The Linn-Mar Community School District will provide equal opportunity to employees and applicants for employment in accordance with applicable equal employment opportunity (EEO) and affirmative action (AA) laws, directives, and regulations of federal, state, and local governing bodies. Opportunity to all employees and applicants for employment includes hiring, placement, promotion, transfer or demotion, recruitment, advertising or solicitation for employment, treatment during employment, rates of pay or other forms of compensation, and layoff or termination.

The district will provide a workplace that fosters 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 age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, genetic information, physical or mental ability or disability, ancestry, political party preference, political belief, military status, socioeconomic status, pregnancy, or familial status.

Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply. In employing individuals, the board will consider the qualifications, credentials, and records of the applicants without regard to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, genetic information, physical or mental ability or disability, ancestry, political party preference, political belief, military status, socioeconomic status, pregnancy, or familial status.

The district will take affirmative action in major job categories where women, men, minorities, and persons with disabilities are underrepresented. Employees will support and comply with the district’s established equal employment opportunity and affirmative action policies. Employees will be given notice of this policy on an annual basis.

The board will appoint an affirmative action coordinator. The affirmative action coordinator will have the responsibility of drafting the affirmative action plan. The affirmative action plan will be reviewed by the board at least every two years.

Prior to final offer of employment, the school district will perform the background checks required by law. Based upon the results of the background checks, the school district will determine whether an offer will be extended. If the candidate is a teacher who has an initial license from the Board of Educational Examiners (BOEE), then the requirement for a background check is waived. The district will perform repeat background checks on the applicable employees as required by law.

Advertisements and notices for vacancies within the district will contain the following statement: “The Linn-Mar Community School District is an EEO/AA employer.” The statement will also appear on application forms.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Linn-Mar Equity Coordinators and/or Affirmative Action Coordinator in writing to:

Linn-Mar Community School District Equity Coordinators
Karla Christian, Chief Human Resources Officer
319-447-3036 / kchristian@Linnmar.k12.ia.us

Nathan Wear, Associate Superintendent
319-447-3028 / nathan.wear@Linnmar.k12.ia.us  

Affirmative Action Coordinator
Karla Christian, Chief Human Resources Officer
319-447-3036 / kchristian@Linnmar.k12.ia.us

Address: 3556 Winslow Road, Marion IA 52302
Fax: 319-403-8008

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and/or affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to either or both of the following:

Equal Employment Opportunity Commissions
Milwaukee Area Office - Reuss Federal Plaza
310 West Wisconsin Avenue, Suite 800
Milwaukee, WI 53203-2292
800-669-4000 or TTY 800-669-6820
Website: http://www.eeoc.gov/field/milwaukee/index.cfm

Iowa Civil Rights Commission
400 E 14th Street
Des Moines, IA 50319-1004
515-281-4121 or 800-457-4116
Website: http://www.state.ia.us/government/crc/index.html

An inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint to the local level.

Further information and copies of the procedures for filing a complaint are available in the district’s Human Resources office.

Adopted: 7/81
Reviewed: 12/11; 2/14; 9/14; 12/16; 4/23
Revised: 1/11; 4/13; 11/18; 4/20; 10/23; 2/24; 9/24
Related Policy: 400.1-E; 401.1; 403.11
Legal Reference (Code of Iowa): §§ 19B; 20; 35C; 73; 216; 279.8; 281 IAC 12.4; 95; HF672
IASB Reference: 401.01
Mandatory Policy

Persons interested in a position, other than administrative positions which will be employed in accordance with board policies in Series 300 (Administration), will have an opportunity to apply and qualify for positions in the school district without regard to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, genetic information, physical or mental ability or disability, ancestry, political party preference, political belief, military status, socioeconomic status, pregnancy, familial status, 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 will be considered on the basis of the following qualifications:

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

All job openings will be submitted to the Iowa Workforce Development for posting on IowaWORKS.gov, the online state job posting system. Additional announcements of the positions may occur in a manner which the superintendent [or designee] believes will inform potential applicants about the positions.

Applications for employment may be obtained and completed online using 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, however, will have the authority to employ:

1. Classified personnel upon the recommendation of the Chief Human resources Officer; and
2. Licensed personnel, on a temporary basis based on the recommendation of the Chief Human Resources Officer 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 school board regarding qualifications, recruitment, and selection of such employees.

Adopted: 6/70
Reviewed: 1/11; 2/14; 9/14; 12/16; 4/20; 4/23
Revised: 2/10; 12/11; 4/13; 4/16; 9/16; 8/24
Related Policy: 302.4; 303.1; 400.1-E
Legal Reference (Code of Iowa): §§ 20; 35C; 84A.6(4)(b); 216; 279.13
281 IAC 12; 282 IAC 14; 29 USC §§ 621-634; 42 USC §§ 2000e, 12101 et seq 
IASB Reference: 405.02; 411.02
Mandatory Policy

The Linn-Mar Community School District believes in taking appropriate measures to promote the health and welfare of all students. Any school employee, volunteer, contractor, or agent shall not assist another school employee, volunteer, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, volunteer, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law. Sexual misconduct means physical or sexual abuse of students including, but not limited to, sexual or physical relationships, grooming behavior, and otherwise inappropriate relationships with students.

This limitation does not apply if the matter has been properly reported to law enforcement and any other regulatory authorities required by law and either:

1. The matter has been officially closed by the law enforcement agency;
2. The individual is acquitted or otherwise exonerated of the alleged misconduct; or
3. More than four years has passed since the case was opened and no charges or indictment have been filed.

