A.         District Employment Activities

Applies to aspects of the district’s employment programs, including but not limited to, recruitment, advertising, process of application for employment, promotion, granting of tenure, termination, layoffs, wages, job assignments, leaves of absence of all types, fringe benefits, training programs, employer-sponsored programs, including social or    recreational programs and any other term, condition or privilege of employment. Specifically, the following personnel employment practices are prohibited:

1. Tests.  Administration of any test or other criterion which has a disproportionately adverse effect on persons on the basis of sex unless it is a valid predictor of job success and alternative tests or criterion are unavailable;
    
2. Recruitment.  Recruitment of employees from entities which furnish as applicants only or predominately members of one sex, if such action has the effect of discriminating on the basis of sex;
    
3. Compensation.  Establishment of rates of pay on the basis of sex;
    
4. Job Classification.  Classification of jobs as being for males or females;
    
5. Fringe Benefits.  Provision of fringe benefits on basis of sex; all fringe benefit plans must treat males and females equally;
    
6. Marital and Parental Status.  Any action based on marital or parental status; pregnancies are considered temporary disabilities for all job-related purposes and shall be accorded the same treatment by the district as are all other temporary disabilities.  No inquiry shall be made by the district in job applications as to the marriage status of an applicant, including whether such applicant is "Miss or Mrs.”  But, inquiry may be made as to the sex of a job applicant for employment if made of applicants and is not a basis for discrimination.
    
7. Employment Advertising.  Any expression of preference, limitation, or specification based on sex, unless sex is a bonafide occupational qualification for the particular job in question.

B.         Policy Enforcement.  To ensure compliance with this policy, the Superintendent shall:

1. Designate a member of the administrative staff;
   a.  to coordinate efforts of the district to comply with this policy
   b.  to develop, and ensure the maintenance of a filing system to keep all records required under this policy;
   c.  to investigate any complaints of violations of this policy;
   d.  to administer the grievance procedure established in this policy; and
   e.  to develop affirmative action programs, as appropriate; and
    
2. Provide for the publication of this policy on an ongoing basis to students, parents, employees, prospective employees, and district employee unions or organizations, such publication to include the name, office address, and telephone number of the compliance administrator designated pursuant to this policy in paragraph B, 1 above.

C.         Grievance Procedure.  Any student or employee of this district who believes he/she has been discriminated against, denied a benefit, or excluded from participation, in any district education program or activity, on the basis of sex in violation of this policy, may file a written complaint with the compliance administrator designated in paragraph B, 1, of this policy above.  The compliance administrator shall cause a review of the written complaint to be conducted and a written response mailed to the complainant with ten (10) working days after receipt of the written complaint.  A copy of the written complaint and the compliance administrator’s response shall be provided each member of the Board of Education.  If the complainant is not satisfied with such response, he/she may submit a written appeal to the Board of Education indicating with particularity the nature of disagreement with the           response and his/her reasons underlying such disagreement.

            The Board of Education shall consider the appeal at its next regularly scheduled board meeting following receipt of the response.

            The Board of Education shall permit the complainant to address the Board in public or closed session, as appropriate and lawful, concerning his/her complaint and shall provide the complainant with its written decision in the matter as expeditiously as possible following completion of the hearing.

D.         Evaluation.  The superintendent shall present a report to the Board of Education in a public meeting on or about July, describing the district’s compliance with this policy during the previous year, which report can be the basis of an evaluation of the effectiveness of this policy by the Board of Education and a determination as to whether or not additional affirmative action is necessary in light of all the facts.

 

 

Legal Reference:  Code of Iowa

Adopted:         7/12/84
Reviewed:       4/12/2021

 

The Edgewood-Colesburg Community School District has an established policy of Equal Employment Opportunity and Affirmative Action with respect to race, religion, color, sex, age or national origin.  We expect the administration to fully accept the Equal Opportunity and Affirmative Action policy and to make certain that no employee or applicant for employment shall suffer any form of discrimination because of race, religion, color, sex, age or national origin.  In order to effectively communicate and interpret the district’s policy to all levels of the administration, and to all other employees, community and educational agencies, and the public in general, the following will be undertaken:

            A.         Dissemination of Policy

1.         Employees will be reminded annually of the district’s written statement of policy by:

a.          Description of policy by publication or reference is all issues or re-issues of personnel handbooks.

b.         When appropriate, publicize the Equal Employment Opportunity and Affirmative Action policy and such activities through news stories or other articles in district publications.

                                    c.          Detailed discussions at administrative conferences and staff meetings.

2.         Employment advertisements will contain assurance of equal employment opportunity.

3.         All employment and recruiting sources where jobs are listed by the district will be reminded of our policy, both verbally and in writing.                                 

4.         Notices will be posted on bulletin boards and in locations where applicants are interviewed.  These will inform employees and applicants of their rights under federal and state civil rights laws.

 

            B.         Responsibility for implementing the Equal Employment Opportunity and Affirmative Action Policy.

                        1.         Responsibility is assigned to the Affirmative Action Coordinator, who will render full assistance and support for those seeking help and assistance in taking
                                    affirmative action.

 

C.         Recruiting

1.         Additional emphasis will be given to seeking and encouraging applicants from minority groups, and women’s groups, where such applicants with the necessary qualifications or potentials are available.

 

D.         Training

1.         All training and in service programs supported or sponsored by the district will continue to be equally open to minority and female employees on the basis of
                        qualifications.

 

            E.         Hiring, Placement, Transfer, Layoff and Recall

1.         The district recognizes that to accomplish the long-range objectives of its Equal Employment Opportunity and Affirmative Action policy, continued affirmative action must be taken to ensure that job opportunities of all kinds are called to the specific attention of members of minority groups and that qualified members of minority groups should be offered positions on the same basis as all other applicants or employees.  To assure achievement of the objectives, the district will periodically review its practices in hiring job applicants.

 

            F.         Compensation          

                        1.         All employees, including women and minority group employees, will receive compensation in accordance with the same standards. Opportunities for performing
                                    overtime work or otherwise earning increased compensation will be afforded to all qualified employees without discrimination based on race, religion, color,
                                    sex, age or national origin.

 

            G.         General

1.         Not only in the above matters, but in all other areas of the employer-employee relationship, the district will continue to cooperate with minority groups because being fair is the best assurance that is not discriminating or creating the appearance of discrimination.

This Equal Employment Opportunity and Affirmative Action Program will be reviewed and updated annually.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action, including but not limited to complaints of discrimination, shall be directed to the Affirmative Action Coordinator by writing to the:

Superintendent of Schools
Affirmative Action Coordinator
Edgewood-Colesburg Community School District
P.O. Box 315
Edgewood, Iowa  52042

or by telephoning the Superintendent’s office at (563) 928-6411.

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, may also be directed in writing to the:

Director of the Region VII Office of Civil Rights
US Department of Education
310 W. Wisconsin, Ave., Suite 800
Milwaukee, Wisconsin  53203-2292
(414) 291-1111

or the

Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa  50309
(515) 281-4121

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

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

 

 

Adopted:        07/16/90
Reviewed:       4/12/2021

 

EMPLOYEE RECORDS REGULATION

Code No. 401.5R1

Employee Personnel Records Content

1.     Employee personnel records may contain the following information:

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

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

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

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

• The name and compensation of the individual, including any written agreement establishing compensation or any other terms of employment, except for that information that is otherwise protected. “Compensation” includes the value of benefits conferred including, but not limited to: casualty, disability, life or health insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments, retirement benefits and deferred compensation;
• The dates the individual was employed by the government body;
• The positions the individual holds or has held with the government body;
• The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual’s previous employers, positions previously held and dates of previous employment;
• The fact that the individual resigned in lieu of termination, was discharged, or was demoted as a result of a disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion.  “Demoted” or “demotion” mean a change of an employee from a position in a given classification to a position in a classification having a lower pay grade; and;
• Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to the Family Educational Privacy Rights Act (FERPA.)

Applicant File Records Content

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

• Application for employment.
• Resume.
• References.
• Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.
• Affirmative action form, if submitted.

Record Access

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

 

Adopted:         05/15/00

Reviewed:       06/19/2023

Revised:          06/19/2023

• Using the network for commercial activity, including advertising, or personal gain.
• Infringing on any copyrights or other intellectual property rights, including copying, installing, receiving, transmitting or making available any copyrighted software on the school district computer network. See Policy 605.7, Use of Information Resources for more information.
• Using the network to receive, transmit or make available to others obscene, offensive, or sexually explicit material

• Using the network to receive, transmit or make available to others messages that are racist, sexist, and abusive or harassing to others.
• Use of another’s account or password.
• Attempting to read, delete, copy or modify the electronic mail (e-mail) of other system users.
• Forging or attempting to forge e-mail messages.
• Engaging in vandalism. Vandalism is defined as any malicious attempt to harm or destroy school district equipment or materials, data of another user of the school district’s network or of any of the entities or other networks that are connected to the Internet. This includes, but is not limited to, creating and/or placing a virus on the network.
• Using the network to send anonymous messages or files.
• Revealing the personal address, telephone number or other personal information of oneself or another person.
• Intentionally disrupting network traffic or crashing the network and connected systems.
• Installing personal software or using personal technology on the school district’s technology and/or network without the permission of the technology director.
• Using the network in a fashion inconsistent with directions from teachers and other staff and generally accepted network etiquette.

