400 EMPLOYEES

400 ROLE OF AND GUIDING PRINCIPLES FOR EMPLOYEES

This series of the board policy manual is devoted to the board's goals and objectives for employees in the performance of their jobs.  Employees provide a variety of important services for the children of the school district community.  They may be teaching or assisting in the classroom, working in the office, maintaining the facilities, driving or repairing the school buses, or cooking lunches.  Each employee plays a vital role in providing an equal opportunity for a quality education for students commensurate with the students' individual needs.  While the teachers have the most direct impact on the formal instruction of students, all employees have an impact on the school environment by their dedication to their work and their actions.  As role models for the students, employees shall promote a cooperative, enthusiastic, and supportive learning environment for the students.

In striving to achieve a quality education program, the board's goal is to obtain and retain qualified and effective employees.  The board shall have complete discretion to determine the number, the qualifications, and the duties of the positions and the school district's standards of acceptable performance.  It shall be the responsibility of the superintendent to make recommendations to the board in these areas prior to board action.  The board recognizes its duty to bargain collectively with duly certified collective bargaining units.  To the extent a group of employees has a recognized collective bargaining unit, the provisions of the master contract regarding such topics shall prevail.

Board policies in this series relating to general employees will apply to employees regardless of their position as a licensed employee, classified employee, substitute or administrator.  Board policies relating to licensed employees will apply to positions that require a teaching license or administrator's certificate or other professional license, certificate or endorsement, unless administrative positions are specifically excluded from the policy or a more specific policy is in the 300 series, Administration.  Classified employees' policies included in this series will apply to positions that do not fall within the definition of licensed employee.

 

 

 

Approved   July 1999                   

Reviewed   January 2024               

Revised               

401 EMPLOYEES AND INTERNAL RELATIONS

401.1 EQUAL EMPLOYMENT OPPORTUNITY

The Winfield-Mt. Union Community School District will provide equal opportunity to employees and applicants for employment in accordance with applicable equal employment opportunity and affirmative action laws, directives and regulations of federal, state and local governing bodies.  Opportunity to all employees and applicants for employment includes hiring, placement, promotion, transfer or demotion, recruitment, advertising or solicitation for employment, treatment during employment, rates of pay or other forms of compensation, and layoff or termination.  The school district will take affirmative action in major job categories where women, men, minorities and persons with disabilities are underrepresented.  Employees will support and comply with the district's established equal employment opportunity and affirmative action policies.  Employees will be given notice of this policy annually.

The board will appoint an affirmative action coordinator.  The affirmative action coordinator will have the responsibility for drafting the affirmative action plan.  The affirmative action plan will be reviewed by the board at least every two years.

Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply.  In employing individuals, the board will consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, national origin, religion, age, sexual orientation, gender identity or disability.  In keeping with the law, the board will consider the veteran status of applicants.

Prior to a final offer of employment the school district will perform the background checks required by law.  Based upon the results of the background checks, the school district will determine whether an offer will be extended.  If the candidate is a teacher who has an initial license from the BOEE, then the requirement for a background check is waived.The district will perform repeat background checks on applicable employees as required by law. 
 

Advertisements and notices for vacancies within the district will contain the following statement:  "The Winfield-Mt. Union Community School District is an EEO/AA employer."  The statement will also appear on application forms.

 

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Superintendent, Winfield-Mt. Union Community School District, 208 South Olive Street, Winfield, Iowa  52659, or by telephoning 319-257-7700.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Equal Employment Opportunity Commissions, Milwaukee Area Office, Reuss Federal Plaza, 310 West Wisconsin Ave., Suite 800, Milwaukee, WI., 53203-2292, (800) 669-4000 or TTY (800) 669-6820. http://www.eeoc.gov/field/milwaukee/index.cfm or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or 1-800-457-4416, http://www.state.ia.us/government/crc/index.html.  This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

Further information and copies of the procedures for filing a complaint are available in the school district's central administrative office and the administrative office in each attendance center.

 

 

 

 

Legal Reference:                           

29 U.S.C. §§ 621-634 

42 U.S.C. §§ 12101 et seq. 

Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8;

281 I.A.C. 12.4; 14.1; 95.

281 I.A.C. 11.1; 2000.                                                                                                           

 

Cross Reference:                          

102      Equal Educational Opportunity

104      Bullying/Harassment

405.2   Licensed Employee Qualifications, Recruitment, Selection

411.2   Classified Employee Qualifications, Recruitment, Selection

 

 

 

 

 

Approved   July 1999                                                                         

Reviewed  January 2024

Revised                 

 

 

 

 

     

401.2 EMPLOYEE CONFLICT OF INTEREST

Employees' use of their position with the school district for financial gain is considered a conflict of interest with their position as employees and may subject employees to disciplinary action.

Employees have access to information and a captive audience that could award the employee personal or financial gain.  No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the superintendent.  If the approval of the superintendent is given, the employee must conduct the solicitations within the conditions set by the superintendent.  Further, the superintendent may, upon five days notice, require the employee to cease such solicitations as a condition of continued employment.

Employees will not act as an agent or dealer for the sale of textbooks or other school supplies.  Employees will not participate for personal financial renumeration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents.  Employees will not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school district.

It will also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities.  In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest will be deemed to exist will include, but not be limited to, any of the following:

                               (1)  The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of                                    the school district's badge, uniform, business card or other evidences of office to give the employee or the employee's immediate                                       family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the                                           general public.  For purposes of this section, a person is not "similarly situated" merely by being related to an employee who is                                           employed by the school district.

(2)  The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district.

(3)  The outside employment or activity is subject to the official control, inspection, review, audit or enforcement authority of the employee during the performance of the employee's duties

 If the outside employment or activity is employment or activity in (1) or (2) above, the employee must cease the employment of or activity.  If the activity or employment falls under (3), then the employee must:

                  *Cease the outside employment or activity; or

                  *Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would                                         detrimentally affect or create a benefit for the outside employment or activity.  Official action or official duty includes, but is not limited to,                           participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available                           generally to members of the public in order to further the interests of the outside employment or activity.

When procurement is supported by Federal Child Nutrition funds, employees will not participate in the selection, award, or administration of a contract if there is a real or apparent conflict of interest in the contract.  Contract, for purposes of this paragraph, includes a contract where the employee, employee’s immediate family, partner, or a non-school district employer of these individuals is a party to the contract.

It is the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.

 

 

 

 

 

 

Legal Reference:    

7 C.F.R. 3016.36(3)     

Iowa Code §§ 20.7; 68B; 279.8; 301.28

 

Cross Reference:        

203      Board of Directors' Conflict of Interest

402.4   Gifts to Employees

402.7   Employee Outside Employment

404      Employee Conduct and Appearance

 

 

Approved   July 1999                   

Reviewed January 2024              

Revised                 

 

401.3 NEPOTISM

More than one family member may be an employee of the school district.  It is within the discretion of the superintendent to allow one family member employed by the school district to supervise another family member employed by the school district.

The employment of more than one individual in a family is on the basis of their qualifications, credentials and records.

 

 

 

 

Legal Reference:         

Iowa Code §§ 20; 71; 277.27; 279.8 

 

 

Cross Reference:        

405.2   Licensed Employee Qualifications, Recruitment Selection

411.2   Classified Employee Qualifications, Recruitment Selection

 

 

Approved   July 1999                   

Reviewed January 2024             

Revised                 

401.4 EMPLOYEE COMPLAINTS

Complaints of employees against fellow employees should be discussed directly between employees as appropriate for the nature of the complaint.  Complaints should be made in a constructive and professional manner.  Complaints should generally not be made in the presence of other employees, students or outside persons.

If the complaint cannot be resolved, the employee may discuss the matter with their immediate supervisor.  If the matter cannot be resolved within five days of speaking with the immediate supervisor, the employee may discuss it with the principal within five days of the supervisor's decision.  If the matter cannot be resolved by the principal, the employee may discuss it with the superintendent within five days after speaking with the principal.

If the matter is not satisfactorily resolved by the superintendent, the employee may ask to have the matter placed on the board agenda of a regularly scheduled board meeting in compliance with board policy.  The board retains discretion as to whether to consider or take action on any complaint.

This policy is designed to create an appropriate process for pursuing general employee complaints.  However, employees wishing to address a complaint on a topic with a more specialized procedure such as master contract grievances, or bullying or harassment claims should follow the appropriate process set forth in the master contract, employee handbook or other board policies specific to that topic.

 

 

 

Legal Reference:         

Iowa Code §§ 20; 279.8 

 

Cross Reference:        

307      Communication Channels

                                   

 

Approved   July 1999                   

Reviewed January 2024                  

Revised                 

401.5 EMPLOYEE RECORDS

The school district will maintain personnel records on employees.  The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.

The records will include, but not be limited to, records necessary for the daily administration of the school district, salary records, evaluations, application for employment, references, and other items needed to carry out board policy.  Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility.  Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.

Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee.  The school district may charge a reasonable fee for each copy.  However, employees will not be allowed access to the employment references written on behalf of the employee.  Board members will generally only have access to an employee's file when it is necessary because of an employee related matter before the board.

It is the responsibility of the superintendent to keep employees' personnel files current.  The board secretary/business manager is the custodian of employee records.

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

 

 

 

 

Legal Reference:         

Iowa Code chs. 20; 21; 22; 91B

 

Cross Reference:        

402.1   Release of Credit Information

403      Employees' Health and Well-Being

708      Care, Maintenance, and Disposal of School District Records

 

 

Approved   July 1999                   

Reviewed   January 2024   

Revised                 

401.5R1 EMPLOYEE RECORDS REGULATION

Employee Personnel Records Content

1.     Employee personnel records may contain the following information:

  • Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.
  • Individual employment contract.
  • Evaluations.
  • Application, resume and references.
  • Salary information.
  • Copy of the employee's license or certificate, if needed for the position.
  • Educational transcripts.
  • Assignment.
  • Records of disciplinary matters.

2.     Employee health and medical records will be kept in a file separate from the employee's personnel records.  Health and medical records may contain but are not limited to:

  • Medical professional signed physical form.
  • Sick or long-term disability leave days.
  • Worker's compensation claims.
  • Reasonable accommodation made by the school district to accommodate the employee's disability.
  • Employee's medical history.
  • Employee emergency names and numbers.
  • Family and medical leave request forms.

3.       The following are considered public personnel records available for inspection:

  • The name and compensation of the individual, including any written agreement establishing compensation or any other terms of employment, except for that information that is otherwise protected. “Compensation” includes the value of benefits conferred including, but not limited to: casualty, disability, life or health insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments, retirement benefits and deferred compensation;
  • The dates the individual was employed by the government body;
  • The positions the individual holds or has held with the government body;
  • The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual’s previous employers, positions previously held and dates of previous employment;
  • The fact that the individual was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal and statutory remedies; and,
  • Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to the Family Educational Privacy Rights Act (FERPA.)

Applicant File Records Content

Records on applicants for positions with the school district will be maintained in the central administration office.  The records will include, but not be limited to:

  • Application for employment.
  • Resume.
  • References.
  • Evidence of appropriate license or certificate, if necessary for the position for which the    individual applied.
  • Affirmative action form, if submitted.

Record Access

Only authorized school officials will have access to an employee's records without the written consent of the employee.  Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary/business manager.  In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical file without the consent of the employee.  Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of board business.

 

 

 

401.6 EMPLOYEE TRAVEL COMPENSATION

Employees traveling on behalf of the school district and performing approved school district business will be reimbursed for their actual and necessary expenses.  Actual and necessary travel expenses will include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses and registration costs.

Travel Outside the School District

Travel outside of the school district must be pre-approved.  Pre-approval will include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business.  Travel outside the school district by employees, other than the superintendent, is approved by the superintendent or an immediate supervisor.  Travel outside the district by the superintendent will be approved by the board president.

Reimbursement for actual and necessary expenses may be allowed for travel outside the school district if the employee received pre-approval for the travel.  Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed receipt, indicating the date, purpose, and nature of the expense for each claim item.  In exceptional circumstances, the superintendent may allow a claim without a proper receipt.  Written documentation explaining the exceptional circumstances is maintained as part of the school district's record of the claim.

