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 was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal and statutory remedies; 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.

Employee Record Retention

All employee records, except payroll and salary records, are maintained for a minimum of one year after termination of employment with the district. Applicant records are maintained for a minimum of one year after the position was filled. Payroll and salary records are maintained for a minimum of three years after payment.

 

 

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

The district believes in taking appropriate measures to promote the health and welfare of all students.  Any school employee, contractor, or agent shall not assist another school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law.

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

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

 

 

Legal References:   20 U.S.C. §7926
                                         281 I.A.C. 12.3(14)

Cross References:  401.5 Employee Records
                                         402.2 Child Abuse Reporting
                                         402.3 Abuse of Students by School District Employees
                                         405.2 Licensed Employee Qualifications, Recruitment, Selection
                                         411.2 Classified Employee Qualifications, Recruitment, Selection

Approved:       May 2020                               
Reviewed:      

 

Cell phone Usage

1. Cell phones shall be used in a manner that does not disrupt instruction and should not be used during school-sponsored programs, meetings, in-services, or other events where there exists a reasonable expectation of quiet attentiveness unless there is a reason of personal health or safety involved.
2. Cell phones should not be used to transmit confidential student or personal information either verbally or written.
3. Employees are prohibited from using a cell phone while driving as part of their work duties, unless in the case of an emergency, unless the vehicle has come to a complete stop and the gear is in park.

Cell Phone Business Procedures

School district employees may be reimbursed for use of privately owned cell phones to conduct school district business in accordance with board policy and this regulation, with prior approval of the superintendent.

1. Requests for reimbursement for authorized use of employee owned cell phones are to be submitted on school district provided forms accompanied by a copy of the billing statement with the school district business related calls highlighted. A notation for each highlighted entry, indicating the nature of the call is required.  The employee’s immediate supervisor must sign-off on the billing statement verifying the calls were school district business related.  School district reimbursement for authorized use of employee owned cell phones will be made in conformance with school district payment procedures.  Requests for reimbursement, including the highlighted billing statement must be submitted within thirty (30) days of the end of the time period for which reimbursement is requested.  Requests submitted after the reimbursement deadline has passed will be denied.

 

 

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

 

PLEASE NOTE THIS POLICY IS NO LONG IN PLACE.  PLEASE REFER TO POLICY 713R1: RESPONSIBLE TECHNOLOGY USE & SOCIAL NETWORKING REGULATION

General

The following rules and regulations govern the use of the school district's network systems, employee access to the internet, and management of digital records:

• Employees will be issued a school district email account. Passwords must be changed periodically.
• Each individual in whose name an access account is issued is responsible at all times for its proper use.
• Employees are expected to review their email regularly throughout the day, and shall reply promptly to inquiries with information that the employee can reasonably be expected to provide.
• Communications with parents and/or students must be made on a school district computer, unless in the case of an emergency.
• Employees may access the internet for education-related and/or work-related activities.
• Employees shall refrain from using technology resources for personal use, including access to social networking sites.
• Use of the school district technology and school e-mail address is a public record. Employees cannot have an expectation of privacy in the use of the school district’s computers.
• Use of technology resources in ways that violate the acceptable use and conduct regulation, outlined below, will be subject to discipline, up to and including discharge.
• Use of the school district’s network is a privilege, not a right.  Inappropriate use may result in the suspension or revocation of that privilege.
• Off-site access to the school district network will be determined by the superintendent in conjunction with appropriate personnel.
• All network users are expected to abide by the generally accepted rules of network etiquette. This includes being polite and using only appropriate language. Abusive language, vulgarities and swear words are all inappropriate.
• Network users identifying a security problem on the school district's network must notify appropriate staff. Any network user identified as a security risk or having a history of violations of school district computer use guidelines may be denied access to the school district's network.
• Employees are representatives of the district at all times and must model appropriate character, both on and off the worksite.  This applies to material posted with personal devices and on personal websites and/or social media accounts.  Posted messages or pictures which diminish the professionalism or discredit the capacity to maintain respect of students and parents may result in disciplinary action up to and including termination if the content posted is found to be disruptive to the educational environment and adversely  impacts the employee’s ability to effectively serve as a role model or perform his/her job duties for the district.  The type of material that would affect an employee’s ability to serve as an appropriate role model includes, but is not limited to, text or depictions involving hate speech, nudity, obscenity, vulgarity or sexually explicit content.  Employee communications with students should be limited as appropriate.  If there is any uncertainty, employees should consult their building administrator.

Prohibited Activity and Uses

The following is a list of prohibited activity for all employees concerning use of the school district's network.  Any violation of these prohibitions may result in discipline, up to and including discharge, or other appropriate penalty, including suspension or revocation of a user's access to the network.

• 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.
• Using the network for sending and/or receiving personal messages.
• 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 coordinator.
• 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's 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 email 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.

 

 

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

PLEASE NOTE: This policy and regulation is the former 401.13 - Staff Technology Use/Social Media

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

General Provisions

The superintendent is responsible for designating a [computer network coordinator – insert appropriate title] who will oversee the use of school district technology resources. The [insert title] will prepare in-service programs for the training and development of school district staff and relevant volunteers in technology skills, appropriate use of district technology and for the incorporation of technology use in subject areas.

The superintendent, working with appropriate staff, shall establish regulations governing the use and security of the school district’s technology resources. The school district will make every reasonable effort to maintain the security of the district networks and devices. All users of the school district’s technology resources, including students, staff and volunteers, shall comply with this policy and regulation, as well as others impacting the use of school equipment and facilities. Failure to comply may result in disciplinary action, up to and including discharge or expulsion, as well as suspension and/or revocation of technology access privileges.
    
Usage of the school district’s technology resources is a privilege, not a right, and that use entails responsibility. District-owned technology and district-maintained Internet-based collaboration software social media and e-mail accounts are the property of the school district. Therefore, users of the school district’s network must not expect, nor does the school district guarantee, privacy for use of the school district’s network websites visited. The school district reserves the right to access and view any material stored on school district equipment, within district-owned software or any material used in conjunction with the school district’s network.

The superintendent, working with the appropriate staff, shall establish procedures governing management of technology records in order to exercise appropriate control over technology records, including financial, personnel and student information. The procedures will address at a minimum:  

• passwords,
• system administration,
• separation of duties,
• remote access, 
• data back-up (including archiving of e-mail),
• record retention, and
• disaster recovery plans.