Other Technology Issues

Employees with personal cell phones should avoid using their phones for school district business. Employees should contact students and their parents through school district technology or phone system unless in the case of an emergency or with prior consent of the principal. Employees should not release their cell phone number, personal e-mail address, etc. to students or their parents. Employees, who are coaches or sponsors of activities, may create a text list of students and parents in order to communicate more effectively as long as the texts go to all students and the principal is included in the text address list.

 

 

Adopted:         02/17/2020
Reviewed:      04/12/2021      
Revised:          04/12/2021

 

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

The law further specifies that a licensed employee who knowingly or willfully fails to report a suspected case of child abuse is guilty of a simple misdemeanor and that the licensed employee may be subject to civil liability for damages caused by the failure to report.

Employees participating in good faith in the making of a report or in a judicial proceeding that may result from the report, are immune from liability.

Child Abuse Defined

“Child abuse” is defined as:

• Any non-accidental physical injury, or injury which is at variance with the history given of it, suffered by a child as the result of the acts or omissions of a person responsible for the care of the child.
• The commission of a sexual offense with or to a child. . . as a result of the acts or omissions of the person responsible for the child . . . Sexual offense includes sexual abuse, incest, and sexual exploitation of a minor.
• The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing or other care necessary for the child’s welfare when financially able to do so. A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child. . .
• The acts or omissions of a person responsible for the care of a child which allow, permit or encourage the child to engage in acts prohibited pursuant to Iowa Code, section 725.1 which deals with prostitution.

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

Reporting Procedures

Licensed employees, including teachers and school nurses, are required to report, either orally or in writing, within twenty-four (24) hours to the Iowa Department of Human Services (DHS) when the employee reasonably believes a child has suffered from abuse within the scope of employment. Within forty-eight (48) hours of an oral report, a written report must be filed with DHS.

Each report should contain as much of the following information as can be obtained within the time limit. However, the law specifies a report will be considered valid even if it does not contain all of the following information:

• name, age, and home address of the child;
• name and home address of the parents, guardians or other persons believed to be responsible for the care of the child;
• the child’s present whereabouts if not the same as the parent’s or other person’s home address;
• description of injuries, including evidence of previous injuries;
• name, age, and condition of other children in the same home;
• any other information considered helpful; and,
• name and address of the person making the report.

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

 

 

Adopted: 07/12/84
Reviewed: 04/12/21

 

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

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

Student’s name and address:__________________________________________________
________________________________________________________________________
________________________________________________________________________

Student’s telephone number: _________________________________________________

Student’s attendance center: _________________________________________________

Name and place of employment of employee accused of abusing student: ______________
________________________________________________________________________

Allegation is of _____physical abuse _____sexual abuse*

Please describe what happened. Include the date, time and where the incident took place, if known. If physical abuse is alleged, also state the nature of the student’s injury:

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

Where there any witnesses to the incident or are there student or persons who may have information about this incident? _____yes _____no

If yes, please list by name, if known, or classification (for example: “third grade class,” “fourth period geometry class”):_____________________________________
__________________________________________________________________

Parents of children who are in pre-kindergarten through sixth grade and whose children are the alleged victims of or witnesses to sexual abuse have the right to see and hear any interviews of their children in this investigation. Please indicate “yes” if the parent/guardian wishes to exercise this right:

_____Yes _____No Telephone No._______________________________

Has any professional person examined or treated the student as a result of the incident?

_____Yes _____No _____Unknown

If yes, please provide the name and address of the professional(s) and the date(s) of examination or treatment, if known: ________________________________________________________________________
________________________________________________________________________

Has anyone contacted law enforcement about this incident? _____Yes _____No

Please provide any additional information you have which would be helpful to the investigator. Attach additional pages if needed.

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

 

Your name, address and telephone number: _____________________________________

Relationship to student: ____________________________________________________

_____________________________ _____________________________
Complainant Signature                        Witness Signature

Date______________ _______________________
                                               Witness Name (please print)
                                               _________________________
                                               _________________________
                                                Witness Address

Be advised that you have the right to contact the police or sheriff’s office, the county attorney, a private attorney, or the State Board of Educational Examiners (if the accused is a licensed employee) for investigation of this incident. The filing of this report does not deny you that opportunity.

You will receive a copy of this report (if you are the named student’s parent or guardian) and a copy of the Investigator’s Report within fifteen (15) calendar days of filing this report unless the investigation is turned over to law enforcement.

 

Reviewed: 04/12/21

 

Report of Level I Investigation

Student’s name: ________________________________________________

Student’s age: ____________Student’s grade: _______________

Student’s address: _______________________________________________

Student’s attendance center: _______________________________________

Name of accused school employee: __________________________________

Building: _____________________________________________________

Name and address of person filing report: ______________________________________
_______________________________________________________________________

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

Date report of abuse was filed: ___________________________

_____Physical abuse _____Sexual abuse*

 

Describe the nature, extent and cause of the student’s injury, if any and if known: (attach additional pages if needed). _______________________________________________

 

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

*Were parent(s) or guardian(s) advised of their right to see and hear any interview of their pre-kindergarten through sixth grade children who are alleged victims of or a witness in a sexual abuse investigation? _____Yes _____No
Was the right exercised? _____Yes _____No

Were audio tapes made of any interview? _____Yes _____No

Were video tapes made of any interviews? _____Yes _____No

Was any action taken to protect the student during or as a result of the investigation?
_____Yes _____No If yes, describe:______________________________________
_______________________________________________________________________
_______________________________________________________________________

_____student excused from school
_____school employee place on administrative or other leave
_____student assigned to different class
_____other (please specify)

 

Level I investigator’s conclusions:
_____The complaint is being dismissed for lack of jurisdiction.
_____Physical abuse was alleged, but no allegation of injury was made.
_____Physical abuse was alleged, but no evidence of physical injury exists and the nature of the alleged incident makes it unlikely an injury, s defined in the rules,
          occurred.
_____Sexual abuse was alleged, but the alleged actions of the school employee, even if true, would not meet the definition of sexual abuse in the rules.
_____Alleged victim was not a student at the time of the incident.
_____Alleged school employee is not currently employed by this school district.
_____Alleged incident did not occur on school grounds, on school time, at a school- sponsored activity, not in a school-related context.
_____The complaint has been investigated and concluded at Level I as unfounded.
_____Complaint was withdrawn.
_____Insufficient evidence exists that an incident of abuse, as defined in the rules, took place.
_____The complaint has been investigated at Level I and is founded.
_____The investigation is founded at Level I and is being turned over to Level II for further investigation.
_____Investigation of the complaint was deferred at Level I and referred to law enforcement at this time.
_____The investigation is concluded at Level I because the accused school employee has admitted the violation, has resigned, or has agreed to relinquish any
          teaching license held.

Current status of investigation:
_____Closed. No further investigation is warranted.
_____Closed and referred to school officials for further investigation as a personnel matter.
_____Deferred to law enforcement officials.
_____Turned over to Level II investigator.

Other comments:__________________________________________________________ _______________________________________________________________________
_______________________________________________________________________

I have given a copy of the report of abuse and of this investigative report to the employee named in the report, the employee’s supervisor, and the student’s parent or guardian and informed the person filing the report of the options of contacting law enforcement, private counsel, or the State Board of Educational Examiners, if the accused school employee holds an Iowa teacher’s certificate or license.

____________________________________ ______________________________
Name of investigator (please print) Investigator’s place of employment

____________________________________ ______________________________
Signature of investigator Date

 

An individual who has knowledge an employee has physically or sexually abused a student may immediately report it to the building principal who is the school district’s Level I investigator for that building. “Employee” means one who works for pay or as a volunteer under the direction and control of the school district. The report shall be written, signed and witnessed by a person of majority age. The witness may be the Level I investigator. The reporter is the individual filing the report. The report shall contain the following:

• The full name, address, and telephone number of the person filing.
• The full name age, address, and telephone number, and attendance center of the student.
• The name and place of employment of the employee who allegedly committed the abuse.
• A concise statement of the facts surrounding the incident, including date, time, and place of occurrence, if known.
• A list of possible witnesses by name, if know.
• Names and locations of persons who examined, counseled or treated the student for the alleged abuse, including the dates on which those services were provided, if known.

Upon request, the Level I investigator may assist the reporter in completing the report. An incomplete report shall not be rejected unless the missing information would render the investigation futile or impossible. An employee receiving a report of alleged abuse of a student by an employee shall pass the report to the investigator and shall keep the report confidential to the maximum extent possible. In performing the investigation, the investigator shall have access to the educational records of the alleged student victim as well as access to the student for interviewing purposes.

In order for the school district to have jurisdiction over the acts and to constitute a violation of the law, acts of the employee must be alleged to have occurred on school grounds, on school time, at a school-sponsored activity, or in a school-related context. However, the student need not be a student in the school district. The student can be from another school district. To be investigable, the written report must include basic information showing that the victim of the alleged abuse is or was a student at the time of the incident, that the alleged act of the employee resulted in injury or otherwise meet the definition of abuse in these rules, and that the person responsible for the act is currently an employee. If the report is not investigable due to lack of jurisdiction, the investigator shall dismiss the complaint and inform the reporter of other options available. Other options available to the reporter include contacting law enforcement authorities, private counsel, or the Board of Educational Examiners in the case of a licensed employee.

