CHILD ABUSE REPORTING REGULATIONS

Iowa law requires district personnel who are mandatory reporters to report to the Iowa Department of Human Services instances of suspected child abuse which they become aware of within the scope of their professional duties.

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

Iowa law provides that employees participating in good faith in the making of a report or in a judicial proceeding that may result from the report are immune from civil or criminal liability.

Child Abuse Defined

“Child abuse” is defined under Iowa law as:

• Any non-accidental physical injury, or injury which is at variance with the history given of it, suffered by a child as the result of the acts or omissions of a person responsible for the care of the child.
• Any mental injury to a child's intellectual or psychological capacity as evidenced by an observable and substantial impairment in the child's ability to function within the child's normal range of performance and behavior as the result of the acts or omissions of a person responsible for the care of the child, if the impairment is diagnosed and confirmed by a licensed physician or qualified mental health professional as defined by Iowa law.
• The commission of a sexual offense with or to a child pursuant to Iowa law, as a result of the acts or omissions of the person responsible for the care of the child.
• 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 health and welfare when financially able to do so or when offered financial or other reasonable means 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 of prostitution.
• An illegal drug is present in a child's body as a direct and foreseeable consequence of the acts or omissions of the person responsible for the care of the child.
• The person responsible for the care of a child has, in the presence of the child, manufactured a dangerous substance, or in the presence of the child possesses a product containing ephedrine, its salts, optical isomers, salts of optical isomers, or pseudoephedrine, its salts, optical isomers, salts of optical isomers, with the intent to use the product as a precursor or an intermediary to a dangerous substance.
• The commission of bestiality in the presence of a minor by a person who resides in a home with a child, as a result of the acts or omissions of a person responsible for the care of the child.         
• Knowingly allowing a person custody or control of, or unsupervised access to a child or minor, after knowing the person is required to register or is on the sex offender registry.

Teachers in public school 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

Employees who are mandatory reporters are required to report, either orally or in writing, within twenty-four (24) hours to the Iowa Department of Human Services when, within the scope of their professional duties, the employee reasonably believes a child has suffered from abuse.  Within forty-eight (48) hours of an oral report, a written report must be filed with the Iowa Department of Human Services.

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

• name, age, and address of the child;
• name and address of parent(s), guardian(s) or other person(s) believed to be responsible for the care of the child;
• the child’s present whereabouts if different from the parent(s), guardian(s) or other person(s) legally responsible for the child;
• description of injuries, including evidence of previous injuries;
• name, age, and condition of other children in the same home;
• any other information considered helpful; and
• name and address of the person making the report.

It is not the responsibility of employees to prove that a child has been abused or neglected.  Employees should not take it upon themselves to investigate the case or contact the family of the child.  The Iowa Department of Human Services is responsible to investigate any incident of alleged abuse.

ABUSE OF STUDENTS BY DISTRICT EMPLOYEES REGULATIONS

Pursuant to Chapter 102 of the School Rules of Iowa, abuse may fall into either of the two following categories.

1. Physical Abuse- The non-accidental physical injury to a student as a result of the actions of a District employee.  Physical abuse may occur as the result of intentional infliction of injury or excessive, unnecessary, or unreasonable use of force in discipline.
2. Sexual Abuse- Sexual offenses or misconduct as defined by Iowa Code Chapter 709.  This definition also encompasses acts or omission of the District employee that allow, permit, or encourage the student to engage in prostitution as defined by Iowa law.

To constitute a violation of the Iowa Code, acts or omissions of the employee must have occurred on school grounds, on school time, on a school-sponsored activity, or in a school-related context.

It shall be the responsibility of the superintendent/designee to annually identify a designated investigator and an alternate investigator.  The names and telephone numbers of these investigators shall be included in the employee handbooks.

When an employee receives a report of alleged abuse of a student by a District employee, the report shall immediately be given to the designated investigator or their alternate if the investigator is named in the report. The investigator shall then make and provide a copy of the report to the person filing, the student's parent/guardian and the District employee named in the report.  Within five school days of receipt of the report, the investigator shall conduct an informal investigation to determine whether the allegations are true.   In the course of this investigation, the investigator shall interview the alleged victim, the District employee named in the report, and any collateral sources who may have knowledge of the circumstances contained in the report. The investigator shall exercise prudent discretion to preserve the confidentiality interests of the individuals involved.

