402 - General Personnel and Outside Relations

402 - General Personnel and Outside Relations dawn.gibson.cm… Thu, 06/13/2024 - 11:11

402.01 - Release of Credit Information

402.01 - Release of Credit Information

The following information will be released to any entity with whom a school district 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 not be released to an inquiring creditor without a written authorization from the employee.

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

 

 

Legal Reference:  Iowa Code §§22.7, 273.1, 279.8 (1991).

Cross Reference:  401.6        General Personnel Records
                                       1001.1      Public Examination of School District Records

Approved:  3-31-92              
Reviewed:  8-08-22              
Revised:             

 

dawn.gibson.cm… Thu, 06/13/2024 - 11:11

402.02 - Child Abuse Reporting

402.02 - Child Abuse Reporting

In compliance with state law and to provide protection to victims of child abuse, the board requires that incidents of alleged child abuse be reported to the proper authorities. Licensed and General Personnel employees are required as mandatory reporters to report alleged incidents of child abuse they become aware of within the scope of their professional duties.

 

“Child abuse” is defined as:

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

When a mandatory reporter (any licensed or general personnel employee) suspects a student is the victim of child abuse, the mandatory reporter shall orally or in writing notify the Iowa Department of Human Services.  Within forty-eight hours of the oral report, the mandatory reporter shall file a written report with the Iowa Department of Human Services (DHS).

If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency shall also be notified.

All mandatory reporters shall take a two-hour training course involving the identification and reporting of child abuse within six (6) months of their initial employment and as required to keep their license current.

 

 

Legal Reference:  Iowa Code §§232.67-77; 232A; 235A; 280.17 (2001)
                                       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
                                       501.11   Interviews of Students by Outside Agencies
                                       507          Student Health and Well-Being

Approved:  7-15-02              
Reviewed:  8-08-22              
Revised:  8-12-19

 

dawn.gibson.cm… Thu, 06/13/2024 - 11:12

402.02R1 - Child Abuse Reporting Regulation

402.02R1 - Child Abuse Reporting Regulation

Iowa law requires all licensed and general personnel school district employees to report to the Iowa Department of Human Services (DHS) instances of suspected child abuse they become aware of within the scope of their professional duties.

A licensed or general personnel employee who knowingly or willfully fails to report a suspected case of child abuse if guilty of a simple misdemeanor, may be subject to civil liability for damages caused by the failure to report and shall be subject to disciplinary action by the board up to and including termination.

Employees are immune from liability if, in good faith, they made a report of child abuse, are involved in an investigation thereof and/or participate in a judicial proceeding concerning such a report.

 

Child Abuse Defined

“Child Abuse” is defined as:

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

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

Reporting Procedures

When any licensed or general personnel employee, (including administrators, teachers and school nurses), within the scope of their professional duties, reasonably believes a child has suffered from child abuse must report that suspicion to the Iowa Department of Human Services (DHS) within 24 hours of the initial report, the employee must file a written report with DHS.

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

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

District employees have no responsibility to prove that a child has been abused or neglected.  Employees should not take it upon themselves to investigate the case or contact the family of the child.  DHS is responsible for investigating the incident of alleged abuse.

 

dawn.gibson.cm… Thu, 06/13/2024 - 11:15

402.02R2 - Child Abuse Reporting Involving Employees

402.02R2 - Child Abuse Reporting Involving Employees

If the school district employee or other member of the school district community believes a child has suffered abuse, which shall include sexual and physical abuse, by a school district employee in the course of their employment, it shall be reported to the designated investigator or alternate investigator immediately.  The superintendent shall appoint a designated investigator and an alternate designated investigator for child abuse complaints against school district employees.

Complaints reported to a designated investigator shall be handled by the designated investigator in a timely manner, and no later than five (5) days.  Upon receipt of the report, the designated investigator shall provide a copy of the report to the person filing, to the student’s parent or guardian if different from the person filing, and to the supervisor of the employee named in the report.  In cases where a complaint has been filed against a school employee, the school employee named in the report shall receive a copy of the report at the time the employee is initially interviewed by any investigator.  However, if this action would conflict with the terms of a contractual agreement between the employer and employee, the terms of the contract shall control.  The designated investigator, using an informal process of contacting and conferring with the pertinent parties, shall determine whether the complaint is groundless, inconclusive or founded.