If the Level I investigator believes the student is in imminent danger if continued contact is permitted between the employee and the student, the Level I investigator may:
• temporarily remove the student from contact with the employee;
• temporarily remove the employee from service; or,
• take other appropriate action to ensure the student’s safety.

The Level I investigator shall have access to the educational records of the student and access to the student for purposes of interviewing the student about the report.

 

Physical Abuse Allegations

When physical abuse is reported, the Level I investigator shall make copies of the report and give a copy to the person filing the report, the student’s parents and the immediate supervisor of the employee named in the report. The employee named in the report shall not receive a copy of the report until the employee is initially interviewed.

The Level I investigator shall use discretion in handling the information received regarding an investigation of abuse by an employee, and those persons involved in the investigation shall not discuss information regarding the complaint outside the investigation. The entire investigative procedure will be thoroughly explained, including the confidential nature of the proceedings, to the student and other persons involved in the investigation.

Within five (5) days of receipt of an investigable report, the Level I investigator shall complete an informal investigation. The informal investigation shall consist of interviews with the student, the employee and others who may have knowledge of the allegations in the report are founded and that immediate and professional investigation is necessary, the Level I investigator may defer further investigation and contact appropriate law enforcement officials, the student’s parents and the person filing the report. Within fifteen (15) days of receipt of the report, the Level Investigator shall complete a written investigative report, unless the investigation was temporarily deferred.

The written investigative report shall include:
1. The name, age, address and attendance center of the student named in the report.
2. The name and address of the student’s parent or guardian and the name and address of the person filing the report, if different from the student’s parent or
    guardian.
3. The name and work address of the employee named in the report as allegedly responsible for the abuse of the student.
4. An identification of the nature, extent and cause, if known, of any injuries or abuse to the student named in the report.
5. A general review of the investigation.
6. Any actions taken for the protection and safety of the student.
7. A statement that, in the investigator’s opinion, the allegations in the report are either
     • Unfounded. (It is not likely that an incident, as defined in these rules, took place), or
     • Founded. (It is likely that an incident took place.)
8. The disposition or current status of the investigation.
9. A listing of the options available to the parents or guardian of the student to pursue the allegations. These options include, but are not limited to:
     • Contacting law enforcement officials.
     • Contacting private counsel for the purpose of filing a civil suit or complaint.
     • Filing a complaint with the board of educational examiners if the employee is a licensed employee.

The investigator shall retain the original and provide a copy of the written investigative report to the school employee named in the report, the employee’s supervisor and the student’s parent or guardian. The person filing the report, if not the student’s parent or guardian, shall be notified only that the Level I investigation has been concluded and of the disposition or anticipated disposition of the case.

It is the responsibility of the Level I investigator to determine whether it is more likely than not that an incident of abuse as defined in the rules took place between the student and employee. The Level I investigator does not make the determination of whether the use of physical contact was appropriate or whether any of the exceptions apply. That is the responsibility of the Level II investigator. Upon completion of the report, if the Level I investigator determines the allegations of physical abuse are founded and serious, the Level I investigator shall notify law enforcement authorities. If the allegations are founded but the physical abuse is not of a serious nature, the Level I investigator shall refer the case on to the Level II investigator.

The Level II investigator shall review the Level I investigator’s final investigative report and conduct further investigation. The Level II investigative report shall state the conclusion as to the occurrence of the alleged incident, the applicability of exceptions, the reason for the contact or force used, and recommendations regarding the need for further investigation. In determining the applicability of the exceptions or the reasonableness of the contact or force used, the Level II investigator will use the following definitions:

a. Using reasonable and necessary force, not designed or intended to cause pain:
(1) To quell a disturbance or prevent an act that threatens physical harm to any person.
(2) To obtain possession of a weapon or other dangerous object within a pupil’s control.
(3) For the purposes of self-defense of defense of others as provide for in Iowa Code § 704.3.
(4) For the protection of property as provided for in Iowa Code §§ 704.4,.5.
(5) To remove a disruptive pupil from class, or any area of school premises from school-sponsored activities off school premises.
(6) To prevent a student from the self-infliction of harm.
(7) To protect the safety of others.

b. Using incidental, minor, or reasonable physical contact to maintain order and control.

In determining the reasonableness of the contact or force used, the following factors shall be considered:
a. The nature of the misconduct of the student, if any, precipitating the physical contact by the school employee.
b. The size and physical condition of the student.
c. The instrumentality used in making the physical contact.
d. The motivation of the school employee initiating the physical contact.

“Reasonable force” is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can
include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one’s life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat.

Upon completion of the Level II investigation, the Level I investigator shall forward copies of the Level II investigative report to the employee, the employee’s immediate supervisor and the student’s parent. The Level I investigator shall notify the person filing the report of the current status of the case.
If the Level II investigator’s report or law enforcement officials conclude abuse occurred, or the employee admits the violation, or the employee has surrendered the employee’s certificate or license, the Level I investigator shall file a complaint with the State Board of Educational Examiners. The Level I investigator shall also arrange for counseling services for the student if the student or student’s parents request counseling services.

 

 

Sexual Abuse

Sexual abuse is defined as including sexual acts involving a student, acts that encourage the student to engage in prostitution, as well as inappropriate, intentional sexual behavior or sexual harassment by the employee toward a student. “Sexual harassment” is defined as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when:

1. Submission to the conduct is made either implicitly or explicitly a term or condition of the student’s education or benefits;
2. Submission to or rejection of the conduct is used as the basis for academic decisions affecting that student; or
3. The conduct has the purpose or effect of substantially interfering with a student’s academic performance by creating an intimidating, hostile or offensive education environment.

When sexual abuse is reported, the Level I investigator shall make copies of the report and give a copy to the person filing the report, the student’s parents and the immediate supervisor of the employee named in the report. The employee named in the report shall not receive a copy of the report until the employee is initially interviewed. The designated investigator shall not interview the school employee named in a report of sexual abuse until after a determination is made that jurisdiction exists, the alleged victim has been interviewed and a determination made that the investigation will not be deferred.

The investigator shall notify the parent, guardian or legal custodian of a student in pre-kindergarten through grade six, of the date and time of the interview and of the right to be present or to see and hear the interview or send a representative in the parent’s place. The Level I investigator shall interview the student as soon as possible, in no case later than five (5) days from the receipt of a report or notice of the allegation of sexual abuse. The Level I investigator may record the interview electronically.

The Level I investigator shall exercise discretion in the investigative process to preserve the privacy interests of the individuals involved. To the maximum extent possible, the investigator shall maintain the confidentiality of the report.
It is the responsibility of the Level I investigator to determine whether it is more likely than not that an incident took place between the employee and the student. If the Level I investigator believes the employee committed a sex act with a student or sexually exploited a student, the Level I investigator shall defer the Level I investigation and immediately notify law enforcement officials, the student’s parents and the person filing the report.

If the Level I investigator determines an incident occurred, while not an illegal sex act with a student or sexual exploitation of a student, but where the employee engaged in inappropriate, intentional sexual behavior, further investigation is warranted. If further investigation is warranted, the Level I investigator may proceed to interview the employee and other individuals who may have knowledge of the circumstances contained in the report. Prior to interviewing other individuals who may have knowledge of the circumstance contained in the report, the Level I investigator shall provide notice of the impending interview of student witnesses or the student who is in pre-kindergarten through grade six, to their parent, guardian, or legal custodian, and may provide notice to the parent or guardian of older students, prior to interviewing those students. The Level I investigator shall if founded, arrange for the Level II investigator to further investigate the allegations.

Within fifteen (15) days of receipt of the report or notice of alleged sexual abuse, the Level I investigator shall complete a written investigative report unless the investigation was temporarily deferred. The written investigative report shall include:

1. The name, age, address and attendance center of the student named in the report.
2. The name and address of the student’s parent or guardian and the name and address of the person filing the report, if different from the student’s parent or
    guardian.
3. The name and work address of the school employee named in the report as allegedly responsible for the abuse of the student.
4. An identification of the nature, extent and cause, if know, of any injuries or abuse to the student named in the report.
5. A general review of the investigation.
6. Any actions taken for the protection and safety of the student.
7. A statement that, in the investigator’s opinion, the allegations in the report are either:
     • Unfounded. (It is not likely that an incident, as defined in these rules, took place), or
     • Founded. (It is likely that an incident took place.)
8. The disposition or current status of the investigation.
9. A listing of the options available to the parents or guardian of the student to pursue the allegations. These options include, but are not limited to:
     • Contacting law enforcement officials.
     • Contacting private counsel for the purpose of filing a civil suit or complaint.
     • Filing a complaint with the board of educational examiners if the school employee is licensed.

The investigator shall retain the original and provide a copy of the investigative report to the school employee named in the report, the school employee’s supervisor and the named student’s parent or guardian. The person filing the report, if not the student’s parent or guardian, shall be notified only that the Level I investigation has been concluded and of the disposition or anticipated disposition of the case.

If the allegations are founded, the Level I investigation shall refer the case to the Level II investigator. The Level II investigator shall review the Level I investigator’s final investigative report and conduct further investigation if necessary. The Level II investigative report shall state conclusively as to the occurrence of the alleged incident, conclusively as to the nature of the sexual abuse and recommendations regarding the need for further investigation. Upon completion of the Level II investigation, the Level I investigator shall forward copies of the Level II investigative report to the employee, the employee’s immediate supervisor and the student’s parent. The Level I investigator shall notify the person filing the report of the current status of the case.

