Appropriate training and professional development of all employees is crucial to the success of all students.  The district will provide professional development opportunities appropriate to the duties of school employees.  

For all professional development programs the district requires employees to take, the district will provide to the employee notice indicating the section of the law, or rules adopted by the state board of education or board of educational examiners that the district determines requires the employee to participate in the professional development program. 
 

NOTE:  This requirement exists regardless of the employee’s status as a licensed or classified employee. With the change in law stating that all school employees are now mandatory reporters, this policy language will apply to all employees for at least some training.  

 

Legal Reference: 

§

Approved:
October 11, 2021

Reviewed: August 14, 2023

Revised: August 14, 2023

In compliance with state law and to provide protection to victims of child abuse, the board believes incidents of alleged child abuse should be reported to the proper authorities.  All licensed school employees, teachers, coaches and paraeducators are mandatory reporters as provided by law and are to report alleged incidents of child abuse they become aware of within the scope of their professional duties.

 When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter shall make an oral report of the suspected child abuse to the Iowa Department of Human Services within 24 hours of becoming aware of the abusive incident and shall make a written to the Iowa Department of Human Services within 48 hours following the oral report.  If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency will also be notified. 

Within six months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse, or submit evidence they’ve taken the course within the previous three years.  Once the training course has been taken, the certificate will remain valid for three years.  Employees who have taken the two-hour training course will take the one-hour follow-up training course every three years and prior to the expiration of their certificate.

 

 

Legal Reference:        
Iowa Code §§ 232.67-.77; 232A; 235A; 280.17 (2013).
441 I.A.C. 9.2; 155; 175.
1982 Op. Att'y Gen. 390, 417.
1980 Op. Att'y Gen. 275.

Date of Review:
August 8, 2022

August 14, 2023

 

 

Policy 402.03: Abuse of Students by School District Employees	Status: APPROVED
Original Adopted Date: 10/11/2021 | Last Revised Date: 8/12/2024    | Last Reviewed Date: 08/12/2024

 

Physical or sexual abuse of students, including but not limited to sexual or physical relationships, grooming behavior, and otherwise inappropriate relationships with students by employees will not be tolerated.  The definition of employees for the purpose of this policy includes not only those who work for pay but also those who are volunteers of 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 students by school district employees by investigating or arranging for the investigation of an allegation and timely reporting to all relevant agencies as required by law.  The processing of a complaint or allegation will be handled confidentially to the maximum extent possible.  Employees are required to assist in the investigation when requested to provide information and to 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 are 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.
 

NOTE:  This policy is a reflection of current Iowa law regarding abuse of students by school district employees.  Refer to the Iowa Department of Education training manual for supporting materials and forms: https://educate.iowa.gov/media/9556/download?inline

The last sentence of the third paragraph is mandatory in the law and is an item in the DE accreditation report.

 

Legal Reference:

Iowa Code §§ 232.67, .70, .73, .75; 235A; 256.160; 272A; 280.17; 709; 728.12(1). 281 I.A.C. 12.3(6), 102; 103. 441 I.A.C. 155; 175.

 

 

I.C. Iowa Code	Description
Iowa Code  § 232	Juvenile Justice
Iowa Code  § 235A	Child Abuse
Iowa Code  § 272A	Interstate Agreement of Qualification of Ed Personnel
Iowa Code  § 280.17	Uniform School Requirements - Child abuse reporting
Iowa Code  § 709	Sexual Abuse
Iowa Code  § 728.12	Sexual Exploitation of a Minor
Iowa code §256.160	DE - Reporting Requirements-complaints
I.A.C. Iowa Administrative Code	Description
281 I.A.C. 102	Abuse of Students by School Employees Investigation Procedures
281 I.A.C. 103	Corporal Punishment, Physical Restraint, Seclusion
281 I.A.C. 12.3	Administration
441 I.A.C. 155	Human Services - Child Abuse Prevention
441 I.A.C. 175	Human Services - Abuse of Children

Cross References

Code	Description
104	Anti-Bullying/Harassment Policy
104-R(1)	Anti-Bullying/Harassment Policy - Investigation Procedures
104-E(1)	Anti-Bullying/Harassment Policy - Complaint Form
104-E(2)	Anti-Bullying/Harassment Policy - Witness Disclosure Form
104-E(3)	Anti-Bullying/Harassment Policy - Disposition of Complaint Form
401.06	Limitations to Employment References
402.02	Child Abuse Reporting
503.05	Corporal Punishment, Mechanical Restraint and Prone Restraint
503.06	Physical Restraint and Seclusion of Students
503.06-R(1)	Physical Restraint and Seclusion of Students - Regulation
503.06-E(1)	Physical Restraint and Seclusion of Students - Documentation Form
503.06-E(2)	Physical Restraint and Seclusion of Students - Debriefing Letter to Guardian of student Involved in an Occurrence Where Physical Restraint or Seclusion was Used
503.06-E(3)	Physical Restraint and Seclusion of Students - Debriefing Meeting Document

Employees may receive a gift on behalf of the school district.  Employees will 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:

• 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;
• 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
• 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:

• Contributions to a candidate or a candidate's committee;
• 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;
• 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;
• An inheritance;
• Anything available or distributed to the general public free of charge without regard to the official status of the employee;
• 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 the organization and if the dues paid are not inconsequential when compared to the items received;
• 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;
• Plaques or items of negligible resale value given as recognition for public service;
• Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;
• 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;
• Funeral flowers or memorials to a church or nonprofit organization;  
• 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
• Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;
• 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;
• Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit 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
• 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:

• 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;
• A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or
• 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 is 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.

Approved:
October 11, 2021

 

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 an employee's duties as part of a regular, full-time position as full-time employment.  The board expects such employees to give the responsibilities of their positions in the school district precedence over any other employment.

It is the responsibility of the superintendent to counsel 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 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 §§ 20.7; 279.8 (2013).

Approved:
October 11, 2021