Adopted: 4/20
Reviewed: 4/23; 8/24
Reference (Iowa Code): §256; 281 IAC 12.3(14);
20 USC § 7926; Iowa House File 2487
IASB Reference: 401.06
Mandatory Policy

1. "Administrative and Supervisory Personnel" means any licensed employee such as superintendent, associate superintendent, assistant 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" means the Iowa Board of Educational Examiners (BOEE).
3. "Discipline" means the process of sanctioning a license, certificate, or authorization issued by the board.
4. "Ethics" means a set of principles governing the conduct of all persons governed by these rules.
5. "Fraud" means 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" means any license, certificate, or authorization granted by the board.
7. "Licensee" means any person holding a license, certificate, or authorization granted by the board.
8. "Practitioner" means 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" means a duty for which a person is accountable by virtue of licensure. 
10. "Right" means a power, privilege, or immunity secured to a person by law. 
11. "Student" means a person, regardless of age, enrolled in a pre-kindergarten through grade 12 school, who is receiving direct or indirect assistance from a person licensed by the board.
12. "Teacher" means any person engaged in the instructional program for pre-kindergarten through grade 12 students, 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/or child and dependent adult abuse. Violation of this standard includes:

1. Fraud: Means the same as defined in Rule 282 - 25.2(272).
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 will deny an application for licensure and will 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:
      1. Any of the following forcible felonies included in Iowa Code section 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping;
      2. Any of the following criminal, sexual offenses as provided in Iowa Code chapter 709 involving a child:
         • First-, second-, or third-degree sexual abuse committed on or with a person who is under the age of 18;
         • Lascivious acts with a child;
         • Assault with intent to commit sexual abuse;
         • Indecent contact with a child;
         • Sexual exploitation by a counselor;
         • Lascivious conduct with a minor;
         • Sexual exploitation by a school employee;
         • Enticing a mind under Iowa Code section 710.10; or
         • Human trafficking under Iowa Code section 710A.2;
      3. Incest involving a child as prohibited by Iowa Code section 726.2;
      4. Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code Section 728.2;
      5. Telephone dissemination of obscene material to minors as prohibited by Iowa Code section 728.15;
      6. 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); or
      7. 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:
      1. The nature and seriousness of the crime or founded abuse in relation to the position sought;
      2. The time elapsed since the crime or founded abuse was committed;
      3. The degree of rehabilitation which has taken place since the crime or founded abuse was committed;
      4. The likelihood that the person will commit the same crime or abuse again;
      5. The number of criminal convictions or founded abuses committed; and
      6. Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.
3. Sexual Involvement or Indecent Contact with a Student. Includes but is not limited to the following acts, whether consensual or nonconsensual: fondling or touching the inner thigh, groin, buttocks, anus, or breasts of 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.
4. 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).
5. Student Abuse. Licensees will maintain professional relationships with all students both inside and outside the classroom. The following acts or behaviors constitute unethical conduct without regard to the existence of a criminal charge or conviction:
   
   1. Committing any act of physical abuse of a student;
   2. Committing any act of dependent adult abuse on a dependent adult student;
   3. Committing or soliciting any sexual or otherwise indecent act with a student or any minor;
   4. Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student;
   5. Furnishing alcohol or illegal or unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal or unauthorized drugs in the presence of the licensee;
   6. Failing to report any suspected act of child or dependent adult abuse as required by state law; or
   7. 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 credits, staff development credits, 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. Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract, unless the practitioner provided notice to the practitioner’s employing board as set forth in subparagraph 25.3(5)”b”(2).
2. Abandoning a written professional employment contract without prior unconditional release by the employer.
3. 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.
4. As a practitioner, executing a written professional employment contract which requires the performance of duties that the practitioner is not legally qualified to perform.
   
   1. In addressing complaints based upon contractual obligations, the board will consider factors beyond the practitioner's control. For purposed 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; or
      2. The practitioner provided notice to the employing board no later than the latest of the following dates:
         • The practitioner's last workday of the school year;
         • The date set for return of the contract as specified in statue; or
         • June 30th.

25.3(6) Standard VI: Unethical Practice Toward Other Members of the Profession, Parents, Students, and the 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 student or creating conditions harmful to student learning.
4. Conducting professional business in such a way that the practitioner repeatedly exposes students or 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, socioeconomic 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 testing results, or family income. Licensees will 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.
19. Failure of an administrator to protect the safety of staff and students.
20. Failure of an administrator to meet mandatory reporter obligations.
21. Refusal of the practitioner to implement provisions of an Individualized Education Plan (IEP) or Behavioral Intervention Plan (BIP).
22. Habitual nonparticipation in professional development by the practitioner.

25.3(7) Standard VII: Compliance with State Law Regarding Obligations to State or Local Governments, 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 10 concerning child support obligations.
3. Failing to comply with a board order.

25.3(8) 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.
2. Willfully or repeatedly failing to practice with reasonable skill and safety.

Adopted: 4/16
Reviewed: 4/20
Revised: 9/16; 12/19; 4/23
Legal Reference (Code of Iowa): 279.8; 282 IAC 13
IASB Reference: 404.R(1)

The term “licensed personnel” means those employees required to possess professional teaching licenses issued by the Iowa Department of Education in order to hold their position as required by the Iowa Board of Educational Examiners or others with professional licenses.

Professional personnel will possess a license for the position they hold with the school district. The license will 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; 4/20; 4/23
Revised: 2/09
Related Policy: Series 401
Legal Reference (Code of Iowa): §§ 256.7(3); 272; 279.8; 281 IAC 12.4; 282 IAC 14
IASB Reference: 405.01

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 school board policies regarding such areas.