If the Level II investigator’s report or law enforcement officials conclude sexual abuse occurred, or the employee admits the violation, or the employee has surrendered the employee’s certificate or license, the Level I investigator shall file a complaint on behalf of the district after obtaining the superintendent’s signature with the State Board of Educational Examiners. The Level I investigator shall also arrange for counseling services for the student if the student or student’s parents request counseling services.

In cases involving founded physical or sexual abuse by a licensed employee, the board shall notify the Board of Educational Examiners. Information of unfounded abuse at Level I or Level II shall not be kept in the employee’s personnel file. If the Level I investigative report is founded but Level II is unfounded, the Level I report shall be removed from the employee’s permanent file.

It shall be the responsibility of the board to annually identify a Level I and Level II investigator. The board shall also designate annually an alternate Level I investigator, preferably of the opposite sex of the designated Level I investigator, to whom reports may also be made. The names and telephone numbers of the Level I investigator and the alternate Level I investigator shall be included in employee handbooks, student handbooks, annually published in the local newspaper, and prominently displayed in all school buildings.

 

 

Adopted: 11/20/89
Reviewed: 04/12/21

 

Code No.  402.5
REQUIRED PROFESSIONAL DEVELOPMENT FOR EMPLOYEES

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.  

For all professional development programs the district requires employees to take, the district will provide to the employee notice indicating the section of the 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. 
 

Cross Reference: 302.6 Superintendent Professional Development

303.7 Administrator Professional Development

408.1 Licensed Employee Professional Development
 

Adopted: 08/15/2023

Reviewed:

Revised:

 

Communicable Diseases-Employees-Regulation

Code No. 403.3R1

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

Hand Washing

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

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

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

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

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

Barriers

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

Disposal of Waste

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

Clean up

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

•           Wear gloves.

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

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

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

•           Clean and disinfect reusable supplies and equipment.

Laundry

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

Exposure

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

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

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

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

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

 

I.C. Iowa Code :Iowa Code  § 139A, § 141A,641 I.A.C.,29 U.S.C. §§ 794, 42 U.S.C. § 12101,45 C.F.R. Pt. 84.3     Public Welfare - Nondiscrimination on Basis of Handicap/Programs

Cross References: 401.05          Employee Records401.05-R(1)  Employee Records  - Regulation

403.01  Employee Physical Examinations

507.03  Communicable Diseases - Students

907       District Operation During Public Emergencies

907-R(1)           District Operation During Public Emergencies - Regulation

 

Adopted:  06/26/2023

Reviewed:

Revised:

EMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace policy for an employee to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcohol, as defined in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 and Iowa Code Chapter 204.

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

The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy up to and including termination.  If the employee fails to successfully participate in such a program the employee is subject to discipline up to and including termination.

EMPLOYEES ARE FURTHER NOTIFIED it is a condition of their continued employment that they comply with the above policy of the school district and will notify their supervisor of their conviction of any criminal drug statute for a violation committed in the workplace, no later than five days after the conviction.

---------------------------------------------------------------------------------------------------------------------

 

 

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

 

 

 

 

(Signature of Employee)

(Date)

 

 

Adopted:        11/20/89
Reviewed:      05/17/21
Revised:          12/17/07

 

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

1. Identification - the superintendent shall document the evidence the superintendent has which leads the superintendent to conclude the employee has violated the Substance-Free Workplace policy.  After the superintendent has determined there has been a violation of the Substance-Free Workplace policy, the superintendent shall discuss the problem with the employee.
    
2. Discipline - if, after the discussion with the employee, the superintendent determines there has been a violation of the Substance-Free Workplace policy, the superintendent may recommend discipline up to and including termination and/or may recommend the employee seek substance abuse treatment.  Participation in a substance abuse treatment program is voluntary.
    
3. Failure to Participate in Referral - if the employee refuses to participate in a required substance abuse treatment program or if the employee does not successfully complete a required substance abuse treatment program, the employee may be subject to discipline up to and including termination.
    
4. Conviction - if an employee is convicted of a criminal drug offense committed in the workplace, the employee must notify the employer of the conviction within five (5) days of the conviction.

 

 

Adopted:        03/15/99
Reviewed:       05/17/21

 

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

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

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

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination.  Should the board not seek termination, the 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 may be subject to discipline up to and including termination.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.

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

 

 

Adopted:         07/23/12
Reviewed:       05/17/21
Revised:          02/17/2020

 

I,  ____________________________, (Name of Employee), have received a copy, read and understand the Drug and Alcohol Testing Program policy of the ________________________ School District and its supporting documents.                 

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents or the law, I may be subject to discipline up to and including termination.

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

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

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

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

 

__________________________________________________               ________________________
(Signature of Employee)                                                                                                (Date)

 

 

Adopted:         07/23/12
Reviewed:       05/17/21

 

I,   _________________________, understand that as part of my employment in a position that requires a commercial driver’s license in the Edgewood-Colesburg Community School District, I grant consent for the District to conduct queries of the Federal Motor Carrier Safety Administration (“FMCSA”) Commercial Driver’s License Drug and Alcohol Clearinghouse to determine whether drug or alcohol violation information about me exists in the Clearinghouse.  I further consent to the District sharing information related to my drug and alcohol testing results with prior, current and future employers, as well as the FMCSA Clearinghouse in accordance with state and federal laws. 

I understand that the District will check and perform queries of my drug and alcohol testing results prior to my employment in any position which requires the use of a commercial driver’s license.  I further understand the District will check and perform queries of my testing results annually and is required to report any drug and alcohol violations of this policy to the FMCSA Clearinghouse. 

I understand that I am not required to consent to the query of the FMCSA Clearinghouse or the District sharing of drug and alcohol testing information with past, present or future employers or the FMCSA Clearinghouse; but that without my consent I understand I will be prohibited from performing safety sensitive functions, including driving a commercial motor vehicle, as required by FMCSA’s drug and alcohol program regulations. 

I hereby give my consent to the District to perform queries of the FMCSA Clearinghouse and share my drug and alcohol testing results with past, present and future employers, as well as the FMCSA Clearinghouse.

                               

__________________________________________________               ________________
(Signature of Employee)                                                                                                (Date)

 

Adopted: 7/14/2019
Reviewed: 5/17/2021
Revised:

 

The district shall provide all employees with an in-service on the Iowa Teaching Standards, criterion, and any district-adopted descriptors prior to the district’s implementation of the Individual Professional Development Plans (IPDP) and/or Performance Reviews. The district will provide help to any employee who does not fully understand any part of the Individual Professional Development Plan. This in-service will be conducted within the first month of the school year.

The Individual Professional Development Plan is designed for all career teachers in the district. The IPDP and the District Professional Development Plan will be very closely aligned and be based upon the individual needs of the teacher, the Iowa Teaching Standards, and the student achievement goals of the attendance center and the school district (CSIP). Plans that do not meet this requirement will be considered only in special circumstances.

Each career teacher shall draft an individual or group career development plan by September 19 of the school year following the conclusion of his/her previous plan. The evaluator will meet with the teacher to review, modify and approve the plan.

Modification of the plan can be made at any time by the administrator or by mutual agreement. The evaluator and teacher will also meet for an annual conference to review progress on a multi-year plan. For those individuals with one-year plans, a conference will also take place mid-year.

Each career teacher shall have a performance review at the minimum of once every three years. The evaluator will contact the teacher to establish an agreed upon time to discuss the performance review procedures. The evaluator and teacher will agree upon pre-conference, observation and post conference times. At least one observation will be of no less than 30 minutes. The evaluator’s comments will be reviewed at the post-conference meeting at a time mutually agreed upon. Every attempt will be made to have this conference within five school days of the classroom observation, but will happen no more than ten (10) school days later, barring emergency situations, to allow for timely feedback. The post observation reflection form will be completed and turned in to the principal within two (2) days of the observation, unless another arrangement is mutually agreed upon between the teacher and the building principal. These comments will be signed and dated by both parties. The teacher’s signature does not necessarily mean agreement with the comments. A copy of the comments will be given to the teacher.

For a teacher meeting the Iowa Teaching Standards, the evaluator and the teacher will begin discussion of future career goals that might be included in the next career development plan.

If an evaluator indicates that the teacher is not meeting the expectations of the Iowa Teaching Standards, then those standards not met must be identified, and the information and/or evidence used to make this decision will be provided to the teacher. Both the evaluator and teacher shall sign and date the review. The teacher’s signature does not necessarily indicate agreement and the teacher shall have the right to provide a written response to this review. The teacher may then enter an assistance plan, which has been adopted by the board. IN lieu of entering the assistance plan, the teacher will be given suggestions on how to make improvements in their performance.

Evaluations will be conducted in accordance with the provision of the Iowa.

 

 

Adopted:         8/19/2019
Reviewed:       05/17/2021
Revised:         

 

 

 

Code No. 409.3E2

EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

 

Date:                                 

 

I,                                               , request family and medical leave for the following reason:  

 

(check all that apply)

        for the birth of my child;

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

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

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

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

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

___ because of a qualifying exigency arising out of the fact that my ___spouse; ___ son or daughter; ___parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.