The investigator's role is not to determine the guilt or innocence of the involved party, but whether it is likely that an incident took place between the student and the District employee.  If, in the investigator's opinion, the magnitude of the allegations suggests immediate and professional investigation is necessary, the investigator may waive informal investigation.  In such cases, the investigator shall contact appropriate law enforcement officials, the child's parent/guardian, and the person filing the report, and shall document in writing the action taken. 

Within fifteen (15) calendar days of receipt of the report, the investigator shall complete a written investigative report which shall include those items required by Chapter 102.9 of the Iowa Code. If the report is founded by a preponderance of the evidence, the investigator shall promptly notify law enforcement in case of sexual abuse allegations.  The investigator may notify law enforcement authorities in serious cases of physical abuse.  In addition, the investigator shall (1) file a copy of the report with the District employee's supervisor, (2) file a complaint with the Board of Educational Examiners in cases involving a licensed District employee, and (3) document all actions taken.  Any record created by an investigation shall be handled subject to formally adopted or bargained policies on the maintenance of personnel records.

DRUG AND ALCOHOL TESTING REGULATIONS

These procedures support the Alcohol and Drug Testing policy required for employees operating school vehicles, and establish and explain the requirements of the District's Alcohol and Drug Testing policy required for employees operating school vehicles.  Note the definition of terms is included at the end of this policy.

A. Questions regarding the policy, its supporting procedures or the alcohol and drug testing program may be directed to the District contact person, the assistant-to-the-superintendent, with the superintendent serving as an alternate.

B.  Covered Drivers

1.  To be covered under this Alcohol and Drug Testing Policy, a driver must:

•  Drive a vehicle transporting sixteen (16) or more persons, including the driver, or drive a vehicle weighing over twenty-six thousand pounds; and
•  Require a commercial driver's license to hold the driver position.

2.  Covered drivers include, but are not limited to, the following:

• Full-time, regularly employed drivers;
• Applicants seeking a position as a driver;
• Casual, intermittent or occasional drivers;
• Leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to a school district or who operate a school vehicle at the direction of or with the consent of the District.

C.  Prohibited Driver Conduct

1.  Drivers shall not report to duty or remain on duty with a 0.04 or greater breath alcohol concentration.

2. Drivers shall not use alcohol at least eight (8) hours prior to the performance of a safety sensitive function.

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

4. Drivers required to take a post-accident alcohol test shall not use alcohol within eight (8) hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.

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

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

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

D.  Alcohol Testing Procedures

1.  An employee driver's breath is tested for alcohol.

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

• The initial alcohol breath test determines whether the driver's breath alcohol concentration (BAC) is less than 0.02:
•    An initial alcohol test result of less than 0.02 BAC allows the driver to continue to drive.
•    An initial alcohol test result of 0.02 BAC or greater requires a confirmation test.

• The confirmation alcohol breath test determines whether the driver can continue to drive.
•    A confirmation alcohol test result of less than 0.02 BAC allows the driver to continue to drive.
•    A confirmation alcohol test result of 0.02 BAC or more, but less than 0.04 BAC, requires the driver to cease performing a safety sensitive function for 24 hours.
•    A confirmation alcohol test result of 0.04 BAC or greater requires the driver to be evaluated by a SAP.

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

• Alcohol testing is conducted at a designated non-school District facility unless a mobile unit or a District facility better serves the situation.
• In the event privacy cannot be assured, privacy will be provided to the extent practical.

4. Initial Alcohol Testing Steps

• Once the driver is informed of the need to submit to an alcohol test, the driver must proceed immediately to the collection site.  Collection site personnel must immediately contact the assistant-to-the-superintendent, with the superintendent serving as an alternate, if a driver does not arrive at the specified time.
• Upon arrival, the driver must provide photo identification.
• The testing procedure is explained to the driver by the collection site person.
• The breath alcohol technician (BAT) or the screening test technician (SIT) and the driver complete and sign the appropriate sections of the alcohol testing form:
•    Refusal of the driver to sign the form prior to the initial alcohol test is considered a refusal to test.
•    The District is notified immediately of the driver's refusal to sign.

5. Evidentiary Breath Device Procedures

• The driver forcefully blows into the mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.
• The breath alcohol test is stopped when the driver fails twice to provide an adequate amount of breath. In that case:
•    A physician analyzes the driver's inability to provide adequate breath;
•    Failure to provide adequate breath is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate breath; and
•    A refusal of the driver to try a second time to provide adequate breath is considered a refusal to test.
• The results of the screening alcohol test are shared with the driver.                                                                      

6.  Saliva Alcohol Testing Device Procedures

• The driver and the collection site person review the expiration date of the saliva alcohol testing device, and if the date is valid, the packaging is opened.