The superintendent [or designee] will make recommendations to the school board for the termination of licensed personnel.

Adopted: 6/70
Reviewed: 1/11; 12/11; 4/13; 9/14; 12/16; 4/20; 4/23
Revised: 2/09; 8/17
Related Policy: Series 401
Legal Reference (Code of Iowa): §§ 272; 279
IASB Reference: 405.04

The initial assignment of a licensed personnel to a position in a school and/or department of the district will 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 school board regarding assignment of such personnel.

Adopted: 6/70
Reviewed: 1/11; 12/11; 4/13; 9/14; 12/16; 4/20; 4/23
Revised: 11/05
Related Policy: Series 401
Legal Reference (Code of Iowa): § 279.8
IASB Reference: 405.06
Mandatory Policy

Adopted: 8/89
Reviewed: 1/11; 12/11; 4/13; 9/14; 12/16; 4/20; 4/23
Revised: 11/05; 3/23; 8/23
Related Policy: 401.14
Legal Reference (Code of Iowa): § 279.8, .74; 281 IAC 12.7; 83.6
IASB Reference: 408.01
Mandatory Policy

Evaluation of licensed personnel on their skills, abilities, and competence is 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, is to improve the educational program; to maintain licensed personnel who meet or exceed the board's standards of performance; to clarify the licensed employee's role; to ascertain the areas in need of improvement; to clarify the immediate priorities of the board; to develop a working relationship between the administrators and other personnel; and to maintain ethical practice and conduct.

The superintendent [or designee] will follow the requirements stated in the master agreement between personnel in the licensed collective bargaining unit and the school 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 is 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; 4/20; 4/23
Revised: 9/14
Related Policy: Series 401
Legal Reference (Code of Iowa): §§ 20.9; 279; 284; 294; 281 IAC 83; 12.3
IASB Reference: 405.08

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

Licensed employees who wish to be released from an executed contract must give at least 21 days notice to the Chief Human Resources Officer [or designee]. Licensed employees may be released at the discretion of the school board. Only in unusual and extreme circumstances will the school board release a licensed employee from a contract.

Licensed employees requesting release from a contact after it has been signed and before it expires may be required to pay the school board the cost of advertising or other reasonable administrative costs incurred to locate and hire a suitable replacement. Upon written mutual agreement between the employee and the Chief Human Resources Officer [or designee], and to the extent allowed by law, the costs may be deducted from the employee's salary. Payment of these costs is a condition for release from the contract at the discretion of the school board. Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.

Adopted: 6/70
Reviewed: 1/11; 12/11; 4/13; 12/16; 4/20
Revised: 9/14; 4/23; 10/23
Related Policy: Series 401
Legal Reference (Code of Iowa): §§ 91A(1); 91A.2, .3, .5; 216; 256; 279.13, .19A, .46
IASB Reference: 407.01-02

The Linn-Mar Board of Education may offer an early separation plan for licensed personnel serving in an assignment of .5 or greater time equivalency. Five-tenths to full-time personnel (.5 to 1.0 FTE) are those who are currently performing their assigned duties within the school district and who satisfy the definition of five-tenths to full-time personnel (.5 to 1.0 FTE) as outlined in the respective contracts and terms and conditions of employment.

ELIGIBILITY REQUIREMENTS

1. All licensed personnel
2. Five-tenths to full-time (.5 to 1.0 FTE)
3. At least 55 years of age
4. Completed a total of 20 years of service in position requiring licensure; 10 of which were for the Linn-Mar Community School District

Said personnel will qualify for incentives upon submitting to the school board written notification of intent for early separation no later than the date set by the board and, upon receiving information regarding the incentives related to early separation, submit an early separation request no later than the date set by the board of the last year of service. Packages are awarded based on overall seniority.

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.

COMPENSATION
Licensed personnel who elect to take early separation will be compensated when at least 20 years of service are satisfied after at least the age of 55 based on the recommendation of the administration and board approval.

INSURANCE

1. Licensed personnel who elect to take early separation pursuant to this policy are 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 are 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 will 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 are 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 school board will 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 will have the option to present their needs prior to the determination. The length of time for full payment will be determined in writing and the appropriate installments calculated before the first payment is made. If the payment plan determined by the school board is unsatisfactory, the licensed personnel may retract their early separation request.

RESTRICTIONS

1. Separation pay will not be granted to licensed personnel who are discharged for causes other than staff reduction; and
2. 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 a one lump sum payment. In the event no beneficiary is designated, the incentive will be paid to the individual’s estate in a one lump sum payment.

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

COMMUNICATION PROCESS
Following the school board’s annual decision regarding the offer of incentives, licensed personnel who are eligible and who have notified the board by the date set by the board of their intent to request early separation will receive a letter from the administration notifying them of the conditions offered by the board. These employees will respond no later than the date set by the board 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 will 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; 4/20; 4/23
Revised: 3/11; 9/14; 3/19; 2/24
Related Policy: Series 401
Legal Reference (Code of Iowa): §§ 97B; 216; 279.46; 281 IAC 21
IASB Reference: 407.06, 407.06-E(1)-E(3)

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 will not solicit students or parents of students to purchase equipment, supplies, or services for the employee’s personal advantage;
• Employees will not use professional relationships with students for private advantage;
• Public property or funds will not be converted to personal use;
• Employees will not render services for reimbursement directly from students enrolled in their classrooms or supervision for tutoring, lessons, personal coaching, or similar services; and
• Tutoring, lessons, personal coaching, or any other types of professional instructional and/or skill supports for a fee by non-employees cannot 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; 4/20; 4/23
Revised: 3/11; 9/14
Related Policy: 401.11-R
Legal Reference (Code of Iowa): §§ 20.7; 279.8
IASB Reference: 408.03

Qualifications:

1. Employees serving as a substitute teacher or on a temporary basis in the district will be licensed for the positions which they are to fill.
2. Every effort will be made to fill temporary positions with substitutes who have preparation equal to that of the regular, contracted licensed employees 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 district for more than 60 days of teaching in one assignment, the responsible building administrator will contact the Chief Human Resources Officer to review the documented need and benefit to the instructional program.