___ because I am the ___ spouse; ___ son or daughter; ___ parent; ___next of kin of a covered service member with a serious injury or illness.

 

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

 

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

 

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

         continuous

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

         intermittent leave for the:

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

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

____ because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.

___ because I am the ___ spouse; ___ son or daughter; ___ parent; ___next of kin of a covered service member with a serious injury or illness.

 

Details of the needed intermittent leave:

I anticipate returning to work at my regular schedule on                               .

        4.     An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request.          

        5.     The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.

        6.     If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return.  The school district will cease benefits upon receipt of this notification.

 

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

An employee may substitute unpaid family and medical leave with appropriate paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement.  Paid leave includes, but is not limited to, sick leave, family illness leave, vacation, personal leave, bereavement leave and professional leave.  When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.

 

       

Adopted: 11/16/2020
Revised:
Reviewed: 06/21/2021

 

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

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

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

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

·      A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:

        --      treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or

        --      treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a the health care provider.

·      Any period of incapacity due to pregnancy or for prenatal care.

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

        --      requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;

        --      Continues over an extended period of time (including recurring episodes of a single underlying condition); and

        --      May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

·      Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.

·      Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

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

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

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

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

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

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

Health Care Provider-

·    A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or

·    Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and

·    Nurse practitioners and nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and

·    Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts;

·    Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;

·    A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.

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

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

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

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

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

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

Next of Kin - an individual's nearest blood relative

Outpatient Status - the status of a member of the Armed Forces assigned to –

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

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

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

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

Serious Health Condition -

·       An illness, injury, impairment, or physical or mental condition that involves:

• Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
• Continuing treatment by a health care provider.  A serious health condition involving continuing treatment by a health care provider includes:

--       A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:

--    Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or

--    Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

--       Any period of incapacity due to pregnancy or for prenatal care.

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

--    Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;

--    Continues over an extended period of time (including recurring episodes of s single underlying condition); and,

--    May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

--    A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's a severe stroke or the terminal stages of a disease.

--    Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

·      Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.

·      Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.

·      Substance abuse may be a serious health condition if the conditions of this section are met.  However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider.  On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.

·      Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days.  For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level.  An employee who is pregnant may be unable to report to work because of severe morning sickness.

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

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

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

 

Adopted:   07/23/2012
Reviewed: 06/21/2021
Revised: 11/16/2020

 

All bus drivers are required to have a physical examination every two years. Examination forms shall be provided in May for the following school year.  Cost of said examination, provided that it is done by our local physicians (Edgewood) will be paid in full by the School District.  Drivers that prefer to use another physician will pay for his/her own examination and will be reimbursed up to the amount that the local physicians normally charge.  A copy of the bill must be presented before reimbursement is made to employee.

 

 

Legal Reference:  29 C.F.R. Pt. 1910.1030 (1993).
                                       Iowa Code 20.9; 279.8, (1997).
                                      281 I.A.C. 12.4 (14); 43.15-.20.

Adopted:        07/12/84
Reviewed:      07/19/21

 

The school district provides a drug and alcohol testing program in compliance with the law.  Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver’s license is required to operate the school vehicle and the school vehicle weighs twenty six thousand one pounds or more, or the vehicle transports 16 or more persons.  For purposes of the drug and alcohol testing program, “employees” include applicants who have been offered a position to operate a school vehicle.

The employees operating a school vehicle as described above are subject to pre-employment, random, reasonable suspicion, post-accident, return-to-duty and follow-up drug and alcohol testing.  The employees operating school vehicles shall not perform a safety sensitive function within six hours of using alcohol.  The employees governed by this policy shall be subject to the drug and alcohol testing program.  Employees with questions about the drug and alcohol testing program may contact the school district contact person, superintendent at Edgewood at (563) 928-6411.

Employees who violate the terms of this policy may be subject to discipline up to and including termination.  Employees who violate this policy may be required to successfully participate in a substance abuse treatment program approved by the board.  Employees required to participate in and who fail to successfully participate in a substance abuse treatment program may be subject to discipline up to and including termination.  Employees required to successfully participate in a substance abuse treatment program and who refuse to participate may be subject to discipline up to and including termination.

It is the responsibility of the superintendent to develop administrative regulations to implement this policy.  The superintendent shall also inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment, in the application form and personally at the first interview with the applicant.

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

 

Drug and Alcohol Testing Program Regulations

This regulation supports the Drug and Alcohol Testing Program policy and establishes and explains the requirements of the school district’s drug and alcohol testing program required for employees operating school vehicles.  Note the definitions sections included with regulation.

A.         Questions regarding this policy, its supporting regulations or the drug and alcohol testing program may be directed to the school district contact person, superintendent at
             Edgewood at (563) 928-6411.

B.         Covered Drivers:

1.  The following requirements apply for a driver to be covered by the drug and alcohol testing program:
   a.   Drive a vehicle transporting sixteen or more persons, including the driver,

OR

drive a vehicle weighing over twenty-six thousand one pounds; and

      b.   Require a commercial driver license to hold the driver position.          

            2.         Covered drivers include:

                        a.         Applicants seeking a position as a driver.

                        b.         Full time, regularly employed drivers;

                        c.          Casual, intermittent or occasional drivers;

d.         Leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to a school district or who operate a school vehicle at the direction of or with the consent of a school district.

3.         Drivers are subject to the drug and alcohol testing program and its requirements throughout the year, including the times when school is not in session or when the driver is on leave.

C.         Prohibited Driver Conduct:

            1.         Drivers shall not report to duty or remain on duty with a .02 breath alcohol concentration or greater.

2.         Drivers shall not use alcohol at least six hours prior to the performance of a safety sensitive function.

3.         Drivers shall not possess alcohol, while on duty unless the alcohol is manifested and transported as part of a shipment.  This includes possessing prescriptions and over-the-counter medicines containing alcohol unless the packaging seal is unbroken.

4.         Drivers required to take a post-accident alcohol test shall not use alcohol within eight hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.

5.         Drivers shall not refuse to submit to a drug or alcohol test.  A refusal to test is considered a positive test result requiring the driver to undergo evaluation by a substance abuse professional and subjecting the driver to discipline up to and including termination.

6.         Drivers shall not report for duty or remain on duty when using any drug except when instructed by a physician who has advised the driver that the drug does not adversely affect the driver’s ability to safely operate a school vehicle.

7.         Drivers shall not report for duty or remain on duty performing a safety sensitive function if the driver has a positive drug test result.

D.         Alcohol Breath Testing and/or Saliva Testing Procedures

1.         Driver’s breath is tested for alcohol.  A swab of saliva from the drivers mouth is collected and tested for alcohol.  If the alcohol level in the saliva test are too high, the driver must go immediately to have a Confirmation Alcohol Breath Test.

2.         Evidentiary breath testing devices (EBTs) are used to conduct the initial and, if necessary, the confirmation alcohol tests.

a.          The initial alcohol breath test determines whether the driver’s breath alcohol concentration (BAC) is less than 0.02.

(1)  An initial alcohol test result of less than 0.02 BAC allows the driver to continue to drive.

(2)  A initial alcohol test result of 0.02 BAC or greater requires a confirmation test.

b.         The confirmation alcohol breath test determines whether the driver can continue to drive.

(1)  A confirmation alcohol test result of less than 0.02 BAC allows the driver to continue to drive.

(2)  A confirmation alcohol test result of 0.02 BAC but less than 0.04 BAC requires the driver to cease performing a safety sensitive function for 24 hours.

(3)  A confirmation alcohol test result of 0.04 BAC or greater requires the driver to be evaluated by a substance abuse professional (SAP).

3.         Alcohol testing is conducted at collection sites which provide privacy to the driver and contain the necessary equipment, personnel and materials.

a.         Alcohol testing is conducted at a designated non-school district facility unless a mobile unit or a school district facility better serves the situation.

b.         In the event privacy cannot be assured privacy will be provided to the extent practical.

            4.         Initial alcohol testing steps.

a.         Once the driver is informed to submit to an alcohol test, the driver must proceed immediately to the collection site.  Collection site personnel contact the school district contact person immediately when a driver does not arrive at the specified time.

                        b.         Upon arrival, the driver must provide photo identification.

c.          The testing procedure is explained to the driver by the collection site     person.           

d.         The breath alcohol technician (BAT) and the driver complete and sign the appropriate sections of the alcohol testing form.

(1)  Refusal of the driver to sign the form prior to the initial alcohol test is considered a refusal to test.

(2)  The school district is notified immediately of the driver’s refusal to sign.

e.         The driver forcefully blows into the EBT mouthpiece for at least six seconds or until an adequate amount of breath has been obtained.

                        f.          Initial alcohol test results.

(1)  A negative test result of less than 0.02 BAC is reported to the school district in a confidential manner and the driver may continue to perform a safety sensitive function.

                                    (2)  A test result of 0.02 BAC or more requires a confirmation test.

            5.         Confirmation alcohol testing steps.

a.         The confirmation test is done between fifteen and twenty minutes of the initial test whether or not the driver followed the requirements to not eat, drink, put any object or substance in his or her mouth, and, to the extent possible, not belch during the fifteen minute waiting period to avoid accumulation of mouth alcohol leading to an artificially high reading.

b.         If a different collection site or a different collection site person is used for the confirmation alcohol test, the driver must provide photo identification.

c.          The testing procedure is explained to the driver by the collection site person.

d.         The BAT and the driver complete and sign the appropriate sections of the alcohol testing form.