• The driver or collection site person places the swab in the driver's mouth until the swab is completely saturated.  If the alcohol test is started again, only the collection site person may place the swab in the driver's mouth.       

• The saliva alcohol testing device is activated with the saturated swab in place.
• The saliva alcohol test is stopped when the driver fails twice to provide an adequate amount of saliva. In that case:
•    The District is informed; and
•    The driver must submit to a breath alcohol test immediately.
• The saliva testing device results are read two (2) minutes, and no later than fifteen (15) minutes, after the saliva testing device was activated.
• The results are shared with the driver.

7. Confirmation Alcohol Testing Procedures

• The confirmation test is done between fifteen (15) and twenty (20) minutes of the initial test whether or not the driver followed the requirements to not eat, drink, put any object or substance in their mouth and, to the extent possible, not to belch during the fifteen minute waiting period.  Not belching will help avoid accumulation of mouth alcohol leading to an artificially high reading.
• If a different collection site or a different collection site person is used for the confirmation alcohol test, the driver must provide photo identification.
• The testing procedure is explained to the driver by the collection site person.
• The BAT and the driver complete and sign the appropriate sections of the alcohol testing form:
•    Refusal of the driver to sign the form prior to the confirmation alcohol test is considered a refusal to test.
•    The District is notified immediately of the refusal to sign.     
• The driver forcefully blows into the EBT mouthpiece for at least six (6) seconds or until an adequate amount of breath has been obtained.
• The confirmation test results, which are the final and official test result, are shared with the driver.
• The driver and BAT must sign the alcohol testing form following completion of the test. Failure to sign the form after the test is not considered a refusal to test. However, BAT notes the driver's refusal to sign in the remarks section of the form.
• The BAT informs the assistant-to-the-superintendent, with the superintendent serving as an alternate, of the results of the test in a confidential manner:
•    The BAT notifies the assistant-to-the-superintendent, with the superintendent serving as an alternate immediately, either in writing, in person, by telephone, or by electronic means of confirmation alcohol test results of 0.02 BAC or more.
•    If the BAT informs the assistant-to-the-superintendent. with the superintendent serving as all alternate, by telephone, the District verifies that the BAT is the person on the telephone.
•    The BAT provides the assistant-to-the-superintendent, with the superintendent serving as an alternate, with a copy of the breath alcohol testing form if written communication was not used to report the test results.
• Potentially incomplete tests or invalid alcohol tests are repeated with corrected procedures.

E.  Drug Testing Procedures

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

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

• A negative drug test result allows the driver to continue to perform a safety sensitive function.
• A positive drug test result on the primary sample requires the driver to be removed from performing a safety sensitive function.
• A positive drug test result on the primary sample allows the driver an opportunity to request the split sample be tested by another laboratory at the driver's expense for the specific drug found in the primary sample. A negative drug test result on the split sample results in a negative drug test result.
• A driver's refusal to test is considered a positive drug test result.
• A positive drug test result requires the driver to be evaluated by a SAP.

3. Drivers taking medication at a doctor's direction may perform a safety sensitive function if the doctor determines there is not an adverse affect on performing a safety sensitive function and the District is informed in writing of the medication and doctor's opinion.

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

• Drug testing is conducted at a designated non-school District facility.
• In the event privacy cannot be assured, privacy is provided to the extent possible.  However, direct observation is allowed if:
•    Reasons exist to believe the driver may alter or substitute the specimen;
•    The driver presents a specimen with a temperature outside the allowed range and does not provide an oral body temperature or the oral body temperature varies from the specimen provided;
•    The last specimen provided by the driver was determined by the laboratory to not meet gravity and creatinine concentration criteria;
•    The collection site person observes conduct to substitute or adulterate the specimen; and/or
•    The driver has previously been determined to have used a drug without medical authorization and the particular test is for follow-up testing upon or after return to duty.
• Direct observation must be approved in advance by the supervisor of the collection site.  Non-medical personnel performing direct observation must be of the same gender as the driver.