Compensation: The daily substitute rate will be established by the Board of Education.

• The daily rate will apply for substitute teachers during the first 10 days in the same assignment.
• On the 11^th consecutive day of service in the same assignment, the rate will become 1/191 of the BA base salary of the current schedule.
• On the 21^st consecutive day of service in the same assignment, the rate of pay will be $30.00 per hour. Such per diem salary will 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, contracted, licensed teacher (i.e., sick leave, etc.).

Adopted: 6/70
Reviewed: 12/11; 4/13; 12/16; 4/20; 4/23
Revised: 1/11; 9/13; 9/14
Related Policy: Series 401
Legal Reference (Code of Iowa): §§ 20.1, .4(5), .9; Ch 272;  281 IAC 12.4
IASB Reference: 410.01

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

The Linn-Mar Board of Directors will, through contracts, establish agreements with colleges and universities prior to placement of student teachers in district 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; 4/20; 4/23
Revised: 11/05

Professional credit programs are the in-service staff development activities for which licensed personnel may receive credits that may be applied to advancement on the district's salary schedule.

The evaluation of professional growth credits will 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's 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 1^st.

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; 4/20; 4/23
Revised: 9/14
Related Policy: Series 401
Legal Reference (Code of Iowa): §§ 20.1, .4, .7, .9; 279.8
IASB Reference: 406.01-03

Adopted: 7/79
Reviewed: 1/11; 12/11; 4/13; 4/23
Revised: 9/14; 12/16; 4/20; 10/22; 3/23; 8/23; 8/24
Related Policy: Series 401; 401.15-R; 505.52; 505.52-R
Legal Reference (Code of Iowa): §§ 232.67-77; 232A; 235A; 280.17; 441 IAC 9.2; 155; 175
IASB Reference: 402.02
Mandatory Policy

Licensed personnel will perform their assigned job, respect and follow school 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; 4/20; 4/23
Revised: 9/14
Related Policy: Series 401
Legal Reference (Code of Iowa): §§ 20.7, .24; 279.13, .15-19, .27
IASB Reference: 407.04

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

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

To qualify for full-time employment an employee must work a minimum of 30 hours per week. There are two classifications of full-time, classified personnel.

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

For benefits eligibility refer to district employee addendums or benefit summaries of non-union personnel.

Adopted: 6/70
Reviewed: 12/11; 4/13; 4/20
Revised: 9/14; 12/16; 4/23
Related Policy: Series 402
Legal Reference (Code of Iowa): §§ 20; 279.8
IASB Reference: 411.01

Adopted: 6/85
Reviewed: 12/11; 4/13; 12/16; 4/20
Revised: 1/11; 9/14; 4/23
Related Policy: Series 402
Legal Reference (Code of Iowa): §§ 20; 20.9; 35C; 216; 279.8; 294.1
IASB Reference: 411.05-06
Mandatory Policy

The superintendent [or designee] is 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; and
3. Serve as a development and career planning tool.

Supervisors of classified personnel will submit evaluations for classified personnel to the superintendent [or designee] in such a manner and at such times as may be determined by the school board and the superintendent.

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

Adopted: 6/70
Reviewed: 12/11; 4/13; 12/16; 4/20; 4/23
Revised: 9/14
Related Policy: Series 402
Legal Reference (Code of Iowa): §§ 20.9; 279.14; 281 IAC 12.3(3)
IASB Reference: 411.07

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 school board retains that same right. A written resignation signed by the classified employee will 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 school board.

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; 4/20; 4/23
Revised: 9/14
Related Policy: Series 402
Legal Reference (Code of Iowa): 91A.2-3, .5; 279.19A; 285.5(9)
IASB Reference: 413.01

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 school 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 school board policy and/or administrative regulations, or violation of the law.

Adopted: 6/70
Reviewed: 12/11; 4/13; 9/14; 4/20; 4/23
Revised: 5/01; 12/16
Related Policy: Series 402
Legal Reference: 20.7, .24
IASB Reference: 413.03-04

Adopted: 6/85
Reviewed: 12/11; 4/13; 12/16; 4/20
Revised: 9/14; 4/23
Related Policy: Series 402
Legal Reference (Code of Iowa): §§ 20.7, .24
IASB Reference: 413.05

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 will 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 will 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; 4/20; 4/23
Revised: 4/13

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. The bus driver is required to report each case of misconduct to the Transportation Manager.
2. Certain associates and secretaries are designated to deal with students in attendance and related matters.
3. In the absence of an administrator and when teachers are not present, the custodian has responsibility for the security and care of physical facilities.
4. When no licensed personnel are 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.
5. Direct supervision of students may be assigned by the building administrator.

