400 Series: Staff/Personnel

 

 

 

Equity, Equal Opportunity, Qualifications, Recruitment and Selection

Reviewed 12/16 400.1 Education and Employment Equity
Reviewed 12/16 400.1-E Equity Complaint Form
Reviewed 12/16 400.2 Equal Employment Opportunity
Reviewed 12/16 400.3 Personnel Qualifications, Recruitment and Selection

Licensed Personnel

Reviewed 12/16 401.1 Code of Professional Conduct and Ethics
Reviewed 12/16 401.2 Definition of Licensed Personnel
Revised 8/17 401.3 Licensed Personnel Continuing Contracts
Reviewed 12/16 401.4 Licensed Personnel Initial Assignment
Reviewed 12/16 401.5 Licensed Personnel Professional Development
Reviewed 12/16 401.6 Evaluation of Licensed Personnel
Reviewed 12/16 401.7 Licensed Personnel Resignation
Reviewed 12/16 401.10 Licensed Personnel Early Separation
Reviewed 12/16 401.11 Tutoring
Reviewed 12/16 401.11-R Administrative Regulation Regarding Tutoring
Reviewed 12/16 401.12 Substitute Teachers
Reviewed 12/16 401.13 Student Teachers
Reviewed 12/16 401.14 Professional Advancement on Salary Schedule
Revised 12/16 401.15 Child Abuse Reporting by Licensed Personnel
Revised 12/16 401.15-R Administrative Regulations Regarding Child Abuse Reporting by Licensed Personnel
Reviewed 12/16 401.16 Licensed Personnel Suspension

Classified Personnel

Revised 12/16 402.1 Definition of Classified Personnel
Reviewed 12/16 402.2 Assignment and Transfer of Classified Personnel
Reviewed 12/16 402.3 Evaluation of Classified Personnel
Reviewed 12/16 402.4 Classified Personnel Resignation
Revised 12/16 402.5 Dismissal/Suspension of Classified Personnel
Reviewed 12/16 402.6 Reduction in Workforce of Classified Personnel
Reviewed 12/16 402.8 Classified Personnel Absence without Pay
Reviewed 12/16 402.9 Classified Personnel Relations to Pupils and Public
Reviewed 12/16 402.10 Classified Personnel Work Week, Wage and Overtime Compensation/Compensatory Time
Reviewed 12/16 402.10-E Overtime/Unscheduled Hours Approval Form
Reviewed 12/16 402.11 Education Assistants
Reviewed 12/16 402.12 Licensed Equipment Operators

All Employees

Revised 3/17 403.1 Physical Examinaton/Fitness for Duty
Reviewed 3/17 403.2 Employee Recognition
Reviewed 3/17 403.3 Violence in the Workplace
Reviewed 3/17 403.4 Substance-Free Workplace
Reviewed 3/17 403.4-E Notice to Employees Regarding Substance-Free Workplace
Reviewed 3/17 403.5 Tobacoo-Free and Nicotine-Free Campus
Reviewed 3/17 403.5-R Administrative Regulations Regarding a Tobacco-Free and Nicotine-Free Campus
Reviewed 3/17 403.6 Exit Comment
Reviewed 3/17 403.7 Family and Medical Leave
Revised 3/17 403.7-R1 Administrative Regulations Regarding Employee Family and Medical Leave
Reviewed 3/17 403.7-R2 Administrative Regulations Regarding Licensed Employee Family and Medical Leave Definitions
Reviewed 3/17 403.7-E1 FMLA Leave Request and Employee Obligation Requirement Form
Reviewed 3/17 403.7-E2 Notice of Eligibility and Rights/Responsibilities (FMLA)
Reviewed 3/17 403.7-E3 Designation Notice (FMLA)
Reviewed 3/17 403.7-E4 Certification of Healthcare Provider for Employee's Serious Health Condition (FMLA)
Reviewed 3/17 403.7-E5 Certification of Healthcare Provider for Family Member's Serious Health Condition (FMLA)
Reviewed 3/17 403.7-E6 Certification of Qualifying Exigency for Military Family Leave (FMLA)
Reviewed 3/17 403.7-E7 Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave (FMLA)
Revised 3/17 403.7-E8 Medical Documentation of Absence
Reviewed 3/17 403.7-E9 Notice to Employees of Rights Under FMLA
Reviewed 3/17 403.8 Professional Organizations
Reviewed 3/17 403.9 Participation in Community Activities
Reviewed 3/17 403.10 Religious Observance
Reviewed 3/17 403.11 Hazardous Chemical Disclosure
Reviewed 3/17 403.12 Communicable Diseases Which are Reportable
Reviewed 3/17 403.13 Harassment/Workplace Bullying
Reviewed 3/17 403.14 Sexual Harassment
Revised 3/17 403.15 Procedures for Charging/Investigating Allegations of Abuse of Students by School Employees
Reviewed 3/17 403.15-E Abuse of Student by School District Employee Report Form
Reviewed 3/17 403.16 Employee Records
Reviewed 3/17 403.16-R Administrative Regulations Regarding Employee Records
Reviewed 3/17 403.17 Employee Conflict of Interest
Reviewed 8/17 403.18 Public Complaints About Employees
Revised 8/17 403.19 Drug and Alcohol Testing Program
Reviewed 8/17 403.19-E1 Drug and Alcohol Testing Program Notice to Employees
Reviewed 8/17 403.19-E2 Drug and Alcohol Testing Program Acknowledgment Form
Revised 8/17 403.20 All Personnel: Jury Duty/Witness Service
Reviewed 8/17 403.21 Employee Relations, Conduct and Appearance
Reviewed 8/17 403.22 Staff Development
Reviewed 8/17 403.23 Extended Leave Period for Employees Who Have a Serious Health Condition Due to Illness or Injury
Reviewed 8/17 403.24 Americans with Disabilities Act
Reviewed 8/17 403.24-E Employee Request for Accommodation
Reviewed 8/17 403.25 Outside Employment
Reviewed 8/17 403.26 Employee Political Activity
Reviewed 8/17 403.27 Pay Deduction Exempt Employees
Reviewed 8/17 403.27-R Administrative Regulations Regarding Pay Deduction
Reviewed 8/17 403.27-E Pay Deduction Complaint Form
Reviewed 8/17 403.28 Use of Computer and Internet
Revised 8/17 403.29 Use of Personal Electronic Devices and District Telephones/Cell Phones
Reviewed 8/17 403.30 Arrest and Criminal Charge Notification Policy
Reviewed 8/17 403.31 Workers' Compensation: Injury/Illness on the Job
Reviewed 8/17 403.31-E Workers' Compensation Supplement Form
Reviewed 8/17 403.32 Employee Assistance Program
Reviewed 8/17 403.33 Affirmative Action
Revised 8/17 403.34 Employee Termination: Voluntary/Involuntary
Revised 8/17 403.35 Social Networking
Revised 8/17 403.36 Safety Accountabilities and Responsibilities
Reviewed 8/17 403.37 Safe Workplace Regulations and Procedures
Reviewed 8/17 403.38 Modified Duty Return to Work Program
Reviewed 8/17 403.38-E Modified Duty Practices
Reviewed 8/17 403.39 Employee Background Checks
Reviewed 8/17 403.40 Pregnancy Discrimination
Reviewed 8/17 403.41 Military Service

400 - Employment Equity, Equal Opportunity, and Qualifications

 

 

 

400.1 - Educational and Employment Equity

 

 

 

The Linn-Mar Community School District shall provide equal educational and employment opportunities and will not illegally discriminate on the basis of race, creed, color, religion, gender, age, national origin, marital status, sexual orientation, gender identity, disability, veteran status, or genetic information in its educational programs and activities or in its employment and personnel policies and practices.

This district shall provide educational programs and activities that include curricular and instructional resources which reflect the racial and cultural diversity present in the United States and the variety of careers, roles, and lifestyles open to both men and women in our society. These programs and activities shall foster respect and appreciation for the cultural diversity found in our country; an awareness of the rights, duties, and responsibilities of each individual as a member of a pluralistic society; and reduce stereotyping and bias on the basis of race, creed, color, religion, gender, age, national origin, marital status, sexual orientation, gender identity, covered military veteran, disability, genetic information, familial status, physical attribute, political belief/party preference, or socio-economic status.

The district shall take affirmative action in recruitment, appointment, assignment, and advancement of women and men, minorities, and disabled.

A fair and supportive environment will be provided for all students and employees regardless of their race, creed, color, religion, gender, age, national origin, marital status, sexual orientation, gender identity, disability or genetic information.

Employees shall be given notice of this policy on an annual basis. It shall also be given to job applicants and disseminated to students, parents, etc., through district publications.

Inquiries regarding compliance with equal educational or employment opportunities and/or affirmative action shall be directed to the Linn-Mar Equity Coordinators who have been designated by the district to coordinate the school district’s efforts to comply with the regulations implementing Title VI, Title VII, Title IX, the ADA, §504, and Iowa Code §280.3 (2007). 

Linn-Mar Community School District Equity Coordinators:
Mr. Shannon Bisgard, Associate Superintendent
Phone: 319-447-3028 / Email

Mrs. Karla Christian, Chief Officer of Human Resources
Phone: 319-447-3036 / Email

Address: 2999 N 10th Street, Marion, IA 52302
Fax: 319-377-9252
Office Hours: 7:30 AM to 4:00 PM

Inquiries may also be directed, in writing, to the Iowa Civil Rights Commission (400 E. 14th Street, Des Moines, IA, 50319, (800) 457-4416), the Director of the Region VII Office of the United States Equal Employment Opportunity Commission (601 East 12th Street – Room 353, Kansas City, MO, 64106, (800) 368-1019), or the U.S. Department of Education, Office for Civil Rights (Lyndon Baines Johnson Department of Education Bldg., 400 Maryland Avenue, SW, Washington, DC, 20202-1100, (800) 421-3481).


Adopted: 7/81
Reviewed: 12/11; 2/14; 9/14; 12/16
Revised: 1/11; 4/13
Related Policy (Code #): 400.1-E; 401.1; 403.11
Legal Reference (Code of Iowa): Chapters 20, 70, 601A; §§19B.11; 278.8;
29 USC; §§ 621-634; 42 USC; §§ 2000e et seq; 281 IAC 11.4, 12.4, 84-88, 95;
Vietnam Era Veterans Readjustment Assistance Act (1974), as amended, 38 USC 4212;
Age Discrimination in Employment Act (1967); Equal Pay Act (1963);
Title II of the Genetic Information  Nondiscrimination Act (2008);
Title VII of the Civil Rights Act (1964);
Title I and Title V of the Americans with Disabilities Act (1990) 

400.1-E - Equity Complaint Form

 

 

 

Distribution of Form: (Equity Coordinator)

Name of Complainant:  
Building:  
Date of Filing:  
Date Violation Occurred:  
Date Level I Meeting Held (Optional):  
Parties Present at Level I Meeting:  

Nature of Complaint:

 

 

Remedy Requested:

 

 

Signature:  
Date Signed:  
Address:  
Phone:  

Disposition of Chief Officer of Human Resources/Equity Coordinator:

 

 

Signature:  
Date Signed:  

Chief Office of Human Resources/Equity Coordinator's Disposition (Accepted or Rejected):

 

 

Signature of Complainant:  
Date Signed:  

Disposition of Superintendent:

 

 

Signature:  
Date Signed:  

 


Reviewed: 9/14; 12/16
Related Policy (Code#): 400.1

400.2 - Equal Employment Opportunity

 

 

 

The Linn-Mar Community School District will provide equal opportunity to employees and applicants for employment in accordance with applicable equal employment opportunity and affirmative action laws, directives, and regulations of federal, state, and local governing bodies. Opportunity to all employees and applicants for employment includes hiring, placement, promotion, transfer or demotion, recruitment, advertising or solicitation for employment, treatment during employment, rates of pay or other forms of compensation, and layoff or termination. It is a goal of the district to have a diverse workforce. Employees will support and comply with the district’s established equal employment opportunity and diversity hiring practices. Employees will be given notice of this policy annually.

Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply. In employing individuals the Linn-Mar Community School District will provide equal opportunity to employees and applicants for employment without regard to race, color, religion, creed, gender, national origin, age, disability, marital status, sexual orientation, gender identity, genetic information, as a covered veteran, or any other classification that is protected in accordance with applicable equal employment opportunity and affirmative action laws, directives, and regulations of federal, state, and local governing bodies.

Advertisements and notices for vacancies within the district will contain the following statement: The Linn-Mar Community School District is an EEO employer dedicated to employing a diverse workforce of highly qualified employees. This statement will also appear on application forms.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and polices including but not limited to complaints of discrimination will be directed to Linn-Mar Equity Coordinators who have been designated by the school district to coordinate the district’s efforts to comply with the regulations implementing Title VI, Title VII, Title IX, the ADA, §504, and Iowa Code §280.3 (2007).

Linn-Mar Community School District Equity Coordinators:
Mr. Shannon Bisgard, Associate Superintendent
Phone: 319-447-3028 / Email

Mrs. Karla Christian, Chief Officer of Human Resources
Phone: 319-447-3036 / Email

Address: 2999 N 10th Street, Marion, IA 52302
Fax: 319-377-9252
Office Hours: 7:30 AM to 4:00 PM
 

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and federal employment laws and policies including but not limited to complaints of discrimination may also be directed in writing to the Iowa Civil Rights Commission (400 E. 14th Street, Des Moines, IA, 50319, (800) 457-4416), the Director of the Region VII Office of the United States Equal Employment Opportunity Commission (601 East 12th Street – Room 353, Kansas City, MO, 64106 (800) 368-1019), or the U.S. Department of Education, Office for Civil Rights (Lyndon Baines Johnson Department of Education Bldg., 400 Maryland Avenue, SW, Washington, DC, 20202-1100, (800) 421-3481). This inquiry or complaint to the federal office may be done instead of or in addition to an inquiry or complaint at the local level.

Further information and copies of the procedures for filing a complaint are available in the school district’s central administrative office and the administrative office in each attendance center.


Adopted: 11/05
Reviewed: 1/11; 12/11; 4/13; 2/14; 9/14; 12/16
Revised: 2/10; 9/16
Related Policy (Code#): 400.1; 400.1-E
Legal Reference (Code of Iowa): 29 USC §§ 621-634 (2012); 49 USC §§ 12101 et seq (2012);
§§ 19B; 20; 35C; 73; 216; 279.8; 281 IAC 12.4; 95; 281 IAC 14.1; 2000

 

400.3 - Qualifications, Recruitment, and Selection

 
 
 
 
 

Persons interested in a position, other than administrative positions, who will be employed in accordance with board policies in Series 300-Administration shall have an opportunity to apply and qualify for positions in the school district without regard to race, color, religion, creed, gender, national origin, age, disability, marital status, sexual orientation, gender identity, genetic information, status as a covered veteran, or any other classification that is protected in accordance with the applicable equal employment opportunity and affirmative action laws, directives, and regulations of federal, state, and local governing bodies. Job applicants for positions shall be considered on the basis of the following qualifications:

  1. Training, experience, and skill
  2. Nature of the occupation
  3. Demonstrated competence
  4. Possession of or ability to obtain state license; if required for the position

All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online, state, job posting system. Additional announcements of the positions shall be in a manner which the superintendent, or designee, believes will inform potential applicants about the position.

Applications for employment may be obtained and completed online at the district’s employment website or applicants may contact the office of Human Resources for assistance in completing an online application.

Administrators will follow district hiring practices to fill positions in their work area and will make recommendations to the superintendent, or designee, concerning a person’s employment and possible assignment. Whenever possible, the preliminary screening of applicants will be conducted by the administrator/supervisor who will be directly supervising and overseeing the person being hired.

The board will employ licensed and unlicensed employees after receiving a recommendation from the superintendent. The superintendent will have the authority to employ:

  1. Classified personnel upon the recommendation of the Chief Officer of Human Resources.
  2. A licensed person on a temporary basis based on the recommendation of the Chief Officer of Human Resources until action can be taken by the board on the position.

The superintendent, or designee, will follow the requirements stated in the bargained agreement between employees in that collective bargaining unit and the board regarding qualifications, recruitment, and selection of such employees.


Adopted: 6/70
Reviewed: 1/11; 2/14; 9/14; 12/16
Revised: 2/10; 12/11; 4/13; 4/16; 9/16
Related Policy (Code #): 104; 400.1; 400.1-E; 400.2
Legal Reference (Code of Iowa): 29 USC §§ 621-634; 42 USC §§ 2000e et seq;
§§ 20; 35C; 216; 279.8; 279.20; 281 IAC 12

401 - Licensed Personnel

 

 

 

401.1 - Code of Professional Conduct and Ethics

 

 

 

Chapter 25

282 – 25.1(272) Scope of Standards

This code of professional conduct and ethics constitutes mandatory minimum standards of practice for all licensed practitioners as defined in Iowa Code, Chapter 272. The adherence to certain professional and ethical standards is essential to maintaining the integrity of the education profession.

282 – 25.2(272) Definitions
Except where otherwise specifically defined by law.

  1. Administrative and Supervisory Personnel: Any licensed employee such as superintendent, associate superintendent, principal, associate principal, assistant principal, or other person who does not have as a primary duty the instruction of pupils in the schools.
  2. Board: The Iowa Board of Educational Examiners (BOEE).
  3. Discipline: The process of sanctioning a license, certificate, or authorization issued by the board.
  4. Ethics: A set of principles governing the conduct of all persons governed by these rules.
  5. Fraud: Knowingly providing false information or representations on an application for licensure or employment or knowingly providing false information or representations made in connection with the discharge of duties.
  6. License: Any license, certificate, or authorization granted by the board.
  7. Licensee: Any person holding a license, certificate, or authorization granted by the board.
  8. Practitioner: An administrator, teacher, or other licensed professional including an individual who holds a statement of professional recognition who provides educational assistance to students.
  9. Responsibility: A duty for which a person is accountable by virtue of licensure.
  10. Right: A power, privilege, or immunity secured to a person by law.
  11. Student: A person, regardless of age, enrolled in a pre-kindergarten through grade 12 who is receiving direct or indirect assistance from a person licensed by the board.
  12. Teacher: Any person engaged in the instructional program for pre-kindergarten through grade 12 including a person engaged in teaching, administration, and supervision and who is required by law to be licensed for the position held. [ARC 7979B, IAB 7/29/09, effective 9/2/09]

282 – 25.3(272) Standards of Professional Conduct and Ethics

Licensees are required to abide by all federal, state, and local laws applicable to the fulfillment of professional obligations. Violation of federal, state, or local laws in the fulfillment of professional obligations constitutes unprofessional and unethical conduct which can result in disciplinary action by the board. In addition, it is hereby deemed unprofessional and unethical for any licensee to violate any of the following standards of professional conduct and ethics:

25.3(1) Standard I - Conviction of Crimes (Sexual or other immoral conduct with or toward a student and child/dependent adult abuse)

Violation of this standard includes:

  1. Fraud: The same as defined in Rule 282 – 25.2(272) above.
  2. Criminal Convictions: The commission of or conviction for a criminal offense as defined by Iowa law provided that the offense is relevant to or affects teaching or administrative performance.
  1. Disqualifying Criminal Convictions: The board shall deny an application for licensure and shall revoke a previously issued license if the applicant or licensee has on or after July 1, 2002; been convicted of, has pled guilty to, or has been found guilty of the following criminal offenses regardless of whether the judgment of conviction or sentence was deferred:
    • Any of the following forcible felonies included in Iowa Code Section 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping.
    • Any of the following criminal, sexual offenses as provided in Iowa Code Chapter 709, involving a child: 1) First, second, or third-degree sexual abuse committed on or with a person who is under the age of 18; 2) Lascivious acts with a child, 3) Assault with intent to commit sexual abuse, 4) Indecent contact with a child, 5) Sexual exploitation by a counselor, 6) Lascivious conduct with a minor, 7) Sexual exploitation by a school employee, 8) Enticing a mind under Iowa Code Section 710.10, or 9) Human trafficking under Iowa Code Section 710A.2.
    • Incest involving a child as prohibited by Iowa Code Section 726.2.
    • Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code Section 728.2.
    • Telephone dissemination of obscene material to minors as prohibited by Iowa Code Section 728.15.
    • Any offense specified in the laws of another jurisdiction, or any offense that may be prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in subparagraph 25.3(1)”b”(1).
    • Any offense under prior laws of this state or another jurisdiction or any offense under prior law that was prosecuted in a federal, military, or foreign court that is comparable to an offense listed in subparagraph 25.3(1)”b”(1).
  2. Other criminal convictions and founded child abuse. In determining whether a person should be denied a license or whether a licensee should be disciplined based upon any other criminal conviction including a conviction for an offense listed in 25.3(1)”b”(1) which occurred before July 1, 2002, or a founded report of abuse of a child the board shall consider:
    • The nature and seriousness of the crime or founded abuse in relation to the position sought.
    • The time elapsed since the crime or founded abuse was committed.
    • The degree of rehabilitation which has taken place since the crime or founded abuse was committed.
    • The likelihood that the person will commit the same crime or abuse again.
    • The number of criminal convictions or founded abuses committed.
    • Such additional factors which may, in a particular case, demonstrate mitigating circumstances or heightened risk to public safety.
  1. Sexual Involvement or Indecent Contact with a Student: Sexual involvement includes but is not limited to the following acts whether consensual or nonconsensual: fondling or touching the inner thigh, groin, buttocks, anus or breasts or a student; permitting or causing to fondle or touch the practitioner’s inner thigh, groin, buttocks, anus or breasts; or the commission of any sex act as defined in Iowa Code Section 702.17.
  2. Sexual Exploitation of a Minor: The commission of or any conviction for an offense prohibited by Iowa Code Section 728.12, Iowa Code Chapter 709, or 18 USC Section 2252A(a)(5)(B).
  3. Student Abuse: Licensees shall maintain professional relationships with all students, both inside and outside the classroom. The following acts or behavior constitutes unethical conduct without regard to the existence of a criminal charge or conviction:
  • Committing any act of physical abuse of a student.
  • Committing any act of dependent adult abuse on a dependent, adult student.
  • Committing or soliciting any sexual or otherwise indecent act with a student or any minor.
  • Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student.
  • Furnishing alcohol or illegal/unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal/unauthorized drugs in the presence of the licensee.
  • Failing to report any suspected act of child/dependent adult abuse as required by state law.
  • Committing or soliciting any sexual conduct as defined in Iowa Code Section 709.15(3)”b” or soliciting, encouraging, or consummating a romantic relationship with any person who was a student within 90 days prior to any conduct alleged in the complaint if that person was taught by the practitioner or was supervised by the practitioner in any school activity when that person was a student.