Social Networking or Other External Web Sites

For purposes of this policy, any website, other than the school district website or school-school district sanctioned websites, are considered external websites. Employees and volunteers shall not post confidential or proprietary information, including photographic images, about the school district, its employees, students, agents or others on any external website without prior written consent of the superintendent. Employees and volunteers shall adhere to all applicable privacy and confidentiality policies adopted by the school district when on external websites. Employees, students and voluntgeers shall not use the school district logos, images, iconography, etc. on external websites unless authorized in advance by school administration. Employees shall not use school district time or property on external sites that are not in direct relation to the employee’s job duties. Employees, students and volunteers need to realize that the internet is not a closed system and anything posted on an external site may be viewed by others. Employees, students and volunteers who don’t want school administrators to know their personal information, should refrain from sharing it on the internet. Employees and volunteers should not connect with students via external websites without consent of the  building level administrator.

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

It is the responsibility of the superintendent to develop administrative regulations implementing this policy.

Approved: February 2024

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 l investigator in your school.

 

Student's name and address:

 

Student's telephone no.:

 

Student's school:

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

 

Allegation is of                       physical                       sexual abuse*

 

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

 

 

 

 

Were there any witnesses to the incident or are there students or persons who may have information about this incident? _yes _no

 

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

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

 

_ Yes           _ No           Telephone Number

 

 

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

 

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

_yes _no _unknown

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

 

Has anyone contacted law enforcement about this incident? _yes _no

 

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

 

 

 

Your name, address and telephone number:

 

Relationship to student:

 

Complainant Signature Witness Signature

 

Date                                        Witness Name (please print)

Witness Address

 

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

 

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

 

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

Report of Level l Investigation

Student's name:

 

Student's age:              Student's grade:

 

Student's address:

 

Student's school:

 

Name of accused school employee

 

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        _sexual*

 

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

 

 

 

 

 

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

 

 

 

 

 

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

_Yes _No                                Was the right exercised? _ Yes _ No

 

Were audio tapes made of any interviews?    _yes     _no

Were video tapes made of any interviews?    _yes     _no

Was any action taken to protect the student during or as a result of the investigation?

             _yes  _no                             If yes, describe:

_student excused from school

 

_student assigned to different class

 

_school employee placed on administrative or other leave

 

_other (please specify)

 

Level I investigator's conclusions:

The complaint is being dismissed for lack of jurisdiction. Physical abuse was alleged, but no allegation of injury was made.

Physical abuse was alleged, but no evidence of physical injury exists and the nature of the alleged incident makes it unlikely an injury, as defined in the rules, occurred.

 

Sexual abuse was alleged, but the alleged actions of the school employee, even if true, would not meet the definition of sexual abuse in the rules.

 

Alleged victim was not a student at the time of the incident.

 

Alleged school employee is not currently employed by this school district.

 

Alleged incident did not occur on school grounds, on school time, at a school-sponsored

activity, nor in a school-related context.

 

The complaint has been investigated and concluded at Level 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 l 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

 

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

An individual who has knowledge an employee has physically or sexually abused a student may immediately report it to the school district's Level I investigator or Level I alternate investigator. "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 l investigator or alternate 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 known.

          ·           Names and locations of persons who examined, counseled or treated the student for the alleged abuse, including the dates on which
                      those services were provided, if known.

Upon request, the Level I investigator or alternate 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 meets the definition of abuse in these rules, and that the person responsible for the act is currently an employee. If the report is not investigable due to lack of jurisdiction, the investigator 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 l investigator or alternate investigator believes the student is in imminent danger if continued contact is permitted between the employee and the student, the Level I investigator or alternate 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 or alternate 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 or alternate investigator shall make copies of the report and give a copy to the person filing the report, the students' 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 or alternate 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 days of receipt of an investigable report, the Level I investigator or alternate 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 alleged incident. If the Level I investigator or alternate investigator determines that the allegations in the report are founded and that immediate and professional investigation is necessary, the Level l investigator or alternate investigator may defer further investigation and contact appropriate law enforcement officials, the student's parents and the person filing the report. Within fifteen days of receipt of the report, the Level I investigator or alternate 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.

The Level I investigator or alternate investigator shall be responsible for determining 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 l investigator or alternate 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 or alternate investigator determines the allegations of physical abuse are founded and serious, the Level I investigator or alternate 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 or alternate investigator shall refer the case on to the Level II investigator.

The Level II investigator shall review the Level I investigator or alternate 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:

Physical abuse is non-accidental physical injury to the student as a result of the action of an employee. Injury occurs when evidence of it is still apparent at least twenty-four hours after its occurrence. The following do not constitute physical abuse, and no employee is prohibited from:

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 provided 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 or 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 in initiating the physical contact.

e. The extent of injury to the student resulting from 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 alike force or threat.

Upon completion of the Level II investigation, the Level ll investigator or alternate 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 or alternate 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 or alternate investigator shall file a complaint with the State Board of Educational Examiners. The Level I investigator or alternate 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 or alternate investigator shall make copies of the report and give a copy to the person filing the report, the students' 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 or alternate investigator shall interview the student as soon as possible, but in no case later than five days from the receipt of a report or notice of the allegation of sexual abuse. The Level I investigator or alternate investigator may record the interview electronically.

The Level I investigator or alternate 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.

The Level I investigator or alternate investigator shall be responsible for determining 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 or alternate 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 or alternate 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 circumstances contained in the report, the Level I investigator or alternate 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 or alternate investigator shall, if founded, arrange for the Level I investigator to further investigate the allegations.

Within fifteen days of receipt of the report or notice of alleged sexual abuse, the Level I investigator or alternate 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 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 school employee is certificated.

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 l investigator or alternate 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 Il investigator or alternate 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 or alternate 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 l investigator or alternate 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 or alternate 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 l investigative report is founded but Level II is unfounded, then the Level l report shall be removed from the employee's permanent file.

The board shall 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.

 

 

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

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.

 

 

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

The Disease

Hepatitis B is a viral infection caused by the Hepatitis B virus (HBV) which causes death in 1-2% of those infected. Most people with HBV recover completely, but approximately 5-10% become chronic carriers of the virus. Most of these people have no symptoms, but can continue to transmit the disease to others. Some may develop chronic active hepatitis and cirrhosis. HBV may be a causative factor in the development of liver cancer. Immunization against HBV can prevent acute hepatitis and its complications.

The Vaccine

The HBV vaccine is produced from yeast cells. It has been extensively tested for safety and effectiveness in large scale clinical trials.

Approximately 90 percent of healthy people who receive two doses of the vaccine and a third dose as a booster achieve high levels of surface antibody (anti-HBs) and protection against the virus. The HBV vaccine is recommended for workers with potential for contact with blood or body fluids. Full immunization requires three doses of the vaccine over a six-month period, although some persons may not develop immunity even after three doses.