Failure to have a detailed receipt will make the expense a personal expense.  Personal expenses, including mileage, in excess of that required for the trip, are reimbursed by the employee to the school district no later than 10 working days following the date of the expense.

Reimbursement for actual and necessary expenses for travel outside the school district will be limited to the pre-approved expenses.  Pre-approved expenses for registration are limited to the actual cost of the registration.

Pre-approved expenses for transportation within three-hundred miles of the school district administrative office will be by automobile.  If a school district vehicle is not available, the employee will be reimbursed at the mileage rate set in the staff handbook.  Travel to/from home and work is never a reimbursable travel expense. Travel costs for a spouse or anyone other than the district employee shall be a personal expense not reimbursed by the district.

Travel Within the School District

Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position may be reimbursed at the mileage rate set in the staff handbook.  It is the responsibility of the superintendent to approve travel within the school district by employees.  It is the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.

Travel allowances within the district will be provided only after board approval.  Employees who are allowed a within district travel allowance will have the amount of the allowance actually received during each calendar year included on the employee's W-2 form as taxable income according to the Internal Revenue Code.

Use of District-Owned Vehicles

Certain district employment positions may require regular and extensive travel.  Due to the required duties of these positions, the district may provide certain positions with use of district-owned vehicles.  Employees who utilize district-owned vehicles during the course of their job duties are fulfilling the public purpose of meeting the needs of the educational community in an efficient, and time-sensitive manner.  District-owned vehicles are purchased and maintained with public money and must be used strictly in accordance with fulfilling a public purpose.  These vehicles represent the district in carrying out its educational mission.  Therefore, district-owned vehicles will be clearly marked at all times to identify the district. 

The superintendent is responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment and proper use of school district vehicles.  The administrative regulations will include the appropriate forms to be filed for reimbursement to the employee from the school district and the procedures for obtaining approval for travel outside of and within the school district.

 

 

 

 

Legal Reference:      

Iowa Constitution, Art. III, § 31.

Iowa Code §§ 70A.9-.11

 

Cross Reference:                    

216.3   Board of Directors' Member Compensation and Expenses

401.6   Transporting of Students by Employees

401.10 Credit Cards

904.1   Transporting Students in Private Vehicles

 

 

 

Approved   July 1999                   

Reviewed  January 2024                

Revised            

 

401.7 RECOGNITION FOR SERVICE OF EMPLOYEES

The board recognizes and appreciates the service of its employees.  Employees who retire or resign may be honored by the board, administration and staff in an appropriate manner.

If the form of honor thought appropriate by the administration and employees involves unusual expense to the school district, the superintendent will seek prior approval from the board.

 

 

 

 

Legal Reference:         

Iowa Const. Art. III, § 31.

Iowa Code § 279.8 

 

 

 

 

Approved   July 1999                   

Reviewed   January 2024

Revised                 

401.8 EMPLOYEE POLITICAL ACTIVITY

Employees will not engage in political activity upon property under the jurisdiction of the board including the use of school district e-mail accounts.  Activities including, but not limited to, posting of political circulars or petitions, the distribution of political circulars or petitions, the collection of or solicitation for campaign funds, solicitation for campaign workers, general information regarding elections or ballot issues and the use of students for writing or addressing political materials, or the distribution of such materials to or by students are specifically prohibited.

Violation of this policy may be grounds for disciplinary action.

 

 

Legal Reference:         

Iowa Code §§ 55; 279.8 

 

 

Cross Reference:        

409.2   Employee Leaves of Absence

 

 

Approved   July 1999                   

Reviewed   January 2024           

Revised                 

401.9 EMPLOYEE ORIENTATION

Employees must know their role and duties.  New employees may be required to participate in an orientation program for new employees.  The employee's immediate supervisor should provide the new employee with a review of the employee's responsibilities and duties.  Payroll procedures and employee benefit programs and accompanying forms will be explained to the employee by the board secretary/business manager.  Regular employees ineligible for the school district's group health plan will be given information regarding where they can obtain health care or health care insurance. 

 

 

 

 

 

Legal Reference:         

Iowa Code §§ 20; 279.8 

191 I.A.C. 74.

 

Cross Reference:        

404      Employee Conduct and Appearance

713      Responsible Technology Use & Social Networking

Approved   July 1999                   

Reviewed   January 2024                

Revised                 

401.10 EMPLOYEE USE OF CELL PHONES

The use of cell phones and other communication devices may be appropriate to provide for the effective and efficient operation of the School district and to help ensure safety and security of people and property while on School district property or engaged in school sponsored activities.

Employees may possess and use cell phones during the school day as outlined in this policy and as provided in the administrative regulation developed by the superintendent.    Employees should not use cell phones for personal business while on-duty, including staff development times, parent-teacher conferences, etc., except in the case of an emergency or during prep time or break/lunch times.  Employees, except for bus drivers, see below, are prohibited from using cell phones while driving except in the case of an emergency and any such use must comply with applicable state and federal law and district policies and regulations. 

Cell phones are not to be used for conversations involving confidential student or employee information.  School district-provided cell phones devices are not to be loaned to others.

School bus drivers are prohibited from using any communication device while operating the bus except in the case of an emergency, or to call for assistance, after the vehicle has been stopped. Any such use must comply with applicable state and federal law and district policies and regulations. 

Employees violating the policy will be subject to discipline, up to and including, discharge.  This policy will be followed in addition to the local laws regarding cell phone usage.  It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

 

 

 

Legal References:       

Internal Revenue Comment Notice, 2009-46,   http://www.irs.gov/irb/2009-23_IRB/ar07.html

Iowa Code § 279.8, 321.276 

 

Cross References:       

707.5   Internal Controls

 

 

 

Approved   November 2010         

Reviewed   January 2024                

Revised                 

 

401.10R1 EMPLOYEE USE OF CELL PHONES ADMINISTRATIVE REGULATION

Cell phone Usage

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

​Cell Phone Business Procedures

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

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

 

401.11 LIMITATIONS TO EMPLOYMENT REFERENCES

401.11 Limitations to Employment References

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

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

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

Note:  This is a mandatory policy.  The language stated in the policy reflects the standards established for schools receiving funding under the Every Student Succeeds Act.  

 

Legal Reference:

20 U.S.C. §7926
281 I.A.C. 12.3(14)

401.12 EMPLOYEE EXPRESSION

The board believes the district has an interest in maintaining an orderly and effective work environment while balancing employees First Amendment rights to freedom of expression and diverse viewpoints and beliefs.  When employees speak within their official capacity, their expression represents the district and may be regulated.  The First Amendment protects a public employee’s speech when the employee is speaking as an individual citizen on a matter of public concern.  Even so, employee expression that has an adverse impact on district operations and/or negatively impacts an employee’s ability to perform their job for the district may still result in disciplinary action up to and including termination.

Employees will comply with Iowa law to the extent that compliance does not infringe on employees’ free speech rights. 

Employees who use social media platforms are encouraged to remember that the school community may not be able to separate employees as private citizens, from their role within the district.  Employee expression on social media platforms that interferes with the district’s operations or prevents the district from functioning efficiently and effectively may be subject to discipline up to and including termination.
 
A district employee who acts to protect a student for engaging in free expression or who refuses to infringe on students engaging in free expression; and who is acting within the scope of their professional ethics will not be retaliated against or face any adverse employment action based on their behavior provided that expression is otherwise permitted by law and board policy.  

If the board or court finds an employee that is subject to licensure, certification or authorization by the Board of Educational Examiners discriminated against a student or other co-employee, the board will refer the employee to the Board of Educational Examiners for additional proceedings as required by law and which may result in discipline up to and including termination.

 

 

 

Legal Reference: U.S. Const. Amend. I 

Iowa Code §§ 279.73; 280.22 

 

 

Cross Reference: 502.3 Student Expression

                              713 Responsible Technology Use & Social Netwowrking

 

 

 

 

 

 

 

 

Approved  August 2021

Reviewed  January 2024  

Revised                   

402 EMPLOYEES AND OUTSIDE RELATIONS

402.1 RELEASE OF CREDIT INFORMATION

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

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

 

 

 

Legal Reference:         

Iowa Code §§ 22.7; 279.8

 

 

Cross Reference:        

401.5   Employee Records

 

 

Approved   July 1999                   

Reviewed   January 2024                 

Revised                   

402.2 CHILD ABUSE REPORTING

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 and all school employees 18 years of age or older 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 report 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 and dependent adult 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 

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

 

 

 

Cross Reference:     

401.6  Limitations to Employment References   

402.3   Abuse of Students by School District Employees

502.9   Interviews of Students by Outside Agencies

507.1      Student Health and Immunization Certificates

 

 

Approved   July 1999               

Reviewed    January 2024                 

Revised  

402.3 ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

Physical or sexual abuse of students, including inappropriate and intentional sexual behavior, by employees will not be tolerated.  The definition of employees for the purpose of this policy includes 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.  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.

 

 

 

 

Legal Reference:         

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

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

441 I.A.C. 155; 175.

1980 Op. Att'y Gen. 275.

 

 

Cross Reference:        

104      Anti-Bullying/Harassment Policy

401.6  Limitations to Employment References

402.2   Child Abuse Reporting

503.5   Corporal Punishment, Mechanical Restraint and Prone Restraint

503.6  Physical Restraint and Seclusion of Students

 

 

Approved   July 1999                     

Reviewed    January 2024                       

Revised 

402.4 GIFTS TO EMPLOYEES

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 subunits 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

 

 

Cross References:               

217         Gifts to Board of Directors

401.2      Employee Conflict of Interest

704.4      Gifts-Grants-Bequests

 

 

 

Approved   July 1999                     

Reviewed  January 2024            

Revised 

402.5 REQUIRED PROFESSIONAL DEVELOPMENT FOR EMPLOYEES

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. 

 

 

 

 

Cross References:

302.6     Superintendent Professional Development

303.7     Administrator Professional Development

408.1     Licensed Employee Professional Development

 

 

Approved   August 2023              

Reviewed   January 2024          

Revised                   

402.6 EMPLOYEE OUTSIDE EMPLOYMENT

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 

 

 

Cross Reference:        

401.2   Employee Conflict of Interest

408.3   Licensed Employee Tutoring

 

 

Approved   July 1999 

Reviewed  January 2024

Revised                   

403 EMPLOYEES' HEALTH AND WELL-BEING

403.1 EMPLOYEE PHYSICAL EXAMINATIONS

The Winfield Mt. Union School District believes good health is important to job performance. School bus drivers will present evidence of good health upon initial hire and every other year in the form of a physical examination report, unless otherwise required by law or medical opinion.

The cost of the initial examination will be paid by the school district. The form indicating the employee is able to perform the duties, with or without reasonable accommodation, for which the employee was hired, must be returned prior to the performance of duties. The cost of bus driver renewal physicals will be paid by the school district up to a maximum of $120. The school district will provide the standard examination form to be completed by the personal physician of the employee or a certified medical examiner for bus drivers. 

Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations to the extent job-related and consistent with business necessity, when requested to do so, at the expense of the school district.

The district will comply with occupational safety and health requirements as applicable to its employees in accordance with law.

 

 

 

 

 

Legal Reference:                     

29 C.F.R. Pt. 1910.1030 

Iowa Code §§ 20; 279.8, 321.376

281 I.A.C. 43.15; 43.17.

 

 

Cross Reference:                    

403.3   Communicable Diseases  - Employees

 

 

 

 

Approved   July 1999                   

Reviewed   January 2024                

Revised  

 

 

403.2 EMPLOYEE INJURY ON THE JOB

When an employee becomes seriously injured on the job, the employee’s supervisor will attempt to notify a member of the family, or an individual of close relationship, as soon as the building principal becomes aware of the injury.

If possible, an employee may administer emergency or minor first aid.  An injured employee will be turned over to the care of the employee's family or qualified medical employees as quickly as possible.  The school district is not responsible for medical treatment of an injured employee.

It is the responsibility of the employee injured on the job to inform the superintendent within twenty-four hours of the occurrence.  It is the responsibility of the employee's immediate supervisor to file an accident report within twenty-four hours after the employee reported the injury.