Adopted: 6/70
Reviewed: 12/11; 4/13; 9/14; 12/16; 4/20; 4/23
Revised: 1/06

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 will 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 will 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-time 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; 4/20; 4/23
Revised: 2/10
Related Policy: Series 402
Legal Reference (Code of Iowa): §§ 20.1, .4, .7, .9; 279.8
IASB Reference: 412.01-02

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; and
• 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; 4/20; 4/23
Related Policy: Series 402
Legal Reference (Code of Iowa): §§ 279.8; 280.3, .14; 281 IAC 12.4(9); .5(9)
IASB Reference: 410.04

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; 4/20; 4/23

The Linn-Mar Community School District believes good health is important to job performance.

School bus drivers will successfully complete a physical examination by a physician or clinic designated by the district as the school 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. Drivers will be required to take a physical examination every other year and will meet all other medical and fitness requirements specified by state and federal transportation regulations.

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; 4/20; 4/23
Revised: 4/13; 3/17
Related Policy: Series 403
Legal Reference (Code of Iowa): §§ 20; 279.8; 321.376; 281 IAC 43.15; 43.17
IASB Reference: 403.01

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; 4/20; 4/23
Revised: 4/13
Legal Reference (Code of Iowa): 279.8
IASB Reference: 401.08

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 will be investigated and if substantiated disciplinary action will 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. They should then 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 witnesses. Initiating a complaint under this policy will not cause any negative impact on complainants or participants in the investigation nor will 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; 4/20; 4/23
Revised: 2/09

The school board expects the 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 will 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 will 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 administrators, directors, managers, or supervisors have reasonable cause to believe an employee has violated this policy they will immediately contact the superintendent or Chief Human Resources Officer who will determine if an investigation is warranted.  If an investigation is warranted the individual may be requested to complete and sign a 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 will 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 will be in accordance with prescribed 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; 4/20; 4/23
Revised: 2/09
Related Policy: 403.4-E
Legal Reference (Code of Iowa): §§ 123.46; 124; 279.8 
IASB Reference: 403.05; 403.05-R(1); 403.05-E(1)
Mandatory Policy

School district premises, including school vehicles, are off limits for smoking and the use of other tobacco products including the use of nicotine products that are not FDA approved for tobacco cessation as well as vaping with e-cigarettes or any electronic smoking device such as but not limited to: cigarettes, cigars, cigarillos, or pipes. 

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 are 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; 4/20; 4/23
Revised: 4/13; 9/14
Related Policy: 403.5-R
Legal Reference (Code of Iowa): §§ 142D; 279.8-9; 297
IASB Reference: 905.02

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 Human Resources Officer [or designee] will have the responsibility of distributing, collecting, and tabulating data from the exit comment forms and will process the information as appropriate.

Adopted: 6/77
Reviewed: 12/11; 9/14; 3/17; 4/20; 4/23
Revised: 1/11; 4/13

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 district employee will be entitled to family and medical leave (FMLA) 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 conditions that make the employee unable to perform the functions of the position of such employee; or
• 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 will 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 will 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 the 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 (FMLA) must comply with the family and medical leave (FMLA) 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; 4/20; 4/23
Revised: 4/13; 9/14
Related Policy: 403.7-R1-R2; 403.7-E1-E9
Legal Reference (Code of Iowa): §§ 20; 85; 216; 279.40; 29 USC §§ 2601 et seq; 29 CFR § 825 
IASB Reference: 409.03-409.03-E(2); 414.03-414.03-E(2)
Mandatory Policy

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; 4/20; 4/23
Revised: 5/01

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

It is 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 will 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; 4/20; 4/23
Revised: 1/06

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; 4/20; 4/23
Revised: 2/10

• 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 will 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 will be maintained by the Human Resources office. 

District personnel who will be instructing or otherwise working with students will disseminate information about the hazardous chemicals they will be working with as part of the instructional program.

Adopted: 8/89
Reviewed: 12/11; 4/13; 3/17; 4/20
Revised: 3/11; 9/14; 4/23
Legal Reference (Code of Iowa): 29 CFR Pt 1910; 1200 et seq; Chapters 88; 89B
IASB Reference: 403.04

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

The health risk to immunodepressed employees is determined by their personal physician. The health risk to others in the school district environment from the presence of an employee with a reportable communicable disease is determined on a case-by-case basis by public health officials.

Since there may be greater risk of transmission of a reportable communicable 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 will 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 communicable diseases are able to perform their assigned duties.

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

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

It is 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 communicable diseases.

Adopted: 6/89
Reviewed: 1/11; 12/11; 4/13; 3/17; 4/20; 4/23
Revised: 9/14
Related Policy: 504.2; 504.2-R
Legal Reference (Code of Iowa): 29 USC §§ 794, 1910; 42 USC §§ 12101 et seq; 45 CFR Pt 84.3; 139A; 141A; 641 IAC .1, .2, .7
IASB Reference; 403.03

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

Employee personnel records will 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 signed consent will employee personnel records be accessible to individuals other than the employee or authorized school officials.

Employees may have access to their personnel files [with the exception of letters of reference] and the ability to copy items from their personnel files. All requests for access to personnel files must be provided in writing to the Human Resources department. Upon receipt of a written request, the Human Resources department will schedule an appointment during normal office hours at a time mutually agreed upon between their office and the employee. The district may charge a reasonable fee for each copy made. 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 they may provide a written response to any document included. Written responses will be attached to the original document in the personnel file.

Personnel files are to be reviewed within the Human Resources department and not be taken outside of the Human Resources department. 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.

It is the responsibility of the superintendent [or designee] to keep employee personnel records current. The Human Resources department is the custodian of employee personnel records.