There is no evidence that the vaccine has ever caused Hepatitis B. However, persons who have been infected with HBV prior to receiving the vaccine may go on to develop clinical hepatitis in spite of immunization.

Dosage and Administration

The vaccine is given in three intramuscular doses in the deltoid muscle. Two initial doses are given one month apart and the third dose is given six months after the first.

Possible Vaccine Side Effects

The incidence of side effects is very low. No serious side effects have been reported with the vaccine. Ten to 20 percent of persons experience tenderness and redness at the site of injection and low grade fever. Rash, nausea, joint pain, and mild fatigue have also been reported. The possibility exists that other side effects may be identified with more extensive use.

******************************************************************************

CONSENT OF HEPATITIS B VACCINATION

I have knowledge of Hepatitis B and the Hepatitis B vaccination. I have had an opportunity to ask questions of a qualified nurse or physician and understand the benefits and risks of Hepatitis B vaccination. I understand that I must have three doses of the vaccine to obtain immunity. However, as with all medical treatment, there is no guarantee that I will become immune or that I will not experience side effects from the vaccine. I give my consent to be vaccinated for Hepatitis B.

_____________________________________________		__________________
Signature of Employee (consent for Hepatitis B vaccination)		Date
______________________________________________		__________________
Signature of Witness		Date

******************************************************************************

REFUSAL OF HEPATITIS B VACCINATION

I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring the Hepatitis B virus infection. I have been given the opportunity to be vaccinated with Hepatitis B vaccine at no charge to myself. However, I decline the Hepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring Hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with the Hepatitis B vaccine, I can receive the vaccination series at no charge to me.

______________________________________________		__________________
Signature of Employee (refusal for Hepatitis B vaccination)		Date
______________________________________________		__________________
Signature of Witness		Date

   

I refuse because I believe I have (check one)

_____ started the series _____ completed the series

******************************************************************************

RELEASE FOR HEPATITIS B MEDICAL INFORMATION

I hereby authorize _____________________ (individual or organization holding Hepatitis B records and address) to release to the _____________________ Community School District, my Hepatitis B vaccination records for required employee records.

I hereby authorize release of my Hepatitis B status to a health care provider, in the event of an exposure incident.

______________________________________________		__________________
Signature of Employee		Date
______________________________________________		__________________
Signature of Witness		Date

******************************************************************************

CONFIDENTIAL RECORD

                                                                                                                                                                                                      

                                 Employee Name (last, first, middle)                                                             Social Security No.

Job Title:                                                                                                       

	Hepatitis B Vaccination Date		Lot Number		Site			Administered by
1	________________________		______		__			_____
2	________________________		______		__			_____
3	________________________		______		__			_____
Additional Hepatitis B status information: _____________________________________________
Post-exposure incident: (Date, time, circumstances, route under which exposure occurred)__________________________________________________________________
Identification and documentation of source individual: __________________________________________________________________________
Source blood testing consent: ________________________________________________________________________________________________________________________________
Description of employee's duties as related to the exposure incident: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________
Copy of information provided to health care professional evaluating an employee after an exposure incident: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________
Attach a copy of all results of examinations, medical testing, follow-up procedures, and health care professional's written opinion.
Training Record: (date, time, instructor, location of training summary) ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________

 

 Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

Name of complainant:

 

Position of complainant:

 

Date of complaint:

 

Name of alleged harasser:

 

Date and place of incident or incidents:

 

 

Description of misconduct:

 

 

Name of witnesses (if any):

 

 

 

 

Evidence of harassment, Le., letters, photos, etc. (attach evidence if possible):

 

 

Any other information:

 

 

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

Signature:                                                                               Date:

 

 

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

Name of witness:

 

Position of witness:

 

Date of testimony, interview:

 

Description of instance witnessed:

 

 

 

 

 

 

 

 

 

Any other information:

 

 

 

 

 

I agree that all of the information on this form is accurate and true to the best of my

knowledge.

 

Signature:                                                                               Date:

 

 

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

Harassment of employees and students will not be tolerated in the school district. School district includes school district facilities, school district premises, and

non school property if the employee or student is at any school sponsored, school approved or school related activity or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

Harassment includes, but is not limited to, racial, religious, national origin, age, disability and sexual harassment. Harassment by board members, administrators, employees, parents, vendors, and others doing business with the school district is prohibited. Employees whose behavior is alleged to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, discharge or other appropriate action. Other individuals whose behavior is alleged to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the superintendent or board.

Sexual harassment shall include, but not be limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

            .submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

            .submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

            .such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile,
             or offensive working environment.

Other types of harassment may include, but not be limited to, jokes, stories, pictures or objects that are offensive, tend to alarm, annoy, abuse or demean certain individuals and groups.

 

COMPLAINT PROCEDURE

An employee or student who believes that they have been harassed shall notify

the designated investigator or alternate investigator. The investigator may request that the employee or student complete the Harassment Complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures. Information received during the investigation shall be kept confidential to the extent possible.

The investigator, with the approval of the superintendent, or the superintendent has the authority to initiate a harassment investigation in the absence of a written complaint.

 

INVESTIGATION PROCEDURE

The investigator shall reasonably and promptly commence the investigation upon receipt of the complaint. The investigator shall interview the complainant and the alleged harasser. The alleged harasser may file a written statement refuting or explaining the behavior outlined in the complaint. The investigator may also interview witnesses as deemed appropriate.

Upon completion of the investigation, the investigator shall report to the superintendent. The investigator will outline the findings of the investigation to the superintendent.

 

RESOLUTION OF THE COMPLAINT

The superintendent will complete the next step in the investigation reasonably and promptly upon receipt of the investigator's report. Following the investigator's report, the superintendent may investigate further, if deemed necessary, and make a determination of the appropriate next step which may include discipline up to and including discharge.

Prior to the determination of the appropriate remedial action, the superintendent may, at the superintendent's discretion, interview the complainant and the alleged harasser. The superintendent shall file a written report closing the case. The complainant, the alleged harasser and the investigator shall receive notice as to the conclusion of the investigation.

 

POINTS TO REMEMBER IN THE INVESTIGATION

            .Evidence uncovered in the investigation is confidential.

            ·Complaints must be taken seriously and investigated.

            .No retaliation will be taken against individuals involved in the investigation process.

            .Retaliators will be disciplined up to and including discharge.

 

CONFLICTS

If the investigator is the alleged harasser or a witness to the incident, the alternate investigator shall be the investigator.

If the alleged harasser is the superintendent, the alternate investigator shall take the superintendent's place in the investigation process. The alternate investigator shall report the findings to the board.