(1)  Refusal of the driver to sign the form prior to the confirmation alcohol test is considered a refusal to test.

(2)  The school district is notified immediately of the refusal to sign.

e.         The driver forcefully blows into the EBT mouthpiece for at least six seconds or until an adequate amount of breath has been obtained.

f.          The confirmation test results, which are the final and official test result, are shared with the driver.

g.         The driver and BAT must sign the alcohol testing form following completion of             the test.  Failure to sign the form after the test is not considered a refusal to test.  However, the BAT notes the driver’s refusal to sign in the remarks section of the form.

h.         The BAT informs the school district’s contact person of the results of the test in a confidential manner.

(1)  The BAT notifies the school district contact person immediately, either in writing, in person, by telephone or by electronic means of confirmation alcohol test results of 0.02 BAC or more.

(2)  If the BAT informs the school district contact person by telephone, the school district verifies that the BAT is the person on the telephone.

(3)  The BAT provides the school district contact person with a copy of  the breath alcohol testing form if written communication was not used to report the test results.

i.          Potentially incomplete tests or invalid breath alcohol tests are repeated with corrected procedures.

j.          The breath alcohol test is stopped when the driver fails twice to provide an adequate amount of breath.  In that case:

(1)   A physician analyzes the driver’s inability to provide adequate breath.  

(2)  Failure to provide adequate breath is considered a refusal to test        unless the physician determines a medical condition caused the failure to provide adequate breath.

(3)  A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.

E.         Drug Testing Procedures

            1.         Driver’s urine is tested for marijuana, cocaine, opiates, amphetamines and phencyclidine.           

            2.         A split urine test is used to conduct the drug test.

a.         A negative drug test result allows the driver to continue to perform a safety sensitive function.

b.         A positive drug test result on the primary sample requires the driver to be removed from performing a safety sensitive function.

c.          A positive drug test result on the primary sample allows the driver an opportunity to request the split sample be tested by another laboratory for the specific drug found in the primary sample.  A negative drug test result on the split sample results in a negative drug test result.  The driver who requests the split sample to be tested must pay for such testing.

                        d.         A driver’s refusal to test is considered a positive drug test result.

e.         A positive drug test result requires the driver to be evaluated by a substance abuse professional (SAP).

3.         Drivers taking medication at a doctor’s direction may perform a safety sensitive function if the doctor determines there is not an adverse affect on performing a safety sensitive function.

4.         Drug testing is conducted to provide privacy to the driver and where the necessary equipment, personnel and materials are located.

a.         Drug testing is conducted at a designated non-school district facility unless a mobile unit or a school district facility better serves the situation.  Public restrooms can be used as collection sites in exceptional circumstances.                       

b.         In the event privacy cannot be assured, privacy is provided to the extent possible.  However, direct observation is allowed if:

(1)  Reason exists to believe the driver may alter or substitute the specimen.                          

(2)  The driver presents a specimen with a temperature outside the allowed range and does not provide an oral body temperature or the oral body temperature varies from the specimen provided.

(3)  The last specimen provided by the driver was determined by the laboratory to not meet gravity and creatinine concentration criteria.

(4)  The collection site person observes conduct to substitute or adulterate the specimen.

(5)  The driver has previously been determined to have used a drug without medical authorization and the particular test is for follow-up testing upon or after return to duty.                      

c.          Direct observation is approved by the supervisor of the collection site person or the designated school district representative.  Non-medical personnel performing direct observation must be of the same gender as the driver.

            5.         Drug Testing Steps.

a.         Once the driver is required to submit to a drug test, the driver must proceed immediately to the collection site.  The collection site person contacts the school district contact person immediately when a driver does not arrive at the specified time.

b.         Upon arrival, the driver must provide a photo identification.  The driver may require the collection site person to provide proof of identification.

c.          The driver may keep his or her wallet but must remove any unnecessary outer garments, purses, briefcases and similar items at the request of the collection site person.

d.         Immediately prior to providing a urine sample, the driver must wash his or her hands.

e.         The driver must then provide forty-five milliliters of urine and deliver it immediately to the collection site person.

(1)  Drivers who cannot provide an adequate amount of urine receive instructions for drinking water and trying again.

(2)  The drug test is stopped when the driver fails twice to provide an adequate amount of urine.

(3)  A physician analyzes the driver’s ability to provide adequate urine.

(4)  Failure to provide adequate urine is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate urine.

f.          The specimen must be kept in view of the driver and the collection site person.

g.         Upon receipt of the specimen, the collection site person must immediately, and in no event later than four minutes from the time of urination, measure the temperature of the specimen.

h.         The driver may volunteer to have his or her oral temperature taken to provide evidence against alteration or substitution if there is some question about the temperature of the specimen.

j.          Another specimen is required as soon as possible under direct observation if adulteration or substitution is suspected by the collection site person.

k.         The specimen is divided into the primary and the split specimen, sealed and labeled.  The label is initialed by the driver.

l.          The driver is required to read and sign the statement on the chain of custody form certifying the specimens are to the driver’s.

m.        The collection site person is required to note on the chain of custody form any unusual behavior or appearance of the driver and any failure to cooperate.

n.         The collection site person completes the chain of custody form and the driver signs the form indicating the collection is complete.

o.         The specimens are packaged for shipping to the laboratory and shipped immediately or placed in secure storage until they can be shipped.

            6.         Laboratory

a.         The laboratory used by the school district’s drug and alcohol testing program is certified by the Substance Abuse and Mental Health Services Administration (SAMHSA), a division of the U.S. Department of Health and Human Services (DHHS).  Laboratories certified by SAMHSA meet the testing procedures, personnel and record keeping requirements of the law.

b.         Upon arrival of the specimen at the laboratory, the split specimen is stored and the primary specimen is tested.

(1)  A positive test result on the initial test of the primary specimen requires a confirmation test, which is a different and more accurate type of test.

(2)  The split specimen is discarded if the primary specimen has a negative test result.

            7.         Medical Review Officer (MRO) reviews drug test results.

a.         The MRO may release drug testing records of a driver to unauthorized individuals only with the written consent of the driver.

b.         The MRO keeps a record of the negative test result and reports the negative test result to the school district.

c.          The primary role of the MRO is to review and interpret positive test results to determine whether a legitimate explanation exists for the positive test result.

(1)  After reviewing the chain of custody form and the laboratory test results,             the MRO contacts the drive to discuss the positive test result with the driver prior to notifying the school district and then ask whether the driver request a test of the split sample at the driver’s expense.  The driver’s request for a test of the split sample must be made within seventy-two hours of talking the MRO.

(2)  Upon request of the driver, the split specimen is sent to a second SAMHSA certified laboratory for testing at the driver’s expense.

(3)  The MRO contacts the school district contact person for assistance if the driver cannot be reached through reasonable efforts.

(4)  The school district contact person must confidentially inform the driver to contact the MRO.

(5)  Upon contacting the driver, the school district contact person must inform the MRO that the driver was contacted.

(6)  Drivers who cannot be contacted are placed on temporary medically unqualified status or medical leave.

d.         The MRO may verify a positive test without talking to the driver if:

                                    (1)  The driver declines the opportunity to discuss the drug test.

(2)  The driver fails to contact the MRO within five days after the school district contact person has contacted the driver.

(3)  MRO verification of positive test results under these circumstance can be challenged by the driver if the driver presents the MRO with information documenting a serious illness, injury, or other circumstances unavoidably preventing the driver from timely contacting the MRO.  The MRO, based on this additional information, may find a legitimate explanation for the positive test result and declare the test negative.

e.         The driver is notified of the drugs found in a positive test result by the MRO, the school district contact person or by certified mail to the driver’s last known             address.

f.          The school district receives a written report of the negative and positive test results from the MRO.

 

NOTE:  Tests on the split specimen are only performed if the driver requests the test.  This regulation requires the driver to pay for the split specimen test.

 

F.         Substance Abuse Professional.

            1.         Substance Abuse Professional (SAP) evaluation is required when a driver:

                        a.          Has a positive drug test;

b.         Has a positive alcohol test of 0.04 breath alcohol concentration or greater; or

c.          Otherwise violated this policy, its supporting regulations or the law.

2.         The evaluation determines what assistance, if any the driver needs in resolving problems with alcohol misuse and/or drug use.

3.         A list of available SAPs to provide assistance to the drivers is available from the school district contact person.

G.         Pre-employment Testing.

1.         Drivers shall submit to a drug test if a job offer is made.  The job offer is contingent upon:

                        a.         A negative drug test result; and

b.         A signed written statement authorizing former employers to release all information on the driver related to drugs and alcohol.

2.         Prior to allowing a driver to perform a safety sensitive function, and no later than 14 days after performing a safety sensitive function, the following information must be obtained about the driver during the preceding two year from the date of application:

                        a.          Alcohol test results of 0.04 or greater;

                        b.         Positive drug test results; and

                        c.          Refusals to be tested.

H.         Random Testing.

1.         Annually, ten (10%) percent of the average number of drivers for random alcohol tests and fifty percent of the average number of drivers for random drug tests are selected.