5. Drug Testing Steps

• Once the driver is required to submit to a drug test, the driver must proceed immediately to the collection site.  The collection site person contacts the assistant-to­-the-superintendent, with the superintendent serving as an alternate, immediately when a driver does not arrive at the specified time.
• Upon arrival, the driver must provide photo identification. The driver may require the collection site person to provide proof of identification.
• The driver may keep their wallet, but must remove any unnecessary outer garments, purses, briefcases, and similar items at the request of the collection site person.
• Immediately prior to providing a urine sample, the driver must wash their hands.
• The driver must then provide forty-five (45) milliliters of urine and deliver it immediately to the collection site person.
•    Drivers who cannot provide an adequate amount of urine receive instructions for drinking water and repeating the test
•    The drug test is stopped when the driver fails twice to provide an adequate amount of urine.
•    A physician analyzes the driver's inability to provide adequate urine.
•    Failure to provide adequate urine is considered a refusal to test unless the physician determines a medical condition caused the failure to provide adequate urine.
• The specimen must be kept in view of the driver and the collection site person.
• Upon receipt of the specimen, the collection site person must immediately, and in no event later than four (4) minutes from the time of urination, measure the temperature of the specimen.
• The driver may volunteer to have their oral temperature taken to provide evidence against alteration or substitution if there is some question about the temperature of the specimen.
• The collection site person also inspects the specimen for color and other signs of contaminant and notes any unusual findings.
• Another specimen is required as soon as possible under direct observation if adulteration or substitution is suspected by the collection site person.
• The specimen is divided into the primary and split specimen, sealed and labeled.  The label is initialed by the driver.
• The driver is required to read and sign the statement on the chain of custody form certifying the specimens are the driver's.
• The collection site person is required to note on the chain of custody form any unusual behavior or appearance of the driver and any failure to cooperate.
• The collection site person completes the chain of custody form and the driver signs the form indicating the collection is complete.
• The specimens are packaged for shipping to the laboratory and shipped immediately or placed in secure storage until they can be shipped.                     

6. Laboratory

• The laboratory used by the District's alcohol and drug testing program is certified by the Substance Abuse and Mental Health Services Administration (SAHSA), a division of the U.S. Department of Health and Human Services (DHHS).  Laboratories certified by SAMHSA meet the testing procedures, personnel and record keeping requirements of the law.
• Upon arrival of the specimen at the laboratory, the split specimen is stored and the primary specimen is tested.                                                    
•    A positive test result on the initial test of the primary specimen requires a confirmation test, which is a different and more accurate type of test.
•   The split specimen is discarded if the primary specimen has a negative test result.

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

• The MRO may release drug testing records of a driver to unauthorized individuals only with the written consent of the driver.
• The MRO keeps a record of the negative test result and reports the negative test result to the District.
• The primary role of the MRO is to review and interpret positive test results to determine whether a legitimate explanation exists for the positive test result.
•    After reviewing the chain of custody form and laboratory test results, the MRO contacts the driver to discuss the positive test result with the driver prior to notifying the District and to ask whether the driver requests a test of the split sample at the driver's expense.  The driver's request for a test of the split sample must be made within seventy-two (72) hours of talking with the MRO.
•   Upon request of the driver, the split specimen is sent to a second SAMHSA certified laboratory for testing at the driver's expense.
•   The MRO contacts the assistant-to-the-superintendent, with the superintendent serving as an alternate, for assistance if the driver cannot be reached through reasonable efforts.
•   The assistant-to-the-superintendent, with the superintendent serving as an alternate, must confidentially inform the driver to contact the MRO.
•    Upon contacting the driver, the assistant-to-the-superintendent, with the superintendent serving as an alternate, must inform the MRO that the driver was contacted.                                                           
•    Upon contacting the driver, the assistant-to-the-superintendent, with the superintendent serving as an alternate, must inform the MRO that the driver was contacted.
•    Drivers who cannot be contacted are placed on temporary leave without pay.
• The MRO may verify a positive test without talking to the driver if:
•    The driver declines the opportunity to discuss the drug test;
•    The driver fails to contact the MRO within five (5) days after the assistant-to-the-­superintendent, with the superintendent serving as an alternate, has contacted the driver; or                                                          
•     MRO verification of positive test results under these circumstances can be challenged by the driver if the driver presents the MRO with information documenting a serious illness, injury, or other circumstances unavoidably preventing the driver from timely contacting the MRO. The MRO, based on this additional information, may find a legitimate explanation for the positive test result and declare the test negative.
• The driver is notified of the drugs found in a positive test result by the MRO, the assistant-to-the-superintendent, with the superintendent serving as an alternate, or by certified mail to the driver's last known address.
• The District receives a written report of the negative and positive test results from the MRO.

 F. Substance Abuse Professional

1.  A Substance Abuse Professional (SAP) evaluation and following his/her recommendations, is required when a driver:  

• Has a positive drug test;
• Has a positive alcohol test of 0.04 breath alcohol concentration or greater; or
• Otherwise violated this policy or its supporting procedures or the law.