25.3(2) Standard II - Alcohol or Drug Abuse

Violation of this standard includes:

  1. Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming illegal or unauthorized drugs or abusing legal drugs.
  2. Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming alcohol.

25.3(3) Standard III - Misrepresentation/Falsification of Information

Violation of this standard includes:

  1. Falsifying or deliberately misrepresenting or omitting material information regarding professional qualifications, criminal history, college credit, staff development credit, degrees, academic awards, or employment history when applying for employment or licensure.
  2. Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.
  3. Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.
  4. Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282; Chapter 20.
  5. Falsifying or deliberately misrepresenting or omitting material information regarding the evaluation of students or personnel including improper administration of any standardized tests including but not limited to changing test answers, providing test answers, copying or teaching identified test items, or using inappropriate accommodations or modifications for such tests.

25.3(4) Standard IV - Misuse of Public Funds and Property

Violation of this standard includes:

  1. Failing to account properly for funds collected that were entrusted to the practitioner in an educational context.
  2. Converting public property or funds to the personal use of the practitioner.
  3. Submitting fraudulent requests for reimbursement of expenses or for pay.
  4. Combining public or school-related funds with personal funds.
  5. Failing to use time or funds granted for the purpose for which they were intended.

25.3(5) Standard V - Violations of Contractual Obligations

Violation of this standard includes:

  1. Signing a written professional employment contract while under contract with another school, school district, or area education agency.
  2. Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract. An administrator shall make a good faith effort to determine whether the practitioner has been released from the current contract.
  3. Abandoning a written professional employment contract without prior unconditional release by the employer.
  4. As an employer executing a written professional employment contract with a practitioner which requires the performance of duties that the practitioner is not legally qualified to perform.
  5. As a practitioner executing a written professional employment contract which requires the performance of duties that the practitioner is not legally qualified to perform.

In addressing complaints based upon contractual obligations the board shall consider factors beyond the practitioner’s control. For purposes of enforcement of this standard a practitioner will not be found to have abandoned an existing contract if:

  1. The practitioner obtained a release from the employing board before discontinuing services under the contract.
  2. The practitioner provided notice to the employing board no later than the latest of the following dates: 1) The practitioner’s last work day of the school year, 2) The date set for return of the contract as specified in statute, or 3) June 30th.

25.3(6) Standard VI - Unethical Practice toward Other Members of the Profession (Parents, Students, and Community)

Violation of this standard includes:

  1. Denying the student, without just cause, access to varying points of view.
  2. Deliberately suppressing or distorting subject matter for which the educator bears responsibility.
  3. Failing to make reasonable effort to protect the health and safety of the students or creating conditions harmful to student learning.
  4. Conducting professional business in such a way that the practitioner repeatedly exposes students of other practitioners to unnecessary embarrassment or disparagement.
  5. Engaging in any act of illegal discrimination or otherwise denying a student or practitioner participation in the benefits of any program on the grounds of race, creed, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, socio-economic status, or national origin.
  6. Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.
  7. Accepting gifts from vendors, or potential vendors, where there may be the appearance of or an actual conflict of interest.
  8. Intentionally disclosing confidential information including but not limited to unauthorized sharing of information concerning student academic or disciplinary records, health and medical information, assessment or test results, or family income. Licensees shall comply with state and federal laws and local school board policies relating to the confidentiality of student records unless disclosure is required or permitted by law.
  9. Refusing to participate in a professional inquiry when requested by the board.
  10. Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.
  11. Failing to self-report to the board within 60 days any founded child abuse report or any conviction for a criminal offense listed in 25.3(1)”b”(1) which requires revocation of the practitioner’s license.
  12. Delegating tasks to unqualified personnel.
  13. Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.
  14. Allowing another person to use one’s practitioner license for any purpose.
  15. Performing services beyond the authorized scope of practice for which the individual is licensed or prepared or performing services without holding a valid license.
  16. Falsifying, forging, or altering a license issued by the board.
  17. Failure of the practitioner holding a contract under Iowa Code Section 279.13, to disclose to the school official responsible for determining assignments a teaching assignment for which the practitioner is not properly licensed.
  18. Failure of a school official responsible for assigning licensed practitioners holding contracts under Iowa Code Section 279.13, to adjust an assignment if the practitioner discloses to the official that the practitioner is not properly licensed for an assignment.

25.3(7) Standard VII - Compliance with State Law Regarding Obligations to State or Local Governments, Student Loan Obligations, Child Support Obligations, and Board Orders

Violations of this standard includes:

  1. Failing to comply with 282; Chapter 8, concerning payment of debts to state or local governments
  2. Failing to comply with 282; Chapter 9, concerning repayment of student loans
  3. Failing to comply with 282; Chapter 10, concerning child support obligations
  4. Failing to comply with board order

25.3(9) Standard VIII – Incompetence

Violation of this standard includes, but is not limited to:

  1. Willfully or repeatedly departing from, or failing to conform to, the minimum standards of acceptable and prevailing educational practice in the State of Iowa.

Adopted: 4/16
Revised: 9/16

401.2 - Definition of Licensed Personnel

 

 

 

The term “licensed personnel” means employees who must possess professional teaching licenses issued by the Iowa Department of Education in order to hold their positions.

Professional personnel shall possess a license for the position they hold with the school district. The license shall meet the requirements set out by the Iowa Board of Educational Examiners. Each licensed professional must present a copy of their current license to the superintendent, or designee, prior to employment.

It is solely the responsibility of the teacher to file and maintain a valid teaching license with Human Resources. No licensed professional will be employed or permitted to serve without a current and valid license.

If an employee is found not to be properly licensed for an assigned position, that individual may not serve in the assigned position or be compensated until proper licensure is documented.


Adopted: 4/85
Reviewed: 1/11; 12/11; 4/13; 9/14; 12/16
Revised: 2/09
Legal Reference (Code of Iowa): Section 260.6; 256.7(3); 272.6; 272A;
279.8; 294.1.; 282 IAC 14; 281 IAC 12.4; 41.25

401.3 - Licensed Personnel Continuing Contracts

 

 

 

Contracts entered into with licensed personnel other than administrators will be subject to the provisions of Iowa Code Chapter 279. Any modification or termination of said contracts will be in accordance with law.

Licensed personnel may be subject to a probationary period as provided by law.

Licensed personnel who wish to be released from their employment contracts or who intend to resign or retire from employment must comply with the appropriate board policy regarding such areas.


Adopted: 6/70
Reviewed: 1/11; 12/11; 4/13; 9/14; 12/16
Revised: 2/09; 8/17
Related Policy (Code #): 401.8
Legal Reference (Code of Iowa): §§ 20; 27.12; 260;
279.12-19B, .27; 294.1; 279.15

401.4 - Licensed Personnel Initial Assignment

 

 

 

The initial assignment of a licensed personnel to a position in a school and/or department of the district shall be made by the superintendent, or designee, on the basis of the qualifications of the person for the position to be filled.

The superintendent, or designee, will follow the requirements stated in the bargained agreement between personnel in that certified collective bargaining unit and the board regarding assignment of such personnel.


Adopted: 6/70
Reviewed: 1/11; 12/11; 4/13; 9/14; 12/16
Revised: 11/05
Legal Reference (Code of Iowa): §§ 20.9; 279.8

401.5 - Licensed Personnel Professional Development

 

 

 

To advance student achievement, the Board of Education encourages staff learning and professional development as part of a professional learning community. Therefore, the board expects licensed personnel to participate in professional and staff development workshops and courses to maintain, develop, and extend their skills.

Staff development activities include workshops or courses in which the focus of the learning aligns with the educational goals of the strategic plan, comprehensive school improvement goals, building improvement goals, and instructional goals of the district. Staff development activities which occur during contract time are not eligible for advancement on the salary schedule.

Professional growth activities are those structured, learning workshops or courses that advance the skills, knowledge, or practice of the employee in which participation is solely the employee’s choice. Professional growth workshops or courses eligible for salary advancement must occur outside the contract day. Professional growth attained through coursework may lead to an advanced degree.

If the employee is compensated by the district for expenses, including tuition or registration, related to participation in a staff development or professional growth workshop or course, that workshop or course is not eligible for advancement on the salary schedule.

Requests for attendance or participation in a staff development or professional growth program during the contract day other than those programs sponsored by the district shall be made to the superintendent’s designee in writing. Approval by the superintendent’s designee must be obtained prior to attendance in the selected workshop or course.

The superintendent’s designee shall have the discretion to allow or disallow the licensed personnel to attend or participate in the requested event. When making this determination, the superintendent’s designee will consider the value of the program for the employee and the school district; the effect of the employee's absence on the education program, school district operations, and the school district's budget; as well as other factors deemed relevant in the judgment of the superintendent’s designee.


Adopted: 8/89
Reviewed: 1/11; 12/11; 4/13; 9/14; 12/16
Revised: 11/05
Related Policy (Code #): 401.14
Legal Reference (Code of Iowa): §§ 279.8 (2005); 281 IAC 12.7

401.6 - Evaluation of Licensed Personnel

 

 

 

Evaluation of licensed personnel on their skills, abilities, and competence shall be an ongoing process supervised by the building principals and conducted by approved evaluators.

The licensed personnel evaluation system used by the Linn-Mar Community School District is included in the district’s performance evaluation system. The goal of the formal evaluation of licensed personnel other than administrators, but including extra-curricular personnel shall be to:

  • Improve the educational program
  • Maintain licensed personnel who meet or exceed the board's standards of performance
  • Clarify each licensed employee's role
  • Ascertain the areas in need of improvement
  • Clarify the immediate priorities of the board
  • Develop a working relationship between the administrators and other school district personnel
  • Maintain ethical practice and conduct

The superintendent, or designee, will follow the requirements stated in the master agreement between personnel in a licensed collective bargaining unit and the board regarding the evaluation of such personnel.

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

It shall be the responsibility of the superintendent, or designee, to ensure licensed personnel who are not covered by the master agreement are evaluated annually.


Adopted: 8/89
Reviewed: 1/11; 12/11; 4/13; 12/16
Revised: 9/14
Legal Reference (Code of Iowa): §§ 20.9; 279.14; 279.19; 279.27 (2005);
294.1; 281 IAC 12.3(3-4); Ch 83

401.7 - Licensed Personnel Resignation

 

 

 

A written resignation signed by the licensed employee shall be submitted to the employee’s immediate supervisor who will direct the resignation with recommendations to the superintendent. The superintendent will then make his/her recommendation to the Board of Directors as provided by Iowa Code.

The board recognizes that there are some circumstances which may force licensed personnel to request release from contract before the expiration date of the contract. Therefore, licensed personnel may be released from their contract if a suitable replacement can be found.

Additionally, after June 30th through the first 45 calendar days of the school year, if the release of the licensed employee is approved by the Board of Directors, the released employee shall be required to reimburse the district for the expenses associated with hiring their replacement that is equivalent to the cost of a Sunday ad package in a newspaper with statewide distribution. Exceptions may be made in circumstances deemed an emergency or exceptional situation as determined by the superintendent or designee.

In the event a licensed employee terminates employment without proper release, the superintendent is directed to advise the Iowa Board of Educational Examiners for appropriate action.


Adopted: 6/70
Reviewed: 1/11; 12/11; 4/13; 12/16
Revised: 9/14
Legal Reference (Code of Iowa): §§ 279.13; 279.19A (2013);
91 A.2-3, .5

401.10 - Licensed Personnel Early Separation

 

 

 

To recognize extended service to the Linn-Mar Community School District, the board offers an early separation plan for licensed personnel serving in an assignment of .5 or greater time equivalency. Five-tenths to full-time personnel (.5-1.0 FTE) are those who are currently performing their assigned duties within the school district and who satisfy the definition of a five-tenths to full-time personnel (.5-1.0 FTE) as outlined in the respective contracts and terms and conditions of employment.

Eligibility
All non-administrative personnel covered by this policy who have completed a total of 10 years of contracted service in positions requiring licensure with the Linn-Mar Community School District and who are at least 55 years of age shall be eligible for early separation as an employee of the district. Eligibility commences when 20 years of service are satisfied after the age of 55. Said personnel will qualify for incentives upon submitting to the Board of Directors a written notification of intent for early separation no later than October 12th and, upon receiving information regarding the incentives related to early separation, submit an early separation request no later than January 12th of the last year of service.

The effective date for an early separation corresponds to the ending date of the licensed employee’s contract year and they must work the entire contract year prior to early separation. However, should the licensed employee’s birth date occur after the start of a new contract year but before the beginning of classes, they may choose to retire on the date of their birthday. An early separation request with an effective date other than this will be considered on its individual merits by the Board of Directors.

Compensation
Licensed personnel who elect to take early separation will be compensated as follows:

  1. All personal days earned but not used during the years of service to the district will be compensated for at the rate of substitute pay used during the last year of service.
  2. Separation compensation will be calculated on said employee's base salary during the last contracted year of employment. If the employee has worked less than full-time during the five-year period immediately preceding separation, then the compensation shall be based upon the average of the last five years. This shall not include any compensation for insurance flex dollars, extra-curricular or extra duty, TSS dollars, or performance contracts. This pay shall correspond to the following schedule relating to the end of that school year which is the employee's last year of active employment.
    1. Eligibility commences when at least 20 years of service are satisfied after at least the age of 55.
      • Years of eligibility: 1-7
      • Percent of base salary: 50%

Insurance

  1. Licensed personnel who elect to take early separation pursuant to this policy shall be eligible to continue participation in the district's group medical-hospitalization plan at the district's group rate. An employee's right to continue participation in such group insurance plan will be discontinued upon reaching the age of 65, or when insurance is obtained elsewhere.
  2. Licensed personnel who elect to take early separation pursuant to this policy shall be eligible to continue participation in the district's group term life insurance plan at the district's group rate. An employee's right to continue participation in such group term life insurance plan will be discontinued upon reaching the age of 65, or when insurance is obtained elsewhere.
  3. Licensed personnel shall pay the premiums for all such insurance. It is the responsibility of employees to pay to the school district the monthly premium amounts on such dates as determined by the district. All insurance provided through the district shall be subject to the terms and conditions of the carriers.

Compensation for District Work Following Early Separation
Licensed personnel electing early separation may support the district as a substitute teacher or on a consultant basis. As consultants participating in this program, individuals will be offered employment which could include substitute teaching as allowed by the Board of Educational Examiners regulations, demonstration teaching, working on staff development and in-service programs, and curriculum development projects. Participants in this program will receive contracted amounts mutually designed not to interfere with benefits allowed by IPERS or social security.

Payment Options
The board shall determine the method of payment for the incentives as a 403(b) account and the time period during which to make full payment to the individual account within a one-to-five-year span. The individual shall have the option to present their needs prior to the determination. The length of time for full payment shall be determined in writing, and the appropriate installments calculated before the first payment is made. If the payment plan determined by the board is unsatisfactory, the licensed personnel may retract their early separation request.

Restrictions

  • Separation pay shall not be granted to licensed personnel who are discharged for causes other than staff reduction.
  • Incentives pursuant to this policy can be received only once.

Beneficiary
In the event of the death of licensed personnel prior to payment of the early separation incentive, the early separation incentive will be paid to the designated beneficiary in one lump sum payment. In the event no beneficiary is designated, the incentive will be paid to the individual’s estate in one lump sum payment.

Amendment or Appeal
The board has complete discretion to offer, or not to offer, an early separation plan for licensed personnel. The board may discontinue the district’s early separation plan at any time.

The adoption of this policy shall not vest any rights in any licensed personnel whether or not the employee is currently eligible for early separation. The board shall have the complete discretion to amend or repeal this policy at any time. The district shall not be obligated to provide any of the incentives to any licensed personnel after the date of such amendment or repeal except to those employees whose early separation, pursuant to this policy, has commenced prior to the amendment or repeal.

Communication Process
Following the board’s annual decision, no later than May 15th regarding the offer of the incentives, licensed personnel who are eligible and who have notified the board by October 12th of an intent to request early separation, shall receive a letter from the administration notifying them of the conditions offered by the board. These employees shall respond no later than January 12th, following the receipt of the letter with the conditions of the offer, as to their acceptance of the conditions of the board’s early separation offer. The eligible employee’s response shall be in the form of a letter indicating their intent to retire at the conclusion of their current contract.


Adopted: 6/88
Reviewed: 12/11; 4/13; 12/16
Revised: 3/11; 9/14
Legal Reference (Code of Iowa): 29 USC §§ 621 et seq (2012); 97B; 216; 279.46;
509A.13;; 1978 Op Atty Gen 247; 1974 Op Atty Gen 11, 322

401.11 - Tutoring

 

 

 

Every effort will be made by licensed personnel to help students with learning problems and skill development as appropriate to the student’s age and capacity.

Employees shall not solicit students or parents of students to purchase equipment, supplies, or services for the employee’s personal advantage. Employees shall not use professional relationships with students for private advantage. Public property or funds shall not be converted to personal use.

Employees shall not render services for reimbursement directly from students enrolled in their classroom or supervision for tutoring, lessons, personal coaching, or similar services. Tutoring, lessons, personal coaching, or any other type of professional instructional and/or skill support for a fee by non-employees may not take place within school facilities.

The superintendent will be responsible for administrative regulations pertaining to this policy.


Adopted: 6/70
Reviewed: 12/11; 4/13; 12/16
Revised: 3/11; 9/14
Related Policy (Code#): 401.11-R
Legal Reference (Code of Iowa): §§ 20.7; 279.8 (2013);
282-15.3(4)b; 282-25.3(6)f; 282-26.3(6)

401.11-R - Administrative Regulations Regarding Tutoring

 

 

 

Student participation must be voluntary. Inclusion on a team, performance group, production, game, match, etc., cannot be contingent on participation in or utilization of the service.

Permitted:

  1. Employees may offer services to enhance student skills only if they are compensated by the school district as employees of the district, and the services are delivered outside of the employee’s contracted and/or assigned work day and stipended responsibilities.
  2. Employees may offer services such as tutoring, lessons, or personal training to enhance student skills to students not enrolled in their class, team or group, or attending Linn-Mar Schools.
  3. Clinics, camps, and workshops or activities for the purpose of skill development and enrichment experiences are permitted provided the following steps are completed:
    1. District fundraising form is completed and approved.
    2. District facility reservation form is completed and approved.
    3. District activity/event form, including a schedule, is completed and approved.

Prohibited:

  1. Linn-Mar employees may not provide tutoring, lessons, personal coaching, and the like to a student currently enrolled in their class, listed, on their class roster, or directly under their supervision.
  2. Linn-Mar employees may not sell any product, equipment, or supplies to students or parents for personal advantage.

Responsibility:

  1. It is the employee’s responsibility to comply with the policy and its regulations.
  2. If found to be in non-compliance with policy and/or regulations, the employee will be notified of non-compliance and disciplinary consequences.
  3. Failure to comply following notification will result in disciplinary action up to and including termination and a notification to the Board of Educational Examiners.

Adopted: 3/11
Reviewed: 12/11; 4/13; 9/14; 12/16
Related Policy (Code#): 401.11

401.12 - Substitute Teachers

 

 

 

Qualifications:

Personnel serving on a substitute or temporary basis in the school district shall be licensed for the positions which they are to fill. Every effort shall be made to fill temporary positions with substitutes who have preparation equal to that of regular, contract personnel and who have passed a background check. In the event such persons are not available, the employment of personnel who are properly licensed is authorized on a purely substitute or temporary basis.

If a substitute teacher is serving on a substitute or temporary basis in the school district for more than 60 days of teaching in one assignment, the responsible school administrator will contact the Chief Officer of Human Resources to review the documented need and benefit to the instructional program.

Compensation:

The daily substitute rate shall be established by the Board of Education.

The daily rate shall apply for substitute teachers during the first 10 days in the same assignment. On the 11th consecutive day of service in the same assignment, the rate shall become 1/191 of the BA base salary of the current schedule. On the 21st consecutive day of service in the same assignment, the rate of pay shall be $30.00 per hour. Such per diem salary shall apply for only that period of employment in excess of 20 teaching days in the same assignment.

Substitute teachers receive no written contract or any benefits of a regular teacher (i.e., sick leave, etc.).


Adopted: 6/70
Reviewed: 12/11; 4/13; 12/16
Revised: 1/11; 9/13; 9/14
Legal Reference (Code of Iowa): IASB v PERB, 400 NW 2d 571 (1987);
§§ 20.1, .4(5), .9; 281 IAC 12.4; 272

401.13 - Student Teachers

 

 

 

It is the policy of the Linn-Mar Community School District to cooperate with the higher educational institutions in the practical preparation of future teachers.

The board will, through contracts, establish agreements with colleges and universities prior to placement of student teachers in the district’s classrooms.

All compensation paid by the colleges or universities will be paid to the supervising teacher.


Adopted: 6/70
Reviewed: 12/11; 4/13; 9/14; 12/16
Revised: 11/05

401.14 - Professional Advancement on Salary Schedule

 

 

 

Professional credit programs are those in-service, staff development activities for which licensed personnel may receive credit that may be applied to advancement on the Linn-Mar Community School District salary schedule.

The evaluation of professional growth credit shall be based on a unit equivalent to one semester hour of college or university credit.

  1. At least 15 hours of attendance in an approved, professional growth activity outside the district.
  2. At least 15 hours of study and active participation in a professional course, in-service staff development course, or seminar offered and sponsored by the district.

Each employee will be responsible for reporting professional growth activities on the district application form. The deadline for submission with intent for horizontal level change and approval of course selection (prior to enrolling in the course) is March 1st.

Professional, licensed personnel may advance on the salary schedule through successful participation in approved graduate course work that advances the professional’s growth in the educational field. The same forms and deadlines apply to college and university course work as to professional credit courses.


Adopted: 8/70
Reviewed: 1/11; 12/11; 4/13; 12/16
Revised: 9/14
Legal Reference (Code of Iowa): 20.1, .4, .7, .9; 279.8 (2013)

401.15 - Child Abuse Reporting by Licensed Personnel

 

 

 

All licensed personnel, nurses, teachers, coaches, and para-educators are mandatory reporters as provided by law and are to report alleged incidents of child abuse they become aware of within the scope of their professional duties.

