402 EMPLOYEES AND OUTSIDE RELATIONS

402.1 RELEASE OF CREDIT INFORMATION

Original Adopted Date: 4-10-95                                          Last Revised Date: 6-9-03                                        Last Reviewed Date: 8-22-22

The following information shall be released to an entity with whom an employee has applied for credit or has obtained credit:  title of position, income, and number of years employed.  This information will be released without prior written notice to the employee.  Confidential information about the employee will be released to an inquiring creditor with a written authorization from the employee.

It shall be the responsibility of the board secretary or superintendent to respond to inquiries from creditors.

Legal Reference:          Iowa Code §§ 22.7; 279.8 (2013).

Cross Reference:         401.5   Employee Records

 

402.2 CHILD ABUSE REPORTING

 

Original Adopted Date: 4-10-95                                          Last Revised Date: 8-27-18                                        Last Reviewed Date: 8-22-22

In compliance with state law and to provide protection to victims of child abuse, incidents of alleged child abuse should be reported to the proper authorities. All employees should report alleged incidents of child abuse they become aware of within the scope of their professional duties to their immediate supervisor. Licensed employees are further required as mandatory reporters to report alleged incidents of child abuse to the Iowa Department of Human Services. The legal definition of child abuse is in the accompanying regulation.

When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter shall notify the Iowa Department of Human Services. If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency shall also be notified. Within forty-eight hours of the oral report, the mandatory reporter shall file a written report with the Iowa Department of Human Services.

Within six months of their initial employment, mandatory reporters shall take a two-hour training course involving the identification and reporting of child abuse. The course shall be re- taken at least once every five years.

In addition to the training licensed employees receive through the Mandatory Reporter Training the superintendent shall be responsible for developing a specific training program for all staff members that centers on the detection of sexual abuse in victims who are minors. This training shall be provided to all new employees and shall be conducted as part of the district inservice program every three years.

Legal Reference:         Iowa Code §§ 232.67-.77; 232A; 235A; 280.17 

                                    441 I.A.C. 9.2; 155; 175.

                                    1982 Op. Att'y Gen. 390, 417.

                                    1980 Op. Att'y Gen. 275. 

Cross Reference:        402.3   Abuse of Students by School District Employees

                                    502.9   Interviews of Students by Outside Agencies

                                    507      Student Health and Well-Being

402.3 ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

Original Adopted Date: 2-11-91                                          Last Revised Date: 6-9-03                                        Last Reviewed Date: 8-22-22

Physical or sexual abuse of students, including inappropriate and intentional sexual behavior, by employees will not be tolerated.  The definition of employees for the purpose of this policy includes those who work for pay but also those who are volunteers in the school district under the direction and control of the school district.   Employees found in violation of this policy will be subject to disciplinary action up to and including discharge.

The school district will respond promptly to allegations of abuse of a student by school district employees by investigating or arranging for the investigation of an allegation.  The processing of a complaint or allegation will be handled confidentially to the maximum extent possible.  Employees may be required to assist in the investigation to provide information and shall maintain the confidentiality of the reporting and investigation process.

The school district has appointed a Level I investigator and alternate Level I investigator.  The school district has also arranged for a trained, experienced professional to serve as the Level II investigator.  The Level I investigator and alternate will be provided training in the conducting of an investigation at the expense of the school district.  The names of the investigators shall be listed in the student handbook, published annually in the local newspaper and posted in all school facilities.

The superintendent is responsible for drafting administrative regulations to implement this policy.

Legal Reference:          Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1) (2013).

                                      281 I.A.C. 12.3(6), 102; 103.

                                      441 I.A.C. 155; 175.

                                      1980 Op. Att'y Gen. 275.

Cross Reference:    104      Bullying/Harassment

                                402.2   Child Abuse Reporting

                                503.5     Corporal Punishment

 

402.4 GIFTS TO EMPLOYEES

Original Adopted Date: 6-28-93                                          Last Revised Date: 6-9-03                                        Last Reviewed Date: 8-22-22

 

Employees may receive a gift on behalf of the school district.  Employees shall not, either directly or indirectly, solicit, accept or receive any gift, series of gifts or an honorarium unless the donor does not meet the definition of "restricted donor" stated below or the gift or honorarium does not meet the definition of gift or honorarium stated below.