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

3. A local SAP will provide assistance to the drivers

G. Pre-Employment Testing

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

•  A negative alcohol and drug test result; and
• A signed written statement authorizing former employers to release all information on the driver related to alcohol.

2. Prior to allowing a driver to perform a safety sensitive function, the following information must be obtained about the driver for the preceding two years from the date of the application:

• Alcohol test results of 0.04 or greater;
• Positive drug test results; and
• Refusals to be tested.                                                                                                                                                

H. Random Testing

1. Annually, ten percent (10%) of the average number of drivers are selected for random alcohol tests and fifty percent (50%) of the average number of drivers are selected for random drug tests.

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

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

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

5. Drivers selected for random drug testing are informed as soon as possible after the assistant-to-the-superintendent, with the superintendent serving as an alternate, receives the driver identification numbers.  The District must document why some, if any, drivers were selected, but not informed.

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

 I. Reasonable Suspicion Testing

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

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

• A reasonable suspicion alcohol test is performed within two (2) hours and no later than eight (8) hours after determining reasonable suspicion.  To meet the two-hour requirement, the assistant-to-the-superintendent, with the superintendent serving as an alternate, or his/her designee (not a CDL holder) will transport the employee to the collection site.
• If the alcohol test is not given within two (2) hours, the reasons for the delay must be documented.
• If the alcohol test is not given within eight (8) hours, attempts to test are stopped and the reason for not testing must be documented.

3. A reasonable suspicion test request is made by an employee who has received the training to determine reasonable suspicion.  The reasons for the reasonable suspicion must be documented within twenty-four (24) hours or prior to the release of the test results. If more than one employee trained to determine reasonable suspicion observes the driver, that employee must also document their reasons.  The transportation director and assistant-to-the-superintendent have received the required Reasonable Suspicion Training.

J. Post-Accident Testing

1.Drivers are subject to both post-accident alcohol and drug tests as soon as possible after an accident in which either of the following occurred:

• A fatality occurred; or
• The driver received a citation and the following occurred:
•    Bodily injury to a person who, as a result of the injury, required immediate medical treatment away from the scene of the accident; or
•    A vehicle was towed from the scene irrespective of the value of the damage to the vehicle.

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

• Drivers who leave the scene or who do not remain readily available are assumed to have refused to test.
• Drivers subject to post-accident testing will be taken to the collection site by the assistant-to-the-superintendent, superintendent, or his/her designee (could be the transportation director).
• Necessary medical treatment cannot and should not be denied to a driver waiting to complete post-accident alcohol and drug tests.                                

3. Alcohol Testing Requirements

• Administered within two (2) hours and no later than eight (8) hours of the accident;
• Reasons for administering the test later than two (2) hours after the accident must be documented;
• Reasons for not administering the test within eight (8) hours of the accident must be documented; and
• Drivers are prohibited from consuming alcohol for eight (8) hours after the accident or until the alcohol test is completed.

4. Drug Testing Requirements

• Administered as soon as possible and not later than thirty-two (32) hours after the accident; and
• Reasons for not administering the test must be documented.

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

K. Return-to-Duty/Follow-Up Testing

1. Prior to returning to duty after a positive test or otherwise violating this policy, the following must occur:

• The driver must be re-evaluated by a SAP to determine that the driver has properly followed any treatment program prescribed in the original evaluation by the SAP;
• The driver must submit to the tests required by the SAP.  The SAP may require a return-to-duty test for drugs, alcohol or both; and
• The return-to-duty test must be a negative drug test result and/or an alcohol test result of less than 0.02 BAC before the driver can return to duty and perform a safety sensitive function.

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

3. fter returning to duty, the driver is subject to six (6) unannounced follow-up tests within twelve (12) months for alcohol, drugs or both, if the SAP determines both are necessary.

• The SAP can terminate the follow-up testing requirement after the first six (6) tests have been completed or continue the follow-up testing for up to sixty (60) months from the date of the driver's return to duty.
• Alcohol follow-up testing is done just before, during or just after performing a safety sensitive function.

L. District’s Responsibilities

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

2. Supervisors of drivers or personnel designated to determine reasonable suspicion shall receive sixty (60) minutes of training on alcohol misuse and sixty (60) minutes of training on drug use.  The training must address the physical, behavioral, speech, and performance indicators of probable alcohol misuse and drug use.

3. Prior to operating a school vehicle, drivers must be provided with instructions enabling them to comply with alcohol and drug testing requirements.