It is the responsibility of the board secretary/business manager to file worker’s compensation claims.

 

 

 

 

 

Legal Reference:         

Iowa Code §§ 85; 279.40; 613.17 

1972 Op. Att'y Gen. 177.

 

 

Cross Reference:        

409.2   Employee Leaves of Absence

 

                                   

 

 

Approved   July 1999                  

Reviewed  January 2024             

Revised 

 

 

403.3 COMMUNICABLE DISEASES - EMPLOYEES

Employees with a communicable disease will be allowed to perform their customary employment duties provided they are able to perform the essential functions of their position and their presence does not create a substantial risk of illness or transmission to students or other employees.  The term "communicable disease" will mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.

Prevention and control of communicable diseases is included in the school district's bloodborne pathogens exposure control plan.  The procedures will include scope and application, definitions, exposure control, methods of compliance, universal precautions, vaccination, post-exposure evaluation, follow-up, communication of hazards to employees and record keeping.  This plan is reviewed annually by the superintendent and school nurse.

The health risk to immunodepressed employees is determined by their personal physician.  The health risk to others in the school district environment from the presence of an employee with a communicable disease is determined on a case-by-case basis by the employee's personal physician, a physician chosen by the school district or public health officials.

Health data of an employee is confidential and will not be disclosed to third parties.  Employee medical records are kept in a file separate from their personal file.

It is the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with employees with a communicable disease.

 

 

 

Legal Reference:         

29 U.S.C. §§ 794, 1910 (2012).

42 U.S.C. §§ 12101 et seq. (2012).

45 C.F.R. Pt. 84.3 (2010).

Iowa Code chs. 139; 141 (2013).

641 I.A.C. 1.2-.7.

 

 

Cross Reference:        

401.5   Employee Records

403.1   Employee Physical Examinations

507.3   Communicable Diseases - Students

906  District Operation During Public Emergencies

 

 

 

Approved   July 1999                   

Reviewed  January 2024              

 

403.3E1 HEPATITIS B VACCINE INFORMATION AND RECORD

The Disease
 
Hepatitis B is a viral infection caused by the Hepatitis B virus (HBV) which causes death in 1-2% of those infected.  Most people with HBV recover completely, but approximately 5-10% become chronic carriers of the virus.  Most of these people have no symptoms, but can continue to transmit the disease to others.  Some may develop chronic active hepatitis and cirrhosis.  HBV may be a causative factor in the development of liver cancer.  Immunization against HBV can prevent acute hepatitis and its complications.
 
The Vaccine
 
The HBV vaccine is produced from yeast cells.  It has been extensively tested for safety and effectiveness in large scale clinical trials.
 
Approximately 90 percent of healthy people who receive two doses of the vaccine and a third dose as a booster achieve high levels of surface antibody (anti-HBs) and protection against the virus.  The HBV vaccine is recommended for workers with potential for contact with blood or body fluids.  Full immunization requires three doses of the vaccine over a six-month period, although some persons may not develop immunity even after three doses.
 
There is no evidence that the vaccine has ever caused Hepatitis B.  However, persons who have been infected with HBV prior to receiving the vaccine may go on to develop clinical hepatitis in spite of immunization.
 
Dosage and Administration
 
The vaccine is given in three intramuscular doses in the deltoid muscle.  Two initial doses are given one month apart and the third dose is given six months after the first.
 
Possible Vaccine Side Effects
 
The incidence of side effects is very low.  No serious side effects have been reported with the vaccine.  Ten to 20 percent of persons experience tenderness and redness at the site of injection and low grade fever.  Rash, nausea, joint pain, and mild fatigue have also been reported.  The possibility exists that other side effects may be identified with more extensive use.
 
 
 
CONSENT OF HEPATITIS B VACCINATION
 
I have knowledge of Hepatitis B and the Hepatitis B vaccination.  I have had an opportunity to ask questions of a qualified nurse or physician and understand the benefits and risks of Hepatitis B vaccination.  I understand that I must have three doses of the vaccine to obtain immunity.  However, as with all medical treatment, there is no guarantee that I will become immune or that I will not experience side effects from the vaccine.  I give my consent to be vaccinated for Hepatitis B.
 
 
___________________________________                          ______________________
Signature of Employee(consent for Hepatitis B vaccination)                        Date
 
___________________________________                          ______________________
Signature of Witness                                                                                     Date
 
 
 
REFUSAL OF HEPATITIS B VACCINATION
 
 
I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring the Hepatitis B virus infection.  I have been given the opportunity to be vaccinated with Hepatitis B vaccine at no charge to myself.  However, I decline the Hepatitis B vaccination at this time.  I understand that by declining this vaccine, I continue to be at risk of acquiring Hepatitis B, a serious disease.  If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with the Hepatitis B vaccine, I can receive the vaccination series at no charge to me.
 
___________________________________                          ______________________
Signature of Employee(refusal for Hepatitis B vaccination)                         Date
 
___________________________________                          ______________________
Signature of Witness                                                                                     Date
 
 
I refuse because I believe I have (check one)
 
          started the series           completed the series
 
 
 
 
RELEASE FOR HEPATITIS B MEDICAL INFORMATION
 
I hereby authorize                                           (individual or organization holding Hepatitis B records and address) to release to the                               
Community School District, my Hepatitis B vaccination records for required employee records.
 
I hereby authorize release of my Hepatitis B status to a health care provider, in the event of an exposure incident.
 
 
___________________________________                                      ______________________
Signature of Employee                                                                        Date
 
___________________________________                                      ______________________
Signature of Witness                                                                            Date
 
 
 
CONFIDENTIAL RECORD
 
 
___________________________________________                      ______________________
               Employee Name (Last, First, Middle)                                       Social Security Number
 
Job Title: _____________________________________________________________________
 
Hepatitis B Vaccination Date            Lot Number                    Site                  Administered By
 
1._______________________          ________________    ___________    __________________
2._______________________          ________________    ___________    __________________
3._______________________          ________________    ___________    __________________
 
 
Additional Hepatitis B Status Information
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
 
Post-exposure Incident (Date, Time, Circumstances, route under which exposure occurred)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
 
Identification and documentation of source individual:
______________________________________________________________________________
 
Source blood testing consent:
______________________________________________________________________________
 
Description of employee’s duties as related to the exposure incident:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
 
Copy of information provided to health care professional evaluating an employee after exposure incident:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
 
Attach a copy of all result of examinations, medical testing, follow-up procedures, and health-care professional’s written opinion.
 
Training Record: (date, time, instructor, location of training summary)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Take a look at the changes.

_Marked as resolved_

_Re-opened_
 
UPLOAD FORM

 

403.3R1 UNIVERSAL PRECAUTIONS REGULATION

Universal precautions (UP) are intended to prevent transmission of infection, as well as decrease the risk of exposure for employees and students.  It is not currently possible to identify all infected individuals, thus precautions must be used with every individual.  UP pertain to blood and other potentially infectious materials (OPIM) containing blood.  These precautions do not apply to other body fluids and wastes (OBFW) such as saliva, sputum, feces, tears, nasal secretions, vomitus and urine unless blood is visible in the material.  However, these OBFW can be sources of other infections and should be handled as if they are infectious.  The single most important step in preventing exposure to and transmission of any infection is anticipating potential contact with infectious materials in routine as well as emergency situations.  Based on the type of possible contact, employees and students should be prepared to use the appropriate precautions prior to the contact.  Diligent and proper hand washing, the use of barriers, appropriate disposal of waste products and needles, and proper decontamination of spills are essential techniques of infection control.  All individuals should respond to situations practicing UP followed by the activation of the school response team plan.  Using common sense in the application of these measures will enhance protection of employees and students.
 
Hand Washing
 
Proper hand washing is crucial to preventing the spread of infection.  Textured jewelry on the hands or wrists should be removed prior to washing and kept off until completion of the procedure and the hands are rewashed.  Use of running water, lathering with soap and using friction to clean all hand surfaces is key.  Rinse well with running water and dry hands with paper towels.
 
        Hands should be washed before physical contact with individuals and after contact is completed.
        Hands should be washed after contact with any used equipment.
        If hands (or other skin) come into contact with blood or body fluids, hands should be washed immediately before touching anything else.
        Hands should be washed whether gloves are worn or not and, if gloves are worn, after the gloves are removed.
 
Barriers
 
Barriers anticipated to be used at school include disposable gloves, absorbent materials and resuscitation devices.  Their use is intended to reduce the risk of contact with blood and body fluids as well as to control the spread of infectious agents from individual to individual.  Gloves should be worn when in contact with blood, OPIM or OBFW.  Gloves should be removed without touching the outside and disposed of after each use.
 
 
Disposal of Waste
 
Blood, OPIM, OBFW, used gloves, barriers and absorbent materials should be placed in a plastic bag and disposed of in the usual procedure.  When the blood or OPIM is liquid, semi-liquid or caked with dried blood, it is not absorbed in materials, and is capable of releasing the substance if compressed, special disposal as regulated waste is required.  A band-aid, towel, sanitary napkin or other absorbed waste that does not have the potential of releasing the waste if compressed would not be considered regulated waste.  It is anticipated schools would only have regulated waste in the case of a severe incident.  Needles, syringes and other sharp disposable objects should be placed in special puncture-proof containers and disposed of as regulated waste.  Bodily wastes such as urine, vomitus or feces should be disposed of in the sanitary sewer system.
 
Clean up
 
Spills of blood and OPIM should be cleaned up immediately.  The employee should:
 
                        Wear gloves.
                        Clean up the spill with paper towels or other absorbent material.
                        Use a solution of one part household bleach to one hundred parts of water (1:100) or other EPA-approved disinfectant and use it to wash the area well.
                        Dispose of gloves, soiled towels and other waste in a plastic bag.
                        Clean and disinfect reusable supplies and equipment.
 
Laundry
 
Laundry with blood or OPIM should be handled as little as possible with a minimum of agitation.  It should be bagged at the location.  If it has the potential of releasing the substance when compacted, regulated waste guidelines should be followed.  Employees who have contact with this laundry should wear protective barriers.
 
Exposure
 
An exposure to blood or OPIM through contact with broken skin, mucous membrane or by needle or sharp stick requires immediate washing, reporting and follow-up.
 
                        Always wash the exposed area immediately with soap and water.
                        If a mucous membrane splash (eye or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly.
                        If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.
 
The exposure should be reported immediately, the parent or guardian is notified, and the person exposed contacts a physician for further health care.
 
 

403.4 HAZARDOUS CHEMICAL DISCLOSURE

The board authorizes the development of a comprehensive hazardous chemical communication program for the school district to disseminate information about hazardous chemicals in the workplace.

Each employee will annually review information about hazardous substances in the workplace.  When a new employee is hired or transferred to a new position or work site, the information and training, if necessary, is included in the employee's orientation.  When an additional hazardous substance enters the workplace, information about it is distributed to all employees, and training is conducted for the appropriate employees.  The superintendent will maintain a file indicating which hazardous substances are present in the workplace and when training and information sessions take place.

Employees who will be instructing or otherwise working with students will disseminate information about the hazardous chemicals with which they will be working as part of the instructional program. 

It is the responsibility of the superintendent to develop administrative regulations regarding this program. 

 

 

 

 

 

Legal Reference:         

29 C.F.R. Pt. 1910; 1200 et seq

Iowa Code chs. 88; 89B 

 

 

Cross Reference:        

804      Safety Program

 

 

Approved   July 1999 

Reviewed January 2024      

Revised                   

403.5 SUBSTANCE-FREE WORKPLACE

The board expects the school district and its employees to remain substance free.  No employee will unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of, in the workplace, any narcotic drug, hallucinogenic drug, amphetamine, barbituate, marijuana or any other controlled substance or alcoholic beverage as defined by federal or state law.  "Workplace" includes school district facilities, school district premises or school district vehicles.  "Workplace" also includes non-school property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

If an employee is convicted of a violation of any criminal drug offense committed in the workplace, the employee will notify the employee's supervisor of the conviction within five days of the conviction.