When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter shall make an oral report of the suspected child abuse to the Iowa Department of Human Services within 24 hours of becoming aware of the abusive incident and shall make a written report to the Iowa Department of Human Services within 48 hours following the oral report. If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency will also be notified.

Within six months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse, or submit evidence they’ve taken the course within the previous five years. The course will be re-taken at least every five years.


Adopted: 7/79
Reviewed: 1/11; 12/11; 4/13
Revised: 9/14; 12/16
Related Policy (Code #): 401.15-R; 411.3-R; 505.52-R
Legal Reference (Code of Iowa): 232.67-77; 232A; 235A; 280.17 (2013);
441 IAC 9.2; 155; 175; 1982 Op Atty Gen 390; 417; 1980 Op Atty Gen 275

401.15-R - Administrative Regulations Regarding Child Abuse Reporting by Licensed Personnel

 

 

 

he Code of Iowa requires licensed school personnel to report to the Department of Human Services all instances of suspected child abuse involving students.

The law further specifies that any licensed school personnel who knowingly or willfully fails to report a suspected case of child abuse is guilty of a simple misdemeanor and may also leave the employee open to civil liability for the damages caused by their failure to report.

Iowa Code provides immunity from any liability, civil or criminal, to anyone participating in good faith in the making of a report or in the judicial proceedings that may result from the report.

Child Abuse Defined:
Child abuse or abuse means harm occurring through:

  1. **Any non-accidental physical injury or injury that is at variance with the history given of it suffered by a child (that is any person under 18 years of age) as a result of the acts or omissions of a person responsible for the care of the child.
  2. **The commission of any sexual abuse with or to a child as defined by Chapter 709, Iowa Code, as a result of the acts or omissions of the person responsible for the child.
  3. 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.

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

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, however, a court may still order that medical services be given to the child if the child's health requires it.

Reporting Procedures:
Iowa Code establishes reporting and investigation procedures for alleged cases of child abuse. All licensed school personnel, nurses, teachers, coaches, and para-educators are mandatory reporters as provided by law and are to report alleged incidents of child abuse they become aware of within the scope of their professional duties.

When a mandatory reporter suspects a student is the victim of child abuse the mandatory reporter is required to orally report within 24 hours to the Department of Human Services when the person “reasonably believes a child has suffered from abuse.” The requirement to report is mandatory. Within 48 hours of the oral report a written report must be forwarded to the Department of Human Services.

Each report should contain as much of the following information as can be obtained within the time limit.

  • Name, age, and address of the suspected, abused child
  • Name and address of parents/guardians or persons legally responsible for child’s care
  • Description of injuries, including evidence of previous injuries
  • Name, age, and condition of other children in the home
  • The child's whereabouts if different from parents/guardians or persons legally responsible for the child
  • Any other information considered helpful
  • Name and address of person making the report

The law specifies that a report will be considered valid even if it does not contain all of the above information.

It is not the responsibility of school personnel to prove that a child has been abused or neglected and school personnel should not take it upon themselves to investigate the case or contact the family of the child to ask questions or make any kind of judgment. The Department of Human Services has the responsibility to follow up on the report.


Adopted: 7/79
Reviewed: 12/11; 4/13; 9/14
Revised: 5/01; 12/16
Related Policy (Code #): 401.15
Legal Reference (Code of Iowa): Chapters 232; 235A; 709

401.16 - Licensed Personnel Suspension

 

 

 

Licensed personnel will perform their assigned job, respect and follow board policy, and obey the law.

The superintendent is authorized to suspend licensed personnel pending board action on a discharge, for investigation of charges against the employee, and for disciplinary purposes.

It is within the discretion of the superintendent to suspend licensed personnel with or without pay.

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


Adopted: 3/06
Reviewed: 12/11; 4/13; 12/16
Revised: 9/14
Legal Reference (Code of Iowa): NE Community Educ Agency vs NE Community School Dist,
402 NW 2d 765 (1987); McFarland v Board of Educ of Norwalk Community School Dist,
277 NW 2d 901 (1979); §§ 20.7, .24; 279.13, .15-19, .27 (2013)

402 - Classified Personnel

 

 

 

402.1 - Definition of Classified Personnel

 

 

 

Classified personnel are employees who are not administrators or employees in positions which require an Iowa Department of Education teaching license and who are employed to fulfill the duties listed on their job description on a monthly or hourly basis.

The term “classified personnel” shall include but not be limited to the following employees whether full-time or part-time:

  • Custodial and maintenance employees
  • Secretarial and clerical employees
  • Nutrition Services employees
  • Bus drivers
  • Paraprofessionals
  • Educational assistants

Written job specifications and job descriptions shall be established by administration for all positions that require classified personnel.

There shall be two classifications of full-time personnel. To qualify for full-time employment an employee must work a minimum of 35 hours per week.

  1. Full-time; 12-month employees
  2. Full-time; 9-, 10-, or 11-month employees

For benefits eligibility refer to collective bargaining agreements or benefit summaries of non-union personnel.


Adopted: 6/70
Reviewed: 12/11; 4/13
Revised: 9/14; 12/16
Legal Reference (Code of Iowa): §§ 20; 279.8 (2013)

402.2 - Assignment and Transfer of Classified Personnel

 

 

 

Assignment of classified personnel shall be based upon the qualifications of the employee and the philosophy and needs of the school district.

Changes in assignment may be made at the initiative of the superintendent or other supervisory staff members or may be considered at the request of the employee. All changes in employment shall be made with full knowledge of the employee.

Procedures governing employee transfers must be in accordance with the requirements of existing collective bargaining agreements.


Adopted: 6/85
Reviewed: 12/11; 4/13; 12/16
Revised: 1/11; 9/14
Legal Reference (Code of Iowa): 20.9; 35C; 216; 294.1 (2013);
601A.14; 279.8 (2013); 29 USC 621-634 (2012);
42 USC 2000e et seq (2012); 42 USC 12101 et seg (2012)

402.3 - Evaluation of Classified Personnel

 

 

 

The superintendent, or designee, shall be responsible for the continuous evaluation of the classified personnel of the district. Evaluations will link specific goals to those of the district, building, or department.

Evaluations measure, monitor, and manage job performance as well as:

  1. Assist with employment related decisions
  2. Provide an opportunity for dialogue to encourage two-way discussion and collaboration
  3. Serve as a development and career planning tool

Supervisors of classified personnel shall submit classified personnel evaluations to the superintendent, or designee, in such manner and at such times as may be determined by the board and the superintendent.

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


Adopted: 6/70
Reviewed: 12/11; 4/13; 12/16
Revised: 9/14
Legal Reference (Code of Iowa): §§ 20.9; 279.14 (2014); 281 IAC 12.3(3);
279.23A; Aplington CSD vs PERB, 392 NW 2d 495 (1986);
Saydel Educ Assoc vs PERB, 333 NW 2d 486 (1983)

402.4 - Classified Personnel Employment/Resignation

 

 

 

Classified personnel and exempt employees without a Chapter 279 contract (licensed personnel) are employed on an at-will basis. Classified personnel may resign their employment at any time and for any reason and the board retains that same right.

A written resignation signed by the employee shall be submitted to the employee's immediate supervisor who will direct the resignation with recommendations to the superintendent or designee. The superintendent will then inform the Board of Directors.

Procedures governing employee resignations must be in accordance with the requirements of existing collective bargaining agreements.


Adopted: 6/70
Reviewed: 12/11; 4/13; 12/16
Revised: 9/14
Legal Reference (Code of Iowa): 91A.2-3, .5; 279.19A;
285.5(9) (2013)

402.5 - Dismissal/Suspension of Classified Personnel

 

 

 

The superintendent, or designee, has the authority to suspend or dismiss the services of any classified personnel. Due process procedures will be followed. It is the responsibility of the superintendent, or designee, to make a recommendation for dismissal to the board.

Classified personnel may be dismissed for any reason including but not limited to incompetence, willful neglect of duty, reduction in workforce, willful violation of board policy or administrative regulations, or violation of the law.


Adopted: 6/70
Reviewed: 12/11; 4/13; 9/14
Revised: 5/01; 12/16
Legal Reference (Code of Iowa): 20.7, .24 (2013)

402.6 - Reduction in Workforce of Classified Personnel

 

 

 

The number of classified personnel may be reduced due to budgetary considerations or other good reasons as determined by the board or their designee. The board’s decision shall be final.

Reduction shall be accomplished through normal staff attrition unless the best interests of the school district dictate otherwise. When reductions beyond normal staff attrition are made, classified personnel will receive 10-days written notice of termination.

Any reduction in workforce procedure contained in a valid, collective bargaining agreement will be honored by the board; however, such a procedure in no way diminishes the board’s executive power; duty; and right to hire, promote, demote, transfer, assign, and retain public employees.


Adopted: 6/85
Reviewed: 12/11; 4/13; 12/16
Revised: 9/14
Legal Reference (Code of Iowa): 20.7, .9, .24 (2013)

402.8 - Classified Personnel Absence without Pay

 

 

 

When all available and applicable paid leave of absence has been depleted, absence without pay may be authorized by the superintendent, or designee, for purposes considered urgent and necessary. For such absences, district attendance procedures will be utilized.

To apply for such leave classified personnel shall make written application to the superintendent, or designee, for such authorization at least 10 days in advance of the occurrence or, if advance application is not possible, not later than 10 days after the occurrence.

An unpaid, involuntary absence may be excused by the superintendent or designee. The employee shall make immediate application to the superintendent, or designee, to request such absence.

Other absences than those herein provided for, or failure to follow district policy and/or attendance procedures, may be deemed to be neglect of duty and may be sufficient grounds for dismissal.


Adopted: 6/70
Reviewed: 1/11; 12/11; 3/13; 9/14; 12/16
Revised: 4/13
Legal Reference (Code of Iowa): §§ 209; 279.8

402.9 - Relations to Students and Public

 

 

 

In general, classified personnel should assume no authority with students except in the following situations:

  1. A bus driver is in full charge of the bus so students shall obey the driver promptly.
  2. The bus driver is required to report each case of misconduct to the Transportation Manager.
  3. Certain associates and secretaries are designated to deal with students in attendance and related matters.
  4. In the absence of an administrator and when teachers are not present, the custodian has responsibility for the security and care of physical facilities.
  5. When no licensed personnel is immediately present, classified personnel are expected to act in the best interest of the district and its patrons with regard to student/public behavior or building/property.
  6. Direct supervision of students may be assigned by the building administrator.

Adopted: 6/70
Reviewed: 12/11; 4/13; 9/14; 12/16
Revised: 1/06

402.10 - Classified Employee Workweek, Wage, and Overtime Compensation/Compensatory Time

 

 

 

The district workweek begins on Saturday and ends on Friday. Regular work hours during the school year are determined by the needs of the district and shall be designated by the responsible administrator. Administrators will document regular employee work hours. Arrangements that deviate from regular work hours for more than two weeks will be documented prior to the arrangement commencing. The standard workday for classified, hourly personnel is up to eight hours, of which all employees are expected to work in full. The standard workweek for classified, hourly personnel is up to 40 hours as determined by administration.

Time worked includes all time that an employee is required to be physically at work. Time worked is used to determine overtime pay and/or compensatory time required for classified personnel. Classified personnel shall not be permitted to perform work away from the premises, job site, or at home unless approved in advance by the superintendent or designee. The district does not count approved, paid leave or uninterrupted lunch periods as time worked unless expressly permitted in a collective bargaining agreement.

Each non-exempt employee compensated on an hour-by-hour basis, whether full or part-time, permanent or temporary, will be paid no less than the prevailing minimum wage. Whenever a non-exempt, hourly employee must work more than 40 hours in a given work week, the employee is compensated at one and one-half times their regular hourly wage rate in excess of 40 hours. This compensation is in the form of overtime pay or compensatory time. Overtime will not be permitted without prior documented authorization of the direct supervisor. Compensatory time will not be allowed unless documented and permitted in a collective bargaining agreement.

Each non-exempt employee paid on an hour-by-hour basis must submit a daily record showing the actual number of hours worked. Failure of the employee to maintain or falsification of a daily time record will be grounds for disciplinary action up to and including termination.


Adopted: 3/06
Reviewed: 1/11; 12/11; 4/13; 9/14; 12/16
Revised: 2/10
Legal Reference (Code of Iowa): Garcia v San Antonia Metropolitan Transit Authority,
469 US 528; 29 USC §§ 206 et seq; 29C.FR Pt 500-899;
Fair Labor Standards Act (1938)

402.10-E - Overtime/Unscheduled Hours Approval Form

 

 

 

This form is to be used to document all overtime or time worked over scheduled hours.  Overages may only be approved for reasons relating to building safety and security or for district-required meetings. The supervisor must approve overtime prior to the beginning of the overtime work except in cases of extenuating circumstances. The supervisor will keep a copy of the completed form in their file and forward the original to Human Resources.

Name of Employee:
Department:
Dates of Overtime Work:
Number of Hours:

Reason for overtime/unscheduled hours:
________________________________________________________________________________________________________________
________________________________________________________________________________________________________________

Overtime/Time over schedule is:   _____ Approved       _____ Not Approved

Supervisor Signature:
Date:

Employee Signature:
Date:


Adopted: 3/13/06
Reviewed: 12/11; 4/13; 9/14; 12/16
Revised: 2/10; 1/11

402.11 - Education Assistants

 

 

 

The board may employ education assistants or other instructional support personnel to assist licensed personnel in non-teaching duties including but not limited to:

  • Managing and maintaining records, materials, and equipment
  • Attending to the physical needs of students
  • Performing other limited services to support teaching duties when such duties are determined and directed by the teacher

Education assistants, certified or non-certified, who hold a teaching certificate are compensated at the rate of pay established for the position as an education assistant.

It is the responsibility of the principal, or designee, to supervise education assistants.


Adopted: 3/06
Reviewed: 12/11; 4/13; 9/14; 12/16
Legal Reference (Code of Iowa): §§ 279.8; 280.3, .14 (2005);
281 IAC 12.4(9), .5(9)

402.12 - Licensed Equipment Operators

 

 

 

In order to provide a safe working environment, equipment operators should be properly trained and licensed. All equipment operators must be 18 years of age and have a valid driver’s license. Operators are subject to any required regular testing or licensing requirements by the state or per district procedures. These procedures may include physical, instructional, or visual testing as well as a drug screen.

Any unsafe actions by a licensed equipment operator will lead to corrective action up to and including termination. Any employees choosing to operate motorized equipment without proper training, license, and the consent of their supervisors will be subject to corrective action up to and including termination.


Adopted: 2/09
Reviewed: 3/11; 12/11; 4/13; 9/14; 12/16

403 - All Employees

 

 

 

403.1 - Physical Examination/Fitness for Duty

 

 

 

Bus drivers shall be required to take a physical examination every other year and shall meet all other medical and fitness requirements specified by state and federal transportation regulations.

Drivers shall successfully complete a physical examination by a physician or clinic designated by the district as the board’s designated provider or at any DOT certified physician. The district will pay the cost of the examination up to the allowable amount as designated in the transportation agreement.

Fitness-for-duty examinations for any employee may be required following an absence from work due to illness or injury, or in other circumstances if there is a reasonable belief that the employee is unable to perform the essential functions of the job or if there is a reasonable belief that the employee poses a direct threat to themselves or others because of a health condition.


Adopted: 6/70
Reviewed: 1/11; 12/11; 9/14
Revised: 4/13; 3/17
Legal Reference (Code of Iowa): 29 CFR Pt 1910.1030;
§§ 20.9; 279.8; 321.376; 281 IAC 12.4(14); 43.15-20

403.2 - Employee Recognition

 

 

 

Employees of the Linn-Mar Community School District may receive recognition incentives and service awards based on exemplary job performance and years of service to the district.

These incentives and service awards are for employment performance; active participation in safety and wellness initiatives; and years of service and, therefore, are presented with proper circumstances, proper motive, and for public purpose.

Service awards may be presented at various intervals as specified by the district.


Adopted: 6/90
Reviewed: 1/11; 12/11; 9/14; 3/17
Revised: 4/13
Legal Reference (Code of Iowa): Iowa Const Art III § 31; 279.8

403.3 - Violence in the Workplace

 

 

 

The Linn-Mar Community School District is committed to providing a safe, professional work environment that is free of violence by employee against employee, employee against student, by third parties against employees, or by employees against third parties. Workplace violence includes but is not limited to the following when such conduct is committed on Linn-Mar property, at a school district event or activity, or in connection with a school district activity or event:

  • The offensive and/or unlawful touching by one person against another
  • Threats of harm, bodily or otherwise, to another
  • The use of abusive language, threatening, or intimidating comments
  • The possession of unauthorized firearms or weapons while on district property
  • Conduct detrimental to district personnel which may cause undue disruption of work or endanger the safety of persons or property
  • Stalking
  • Causing or encouraging another to commit conduct as listed above

Such conduct by employees, depending on the level of severity, may result in removal from the premises as quickly as safety permits and remaining off district premises pending the outcome of an investigation. In addition, the employee will be subject to disciplinary action up to and including termination of employment and legal action. Such conduct by third parties will be subject to legal action.

Allegations of workplace violence shall be investigated and, if substantiated, disciplinary action shall be taken. Legal action will also be taken if appropriate.

Complaint Procedures: Employees or third parties who believe they have been subjected to violence in the workplace, or believe they have witnessed such behavior as defined in this policy, should immediately terminate all contact and communication with the offending party and file a written complaint with the superintendent or chief officer of human resources who will determine if an investigation is warranted. The investigator may request the individual complete a signed, written complaint form and submit other evidence of the violent act including but not limited to letters, electronic documents, or pictures. If substantiated, the district will conduct a timely investigation in as confidential a manner as possible. Interviews, allegations, statements, and identities will be kept confidential to the extent possible and allowed by law. However, the district will not allow the goal of confidentiality to be a deterrent to an effective investigation and all employees who are involved in an investigation are expected to provide honest and complete cooperation. Appropriate disciplinary action up to and including termination will be taken promptly against any employee engaging in acts of violence and/or employees who are found to be dishonest or uncooperative during an investigation. The corrective action issued will be proportional to the severity of the conduct.

The district prohibits retaliation of any kind against employees who in good faith report bona fide acts of violence, assist with or conduct an investigation regarding such complaints, or appear as a witness. Initiating a complaint under this policy shall not cause any negative impact on complainants or participants in the investigation nor shall it affect their employment, compensation, or work assignments. If an employee feels they have been subjected to any form of retaliation the employee should report the conduct to the chief officer of human resources within three calendar days of the offense.

Retaliation or attempted retaliation is a violation of this policy and anyone who does so will be subject to severe discipline up to and including termination.


Adopted: 12/95
Reviewed: 12/11; 4/13; 9/14; 3/17
Revised: 2/09
Legal Reference (Code of Iowa): §§ 708.6; 708.11; 724.4

403.4 - Substance-Free Workplace

 

 

 

The board expects the school district and its employees to remain substance free. No employee will unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or any other controlled substance or alcoholic beverage as defined by federal or state law.

“Workplace” includes school district facilities; school district premises; school district vehicles; or non-school property if the employee is at any school-sponsored, school-approved, or school-related activity, event, or function such as fieldtrips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

If an employee is arrested or cited for a criminal substance offense the employee shall notify their supervisor before reporting to regular duties or within 48 hours of arrest or citation. If an employee is convicted of a violation of any criminal substance offense committed in the workplace the employee will notify their supervisor within five days of the conviction.

Employees shall abide by the terms of this policy respecting a substance-free workplace. An employee who violates the terms of this policy may be required to successfully participate in an alcohol or drug abuse assistance or rehabilitation program approved by the board.

If administration, directors, managers, or supervisors have reasonable cause to believe an employee has violated this policy they will immediately contact the superintendent or chief officer of human resources who will determine if an investigation is warranted.  The investigator may request the individual complete a signed, written complaint form and submit other evidence of the violation including but not limited to letters, electronic documents, or pictures. If substantiated, the district will conduct a timely investigation in as confidential a manner as possible. Interviews, allegations, statements, and identities will be kept confidential to the extent possible and allowed by law. However, the district will not allow the goal of confidentiality to be a deterrent to an effective investigation and all employees who are involved in an investigation are expected to provide honest and complete cooperation. If at the conclusion of the investigation it is found that an employee has violated this policy the superintendent, or designee, will make the determination whether to require the employee to undergo substance abuse treatment and/or to discipline the employee. If the employee fails to successfully participate in such a program the employee's contract shall not be renewed or employment may be suspended or terminated at the discretion of the Board. Sanctions against employees including non-renewal, suspension, and termination shall be in accordance with prescribed school district administration regulations and procedures.

In addition, appropriate disciplinary action up to and including termination will be taken promptly against any employee who is found to be dishonest or uncooperative during an investigation. The corrective action issued will be proportional to the severity of the conduct.

The superintendent, or designee, is responsible for publication and dissemination of this policy to each employee. In addition, the superintendent, or designee, will oversee the establishment of a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment programs. It is the responsibility of the superintendent to develop administrative regulations to implement this policy.


Adopted: 3/91
Reviewed: 12/11; 4/13; 9/14; 3/17
Revised: 2/09
Legal Reference (Code of Iowa): 41 USC §§ 701-707 (1994);
42 USC §§ 12101 et seq (1994); 34 CFR Pt 85 (2002);
§§ 123.46; 124; 279.8 (2005)

403.4-E - Notice to Employees Regarding Substance-Free Workplace

 

 

 

You are hereby notified that it is a violation of the substance-free workplace policy of the Linn-Mar Community School District for any employee to distribute, dispense, possess, use, or be under the influence of any alcoholic beverage, malt beverage, fortified wine, or other intoxicating liquor; or to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, or any other controlled substance as defined in schedules I through V of Section 202 of the Controlled Substances Act (21 USC § 812) and as further defined by Regulation 21, Code of Federal Regulations 1300.11 through 1300.15 and Iowa Code Chapter 204; before, during, or after school hours; at school; or in any other workplace location as defined below.

“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 non-school property if the employee is at any school-sponsored; school-approved; or school-related activity, event, or function such as fieldtrips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

Employees who violate the terms of the substance-free workplace policy may be required to successfully participate in a substance abuse treatment program approved by the board. The superintendent retains the discretion to discipline an employee for violation of the substance-free workplace policy. If the employee fails to successfully participate in such a program, the employee is subject to discipline up to and including termination.

You are notified that if you are arrested or cited for a criminal substance offense you shall notify your supervisor before reporting to regular duties or within 48 hours of arrest or citation.