2.         The drivers’ identification numbers are selected by a scientific method giving drivers an equal chance to be selected.

            3.         Random tests are unannounced and spread throughout the year.

4.         Drivers selected for random alcohol testing are informed of a random alcohol test just before, during or just after performing a safety sensitive function.

5.         Drivers selected for random drug testing are informed as soon as possible after the school district contact person receives the driver identification numbers.  The school district must document why some, if any, drivers were selected but not informed.      

6.         The selected driver must proceed immediately to the collection site.  However, drivers performing a safety sensitive function must safely stop and proceed to the collection site as soon as possible.

I.          Reasonable Suspicion Testing.

1.         Drivers which exhibit specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver as well as indications of the chronic and withdrawal effects of drugs may be required to submit to a reasonable suspicion drug test at any time.      

2.         Drivers which exhibit specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body order of the driver if the reasonable suspicion was determined just before, during or just after the time in which the driver must be in compliance with this policy, its supporting regulations or the law may be required to submit to a reasonable suspicion alcohol test just before, during or just after performing a safety sensitive function.

a.         A reasonable suspicion alcohol test is performed within two hours and no later than eight hours of determining reasonable suspicion.

b.         If the alcohol test is not given within two hours, the reasons for the delay must be documented. 

c.          If the alcohol test is not given within eight hours, attempts to test are stopped and the reason for not testing must be documented.

3.         A reasonable suspicion test request is made by an employee who has received the training to determine reasonable suspicion.  The reasons for the reasonable suspicion must be documented within twenty-four hours or prior to the release of the test results. If more than one employee trained to determine reasonable suspicion observes the driver, that employee must also document their reasons.

J.          Post-accident Testing.

1.         Drivers are subject to both post-accident drug and alcohol testing as soon as possible after an accident which:

                        a.         The driver received a citation and:

(1)  Bodily injury to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident; or

(2)  One or more vehicles incur disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle; or

                                    (3)  A fatality occurred.

            2.         Drivers must remain readily available for post-accident testing.

a.         Drivers who leave the scene or who do not remain readily available are assumed to have refused to test.

b.         Necessary medical treatment cannot and should not be denied to a driver waiting to complete post-accident drug and alcohol tests.

            3.         Alcohol testing requirements.

a.         Administered within two hours and no later than eight hours of the accident.

b.         Reasons for administering the test later than two hours after the accident must be documented.

c.          Reasons for not administering the test within eight hours of the accident must be documented.

d.         Drivers are prohibited from consuming alcohol for eight hours after the accident or until the alcohol test is completed.

            4.         Drug  testing requirements.

a.         Administered as soon as possible and no later than 32 hours after the accident.

                        b.         Reasons for not administering the test must be documented.

c.          Drivers who refuse to provide a specimen for a drug test or who have a positive drug test result after a fatal accident, are disqualified for one year after receiving a letter of disqualification from the school district.

5.         Results of drug or alcohol testing conducted by law enforcement officers or other officials on the scene with independent authority to conduct such tests are presumed valid if the testing conforms with the law.  The school district must receive a copy of the results to use them.

K.         Return-to-duty/Follow-up Testing.

1.         Prior to returning to duty after a positive test or otherwise violating this policy, its supporting regulations or the law:

a.         The driver must be reevaluated by a substance abuse professional (SAP) to determine that the driver has properly followed any treatment program prescribed in the original evaluation by the SAP.

b.         The driver must submit to the tests required by the SAP.  The SAP may require a return-to-duty test for drugs, alcohol or both.

c.          The return-to-duty test must be a negative drug test result and/or an alcohol test result of less than 0.02 BAC before the driver can return to duty and perform a safety sensitive function.

2.         For individuals changing jobs after a positive drug or alcohol test, a pre-employment test can serve as a return-to-duty test if one is needed, based on information from a prior employer.

3.         After returning to duty, the driver is subject to six unannounced follow-up tests within 12 months for alcohol, drugs or both, if the SAP determines both are necessary.

a.         The SAP can terminate the follow-up testing requirement after the first six tests have been completed or continue the follow-up testing for up to 60 months from the date of the driver’s return to duty.

b.         Alcohol follow-up testing is done just before, during or just after performing a safety sensitive function.

 

NOTE: It is important to note that a driver who passes the follow-up tests and complying with the recommended treatment is not guaranteed employment under the federal regulations.  School districts must review each case based on the individual circumstances surrounding incident.

 

L.         School District Responsibilities

1.         Information on the drug and alcohol testing requirements of this policy, its supporting regulations and the law, including the driver’s obligations must be provided to the drivers.  A summary of the requirements must be included in the employee handbook.

2.         Supervisors of drivers or personnel designated to determine reasonable suspicion shall receive sixty minutes of training on alcohol misuse and sixty minutes of training on drug use.  The training must address the physical, behavioral, speech, and performance indicators of probable alcohol misuse and drug use.

3.         Drivers must be provided with instructions prior to the drivers operating the school vehicle to enable the driver to comply with the drug and alcohol testing requirements.

4.         School districts with actual knowledge of a driver’s drug use cannot allow the driver to report to or perform a safety sensitive function whether or not a drug test was conducted.

5.         School districts with actual knowledge of a driver with a breath alcohol concentration of 0.02 BAC or greater cannot allow the driver to report to or perform a safety sensitive function whether or not an alcohol test was conducted.

6.         The school district is responsible for ensuring that the quality assurance plan, developed by the manufacturer and approved by the national Highway Traffic Safety Administration (NHTSA) for the evidentiary breath testing device used for alcohol testing of its drivers describes the inspection, maintenance and calibration requirements and intervals for it.           

7.         The school district is responsible for ensuring that the collection site person using an evidentiary breath testing device is a certified breath alcohol technician.

M.        Consequences of violating this policy, its supporting regulations or the law.

1.         The superintendent may discipline drivers who violate this policy, its supporting regulations or the law relating to drug and alcohol testing.  Each incident is dealt with based on the circumstances surrounding the incident.  The following consequences may result from a violation.

                        a.          Drivers may be disciplined up to and including termination.

                        b.         Drivers may not be permitted to perform safety sensitive functions.

c.          Drivers may be advised of the resources available to them in evaluating and resolving problems associated with the misuse of alcohol or use of drugs.       

d.         Drivers may be required to be evaluated by a substance abuse professional who shall determine what assistance, if any, the driver needs in resolving problems associated with the misuse of alcohol or use of drugs and be required to follow             any treatment program.      

e.         Prior to returning to duty, the driver is required to have a negative drug  and/or alcohol test result and be subject to the follow-up drug and/or alcohol testing determined necessary based on the circumstances surrounding the incident.

f.          Drivers refusing to submit to drug and/or alcohol testing are considered insubordinate and are subject to discipline up to and including termination.

g.         Drivers/applicants who refuse to submit to or cooperate with the drug and/or alcohol testing process and requirements shall be disqualified from further consideration.

N.         Drug and alcohol testing records.

1.         Drug and alcohol testing records are stored in limited access locations separate and apart from the driver’s general personnel documents.

2.         The records may only be released with the written consent of the driver.  Only those records specifically authorized for release may be released.  However,

a.         Records may be released to appropriate government agencies without a written consent.

b.         Records may be released to appropriate school district employees without written consent.

c.          School districts may without written consent make a driver’s drug and alcohol test records available to a decision maker in a lawsuit, grievance or other proceedings initiated by or on behalf of the individual, and arising from the results of an alcohol or drug test under this policy, its supporting regulations or the law or from the school district’s determination that the driver violated this policy, its supporting regulations, or the law.

3.         Drivers are entitled with a written request to prompt access to and copies of their drug and alcohol test records without requiring payment of amounts owed for the copying of records other than alcohol and drug testing records.  School districts may charge for copying these records in accordance with board policy.

4.         School districts must maintain the following records of its drug use and alcohol misuse prevention and testing programs for the time period indicated.

                        a.         One year:

(1)  Records of negative and canceled drug test results and alcohol  test results of less than 0.02 BAC.

                                    (2)  Records related to the collection process.

                                    (3)  Records related to a driver’s test results.

                                    (4)  Records related to other violations of the law.

                                    (5)  Records related to evaluations.

                                    (6)  Records related to education and training.

                                    (7)  Records related to drug testing.

b.         Two years - records related to the alcohol and drug collection process, except calibration of evidential breath testing devices, and training.

                        c.          Five years:

                                    (1)  Alcohol test results of 0.02 BAC and greater;

                                    (2)  Verified positive drug test results;

(3)  Documentation of refusals to take required alcohol and/or drug   tests;

                                    (4)  EBT calibration documentation;

                                    (5)  Driver evaluation and referrals; and

                                    (6)  Annual calendar year summary.

 

Drug and Alcohol Testing Program Definitions

Accident - an occurrence involving a school vehicle operating on a public road which results in :  (a) a fatality, (b) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident or (c) one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a tow truck or other vehicle.

Air blank - a reading by an evidentiary breath testing device (EBT) of ambient air containing non alcohol.

Alcohol - the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.

Alcohol concentration (or content) - the alcohol in a volume of breath expressed in terms of grams of alcohol per two hundred ten liters of breath as indicated by an evidential breath test under the law.

Alcohol use - the consumption of any beverage, mixture or preparation, including any medication, containing alcohol.