 

 

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

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

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

   

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

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

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

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

******************************************************************************

SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM

I, ____________________________________ , have read and understand the Substance-Free Workplace policy. I understand that if I violate the Substance-Free Workplace policy, I may be subject to discipline up to and including termination 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)

 

 

Approved:  May 2020

 

I, (   Name of Employee   ), have received a copy, read and understand the Drug and Alcohol Testing Program policy of the Dunkerton Community 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 received a copy of the U.S. DOT publication, "What Employees Need to Know about DOT Drug & Alcohol Testing," and have read and understand its contents.

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

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

_______________________________________		_____________________
(Signature of Employee)		(Date)

 

I,  (   Name of Employee   ), understand that as part of my employment in a position that requires a commercial driver’s license in the Dunkerton 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)

 

Acceptable Proof of Vaccination Status

To satisfy the vaccination requirement within this policy, employees must submit to the Superintendent or Superintendent’s designee acceptable proof of vaccination status no later than January 10, 2021.  Acceptable proof of vaccination status includes:

1. Immunization records from a healthcare provider or pharmacy;
2. A copy of a COVID-19 Vaccination Record Card;
3. A copy of medical records documenting immunization;
4. A copy of immunization records from a public health, state or tribal immunization information system;
5. Any other official documentation that contains the type of vaccine administered, dates of administration, and the name of the administering health provider or clinic;
6. If any other records are unavailable a signed and dated personal attestation statement.

Any employee who fails to provide acceptable proof of vaccination status may face disciplinary action up to and including termination.

Record Keeping

The district is required by law to keep a roster of the vaccination status of all employees. Employees will be considered unvaccinated until their vaccination status can be determined.

Any records showing proof of employee vaccination status the district maintained prior to November 5, 2021 will be considered sufficient proof of the employee’s vaccination status.

Any records related to an employee’s vaccination status, including the employee vaccination status roster, will be considered confidential employee medical records not subject to public disclosure and stored as employee medical records consistent with law.  These records will be maintained by the district for as long as 29 C.F.R. 1910.501 remains in effect.

Testing

Beginning February 9, 2022, employees who are not fully vaccinated must submit proof of negative COVID-19 test results every 7 days.  Documentation of negative test results must be provided to the district no later than every 7 days.  Employees who are not fully vaccinated and do not report to work for longer than 7 days (ex. an employee on vacation or on leave) must provide documentation of a negative test result upon their return to work.  If the employee fails to provide proof of a negative test result, the district must keep the employee removed from the workplace until the negative test result documentation is provided.

Employees who receive a positive COVID-19 test result or have been diagnosed with COVID-19 by a licensed healthcare provider; are not required to produce another test result for 90 days from the date of their positive result.

Positive Test Results

Regardless of vaccination status, employees must report any positive COVID-19 test results or a diagnosis of COVID-19 by a licensed healthcare provider to the district.  Any employee so reporting will be immediately removed from the workplace and will stay removed from the workplace until any of the following occur:

• The employee receives a negative result on a COVID-19 nucleic acid amplification test (NAAT) following a positive result on a COVID-19 antigen test if the employees chooses to seek the confirmatory test
• The employee meets the return to work criteria in the CDC’s “Isolation Guidance” listed here: https://www.cdc.gov/coronavirus/2019-ncov/your-health/quarantine-isolation.html
• The employee receives a recommendation to return to work from a licensed healthcare provider.

New Employees

New employees will be subject to the provisions of this policy upon hire as soon as practicable.  Within 7 days of hire, new employees will provide proof of their vaccination status to the district in accordance with the requirements of this policy.  Unless fully vaccinated, new employees will abide by the testing and face covering requirements of this policy within 7 days of hire.

Leave

As required by 29 C.F.R. 1910.501, the district will provide up to 4 hours of paid leave to cover the time required to travel to and obtain each dose of the primary vaccination for COVID-19.  If additional time is required, the employee may use other accrued leave available.  The district will also provide reasonable paid sick leave to employees to recover from any effects of each primary dose of COVID-19 vaccine.  The district may require employees to use previously accrued paid sick leave first.

Employees Excluded

Employees who work fully remote from the job site; employees working from home; and employees who work exclusively outdoors are excluded from the vaccination, testing and face covering requirements of this policy.  Employees fully remote from the job site does not include employees whose work requires them to work off site from the district but in the presence of students or employees of the district.  Employees who work exclusively outdoors means those individuals who do not spend any part of their work time indoors.

Face Coverings

Beginning January 10, 2021, face coverings must be worn by all employees who have not provided proof of full vaccination status to the district.  Face coverings will be worn when employees are working indoors, in vehicles or other enclosed spaces.  Face coverings are not required to be worn when employees are: working alone in a room with floor to ceiling walls and a closed door; verifying identity for security purposes or eating/drinking; when an employee is wearing a respirator or facemask; or where the district can show that the use of a face covering is infeasible or creates a greater hazard.  The face covering must fully cover the employee’s nose and mouth; and be replaced when wet, soiled or damaged.

Reporting Requirements of the District

The district will report to OSHA:

• Each work-related COVID-19 fatality within 8 hours of the employer learning about the fatality;
• Each work-related COVID-19 inpatient hospitalization within 24 hours of the employer learning about the inpatient hospitalization.

The district will report to individual employees or anyone having written authorized consent of the employee by the end of the next business day after the request is made:

• Documentation of any COVID-19 test results for that employee;
• The aggregate number of fully vaccinated employees at a workplace along with the total number of employees at that workplace.

The district will provide to the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or their designee:

• A copy of this policy, and the aggregate number of fully vaccinated employees at a workplace along with the total number of employees at that workplace, to be provided within 4 business hours of the request being made; and
• All other records and supporting documents related to this policy by the end of the next business day of the request being made.

 

For additional information on COVID-19 vaccine efficacy, safety, and the benefits of being vaccinated, please consult the following document “Key Things to Know About COVID-19 Vaccines” https://www.cdc.gov/coronavirus/2019-ncov/vaccines/keythingstoknow.html

29 C.F.R. 1904.34(b)(1)(iv) prohibits the employer from discharging or in any manner discriminating against an employee for reporting a work-related injury or illness.

11(c) of the Occupational Safety and Health Act prohibits the employer from discriminating against an employee for exercising rights under, or as a result of actions that are required by, this policy.  11(c) also protects employees from retaliation by the employer for filing an occupational safety or health complaint, reporting a work-related injury or illness, or otherwise exercising any rights provided by the OSH Act.

18 U.S.C. 1001 and section 17(g) of the OSH Act provide for criminal penalties associated with knowingly supplying false statements or documentation in accordance with this policy.