You are further notified that you are required to notify your supervisor of your conviction of any criminal drug statute for a violation occurring in the workplace no later than five days after such conviction.

I, ­­­­­­­­­­­­__________________________________, have read and understand the substance-free workplace policy. I understand that if I violate the substance-free workplace policy I may be subject to discipline up to and including termination [or I may be required to participate in a substance abuse treatment program]. If I fail to successfully participate in a substance abuse treatment program I understand that I may be subject to discipline up to and including termination. I understand that if I am required to participate in a substance abuse treatment program and I refuse to participate I may be subject to discipline up to and including termination. I also understand that if I am convicted of a criminal drug offense committed in the workplace I must report the conviction to my supervisor within five days of the conviction.

I have received and read the above notice.

                                                                                                                  
Employee's Signature                                                                       Date

This notice should be returned within 10 working days of the employee's initial date of employment.


Reviewed: 9/14; 3/17

403.5 - Tobacco-Free and Nicotine-Free Campus

 

 

 

School district premises, including school vehicles, shall be off limits for smoking and the use of other tobacco products including the use of nicotine products that are not FDA (Federal Drug Administration) approved for tobacco cessation as well as vaping with e-cigarettes or any electronic smoking device such as but not limited to cigarette, cigar, cigarillo, or pipe.

This requirement extends to all employees, students, patrons, and visitors. This policy applies at all times including school-sponsored and non-school-sponsored events. Persons failing to abide by this request shall be required to dispose of all tobacco products, nicotine products, and materials or leave the school district premises immediately. Any employee or student failing to abide with this policy will be subject to disciplinary action.


Adopted: 4/88
Reviewed: 1/11; 12/11; 3/17
Revised: 4/13; 9/14
Legal Reference (Code of Iowa): 142B; 279.9; 197 (1993)

403.5-R - Administrative Regulations Regarding a Tobacco-Free and Nicotine-Free Campus

 

 

 

The success of this policy will depend upon the thoughtfulness, consideration, and cooperation of smokers and non-smokers. All individuals on school premises share in the responsibility for adhering to and assisting in compliance of this policy.

Visitors: Community members who rent school facilities will be asked to sign a statement indicating their assumption of the responsibility of adhering to the tobacco-free and nicotine-free environment policy. It will be their responsibility to supervise their own activities to accomplish a tobacco-free and nicotine-free environment. Visitors attending school functions will be asked by staff members in authority to not use nicotine products and/or tobacco on school grounds and in school vehicles. Persons willfully refusing to comply will be considered trespassers and reported to police.

Students: Students will be treated in accordance with Policy 502.4 Search and Seizure.

Employees: Employees who willfully violate the policy will be considered as demonstrating insubordination. Their conduct will be treated through due process procedures.


Adopted: 4/88
Reviewed: 1/11; 12/11; 9/14; 3/17
Revised: 4/13

403.6 - Exit Comment

 

 

 

Every full-time or regular part-time Linn-Mar employee will be asked to complete an exit interview and/or complete an exit comment form when leaving the employment of the Linn-Mar Community School District.

The chief officer of human resources, or designee, shall have the responsibility of distributing, collecting, and tabulating data from the exit comment forms and shall process the information as appropriate.


Adopted: 6/77
Reviewed: 12/11; 9/14; 3/17
Revised: 1/11; 4/13

403.7 - Family and Medical Leave

 

 

 

The Family and Medical Leave Act of 1993 (FMLA) provides that unpaid family and medical leave will be granted up to 12 weeks per year to employees who meet certain conditions.

An eligible Linn-Mar Community School District employee shall be entitled to family and medical leave for one or more of the following:

  • Because of the birth of a son or daughter of the employee and in order to care for such son or daughter.
  • Because of the placement of a son or daughter with the employee for adoption or foster care.
  • In order to care for the spouse, son, daughter, or parent of the employee if the spouse, son, daughter, or parent has a serious health condition.
  • Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.
  • Because of any qualifying exigency (determined by regulation) arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.
     
  • Servicemember Family Leave: In addition, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember who is recovering from a serious illness or injury sustained in the line of duty on active duty shall be entitled to a total of 26 work weeks of leave during a 12-month rolling period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month rolling period during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave.

While on leave designated as FMLA, employees are not expected nor required to perform work duties for or on behalf of Linn-Mar Community School District. An employee is required to substitute applicable and available paid leave for unpaid family and medical leave if such leave is provided in the employee’s collective bargaining agreement, or terms and conditions of employment. Leave for an employee’s serious health condition including workers’ compensation leave (to the extent that it qualifies) will be designated as FMLA leave and will run concurrently with FMLA leave. The district will not provide paid leave in any situation in which the district would not normally provide any such paid leave. Employees eligible for family and medical leave must comply with the family and medical leave administrative rules and regulations prior to starting family and medical leave.

If an employee has been absent for one calendar week or more due to the employee's personal injury or illness the employee is required to present a fitness-for-duty certificate from their physician prior to reporting back to work.

For purposes of this policy, year is defined as a 12-month period measured forward from the date the employee’s first FMLA leave commenced.


Adopted: 3/91
Reviewed: 1/11; 12/11; 3/17
Revised: 4/13; 9/14
Legal Reference (Code of Iowa): PL 103-3; Act 102(a)(1), 107 Stat 6, 9 (1993);
§§ 20; 85.33-34, .38(3); 216; 279.40; PL 110-181; Section 565, 585

403.7-R1 - Administrative Regulations Regarding Employee Family and Medical Leave

 

 

 

I. School District Notice:

  1. The district will post the notice in exhibit 403.7-E9 regarding family and medical leave (FMLA).
  2. Information on FMLA and board policy on family medical leave, including leave provisions and employee obligations, will be available on the district website and through human resources.
  3. When an employee requests family and medical leave the district will provide them with information listing the employee's obligations and requirements. Such information will include:
    1. A statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be deducted from the employee's annual 12-week entitlement, or 26 weeks if military depending on the purpose of the leave.
    2. A reminder that employees requesting family and medical leave for their own serious health condition, for that of an immediate family member, or due to any qualifying exigency 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 cas eof military family and medical leave.
    3. An explanation of the employee's right to substitute paid leave for family and medical elave including a description of when the district requires substitution of paid leave and the conditions related to the substitution.
    4. A statement notifying employees that they must pay and must make arrangements for paying any premiums or other payments to maintain health benefits or other benefits.

II. Eligible Employees:
Employees are eligible for family and medical leave if two criteria are met:

  1. The employee must have one year of service which need not be continuous provided that a break in service does not exceed seven years. Separate stints of employment will be counted for breaks in service of seven years or longer if one of the following applies:
    1. Break in service due to National Guard or reserve military service obligation.
    2. Written agreement reflecting employer's intention to rehire the employee after the break in service.
  2. The employee has worked 1,250 hours for the district over the previous 12 months. Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.

If the employee requesting leave is unable to meet the above criteria, they are not eligible for family and medical leave and the district will provide information as to the reason why they are not eligible:

  1. The employee fails to meet the 12-month service requirement and the number of months the employee has been employed by the district.
  2. The employee fails to meet the 1,250-hour requirement and the number of hours of service worked for the district during the appropriate 12-month period.

III. Employee Requesting Leave:

Two types of leave:

  1. Foreseeable Family and Medical Leave:
    1. Definition: Leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.
    2. The employee must give at least 30-days-notice for foreseeable leave including planned medical treatment for a serious injury or illness of a covered military service member, unless not practicable. Failure to give notice may result in the district counting the absences during the delay as non-FMLA absences.
    3. The employee must consult with the district prior to scheduling planned medical treatment leave to minimize disruption to the district. Scheduling is subject to the approval of the health care provider.
    4. In any case which the necessity for a qualifying exigency leave is foreseeable, whether because the spouse, son, daughter, or parent of the employee is on ative duty in the military, or because of notification of an impending call or order to active duty in support of a contingency operation, the employee shall provide such notice to the district as is reasonable and practicable regardless of how far in advance leave is foreseeable.
  2. Unforeseeable Family and Medical Leave:
    1. Definition: Leave is unforeseeable in such situations as emergency medical treatment or premature birth.
    2. The employee must give notice as soon as possible, but no later than one-to-two work days after learning that leave will be necessary.
    3. A spouse or family member may give notice if the employee is unable to personally give notice.

IV: Eligible Fmaily and Medical Leave Determination:
The district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.

  1. Six Purposes:
    1. 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.
    2. 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.
    3. To care for the spouse, son, daughter, or parent of the employee if the spouse, son, daughter, or parent has a serious health condition.
    4. The employee's serious health condition makes the employee unable to perform the essential functions of their position.
    5. Because of any qualifying exignecy arising out of the fact that the spouse, son, daughter, or parent of the employee is on active military duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contignency operation.
    6. 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. Medical Certification:
    When required:
    • Employees shall be required to present medical certification of their serious health condition and inability to perform the essential functions of their job.
    • Employees shall be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.
    • Employees shall be required to present certification issued by the health care provider of the military service member being cared for by the employee in the case of an employee unable to return to work because of a condition specified as military service member family leave.
    • Employees shall be required to present certification of next of kin of an individual in the case of leave taken under military service member family leave.
    1. Employee's Medical Certification Responsibilities:
      • The employee must obtain certification from the health care provider who is treating the individual with the serious health condition.
      • 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 district has reason to doubt the validity of the certification an employee submits. The second health care provider cannot, however, be employed by the district on a regular basis.
      • If the second health care provider disagrees with the first health care provider, 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 district. The certification, or lack of certification, is binding upon both the employee and the school district.
      • 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.
    2. Medical certification must be submitted within 15 days after family and medical leave begins unless it is impracticable to do so. The school district may request recertification every 30 days as follows:
      • Upon expiration of period of incapacity specified on certification.
      • If an extension to the leave is requested.
      • If there is significant change in certification (complications, duration/frequency of absences, nature/severity of illness).
      • If the district received information casting doubt upon continuing validity of certification.
    3. 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 may be denied until such certification is provided.
    4. The district may require a request for a qualifying exigency be supported by a military active duty or call to active duty certification issued at such time and in such manner as the regulation prescribes. If a military regulation requiring such certification is issued the employee shall provide, in a timely manner, a copy of the certification to the district.

V. Spouses Employed by the Same Employer:
In any case in which a husband and wife entitled to leave are both employed by the district, the aggregate number of work weeks of leave to which both may be entitled may be limited to 12 work weeks during any rolling 12-month period if such leave is taken for:

  • Birth of a son or daughter of the employees or in order to care for such son or daughter.
  • Because of the placement of a son or daughter with the employees for adoption or foster care, or to care for the child after placement.
  • To care for the employee's parent with a serious health condition or military service member family leave.

The aggregate number of work weeks of leave to which both the husband and wife may be entitled may be limited to 26 work weeks during the single 12-month rolling period if it is military service member family leave or a combination of military service member leave and other leave as described in items 1-3 above. If the leave taken by the husband and wife includes other leave defined in items 1-3 above the limitation of 12 work weeks in a 12-month rolling period applies to that leave.

VI. Entitlement:

  1. Employees are entitled to 12 weeks unpaid family and medical leave per year. Employees who are the spouse, son, daughter, parent, or next of kin of a covered military service member who is recovering from a serious illness or injury sustained in the line of duty on active duty shall be entitled to a combined total of 26 work weeks of leave per year to care for the service member and for other types of FMLA leave.
  2. Year is defined as rolling; measured forward from the first day leave is used.
  3. If insufficient leave is available the school district may:
    • Deny the leave if entitlement is exhausted.
    • Award leave available.
    • Award leave in accordance with other provisions of board policy or the collective bargaining agreement.

VII. 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.
    1. Intermittent leave is available for:
      • Birth, adoption, or foster care placement of child only with the district's agreement.
      • Serious health condition of the employee, spouse, parent, or child when medically necessary without the school district’s agreement.
      • Any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on active military duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.
      • An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered military service member to care for the military service member who is recovering from a serious illness or injury sustained in the line of duty on active duty.
    2. In the case of foreseeable intermittent leave the employee must schedule the leave to minimize disruption to the school district operation.
    3. During the period foreseeable intermittent leave the district may move the employee to an alternative position with equivalent pay and benefits. (For instructional employees, see VIII below.)
    4. The district may require fit for duty certification every 30 days if the employee has used intermittent leave and reasonable safety concerns exist regarding the employee’s ability to perform his or her duties.
  3. Reduced Work Schedule: Employee requests a reduction in their regular work schedule.
    1. Reduced work schedule family and medical leave is available for:
      • Birth, adoption, or foster care placement and subject to the district’s agreement.
      • Serious health condition of the employee, spouse, parent, or child when medically necessary.
      • Any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on active military duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.
      • An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered military service member to care for the service member who is recovering from a serious illness or injury sustained in the line of duty on active duty.
    2. In the case of foreseeable reduced work schedule leave based on planned medical treatment for the employee, the employee must schedule the leave to minimize disruption to the school district operation. The district may move the employee to an alternative position with equivalent pay and benefits. (For instructional employees, see VIII below.)
    3. During the period of foreseeable reduced work schedule leave based on planned medical treatment for the family member, the district may move the employee to an alternative position with equivalent pay and benefits. (For instructional employees, see VIII below.)

VIII. Special Rules for Instructional Employees:

  1. Definition: An instructional employee is one whose principal function is to teach and instruct students in a class, small group, or individual setting. This includes, but is not limited to, school administrators, 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 20% of the work days in the leave period may be required to:
    • Take leave for the entire period, or periods, of the planned medical treatement.
    • 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.
    • If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the 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.
    • 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 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.
    • 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 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 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.

IX. 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 the 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 district at a time set by the superintendent or designee.
  3. An employee who fails to make the health care contribution payments within 30 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 recertify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every 30 days or sixth month in the condition of an absence and return the certification within 15 days of the request.
  5. The employee must notify the school district of their intent to return to work at least once each month during their leave and at least two days prior to the conclusion of the family and medical leave.
  6. If the employee has been absent for more than one calendar week or more, the employee is required to present a fitness-for-duty certificate from their physician stating their ability to perform the essential job functions prior to reporting back to work. If an employee fails to provide a certificate they will lose their right to reinstatement under the law unless they have requested additional FMLA leave.
  7. If an employee intends not to return to work the employee must immediately notify the district in writing of their intent not to return. The district will cease benefits upon receipt of the notification.

X. Use of Paid Leave for Family and Medical Leave:
An employee is required to substitute unpaid family and medical leave with any applicable paid leave available to them under board policy, individual contracts, or the collective bargaining agreement. Paid leave includes but is not limited to sick leave, family illness leave, vacation, personal leave, bereavement leave, and professional leave. When the district determines that paid leave is being taken for an FMLA reason, the district will notify the employee that the paid leave will be counted as FMLA leave.


Adopted: 1/07
Reviewed: 2/10; 3/11; 12/11; 4/13
Revised: 2/09; 9/14; 3/17

403.7-R2 - Administrative Regulations Regarding Licensed Employee Family and Medical Leave Definitions

 

 

 

Active Duty: The term active duty means duty under a call or order to active duty in support of a contingency operation pursuant to specific enumerated provisions of Section 688 of Title 10 of the United States code. Such active duty or call/order to active duty is only made to members of the National Guard, reserve components, or a retired member of the regular Armed Forces or reserve. Therefore, an employee may not take exigency leave if the servicemember is a member of the regular Armed Forces.

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 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: The term contingency operation has the same meaning given such term in section 101(a)(13) of Title 10, United States 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 full consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
    • In-person treatment by a health care provider at least once within seven days of the first day of incapacity.
    • A regimen of continuing treatment under the supervision of a health care provider.
    • A second in-person visit to the health care provider for treatment (the necessity of which is determined by the health care provider) within 30 days of the first day of incapacity.
    • Any period of incapacity due to pregnancy or for prenatal care. (Father may take FMLA leave for pregnant spouse’s prenatal care and appointments including providing transportation and to provide care after birth if spouse has serious health condition.)
  • 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, nurse, or physician’s assistant at least twice a year under direct supervision of a health care provider.
    • Continues over an extended period of time (including recurring episodes of a single underlying condition).
    • 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, 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, for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention, or treatment such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), and kidney disease (dialysis).

Covered Servicemember: The term covered servicemember means a current member of the Armed Forces, including the National Guard and reserves and those on the temporary disability retired list (TDRL) but not including former members or member on the permanent disability retired list who are undergoing medical treatment, recuperation, therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness. Generally, a former member of the military whose injury or illness manifests itself after the member’s discharge from military service (except for those on the TDRL) is not a covered servicemember.

Eligible Employee: The district has more than 50 employees on the payroll at the time leave is requested. The employee has worked for the school district for one year of service which need not be continuous provided that a break-in-service does not exceed seven years.  Separate stints of employment will be counted for breaks-in-service of seven years or longer if one of the following applies:

  1. Break-in-service due to National Guard or reserve military service obligation.
  2. Written agreement reflecting an employer’s intention to rehire the employee after the break-in-service.
  3. The employee has worked 1,250 hours for the district over the previous 12 months.

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 including parent of a covered servicemember, son or daughter of a covered servicemember, next of kin of a covered servicemember, and son or daughter on active duty or call to active duty status.

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 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.
  • 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.
  • Physician assistants, 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.
  • 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: The individual requires active assistance or supervision to provide daily self-care in several of the activities of daily living (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, 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 non-instructional 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.

Need 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 their own basic medical, hygienic, or nutritional needs or safety or is unable to transport themselves 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. The employee does not need to be the only individual or family member available to provide the care nor is the employee required to provide actual care (e.g., someone else is providing inpatient or home care) as long as the employee is providing at least psychological comfort and reassurance.

Next of Kin: The term next of kin, used with respect to an individual, means the nearest blood relative of that individual.

Outpatient Status: The term outpatient status, with respect to a covered servicemember, means the status of a member of the Armed Forces assigned to:

  1. A military medical treatment facility as an outpatient.
  2. 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.

Qualifying Exigency: A non-medical activity that is directly related to the covered military member’s active duty or call to active duty status. For an activity to qualify as an exigency it must fall within one of seven categories of activities or be mutually agreed to be the employer and employee. The seven categories of qualifying exigencies are short-notice deployment (leave permitted up to seven days if the military member received seven or less days’ notice of a call to active duty), military events and related activities, certain temporary childcare arrangements and school activities (but not ongoing childcare), financial and legal arrangements, counseling by a non-medical counselor (such as a member of the clergy), rest and recuperation (leave permitted up to five days when the military member is on temporary rest and recuperation leave), and post-deployment military activities.

Reduced Leave Schedule: A leave schedule that reduces the usual number of hours per work week 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 that either prevents the employee from performing the functions of their job or prevents the qualified family member from participating in school or other daily activities.
  • 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 full consecutive calendar days including any subsequent treatment or period of incapacity relating to the same condition that also involves:
      • In-person treatment by a health care provider at least once within seven days of the first day of incapacity.
      • Initiated by the health care provider during the first treatment.
      • A second in-person visit to the health care provider for treatment (the necessity of which is determined by the health care provider) within 30 days of the first day of incapacity.
    • Any period of incapacity due to pregnancy or for prenatal care. (Father may take FMLA leave for pregnant spouse’s prenatal care and appointments including providing transportation and to provide care after birth if spouse has serious health condition).
    • 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, nurse, or physician’s assistant at least twice a year under direct supervision of a health care provider.
      • Continues over an extended period of time (including recurring episodes of a single underlying condition).
      • 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), and 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, flu, earaches, upset stomach, ulcers, headaches other than migraines, 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 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: The term serious injury or illness, in the case of a member of the Armed Forces including a member of the National Guard or reserves, means an injury or illness incurred by the member in 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 physical disability.

Spouse: A husband or wife recognized by Iowa law including common law marriages.


Adopted: 1/07
Reviewed: 2/10; 3/11; 12/11; 4/13; 3/17
Revised: 2/09; 9/14

403.7-E1 - FMLA Leave Request and Employee Obligation Requirement Form

 

 

 

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

  For the birth of my child. (Employees will be required to use the following leaves if available and applicable:  personal illness, family illness, personal days, and paid vacation).
  For the placement of a child for adoption or foster care. (Employees will be required to use the following leaves if available and applicable: personal days and paid vacation).
  To care for my child who has a serious health condition. (Employees will be required to use the following leaves if available and applicable: family illness, personal days, and paid vacation).
  To care for my spouse who has a serious health condition. (Employees will be required to use the following leaves if available and applicable: family illness, personal days, and paid vacation).
  To care for my parent who has a serious health condition. (Employees will be required to use the following leaves if available and applicable: family illness, personal days, and paid vacation).
  Because I am seriously ill and unable to perform the essential functions of my position. (Employees will be required to use the following leaves if available and applicable: personal illness, personal days, and paid vacation).
  Because of any qualifying exigency arising out of the fact that my spouse, son, daughter, or parent is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation. (Employees will be required to use the following leaves if available and applicable: personal days and paid vacation).
  Because I am the __spouse; ___son or daughter; ___parent; ___next of kin of a covered service member with a serious injury or illness. (Employees will be required to use the following leaves if available and applicable: family illness, personal days, and paid vacation).

I understand that when the required paid leave has been used the remainder of the 12 weeks under the Family Medical Leave Act shall be unpaid.

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

I request that my family and medical leave begin on __________________________ and I request leave as follows:
Check one

_____ Continuous: I anticipate that I will be able to return to work on ________________________________.
_____ Intermittent leave for the:

  • _____ Birth of my child or adoption or foster care placement subject ot agreement by the district.
  • _____ Serious health condition of myself, child, spouse, or parent when medically necessary.
  • _____ Because of any qualifying exigency arising out of the fact that my spouse, son, daughter, or parent is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contigency operation. (Employees will be required to use the following leaves if available and applicable: personal days and paid vacation.)
  • _____ For the care of my ____ spouse; ____ son or daughter; ____ parent; ____ next of kin of a covered service member with a serious injury or illness. (Employees will be required to use the following leaves if available and applicable: family illness, personal days, and paid vacation.)
  • Details of the needed intermitent leave: __________________________________________________________________________
  • I anticipate returning to work at my regular schedule on _____________________________________________________________.