If the designated investigator determines the complaint is founded, the designated investigator shall contact and turn over the complaint to local law enforcement authorities, who shall be considered the level two (2) investigators.  In cases where a complaint has been filed against a school district employee, the designated investigator shall give a copy of the investigative report to the employee’s supervisor and document all action taken.

In cases of founded abuse involving a school district employee, upon receipt of the level two (2)  investigator’s report, the designated investigator shall forward copies of the level two (2) investigator’s report to the student’s parent or guardian, the school employee named in the complaint, and the school employee’s supervisor.  The designated investigator will also notify the person filing the report, if different from the student’s parent or guardian, of the disposition of the case or current status of the investigation.

In cases involving a school district employee and a student of the school district, a report must be filed with the Board of Educational Examiners in proven cases of abuse.  Counseling services for the student must be arranged upon the request of the parents.  Compiled information regarding unproven abuse shall not be placed in the employee’s personnel file.

The designated investigator’s role is not to determine the guilt or innocence of the school employee. The designated investigator shall determine, by a preponderance of the evidence and based upon the investigator’s training and experience and the credibility of the student, whether it is likely that an incident took place between the student and the school employee.  If the complaint has been withdrawn, the allegation recanted, the employee has resigned or admitted the truth of the allegation and agreed to relinquish the employee’s teacher’s license, the designated investigator may conclude the investigation at level one.

Persons found in violation of this policy will be subject to discipline including, but not limited to, reprimand, probation, demotion, suspension or termination or other sanction as determined appropriate by the board.

 

 

Legal Reference:  Iowa Code §§232.67, .70, .73, .75, 235A, 272A, 280.17 (1991).
                                       281 Iowa Admin. Code Chapter 102.
                                       441 Iowa Admin. Code 9.2, 155, 175.
                                       640 Iowa Admin. Code 4.9.
                                       1980 Op. Att’y Gen. 275

Cross Reference:  503.5    Corporal Punishment
                                       507       Student Health and Well-Being

Approved:  7-15-02              
Reviewed:  8-08-22              
Revised:  6-10-02

 

dawn.gibson.cm… Thu, 06/13/2024 - 11:16

402.03 - Solicitations from Outside

402.03 - Solicitations from Outside

Generally, employees should be free from solicitations at their place of employment. No organization or individual may solicit employees or distribute flyers or other materials within school facilities or on school grounds without the approval of the superintendent/designee.

No employee shall be made responsible, or assume responsibility, for the collection of money or the distribution of fund drive literature within the schools unless such activity has been approved by the superintendent/designee.

 

 

Legal Reference:  Iowa Code §§273.1, 279.8 (1991).

Cross Reference:  504.6    Student Fund-Raising
                                      1005     Community Activities Involving Students

Approved:  3-31-92              
Reviewed:  8-08-22              
Revised:  7-14-95

 

dawn.gibson.cm… Thu, 06/13/2024 - 11:18

402.04 - Gifts To Employees

402.04 - Gifts To Employees

The board understands the desire of students, parents, or others to give gifts to show appreciation of a school district employee.  Rather than giving gifts, the board encourages, as more welcome and more appropriate, the writing of letters to express gratitude and appreciation.

An employee shall not, either directly or indirectly, solicit, accept or receive any gift having a value of $35 or more from parents, students, or other individuals in one calendar day.  A gift to an employee or an employee’s family member made because of the employee’s position with the school district, with a value of $15 or more, shall be reported on a form provided by the county auditor.  It shall be the responsibility of both the employee accepting a gift and the donor to file the disclosure report.

Employees are prohibited from accepting things of material value from a company or entity doing business or hoping to do business with the school district.  However, employees may accept minor items which are generally distributed by companies through public relations programs.  It shall be within the discretion of the superintendent to determine what qualifies as a minor item.

Gifts of food and beverage to a school district employee, with a value of $15 or more, need not be reported if the food or beverage is consumed in the presence of the donor.

Employees shall refrain from giving gifts to school district employees who exercise administrative or supervisory jurisdiction over them indirectly or directly.  Further, the collection of money for gifts for other employees shall also be discouraged except in special circumstances, such as, but not limited to, bereavement, serious illness, or retirement.

Gifts received and accepted from immediate family members or relatives of the fourth degree shall be exempt from this policy unless the relative is acting as an agent for a person not so related.