 

I, ____________________ as an employee of the District do personally attest to the following:

1. My vaccination status for COVID-19 is ________________ [fully vaccinated or partially vaccinated].
2. To the best of my recollection, I can provide the following information about my vaccination status:  ___________________________ [type of vaccine administered, date(s) of administration, name of health care providers and clinic site]
3. I have lost proof of my vaccination status and am otherwise unable to provide proof of my vaccination status.
4. I declare that this statement about my vaccination status is true and accurate.  I understand that knowingly providing false information regarding my vaccination status on this form may subject me to criminal penalties.

   

___________________________________  ________________________
Employee                                                                          Date

 

Date:
Employee Name:
Email Address:
Position/Job Title:
Employee Telephone Number:
Employment Location:

(1) What is the basis for the medical accommodation that you are requesting?        

 

(2) What are you requesting an accommodation from?

Item	Yes/No
Vaccination for COVID-19
Testing for COVID-19
Use of Face Coverings

___________________________________  ________________________________
Employee Signature                                                         Date

         

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

Office Use

This request has been:

______________________________  ________________________________
Approved                                                                 Denied

_______________________________________________________________
Administrator                                                                Date

 

Date:
Employee Name:
Email Address:
Position/Job Title:
Employee Telephone Number:
Employment Location:

(1) Please identify the policy requirement or practice that conflicts with your sincerely held religious observance, practice or belief:

  

  

 

(2) Please describe the nature of your sincerely held religious beliefs or religious practice or observance that conflict with the policy or practice you have identified above:

  

  

(3) What are you requesting an accommodation from?

Item	Yes/No
Vaccination for COVID-19
Testing for COVID-19
Use of Face Coverings

  

___________________________________  ________________________________

Employee Signature                                       Date

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

Office Use

This request has been:

______________________________  ________________________________
Approved                                                                    Denied

_______________________________________________________________ 
Administrator                                                                Date

 

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

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs 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.

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.

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

 

 

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

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

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

I also understand that I must inform my supervisor of any prescription medication I use. I further understand that drug and alcohol testing records about me are confidential and may be released in accordance with this policy, its supporting administrative regulations or the law.

 

 

(Signature of Employee)

 

 

(Date)

 

 

 

Approved: November 1995      
Reviewed: January 2017, May 2020

 

Name (print)                                                               Social Security Number

 

The following records should be on file prior to, and must be no later than 14 days of, your performing a safety-sensitive function for the school district. Without these records from your prior employers you will be unable to perform a safety-sensitive function for the school district and will no longer be employed by the school district at the expiration of the 14-day period.

I authorize release of the following records related to my participation in a U.S. DOT approved and/or other drug and alcohol testing program for the prior two years:

                      ·Alcohol test results of 0.04 breath alcohol concentration or greater;

                      ·Positive drug test results;

                      ·Refusals to be tested for drugs or alcohol;

                      ·Substance abuse evaluations;

                      ·Recommended treatment by a substance abuse professional;

                      ·Completion of treatment recommended by a substance abuse professional; and

                      ·Other information related to violations of U.S. DOT drug and alcohol regulations.

 

Signature                                                                                 Date

 

 

RECORDS TO BE RELEASED FROM:

 

Company Name:

 

Address:

 

Telephone/other:

 

RECORDS TO BE RELEASED TO:

 

School District Contact Person:

 

Address:

 

_ Requested information enclosed

 

 

I certify, to the best of my knowledge, the company named above has a U.S. DOT drug and alcohol testing program conforming to U.S. DOT requirements in place and the above named individual participated in such program from (date) to (date) and, within the two years preceding this request, had no alcohol test results of 0.04 breath alcohol concentration or greater, no positive drug test results, no refusals to be tested for drugs or alcohol, no substance abuse professional evaluations, no recommended treatment for substance abuse, or other violations related to the U.S. DOT drug and alcohol regulations.

 

 

Named/Signature/Title                                                                       Date

 

 

 

Approved: November 1995      
Reviewed: January 2017, May 2020

 

Date

 

Name (print)                                                                                       Social Security Number

 

 

The above named employee is to have the following test done:

 

_Drug Type of Test:

_Alcohol

 

_Both Drug and Alcohol

 

Time Sent by District School District Contact Person (Phone)

 

 

Time Arrived at Collection Site                                             Collection Site Person

 

 

Time Test Was Completed                                                     Collection Site Person

 

I understand I am to go directly to the collection site located at:

                  

                                                                                                                   (address of collection site)

 

 

 

Employee's Signature                                                             Date

 

 

 

 

Approved: November 1995      
Reviewed: January 2017, May 2020

 

Name                                                                                      Social Security Number

 

 

I certify that I have been employed by the following employers during the two years prior to the date stated below and that I was required to possess a commercial driver's license (CDL) during the term of my employment.

 

 

Company

 

Address                                  

 

City/State/Zip

 

 

Company

 

Address                                  

 

City/State/Zip

 

 

Company

 

Address          

                       

City/State/Zip

 

 

 

Approved: November 1995      
Reviewed: January 2017, May 2020

 

Employee's Name                                           Date of Observation

 

Time of Observation: From _ a.m. / p.m. to _ a.m. / p.m.

 

Location:

 

Observed personal behavior: (check all appropriate items)

Speech:                                   _Normal          _Incoherent             _Confused

_Slurred          _Whispering   _Silent

 

Balance:                                  _Normal          _Swaying             _Staggering     _Falling

 

Walking and Turning:            _Normal          _Stumbling     _Swaying             _Falling          

_Arms raised for balance            _Reaching for support

 

Awareness:                             _Normal          _Confused       _Paranoid

                                                _Sleepy or Stupor       _Lack of coordination

 

Odor:                                       _Normal          _Alcohol         _Burned rope

 

Other observed behavior/odor:

 

Reasonable suspicion of current use or impaired by:             _alcohol             _ drugs.

 

Above behavior witnessed by:

Signed                                                             Date

 

Signed (optional)                                            Date

 

This form must be completed by each trained employee observing the driver suspected of drug use and/or alcohol misuse by behavior, speech and/or odor while on duty, the earlier of within 24 hours or the determination of reasonable suspicion or prior to receiving the test results. The observations must be specific, contemporaneous and articulate concerning the appearance, behavior, speech and body odor of the driver.

 

I,                                        , have been informed of the requirement to submit to a drug test prior to being employed by the school district to perform a safety-sensitive function. I consent to submit to the drug and alcohol testing program as required by the Drug and Alcohol Testing Program policy, its supporting administrative regulations and the law.

 

I understand that the results of my drug test will be shared with the school district. I also understand that if I have a positive drug test result, I will not be considered further for employment with the school district.

 

I further understand that the drug and alcohol testing records and information about me is confidential, and may be released at my request or in accordance with the law.