The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee.  An employee who violates the terms of this policy may be subject to discipline up to and including termination.  An employee who violates this policy may be required to successfully participate in a substance abuse treatment program approved by the board.  If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination. 

The superintendent is responsible for publication and dissemination of this policy to each employee.  In addition, the superintendent will oversee the establishment of a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment programs.

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

 

 

 

Legal Reference:         

41 U.S.C. §§ 701-707 

42 U.S.C. §§ 12101 et seq.

34 C.F.R. Pt. 85 (2012).

Iowa Code §§ 123.46; 124; 279.8 

 

 

Cross Reference:    

403     Drug and Alcohol Testing Program    

404      Employee Conduct and Appearance

 

 

Approved   July 1999                   

Reviewed January 2024          

Revised                   

403.5E1 SUBSTANCE-FREE WORKPLACE NOTICE TO EMPLOYEES

EMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace policy for an employee to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcohol, as defined in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 and Iowa Code Chapter 124.
 
"Workplace" is defined as the site for the performance of work done in the capacity as an employee.  This includes school district facilities, other school premises or school district vehicles.  Workplace also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.
 
[Employees who violate the terms of the Substance-Free Workplace policy may be required to successfully participate in a substance abuse treatment program approved by the board.]  The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy.  If the employee fails to successfully participate in such a program the employee is subject to discipline up to and including termination.
 
EMPLOYEES ARE FURTHER NOTIFIED it is a condition of their continued employment that they comply with the above policy of the school district and will notify their supervisor of their conviction of any criminal drug statute for a violation committed in the workplace, no later than five days after the conviction.
 
 
---------------------------------------------------------------------------------------
 
SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM
 
I,                                                    , have read and understand the Substance-Free Workplace policy.  I understand that if I violate the Substance-Free Workplace policy, I may be subject to discipline up to and including termination [or I may be required to participate in a substance abuse treatment program].  If I fail to successfully participate in a substance abuse treatment program, I understand I may be subject to discipline up to and including termination.  I understand that if I am required to participate in a substance abuse treatment program and I refuse to participate, I may be subject to discipline up to and including termination.  I also understand that if I am convicted of a criminal drug offense committed in the workplace, I must report that conviction to my supervisor within five days of the conviction.
 
 
 

(Signature of Employee)

 

(Date)

 

403.5R1 SUBSTANCE-FREE WORKPLACE REGULATION

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

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

403.6 DRUG AND ALCOHOL TESTING PROGRAM

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand one pounds or more.  For purposes of the drug and alcohol testing program, the term "employees" includes applicants who have been offered a position to operate a school vehicle.

The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing.  Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol.  Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the school district contact person, the superintendent at 208 S. Olive Street, Winfield, IA 52659.

Employees who violate the terms of this policy may be subject to discipline up to and including termination.  Employees who violate this policy bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and a substance abuse treatment program recommended by the substance abuse professional.  Employees who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination. 

It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law.  The superintendent will inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.

The superintendent will also be responsible for publication and dissemination of this policy and its supporting administrative regulations and forms to employees operating school vehicles.  The superintendent will also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.

 

Legal Reference:         

American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 (4th Cir. 1995).

49 U.S.C. §§ 5331 et seq. 

42 U.S.C. §§ 12101

41 U.S.C. §§ 701-707 

49 C.F.R. Pt. 40; 382; 391.81-123

34 C.F.R. Pt. 85

Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington, PERB No. 3876 (3-26-91).

 Iowa Code §§ 124; 279.8; 321.375(2); 730.5 

                                   

Cross Reference:        

403.5   Substance-Free Workplace

409.2   Licensed Employee Personal Illness Leave

 

 

Approved   July 1999                   

Reviewed January 2024  

Revised   

 

403.6E1 DRUG AND ALCOHOL TESTING PROGRAM NOTICE TO EMPLOYEES

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion, post-accident drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law.
 
Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand, one pounds or more.  For purposes of the drug and alcohol testing program, "employees" also includes applicants who have been offered a position to operate a school vehicle.  The employees operating a school vehicle are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program.
 
It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements.  Employees with questions regarding the drug and alcohol testing requirements will contact the school district contact person.
 
EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination.
 
EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting documents and the law.  It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using.  Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents or the law.
 
EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination.  As a condition of employment, employees violating this policy, its supporting documents or the law bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and, a substance abuse treatment program recommended by the substance abuse professional.  Employees required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

403.6E2 DRUG & ALCOHOL PROGRAM AND PRE-EMPLOYMENT TESTING ACKNOWLEDGMENT FORM

I,  ______________________________ have received a copy, read and understand the Drug and Alcohol Testing Program policy of the Winfield – Mt. Union  School District and its supporting documents. 
                                     
I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents or the law, I may be subject to discipline up to and including termination.
 
I also understand that I must inform my supervisor of any prescription medication I use. 
 
In addition, I have received a copy of the U.S. DOT publication, “What Employees Need to Know about DOT Drug & Alcohol Testing,” and have read and understand its contents.
 
Furthermore, I know and understand that I am required to submit to a controlled substance (drug) test, the results of which must be received by this employer before being employed by the school district and before being allowed to perform a safety-sensitive function.  I also understand that if the results of the pre-employment test are positive, that I will not be considered further for employment with the school district.
 
I further understand that drug and alcohol testing records and information about me are confidential, and may be released at my request or in accordance with the district’s drug and alcohol testing program policy, its supporting documents or the law.
 
_____________________________               ________________________
(Signature of Employee)                                                                            (Date)

404 EMPLOYEE CONDUCT AND APPEARANCE

Employees are role models for the students who come in contact with them during and after school hours.  The board recognizes the positive effect employees can have on students in this capacity.  To this end, the board strongly suggests and encourages employees to dress themselves, groom themselves and conduct themselves in a manner appropriate to the educational environment.

Employees will conduct themselves in a professional manner.  Employees will dress in attire appropriate for their position.  Clothing should be neat, clean, and in good taste.  Discretion and common sense call for an avoidance of extremes which would interfere with or have an effect on the educational process.

Licensed employees of the school district including administrators, will follow the code of ethics for their profession as established by the Iowa Board of Educational Examiners.

 

 

 

 

 

Legal Reference:         

Iowa Code § 279.8 

282 I.A.C. 13.

 

 

Cross Reference:        

104       Anti Bullying/Harrassment

305      Administrator Code Of Ethics

401.2   Employee Conflict of Interest

401.11 Employee Orientation

403.5   Substance-Free Workplace

407      Licensed Employee Termination of Employment

413      Classified Employee Termination of Employment

 

 

Approved   July 1999                   

Reviewed  January 2024 

Revised 

404.1R1 CODE OF PROFESSIONAL CONDUCT AND ETHICS REGULATION

CHAPTER 25

 

282—25.1(272) Scope of standards. This code of professional conduct and ethics constitutes mandatory minimum standards of practice for all licensed practitioners as defined in Iowa Code chapter 272. The adherence to certain professional and ethical standards is essential to maintaining the integrity of the education profession.

 

282—25.2(272) Definitions. Except where otherwise specifically defined by law:

“Administrative and supervisory personnel” means any licensed employee such as superintendent, associate superintendent, assistant superintendent, principal, associate principal, assistant principal, or other person who does not have as a primary duty the instruction of pupils in the schools.

“Board” means the Iowa board of educational examiners.

“Discipline” means the process of sanctioning a license, certificate or authorization issued by the board.

“Ethics” means a set of principles governing the conduct of all persons governed by these rules.

“Fraud” means knowingly providing false information or representations on  an  application for licensure or employment, or knowingly providing false information or representations made in connection with the discharge of duties.

“License” means any license, certificate, or authorization granted by the board.

“Licensee” means any person holding a license, certificate, or authorization granted by the board.

“Practitioner” means an administrator, teacher, or other licensed professional, including an individual who holds a statement of professional recognition, who provides educational assistance to students.

“Responsibility” means a duty for which a person is accountable by virtue of licensure.

“Right” means a power, privilege, or immunity secured to a person by law.

“Student” means a person, regardless of age, enrolled in a prekindergarten through grade 12 school, who is receiving direct or indirect assistance from a person licensed by the board.

“Teacher” means any person engaged in the instructional program for prekindergarten through grade

12 children, including a person engaged in teaching, administration, and supervision, and who is required by law to be licensed for the position held.

[ARC 7979B, IAB 7/29/09, effective 9/2/09]

 

282—25.3(272) Standards of professional conduct and ethics. Licensees are required to abide by all federal, state, and local laws applicable to the fulfillment of professional obligations. Violation of federal, state, or local laws in the fulfillment of professional obligations constitutes unprofessional and unethical conduct which can result in disciplinary action by the board. In addition, it is hereby deemed unprofessional and unethical for any licensee to violate any of the following standards of professional conduct and ethics:

25.3(1) Standard I—conviction of crimes, sexual or other immoral conduct with or toward a student, and child and dependent adult abuse. Violation of this standard includes:

a.    Fraud. Fraud means the same as defined in rule 282—25.2(272).

b.    Criminal convictions. The commission of or conviction for a criminal offense as defined by

Iowa law provided that the offense is relevant to or affects teaching or administrative performance.

 

(1)  Disqualifying criminal convictions. The board shall deny an application for licensure and shall revoke a previously issued license if the applicant or licensee has, on or after July 1, 2002, been convicted of, has pled guilty to, or has been found guilty of the following criminal offenses, regardless of whether the judgment of conviction or sentence was deferred:

1.  Any of the following forcible felonies included in Iowa Code section 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping;

2.   Any of the following criminal sexual offenses, as provided in Iowa Code chapter 709, involving a child:

●     First-, second- or third-degree sexual abuse committed on or with a person who is under the age of 18;

●     Lascivious acts with a child;

●     Assault with intent to commit sexual abuse;

●     Indecent contact with a child;

●     Sexual exploitation by a counselor;

●     Lascivious conduct with a minor;

●     Sexual exploitation by a school employee;

●     Enticing a minor under Iowa Code section 710.10; or

●     Human trafficking under Iowa Code section 710A.2;

3.    Incest involving a child as prohibited by Iowa Code section 726.2;

4.    Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code section

728.2;

5.    Telephone dissemination of obscene material to minors as prohibited by Iowa Code section

728.15;

6.  Any offense specified in the laws of another jurisdiction, or any offense that may be prosecuted in  a  federal,  military,  or  foreign court,  that is  comparable to  an  offense listed in  subparagraph

25.3(1)“b”(1); or

7.   Any offense under prior laws of this state or another jurisdiction, or any offense under prior law that was prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in subparagraph 25.3(1)“b”(1).

(2)   Other criminal convictions and founded child abuse. In determining whether a person should be denied a license or whether a licensee should be disciplined based upon any other criminal conviction, including a conviction for an offense listed in 25.3(1)“b”(1) which occurred before July 1, 2002, or a founded report of abuse of a child, the board shall consider:

1.    The nature and seriousness of the crime or founded abuse in relation to the position sought;

2.    The time elapsed since the crime or founded abuse was committed;

3.    The degree of rehabilitation which has taken place since the crime or founded abuse was committed;

4.    The likelihood that the person will commit the same crime or abuse again;

5.    The number of criminal convictions or founded abuses committed; and

6.     Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.

c.     Sexual involvement or indecent contact with a student. Sexual involvement includes, but is not limited to, the following acts, whether consensual or nonconsensual: fondling or touching the inner thigh, groin, buttocks, anus or breasts of a student; permitting or causing to fondle or touch the practitioner’s inner thigh, groin, buttocks, anus, or breasts; or the commission of any sex act as defined in Iowa Code section 702.17.

d.   Sexual exploitation of a minor. The commission of or any conviction for an offense prohibited by Iowa Code section 728.12, Iowa Code chapter 709 or 18 U.S.C. Section 2252A(a)(5)(B).