_____ Reduced work schedule for the:

  • _____ Birth of my child or adoption or foster care placement subject ot agreement by the district.
  • _____ Serious health condition of myself, child, spouse, or parent when medically necessary.
  • _____ Because of any qualifying exigency arising out of the fact that my spouse, son, daughter, or parent is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contigency operation. (Employees will be required to use the following leaves if available and applicable: personal days and paid vacation.)
  • _____ For the care of my ____ spouse; ____ son or daughter; ____ parent; ____ next of kin of a covered service member with a serious injury or illness. (Employees will be required to use the following leaves if available and applicable: family illness, personal days, and paid vacation.)
  • Details of needed reduction in work schedule as follows: _____________________________________________________________________
  • I anticipate returning to work at my regular schedule on ______________________________________________________________________.

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

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

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

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

I acknowledge that if this request for leave qualifies as family and medical leave it will be deducted from my annual 12-week entitlement.

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

Employee's Printed Name: ____________________________________________________

Employee's Signature: ________________________________________________________ Date: ___________________________

Return form to:
Linn-Mar Community School District
Human Resources Office
2999 N 10th Street, Marion, IA 52302
Fax: 319-377-9252


Reviewed: 3/17
Revised: 9/14

403.7-E2 - Notice of Eligibility and Rights and Responsibilities (FMLA)

 

 

 


Reviewed: 11/16; 3/17

403.7-E3 - Designation Notice (FMLA)

 

 

 


Reviewed: 9/14; 11/16; 3/17

403.7-E4 - Certification of Health Care Provider for Employee's Serious Health Condition (FMLA)

 

 

 


Reviewed: 9/14; 3/17

403.7-E5 - Certification of Health Care Provider for Family Member's Serious Health Condition (FMLA)

 

 

 


Reviewed: 9/14; 3/17

403.7-E6 - Certification of Qualifying Exigency for Military Family Leave (FMLA)

 

 

 


Reviewed: 9/14; 3/17

403.7-E7 - Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave (FMLA)

 

 

 


Reviewed: 9/14; 3/17

403.7-E8 - Medical Documentation of Absence

 

 

 

It is the practice of the Linn-Mar Community School District to require a fitness-for-duty certificate from their physician if an employee has been absent for one calendar week or more due to the employee's personal injury or illness, prior to reporting back to work.

Please see the attached job description to determine return to full duties or restrictions as necessary.

_________________________________ may return to full duties without restrictions on ___________________________________.
Employee Name                                                                                                                      Date

OR

Due to illness/injury on ____________________ (date), this employee is not capable of performing the essential functions of their job.

Please indicate any restrictions below and the duration of the restrictions:
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________

Comments: ___________________________________________________________________________________________________
_____________________________________________________________________________________________________________

Anticipated date employee can return to full, unrestricted duty: _________________________________________________________

Physician's Printed Name: __________________________________________________________ Date: _______________________

Physician's Signature: __________________________________________________________________________________________

Business Address: _____________________________________________________________________________________________

Business Phone: _______________________________________________________________________________________________

Return form to:
Linn-Mar Community School District
Human Resources Office
2999 N 10th Street, Marion, IA 52302
Fax: 319-377-9252


Revised: 9/14; 3/17

403.7-E9 - Notice to Employees of Rights Under FMLA

 

 

 


Reviewed: 9/14; 3/17

403.8 - Professional Organizations

 

 

 

Individual members of the staff are encouraged to participate in organizations that promote specific disciplines in their related field.


Adopted: 6/70
Reviewed: 12/11; 4/13; 9/14; 3/17
Revised: 5/01

403.9 - Participation in Community Activities

 

 

 

The board believes that participation by district personnel in community activities is worthwhile and desirable.

It shall be the policy of the board to support voluntary participation of personnel who wish to affiliate with organizations or to participate in community activities deemed acceptable to the individual staff member. Freedom of choice shall be the prerogative of the staff member, but it is assumed that participation in any activity will be in keeping with the overall goals and objectives of the district’s education program.


Adopted: 6/70
Reviewed: 1/11; 12/11; 4/13; 9/14; 3/17
Revised: 1/06

403.10 - Religious Observance

 

 

 

Any personnel whose religious affiliation requires the observance of holidays other than those scheduled in the school calendar may be excused by the superintendent, or designee, without loss of salary.


Adopted: 6/70
Reviewed; 1/11; 12/11; 4/13; 9/14/ 3/17
Revised: 2/10

403.11 - Hazardous Chemical Disclosure

 

 

 

The board authorizes the development of a comprehensive hazardous chemical communication program for the district to disseminate information about hazardous chemicals in the workplace. It shall be the responsibility of the superintendent, or designee, to develop administrative regulations regarding this program. 

In order to maintain a safe and healthy work environment, the Linn-Mar Community School District maintains a hazardous chemical communication program that complies with all state and federal regulations. By making employee safety a high priority for every employee injuries and illness can be reduced, productivity can be increased, and a safer and healthier environment can be promoted for all individuals in the Linn-Mar Community School District.

All containers of hazardous materials used by employees and contractors must be labeled, tagged, or marked with appropriate hazard warnings and appropriate trainings must be provided to all employees and contractors working on the premises. All manufacturers, importers, suppliers, and/or distributors of hazardous materials shall supply the district with material safety data sheets (MSDS) as a part of the purchase process. District personnel who purchase hazardous chemicals will ensure that copies of the MSDS for the chemicals are provided for their building and a copy will be sent to the Operations and Maintenance MSDS coordinator who will maintain a central file. Each building will have at least two MSDS binders, one to be maintained in a custodial area and another to be located in the building office. Other buildings where hazardous chemicals are in use will maintain a MSDS binder in a central office area.

Contractors working onsite are required to provide the MSDS for all hazardous materials brought onsite and must remove all unused materials and empty containers from the district’s premises.

Any district personnel ordering/purchasing a hazardous chemical should verify that all containers received for use identify:

  • Types and identification of hazardous waste
  • Characteristics of hazardous waste
  • Determination of hazardous waste
  • Hazardous waste accumulation and disposal information
  • Hazardous waste and emergency response information

A review, training session will be given annually. Additional training and instruction will be provided whenever chemicals change, processes change, or newly acquired information indicates the need for education or protective measures.

Supervisors shall ensure that personnel under their supervision receive initial and annual training as required by this plan. Trainings may consist of online programs, classroom-style presentations, or a combination of both. Training records shall be maintained by the human resources department. 

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


Adopted: 8/89
Reviewed: 12/11; 4/13; 3/17
Revised: 3/11; 9/14
Legal Reference (Code of Iowa): Chs 88, 89B, 29 CFR 1910;
1200 et seg; 547 IAC 110; 530 IAC 130; 37 IAC 120

403.12 - Communicable Diseases which are Reportable

 

 

 

District personnel with a communicable disease that is reportable will be allowed to perform their customary employment duties as long as they are able to perform the tasks assigned to them, and as long as their presence does not create a substantial risk of illness transmission to the students or other personnel. The term reportable disease shall mean an infectious or contagious disease spread from person-to-person or animal-to-person, or as defined by the State Department of Health.

The health risk to immuno-depressed, district personnel shall be determined by their personal physician. The health risk to others in the school environment from the presence of employees with a reportable disease shall be determined on a case-by-case basis by public health officials.

Since there may be greater risk of transmission of a reportable disease for some people with certain conditions than for other people infected with the same disease the effect upon the education program, the effect upon the person, and other factors deemed relevant by public health officials or the superintendent shall be considered in assessing an employee’s continued presence and performance of their customary employment duties. The superintendent, or designee, may require medical evidence that district personnel with reportable diseases are able to perform their assigned duties.

District personnel shall notify the superintendent, designee, or school nurse when they learn they have a reportable disease. It shall be the responsibility of the superintendent, or designee, when they have knowledge that a reportable disease is present to notify the State Department of Health. Rumor and hearsay shall be insufficient evidence for the superintendent to act.

Health data of an employee is confidential and it shall not be disseminated. Employee medical records are kept in a file separate from their personnel file.

It shall be the responsibility of the superintendent, or designee, in conjunction with the school nurse to develop administrative regulations stating the procedures for dealing with district personnel with reportable diseases.


Adopted: 6/89
Reviewed: 1/11; 12/11; 4/13; 3/17
Revised: 9/14
Related Policy (Code #): 504.2-R
Legal Reference (Code of Iowa): School Board of Nassau Co vs Arlin,
480 US 273; 29 USC 794 1910; §§ 12101 et Seq; 45 CFR Pt 84.3;
Chs 139A; 141A; 541 IAC 1.2-7
                                      

403.13 - Harassment/Workplace Bullying

 

 

 

A. Policy: All members of the Linn-Mar Community School District including but not limited to the board, administration, staff, and students are expected to conduct themselves at all times so as to provide an atmosphere free from acts of intolerance, bullying, or harassment toward employees or students because of age, race, creed, gender, marital status, national origin, religion, sexual orientation, disability, ethnicity, gender identity, genetic information, physical appearance, socio-economic status, or any other basis protected by federal, state, or local laws. Such acts may be treated as just cause for purposes of discipline or discharge.

B. Definitions: Physical, verbal, non-verbal, and/or written or electronic acts of intolerance, bullying, or harassment or unwelcome actions or language that are of a prejudicial or discriminatory nature or with demeaning intent related to age, race, creed, gender, marital status, national origin, religion, sexual orientation, disability, ethnicity, gender identity, genetic information, physical appearance, or socio-economic status that places an employee in reasonable fear of harm to themselves or their property, have a detrimental effect on the employee’s physical or mental health, have the effect of substantially interfering with the employee’s work performance, or creation of an intimidating, offensive, or hostile environment. The use of racial, ethnic, or sexual/sexist slurs or slurs related to a disability or any of the other areas protected by this policy are clearly demeaning.

C. Examples of Harassment/Workplace bullying include but are not limited to:

Verbal:

  • Jokes that demean others
  • Name calling/inappropriate nicknames
  • Negative comments
  • Slander toward a person or their family
  • Shouting/raising voice at an individual with the exception of an emergency
  • Obscene verbal comments
  • Personal insults

Non-Verbal:

  • Threatening gestures
  • Glances which can convey threatening messages
  • Written material (including email) that is harmful, malicious, threatening, and/or slanderous
  • Refusal to communicate or speak to individuals

Physical:

  • Pushing, shoving, kicking, poking, or tripping
  • Assault or threat of physical assault

Exclusion:

  • Socially or physically excluding or disregarding a person in work-related activities
  • Persistent singling out of one person

Other:

  • Sabotaging another’s work (ex: taking credit for another's work, blaming others for mistakes they did not make, etc.)
  • Not allowing a person to speak or express him/herself (ex: ignoring or excessively interrupting)
  • Public humiliation
  • Deliberately interfering with mail and other communications
  • Spreading rumors and gossip regarding individuals
  • Manipulating the ability of someone to do their work (ex: withholding information, etc.)
  • Taking credit for another person’s ideas
  • Publicly disclosing another’s private information

D. Notification: Members of the school community shall be given notice of this policy annually.

E. Complaint Procedures: Persons who feel they are victims of acts of intolerance, bullying, or harassment or persons who feel they are aware of acts of intolerance, bullying, or harassment should take action by reporting said acts to or filing a complaint with the chief officer of human resources or the equity coordinator who will determine if an investigation is warranted. The investigator may request they complete a written Harassment/Workplace Bullying Complaint Form and submit other evidence of the harassment/bullying including but not limited to letters, electronic documents, or pictures. If substantiated, the district will conduct a timely investigation in as confidential a manner as possible and allowed by law. Interviews, allegations, statements, and identifies will be kept confidential to the extent possible and allowed by law. However, the district will not allow the goal of confidentiality to be a deterrent to an effective investigation and all employees who are involved in an investigation are expected to provide honest and complete cooperation. Appropriate corrective action up to and including termination will be taken promptly against any employee engaging in acts of intolerance, bullying, or harassment and/or employees who are found to be dishonest or uncooperative during an investigation. The corrective action issued will be proportional to the severity of the conduct.

The district prohibits retaliation of any kind against employees who in good faith report bona fide acts of intolerance, bullying or harassment, assist with or conduct an investigation regarding such complaints, or appear as witnesses. If an employee feels they have been subjected to any form of retaliation the employee should report that conduct to their immediate supervisor, the chief officer of human resources, or the equity coordinator within three calendar days of the offense. Employees are not required to approach the person who is retaliating against them and they may bypass any offending member of management. Retaliation or attempted retaliation is a violation of this policy and anyone who does so will be subject to severe discipline up to and including termination.

Inquiries and grievances should be filed with the Linn-Mar equity coordinators who have been designated by the district to coordinate the district’s efforts to comply with the regulations implementing Title VI, Title VII, Title IX, the ADA, §504, and §280.3 (2007). 

Linn-Mar Community School District Equity Coordinators:

Mr. Shannon Bisgard, Associate Superintendent
Phone: 319-447-3028 / Email

Mrs. Karla Christian, Chief Officer of Human Resources
Phone: 319-447-3036 / Email

Address: 2999 N 10th Street, Marion, IA 52302
Fax: 319-377-9252
Office Hours: 7:30 AM to 4:00 PM

Written inquiries may also be directed to:

  • Iowa Civil Rights Commission: 400 E 14th Street, Des Moines, IA 50319
  • Director of the Region VII Office of the United States Equal Employment Opportunity Commission: 601 E 12th Street, Room 353, Kansas City, MO 64106
  • US Department of Education: Office of Civil Rights, Lyndon Baines Johnson Department of Education Building, 400 Maryland Avenue SW, Washington, DC 20202

See: Complaint Form 104.1-E1 and Witness Disclosure Form 104.1-E2


Adopted 8/19
Reviewed: 12/11; 4/13; 2/14; 3/17
Revised: 3/11; 9/14
Related Policy (Code #): 104.1; 104.1-R; 104.1-E1-E3; 403.14; 502.14
Legal Reference (Code of Iowa): 280.3; 20 USC 1221-1234i; 29 USC 794;
42 USC 2000d-2000d7; 42 USC 12101; 216.9; 280.28; 280.3;
281 IAC 12.3(6); Morse v Frederick; 127 S Ct 2618

403.14 - Sexual Harassment

 

 

 

A. Policy: All members of the Linn-Mar Community School District including but not limited to the board, administration, staff, and students are expected to conduct themselves at all times so as to provide an atmosphere free from sexual harassment. Any person who is proven to engage in sexual harassment while acting as a member of the school community will be in violation of this policy and will be subject to discipline or discharge.

B. Definition of Sexual Harassment: Unwelcome sexual advances; requests for sexual favors; or verbal, non-verbal, or physical conduct of a sexual nature may constitute sexual harassment where:

  1. Submission to such conduct is made either explicitly or implicitly as a term or condition of a person’s employment or education development.
  2. Submission to or rejection of such conduct by an individual is used as the basis for employment or educational decision affecting such individual.
  3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or education performance or creating an intimidating, hostile, or offensive working or educational environment.

C. Notification: Members of the school community will receive notice of this policy annually.

D. Complaint Procedures: Persons who feel they are victims of sexual harassment or persons who feel they are aware of acts of sexual harassment should take action by reporting said acts to or filing a complaint with the chief officer of human resources/equity coordinator who will determine if an investigation is warranted. The investigator may request they complete a written sexual harassment complaint form and submit other evidence of the sexual harassment including but not limited to letters, electronic documents, or pictures. If substantiated, the district will conduct a timely investigation in as confidential a manner as possible and allowed by law. Interviews, allegations, statements, and identities will be kept confidential to the extent possible and allowable by law. However, the district will not allow the goal of confidentiality to be a deterrent to an effective investigation and all employees who are involved in an investigation are expected to provide honest and complete cooperation. Appropriate corrective action up to and including termination will be taken promptly against any employee engaging in acts of sexual harassment and/or employees who are found to be dishonest or uncooperative during an investigation. The corrective action issued will be proportional to the severity of the conduct.

The district prohibits retaliation of any kind against personnel who, in good faith, report bona fide acts of sexual harassment, assist with or conduct an investigation regarding such complaints, or appear as witnesses. If an employee feels they have been subjected to any form of retaliation they should report the conduct to their immediate supervisor or the chief officer of human resources/equity coordinator within three calendar days of the offense. Employees are not required to approach the person who is retaliating against them and they may bypass any offending member of management. Retaliation or attempted retaliation is a violation of this policy and anyone who does so will be subject to severe discipline up to and including termination.

Inquiries and grievances should be filed with the district equity who have been designated by the district to coordinate the district’s efforts to comply with the regulations implementing Title VI, Title VII, Title IX, the ADA, §504, §280.03 (2007). 

Linn-Mar Community School District Equity Coordinators:

Mr. Shannon Bisgard, Associate Superintendent
Phone: 319-447-3028 / Email

Mrs. Karla Christian, Chief Officer of Human Resources
Phone: 319-447-3036 / Email

Address: 2999 N 10th Street, Marion, IA 52302
Fax: 319-377-9252
Office Hours: 7:30 AM to 4:00 PM

Written inquiries may also be directed to:

  • Iowa Civil Rights Commission: 400 E 14th Street, Des Moines, IA 50319
  • Director of the Region VII Office of the United State Equal Employment Opportunity Commission: 601 E 12th Street, Room 353, Kansas City, MO 64016
  • US Department of Education: Office of Civil Rights, Lyndon Baines Johnson Department of Education Building, 400 Maryland Avenue SW, Washington, DC 20202

See: Complaint Form 104-E1 and Witness Disclosure Form 104-E2


Adopted: 6/85
Reviewed: 1/11; 12/11; 4/13; 2/14; 9/14; 3/17
Revised: 2/10
Related Policy (Code #): 104.1; 104.1-R; 104.1-E1-E3;, 403.13; 502.14
Legal Reference (Code of Iowa): Section 703 of Title VII of
the Civil Rights of 1964 as amended; 280.3 (2007)

403.15 - Procedures for Charging and Investigating Allegations of Abuse of Students by School Employees

 

 

 

Linn-Mar school employees will not commit acts of physical or sexual abuse including inappropriate and intentional sexual behavior toward students. The definition of school employees for the purpose of this policy includes not only those who work for pay, but also those who are volunteers under the direction and control of the school district. Disciplinary actions up to and including discharge will be taken against any school employee who commits such acts.

Prompt investigative action will be taken in response to allegations of abuse of students by school employees. Any complaint or allegation will be handled with as much confidentiality as possible. When requested, all employees will assist in the investigation, provide information, and keep confidentiality of the report and investigation.

The Linn-Mar Community School District shall appoint a Level I investigator and alternate and shall arrange for or contract with a trained, experienced professional to serve as the Level II investigator. The Level I investigator and alternate shall be provided training in conducting an investigation at the expense of the Linn-Mar Community School District.

This policy shall be carried out in accordance with state law.

Linn-Mar Community School District Level I Investigators:

  • Associate Superintendent Shannon Bisgard: 319-447-3028
  • Chief Officer of Human Resources Karla Christian: 319-447-3036
  • Executive Director of Student Services Leisa Breitfelder: 319-447-3003

Linn-Mar Community School District
2999 North Tenth Street
Marion IA  52302


Adopted: 5/90
Reviewed: 3/11; 12/11; 4/13
Revised: 9/14; 3/17
Related Policy (Code#): 403.15-E
Legal Reference (Code of Iowa): §§ 232.67, .70, .73, .75;
235A; 280.17; 709; 728.12(l); 281 IAC; 12.3(6); 102;
103; 441 IAC; 155; 175; 1980 Op Atty Gen 275; 272A

403.15-E - Student Abuse Report Form

 

 

 

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

Please Print

Student's Name and Address: ______________________________________________________________________________

Student's Telephone Number: ______________________________________________________________________________

Student's School: ________________________________________________________________________________________

Name and place of employment of employee accused of abusing student: ___________________________________________

Allegation is of:   _____ Physical Abuse   _____ Sexual Abuse**

Please describe what happed. Include date, time, and where incident took place if known. If physical abuse is alleged, also state the nature of the student's injuries. __________________________________________________________________________________________
___________________________________________________________________________________________________________

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 be name (if known) or classification. 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 the investigation. Please indicate "Yes" if the parent/gaurdian wishes to exercise this right:

_____ Yes     _____ No     Telephone Number: ____________________________________________________________________


Reviewed: 9/14; 3/17
Related Policy (Code#): 403.15

403.16 - Employee Records

 

 

 

The school district shall maintain personnel records on employees. The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.

The employee personnel records shall include but not be limited to records necessary for the daily administration of the district, salary records, evaluations, applications for employment, references, and other items needed to carry out board policy. Employee personnel files are school district records and are considered confidential and, therefore, are not generally open to public inspection or accessibility. Only in certain limited instances when the employee has given a signed consent will employee personnel records be accessible to individuals other than the employee or authorized school officials. Board members will only have access to an employee’s personnel file when it is necessary because of an employee-related matter before the board. Personnel files are to be reviewed in the human resources office and may not be taken outside of the human resources office.

Employees may have access to their personnel file and copy items from their personnel file. All requests for access to personnel files must be provided in writing to the human resources office. Upon receipt of a written request human resources will schedule an appointment during normal office hours at a time mutually agreed upon between the human resources office and the employee. The district may charge a reasonable fee for each copy made, except the total amount charged for all copies cannot exceed $5.00.  Personnel files will not include any reference checks, medical records, or investigation files. Employees are unable to remove any documents from the personnel file, but may provide a written response to any document in the personnel file. Written responses will be attached to the original document in the personnel file.

It shall be the responsibility of the superintendent, or designee, to keep employee personnel records current. The human resources office shall be the custodian of employee personnel records.

It shall be the responsibility of the superintendent to develop administrative regulations for implementation of this policy.


Adopted: 5/97
Reviewed: 1/11; 12/11; 4/13; 9/14; 3/17
Revised: 2/10
Related Policy (Code #): 403.16-R
Legal Reference (Code of Iowa): §§ 20-22; 91B

403.16-R - Administrative Regulations Regarding Employee Records

 

 

 

Employee Personnel Records Content:

1. Employee personnel records may contain the following information:

  • Personal information including but not limited to name, address, telephone number, emergency numbers, birth date, and spouse
  • Individual employment contract
  • Evaluations
  • Application, resume, and references
  • Salary information
  • Copy of the employee’s license or certificate if needed for the position
  • Educational transcripts
  • Assignment
  • Records of disciplinary matters

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

  • Medical professional, signed physical form
  • Sick or long-term disability leave days
  • Worker’s compensation claims
  • Reasonable accommodations made by district to accommodate the employee’s disability
  • Employee’s medical history
  • Employee’s emergency contact names and numbers
  • Family and medical leave request forms

Applicant File Records Content: Records on applicants for positions with the district shall be maintained in the central administration office. The records shall include but not be limited to:

  • Application for employment
  • Resume
  • References
  • Evidence of appropriate license or certificate if needed for the position
  • Affirmative action form if submitted
Record Access: Only authorized school officials shall have access to an employee’s records without the written consent of the employee. Authorized school officials may include but not be limited to the superintendent, building principal, or board secretary. In the case of a medical emergency the school nurse or other first aid or safety personnel may have access to the employee’s health or medical file without the consent of the employee. Board members will generally only have access to an employee’s personnel file without the consent of the employee when necessary for conducting board business.
 
