sample) and into at least fifteen milliliters in a second specimen bottle (the split sample).
 
Substance Abuse Professional (SAP)- a licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the Iowa Board of Substance Abuse Certification) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.
 
Approved: 1994-1995
Reviewed: 2006-2007; November 21, 2013
Revised: November 18, 2013

EMPLOYEE RIGHTS AND RESPONSIBILITIES
UNDER THE FAMILY AND MEDICAL LEAVE ACT
 

Basic Leave Entitlement

FMLA requires covered employer to provide up to 12 weeks of unpaid, job-protected leave to eligible em-ployees for the following reasons:

• for incapacity due to pregnancy, prenatal medical care or child birth;
• to care for the employee’s child after birth, or placement for adoption or foster care;
• to care for the employee’s spouse, son, daughter or parent, who has a serious health condition; or
• for a serious health condition that makes the employee unable to perform the employee’s job.

 
Military Family Leave Entitlements
Eligible employees whose spouse, son, daughter or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
 
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service- member during a single 12-month period. A covered servicemember is: (1) 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*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.*
*The FMLA definitions of “serious injury or illness” for current servicemembers and veterans are distinct from the FMLA definition of “serious health condition”.
 
 
Benefits and Protections
During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
 
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
 
Eligibility Requirements
Employees are eligible if they have worked for a covered employer for at least 12 months, have 1,250 hours of service in the previous 12 months*, and if at least 50 employees are employed by the employer within 75 miles.
*Special hours of service eligibility requirements apply to airline flight crew employees.
 
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.
 
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
 
 
 
 
Use of Leave
An employee does not need to use this leave entitlement in one block.  Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.
 
Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies.
Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.
 
Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.
 
Employer Responsibilities
Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility.
 
Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.
 
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:

• interfere with, restrain or deny the exercise of any right provided under FMLA; and
• discharge or discriminate against any person for opposing practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

 
Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.
 
FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.
 
FMLA section 109 (29 U.S.C. § 2619) requires FMLA
covered employers to post the text of this notice. Regulation 29 C.F.R. § 825.300(a) may require additional disclosures.
 
For additional information:
1-866-4US-WAGE (1-866-487-9243)
TTY: 1-877-889-5627
WWW.WAGEHOUR.DOL.GOV
 
U.S. Department of Labor
Wage and Hour Division

A.     District notice.
1.     The school district will post the appropriate notice regarding family and medical leave.
2.     Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations, will be provided annually. The information will be in the employee handbook.
3.     When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements. Such information will include:
a.     a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12 week entitlement or 26 week entitlement depending on the purpose of the leave;
b.     a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so or proof of call to active duty in the case of military family and medical leave;
c.      an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and
d.     a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.
 
B.     Eligible employees.
1.     Employees are eligible for family and medical leave if the following three criteria are met:
a.     The school district has more than fifty (50) employees on the payroll at the time leave is requested;
b.     The employee has worked for the school district for at least twelve months or fifty-two (52) weeks (the months and weeks need not be consecutive); and
c.      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 days’ notice for foreseeable leave. Failure to give the notice may result in the leave beginning thirty days after notice was received. For those taking leave due to military family and medical leave, notice should be given as soon as possible.
c.      Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district. The scheduling is subject to the approval of the health care provider.
2.     Unforeseeable family and medical leave.
a.     Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.
b.     Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.
c.      A spouse or family member may give the notice if the employee is unable to personally give notice.
 
D.     Eligible Family and Medical Leave Determination
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 medical certification is required:
i.      Employees may 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 may 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.
 
E.     Entitlement.
1.     Employees are entitled to twelve weeks unpaid family and medical leave per year. Employees taking military caregiver family and medical leave to care for a family service member are entitled to 26 weeks of unpaid family and medical leave but only in a single 12 month period.
2.     Year is defined as a rolling twelve (12) month period measured backward from the date an employee uses any family and medical leave.
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 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 any of the following:
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 of the work days in the leave period may be required to:
a.     Take leave for the entire period or periods of the planned medical treatment; or
b.     Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.
3.     Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester. The number of weeks remaining before the end of a semester does not include scheduled school breaks, such as summer, winter or spring break.
a.     If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.
b.     If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.
c.      If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.
4.     The entire period of leave taken under the special rules is credited as family and medical leave. The school district will continue to fulfill the school district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.
 
H.     Employee responsibilities while on family and medical leave.
1.     Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.
2.     The employee contribution payments will be deducted from any money owed to the employee or the employee will reimburse the school district at a time set by the superintendent.
3.     An employee who fails to make the health care contribution payments within thirty days after they are due will be notified that their coverage may be canceled if payment is not received within an additional 15 days.
4.     An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request.
5.     The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.
6.     If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return. The school district will cease benefits upon receipt of this notification.
 
I.      Use of paid leave for family and medical leave.
1.     An employee may substitute unpaid family and medical leave with appropriate paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement. When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.
2.     An employee may substitute unpaid family and medical leave for the serious health condition of an employee's family member with paid sick leave.  Upon the expiration of paid leave, the family and medical leave for the serious health condition of an employee's family member is unpaid.
3.     An employee may substitute unpaid family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth with sick and vacation leave.  Upon the expiration of paid leave, the family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth is unpaid.
4.     An employee may substitute unpaid family and medical leave for the placement of a child with the employee for adoption or foster care and in order to care for that child prior to the first anniversary of the child's placement or adoption with sick and vacation leave.  Upon the expiration of paid leave, the family and medical leave for prior to the first anniversary of the placement of a child with the employee for adoption or foster care is unpaid.
5.     When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.
 