 

e.  Student abuse. Licensees shall maintain professional relationships with all students, both inside and outside the classroom. The following acts or behavior constitutes unethical conduct without regard to the existence of a criminal charge or conviction:

(1)   Committing any act of physical abuse of a student;

(2)   Committing any act of dependent adult abuse on a dependent adult student;

(3)   Committing or soliciting any sexual or otherwise indecent act with a student or any minor;

(4)   Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student;

(5)   Furnishing alcohol or illegal or unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal or unauthorized drugs in the presence of the licensee;

(6)   Failing to report any suspected act of child or dependent adult abuse as required by state law; or

(7)   Committing or soliciting any sexual conduct as defined in Iowa Code section 709.15(3)“b” or soliciting, encouraging, or consummating a romantic relationship with any person who was a student within 90 days prior to any conduct alleged in the complaint, if that person was taught by the practitioner or was supervised by the practitioner in any school activity when that person was a student.

25.3(2) Standard II—alcohol or drug abuse. Violation of this standard includes:

a.     Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming illegal or unauthorized drugs or abusing legal drugs.

b.     Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming alcohol.

25.3(3) Standard III—misrepresentation, falsification of information. Violation of this standard includes:

a.   Falsifying or deliberately misrepresenting or omitting material information regarding professional qualifications, criminal history, college credit, staff development credit, degrees, academic award, or employment history when applying for employment or licensure.

b.   Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.

c.     Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.

d.     Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282—Chapter 20.

e.    Falsifying or deliberately misrepresenting or omitting material information regarding the evaluation of students or personnel, including improper administration of any standardized tests, including, but not limited to, changing test answers, providing test answers, copying or teaching identified test items, or using inappropriate accommodations or modifications for such tests.

25.3(4) Standard IV—misuse of public funds and property. Violation of this standard includes:

a.     Failing to account properly for funds collected that were entrusted to the practitioner in an educational context.

b.    Converting public property or funds to the personal use of the practitioner.

c.    Submitting fraudulent requests for reimbursement of expenses or for pay.

d.    Combining public or school-related funds with personal funds.

e.    Failing to use time or funds granted for the purpose for which they were intended.

25.3(5) Standard V—violations of contractual obligations.

A.    Violation of this standard includes:

(1)   Signing a written professional employment contract while under contract with another school, school district, or area education agency.

 

(2)   Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract.  An administrator shall make a good faith effort to determine whether the practitioner has been released from the current contract.

(3)   Abandoning a written professional employment contract without prior unconditional release by the employer.

(4)   As an employer, executing a written professional employment contract with a practitioner, which requires the performance of duties that the practitioner is not legally qualified to perform.

(5)   As a practitioner, executing a written professional employment contract, which requires the performance of duties that the practitioner is not legally qualified to perform.

b.     In addressing complaints based upon contractual obligations, the board shall consider factors beyond the practitioner’s control. For purposes of enforcement of this standard, a practitioner will not be found to have abandoned an existing contract if:

(1)   The practitioner obtained a release from the employing board before discontinuing services under the contract; or

(2)   The practitioner provided notice to the employing board no later than the latest of the following dates:

1.    The practitioner’s last work day of the school year;

2.    The date set for return of the contract as specified in statute; or

3.    June 30.

25.3(6) Standard VI—unethical practice toward other members of the profession, parents, students, and the community. Violation of this standard includes:

a.    Denying the student, without just cause, access to varying points of view.

b.    Deliberately suppressing or distorting subject matter for which the educator bears responsibility.

c.     Failing to make reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.

d.     Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.

e.     Engaging in any act of illegal discrimination, or otherwise denying a student or practitioner participation in the benefits of any program on the grounds of race, creed, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.

f.     Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.

g.     Accepting gifts from vendors or potential vendors where there may be the appearance of or an actual conflict of interest.

h.     Intentionally disclosing confidential information including, but not limited to, unauthorized sharing of information concerning student academic or disciplinary records, health and medical information, assessment or testing results, or family income.  Licensees shall comply with state and federal laws and local school board policies relating to the confidentiality of student records, unless disclosure is required or permitted by law.

i.     Refusing to participate in a professional inquiry when requested by the board.

j.    Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.

k.     Failing to self-report to the board within 60 days any founded child abuse report, or any conviction for a criminal offense listed in 25.3(1)“b”(1) which requires revocation of the practitioner’s license.

l.     Delegating tasks to unqualified personnel.

m.  Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.

n.    Allowing another person to use one’s practitioner license for any purpose

 

o.   Performing services beyond the authorized scope of practice for which the individual is licensed or prepared or performing services without holding a valid license.

p.    Falsifying, forging, or altering a license issued by the board.

q.     Failure of the practitioner holding a contract under Iowa Code section 279.13 to disclose to the school official responsible for determining assignments a teaching assignment for which the practitioner is not properly licensed.

r.     Failure of a school official responsible for assigning licensed practitioners holding contracts under Iowa Code section 279.13 to adjust an assignment if the practitioner discloses to the official that the practitioner is not properly licensed for an assignment.

25.3(7) Standard  VII—compliance  with  state  law  governing  obligations  to  state  or  local governments, student loan obligations, child support obligations, and board orders. Violation of this standard includes:

a.    Failing to comply with 282—Chapter 8 concerning payment of debts to state or local governments.

b.    Failing to comply with 282—Chapter 9 concerning repayment of student loans. C.  Failing to comply with 282—Chapter 10 concerning child support obligations. D.          Failing to comply with a board order.

25.3(8) Standard VIII—incompetence. Violation of this standard includes, but is not limited to:

a.     Willfully or repeatedly departing from or failing to conform to the minimum standards of acceptable and prevailing educational practice in the state of Iowa.

404.R2 CODE OF RIGHTS AND RESPONSIBILITIES REGULATION

CHAPTER 26
 
282—26.1 (272)  Purpose. The code of professional conduct and ethics in 282—Chapter 25 defines unprofessional and unethical conduct justifying disciplinary sanction. The board acknowledges that the discharge of professional obligations should occur in recognition of certain fundamental rights and responsibilities. Accordingly, the board recognizes the following rights and responsibilities of all educators licensed under Iowa Code chapter 272 and agrees that the exercise of these rights and responsibilities may present mitigating facts and circumstances in the board’s evaluation of allegations of unprofessional or unethical conduct.
 
282—26.2 (272) Rights. Educators licensed under Iowa Code chapter 272 have the following rights:
1.    The educator has a right to be licensed and endorsed under professional standards established and enforced by the board.
2.     The educator has a right to refuse assignments for which the educator is not legally authorized, in terms of holding a valid Iowa license with the appropriate endorsement(s) or approval(s).
3.     The educator has a right, subject to board and administrator authority, to exercise professional judgment in the evaluation, selection, and use of teaching methods and instructional materials appropriate to the needs, abilities, and background of each student.
 
282—26.3 (272) Responsibilities. Educators licensed under Iowa Code chapter 272 have the following responsibilities:
1.      The educator has a responsibility to maintain and improve the educator’s professional competence.
2.      The educator has a responsibility to accept only those assignments for which the educator is legally authorized.
3.      The educator has a responsibility to provide conditions that are conducive to teaching and student learning.
4.      The educator will protect students from conditions harmful to learning or to health or safety.
5.      The educator will not, without just cause, restrain a student from independent action in the pursuit of learning and will not, without just cause, deny a student access to varying points of view.
6.      The educator will not use professional relationships with students for personal advantage.
7.      The educator will not discriminate against any student on the grounds of race, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.
8.      The educator will accord just and equitable treatment to all members of the profession.
9.      The educator will keep in confidence personally identifiable information regarding a student or the student’s family members that has been obtained in the course of professional service, unless disclosure is required by law or is necessary for the personal safety of the student or others.
10.    The educator who has reasonable basis to believe that a student has been abused, as defined by law, will make all reports required by law and the Iowa Administrative Code and which are necessary to ensure the safety and well-being of the student.
11.    In the administration of discipline, the educator will treat all students with respect and in compliance with all policies of the school district served by the educator.
12.    The educator will provide accurate, truthful, and complete information to the board and to the local education system concerning all licensure transactions.
13.    The educator will not refuse to participate in a professional inquiry, when requested by the board.
14.    The educator will not require or direct another educator to violate any provisions of the code of professional conduct and ethics or any rights of a student, parent, educator or citizen.
15.    The educator will not delegate assigned tasks to unqualified personnel.

405 LICENSED EMPLOYEES - GENERAL

405.1 LICENSED EMPLOYEE DEFINED

Licensed employees, including administrators, are those employees required to hold an appropriate license from the Iowa Department of Education for their position as required by the Board of Educational Examiners or others with professional licenses.  Licenses required for a position will be considered met if the employee meets the requirements established by the Iowa Department of Education.

It is the responsibility of the superintendent to establish job specifications and job descriptions for licensed employees' positions, other than the position of the superintendent.  Job descriptions may be approved by the board.

Licensed employees must present evidence of current license to the board secretary/business manager prior to payment of salary each year.

 

 

 

 

Legal Reference:         

Clay v. Independent School District of Cedar Falls, 187 Iowa 89, 174 N.W. 47 (1919).

Iowa Code §§ 256.7(3); 272.6; 272A; 279.8; 294.1 

282 I.A.C. 14.

281 I.A.C. 12.4; 41.25.

1940 Op. Att'y Gen. 375.

 

Cross Reference:        

405.2   Licensed Employee Qualifications, Recruitment Selection

410.1   Substitute Teachers

411.1   Classified Employee Defined

 

 

Approved   July 1999                   

Reviewed May 2024

Revised 

405.2 LICENSED EMPLOYEE QUALIFICATIONS, RECRUITMENT, SELECTION

Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," will have an opportunity to apply and qualify for licensed positions in the school district in accordance with applicable laws and school district policies regarding equal employment.  Job applicants for licensed positions will be considered on the basis of the following:

 

·    Training, experience, and skill;

·    Nature of the occupation;

 ·    Demonstrated competence; and

·    Possession of, or ability to obtain, state license if required for the position.

All job openings shall be submitted to the Iowa Workforce Development for posting on IowaWORKS.gov, the online state job posting system. Additional announcements of the position may occur in a manner which the superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired.

The board will employ licensed employees after receiving a recommendation from the superintendent.  The superintendent, however, will have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.

Legal Reference:          29 U.S.C. §§ 621-634

                                    42 U.S.C. §§ 2000e, 12101 et seq.

                                    Iowa Code §§ 20; 35C; 216; 279.13.

                                    281 I.A.C. 12.

                                    282 I.A.C. 14.

                                  

Cross Reference:        

401.1   Equal Employment Opportunity

405      Licensed Employees - General

410.1   Substitute Teachers

 

 

Approved   July 1999                   

Reviewed May 2024    

Revised                

405.3 LICENSED EMPLOYEE INDIVIDUAL CONTRACTS

The board will enter into a written contract with licensed employees, other than administrators, employed on a regular basis.

Each contract will be for a period of one year, beginning on July 1 and ending on June 30.*

It is the responsibility of the superintendent to complete the contracts for licensed employees and present them to the board for approval.  The contracts, after being signed by the board president, will be returned to the superintendent.  The superintendent will obtain the employee's signature.  After being signed, the contract is filed with the board secretary/business manager.

 

 

 

Legal Reference:         

Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).

Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 467 (1927).

Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).

Iowa Code chs. 20; 279

 

Cross Reference:        

405.2   Licensed Employee Qualifications, Recruitment, Selection

405.4   Licensed Employee Continuing Contracts

407      Licensed Employee Termination of Employment

 

 

Approved   July 1999                   

Reviewed May 2024            

Revised 

405.4 LICENSED EMPLOYEE CONTINUING CONTRACTS

Contracts entered into with licensed employees, other than an administrator, will continue from year to year except as modified or terminated as provided by law. The board may issue temporary and nonrenewable contracts in accordance with law.

Licensed employees whose contracts will be recommended for termination by the board will receive due process as required by law.  The superintendent will make a recommendation to the board for the termination of the licensed employee's contract.

Licensed employees who wish to resign, to be released from a contract, or to retire must comply with applicable law and board policies.

 

 

 

 

 

 

Legal Reference:          Ar-We-Va Community School District v. Long and Henkenius, 292 N.W.2d 402 (Iowa 1980).

                                    Bruton v. Ames Community School District, 291 N.W.2d 351 (Iowa 1980).

                                    Hartman v. Merged Area VI Community College, 270 N.W.2d 822 (Iowa 1978).