Employee Record Retention: All employee records, except payroll and salary records, shall be maintained for a minimum of seven years after termination of employment with the district. Applicant records shall be maintained for a minimum of seven years after the position was filled. Payroll and salary records shall be maintained for a minimum of three years after payment.

Adopted: 5/01
Reviewed: 1/11; 12/11; 4/13; 9/14; 3/17
Related Policy (Code #): 403.16

403.17 - Employee Conflict of Interest

 

 

 

Employees are expected to use good judgment, adhere to high ethical standards, and avoid situations that create an actual or perceived conflict between their personal interests and those of the district. Employee’s use of their position with the Linn-Mar Community School District for financial gain shall be considered a conflict of interest with their position as employees and may be subject to disciplinary action.

Employees have access to information and a captive audience that could award that employee personal or financial gain. No employee may solicit other employees or students for personal or financial gain without the approval of the superintendent. If the approval of the superintendent is given, solicitations must be conducted within the conditions set by the superintendent. The superintendent may, upon five days notice, require the employee to cease such solicitations as a condition of continued employment.

Employees shall not act as an agent or dealer for the sale of textbooks or other school supplies.  Employees shall not participate for personal financial remuneration in outside activities wherein 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 shall be deemed to exist shall 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 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 listed above, the employee must cease the employment or activity. If the activity or employment falls under 3 listed above, then the employee must:

  • Cease the outside employment or activity.
  • 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 shall be the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.

Employees are encouraged to seek assistance from their administrator or supervisor with any ethical concerns, however, the district recognizes this may not always be possible. Therefore, employees may contact human resources or the superintendent to report anything they cannot discuss with their administrator or supervisor.

Complaint Procedures:
Employees or third parties who believe they have knowledge of any violation of this policy shall immediately file a complaint with their immediate supervisor or the Chief Officer of Human Resources who will determine if an investigation is warranted. The investigator may request that the individual complete a signed, written complaint form and submit other evidence of the unethical act including but not limited to letters, electronic documents, or pictures. If substantiated, the district will conduct a timely investigation in as confidential a manner as possible. Interviews, allegations, statements, and identities will be kept confidential to the extent possible and allowed by law. However, the district will not allow the goal of confidentiality to be a deterrent to an effective investigation and all employees who are involved in an investigation are expected to provide honest and complete cooperation.  Appropriate disciplinary action up to and including termination will be taken promptly against any employee engaging in unethical acts and/or employees who are found to be dishonest or uncooperative during an investigation. The corrective action issued will be proportional to the severity of the conduct.


Adopted: 5/97
Reviewed: 1/11; 12/11; 4/13; 9/14; 8/17
Revised: 2/09
Legal Reference (Code of Iowa): §§ 20.7; 68B; 279.8; 301.28 (1995)

403.18 - Public Complaints About Employees

 

 

 

From time to time the public may have complaints regarding the behavior of employees.  The board recognizes that situations may arise in the operation of the school district which are of concern to parents and other members of the school district community.  While constructive criticism is welcomed, the board desires to support its employees and their actions to free them from unnecessary, spiteful, or negative criticism and complaints that do not offer advice for improvement or change.

The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern. Whenever a complaint or concern is brought to the attention of the board it will be referred to the administration to be resolved. Prior to board action, however, the following should be completed:

  1. Matters concerning an individual student, teacher, or other employee should first be addressed to the teacher or employee.
  2. Unsettled matters from #1 listed above, or problems and questions about individual attendance centers, should be addressed to the employee’s building principal or classified director.
  3. Unsettled matters regarding licensed employees from #2 listed 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 it may then be brought to the board. To bring a concern regarding an employee the individual may notify the board president in writing who may bring it to the attention of the entire board, or the item may be placed on the board agenda of a regularly scheduled board meeting in accordance with board policy.

It is within the discretion of the board to address complaints from the members of the school district community and the board will only do so if they are in writing, signed, and the complainant has complied with this policy..


Adopted: 5/97
Reviewed: 1/11; 12/11; 4/13; 9/14; 8/17
Revised: 1/06
Related Policy (Code#): 204.9
Legal Reference (Code of Iowa): §279.8

403.19 - Drug and Alcohol Testing Program

 

 

 

Employees who operate school vehicles classified as commercial motor vehicles by the US Department of Transportation and are required to possess a commercial driver’s license (CDL) to operate those vehicles are subject to drug and alcohol testing. A commercial motor vehicle is a vehicle that transports 16 or more people 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, the term “employees” includes applicants who have been offered a position to operate a commercial motor vehicle owned by the school district.

Employees, or employee applicants, that will operate a school vehicle as described above are subject to pre-employment drug testing prior to being allowed to perform a safety-sensitive function using a school vehicle. In addition, employees will be subject to random, reasonable suspicion and post-accident drug and alcohol testing. Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol. Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate, or are offered a position to operate, school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.

Employees with questions about the drug and alcohol testing program may contact the Chief Officer of Human Resources, 2999 N 10th Street, Marion, IA 52302.

Employees who violate the terms of this policy may be subject to discipline up to and including termination. Employees who violate this policy 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 a substance abuse professional. Employees who fail to, or refuse to, successfully participate in a substance abuse evaluation or recommended substance abuse treatment program will no longer be allowed to operate a commercial motor vehicle owned by the school district and, in addition, may be subject to discipline up to and including termination.

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

The superintendent, or designee, will also be responsible for publication and dissemination of this policy and supporting administrative regulations and forms to employees operating school vehicles. The superintendent, or designee, will also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.


Adopted: 12/95
Reviewed: 3/11; 12/11; 4/13; 9/14
Revised: 1/07; 8/17
Related Policy (Code #): 403.19-E1-E2
Legal Reference (Code of Iowa): American Trucking Assoc Inc vs Federal Highway Admin,
51 Fed 3rd 405 (4th Cir 1995); 49 USC §§ 5331 et seg (1994); 42 USC §§ 12101 et seq (1994);
41 USC §§ 701-707 (1996); 49 CFR Pt 40; 382; 391.81-123 (2002); 34 CFR Pt 85 (2002);
Local, Int'l Assoc of Fire Fighters, AFL-CIO, and City of Burlington, PERB No 3876 (3-26-91);
§§ 124; 279.8; 321.375(2); (730.5.2005)

403.19-E1 - Drug and Alcohol Testing Program Notice to Employees

 

 

 

Employees governed by the Drug and Alcohol Testing Program 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 policy, the supporting documents, and the law.

Employees who operate school vehicles classified as commercial motor vehicles by the US Department of Transportation are subject to drug and alcohol testing. A commercial motor vehicle is a vehicle that transports 16 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 district.

It is the responsibility of the superintendent, or designee, to inform employees of the Drug and Alcohol Testing Program requirements. Employees with questions regarding the Drug and Alcohol Testing Program requirements will contact the district’s contact person (Chief Officer of Human Resources).

Employees governed by the Drug and Alcohol Testing Program policy are further notified that employees violating this policy, the supporting documents, regulations, or the law will be subject to discipline up to and including termination.

Employees governed by the Drug and Alcohol Testing Program policy are further notified it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, the 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, the supporting documents, regulations, or the law.

Employees governed by the Drug and Alcohol Testing Program 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, post-accident, return-to-duty, and follow-up drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, the supporting documents, regulations, and the law.

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.

Employees governed by the Drug and Alcohol Testing Program policy are further notified that employees violating this policy, the supporting documents, regulations, or the law will be subject to discipline up to and including termination. As a condition of continued employment, employees violating this policy, the 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.


Adopted: 2/07
Reviewed: 3/11; 12/11; 4/13; 9/14; 8/17
Related Policy (Code#): 403.19; 403.19-E2

403.19-E2 - Drug and Alcohol Testing Program Acknowledgement Form

 

 

 

I have received a copy, read, and understand the Drug and Alcohol Testing Program policy and its supporting administrative regulations. I consent to submit to the drug and alcohol testing as required by the Drug and Alcohol Testing Program policy, the supporting documents, regulations, and the law.

I understand if I violate the Drug and Alcohol Testing Program policy, the supporting documents, regulations, or the law that 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, if recommended, a substance abuse treatment program. 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.

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

I further understand that drug and alcohol testing records are confidential and may be released in accordance with this policy, the supporting documents, regulations, or the law.


Reviewed: 9/14; 8/17
Related Policy (Code#): 403.19; 403.19-E1

403.20 - All Personnel Jury Duty/Witness Service

 

 

 

All employees called to serve on a jury or to testify as a voluntary witness at the request of the district (by subpoena or otherwise) will be paid for the days or hours which the court requires attendance. If employees are subpoenaed to appear in court as witnesses but not at the request of the district they will be excused from work in order to comply with the subpoena, but will not be paid for time off unless the employee requests to use their available, paid personal or vacation leave.

Employees must present any summons to their supervisor on the first working day after receiving the notice. If an employee is not required to serve on a day they are normally scheduled to work or if the employee is excused before serving three hours of jury duty, they are expected to report to work.

Employees will receive their regular salary as compensation for jury duty. Any payment for jury duty from the court will be paid to the district. Compensation for witness service will be paid only if the employee is summoned for witness service by the district.

Copies of vouchers received from the court showing compensation (excluding mileage) and dates served should be submitted to the business office (2999 N 10th St, Marion, IA 52302).


Adopted: 6/70
Reviewed: 3/11; 12/11; 4/13; 9/14
Revised: 2/09; 8/17
Legal Reference (Code of Iowa): Chapters 607.2-3 

403.21 - Employee Relations, Appearance, and Conduct

 

 

 

Rules and standards are necessary to protect the health and safety of students, staff, and the community. Through rules, standards, and expectations the district provides students, staff, and the community an awareness of the dignity and worth of the individual, civic responsibility and respect for authority, as well as a safe and secure environment for optimal working and learning.

Employees are role models for the students who come in contact with them before, during, and after school hours. If an employee’s conduct could reasonably be expected to have an adverse effect on the employee’s continuing ability to perform any of their professional functions in an effective manner, discipline up to and including termination may be exercised even if the conduct occurred outside school hours.

Employee Relations
It is the district’s expectation that employees maintain a professional working environment that encourages mutual respect and promotes civil and congenial professional relationships among staff, students, and the public.

The district prohibits employees from intentionally harming or threatening to harm other employees, students, the public, or property belonging to any of these parties. This prohibition includes but is not limited to intentional acts such as verbally abusing others; using intimidation tactics and making threats; sabotaging another’s work; making malicious, false, and harmful statements about others; publicly disclosing another’s private information; or using electronic devices for harassment, bullying, or any other behavior that is discourteous, disrespectful or demeaning.

District employees are expected to exercise good judgment and discretion when using social networking and blogging venues such as MySpace, Facebook, Twitter, etc. Content that is published on such blogs is public (for students, parents, community, and administration to view) and the employee is ultimately responsible for their posts.

Appearance
The board expects employees to conduct themselves in a professional manner appropriate to the educational environment and, as such, employees will ­be well groomed and dress in attire appropriate for their position. Clothing should be neat, clean, and free from inappropriate graphics. Discretion and common sense call for an avoidance of extremes which would interfere with or have a detrimental effect on the educational process. In addition, employees are expected to follow appropriate cleanliness practices as needed for the specific job assignment.

Employee Expectations/Conduct
It shall be the general procedure of the Linn-Mar Community School District to administer progressive discipline to employees who violate Federal or State laws and/or regulations, board policy, administrative regulations and/or rules, or exhibit unsatisfactory behavior or misconduct.

Employees should refer to specific job descriptions for a full list of required standards, knowledge, skills, abilities, and expectations.

Discipline Process
Violations of this policy are subject to progressive disciplinary action up to and including termination. The following list includes but is not limited to the items which are deemed as infractions which, given sufficient reason and evidence, may result in discipline ranging from minor to major actions.

  • Endangerment of children, staff, or community members
  • Consistent poor judgment
  • Harassment or bullying of students, employees, or community members
  • Treating co-workers, supervisors, students, public, or volunteers in a discourteous, inattentive, or unprofessional manner
  • Creating conflict with students, staff, or community members
  • Engaging in any unethical or lascivious conduct
  • Being dishonest including but not limited to deception, fraud, lying, cheating, or theft
  • Spreading malicious rumors
  • Demonstrating insubordination
  • Engaging in vulgar, offensive, or abusive language or conduct toward others
  • Fighting
  • Smoking or using nicotine or tobacco products on district property or at district events
  • Demonstrating gross misconduct or other serious violations of district polices or procedures
  • Refusing to work with, communicate, or speak to students or staff
  • Failing to report injuries, damage to, or an accident involving district equipment
  • Working under the influence of a controlled substance; including possession of or use of imitation or counterfeit controlled substances or improper use of legally prescribed medications
  • Possessing, being under the influence of, or drinking intoxicants on the job
  • Possessing and/or carrying a weapon on district property, including the parking lot
  • Willful and/or consistent violation of safety rules/regulations
  • Contributing to unsanitary or unsafe conditions
  • Horseplay which shows disregard for safety, comfort, or work performance of co-workers, district, students, and community members
  • Disclosing confidential records or information (district, personnel, or student information)
  • Using district/facility computer systems, including accessing confidential computer files and data, without authorization
  • Sabotaging, damaging, abusing, or destruction of district-owned and/or district or co-worker owned equipment or property and/or unauthorized use of such equipment
  • Willful violation of Federal or State laws and/or regulations, board policy, administrative regulations, and/or rules
  • Failing to comply with licensure and certification requirements
  • Falsifying district records such as employment applications and timecards in any way
  • Using district computers, telephones, or equipment for unauthorized purposes (district-issued technology is subject to inspection at any time)
  • Initiating, developing, and/or maintaining inappropriate relationships with either adults or students
  • Removing, posting, or altering required notices on any bulletin board on district property without permission of an immediate supervisor or the Human Resources department
  • Copying district documents, software, etc., for personal use without authorization
  • Using district communication systems inappropriately
  • Presenting false claims for benefits
  • Timecard violations (including falsification and/or clocking in while not working)
  • Working unauthorized time, abusing or violation of working hours, break periods, or lunch periods
  • Leaving the workplace during the scheduled workday without notification and permission
  • Leaving the assigned work area or facility without notification and permission
  • Loitering, excessive non-work related visiting, or deliberate inattention to duties during work hours including but not limited to utilizing social media, Pinterest, etc.
  • Failure to perform required/assigned work duties and/or incompetence
  • Working on personal jobs during the scheduled work day
  • Being absent for three or more days without notification or permission (also referred to as voluntary quitting or job abandonment)
  • Being absent for less than three days without notification or permission
  • Sleeping while on duty
  • Negligence
  • Not following district attendance procedures
  • Violation of other rules or policies not specifically listed

While the following progressive discipline process is used as a general guideline when administering discipline for minor infractions, the seriousness of each individual infraction will determine which level of discipline is administered up to and including termination. The district reserves the right to skip any level as deemed appropriate.

  • First Offense: Verbal counseling; documented
  • Second Offence: Written warning
  • Third Offense:Final written warning; may be accompanied by unpaid suspension up to five days and/or termination
  • Fourth Offense: Termination
  • Performance Improvement Plan (Optional)

Whenever an employee has been involved in a disciplinary situation that has not been readily resolved, or when the employee has demonstrated an inability to perform assigned work responsibilities efficiently, the direct supervisor in consultation with the Human Resources department may place the employee on a performance improvement plan. This status will last for a pre-determined amount of time not to exceed 90 calendar days. Within this time period the employee must demonstrate a willingness and ability to meet and maintain the conduct and/or work requirements as specified by the supervisor and the district. At the end of the performance improvement period the employee will either be returned to regular employee status or, if established goals are not met, termination may occur.

Because of FLSA requirements, exempt employees will not be suspended without pay for less than a week.

Absenteeism and Tardiness
Unscheduled, unexcused absences due to injury or illness, even when following appropriate guidelines, may still be deemed excessive. Discipline for otherwise unexcused tardiness and absenteeism is generally applied per district procedures..

Certified Staff
Licensed employees of the school district, including administrators, will follow the code of ethics for their profession as established by the Iowa Board of Educational Examiners.


Adopted: 6/70
Reviewed: 12/11; 9/14; 8/17
Revised: 3/11; 4/13
Legal Reference (Code of Iowa): §§ 279.8 (2005); 282 IAC 13

403.22 - Staff Development

 

 

 

The Linn-Mar Board of Directors recognizes that well-trained personnel are essential to effective performance, use of knowledge, and a productive learning environment. To meet the ever-changing student needs, staff development is viewed as necessary, systemic, and continuous to improving district programs and employee performance.

The board, superintendent, and all administrators and managers expect all employees to participate in a staff development program that is aligned with the district’s strategic plan and improvement plan that is designed to develop and enhance staff performance.

Critical to this process is participant collaboration in the program. Therefore, the following elements will be part of the collaborative process for staff development:

  • Assessment of the learning needs of employees
  • Prioritization of these needs so that individual and organizational needs are met simultaneously
  • Allocation of budget funds based upon these priorities
  • Provision of an appropriate variety of training opportunities
  • Assess the effectiveness of each development program
  • Evaluation of the results to the Board of Directors

The board is committed to the development of a comprehensive staff development program that ultimately improves employee performance and student achievement levels.


Adopted: 7/99
Reviewed: 1/11; 12/11; 4/13; 9/14; 8/17
Revised: 3/06
Related Policy (Code #): 401.7; 401.14; 403.8

403.23 - Extended Leave for Employees Who Have a Serious Health Condition Due to Illness or Injury

 

 

 

I. Extended Leave for Employees Who Have Exhausted FMLA Leave

If an employee who is eligible for leave under the Family and Medical Leave Act (FMLA) has an illness or injury, including Workers’ Compensation illness or injuries, requiring a leave of absence for more than the time the employee has available through FMLA, the district will, with satisfactory written medical evidence, grant extended leave for up to an additional 13 weeks beyond the leave available under FMLA for a total of 12 weeks of FMLA leave plus 13 additional weeks in a 12 month rolling period. The employee’s job will not be held open during an extended leave. At the end of the extended leave the district will grant the employee reinstatement to an available open position for which the employee is qualified, if the employee is able to perform the essential functions of the available open position with or without reasonable accommodation.

The employee will be responsible for paying the total cost of the health insurance premiums on any health insurance coverage, including supplemental life and dental insurance, the employee or the employee’s family is receiving through the district during the extended leave period. The district will not provide insurance opt-out contributions while an employee is on extended leave. Employees must use any paid time off (or unpaid personal time off provided specifically by their negotiated agreement) during the extended leave and will not accrue additional leave time during the 13 weeks of the extended leave.

II. Extended Leave for Employees Who are Not Eligible for FMLA Leave

If an employee who is not eligible for leave under FMLA has an illness or injury, including Worker’s Compensation illness or injuries, requiring a leave of absence the district will, with satisfactory written medical evidence, provide an extended leave for a total of 8 weeks in a 12 month rolling period. The employee’s job will not be held open during an extended leave. At the end of the eight week period, the district will grant the employee reinstatement to an available open position for which the employee is qualified, if the employee is able to perform the essential functions of the available open position with or without reasonable accommodation. The employee will be responsible for their share of the total cost of the health insurance premiums on any health insurance coverage the employee or the employee’s family is receiving through the district during the extended leave. Employees must use any paid time off (or unpaid personal time off provided specifically by their negotiated agreement) during the extended leave and will not accrue additional leave time during the eight weeks of extended leave.

III. General Provisions

While on any leave, employees are required to report periodically to their supervisor and/or Human Resources in writing at least every 30 days regarding the status of their medical condition and their intent to return to work. Employees may be required to provide medical evidence substantiating their need for continued leave.

If at the end of the extended leave (under either Section I or II above) there are no available open positions which the employee is qualified to perform or if because of illness or injury an employee is still not able to return to employment because they are unable to perform the essential functions of any available open positions, either with or without reasonable accommodation, the employee shall be separated from employment unless the employee still has paid time off available (or unpaid personal time off provided specifically by their negotiated agreement). Once any remaining paid time off (or unpaid personal time off provided specifically by their negotiated agreement) is exhausted, if there are no available open positions which the employee is qualified to perform or if because of illness or injury an employee is still not able to return to employment because they are unable to perform the essential functions of any available open positions, either with or without reasonable accommodation, the employee shall be separated from employment.

If there is any law or provision that requires the district to grant leave beyond that provided in this policy based on the facts in a particular case the district will follow the requirements of that law.


Adopted: 1/07
Reviewed: 3/11; 9/14; 8/17
Revised: 12/11; 1/12; 4/13

403.24 - Americans with Disabilities Act

 

 

 

The Americans with Disabilities Act (ADA) requires employers to reasonably accommodate qualified individuals with disabilities. It is the policy of the Linn-Mar Community School District to comply with all Federal and State laws concerning the employment of persons with disabilities.

It is the Linn-Mar Community School District’s policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, and training or other terms, conditions, and privileges of employment.

The Linn-Mar Community School District will reasonably accommodate qualified individuals with a temporary or long-term disability so that they can perform the essential functions of a job.

An individual who can be reasonably accommodated for a job, without undue hardship, will be given the same consideration for the position as any other applicant.

All employees are required to comply with safety standards. Applicants who pose a direct threat to the health or safety of other individuals in the workplace, which threat cannot be eliminated by reasonable accommodation, will not be hired. Current employees who pose a direct threat to the health or safety of the other individuals in the workplace will be placed on appropriate leave until an organizational decision has been made by the superintendent, or designee, in regard to the employee’s immediate employment situation.

Definitions
As used in this policy, the following terms have the indicated meaning and will be adhered to in relation to the ADA policy.