It is 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; 6/20; 4/23
Revised: 2/10
Related Policy: 403.16-R
Legal Reference (Code of Iowa): §§ 20-22; 91B
IASB Reference: 401.05

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 the employee personal or financial gain. No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the superintendent. If the approval of the superintendent is given, the employee must conduct the solicitations within the conditions set by the superintendent. Further, the superintendent may, upon five days notice, require the employee to cease such solicitations as a condition of continued employment.

Employees will not act as an agent or dealer for the sale of textbooks or other school supply companies doing business with the school district. Employees will not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or parents. Employees will not engage in outside work or activities where the source of information concerning the customer, client, or employer originates from information obtained because of the employee’s position in the school district.

It will also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee’s official duties and responsibilities. In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist will include but not be limited to any of the following:

1. The outside employment or activity involves the use of the school district’s time, facilities, equipment, and supplies or the use of the school district’s badge, uniform, business card or other evidence 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; or
• Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity. Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.

When procurement is supported by Federal Child Nutrition Funds, employees will not participate in the selection, award, or administration of a contract if there is a real or apparent conflict of interest in the contract. "Contract," for purposes of this paragraph, includes a contract where the employee, employee’s immediate family, partner, or non-school district employer of these individuals is a party to the contract.

It is the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.

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 the Human Resources office 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 Human Resources Officer who will determine if an investigation is warranted.

If an investigation is warranted, the individual may be requested to complete and sign a 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; 6/20; 4/23
Revised: 2/09
Related Policy: 403.17-E
Legal Reference (Code of Iowa): §§ 20.7; 68B; 279.8; 301.28
IASB Reference: 401.02

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 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 with questions about the drug and alcohol testing program may contact the Human Resources office (3556 Winslow Road, Marion, IA 52302 / 319-447-3053).

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 who violate the terms of this policy may be subject to discipline up to and including termination. The district is required to keep a record of all drug or alcohol violations by employees for a minimum of five years. Employees are put on notice that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse. Additionally, the district will conduct FMCSA Clearinghouse queries for employees annually. Employees must provide written consent for the district to conduct FMCSA Clearinghouse queries; however, employees who choose to withhold consent will be prohibited from performing any safety sensitive functions.

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; 4/23
Revised: 1/07; 8/17; 6/20; 9/24
Related Policy: 403.19-E1-E2
Legal Reference (Code of Iowa): §§ 124; 279.8; 321.375(2); 730.5
IASB Reference: 403.06

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 LMCSD Business Office (3556 Winslow Road, Marion, IA 52302).

Adopted: 6/70
Reviewed: 3/11; 12/11; 4/13; 9/14; 6/20; 4/23
Revised: 2/09; 8/17; 9/24
Legal Reference (Code of Iowa): Chapters 607.2-3 

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 Facebook, X, 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 will 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 policies, 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
• Extreme or 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/procedures
• Refusing to work with, communicate with, or speak to students or staff
• Failing to report injuries and/or 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/information (district, personnel, or student information)
• Using the 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/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 office
• 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 workday
• Being absent for two or more days without notification or permission (also referred to as voluntary quitting or job abandonment)
• Being absent without notification or permission
• Sleeping while on duty
• Negligence
• Not following district attendance procedures
• Violation of other rules or policies not specifically listed
• Being dishonest or uncooperative during district investigations

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 office 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; 6/20
Revised: 3/11; 4/13; 4/23
Related Policy: 403.35
Legal Reference (Code of Iowa): §§ 279.8; 282 IAC 13.25-26
IASB Reference: 404

The Linn-Mar Board of Directors recognizes that appropriate training and professional development of all employees is crucial to the success of all students. The district will provide professional development opportunities appropriate to the duties of school employees.

The board, superintendent, administrators, and managers expect all employees to participate in a professional 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 professional 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; and
• Evaluation of the results to the Board of Directors.

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

For all professional development programs the district requires employees to take, the district will provide to the employees notice indicating the section of law, or rules adopted by the State Board of Education or Board of Educational Examiners that the district determines requires the employee to participate in the professional development program.

Adopted: 7/99
Reviewed: 1/11; 12/11; 4/13; 9/14; 8/17; 6/20; 4/23
Revised: 3/06; 8/23
Related Policy: 401.7; 401.14; 403.8
Legal Reference: HF604
IASB Reference: 402.05

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 the 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 the 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; 6/20; 4/23
Revised: 12/11; 1/12; 4/13

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 policy of the Linn-Mar Community School District 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; 6/20; 4/23
Related Policy: 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

The board believes the primary responsibility of employees is to the duties of their position within the school district as outlined in their job descriptions. 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; 6/20; 4/23
Legal Reference (Code of Iowa): §§ 20.7; 279.8
IASB Reference: 402.06

Employees will not engage in political activity upon property under the jurisdiction of the Linn-Mar Community School District Board of Directors including the use of school district email accounts.

Activities include but are not limited to posting or distribution of political circulars or petitions, the collection of or solicitation for campaign funds, solicitation for campaign workers, general information regarding elections or ballot issues, and the use of students for writing or addressing political materials or the distribution of such materials to or by students are specifically prohibited.

Violation of this policy may be grounds for disciplinary action.