 

 

 

 

(Signature of Applicant)                                                                                 (Date)

 

 

Approved: November 1995      
Reviewed: January 2017, May 2020

 

School District Contact Person:                                             Date:

 

School District:                                               Phone:

 

Address:

 

Social Security Number and Name (first and last).

Example 111-22-3333, John Doe.

 

Additions                                                                                Deletions

 

SSN                 Name                                                                          SSN                 Name

 

 

 

 

 

Please list all qualified drivers who must be tested under the federal regulations. Make copies of this form if you need additional space. Changes must be made in writing. Telephone changes cannot be accepted.

Changes for a month must be received the last business day of the prior month to be effective for the month. Random list updates cannot be data entered for a new month if this form is received on or after the first of the new month.

 

Please fax or mail to: (Need to replace with new address)

 

 

Approved: November 1995      
Reviewed: January 2017, May 2020

 

I,                      , understand I have violated the Drug and Alcohol Testing Program

policy, its supporting administrative regulations and the law by having a

 

_ Positive drug test result

Alcohol test result of 0.04 alcohol breath concentration or greater.

I understand in order to continue my employment, I must be evaluated by a substance abuse professional who shall determine what assistance, if any, I need in resolving problems associated with drug use and/or alcohol misuse. I consent to submit to an evaluation by a substance abuse professional and I understand that my failure to cooperate with and complete the substance abuse evaluation may subject me to discipline up to and including termination.

 

I also understand that in order to continue my employment, I must successfully complete the substance abuse professional's recommended substance abuse treatment program, if any. I consent to successfully complete any recommended substance abuse treatment program, and I understand that my failure to successfully participate and complete the recommended substance abuse treatment program, if any, may subject me to discipline up to and including termination.

 

I further understand that in order to continue my employment, I must authorize the release to the school district any records related to my substance abuse evaluation and recommended substance abuse treatment program in the possession of or accessible by the substance abuse professional. I consent to authorize the release of the substance abuse professional's records related to my substance abuse evaluation and recommended substance abuse treatment program, if any, to the school district and I understand that my failure to release these records may subject me to discipline up to and including termination.

 

 

(Signature of Employee)                                                                                (Date)

 

 

Approved: November 1995      
Reviewed: January 2017, May 2020

 

The following instructions have been reviewed by the drivers subject to the drug and alcohol testing program. These instructions must be kept in the school vehicle for reference in the event of an accident. The driver operating the school vehicle is responsible to carry out the instructions.

1. Take action to maintain the safety and health of the persons being transported in the school vehicle.

2. Report the accident to the following person as soon as practicable following the accident and follow any directions given to the driver.

 

Mr. Jim Stanton Dunkerton Community School

District 319 822-4295 319 822  7011 (home phone)

Back-up school district contact person: Beth Weepie

(319  939 – 3828 home phone)

 

3. Determine whether any of the following have occurred, and if so, post-accident drug and alcohol testing must be done.

a. The driver was cited and bodily injury occurred to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident.

b. The driver was cited and one or more motor vehicles incurred disabling damage as a result of the accident, requiring a vehicle to be transported away from the scene by a tow truck or other vehicle.

c. A fatality, other than the driver, occurred.

 

            4. Consume no alcohol for eight hours or prior to submitting to a post-accident alcohol test, whichever occurs first, following an accident
                meeting the criteria in "3 Above.

 

5. Remain available to submit to a post-accident alcohol test within two hours and no later than eight hours after the accident.

 

6. Remain available to submit to a post-accident drug test as soon as possible after the accident and no later than 32 hours after the accident.

 

7. Failure to remain available for post-accident drug and alcohol testing is considered a refusal to test and may subject the driver to discipline
               up to and including Termination.

 

8. Seek appropriate medical attention despite the need to remain available to submit to a post-accident drug and alcohol tests.

 

9. Using the Transportation Emergency Assistance Program developed by the Iowa Pupil Transportation Association, contact the nearest school district transportation director for assistance.

 

10. Obtain the name, badge number and telephone number of the law enforcement officer if the  law enforcement officer conducts a post-
            accident drug and/or alcohol test. If possible, obtain copies of any alcohol and drug test results conducted by the law enforcement officer.
            Since these test results are generally unacceptable to meet the school district's requirements for post-accident drug and alcohol testing, the
            driver must remain available for post-accident drug and alcohol testing by a trained collection site person.

 

11 . Complete the School Bus Accident Report form issued by the Iowa Department of Education as soon as possible.

 

12. Document failure to submit to a post-accident alcohol test:

                        a. Document why the driver was not alcohol tested within two hours after the accident.

                        b. Document why the driver was not alcohol tested within eight hours after the accident.

                        c. A copy of the documentation must be submitted to the superintendent's secretary upon return to the school district.

 

13. Document failure to submit to a post-accident drug test:

                        a. Document why the driver was not drug tested within 32 hours after the accident.

                        b. A copy of the documentation must be submitted to the superintendent's secretary upon return to the school district.

 

 

Approved: November 1995
Reviewed: January 2017, May 2020
Revised: April 2009  

 

Section I: General requirements:

Determine qualifying drivers in the drug and alcohol testing program. (Driver must meet first and third OR second and third).

_ Drive or may drive a vehicle transporting 16 or more persons, including the Driver;

_ Drive or may drive vehicles weighing over 26,001 pounds requiring a commercial driver's license; and

_ Drive full time, part-time, occasionally, under a lease or under a contract with an independent contractor or otherwise drive with the
               consent of the school district.

Total drivers meeting the qualifications above in the drug and alcohol testing program.

Regularly employed drivers

Substitute drivers

Others who are available to drive.

Determine delivery method of drug and alcohol testing program.

                        Iowa Drug and Alcohol Testing Program (lDATP).

                        (Contact lASS for information.)

Identify the school district contact person(s) and back-up school district contact person(s).

 

Draft board policy and supporting administrative regulations and forms.

 

Hold meeting to inform drivers about the federal regulations and board policy, its supporting administrative regulations and forms.

_ Inform drivers that time involved with drug and alcohol testing is on-duty time and they will be paid.

                        _ Inform drivers that their records related to drug and alcohol testing are confidential records and will only be released with appropriate
                                    authorization.

Adopt board policy, its supporting administrative regulations and forms.

 

Hold meeting or meet with drivers individually to inform them about the federal regulations, board policy and its supporting administrative regulations and forms.

drivers complete policy sign off sheet. (403.7-E2)

drivers take policy and sign off sheet with them to complete within a limited number of days. (403.7-E2)

 

File policy sign off sheet in each driver's drug and alcohol testing personnel file.