  • Disability refers to a physical or mental impairment that substantially limits one or more of the major life activities of an individual. An individual who has such an impairment, has a record of such an impairment, or is regarded as having such an impairment is a disabled individual.
  • Direct threat to safety means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.
  • Qualified individual with a disability means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or has applied for.
  • Reasonable accommodation means making existing facilities readily accessible to and usable by individuals with disabilities, job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modification of examinations, adjustment or modification of training materials, and similar activities.
  • Undue hardship means an action requiring significant difficulty or expense by the employer. The factors to be considered in determining an undue hardship include: 1) the nature and cost of the accommodation; 2) the overall financial resources of the district; 3) the number of persons employed; 4) the effect on expenses and resources or other impact on the district; 5) the overall number of employees; and 6) the operations of the entire district. These are not all of the factors but merely examples.
  • Essential job functions refers to those activities of a job that are the core to performing said job for which the job exists that cannot be modified.

Adopted: 3/06
Reviewed: 3/11; 12/11; 4/13; 9/14; 8/17
Related Policy (Code#): 403.24-E
Legal Reference (Code of Iowa): § 281-95.3 (256); 29 CFR Part 1630;
161-8.26 (216); ADA Amendments Act of 2008

403.24-E - Employee Request for Accommodation

 

 

 

Employee Name: ____________________________________

Current Position: ____________________________________

Supervisor Name: ____________________________________

Employee: Upon completion please submit this document to your direct supervisor of the Human Resources department.

Identify your condition(s) and indicate how you believe each condition affects your ability to perform the essential functions of your job:

_______________________________________________________________________________

_______________________________________________________________________________

State the accommodations you are requesting and any alternate suggestions:

_______________________________________________________________________________

_______________________________________________________________________________

Employee Signature: ______________________________ Date: _________________________________________________

Human Resources: _______________________________  Date Received: _________________________________________

 


Reviewed: 9/14; 8/17
Related Code (Code#): 403.24

403.25 - Outside Employment

 

 

 

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

It is the responsibility of the superintendent, or designee, to counsel employees (whether full-time or part-time) if in the judgment of the superintendent, or designee, and the employee’s immediate supervisor the employee’s outside employment interferes with the performance of their duties required in their position within the school district.

The board may request the employee to cease the outside employment as a condition of continued employment with the school district.


Adopted: 3/06
Reviewed: 1/11; 12/11; 4/13; 9/14; 8/17
Legal Reference (Code of Iowa): §§ 20.7, 279.8 (2005)

403.26 - Employee Political Activity

 

 

 

Employees will not engage in political activity upon property under the jurisdiction of the Linn-Mar Community School District Board of Education. Activities included, but not limited to, are the 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, 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.


Adopted: 3/06
Reviewed: 1/11; 12/11; 4/13; 9/14; 8/17
Legal Reference (Code of Iowa): §§ 55; 279.8 (2005)

403.27 - Pay Deductions

 

 

 

Exempt Employees

The district provides unpaid leaves of absences to allow employees to be absent from work. As public employers, school districts are expected to record and monitor the work that employees perform and to conform to principles of public accountability in their compensation practices.

Consistent with principles of public accountability, it is the policy of the district that full day deductions from pay are permissible in the following situations:

  • When an exempt employee is absent from work for one or more full days, if the deduction is made in accordance with a bona fide plan, policy, or practice of providing compensation for salary lost due to sickness or disability.
  • When an exempt employee is absent from work for one or more full days for personal reasons other than sickness or disability.
  • To offset compensation received when missing work for jury duty, attendance as a witness, or temporary military leave.
  • For disciplinary suspensions of one or more full days imposed in good faith for infractions of safety rules of major significance.
  • For disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions.

The district is not required to pay the full salary in the initial or terminal weeks of employment for penalties imposed in good faith for infractions of safety rules of major significance or for weeks in which an exempt employee takes unpaid leave under the Family and Medical Leave Act.  In these circumstances either partial-day or full-day deductions may be made.

In addition, the district provides a variety of leaves of absence to allow employees to be absent from work. As a public employer the district is expected to record and monitor the work that employees perform and to conform to principles of public accountability in its compensation practices. Therefore, it is the policy of the district that when an employee is absent from work for less than one work day the employee’s pay will be reduced or the employee will be placed on leave without pay in the following circumstances:

  • The employee has not sought permission to use paid leave for this partial-day absence.
  • The employee has sought permission to use paid leave for this partial-day absence and permission has been denied.
  • The employee’s accrued paid leave has been exhausted.
  • The employee chooses to use leave without pay.

In each case in which an employee is absent from work for part of a work day, a deduction from compensation will be made or the employee will be placed on leave without pay for a period of time which is equal to the employee’s absence from their regularly scheduled hours of work on that day.

All Employees

As a public entity all overpayments of wages and under deducted benefits must be collected from an employee. Payroll deductions for employees are allowable when the district has determined:

  • Regular wages (including overtime) have been overpaid
  • Supplemental wages have been overpaid
  • Benefit deductions have not occurred or need to be corrected

If a payroll deduction is deemed necessary a district representative will contact the affected employee to discuss repayment options.


Adopted: 4/06
Reviewed: 3/11; 12/11; 9/14; 8/17
Revised: 4/13
Related Policy (Code#): 403.27-R; 403.27-E
Legal Reference (Code of Iowa): 91A.2(4), .3; 294.8-9, 16

403.27-R - Administrative Regulations Regarding Pay Deductions

 

 

 

The district complies with all applicable laws with respect to payment of wages and benefits to employees including laws such as the Federal Fair Labor Standards Act and the Iowa Wage Payment Collection Act. The district will not make pay deductions that violate either Federal or State laws.

Any employee who believes that the district has made an inappropriate deduction or has failed to make proper payment regarding wages or benefits is encouraged to immediately consult with their appropriate supervisor. Alternatively, any employee may file a formal written complaint explaining the nature of the improper deduction and the payroll date(s) in question with the Chief Officer of Human Resources.

Within 15 business days of receiving the complaint, the Chief Officer of Human Resources will make a determination as to whether the pay deductions were appropriate and provide the employee with a written response that may include reimbursement for any pay deductions that were not made appropriately. In the event of an error, adjustments shall be made in compensation the following pay period.

This complaint procedure is available in addition to any other complaint process that also may be available to employees.


Adopted: 4/06
Reviewed: 3/11; 12/11; 4/13; 9/14; 8/17
Related Policy (Code#): 403.27; 403.27-E
Legal Reference (Code of Iowa): 91A.2(4), .3; 294.8-9, 16

403.27-E - Pay Deduction Complaint Form

 

 

 

This form is to be used for all pay deduction complaints. Any employee who believes the district has made an inappropriate deduction is encouraged to immediately consult with their direct supervisor. The employee may also file this complaint form with the Chief Officer of Human Resources explaining the nature of the improper deduction.

Name of employee: ______________________________________________

Department/Building: _____________________________________________

Payroll date(s): __________________________________________________

Amount of improper pay deduction: __________________________________

Explanation of improper pay deducation: ______________________________________________________________________

________________________________________________________________________________________________________

Supervisor Signature: __________________________________ Date: ______________________________________________

Employee Signature: __________________________________ Date: ______________________________________________

 


Reviewed: 9/14; 8/17
Related Policy (Code#): 403.27; 403.27-R

403.28 - Use of Computer and the Internet

 

 

 

All employees are responsible for maintaining systems security. Employees with access to a computer are responsible for safeguarding their passwords to ensure that no transaction takes place under that password for which they are not responsible. Under no circumstances should employees reveal their password to another individual. Passwords and encryption keys must be made available to the district’s IT department upon request. If a district need should arise in which it is necessary to obtain access to a specific computer in the absence of the assigned user, appropriate management authorization must be obtained. Passwords should be changed and reset when the employee returns to work.

Although employees may have their own passwords for accessing email the Internet and computers issued to them, district computers, and the information that is received or transmitted through them is the property of the Linn-Mar Community School District.  In the case of a paid coach or paid activity sponsor who is not a regular employee who has the need to communicate with students as a representative of the district, they should use a district email account created by the Linn-Mar Technology Services staff.  The individual utilizing a Linn-Mar email address for the purpose of support activities must be approved by the superintendent, or designee, and will be subject to policies 403.28 and 603.12-R1 regarding the conduct and expectations for employees.

The district reserves the right to monitor the use of district equipment by employees and others and as the Linn-Mar Community School District is a public employer, employees should have no expectation of privacy with regard to any information contained on computers to which they have access.

Employees with access to a computer will not:

  • Download software without approval from Technology Services. Software that is approved for downloading must be registered to the Linn-Mar Community School District.
  • Copy software unless authorized by Technology Services.
  • Knowingly introduce a computer virus, worm, Trojan horse, or any other contaminating or destructive features into the district’s computers.
  • Transmit copyrighted materials without permission.
  • Download files from the Internet except for an express business purpose.
  • Transmit, forward, or download material that is offensive, abusive, pornographic, obscene, profane, discriminatory, harassing, insulting, derogatory, inflammatory, fraudulent, or otherwise unlawful.
  • Transmit/use email or the Internet for any purpose that is illegal, against district policy, or contrary to the Linn-Mar Community School District’s best interest.
  • Disseminate the district’s confidential information (such as student information, etc.) to any outside source without an express business purpose or authorization.
  • Gamble and/or participate in fantasy sport leagues.
  • Participate in instant messaging that is not related to the employee’s work.
  • Solicit non-district business or use district email or Internet for personal gain including outside employment, self-employment, and family-owned businesses.
  • Write or participate in blogs that injure, disparage, and/or defame the district, its students, staff, community, and/or its employees’ reputations by name of implication.
  • Receive or forward unsolicited emails that violate district policy.
  • Attempt to defeat any security mechanisms to gain unauthorized access to computer files or other information on the Linn-Mar Community School District’s telephone systems, electronic communication systems, or information systems.
  • Attempt to read, intercept, copy or delete emails between other users.
  • Post or transmit any message anonymously, under a false name, or permit any other individual to do so.
  • Impersonate another person.
  • Collect information about others without their consent.
  • Establish or foster relationships that are inappropriate.

Employees may encounter information on the Internet that relates to the Linn-Mar Community School District or its services. Should such information be encountered employees should not respond but instead should bring the information to the attention of their immediate supervisor. The district will determine if a response is appropriate to the information.

Brief and occasional personal use of the Internet is acceptable as long as it is not excessive or inappropriate, does not occur during work time, does not violate any of the prohibitions listed above, and does not result in expenses to the Linn-Mar Community School District. The superintendent, and/or designee, reserves the exclusive right to determine whether any use is inappropriate, excessive and/or violates this policy.


Adopted: 2/09
Reviewed: 12/11; 4/13; 8/17
Revised: 1/11; 3/13; 9/14
Legal Reference (Code of Iowa): 279.8; 282 IAC 25-26

403.29 - Use of Personal Electronic Devices, District Telephones, and District Cell Phones

 

 

 

District Cell Phones/Telephones
District telephones are a vital part of our day-to-day operations. Because of the large volume of business transacted by telephone, personal use of the telephone should be limited and personal calls should be brief.

District cell phones are furnished to certain employees in connection with their duties. Employees who are issued cell phones by the Linn-Mar Community School District should limit personal use of cell phones in the same way they need to limit personal use of their office telephone. Employees that have excessive cell phone usage as determined by administration for personal calls will be subject to corrective action up to and including termination.

The Linn-Mar Community School District requires the safe use of its cell phones by employees while conducting business. Employees should not use cell phones while driving because of safety concerns, but should instead pull to the side of the road to make or receive telephone calls and/or read/send text messages. If unable to pull over or stop prior to receiving a cell phone call, employees should utilize a hands-free device for increased safety, keep the business conversation brief, and immediately locate a safe area to park. The Linn-Mar Community School District does not permit employees to drive while using a hand-held cell phone.

Personal Cell Phones and Electronic Devices
During work time employees should limit the use of their personal cell phones or electronic devices including but not limited to social media, Pinterest, etc. Employees should set personal cell phones on the silent ring mode during work hours to avoid disturbing those working around them.

Photographic Use of Cell Phones or Electronic Devices
Regardless of whether a cell phone is district-issued or personal in nature, employees should never use any type of photographic feature on their cell phones to take pictures on school premises, while conducting school business, or at school sponsored functions without receiving written permission from administration; unless the photographs are to be used to document: conduct that is in violation of board policy, damage to district property, an accident on district property or involving district vehicles, for the use of identifying equipment for work documentation or repair information, or to document public activities or events honoring employees, students, or the district.


Adopted: 2/09
Reviewed: 1/11; 12/11; 9/14
Revised: 2/10; 4/13; 11/16; 8/17

403.30 - Arrest and Criminal Charge Notification

 

 

 

Employees of the district must notify the Human Resources office of any arrests, filing of any criminal charges, and the disposition of any criminal charges pending against them. Notification to the Human Resources office should occur within three business days of notification to the employee except for employees whose duties require possession of a commercial driver’s license. Simple misdemeanors do not need to be reported by employees.

Employees must notify the Human Resources office of any child abuse complaints filed against them. Employees must also notify Human Resources regarding the findings in any complaint against them alleging child abuse. Notification of Human Resources of any complaints and findings should occur within three business days of notification to the employee. Current employees shall report any felony convictions or founded complaints of child abuse that occurred within five years of the date this policy was adopted.

Information relating to arrests, criminal charges, and child abuse complaints shall be treated and maintained as part of the employee’s confidential file.

The Chief Officer of Human Resources shall report all notifications to the superintendent who shall review the relationship of the criminal charge, child abuse complaint, or felony conviction to the performance requirements of the employee’s job.

Employees who do not notify the district as required under this policy may be subject to disciplinary action up to and including termination.


Adopted: 2/2/09
Reviewed: 1/11; 12/11; 4/13; 9/14; 8/17
Legal Reference (Code of Iowa): §§ 232.68-69; 235A; 279.8;
280.17 (1999); 441 IAC § 152, 155, 175

403.31 - Workers' Compensation Injury/Illness on the Job

 

 

 

Any employee reporting a work-related injury or illness will receive immediate and appropriate medical treatment. All applicable Federal, State, and local laws or regulations pertaining to occupational injuries or illnesses will be followed and complied with at all times.

Reporting
It is the responsibility of all employees to immediately report in writing to their supervisor all work-related injuries or illnesses regardless of how insignificant or minor the injury or illness may appear at the time. Employee work injury report forms are provided for this purpose and may be obtained from building supervisors or the Human Resources office. The supervisor will then complete a supervisor’s investigation report within 48 hours of the injury. Failure to report an injury or illness as required by state law and district policy could result in loss or delay of compensation benefits and possibly lead to corrective action up to and including termination.

An approved physician from a designated treatment center must treat the injured employee. Specialists will be assigned by the district in certain cases. Any treatment other than that approved by the district may not be compensable.

Injuries occurring in the course of employment are paid for by Workers’ compensation insurance. Workers’ compensation insurance pays all medical costs without a deductible provision and is paid for exclusively by the district. There are well-defined provisions that must be met to ensure that employees qualify for workers’ compensation benefits.

Work-related injuries or illnesses must be immediately reported in writing to the employee’s supervisor. The workers’ compensation insurer will investigate all late reported claims. Where facts cannot be verified, the claim will be denied. Any claim for an injury or illness caused by an employee’s willful misconduct, alcohol or drug usage, or that occurs during the employee’s voluntary participation in any off-duty recreational, social, or athletic activity sponsored by the district will not be compensable. Workers’ compensation fraud is a felony punishable by fines and/or jail time. The district will prosecute any individual found to be claiming a work-related illness or injury fraudulently.

Benefits
There are two types of workers’ compensation benefits paid to an employee with a work-related injury or illness. These are medical and wage replacement benefits. 

Medical benefits include the following:

  • Physician’s fees or health care provider fees: the approved physician or health care provider who provides treatment is paid through the workers' compensation insurer
  • Hospital fees: paid in full
  • Pharmacy costs: paid in full if prescribed by an approved physician
  • Special costs: any other medical costs including but not limited to braces, crutches, physical therapy, and rehabilitation therapy if deemed necessary by an approved physician or health care provider will be paid in full according to state law

In the event the injury is of the nature that requires outside medical treatment, employees will use personal illness leave for the first three days following the injury.  The insurance company will not pay for the first three days of absence until after the employee’s absence exceeds 14 days.

Workers’ compensation laws provide for a waiting period of three days before injured employees become eligible for wage replacement benefits. Employees will be covered for the period of disability to the limit allowed under the state workers’ compensation law.

Wage replacement benefits are paid by the workers’ compensation carrier during the time employees are temporarily disabled because of a work-related injury or illness.  Employees receive a percentage of their salary as set by state law.

A public employer shall not supplement an employee’s workers’ compensation benefits by reducing the employee’s sick leave, vacation leave, or earned compensatory time entitlements unless the employer first notifies the employee of the employee’s options to supplement and the employee elects to so supplement. A signed document indicating the employee’s option is required by the district (Refer to policy 403.31-E).

Employees who decline temporary, modified duty in order to return to work from a leave of absence due to a workers’ compensation injury will be considered to have resigned and will be terminated. Any employee refusing temporary, modified duty for which they are qualified will not be eligible for benefits under workers’ compensation regardless of their family and medical, or district extended leave status.

An employee who fails to return to work after being released by an approved physician will be considered to have resigned and will be terminated.


Adopted: 2/09
Reviewed: 12/11; 4/13
Revised: 3/11; 9/14; 8/17
Related Policy (Code #): 403.31-E
Legal Reference (Code of Iowa): 876; 85; 279.4; 613.17

403.31-E - Workers' Compensation Form

 

 

 

During the 1984 General Assembly the Legislature enacted Senate File 2295, which amended Section 85.38 of the Iowa Code to add the following:

Prohibition of Supplementation of Workers' Compensation Benefits: A public employer shall not supplement an employee’s workers’ compensation benefits by reducing the employee’s sick leave, vacation leave, or earned compensatory time entitlements unless the employer first notifies the employee of the employee’s options to supplement and the employee elects to so supplement.

The insurance company will not pay for the first 3 days of absence until after the employee’s absence exceeds 14 days.

Based on the above information, please choose one of the following:

_____ No, I do not want my workers' compensation benefits supplemented.

_____ Yes, I do want my workers' compensation benefits supplemented with sick leave pay.

__________________________________________
Employee's Printed Signature

__________________________________________    _________________
Employee's Signature                                               Date


Adopted: 2/09
Reviewed: 3/11; 12/11; 4/13; 9/14; 8/17
Related Policy: 403.31

403.32 - Employee Assistance Program

 

 

 

The board established the Employee Assistance Program (EAP) to provide professional, confidential assistance for any type of personal problem. The program is designed to encourage early intervention and awareness of such problems and to offer help at the earliest opportunity.

Employees are responsible for their performance and for taking constructive action to resolve any personal problems that affect or threaten to affect their on-the-job behavior. Supervisors are responsible for remaining alert to all instances of substandard work performance and bringing these instances to the attention of the employee, along with an offer of assistance, at the earliest indication of a recurrent problem.

Utilization of the EAP is on a voluntary basis, unless an employee is given a mandatory referral by a member of management as a condition of continued employment. It is important to note, that if an employee is given a mandatory referral the only information the district receives is that the employee is in the program, is cooperating, and keeping their appointments.

The decision to seek or accept assistance through the EAP will not adversely affect an employee’s job security or advancement opportunities. However, participation in the EAP in no way relieves the employee of the responsibility to meet acceptable work performance and attendance standards.

All full-time and part-time employees, members of an employee’s household, and benefit-eligible dependents are eligible to receive assistance through the EAP. The EAP will not reveal any information that the individual discloses to the EAP except in the following circumstances:

  • The employee consents in writing
  • The law requires disclosure
  • It is believed that life or safety is threatened by non-disclosure

Adopted: 2/09
Reviewed: 1/11; 12/11; 4/13; 9/14; 8/17

403.33 - Affirmative Action

 

 

 

The Linn-Mar Community School District is committed to identifying and eliminating past and present effects of discrimination in employment, including policies and practices that pose barriers to equal employment opportunity.

To achieve equal opportunity, the district recognizes the need to take affirmative action to identify classifications with under-representation of minorities, members of diverse racial/ethnic groups, females, and persons with disabilities; to set goals and timetables for increasing the employment of under-represented groups; and to develop an affirmative action plan for implementing those reasonable goals through outreach, recruitment, training, and other special activities and commitments.

The Affirmative Action Plan helps enable the district to:

  • Employ the most qualified person for the position
  • Fully utilize the available talent pool
  • Be fair and just
  • Provide diverse role models for students and better prepare students for living and working in diverse communities and for success in a global economy
  • Reduce stereotypes
  • Increase credibility with all stakeholders
  • Encourage and support economic development and entice investment in Iowa

The Linn-Mar Community School District Affirmative Action Plan will be distributed annually to each covered location. Staff will be provided periodic, professional development regarding their responsibilities for implementation of the Affirmative Action Plan. A report shall be given to the Board of Directors annually.

Inquiries regarding compliance with equal educational or employment opportunities and/or affirmative action shall be directed to the Linn-Mar Equity Coordinators, Chief Officer of Human Resources and Associate Superintendent, at 2999 N 10th Street, Marion, IA 52302 or 319-447-3036 / 319-447-3028, who have been designated by the school district to coordinate the district’s efforts to comply with the regulations implementing Title VI, Title VII, Title IX, the ADA, § 504, and Iowa Code § 280.3 (2007).

Inquiries may also be directed in writing to the Iowa Civil Rights, 400 E 14th Street, Des Moines, IA 50319 or (800) 457-4416, the Director of the Region VII Office of the United States Equal Employment Opportunity Commission, 601 East 12th Street, Room 353, Kansas City, MO 64106 or (800) 368-1019, or the US. Department of Education, Office for Civil Rights, Lyndon Baines Johnson Department of Education Bldg, 400 Maryland Avenue SW, Washington, DC 20202-1100 or (800) 421-3481.


Adopted: 2/09
Reviewed: 1/11; 12/11; 4/13; 2/14; 9/14; 8/17

403.34 - Employee Termination Voluntary/Involuntary

 

 

 

The Linn-Mar Community School District will ensure that employee terminations are handled in a professional manner with minimal disruption to ongoing work function. There are three types of terminations: voluntary, involuntary, and death.

Voluntary Termination
Voluntary termination of employment occurs when an employee informs their supervisor of their resignation or termination is deemed to have occurred when an employee is absent from work for two consecutive workdays and fails to contact their immediate supervisor (job abandonment).

Employees are expected to provide a minimum of two weeks’ notice of their intention to separate from the district in order to allow a reasonable amount of time to transfer on-going workloads. It is expected that written notification will be provided to the employee’s immediate supervisor.