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

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

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

7. The District is responsible for ensuring that the collection site person using an evidentiary breath testing device is a certified BAT.

M. Consequences of Violating this Policy, the Supporting Procedures or the Law

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

• Drivers may be disciplined up to and including termination;
• Drivers may not be permitted to perform safety sensitive functions;                       

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

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

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

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

g. Applicants for the position of driver who refuse to submit to or cooperate with the drug and/or alcohol testing processes and requirements shall be disqualified from further consideration.

2. Nothing in this policy, the procedures or the law relating to alcohol and drug testing limits or restricts the right of the superintendent to discipline a driver, up to and including termination, for conduct which violates the District's policies and procedures.

N. Alcohol and Drug Testing Records

1. Alcohol and drug testing records are stored in limited access locations separate and apart from the driver's general personnel documents.

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

• Records may be released to appropriate government agencies without written consent; and
• Records may be released to appropriate District employees without written consent.
• The District may, without written consent, make a driver's drug and alcohol test records available to a decision maker in a lawsuit, grievance, or other proceedings initiated by or on behalf of the individual, and arising from the results of an alcohol or drug test under this policy, the supporting procedures or the law or from the District's determination that the driver violated this policy, the supporting regulation, or the law.

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

4. The District must maintain the following records of its drug and alcohol misuse prevention and testing programs for the following time periods:

•  One year:
•    Records of negative and canceled drug test results and alcohol test results of less than 0.02 BAC;
•    Records related to the collection process;                                                                 
•    Records related to a driver's test results;
•    Records related to other violations of the law;
•    Records related to evaluations;
•    Records related to education and training; and
•    Records related to drug testing.
• Two years:
•    Records related to the alcohol and drug collection process, except calibration of evidential breath testing devices, and training.
• Five years:
•    Alcohol test results of 0.02 BAC and greater;
•    Verified positive drug test results;
•    Documentation of refusal to take required alcohol and/or drug tests;
•    EBT calibration documentation;
•    Driver evaluation and referrals; and
•    Annual calendar year summary.

O. Pay for Time Spent Testing.

1. For random testing, the time spent traveling to the collection site, the time spent at the collection site, and the time spent traveling back to the bus yard after the completion of the testing will be paid;                                                                             

2. For reasonable suspicion testing, time will be paid pursuant to (1) above;

3. For post-accident testing, time will be paid pursuant to (1) above;

4. For pre-employment testing, no time will be paid;

5. For time spent in follow-up testing required by the SAP, no time will be paid; and

6. Drivers will be paid for time spent testing at the pay rate for activity and field trip drivers.

P. Leave

1. If the employee comes forward and admits to a drug and/or alcohol problem and receives help from and follows the requirements of the SAP, the employee is granted "unpaid leave" under the Family and Medical Leave Act and Board policy.  The employee will not be penalized for exercising this option.  If no immediate [within five (5) working days] help is obtained from a SAP, the employee is subject to termination.

2. If the employee tests positive under the provisions of this policy, he/she cannot perform a safety sensitive function and goes on paid sick leave, subject to the following conditions:

• The employee immediately [within five (5) working days] enrolls in the program provided by the SAP;
• Paid days are limited to what the employee has accumulated in sick leave; and
• When sick leave is exhausted, the employee goes on unpaid leave, subject to the SAP's verification that he/she can return to work.

Q. Payment for Services

1. The District pays for all testing services.

2. The District pays for the initial services, not covered by insurance, of the SAP.  This applies if the employee comes forward or tests positive.  The District also pays for treatment not covered by insurance.  The treatment program will be decided upon by the District subject to consultation with the SAP and employee.

3. The employee who makes a request for another lab to test the split sample (usually when the initial drug test is positive) will pay for the test of the split sample.

R. The above payments and leave allowances apply to those who come forward as well as first time offenders.  Any driver who becomes a second time offender under this policy, will be subject to immediate termination.

S. Definitions

 

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

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

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

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

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

BAC - breath alcohol concentration.

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

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

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

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

Confirmation test - for alcohol testing, it is a second test following an initial test with a result of 0.02 BAC or greater, that provides quantitative data of alcohol concentration. For drug testing, it is a second analytical procedure (GC/MS) to identify the presence of a specific drug of metabolite

that is independent of the initial test and which uses a different technique and chemical principal from that of the initial test in order to ensure reliability and accuracy.