 

File unsigned policy sign off sheet in the driver's drug and alcohol testing personnel file with documentation why it is unsigned.

 

Instruct drivers on procedures to follow in the event of an accident. (403.7 E10)

 

Place summary of post-accident instructions in each school vehicle for reference by driver in the event of an accident. (403.7-E10)

 

Make arrangements with the Department of Education to have a minimum of two employees receive the reasonable suspicion training.

 

Confirm with the school district's employee assistance program the availability of a substance abuse professional or locate the nearest substance abuse professional.

 

The substance abuse professional is required to be 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.

 

Compile a list of resources available to provide evaluation and assistance with drug use or alcohol misuse for the drivers.

 

Make arrangements with substance abuse professional to have drivers sign a release of the substance abuse professional's records related to the driver. (403.7-E9)

 

Ensure the substance abuse professional will refer drivers for treatment, if any, to a public agency, a person under contract with the school district, the sole source of appropriate treatment under the driver's health insurance program, or the sole source of appropriate treatment reasonably accessible to the driver and not to the substance abuse professional's personal practice or to a person or organization from which the substance abuse professional receives financial remuneration or has a financial interest.

 

_ Make arrangement for written documentation from substance abuse professional when a driver fails to cooperate and successfully complete the substance abuse evaluation and the recommended substance abuse treatment, if any.

 

Develop a training program or contract for training to educate drivers about the effects of drug use and alcohol misuse on their work and their personal lives.

Contact the collection site and arrange a meeting.

_ Decide the procedures for setting up appointments.

_ Decide the school district's collection site contact person.

_ Decide procedures when a driver has not photo identification

_ Decide procedures for receiving alcohol test results.

_ Decide the procedures for transporting drivers with an alcohol test result of 0.02 breath alcohol concentration or greater.

 

Section II. Record keeping

 

Obtain limited access secure storage files separate and apart from the drivers' general personnel records.

Create individual driver drug and alcohol testing file.

_ Policy sign off sheet. (403.7-E2)

_ Agreement to participate in the program. (403.7-E2)

_ Pre-employment drug and alcohol testing related information. (Applicable only to drivers hired after Jan.1, 1996). (403.7-E5)

                       _ Pre-employment release of prior employer drug and alcohol testing related Information. (Applicable only to drivers hired after Jan.1
                                ,1996). (403.7-E3)

_ Pre-employment drug test authorization. (Applicable only to drivers hired after Jan. 1, 1996. (403.7-E7)

_ Copy of Drug/Alcohol Test Notification form. (403.7-E4)

_ Copy of drug test chain of custody form.

_ Copy of alcohol test form.

_ Refusals to test.

_ Substance abuse professional evaluation and treatment records.

_ Other information pertinent to the driver.

_ Supervisor and/or driver training sign-off sheets.

 

                 Create files for other drug and alcohol testing related information.

_ Accident information.

_ Random selection lists.

_ Positive drug test results.

_ Positive alcohol test results.

_ Negative drug tests results.

_ Negative alcohol tests results.

_ Change list of all driver adds/deletes from the drug and alcohol testing program. (403.7-E8)

_ Miscellaneous drug and alcohol testing related information. Records related to the calibration of the evidentiary breath testing
               devices, training of the collection site personnel and other related information kept by IDATP is available from IDATP provider within
               two working days.

 

Section III. Release of Drug and Alcohol Testing Related Records.

Generally, a drivers drug and alcohol testing records are released only with the permission of the driver.

Driver may have prompt access to and copies of their drug and alcohol testing records.

_ Request for access must be in writing.

_ Copying fees for the records must be in accordance with board policy.

Drug and alcohol testing records are available to subsequent employers with the driver's written authorization.

Without the driver's written permission, the driver's drug and alcohol test records are made available to a decisionmaker in a lawsuit, grievance or other proceeding initiated by or on behalf of the driver, and arising from the results of a drug or alcohol test under the federal regulations or from the school district's determination that the driver violated the federal regulations.

 

Section IV. Pre-employment testing

Include the requirement of a drug test in any advertising, posting or other notice of the driver position.

Inform the applicant at the first personal interview of the requirement for a drug test.

Applicant completes the Pre-employment Drug Test Acknowledgement form. (403.7-E7)

Applicant completes the Consent for Release of Information form. (403.7-E3)

Applicant completes Certification of Previous Employers Requiring a Commercial Driver's License. (403.7-E5)

Applicant completes the Drug/Alcohol Test Notification Form. (403.7-E4)

Obtain information required on the Consent for Release of Information form. (403.7-E3)

_ Received prior to the applicant performing a safety-sensitive function.

_ Received within fourteen days of the applicant performing a safety sensitive function. (Recommended only when absolutely
               necessary.)

Applicant obtains the pre-employment drug test.

Receive pre-employment drug test results.

_ Negative drug test allows the applicant to begin to perform a safety sensitive function.

_ Positive drug test removes the applicant from further consideration for the driver position.

Forward the pre-employment drug test results to the applicant upon the applicant's request.

File all documentation

If not hired, file with the applicant's application.

If hired, file with the applicant's drug and alcohol related personnel file.

 

Section V: Alcohol Test Results.

Receive alcohol test results from collection site person.

_ By telephone using a password system with written results to follow by mail (or other means).

_ By a secure electronic means.

_ By secure fax.

Alcohol test result is less than 0.02 breath alcohol concentration.

_ Driver may continue to perform a safety-sensitive function.

Alcohol test result is 0.02 to 0.0399 breath alcohol concentration.

_ School district transport driver to home or other location.

_ Driver may not perform a safety-sensitive function for twenty-four hours.

_ Make arrangements for substitute, if necessary.

_ No action may be taken against the driver under the federal regulations.

_ Repeated offenses must be reported to superintendent for disciplinary action up to and including termination.

_ Document incident and file.

Alcohol test result is 0.04 or greater breath alcohol concentration.

_ School district transport driver to home or other location.

_ Driver may not perform a safety-sensitive function until evaluated by a substance abuse professional and completed the
                      recommended substance abuse treatment program, if any.

_ Make arrangements for substitute, if necessary.

_ Place driver on leave pending the substance abuse professional's evaluation.

_ Make arrangements with a (substance abuse professional/employee assistance program) including the requirement that the driver sign a release of the driver's records held by and accessible to the substance abuse professional.

_ Driver signs the Drug and Alcohol Testing Program Referral to Substance Abuse Professional Acknowledgement form agreeing to release the driver's records held by and accessible to the substance abuse professional. (403.7-E9)

_ Maintain contact with the substance abuse professional for updates on the driver's progress and cooperation.

_ Driver returns to work after completing the substance abuse professionals recommended substance abuse treatment program, if any, and having an alcohol test result of less than 0.02 breath alcohol concentration.