Adopted: 3/06
Reviewed: 1/11; 12/11; 4/13; 9/14; 8/17; 6/20; 4/23
Legal Reference (Code of Iowa): §§ 55; 279.8
IASB Reference: 401.09

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:

1. 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;
2. When an exempt employee is absent from work for one or more full days for personal reasons other than sickness or disability;
3. To offset compensation received when missing work for jury duty, attendance as a witness, or temporary military leave;
4. For disciplinary suspensions of one or more full days imposed in good faith for infractions of safety rules of major significance; and
5. 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 (FMLA). 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 workday the employee’s pay will be reduced or the employee will be placed on leave without pay in the following circumstances:

1. The employee has not sought permission to use paid leave for the partial-day absence;
2. The employee has sought permission to use paid leave for the partial-day absence and permission has been denied;
3. The employee’s accrued paid leave has been exhausted; or
4. The employee chooses to use leave without pay.

In each case in which an employee is absent from work for part of a workday, 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; and
• 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; 6/20; 4/23
Revised: 4/13; 8/24
Related Policy: 403.27-R; 403.27-E
Legal Reference: 29 USC Sec 2 13(a); 29 CFR Pt 541
IASB Reference: 706.03
Mandatory Policy

Computers, electronic devices, and other technology are powerful and valuable education and research tools and, as such, are an important part of the instructional program. In addition, the school district depends upon technology as an integral part of administering and managing the school district's resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies, and materials. This policy outlines the board's expectations in regard to these different aspects of the school district's technology resources. Students, staff, and volunteers must conduct themselves in a manner that does not disrupt the educational process and failure to do so may result in discipline, up to and including student discipline under all relevant district policies and discharge for employees.

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 Technology Services 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, other 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 department. An 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 this policy and Policy 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. 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. The school district reserves the right to access and view any material stored on school district equipment, within district-owned software, or any materials used in conjunction with the school district's network.

Employees with access to a school district computer will not:

1. Download software without approval from Technology Services. Software that is approved for downloading must be registered to the Linn-Mar Community School District.
2. Knowingly introduce a computer virus, worm, trojan horse, or any other contaminating or destructive features into the district’s computers.
3. Transmit copyrighted materials without permission. (Policy 603.14)
4. Download files from the Internet except for an express business purpose.
5. Transmit, forward, or download material that is offensive, abusive, pornographic, obscene, profane, discriminatory, harassing, insulting, derogatory, inflammatory, fraudulent, or otherwise unlawful.
6. 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.
7. Use artificial intelligence (AI) tools to access or create information that is discriminatory, constitutes bullying or harassment, share confidential or personally identifiable information of others, or access/create material that is harmful to minors, obscene, or child pornography.
8. Disseminate the district’s confidential information (such as student information, etc.) to any outside source without an express business purpose or authorization.
9. Gamble and/or participate in fantasy sport leagues.
10. Participate in instant messaging that is not related to the employee’s work.
11. Solicit non-district business or use district email or Internet for personal gain including outside employment, self-employment, and family-owned businesses.
12. Write or participate in blogs or other Internet-based collaboration software that injure, disparage, and/or defame the district, its students, staff, community, and/or its employees’ reputations by name or implication.
13. Receive or forward unsolicited emails that violate district policy.
14. 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.
15. Attempt to read, intercept, copy, or delete emails between other users.
16. Post or transmit any message anonymously, under a false name, or permit any other individual to do so.
17. Impersonate another person.
18. Collect information about others without their consent.
19. 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 [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; 6/20; 4/23
Revised: 1/11; 3/13; 9/14; 8/24
Related Policy: 403.29; 403.35; 603.12; 603.12-R1-R2; 603.12-E2; 603.13; 603.13-R; 603.14; 603.14-R; 603.16; 603.16-R
Legal Reference (Code of Iowa): §279.8; 282 IAC 25-26
IASB Reference: 605.08-R(1); 713; 713-R(1)

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; 6/20; 4/23
Revised: 2/10; 4/13; 11/16; 8/17
Legal Reference (Iowa Code): §§ 279.8; 321.276
IASB Reference: 401.12; 401.12-R(1)
Mandatory Policy

Employees of the district must notify Human Resources of any arrests, filing of any criminal charges, and the disposition of any criminal charges pending against them. Notification to Human Resources 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 Human Resources 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 will 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 will be treated and maintained as part of the employee’s confidential file.

The Chief Human Resources Officer will report all notifications to the superintendent who will 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; 6/20; 4/23
Legal Reference (Code of Iowa): §§ 232.68-69; 235A; 279.8; 280.17; 441 IAC § 152, 155, 175

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 [or designee] 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 their options to supplement and the employee elects to so supplement. A signed document indicating the employee’s options 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, 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; 6/20
Revised: 3/11; 9/14; 8/17; 4/23
Related Policy: 403.31-E
Legal Reference (Code of Iowa): §§ 85; 279.40; 613.17

The school board established the Employee Assistance Program (EAP) to provide professional, confidential assistance for any type of personal problems. 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; and
• 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; 6/20; 4/23

Adopted: 2/09
Reviewed: 1/11; 12/11; 4/13; 2/14; 9/14; 8/17; 6/20; 4/23
Revised: 10/23; 9/24

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 or 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, district equipment, etc.);
• Review of benefits status; and
• 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 as defined by district employee addendums. 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; 6/20
Revised: 9/14; 11/16; 8/17; 4/23

Electronic social networking sites will be used in accordance with board policies on bullying, harassment, work requirements, and conduct for the purpose of promoting learning and associated communication. All users of the school district’s technology resources will comply with this policy as well as others impacting the use of school equipment and facilities. Failure to comply may result in disciplinary action up to and including termination, as well as suspension and/or revocation of technology access privileges.

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

Usage of the school district’s technology resources is a privilege not a right and that use entails responsibility. District-owned technology and district-maintained social media and email accounts are the property of the school district. Therefore, users of the school district’s network must not expect, nor does the school district guarantee, privacy for email or use of the school district’s network including websites visited. The school district reserves the right to access and view any materials stored on school district equipment or any materials used in conjunction with the school district’s network.