BAC - breath alcohol concentration

Breath Alcohol Technician (BAT) - an individual who instructs and assists individuals in the alcohol testing process and operates an EBT.

Canceled or invalid test - in drug testing it is a drug test that has been declared invalid by a Medical Review Officer or a specimen that has been rejected for testing by a laboratory.  A canceled test is neither a positive nor a negative test.  In alcohol testing it is a test that is deemed to be invalid under the law.  It is neither a positive nor a negative test.

Chain of Custody - procedures to account for the integrity of each urine or blood specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen.  With respect to drug testing, these procedures require that an appropriate drug testing custody form be used from time of collection to receipt by the laboratory and that upon receipt by the laboratory and appropriate laboratory chain of custody form(s) for the sample or samples aliquots within the laboratory.

Collection site - a place where drivers present themselves for the purpose of providing body fluid or a tissue sample to be analyzed for specific drugs or breath alcohol concentration.

Confirmation test - for alcohol testing it is a second test following an initial test with a result of 0.02 BAC or greater, that provides quantitative data of alcohol concentration.  For drug testing it is a second analytical procedure (GC/MS) to identify the presence of a specific drug of metabolite which is independent for the initial test and which uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy.

Controlled substances/Drugs - marijuana, cocaine, opiates, amphetamines and phencyclidine.

Driver - any person who operates a school vehicle.  This includes, but is not limited to:  full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to the school district or who operate a school vehicle at the direction of or with the consent of the school district.  For the purposes of pre-employment/pre-duty testing only, the term “driver” includes applicants for driver of school vehicle positions.

Initial test (or screening test) - in drug testing it is an immunoassay screen to eliminate “negative” urine specimens from further consideration.  In alcohol testing it is an analytic procedure to determine whether a driver may have a prohibited concentration of alcohol in a breath specimen.

Medical review officer (MRO) - a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer’s drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s confirmed positive test result together with the individual’s medical history and any other relevant biomedical information.

Non-suspicion-based post-accident testing - testing of a driver after a reportable accident if the driver receives a citation for a moving traffic violation arising from the accident and without regard to whether there is any reasonable suspicion of drug usage, reasonable cause to believe the driver has been operating the school vehicle while under the influence of drugs, or reasonable cause to believe the driver was at fault in the accident and drug usage may have been a factor.

Performing a safety sensitive function (SSF) - a driver is considered to be performing a safety sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform any safety sensitive functions.  (30 minutes before or after the performance of a safety sensitive function).

Random Selection Process - when drug tests are unannounced and that every driver has an equal chance of being selected for testing.

Reasonable suspicion - when the school district believes the appearance, behavior, speech or body odors of the driver are indicative of the use of drugs or alcohol.

Refuse to submit (to an alcohol or drug test) - when a driver (1) fails to provide adequate breath for alcohol testing without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the  provisions of this part, (2) fails to provide adequate urine for drug testing without a valid medical explanation after he/she has received notice of the requirement for urine testing in accordance with the provisions of this part, or (3) engages in conduct that clearly obstructs the testing process.

Safety Sensitive function (SSF) - all time from the time when a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.

School Vehicle - a vehicle owned, leased, and/or operated at the direction or with the consent of the school district which transports sixteen or more persons, including the driver, or weight over twenty-six thousand one pounds and requires the driver to have/possess a commercial driver license in order to operate the vehicle.

Split specimen - the division of the urine specimen into thirty milliliters in a specimen bottle (the primary sample) and into at least fifteen milliliters in a second specimen bottle (the split sample).

Substance abuse professional (SAP) - a licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the national Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.

 

 

Legal Reference:  Omnibus Transportation Employee Testing Act of 1991
                                      41 U.S.C. 701-707 (1988)
                                      42 U.S.C. 12101 et seq. (Supp. 1990)
                                      34 C.F.R. Pt. 85 (1993)
                                      49 C.F.R. Pt. 40; 382; 391.81-123 (1994)
                                      Iowa Code 124; 279.8; 730.5 (1993)

Cross Reference:  502.9 Smoking - Drinking - Drugs

Reviewed:      07/19/21

 

 

DRUG AND ALCOHOL TESTING PROGRAM NOTICE TO EMPLOYEES

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

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

It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements.  Employees with questions regarding the drug and alcohol testing requirements shall contact the school district contact person, (superintendent) at Edgewood at (563) 928-6411.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting regulations or the law may be subject to discipline up to and including termination.  Employees violating this policy, its supporting regulations or the law may be required to successfully participate in a substance abuse treatment program approved by the board.  Employees required to participate in and who fail to successfully participate in a substance abuse treatment program may be subject to discipline up to and including termination.  Employees required to successfully participate in a substance abuse treatment program and who refuse to participate may be subject to discipline up to and including termination.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy of the school district.  Medical information and other drug and alcohol testing records and information about an employee is confidential, and is released in accordance with this policy, its supporting regulations or the law.

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

            I understand that if I violate the Drug and Alcohol Testing Program policy its supporting regulations or the law, I may be subject to discipline up to and including termination or I may be required to successfully participate in a substance abuse treatment program approved by the board.  If I am required to and fail to successfully participate in a substance abuse treatment program, I understand I may be subject to discipline up to and including termination.  I understand that if I am required to successfully participate in a substance abuse treatment program and I refuse to participate, I may be subject to discipline up to and including termination.

            I further understand that medical information and other drug and alcohol testing records and information about me is confidential, and is released in accordance with this policy, its supporting regulations or the law.

            Iowa law does not allow a school district to discipline and/or terminate a driver for their first positive test result on a drug or alcohol test if the driver undergoes a substance abuse evaluation and if the driver successfully completes the treatment, if any, recommended by the substance abuse professional.  Drivers who fail to undergo the evaluation or fail to successfully complete the treatment, if any recommended by the substance abuse professional may be disciplined up and including termination.

            Iowa law also requires the school district to provide substance abuse evaluation and treatment if recommended by the substance abuse professional (SAP) with the costs apportioned according to the employee benefit plan.  If there is no employee benefit plan, then the school district must pay for the costs of the evaluation and treatment.

 

 

 

 

_______________________________________                          ____________
                        Employee signature                                                                     Date

 

 

Reviewed: 07/19/21

 

The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems arising from this agreement which may from time to time affect employees.  Both parties agree these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

 

Procedure

A.         Every aggrieved person covered by this agreement shall have the right to present grievances in accordance with these procedures.

B.         A grievant may be represented at all pre-arbitration levels of the grievance procedure by himself/herself or, at his/her option by an Association representative(s) selected by the             Association.

C.         Class grievances involving more than one supervisor or grievances involving an administrator above the building level may be filed by the Association at Level II.

D.         The failure of an aggrieved person, persons and or the Association to act on any grievance within the described time limits will act as a bar to any further appeal and an
            administrator’s failure to give a decision within the time limits shall permit the grievant to proceed to the next step.  The time limits may be extended by mutual                               agreement in writing.

E.         It is agreed that any investigation or other handling or processing of any grievance shall be conducted so as to result in no interference with or interruption whatsoever of                       the instructional program and related work activities of the grievant or classified staff.

 

Steps

Level One--Principal or immediate supervisor (informal)

Within ten (10) calendar days after the alleged violation, the aggrieved person shall first discuss the grievance with the person’s principal or immediate supervisor.

 

Level Two--Principal (formal)

If the aggrieved person is not satisfied with the grievance disposition in Step One and would like to proceed to the next step, that person shall submit a written grievance to the  principal within five (5) calendar days of the informal discussion.  The written grievance shall state the nature of the grievance, specific contract clause violated and the remedy requested.  The principal shall make a written response to the employee within five (5) calendars days after the grievance is formally filed.

With the written permission of the grievant, the principal shall submit a copy of the grievance and the response to the Association, on a form prescribed by the Association and approved by the Board.

 

Level Three--Superintendent

If the aggrieved person is not satisfied with the formal disposition in Step One and would like to proceed to the next step, that person shall file within five (5) calendar days after the receipt of the  the Level Two written response, the  grievance in writing to the superintendent for consideration.  The superintendent shall arrange for a conference with the grievant which shall take place within five (5) calendar days of the superintendent’s receipt of the grievance.

With the written permission of the grievant, the Association shall be allowed to participate in a representative capacity for the grievant.  The Association shall have the right to include in the conference such witnesses and representatives as it deems necessary to develop facts pertinent to the grievance.

Upon conclusion of the conference, the superintendent shall make a written response within ten (10) calendar days.

 

Level Four--Arbitration

If the grievance is not satisfactorily resolved at Level Three, there shall be available a fourth step of impartial binding arbitration.  The Association may submit, in writing, a request on behalf of the Association and the grievant to the superintendent within twenty (20) calendar days from the receipt of the Level Three answer to enter into such arbitration.  The arbitration proceeding shall be conducted by an arbitrator to be selected by the two parties within seven (7) calendar days after said notice is given.  If the two parties fail to reach agreement on an arbitrator within seven (7) calendar days, Iowa Public Employment Relations Board, will be requested to provide a panel of five (5) arbitrators.  Each of the two parties will alternately strike one name from the panel until only one name shall remain.  The remaining name shall be the arbitrator.  The decision of the arbitrator will be binding on the parties.

 

 

Legal Reference:  Code of Iowa

Adopted:        07/12/84
Reviewed:      07/19/21