Human Resources, in conjunction with the immediate supervisor, will coordinate the employee’s out-processing. This process includes:

  • Returning all company property (keys, ID cards, parking passes, equipment, etc)
  • Review of benefits status
  • Completion of an exit interview questionnaire

Licensed employees are required to follow Board Policy 401.7 Licensed Personnel Resignation.

Involuntary Termination
An involuntary termination of employment, to include reductions in force, is a district-initiated dismissal.

Discharge may be for any reason (misconduct, tardiness, absenteeism, unsatisfactory performance, etc.). In some cases progressive discipline may be used prior to termination to correct a performance problem. However, certain types of employee misconduct are so severe that one incident of misconduct will result in immediate dismissal without prior use of progressive discipline.

Involuntary termination of a licensed employee will follow the process stipulated in the master agreement, if applicable.

Death
A termination due to the death of an employee will be made effective as of the date of death.

Final Pay
An employee who resigns or is discharged will be paid through the last day of work plus any unused/accrued vacation leave, if applicable, and applicable unused paid personal days, minus advances or other agreements the employee may have with the district. Final pay due upon the death of an employee will be paid to the deceased employee’s estate.

Employees are not paid for unused sick leave days upon termination of employment.


Adopted: 2/09
Reviewed: 1/11; 12/11; 4/13
Revised: 9/14; 11/16; 8/17

403.35 - Social Networking

 

 

 

Electronic social networking sites shall be used in accordance with board policies on bullying, harassment, work requirements, and conduct for the purpose of promoting learning and associated communication. Use of social media that violates those policies, is disrespectful, demeaning, or used for purposes other than learning and associated communication will be subject to the prescribed behavioral disciplinary process for adults and students.

Employees shall not post confidential or proprietary information including photographic images about the district, its employees, students, agents, or others on any external website without consent of the superintendent or designee. Employees shall not use district logos, images, iconography, etc., on external websites.

Electronic social networking includes but is not limited to: YouTube, Twitter, Myspace, Facebook, LinkedIn, blogs, and websites.

The superintendent is responsible for administrative regulations on the use of social networking media.

Cross Reference:                
104                   Anti-Bullying/Harassment Policy
104-R                Administrative Regulations Regarding Anti-Bullying/Harassment Policy
403.13               Harassment
403.14               Sexual Harassment
403.21               Employee Relations, Conduct, and Appearance
502.1                 Student Conduct
502.1-R1            Administrative Regulations Regarding Student Conduct Procedures
502.14               Student-to-Student Harassment
502.14-R            Administrative Regulations Regarding Student-to-Student Harassment
603.12               Technology and Instructional Materials
603.12-R1          Administrative Regulations Regarding the Internet
603.12-R2          Administrative Regulations Regarding the Internet Appropriate Use
603.12-E1          Internet Access Permission Letter to Parents/Guardians/Legal Custodians
603.12-E2          Internet Use Agreement Staff


Adopted: 3/11
Reviewed: 12/11; 4/13
Revised: 9/14; 11/16; 8/17
Related Policy (Code #): 104; 104-R; 403.13-14; 403.21; 502.1; 502.1-R1;
502.14; 502.14-R; 603.12; 603.12-R1-R2; 603.12-E1-E2
Legal Reference (Code of Iowa): 20 USC §§ 1221-1234i (1994)

403.36 - Safety Accountabilities and Responsibilities

 

 

 

Purpose
To meet the district’s fundamental mission of educating children who live within the corporate boundaries of Linn-Mar Community School District, it is critical that the district promote and provide for the safety and health of all employees. To that purpose, the following defines the safety and health responsibilities for all levels of employees within the district and provides a framework for measuring the risk management performance of all individuals within the district.

Responsibilities

  • Administration: District administration is responsible for providing a safe and healthful workplace for employees. Administrators, managers, and supervisors will be responsible for administering the Safety Management Program policies and procedures that include the safety and claims management processes to control and minimize costs. Administration, managers, and supervisors will also provide performance evaluation guidelines and establish training materials, as needed, and will monitor to ensure that the guidelines are met.
  • Employees: Responsibilities include but are not limited to adherence to district safety rules, safe work procedures, bringing unsafe acts and conditions to the attention of administration, and to cooperate with the claims management process.

Superintendent

  • Responsibilities:
    • Provide leadership and visible support for the Safety Management Program throughout the district.
    • Commit the necessary resources to maintain and improve the Safety Management Program.
    • Establish controls and accountability systems necessary to assure effective administration of the Safety Management Program.
  • Duties:
    • Review annual safety and claims cost performance.
    • Evaluate the effectiveness of the Safety Management Program.
    • Maintain effective and prompt safety and claims management communication through line organization to administration.
    • Assure safety and claims management performance is discussed at regularly scheduled meetings.
  • Accountabilities:
    • Annual claims cost meet district goals.
    • Ensure communication of safety topics at professional development and/or staff meetings.

Chief Operating Officer

  • Responsibilities:
    • Provide leadership and visible support for the Safety Management Program.
    • Resource for district in implementing and managing the Safety Management Program.
    • Resource for regulatory issues that may affect the district’s operation and Safety Management Program.
    • Demonstrate leadership and communication responsibility for all Federal, State, and district policies and regulations on safety procedures and practices.
    • Monitor compliance of Federal, State, and board policies and regulations and administer appropriate notice and discipline.
  • Duties:
    • Collaborate with Human Resources to develop annual safety and claims management objectives.
    • Ensure established safety rules and regulations are followed.
    • Enforce alternative safety and claims management procedures or actions to meet risk management goals.
    • Establish acceptable housekeeping standards, defining areas of responsibility for maintenance and inspection.
    • Keep the superintendent informed on regulatory agency regulations (new or revised) that may affect the district's operation.
    • Resource for the organization during regulatory agency visits and/or corresponding with the agency.
    • Member of district Safety Committee.
  • Accountabilities:
    • Provide timely advice and/or resources and reports to superintendent to meet the safety management goals.

Human Resources

  • Responsibilities:
    • Implement the district Safety Improvement Plan to develop a strong safety attitude and clear understanding of duties and responsibilities for each employee.
    • Maintain adequate controls to assure that the Safety Improvement Plan requirements are met.
    • Support the claims management procedures to meet the district' goals.
  • Duties:
    • Set annual safety improvement goals in collaboration with the chief operating officer.
    • Review safety claims management performance for the district and communicate the results to the superintendent.
    • Investigate (or assists in the investigation of) all accidents within the district.
    • Participate in regularly scheduled safety meetings.
    • Communicate safety and health issues to all principals employees.
    • Analyze problem areas and take corrective actions as needed.
    • Make periodic observation of principals’ safety activities and report to Superintendent.
    • Provide alternative duty jobs for persons injured on the job.
    • Direct insurance carrier/consultants loss control and claims services to meet the Districts’ risk management goals.
  • Accountabilities:
    • Complete necessary safety and health projects.
    • Safety inspection recommendation compliance.
    • OSHA recordable injury and illness rates compare to district goals.
    • Safety contacts with employees to monitor the effectiveness of the program.
    • Ensure safety inspections are completed monthly.
    • Accident investigations are performed completely and in a timely manner.
    • Assist in training employees on safe work procedures and proper protective equipment usage.
    • Cooperate with the claims management process.

Principals/Assistant Principals/School Facilitators

  • Responsibilities:
    • Train assigned employees on safe work procedures and proper protective equipment usage.
    • Ensure that safe work procedures are followed and proper protective equipment is being used.
    • Ensure safe conditions of the work environment, including good housekeeping, is maintained.
    • Maintain equipment in safe working order and notify appropriate personnel if and when repairs are necessary.
  • Duties:
    • Make daily inspections of facility work area and take immediate steps to correct unsafe conditions and work practices.
    • Ensure that employees follow safe job procedures.
    • Report on safety activities (including deficiencies) to the next level of administration.
    • Require each employee to maintain good housekeeping.
    • Require employees to use proper lifting techniques and material handling procedures.
    • Take necessary action to ensure monthly safety inspections are completed by appropriate staff.
    • Ensure that proper personal protective equipment is worn and maintained.
    • Collaborate with Human Resources to conduct safety meetings with employees on a regular basis.
    • Conduct accident investigations, determine corrective action, and follow up to see that those selected are implemented effectively.
  • Accountabilities:
    • Safety meetings are conducted at times determined by the district.
    • Safety inspections are completed at times determined by the district.
    • Investigate all accidents within the department and submit a report in accordance with district procedures.
    • Follow and enforce safety rules and regulations.

Employees

  • Responsibilities:
    • Follow safe work procedures and take an active part in protecting themselves, their fellow employees, and students.
    • Understand the hazards and safety precautions to reduce or eliminate those hazards before undertaking any assignment.
    • Report all unsafe conditions, practices, and behavior to administrator and make suggestions for correction.
    • Report all injuries to their immediate supervisor and obtain first aid or medical help in accordance with district procedures.
    • Participate in the continuous improvement of the district's safety management guidelines.
    • Fully cooperate with the claims management process.
  • Duties:
    • Comply with written safety and health rules.
    • Follow approved methods of performing their jobs.
    • Wear and maintain proper personal protective equipment as required.
    • Come to work each day mentally and physically capable to safely perform duties.
    • Report safety hazards, unsafe behaviors by others, and any other safety related questions or concerns to immediate supervisor.
    • Assist in problem solving and safety management guidelines improvement.
    • Maintain good housekeeping throughout their area of influence.
    • Cooperate with the claims management process.

Adopted: 9/12
Reviewed: 4/13
Revised: 9/14; 11/16; 8/17
Related Policy (Code#): 403.37

403.37 - Safe Workplace Regulations/Procedures

 

 

 

The basic objective of the safety program is to prevent accidents and injuries and to reduce operating costs by following safe practices. The use of safe practices protects employees; prevents lost time, equipment, and property damage; and reduces expenditures of funds for medical care, compensation, and liability. To accomplish these tasks a sound safety program focusing on accident prevention must be integrated into the day-to-day activities of each employee. All employees must think, talk, and work safely.

Safety-related rules and policies are necessary for the well-being of all employees.  Safety rules, policies, and procedures are established by the district to govern conduct while at work and to promote a safe work environment for all employees.

Any employee who commits an act which violates accepted safety rules, policies, or procedures will be disciplined up to and including termination of employment. The nature of the discipline will depend upon the nature of the violation and the surrounding circumstances.

Violations that May Result in Disciplinary Action Being Issued

The following list of reasons for safety-related discipline is not intended to be all inclusive, the mere fact that a possible violation is not listed does not mean that it would not result in disciplinary action.

  • Horseplay such a running, shoving, pushing, throwing objects, and/or any type of horseplay which could jeopardize your safety or the safety of others.
  • Failure to report injuries as instructed in the district work injury reporting procedures or refusing to give information to any member of management.
  • Failure to report observed, unsafe behavior or conditions.
  • Violation of any district-accepted safety procedure, policy, program, or rule.
  • Causing unsafe conditions or carelessness in regard to safety of self or others or the failure to properly use safety devices (including required, personal protective equipment or tampering with safety equipment).
  • Intentional misuse of or damage to equipment, vehicles, or property of others.
  • Using poor judgment that results in an injury or accident.

The aforementioned list constitutes some but not necessarily all of the kinds of conduct that will result in disciplinary action up to and including termination of employment.

Disciplinary Action

While the progressive discipline process is used as a general guideline when administering discipline for minor infractions, the seriousness of each individual infraction will determine which level of discipline is administered up to and including termination. The district reserves the right to skip any level as deemed appropriate.

  • First Offense: Verbal counseling; documented
  • Second Offense: Written warning
  • Third Offense: Final written warning; may be accompanied by unpaid suspension up to five days and/or termination
  • Fourth Offense: Termination

Adopted: 9/12
Reviewed: 4/13; 9/14; 8/17
Related Policy (Code#): 403.36

403.38 - Modified Duty Return to Work Program

 

 

 

In order to maintain a safe work experience for an employee returning from an injury, the district has adopted a return-to-work policy for any employees that have experienced work-related injuries. This program is designed to keep employees involved in their work environment and to assist them in continuing to be a productive member of the workforce by returning to full earning capacity as soon as possible. This program also reduces the district’s long-term insurance costs and avoids future premium increases.

Every effort will be made to meet the medical restrictions that injured employees may face. If an employee is assigned a light duty job, it is considered to be a temporary assignment. As such, light duty jobs are reserved for those employees with temporary disabilities. The school district will work with the medical community and insurance company to provide work that meets the medical restrictions of the employee when possible. These job duties may be associated with tasks within the structure of the school district or tasks in the community.

Employee Responsibilities

The employee must:

  • Be aware of all medical restrictions at all times.
  • Not attempt tasks that exceed medical restrictions. If the employee has a question about the tasks at hand and restrictions, the employee should talk to their physician and, if necessary, get new restrictions in writing that allow for the performance of these tasks.
  • Understand that the medical restrictions are in effect 24 hours per day.
  • Be careful during non-work hours to ensure restrictions are maintained. For hobbies or outside interests, talk to the treating physician about possible conflicts. Follow the physician’s instructions.
  • Report for work to all light duty jobs on time and ready to work. Failing to report to or being late for light duty jobs has the same consequences as if absent or late for regular duty jobs.
  • Engage in activities that are consistent with medical restrictions and/or treatment patterns whether on or off the job. If not, the employee is subject to possible disciplinary action up to and including termination of employment.

Administrative Responsibilities

The administrator, manager, or supervisor shall:

  • Take time to handle injuries properly.
  • Authorize medical attention immediately, if needed.
  • Provide necessary authorization forms.
  • Investigate the circumstances of the reported injury and record all pertinent data.
  • Determine preventative measures or actions and make corrections immediately.
  • Explain all modified jobs in detail to the employee and point out any safety precautions that may exist.
  • Know the employee and their medical restrictions. Ensure you and the employee do not exceed the restrictions unintentionally.
  • Add validity to the practice by keeping informed about the employee's recovery, current treatment, and how the employee perceives the quality of medical treatment. The quality of treatment is directly related to how fast the employee recovers and avoids re-injury in the future.

Adopted: 9/12
Reviewed: 4/13; 9/14; 8/17
Related Policy (Code#): 403.38-E

403.38-E - Modified Duty Program Form

 

 

 

To: ________________________________________

RE: Modified Duty Program

Returning injured employees to work through a Modified Duty Program is vital to an employee’s earning power and critical to controlling our Workers’ Compensation costs. The Linn-Mar Community School District is exploring every opportunity to ensure that our employees are returned quickly and smoothly to full earning capacity after a severe or serious work injury. We are also actively pursuing every option available to conserve our financial and human resources.

For these reasons, we are committed to the viability of our Modified Duty Program. We have a number of modified or lighter duty jobs that would be suitable for injured employees and which can accommodate a variety of medical restrictions. Furthermore, we will abide in good faith to any medical restrictions you or other medical providers may establish. We consider our Modified Duty Program to be a practical and responsible practice and one which the medical community can support as beneficial to employees.

You are presently treating an employee of the Linn-Mar Community School District and if they could perform any restricted/limited duty activities until full recovery is achieved, I would appreciate your direction.

Thank you for your consideration of this matter.

Respectfully,

 

Karla Christian, PHR
Chief Officer of Human Resources
Telephone: 319-447-3036
Fax: 319-377-9252
Email


Adopted 9/12
Reviewed: 4/13; 9/14; 8/17
Related Policy (Code#): 403.38

403.39 - Employee Background Check

 

 

 

The district believes in hiring and using quality employees and supports appropriate background checks for all employees to promote staff and student safety. Therefore, the board authorizes the superintendent, or designee, to access and review specific information for each applicant for employment and every current employee pursuant to this policy.

Applicants for Employment

For every applicant for employment with the district the superintendent, or designee, shall access and review certain background information for the applicant prior to their hiring. The superintendent, or designee, shall access and review background information regarding the applicant from the following sources:

  1. The Iowa Court information system available to the general public
  2. The Sex Offender Registry system available to the general public
  3. The Central Registry for Child Abuse information
  4. The Central Registry for Dependent Adult Abuse information
  5. The National Criminal History database

Continuing Compliance

As required by law, current employees of the district will be subject to background rechecks every five years based on their initial date of hire. Positions exempt from the district recheck include teachers, administrators, school business officials, school facilitators, paraprofessionals, and non-teaching coaches provided that these positions are subject to Board of Educational Examiners authorization for either initial licensure or renewal. 

The superintendent, or designee, may utilize a background check service that meets the legal requirements to access this information.

The district shall not charge an employee for the cost of the registry checks required. The district will maintain documentation demonstrating compliance with the required background check procedures.


Adopted: 9/14
Reviewed: 8/17
Legal Reference (Code of Iowa): SF 452, 279.69, 272.2 (17),
279.13 (1.b), 279.13, 321.375 (2)

403.40 - Pregnancy Discrimination

 

 

 

The Linn-Mar Community School District will comply with all Federal and State laws concerning the employment of persons who are affected by a current pregnancy, past pregnancy, potential pregnancy, or other medical condition that is related to pregnancy or childbirth.

The Linn-Mar Community School District will not discriminate against women affected by pregnancy, childbirth, or related medical conditions in regard to application procedures; hiring; advancement; discharge; compensation; training; or other terms, conditions, and privileges of employment including medical benefits and leave. The Linn-Mar Community School District prohibits the harassment of a women because of pregnancy, childbirth, or related medical conditions. 

The Linn-Mar Community School District will reasonably accommodate individuals whose pregnancy-related impairment is considered a disability under the Americans with Disabilities Act (ADA) so that they can perform the essential functions of a job. 

An individual who can be reasonably accommodated for a job without undue hardship will be given the same consideration for that position as any other applicant.

The Linn-Mar Community School District will also accommodate nursing mothers for up to one year after the birth of their child by providing a reasonable break time and a private location, other than a bathroom, to express milk.

Definitions
As used in this policy, the following terms referenced from the Americans with Disabilities Act have the indicated meaning and will be adhered to in relation to the Pregnancy Discrimination policy.

  • Disability refers to a physical or mental impairment that substantially limits one or more of the major life activities of an individual. An individual who has such an impairment, has a record of such an impairment, or is regarded as having such an impairment is a disabled individual.
  • Qualified individual with a disability means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or has applied for.
  • Reasonable accommodation means making existing facilities readily accessible to and usable by individuals with disabilities, job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modification of examinations, adjustment or modification of training materials, and similar activities.
  • Undue hardship means an action requiring significant difficulty or expense by the employer. The factors to be considered in determining an undue hardship include: 1) the nature and cost of the accommodation; 2) the overall financial resources of the district; 3) the number of persons employed; 4) the effect on expenses and resources or other impact upon the district; 5) the overall number of employees; and 6) the operations of the entire district. These are not all of the factors but merely examples.
  • Essential job functions refers to those activities of a job that are the core to performing said job for which the job exists that cannot be modified.

Adopted: 3/06
Reviewed: 3/11; 12/11; 4/13; 9/14; 8/17
Legal Reference (Code of Iowa): § 281-95.3 (256); 29 CFR Part 1630; 161-8.26 (216);
ADA Amendments; EEOC Notic 915.003 7/14/2014; FLSA Section 4207

403.41 - Military Service

 

 

 

The board will abide by all the provisions of the Uniformed Services Employment and Re-Employment Right Act (USERRA) and the Iowa Military Code and will grant military leave to all eligible full-time and part-time employees.

Military leave may be granted to full-time and part-time employees. A leave of absence will be granted to non-temporary employees who are members of the uniformed services when ordered by proper authority to serve in the uniformed services. Following such leave, employees have the right to be reinstated to their same or comparable position under the following conditions:

  1. Employee ensures the district's Human Resources office receives advance, written or verbal notice of their service unless giving such notice is impossible, unreasonable, or precluded by military necessity.
  2. Employee has five years or less of cumulative service in the uniformed services while with the district.
  3. Employee returns to work or applies for re-employment in a timely manner after conclusion of service.
  4. Employee has not been separated from service with a disqualifying discharge or under other than honorable conditions.

The first 30 calendar days of military leave will be without loss of status or efficiency rating and without loss of pay. Where the military leave is for a period of less than 30 days, a paid leave of absence will be granted only for those days the employee would normally perform services for the district. An employee’s salary will not continue beyond the 30th calendar day during military leave unless required by law. However, employees may request to use any vacation or personal leave time accrued during military leave.

Health insurance benefit coverage will continue for 31 days as long as employees pay their normal portion of the cost of benefits. For leave lasting longer than 31 days, employees will be eligible to continue health benefits under COBRA and will be required to pay 102% of the total cost of their health benefits if they wish to continue benefits for up to 24 months while in the military. If employees do not elect to continue coverage during their military service they have the right to be reinstated in the district’s health plan when they are re-employed, generally without any waiting periods or exclusions except for service-connected illnesses or injuries.

Group term life/AD&D insurance provided by the district (if applicable) and group long-term disability insurance provided by the district (if applicable) will terminate the day the employee becomes active-military. Voluntary supplemental life insurance will terminate the day the employee becomes active-military. Converting to an individual policy may continue voluntary dependent life insurance coverage up to two months. To exercise this conversion option dependents must submit a written application and the first premium payment within 31 days immediately following the termination of coverage.

If an employee was a participant in a 403(b) plan at the time they left for military duty the employee will be permitted to make additional contributions to the plan. Employees may initiate these additional payments as of their re-employment date and continue them for the period of time permitted by law.

Employees do not accrue vacation, personal leave, or sick leave while on military leave of absence status.

Upon return from military leave, employees will be reinstated to the same or comparable job with the same seniority, pay, status, and benefit rights that they would have had if they had worked continuously. Employees must apply for re-employment within 90 days of discharge from the military. Employees who fail to report for work within the prescribed time after completion of military service will be considered to have voluntarily terminated their employment.

In addition to the employee's failure to apply for re-employment in a timely manner, an employee is not entitled to reinstatement as described above if any of the following conditions exist:  

  1. The employee's employment prior to the military service was merely for a brief, temporary, or non-recurrent period and there was no reasonable expectation that the employment would have continued indefinitely or for a significant period. 
  2. The employee did not receive an honorable discharge from military service.  

Adopted: 6/70
Reviewed: 3/11; 12/11; 4/13; 9/14; 12/16; 8/17
Revised: 1/13; 9/16
Legal Reference (Code of Iowa): Ch 29A.28; 29A.43