For purposes of this policy, any website other than the school district’s website or district-sanctioned websites are considered external websites. All users will not post confidential or proprietary information including photographic images about the district, its employees, students, agents, or others on any external website without prior written consent of the superintendent [or designee]. All users will adhere to all applicable privacy and confidentiality policies adopted by the school district when on external websites. All users will not use district logos, images, iconography, etc., on external websites. Employees and volunteers should not connect with students via external websites without consent of the building level administrator.

Employees and volunteers who wish to connect with students through an Internet-based software application that is not district-approved must first obtain the prior written consent of the building administrator. At all times, no less than two licensed employees must have access to all accounts and interactions on the software application. Employees and volunteers who would like to start a social media site for school district sanctioned activities should obtain prior written consent from the superintendent.

Employees/volunteers will not use school district time or property on external sites that are not in direct relation to their jobs. All users need to realize that the Internet is not a closed system and anything posted on external sites may be viewed by others.

The superintendent [or designee] is responsible for administrative regulations on the use of social networking media.

Adopted: 3/11
Reviewed: 12/11; 4/13; 4/23
Revised: 9/14; 11/16; 8/17; 6/20; 8/24
Related Policy: Series 103; 403.21; 502.1; 603.12
Legal Reference (Code of Iowa): § 279.8; 282 IAC 25-26
IASB Reference: 713; 713-R(1)

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 define the safety and health responsibilities for all levels of employees within the district and provide a framework for measuring the risk management performance of all individuals within the district.

Responsibilities:

• Administration: The district’s administration is responsible for providing a safe and healthy workplace for employees. Administrators, managers, and/or 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/or supervisors will also provide performance evaluation guidelines and establish training materials, as needed, and will monitor them to ensure that the guidelines are met.
   
• Employees: Employee 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 responsibilities 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 the district’s Safety Committee.

• Accountabilities:
  • Provides timely advice and/or resources and reports to the superintendent to meet the safety management goals.

Human Resources:

• Responsibilities:
  • Implement the district’s 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 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 the superintendent.
  • Provide alternative duty jobs for employees injured on the job.
  • Direct insurance carrier/consultants loss control and claims services to meet the district’s’ risk management goals.

• Accountabilities:
  • Complete necessary safety and health projects.
  • Safety inspection recommendation compliance.
  • OSHA recordable injury and illness rates compared to district goals.
  • Safety contacts with employees to monitor the effectiveness of the program.
  • Ensure safety inspections are completed monthly.
  • Ensure 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 that the safe condition 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 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 behaviors to their administrator and make suggestions for their 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; 6/20
Revised: 9/14; 11/16; 8/17; 4/23
Related Policy: 403.37

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 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 the 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; 6/20; 4/23
Related Policy: 403.36

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 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 the 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 will:

• 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/or 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; 6/20; 4/23
Related Policy: 403.38-E

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

1. The Iowa Courts 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; and
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 will not charge an employee for the cost of the background registry checks required. The district will maintain documentation demonstrating compliance with the required background check procedures.

Adopted: 9/14
Reviewed: 8/17; 6/20; 4/23
Legal Reference (Code of Iowa): §§ 19B; 20; 35C; 73; 216; 279.8; 281 IAC 12.4; 95
IASB Reference: 401.01

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 conditions 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 Policy 403.40 Pregnancy Discrimination:

• 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; 6/20; 4/23
Legal Reference (Code of Iowa): § 281-95.3 (256); 29 CFR Part 1630; 161-8.26 (216);
ADA Amendments; EEOC Notice 915.003 7/14/2014; FLSA Section 4207

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 that the district’s Human Resources office receives advance written or verbal notice of 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. When 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 for 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 status. 

Upon return from military leave employees will be reinstated to the same or comparable job with the same seniority, pay, status, and benefits 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; 6/20; 4/23
Revised: 1/13; 9/16
Legal Reference (Code of Iowa): §§ 20; 29A.28

The board believes the district has an interest in maintaining an orderly and effective work environment while balancing employees First Amendment rights to freedom of expression and diverse viewpoints and beliefs. When employees speak within their official capacity, their expression represents the district and may be regulated. The First Amendment protects a public employee’s speech when the employee is speaking as an individual citizen on a matter of public concern. Even so, employee expression that has an adverse impact on district operations and/or negatively impacts an employee’s ability to perform their job for the district may still result in disciplinary action up to and including termination.

Employees who use social media platforms are encouraged to remember that the school community may not be able to separate employees as private citizens from their role within the district. Employee expression on social media platforms that interferes with the district’s operations or prevents the district from functioning efficiently and effectively may be subject to discipline up to and including termination.

A district employee who acts to protect a student for engaging in free expression or who refuses to infringe on students engaging in free expression and who is acting within the scope of their professional ethics will not be retaliated against or face any adverse employment action based on their behavior provided that expression is otherwise permitted by law and board policy.

If the Linn-Mar Board of Directors or the courts finds that an employee who is subject to licensure, certification, or authorization by the Board of Educational Examiners discriminated against a student or other co-employee, the school board will refer the employee to the Board of Educational Examiners for additional proceedings as required by law and which may result in discipline up to and including termination.

Adopted: 9/21
Reviewed: 4/23
Related Policy: 403.21; 403.35
Legal Reference (Code of Iowa): §§ 279.73-74; 280.22
IASB Reference: 401.14
Mandatory Policy