Controlled Substances/Drugs - marijuana, cocaine, opiates, amphetamines and phencyclidine. Driver - any person who operates a school vehicle. This includes, but is not limited to: full­time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to the District or who operate a school vehicle at the direction of or with the consent of the District. For the purposes of pre-employment/pre-duty testing only, the term "driver" includes applicants for driver of school vehicle positions.

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

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

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

Performing a safety sensitive function- a driver is considered to be performing a safety sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform any sensitive functions.

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

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

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

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

Screening Test Technician (STT) - an individual who instructs and assists drivers in the initial alcohol testing process and operates a non-evidentiary breath testing or saliva testing device.

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

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

FAMILY AND MEDICAL LEAVE REQUEST FORM

 

Date:____________________

I, ______________________________, request family and medical leave for the following reason: (check all that apply)

            _____  for the birth of my child;

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

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

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

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

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

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

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

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

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

I request that my family and medical leave begin on ____________________ and I request leave as follows: (check one of the three (3) options)

_____  continuous, and I anticipate that I will be able to return to work on ____________________.

_____  intermittent leave for the:

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

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

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

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

Details of the needed intermittent leave:

I anticipate returning to work at my regular schedule on __________________.

_____  reduced work schedule for the:

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

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

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

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

Details of needed reduction in work schedule as follows:

I anticipate returning to work at my regular schedule on ___________________.

I realize I may be moved to an alternative position during the period of the family and medical intermittent or reduced work schedule leave.  I also realize that with foreseeable intermittent or reduced work schedule leave, subject to the requirements of my health care provider, I may be required to schedule the leave to minimize interruptions to school district operations.

While on family and medical leave, I agree to pay my regular contributions to employer sponsored benefit plans.  My contributions will be deducted from moneys owed me during the leave period.  If no monies are owed me, I will reimburse the school district by personal check or cash for my contributions.  I understand that I may be dropped from the employer-sponsored benefit plans for failure to pay my contribution.

I agree to reimburse the school district for any payment of my contributions with deductions from future monies owed to me or the school district may seek reimbursement of payments of my contributions in court.

I acknowledge that the above information is true to the best of my knowledge.

 

Signed
Date

FAMILY AND MEDICAL LEAVE REQUEST REGULATION

A. School District Notice

1. The school district will post the notice in Exhibit 427.1 regarding family and medical leave.

2. Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually.  The information will be in the employee handbook.

3. When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements.  Such information will include:

a. a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement or 26 week entitlement depending on the purpose of the leave;

b. a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so or proof of call to active duty in the case of military family and medical leave;

c. an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and

d. a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.

B.  Eligible Employees

1.  Employees are eligible for family and medical leave if the following three criteria are met:

a. The school district has more than fifty (50) employees on the payroll at the time leave is requested;

b.  The employee has worked for the school district for at least twelve (12) months or fifty-two (52) weeks (the months and weeks need not be consecutive); and

c. The employee has worked at least 1,250 hours within the previous year.  Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.         

2. If the employee requesting leave is unable to meet the above criteria, the employee is not eligible for family and medical leave.

C. Employee Requesting Leave (two types of leave)

1. Foreseeable family and medical leave

a. Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.

b. Employee must give at least thirty days notice for foreseeable leave.  Failure to give the notice may result in the leave beginning thirty days after notice was received.  For those taking leave due to military family and medical leave, notice should be given as soon as possible.

c. Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district.  The scheduling is subject to the approval of the health care provider.

2. Unforeseeable family and medical leave.

a. Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.

b. Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.

c. A spouse or family member may give the notice if the employee is unable to personally give notice.

D. Eligible Family and Medical Leave Determination

1. The following is a list of the acceptable purposes for family or medical leave:

a. The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;

b. The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;

c. To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition;

d. Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position;

e. Because of a qualifying exigency arising out of the fact that an employee’s spouse, son or daughter or parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves; or

f. Because the employee is the spouse, son or daughter, parent or next of kin of a covered service member with a serious injury or illness.

2. The school district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.

3. Medical certification.

a. When required:

i.Employees may be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job;

ii. Employees may be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member; and/or

iii. Employees may be required to present certification of the call to active duty when taking military family and medical leave.

b. Employee's medical certification responsibilities:

i. The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition;

ii. The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the school district has reason to doubt the validity of the certification an employee submits.  The second health care provider cannot, however, be employed by the school district on a regular basis;

iii. If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the serious health condition.  This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district.  This certification or lack of certification is binding upon both the employee and the school district.

c. Medical certification will be required fifteen (15) days after family and medical leave begins unless it is impracticable to do so.  The school district may request recertification every thirty (30) days.  Recertification must be submitted within fifteen (15) days of the school district's request.

d. Employees taking military caregiver family and medical leave to care for a family service member cannot be required to obtain a second opinion or to provide recertification.

e. Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification will be denied until such certification is provided.