Approved:
Reviewed:
Revised: November 18, 2013

Active Duty - duty under a call or order to active duty under a provision of law referring to in section 101(a)(13) of title 10, U.S. Code.
 
Common Law Marriage - according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife.  There is no time factor that needs to be met in order for there to be a common law marriage.
 
Contingency Operation - has the same meaning given such term in section 101(a)(13) of title 10, U.S. Code.
 
Continuing Treatment - a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
·   A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:

• treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or
• treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a the health care provider.

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

• requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
• continues over an extended period of time (including recurring episodes of a single underlying condition); and
• may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

·   Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.
·   Any period of absence to receive multiple treatments (including any period of recovery) 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.
 
Approved:
Reviewed:
Revised: November 18, 2013

I.      Commitment to the Student.
 
The educator measures success by the progress of each student toward realization of potential as a worthy and effective citizen. The educator therefore works to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals. In fulfilling obligations to the student, the educator:
a.     Will not without just cause restrain the student from independent action in a pursuit of learning and will not without just cause deny the student access to varying points of view.
b.     Will not deliberately suppress or distort subject matter for which the educator bears responsibility.
c.      Will make reasonable effort to protect the student from conditions harmful to learning or to health and safety.
d.     Will conduct professional business in such a way that the educator does not expose the student to unnecessary embarrassment or disparagement.
e.     Will not on the ground of race, color, creed, age, sex, physical or mental handicap, marital status, or national origin exclude any student from participation in or deny the student benefits under any program nor grant any discriminatory consideration or advantage.
f.      Will not use professional relationships with students for private advantage.
g.     Will keep in confidence information that has been obtained in the course of professional service, unless disclosure serves professional purposes or is required by law.
h.     Will not tutor for remuneration students assigned to the educator's classes, unless no other qualified teacher is reasonably available.
 
II.     Commitment to the Public.
 
The educator believes that patriotism in its highest form requires dedication to the principles of our democratic heritage. The educator shares with all other citizens the responsibility for the development of sound public policy and assumes full political and citizenship responsibilities. The educator bears particular responsibility for the development of policy relating to the extension of educational opportunities for all and for interpreting educational programs and policies to the public. In fulfilling an obligation to the public, the educator:
a.     Will not misrepresent an institution or organization with which the educator is affiliated and will take adequate precautions to distinguish between personal and institutional or organizational views.
b.     Shall not knowingly distort or misrepresent the facts concerning educational matters in direct and indirect public expressions.
c.      Shall not interfere with a colleague’s exercise of political and citizenship rights and responsibilities.
d.     Will not sue institutional privileges for monetary private gain or to promote political candidates or partisan political activities.
e.     Will accept no gratuities, gifts, or favors that might impair or appear to impair professional judgment, not offer any favor, service, or thing of value to obtain special advantage.
 
III.    Commitment to the Profession.
 
The educator believes that the quality of the services of the education profession directly influences the nation and its citizens. The educator therefore exerts every effort to raise professional standards, to improve service, to promote a climate in which the exercise of professional judgment is encouraged, and to achieve conditions which attract persons worthy of the trust to careers in education. In fulfilling an obligation to the profession, the educator:
a.     Will not discriminate on the ground of race, sex, age, physical handicap, marital status, color, creed or national origin for membership in the profession, nor interfere with the participation or nonparticipation of colleagues in the affairs of their professional association.
b.     Will accord just and equitable treatment to all members of the profession in the exercise of their professional rights and responsibilities.
c.      Will not use coercive means or promise special treatment in order to influence professional decisions of colleagues.
d.     Will withhold and safeguard information acquired about colleagues in the course of employment, unless disclosure serves professional purposes.
e.     Will not refuse to participate in a professional inquiry when requested by the commission board.
f.      Will provide upon the request of the aggrieved party a written statement of specific reason for recommendations that lead to the denial of increments, significant change in employment or termination of employment.
g.     Will not misrepresent professional qualifications.
h.     Will not knowingly distort evaluations of colleagues.
 
IV.    Commitment to Professional Employment Practices.
 
The educator regards the employment agreement as a pledge to be executed both in spirit and in fact in a manner consistent with the highest ideals of professional service. The educator believes that sound professional personnel relationships with governing boards are built upon personal integrity, dignity and mutual respect. The administrator discourages the practice of the profession by unqualified persons. In fulfilling the obligation to professional employment practices, the educator:
a.     Will apply for, accept, offer, or assign a position or responsibility on the basis of professional preparation and legal qualifications.
b.     Should recognize salary schedules and the salary clause of an individual teacher's contract as a binding document on both parties. The educator should not in any way violate the terms of the contract.
c.      Will not knowingly withhold information regarding a position from an applicant or misrepresent an assignment or conditions of employment.
d.     Will give prompt notice to the employing agency of any change in availability of service, and the employing agent will give prompt notice of change in availability or nature of a position.
e.     Will adhere to the terms of a contract or appointment unless these terms have been legally terminated, falsely represented, or substantially altered by unilateral action of the employing agency.
f.      Will not delegate assigned tasks to unqualified personnel.
g.     Will use time or funds granted for the purpose for which they were intended.
 
Approved: 1994-1995
Reviewed: 2006-2007; November 21, 2011
Revised: November 18, 2013