_ Reports of the driver's failure to cooperate and/or complete the treatment, if any must be reported to the superintendent for disciplinary action up to and including termination.

_ No action may be taken against the driver under Iowa law the first positive alcohol test as long as the driver cooperates with the substance abuse professional and completes the recommended substance abuse treatment program, if any.

_ Repeated offenses must be reported to the superintendent for discipline up to and including termination.

_ Document the incident and driver's progress.

 

Section VI: Positive Drug Test Results.

Receive drug test results from the medical review officer.

_ By telephone using a password system with written results to follow by mail (or other means).

_ By secure electronic means to be printed for filing.

_ By secure fax.

Drug test result is negative.

Driver may continue to perform a safety-sensitive function.

Drug test result is positive.

_ Driver may not perform a safety-sensitive function until has been evaluated by a substance abuse professional and completed the
                       treatment, if any.

_ Make arrangements for substitute, if necessary.

_ Place driver on leave pending the substance abuse professional's evaluation.

_ Make arrangements with a (substance abuse professional/employee assistance program) including the requirement that the driver sign a release of the driver's records held by and accessible by the substance abuse Professional.

_ Driver signs the Drug and Alcohol Testing Program Referral to Substance Abuse Professional Acknowledgement form agreeing to release the driver's records held by and accessible to the substance abuse professional. (403.7-E9)

_ Maintain contact with the substance abuse professional for updates on the driver's progress and cooperation.

                        _ Driver returns to work after completing the substance abuse professional's recommended substance abuse treatment program, if
                                   any, and having a negative drug test result.

_ Reports of the driver's failure to cooperate and/or complete the recommended substance abuse treatment program, if any, must be reported to the superintendent for disciplinary action up to and including termination.

_ No action may be taken against the driver under Iowa law for the first positive drug test as long as the driver cooperates with the substance abuse professional and completes the recommended substance abuse treatment program, if any.

_ Repeated offenses must be reported to the superintendent for discipline up to and including termination.

_ Document the incident and driver's progress.

 

Section VII: Random Drug and Alcohol Testing.

Receive the random selection list from IDATP.

Determine the date and time a random selection driver will be notified and make appointments at the collection site.

Notify selected drivers or, if unavailable, selected alternate drivers.

_ Notify the required number of drivers on the random selection list prior to the end of the month.

_ Vary notification each month, including day, week and time of day to ensure drivers do not know the random testing is completed for the month and now they are free to misuse alcohol or use drugs until the next month.

Notified drivers sign the Drug/Alcohol Test Notification form. (403.7-E4)

Driver proceeds to collection site.

Document, if necessary, reasons why any driver on the random selection list was not notified and attach documentation to the random
                    selection list.

Go to Section V, Alcohol Test Results, or Section VI, Positive Test Results, for appropriate action based on test results.

 

Section VIII: Reasonable Suspicion Testing.

Reasonable suspicion trained employee documents specific, contemporaneous, articulable observations of the driver's behavior, speech or body odors on the Reasonable Suspicion Observation form. (403.7-E6)

A second reasonable suspicion trained employee, if at all possible, documents specific, contemporaneous, articulable observations of the driver's behavior, speech or body odors on the Reasonable Suspicion Observation form. (403.7-E6)

Driver is removed from performing a safety-sensitive function pending the drug and/or alcohol test results.

Driver completes Drug/Alcohol Testing Notification form. (403.7-E4)

Driver is transported to the collection site.

Complete and file documentation of Reasonable Suspicion Observation form immediately and no later than within twenty-four hours or prior to receiving the test results. (403.7-E6)

 

Section IX: Post-Accident Testing.

Instruct driver on procedures to follow in the event of an accident.

Place summary of instructions in each school vehicle with the Iowa Pupil Transportation Association's Transportation Assistance Manual for reference by driver in the event of an accident. (403.7-E9)

Receive notice of accident from driver.

Determine whether post-accident testing must be done. (If any of the following are

present, post-accident testing must be done.)

_ The driver was cited and bodily injury occurred to a person who, as a result of the injury, required immediate medical treatment away
                       from the scene of the accident.

_ The driver was cited and one or more motor vehicles incurred disabling damage as a result of the accident, requiring a vehicle to be transported away from the scene by a tow truck or other vehicle.

A fatality, other than the driver, occurred.

Remind the driver of the requirement to remain available for drug and alcohol testing and to not consume alcohol for eight hours after the
                               accident.

Contact the nearest school district transportation director for the location of their collection site using the Iowa Pupil Transportation Association's Transportation Emergency Assistance Manual.

Make arrangement for the driver to be tested for alcohol within two hours and no later than eight hours after the accident.

_ The reason for failing to have an alcohol test after two hours but prior to eight hours after the accident must be documented and filed.

_ The reason for failing to have an alcohol test prior to eight hours after the accident must be documented and filed.

Make arrangement for the driver to be drug tested as soon as possible and no later than thirty-two hours after the accident.

_ The reason for failing to have a drug test after thirty-two hours after the accident must be documented and filed.

Medical attention to the driver is not denied in order to conduct the drug and alcohol tests.

Alcohol and drug test results conducted by law enforcement in accordance with the federal regulations may be used to meet the post-accident
                                drug and alcohol  testing requirements if the school district receives a copy of the test results.

Notify insurance company of all accidents whether post-accident drug and alcohol testing was required and ask insurance company to
                                 maintain a list of all accidents reported so a list of all accidents may be easily complied in the event of a U.S. DOT audit.

 

Section X: Return to Duty and Follow-up Testing.

Driver has completed the substance abuse professional's evaluation and recommended substance abuse treatment program, if any.

Driver must provide in accordance with the substance abuse professional's instructions a negative drug test result and/or alcohol test result of
                                less than 0.02 breath alcohol Concentration.

_ Meeting this requirement allows the driver to return to work to perform a safety-sensitive function.

_ Failure of the driver to meet this requirement is reported to the superintendent for discipline up to and including termination.

In accordance with the substance abuse professional's instructions, the driver is subject to a minimum of six unannounced drug and/or alcohol tests during the next twelve months and may be subject to unannounced drug and/or alcohol tests during the next forty-eight months.

The substance abuse professional notifies the school district when the drug and/or alcohol testing is to take place.

Make an appointment at the collection site for the appropriate collection.

Notified driver signs the Drug/Alcohol Test Notification form. (403.7-E4)

Driver proceeds to collection site.

A positive drug test result or an alcohol test result of greater than 0.02 breath alcohol concentration is reported to the superintendent for disciplinary action up to and including termination.

 

 

Approved: March 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020