                                    Keith v. Community School District of Wilton in the Counties of Cedar and Muscatine, 262 N.W.2d 249 (Iowa 1978).

                                    Iowa Code §§ 272; 279.

 

Cross Reference:        405.3   Licensed Employee Individual Contracts

                                    405.9   Licensed Employee Probationary Status

                                    407      Licensed Employee Termination of Employment

 

Approved   July 1999                   

Reviewed  May 2024

Revised               

405.5 LICENSED EMPLOYEE WORK DAY

The work day for licensed employees will begin each day of the school year at a time established by the superintendent.  Licensed employees who are employed only during the academic year will have the same work day as other licensed employees.  "Day" is defined as one work day regardless of full-time or part-time status of an employee.

Licensed employees are to be in their assigned school building during the work day.  Advance approval to be absent from the school building must be obtained from the principal whenever the licensed employees must leave the school building during the work day.

The building principal is authorized to make changes in the work day in order to facilitate the education program.  These changes are reported to the superintendent.

The work day outlined in this policy is a minimum work day.  Nothing in this policy prohibits licensed employees from working additional hours outside the work day.

 

 

 

 

 

Legal Reference:         

Iowa Code §§ 20; 279.8 

 

Cross Reference:        

200.2   Powers of the Board of Directors

 

 

Approved   July 1999                   

Reviewed May 2024     

Revised                   

405.6 LICENSED EMPLOYEE ASSIGNMENT

Determining the assignment of each licensed employee is the responsibility of and within the sole discretion of the board.  In making such assignments the board will consider the qualifications of each licensed employee and the needs of the school district.

It is the responsibility of the superintendent to make recommendations to the board regarding the assignment of licensed employees.

 

 

 

 

 

 

Legal Reference:         

Iowa Code §§ 20.9; 279.8 

 

 

Cross Reference:        

200.2   Powers of the Board of Directors

 

 

Approved   July 1999                   

Reviewed May 2024

Revised  

 

405.7 LICENSED EMPLOYEE TRANSFERS

Determining the location where an employee's assignment will be carried out is the responsibility and within the sole discretion of the board.  In making such assignments the board will consider the qualifications of each licensed employee and the needs of the school district.

A transfer may be initiated by the employee, the principal, or the superintendent.

It is the responsibility of the superintendent to make recommendations to the board regarding the transfer of licensed employees.

 

 

 

Legal Reference:         

Iowa Code §§ 20; 216.14; 279.8 

 

 

Cross Reference:        

405.2   Licensed Employee Qualifications, Recruitment, Selection

405.6   Licensed Employee Assignment

 

 

Approved   July 1999                   

Reviewed May 2024

Revised             

405.8 LICENSED EMPLOYEE EVALUATION

Evaluation of licensed employees on their skills, abilities, and competence is an ongoing process supervised by the building principals and conducted by approved evaluators.  The goal of the formal evaluation of licensed employees, other than administrators, but including extracurricular employees, is to improve the education program, to maintain licensed employees who meet or exceed the board's standards of performance, to clarify the licensed employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.

The formal evaluation criteria is in writing and approved by the board.  The formal evaluation will provide an opportunity for the evaluator and the licensed employee to discuss the past year's performance and the future areas of growth.  The formal evaluation is completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file.  This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence.

Licensed employees will be required to:

  • Demonstrate the ability to enhance academic performance and support for and implementation of the school district’s student achievement goals.
  • Demonstrate competency in content knowledge appropriate to the teaching position.
  • Demonstrate competency in planning and preparation for instruction.
  • Use strategies to deliver instruction that meets the multiple learning needs of students.
  • Use a variety of methods to monitor student learning.
  • Demonstrate competence in classroom management.
  • Engage in professional growth.
  • Fulfill professional responsibilities established by the school district.

It is the responsibility of the superintendent to ensure licensed employees are evaluated.  New and probationary licensed employees are evaluated at least twice each year.

 

 

Legal Reference:         

Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).

Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).

Iowa Code §§ 20.9; 279; 284;.294.

281 I.A.C. 83; 12.3

 

Cross Reference:        

405.2   Licensed Employee Qualifications, Recruitment, Selection

405.9   Licensed Employee Probationary Status

 

 

Approved   July 1999                   

Reviewed May 2024                

Revised

405.9 LICENSED EMPLOYEE PROBATIONARY STATUS

The first three consecutive years of a licensed employee's contract is a probationary period unless the employee has already successfully completed the probationary period in an Iowa school district.  New employees who have successfully completed a probationary period in a previous Iowa school district will serve a two year probationary period.  For purposes of this policy, an employee will have met the requirements for successfully completing a probationary period in another Iowa school district if, at the teacher’s most recent performance evaluation, the teacher received at least a satisfactory or better evaluation and the individual has not engaged in conduct which would disqualify the teacher for a continuing contract.  

Only the board, in its discretion, may waive the probationary period.  The board may extend the probationary period for one additional year with the consent of the licensed employee.  The board will make the decision to extend or waive a licensed employee's probationary status based upon the superintendent's recommendation.  During this probationary period the board may terminate the licensed employee's contract at the end of the year without cause year or immediately discharge the employee consistent with applicable law and board policies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:          Iowa Code § 279.

Cross Reference:        

405.4   Licensed Employee Continuing Contracts

405.8   Licensed Employee Evaluation

 

 

Approved   July 1999                   

Reviewed May 2024

Revised    

406 LICENSED EMPLOYEE COMPENSATION AND BENEFITS

406.1 LICENSED EMPLOYEE COMPENSATION

The board will establish compensation for licensed employees' positions keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other factors deemed relevant by the board.

It is the responsibility of the superintendent to make a recommendation to the board annually regarding licensed employee compensation.  The base wages of licensed employees are subject to review and modification through the collective bargaining process.

 

 

 

 

 

 

 

 

 

Legal Reference:       

Iowa Code §§ 20.1, .4, .7, .9; 279.8 

 

 

Cross Reference:       

406.2     Licensed Employee Compensation Advancement

 

 

Approved   July 1999                   

Reviewed May 2024 

Revised                  

 

 

406.2 LICENSED EMPLOYEE COMPENSATION ADVANCEMENT

The board will determine if licensed employees will advance in compensation for their licensed employees' positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

It is the responsibility of the superintendent to make a recommendation to the board for the advancement of licensed employees.

 

 

 

 

 

 

 

 

Legal Reference:         

Iowa Code §§ 20.1, .4, .7, .9; 279.8 

 

 

Cross Reference:        

406      Licensed Employee Compensation and Benefits

 

 

Approved   July 1999                   

Reviewed May 2024    

Revised               

 

 

406.3 LICENSED EMPLOYEE CONTINUED EDUCATION CREDIT

Continued education on the part of licensed employees may entitle them to advancement in compensation.  Licensed employees who have completed additional hours may be considered for advancement.  The board may determine which licensed employees will advance in compensation for continued education keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and any other items deemed relevant by the board.

Licensed employees who wish to obtain additional education for advancement must notify their supervisor by the first Friday in September of the actual year the advancement occurs. The superintendent has the discretion to approve credit outside the employee's area of endorsement or responsibility.

It is the responsibility of the superintendent to make a recommendation to the board for the advancement of a licensed employee.

 

 

 

 

 

Legal Reference:         

Iowa Code §§ 20.1, .4, .7, .9; 279.8

 

Approved  July 1999                   

Reviewed May 2024

Revised  

406.4 LICENSED EMPLOYEE COMPENSATION FOR EXTRA DUTY

A licensed employee may volunteer or be required to take on extra duty, with the extra duty being secondary to the major responsibility of the licensed employee.  The board may, in its sole discretion, establish compensation for extra duty licensed employee positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

Vacant extra duty positions, for which extra compensation will be earned, will be posted to allow qualified licensed employees to volunteer for the extra duty.  If no licensed employee volunteers for extra duty, the superintendent will assign the extra duty positions to qualified licensed employees.  The licensed employee will receive compensation for the extra duty required to be performed.

It is the responsibility of the superintendent to make a recommendation to the board annually as to which licensed employees will have the extra duty, and the compensation for extra duty, for the board's review.

 

 

Legal Reference:         

Iowa Code §§279.8, .13-.15, .19A-B 

 

 

Approved   July 1999                 

 Reviewed May 2024

Revised      

406.5 LICENSED EMPLOYEE GROUP INSURANCE BENEFITS

Licensed employees may be eligible for group benefits as determined by the board and required by law. The board will select the group benefit program(s) and the insurance company or third party administrator which will provide or administer the program.

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, with minimum essential coverage that is both affordable and provides minimum value. The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees.

Licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan.

Regular part-time employees who wish to purchase coverage may participate in the group benefit programs by meeting the requirements of the applicable plan. Full-time and regular part-time licensed employees who wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.

Licensed employees and their spouse and dependents may be allowed to continue coverage of the school district's group health program if they cease employment with the school district by meeting the requirements of the plan.

 

Legal Reference:    Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B.

                               Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).

                               Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).

                               Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014).

 

Cross Reference:          405.1   Licensed Employee Defined

                                      706.2   Payroll Deductions

 

 

 

Reviewed  May 2024

Revised 

406.6 LICENSED EMPLOYEE TAX SHELTER PROGRAMS

Employees may elect to have amounts withheld from their pay for items authorized by law, subject to the agreement of the district.  The board may authorize the administration to make a payroll deduction for licensed employees' tax-sheltered annuity premiums purchased from a company or program if chosen by the board.

Licensed employees wishing to have payroll deductions for tax-sheltered annuities will make a written request to the superintendent.  Requests for purchase of change of tax-sheltered annuities may be made by the first Friday of the month.  

 

 

Legal Reference:         

Iowa Code §§ 260C; 273; 294.16 

1988 Op. Att'y Gen. 38.

1976 Op. Att'y Gen. 462, 602.

1966 Op. Att'y Gen. 211, 220.

 

 

Cross Reference:        

706      Payroll Procedures

 

 

 

Approved   July 1999                   

Reviewed May 2024

Revised  

407 LICENSED EMPLOYEE TERMINATION OF EMPLOYMENT

407.1 LICENSED EMPLOYEE RESIGNATION

A licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the board for return of the contract.  This applies to regular contracts for the licensed employee's regular duties and for an extracurricular contract for extra duty.  Resignations of this nature will be accepted by the board.

 

The board may require an individual who has resigned from an extracurricular contract to accept the resigned position for only the subsequent school year when the board has made a good faith effort to find a replacement and the licensed employee is continuing to be employed by the school district.

 

 

 

 

Legal Reference:         

Iowa Code §§ 91A.2, .3, .5; 279.13, .19A (2013).

 

 

Cross Reference:        

405.3   Licensed Employee Individual Contracts

405.4   Licensed Employee Continuing Contracts

407      Licensed Employee Termination of Employment

 

 

Approved   July 1999                   

Reviewed  January 2019          

Revised                   

407.2 LICENSED EMPLOYEE CONTRACT RELEASE

Licensed employees who wish to be released from an executed contract must give at least twenty-one days notice to the superintendent.  Licensed employees may be released at the discretion of the board.  Only in unusual and extreme circumstances will the board release a licensed employee from a contract.  The board will have sole discretion to determine what constitutes unusual and extreme circumstances.

 

Release from a contract will be contingent upon finding a suitable replacement.  Licensed employees requesting release from a contract after it has been signed and before it expires may be required to pay the board the cost of advertising or other reasonable administrative costs incurred to locate and hire a suitable replacement.  Upon written mutual agreement between the employee and the superintendent, the costs may be deducted from the employee's salary.  Payment of these costs is a condition for release from the contract at the discretion of the board.  Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.

 

The superintendent is required to file a complaint with the Board of Educational Examiners against a licensed employee who leaves without proper release from the board. 

 

 

 

 

Legal Reference:         

Iowa Code §§ 216; 272; 279.13, .19A, .46 (2013).