E. Entitlement.

1. Employees are entitled to twelve (12) weeks unpaid family and medical leave per year.   Employees taking military caregiver family and medical leave to care for a family service member are entitled to twenty-six (26) weeks of unpaid family and medical leave but only in a single twelve (12) month period.

2. Year is defined as school year.

3. If insufficient leave is available, the school district may:

a. Deny the leave if entitlement is exhausted;

b. Award leave available; and/or

c. Award leave in accordance with other provisions of board policy or the collective bargaining agreement.

F. Type of Leave Requested.

1. Continuous - employee will not report to work for set number of days or weeks.      

2. Intermittent - employee requests family and medical leave for separate periods of time.

a. Intermittent family and medical leave is available for:

i. the birth or adoption of the employee’s child, foster care placement subject to agreement by the district;

ii. the employee or the employee’s parent or child, when medically necessary, is suffering from a serious health condition;

iii. a qualifying exigency arising out of the fact that the employee’s spouse, the employee’s son or daughter, the employee’s parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves; and/or

iv. the employee is the spouse, son or daughter, parent or next of kin of a covered service member with a serious injury or illness.

b. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.

c. During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits.    (For instructional employees, see G below.)

3. Reduced work schedule - employee requests a reduction in the employee's regular work schedule.

a. Reduced work schedule family and medical leave is available for:

i. the birth or adoption of the employee’s child, foster care placement subject to agreement by the district;

ii. the employee or the employee’s parent or child, when medically necessary, is suffering from a serious health condition;

iii. a qualifying exigency arising out of the fact that the employee’s spouse, the employee’s son or daughter, the employee’s parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves; and/or

iv. the employee is the spouse, son or daughter, parent or next of kin of a covered service member with a serious injury or illness.                   

b. In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.

c. During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and benefits.  (For instructional employees, see G below.)

G. Special Rules for Instructional Employees.

1. Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting.  This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.

2. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent (20%) of the work days in the leave period may be required to:

a. Take leave for the entire period or periods of the planned medical treatment; or

b. Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.

3. Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester.  The number of weeks remaining before the end of a semester does not include scheduled school breaks, such as summer, winter or spring break.

a. If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.

b. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.

c. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.

4. The entire period of leave taken under the special rules is credited as family and medical leave.  The school district will continue to fulfill the school district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.

H. Employee responsibilities while on family and medical leave.

1. Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.

2. The employee contribution payments will be deducted from any money owed to the employee or the employee will reimburse the school district at a time set by the superintendent.

3. An employee who fails to make the health care contribution payments within thirty days after they are due will be notified that their coverage may be canceled if payment is not received within an additional fifteen (15) days.

4. An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty (30) days and return the certification within fifteen (15) days of the request. 

5. The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two (2) weeks prior to the conclusion of the family and medical leave.

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

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

1. An employee may substitute unpaid family and medical leave with appropriate paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement.  When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.

FAMILY AND MEDICAL LEAVE DEFINITIONS

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

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

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

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

• A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
• treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or
• treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a the health care provider.
• Any period of incapacity due to pregnancy or for prenatal care.
• Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
• requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
• continues over an extended period of time (including recurring episodes of a single underlying condition); and
• may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
• Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.
• Any period of absence to receive multiple treatments (including any period of recovery) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

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

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

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

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

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

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

Health Care Provider-

• A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
• Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and
• Nurse practitioners and nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and
• Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts;
• Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;
• A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.

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

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

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

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

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

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

Next of Kin - an individual's nearest blood relative

Outpatient Status - the status of a member of the Armed Forces assigned to one of the following:

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

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

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

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

Serious Health Condition -

• An illness, injury, impairment, or physical or mental condition that involves:
• Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
• Continuing treatment by a health care provider.  A serious health condition involving continuing treatment by a health care provider includes:
• A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
• Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or
• Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
• Any period of incapacity due to pregnancy or for prenatal care.
• Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
• Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
• Continues over an extended period of time (including recurring episodes of s single underlying condition); and,
• May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
• A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's a severe stroke or the terminal stages of a disease.
• Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
• Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
• Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
• Substance abuse may be a serious health condition if the conditions of this section are met.  However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider.  On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.
• Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days.  For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level.  An employee who is pregnant may be unable to report to work because of severe morning sickness.

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

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

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