An employee may receive a gift on behalf of the school district, if the gift is in conformance with board policy.

 

 

Legal Reference:  Iowa Code §§68B.1, .5, .8, .11(4), 722.1, .2 (1991).
                                      1972 Op. Att’y Gen. 276.
                                      1970 Op. Att’y Gen. 319.

Cross Reference:  221    Gifts to Board of Directors Members

Approved:  3-31-92              
Reviewed:  8-08-22              
Revised:             

 

dawn.gibson.cm… Thu, 06/13/2024 - 11:19

402.05 - Public Complaints about General Personnel

402.05 - Public Complaints about General Personnel

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

The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern.  Whenever a complaint or concern is brought to the attention of the board it will be referred to the administration to be resolved if the following has not been completed:

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

(b)         Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the employee’s building principal for licensed personnel and the superintendent for support personnel.

(c)          Unsettled matters regarding licensed personnel from (b) above or problems and questions concerning the school district should be directed to the superintendent.

(d)         If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board.  To bring a concern about a school district employee, the individual may notify the board president in writing, who will 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.

The board will address complaints from the members of the school district community if they are in writing, signed, and the complainant has complied with this policy.

 

 

Legal Reference:  Iowa Code §§273.1, 279.8 (1991).

Cross Reference:  214.1    Board Meeting Agenda
                                      215        Public Participation in Board of Directors Meetings

Approved:  3-31-92              
Reviewed:  8-08-22              
Revised:             

 

dawn.gibson.cm… Thu, 06/13/2024 - 11:20

402.06 - General Personnel Relations to the Public

402.06 - General Personnel Relations to the Public

Members of the school district community shall be treated with respect by school district personnel. The board encourages active participation by school district employees in community activities and events as a means to show respect for the district community.

It shall be the responsibility of school district employees, as they participate in various community groups and events, to make a conscientious effort to make the school and its events a real part of the community. School district employees shall take advantage of their participation in the community to look for opportunities in which community and school can join forces for the betterment of the school district and the community.

 

 

Legal Reference:  Iowa Code §§273.1, 279.8 (1991).

Cross Reference:  303.7    Superintendent Civic Activities
                                      304.8    Administrative Civic Activities
                                      1004      Public Participation in the School District
                                      1005      Community Activities Involving Students

Approved:  3-31-92              
Reviewed:  8-08-22              
Revised:             

 

dawn.gibson.cm… Thu, 06/13/2024 - 11:27

402.07 - General Personnel Outside Employment

402.07 - General Personnel Outside Employment

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

It shall be the responsibility of the superintendent to counsel school district employees, whether full-time or part-time, if in the judgment of the superintendent and the employee’s immediate supervisor, the employee’s outside employment interferes with the performance of the employee’s duties required in the employee’s position with 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 §§20.7, 273.1, 279.8 (1991).

Cross Reference:  401.3    General Personnel Conflict of Interest
                                      407.6    Licensed Personnel Reduction in Force
                                      413.4    Support Personnel Dismissal

Approved:  3-31-92              
Reviewed:  8-08-22              
Revised:             

 

dawn.gibson.cm… Thu, 06/13/2024 - 11:28

402.08 - Sex Offender Registry

402.08 - Sex Offender Registry

Pursuant to Iowa law, an individual required to register on the Iowa Sex Offender Registry for a conviction involving a sex offense against a minor (“registrant”) is prohibited from being on school property or in any school vehicle. The only exceptions are as follows:

Students, note that a student on the Sex Offender Registry must have board approval to attend a particular school.

A registrant who is a parent or legal guardian of a minor is allowed on school property solely during the period of time reasonably necessary to transport the parent’s own minor child or legal guardian’s own ward to or from a place on school property.

A registrant who is legally entitled to vote shall be allowed on the school property solely for the period of time reasonably necessary to exercise the right to vote in a public election if the polling location of the offender is located on school property.

If written permission is received from the school principal or superintendent. To request written permission, registrant must complete and submit the Registrant Request Form.  The form can be obtained by contacting the administrative office by telephone or email.  This provision does not apply to a registrant requesting permission to be on school property in his or her role as employee, contractor, vendor, or volunteer. No written exception is allowed for operating, managing, being employed by, or acting as a contractor or volunteer on school property.

 

dawn.gibson.cm… Thu, 06/13/2024 - 11:29