1978 Op. Att'y Gen. 247.

1974 Op. Att'y Gen. 11, 322.

 

 

Cross Reference:        

405.3  Licensed Employee Individual Contracts

405.4  Licensed Employee Continuing Contracts

407.3  Licensed Employee Retirement

 

 

Approved   July 1999                   

Reviewed May 2023        

Revised May 2023

407.3 LICENSED EMPLOYEE RETIREMENT

Licensed employees who will complete their current contract with the board may apply for retirement.  No licensed employee will be required to retire at a specific age.

Application for retirement will be considered made when the licensed employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board, the intent of the employee to retire.  The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent.  Applications made after the date set by the board for the return of the employee's contract to the board may be considered by the board if special circumstances exist.  It is within the discretion of the board to determine whether special circumstances exist.

Board action to approve a licensed employee's application for retirement is final and such action constitutes nonrenewal of the employee's contract for the next school year.

Licensed employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.

Licensed employees and their spouse and dependents are allowed to continue coverage in the school district's group health insurance program at their own expense by meeting the requirements of the insurer.

 

 

 

 

 

Legal Reference:         

Iowa Code §§ 97B; 216; 279.46 

581 I.A.C. 21.

1978 Op. Att'y Gen. 247.

1974 Op. Att'y Gen. 11, 322.

 

 

Cross Reference:        

407.6   Licensed Employee Early Retirement

 

 

Approved   July 1999                   

Reviewed January 2019           

Revised                   

407.4 LICENSED EMPLOYEE EARLY RETIREMENT

The school district offers an early retirement plan for full-time licensed employees.  Full-time licensed employees are licensed employees who work 20 hours per week and who are currently performing their assigned duties within the school district.  A licensed employee is eligible under the early retirement plan when the licensed employee:

  • Is age of 55 or older on or before June 30 of the year in which the licensed employee wishes to retire;
  • Completes a total of 10 years of service as a full-time licensed employee to the school district;
  • Submits an application to the superintendent for participation in the plan on or before February 1st of the year in which the licensed employee wishes to retire.  Applications submitted after February 1st may be considered at the discretion of the board depending on the circumstances for the late application;
  • Submits a written resignation.  The resignation may be contingent upon approval by the board of participation in the voluntary early retirement plan; and,
  • Receives board approval of the licensed employee's application for participation in the early retirement plan, of the licensed employee's resignation and of the disbursement of early retirement incentive to the licensed employee.

 

Approval by the board of the licensed employee's early retirement application will constitute a voluntary resignation.  Approval by the board of the licensed employee's early retirement application will also make the licensed employee eligible for disbursement of the early retirement incentive the sooner of July 1 following the licensed employee's approval for early retirement or a date mutually agreed upon by the school district and the licensed employee.  Failure of the board to approve the licensed employee's early retirement application will make the licensed employee's current contract with the board continue in full force and effect.

 

Settlement Benefit

 

The settlement benefit for a full-time teacher will be an amount to be determined times the number of years of service.  The retirement benefit may be paid directly to the 403(b) special pay deferral plan or to the health care savings plan.

 

Duration of Policy

This early retirement policy is offered for one year only, for retirements to begin with (enter year) school year.  It will be re-evaluated for subsequent years. 

 

 

Legal Reference:   

29 U.S.C. §§ 621 et seq. 

Iowa Code §§ 97B; 216; 279.46; 509A.13 

1978 Op. Att'y Gen. 247.

1974 Op. Att'y Gen. 11, 322.

 

Cross Reference:       407.3      Licensed Employee Retirement

                                  413.2      Classified Employee Retirement

 

Approved   July 1999            

Reviewed April 2022

Revised  April 2022

407.4E1 LICENSED EMPLOYEE EARLY RETIREMENT ACKNOWLEDGEMENT OF RECEIPT

The undersigned licensed employee acknowledges receipt of the early retirement plan documents stated below, for the licensed employee's consideration:
 
●        early retirement policy (plan description);
●        early retirement benefit options]; and
●        early retirement application.
 
The undersigned licensed employee acknowledges that the application and participation in the early retirement plan is entirely voluntary.
 
The undersigned licensed employee acknowledges that the school district recommends the licensed employee contact legal counsel and the employee’s personal accountant regarding participation in the early retirement plan.
 
 
 
 
 

 

 

 

Licensed Employee

 

Date

 
 

407.4E2 LICENSED EMPLOYEE EARLY RETIREMENT APPLICATION

The undersigned licensed employee is applying for early retirement pursuant to board policy 407.4, Licensed Employee Early Retirement.  Please complete the following information:
 
___________________________________________          ____________________________
                 Full Legal Name of Employee                                         Social Security Number
 
_____________________________________  _________________   ____________________
                          Current Job Title                                Date of Birth                  Years of Service
 
 
Please specify the date desired for payment of the early retirement benefit and the reason for the date if a date other than _____________ of the year in which the undersigned licensed employee retires is desired.
 
__________________            ___________________________________________________
Date                                                     Reason for other than___________________
 
Please attach a letter of resignation effective June thirtieth of the year in which the undersigned licensed employee intends to retire.
 
The undersigned licensed employee acknowledges that application and participation in the early retirement plan is entirely voluntary.
 
The undersigned licensed employee acknowledges that the school district recommends that the licensed employee contact legal counsel and the employee’s own personal accountant regarding participation in the early retirement plan.
 
 
Should the licensed employee die prior to full payment of an early retirement benefit, the licensed employee designates either the following individual as beneficiary or the licensed employee’s estate.
 
___________ Beneficiary                                                                   ________________ Estate
 
Beneficiary: ____________________________________________________________________
 
Beneficiary Address: _____________________________________________________________
 
Licensed Employee: ____________________________                   Date:___________________
 
Witness: _____________________________________                    Date:___________________
 

407.5 LICENSED EMPLOYEE SUSPENSION

Licensed employees will perform their assigned job, respect and follow board policy and obey the law.  The superintendent is authorized to suspend a licensed employee pending board action on a discharge, for investigation of charges against the employee, and for disciplinary purposes.  It is within the discretion of the superintendent to suspend a licensed employee with or without pay.

 

In the event of a suspension, appropriate due process will be followed.

 

 

 

 

 

Legal Reference:         

Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (Iowa 1987).

McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).

Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2013).

 

 

Cross Reference:        

404      Employee Conduct and Appearance

407      Licensed Employee Termination of Employment

 

 

Approved   July 1999                   

Reviewed January 2019         

Revised                   

407.6 LICENSED EMPLOYEE REDUCTION IN FORCE

The board has the exclusive authority to determine the appropriate number of licensed employees.  A reduction of licensed employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, and other reasons deemed relevant by the board.

The reduction in licensed employees, other than administrators, will be done through normal attrition if possible.  If normal attrition does not meet the necessary reduction in force required, the board may terminate licensed employees.

It is the responsibility of the superintendent to make a recommendation for termination to the board.  The process for reduction in force shall be as follows: 

  • Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing;
  • Relative skills, ability and demonstrated performance;
  • Qualifications for co-curricular programs; and
  • Number of continuous years of service to the school district.  This will be considered only when the foregoing factors are relatively equal between licensed employees.

Due process for terminations due to a reduction in force will be followed.

 

Legal Reference:         

Iowa Code §§ 20; 279

Cross Reference:        

407.4   Licensed Employee Suspension

413.5   Classified Employee Reduction in Force

703      Budget

 

 

Approved   July 1999                   

Reviewed  January 2019        

Revised   June 2017                 

408 LICENSED EMPLOYEE PROFESSIONAL GROWTH

408.1 LICENSED EMPLOYEE PROFESSIONAL DEVELOPMENT

The board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills.  The board will maintain and support an in-service program for licensed employees.   Professional development activities will include activities that promote and/or teach about compliance with applicable Iowa laws.  

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.

Requests for attendance or participation in a development program, other than those development programs sponsored by the school district, are made to the superintendent.  Approval of the superintendent must be obtained prior to attendance by a licensed employee in a professional development program when the attendance would result in the licensed employee being excused from their duties or when the school district pays the expenses for the program.

The superintendent will have sole discretion to allow or disallow licensed employees to attend or participate in the requested event.  When making this determination, the superintendent will consider the value of the program for the licensed employee and the school district, the effect of the licensed employee's absence on the education program and school district operations and the school district's financial situation as well as other factors deemed relevant in the judgment of the superintendent.  Requests that involve unusual expenses must also be approved by the board.

 

 

 

 

 

Legal Reference:         

Iowa Code § 279.8 

281 I.A.C. 12.7; 83.6

 

 

Cross Reference:        

414.9   Classified Employee Professional Purposes Leave

 

 

Approved   July 1999                   

Reviewed   September 2023       

Revised   September 2023               

408.2 LICENSED EMPLOYEE PUBLICATION OR CREATION OF MATERIALS

Materials created by licensed employees and the financial gain therefrom are the property of the school district if school materials and time were used in their creation and/or such materials were created in the scope of the licensed employee's employment.  The licensed employee must seek prior written approval of the superintendent concerning such activities.

 

 

 

 

Legal Reference:         

Iowa Code § 279.8 (2013).

17 U.S.C. Sec. 101 et.al.

 

 

Cross Reference:        

401.2   Employee Conflict of Interest

606.4   Student Production of Materials and Services

 

 

Approved   July 1999                   

Reviewed  January 2019       

Revised                   

408.3 LICENSED EMPLOYEE TUTORING

Every effort will be made by the licensed employees to help students with learning problems before recommending that the parents engage a tutor.  Since there are exceptional cases when tutoring will help students overcome learning deficiencies, tutoring by licensed employees may be approved by the superintendent.

 

Licensed employees may only tutor students other than those for whom the teacher is currently exercising teaching, administrative or supervisory responsibility unless approved by the superintendent.

 

Tutoring for a fee may not take place within school facilities or during regular school hours unless approved by the superintendent.

 

 

 

Legal Reference:         

Iowa Code §§ 20.7; 279.8 (2013).

 

 

Cross Reference:        

401.12 Employee Conflict of Interest

402.6   Employee Outside Employment

 

 

Approved   July 1999 

Reviewed January 2019  

Revised                   

409 EMPLOYEE VACATIONS AND HOLIDAYS

409.1 EMPLOYEE VACATION - HOLIDAYS

The board will determine the amount of vacation and holidays that will be allowed on an annual basis for employees.

It is the responsibility of the superintendent to make a recommendation to the board annually on vacations and holidays for employees.

 

 

 

Legal Reference:         

Iowa Code §§ 1C.4.1(34); 20.9.

 

 

Cross Reference:        

601.1   School Calendar

 

 

Approved   July 1999                   

Reviewed  July 2020         

Revised                  

409.2 EMPLOYEE LEAVES OF ABSENCE

 

 

The board will offer the following leave to full-time regular licensed employees:

  • Personal Illness (Sick) Leave – Leave for medically-related disability or illness
  • Family Sick Leave_- Leave to care for a sick member of the employee’s immediate family
  • Bereavement Leave – Leave to mourn the loss of a family member or close friend
  • Personal Leave – Leave to accomplish personal business that cannot be conducted outside the work day
  • Jury Duty Leave – Leave to be excused for jury duty
  • Military Leave – Leave for military service, including the national guard
  • Political Leave – Leave to run for elective public office

The board will offer the following paid leave to full-time regular classified employees:

  • Personal Illness (Sick) Leave – Leave for medically-related disability or illness
  • Family Sick Leave – Leave to care for a sick member of the employee’s immediate family
  • Bereavement Leave – Leave to mourn the loss of a family member or close friend
  • Personal Leave – Leave to accomplish personal business that cannot be conducted outside the work day
  • Jury Duty Leave – Leave to be excused for jury duty
  • Military Leave – Leave for military service, including the national guard
  • Political Leave – Leave to run for elective public office

The provisions of each leave offering will be detailed in the Employee Handbook.

Leave offered by the district will not be less than what is required by law. In the event of an emergency or unforeseen circumstance, the superintendent may authorize additional paid leave.

 

Legal Reference:          29 U.S.C. §§ 2601 et seq.

                                    Pub.L. 116–127

                                    29 C.F.R. §§ 825; 826.

                                    Iowa Code §§ 20; 29A; 55; 85; 216; 279.40; 607A.

                                    Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).