A "restricted donor" is defined as a person or other entity which:

1.       Is seeking to be, or is a party to, any one or any combination of sales, purchases, leases or contracts to, from or with the school district;

2.       Will be directly and substantially affected financially by the performance or nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or

3.       Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.

A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received.  However, "gift" does not include any of the following:

1.       Contributions to a candidate or a candidate's committee;

2.       Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;

3.       Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;

4.       An inheritance;

5.       Anything available or distributed to the general public free of charge without regard to the official status of the employee;

6.       Items received from a charitable, professional, educational or business organization to which the employee belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of theorganization and if the dues paid are not inconsequential when compared to the items received;

7.       Actual expenses of an employee for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;                                                                                   

8.       Plaques or items of negligible resale value given as recognition for public service;

9.       Non-monetary items with a value of less than $3.00 that are received from any one donor during one calendar day;

10.       Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;

11.       Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees; 

12.       Funeral flowers or memorials to a church or nonprofit organization;

13.       Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;

14.       Payment of salary or expenses by the school district for the cost of attending a meeting of a sub-unit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other sub-unit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or

15.     Gifts other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee.

16.     Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions.  The costs of food, drink, lodging and travel are not "registration costs" under this paragraph.  Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph. 

An "honorarium" is anything of value that is accepted by, or on behalf of, an employee as consideration for an appearance, speech or article.  An honorarium does not include any of the following:

  1. Actual expenses of an employee for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;

       2. A non-monetary gift or series of non-monetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or                                                                                  

      3.  A payment made to an employee for services rendered as part of a private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee of the district, but, rather, because of some special expertise or other qualification.

It shall be the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.

 

Legal References:       Iowa Code ch. 68B (2013).

                                   1972 Op. Att'y Gen. 276.

                                   1970 Op. Att'y Gen. 319.

Cross References:      217      Gifts to Board of Directors

                                   401.2   Employee Conflict of Interest

                                   704.4   Gifts-Grants-Bequests

 

402.5 PUBLIC COMPLAINTS ABOUT EMPLOYEES

Original Adopted Date: 5-9-83                                          Last Revised Date: 1-14-19                                        Last Reviewed Date: 8-22-22

The board recognizes situations may arise in the operation of the school district which are of concern to parents and other members of the school district community. 

The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern.  Whenever a complaint or concern is brought to the attention of the board the board will remain neutral and respectful and will refer it to the administration to be resolved.

Prior to board action however, the following should be completed:

            1.         Matters concerning an individual student, teacher, or other employee should first be addressed to the teacher or employee.

            2.         Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the

                        employee’s building principal for licensed employees or to the classified employee’s immediate supervisor.

            3.         Unsettled matters regarding employees from (b) above or problems and questions concerning the school district should be

                        directed to the superintendent.

            4.         If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board.  To bring a concern

                        regarding an employee, the individual may notify the board president in writing, who may bring it to the attention of the

                        entire board, or the item may be placed on the board agenda of a regularly scheduled board meeting in accordance with board policy

                        213.1.

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

Legal Reference:        Iowa Code § 279.8

Cross Reference:        210.8   Board Meeting Agenda

                                    213      Public Participation in Board Meetings

                                    307      Communication Channels

402.6 EMPLOYEE OUTSIDE EMPLOYMENT

Original Adopted Date: 4-10-00                                          Last Revised Date: 6-9-03                                        Last Reviewed Date: 8-22-22

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

It shall be the responsibility of the superintendent to counsel employees, whether full-time or part-time, if, in the judgment of the superintendent and the immediate supervisor of the employee, the outside employment of the employee interferes with the performance of the duties of the employee required in the position of the employee within the school district.

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

Legal Reference:    Iowa Code § 279.8 (2013).

Cross Reference:   210.8   Board Meeting Agenda

                               213      Public Participation in Board Meetings

                               307      Communication Channels