                                    Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

 

Cross Reference:        403.2   Employee Injury on the Job

                                    409.3   Licensed Employee Family and Medical Leave

                                    409.8   Licensed Employee Unpaid Leave

 

 

Approved   July 1999                   

Reviewed July 2020   

Revised  July 2020                  

409.3 EMPLOYEE FAMILY AND MEDICAL LEAVE

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as school year.  Requests for family and medical leave will be made to the superintendent. 

Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.  Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.  It is the responsibility of the superintendent to develop administrative rules to implement this policy. 

 

 

 

 

 

 

Legal Reference:         

Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).

26 U.S.C. §§ 2601 et seq.

29 C.F.R. Pt. 825 

Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40

 

Cross Reference:        

409.2   Licensed Employee Personal Illness Leave

409.8   Licensed Employee Unpaid Leave

414.3   Classified Employee Family and Medical Leave

 

 

Approved   July 1999                   

Reviewed July 2020             

Revised                   

409.3E1 EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:

1.       •   For incapacity due to pregnancy, prenatal medical care or child birth;

2.       •   To care for the employee’s child after birth, or placement for adoption or foster care;

3.       •   To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or

4.       •   For a serious health condition that makes the employee unable to perform the employee’s job. 

Military Family Leave Entilements           

Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies.

Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

Benefits and Protection                                              

During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

Job Eligibility Requirements                    

Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.

Definition of Serious Health Condition

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Use of Leave    

An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken.

Substitution of Paid Leave for Unpaid Leave                    

Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies.

Employee Responsibilities                                                              

Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.

Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

Employer Responsibilities

Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility.

 Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.

Unlawful Acts by Employers

FMLA makes it unlawful for any employer to:

•   Interfere with, restrain, or deny the exercise of any right provided under FMLA;

•   Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

Enforcement                                                              

An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.

FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

 

NOTE:  FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice.  Regulations 29 C.F.R. § 825.300(a) may require additional disclosures.

 

If you have access to the Internet visit FLMA’s website:  http://www.dol.gov/esa/whd/fmla

 

To locate your nearest Wage-Hour Office, phone our toll-free information at 1-866-487-9243 or to the Web site at:  http://www.wagehour.dol.gov.  

For a listing of records that must be kept by employers to comply with FMLA visit the U.S. Dept. of Labor’s website: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.500.htm    

US Dept. of Labor – Revised July, 2009

409.3E2 EMPLOYEE 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)

                                    continuous

 

                                    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

 

 

 

UPLOAD FORM                 .

409.3R1 EMPLOYEE FAMILY AND MEDICAL LEAVE REGULATION

A.         School district notice.

                     1. The school district will post the notice in Exhibit 409.3E1 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.  

                                Option I:

                                Employees are eligible for family and medical leave if three criteria are met.

                                1.             The school district has more than 50 employees on the payroll at the time leave is requested;

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

                                3.             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.           

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

                1.       Six purposes.

                      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; or

                      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; ___ 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.

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

                2.       Medical certification. 

                                                a.             When required:

                                                                (1)           Employees [may/will] be required to present medical certification of the employee's serious health                                                                                         condition and inability to perform the essential functions of the job.

                                                                (2)           Employees [may/will] 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.

                                                                (3)           Employees [may/will] be required to present certification of the call to active duty when taking military                                                                                    family and medical leave.

                                                b.             Employee's medical certification responsibilities:

                                                                (1)           The employee must obtain the certification from the health care provider who is treating the individual                                                                                    with the serious health condition.

                                                                (2)  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.

                                                                (3)  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 days after family and medical leave begins unless it is impracticable to do so.  The school district may request recertification every thirty days.  Recertification must be submitted within fifteen 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.

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 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 26 weeks of unpaid family and medical leave but only in a single 12 month period.

 

2.        Year is defined as:  

                                Option I  -  Fiscal year

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

                                                a.             Deny the leave if entitlement is exhausted

                                                b.             Award leave available

  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 leave is available for:

                                                   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.

                                                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:  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.

                                                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 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 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 days and return the certification within fifteen 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 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.

    Option I:

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.  Paid leave includes, but is not limited to, sick leave, family illness leave, vacation, personal leave, bereavement leave and professional leave.  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.

Option II:

                     1.       An employee may substitute unpaid family and medical leave for the serious health condition of the employee with paid sick, vacation and personal leave.  Upon the expiration of paid leave, the family and medical leave for the serious health condition of the employee is unpaid.

                     2.       An employee may substitute unpaid family and medical leave for the serious health condition of an employee's family member or to care for a family service member with paid sick, vacation and personal leave.  Upon the expiration of paid leave, the family and medical leave for the serious health condition of an employee's family member is unpaid.

                     3.       An employee may substitute unpaid family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth with sick, vacation and personal leave.  Upon the expiration of paid leave, the family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth is unpaid.

                     4.       An employee may substitute unpaid family and medical leave for the placement of a child with the employee for adoption or foster care and in order to care for that child prior to the first anniversary of the child's placement or adoption with sick, vacation and personal leave.  Upon the expiration of paid leave, the family and medical leave for the placement of a child with the employee for adoption or foster care and in order to care for the child prior to the first anniversary of the child's placement or adoption is unpaid.

                    5.        An employee may substitute unpaid family and medical leave when a family service member is called to active duty or on call to active duty with sick, vacation and personal leave.  Upon expiration of the paid leave, the leave is unpaid.

                    6.     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.

   Option III:

                1.     An employee may substitute unpaid family and medical leave for the serious health condition of the employee with paid sick leave.  Upon the expiration of paid leave, the family and medical leave for the serious health condition of the employee is unpaid.

 

                2.     An employee may substitute unpaid family and medical leave for the serious health condition of an employee's family member with paid sick leave or to care for a family service member.  Upon the expiration of paid leave, the family and medical leave for the serious health condition of an employee's family member is unpaid.

 

                3.     An employee may substitute unpaid family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth with sick and vacation leave.  Upon the expiration of paid leave, the family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth is unpaid.

 

                4.     An employee may substitute unpaid family and medical leave for the placement of a child with the employee for adoption or foster care and in order to care for that child prior to the first anniversary of the child's placement or adoption with sick and vacation leave.  Upon the expiration of paid leave, the family and medical leave for prior to the first anniversary of the placement of a child with the employee for adoption or foster care is unpaid.

                5.        An employee may substitute unpaid family and medical leave when a family service member is called to active duty or on call to active duty with sick and vacation leave.  Upon expiration of the paid leave, the leave is unpaid.

1.           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.

Option IV:

            1.    Family and medical leave is unpaid.

409.3R2 EMPLOYEE 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 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).

 

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 –

●          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.

410 OTHER LICENSED EMPLOYEE

410.1 SUBSTITUTE TEACHERS

The board recognizes the need for substitute teachers.  Substitute teachers will be licensed to teach in Iowa.

It is the responsibility of the building principal to maintain a list of substitute teachers who may be called upon to replace regular contract licensed employees.  Individuals whose names do not appear on this list will not be employed as a substitute without specific approval of the superintendent.  It is the responsibility of the building principal to fill absences with substitute teachers immediately.

Substitute teachers will be paid a per diem rate.  Substitutes employed for 10 or more consecutive days in the same position are paid based on qualifications and experience, and will not be retroactive.  Substitute licensed employees are expected to perform the same duties as the licensed employees.

 

 

 

 

 

 

Legal Reference:         

Iowa Association of School Boards v. PERB, 400 N.W.2d 571 (Iowa 1987).

Iowa Code §§ 20.1, .4(5), .9; 272 ​

 

 

Cross Reference:        

405.1   Licensed Employee Defined                                  

405.2   Licensed Employee Qualifications, Recruitment, Selection

 

 

Approved   July 1999                   

Reviewed  February 2019    

Revised 

410.2 SUMMER SCHOOL LICENSED EMPLOYEES

The Winfield Mt. Union School District will offer summer school options in accordance with law and may, in its discretion offer additional programming during the summer recess.  Licensed employees who volunteer or who are appointed to deliver the summer education program are compensated in addition to their regular duties during the school academic year, unless such arrangements are made prior to determining the employee's compensation for the year.

 

Licensed employees will be given the opportunity to volunteer for the positions available.  If the board determines a course must be offered and no licensed employee volunteers for the position, the board will make the necessary arrangements to fill the position.  The board will consider applications from volunteers of current licensed employees in conjunction with other applications.

 

It is the responsibility of the superintendent to make a recommendation to the board regarding the need for and the delivery of the summer education program.

 

 

 

 

 

Legal Reference:         

Iowa Code §§ 279.8; 280.14

 

Cross Reference:        603.2   Summer School Instruction

                                    505.2   Student Promotion-Retention-Acceleration

 

 

Approved   July 1999                   

Reviewed  February 2019                   

Revised                   

410.3 EDUCATION ASSOCIATE

 

The board may employ education aides or other instructional support personnel to assist licensed personnel in nonteaching duties, including, but not limited to:

  • managing and maintaining records, materials and equipment;
  • attending to the physical needs of children; and
  • performing other limited services to support teaching duties when such duties are determined and directed by the teacher.

 

Education aides who hold a teaching certificate are compensated at the rate of pay established for their position as an education aide.  It is the responsibility of the principal to supervise education associates.

 

 

 

 

Legal Reference:         

Iowa Code §§ 279.8; 280.3, .14 (2013).

281 I.A.C. 12.4(9); .5(9).

 

Cross Reference:        

411.2   Classified Employee Qualifications, Recruitment, Selection

 

 

Approved   July 1999                   

Reviewed February 2019                  

Revised                   

411 CLASSIFIED EMPLOYEES - GENERAL

411.1 CLASSIFIED EMPLOYEE DEFINED

 

Classified employees are employees who are not administrators or employees in positions which require a teaching license issued by the Iowa Board of Educational Examiners and who are employed to fulfill the duties listed on their job description on a monthly or hourly basis.  Classified employees will include, but not be limited to, teacher and classroom aides, custodial and maintenance employees, clerical employees, food service employees, bus drivers, and temporary help for summer or other maintenance.  The position may be full-time or part-time.

It is the responsibility of the superintendent to establish job specifications and job descriptions for classified employee positions.  Job descriptions may be approved by the board.

Classified employees required to hold a license for their position must present evidence of their current license to the board secretary prior to payment of wages each year.

 

 

Legal Reference:          Iowa Code §§ 20; 279.8.

Cross Reference:          405.1   Licensed Employee Defined

                                      411.2   Classified Employee Qualifications, Recruitment, Selection

                                      412.3   Classified Employee Group Insurance Benefits

 

 

 

Approved   July 1999                   

Reviewed February 2019                 

Revised                  

411.2 CLASSIFIED EMPLOYEE - QUALIFICATIONS, RECRUITMENT, SELECTION

Persons interested in a classified employee position will have an opportunity to apply and qualify for classified employee positions in the school district in accordance with applicable laws and school district policies regarding equal employment.  Job applicants for classified employee positions will be considered on the basis of the following:

·    Training, experience, and skill;

·    Nature of the occupation;

·    Demonstrated competence; and

·    Possession of, or ability to obtain, state or other license or certificate, if required, for the position.

All job openings shall be submitted to the Iowa Workforce Development for posting on IowaWorks.gov, the online state job posting system.  Additional announcements of the position may occur through means the superintendent believes will inform potential applicants about the position.  Whenever possible, the preliminary screening of applicants will be conducted by the administrator who directly supervises and oversees the position.

The superintendent has the authority to hire and sign support personnel employment contracts, without board approval, for bus drivers, custodians, education associates, maintenance staff, clerical personnel, and food service workers. 

 

 

 

 

 

Legal Reference:          29 U.S.C. §§ 621-634.

                                    42 U.S.C. §§ 2000e; 12101 et seq.

                                    Iowa Code §§ 20; 35C; 216; 256.27; 279.8; 279.20

                                    281 I.A.C. 12

 

 

Cross Reference:          401.1   Equal Employment Opportunity

                                      411      Classified Employees - General

 

 

Approved   July 1999                   

Reviewed   May 2024             

Revised  May 2024

411.3 CLASSIFIED EMPLOYEE CONTRACTS

The board may enter into written contracts with classified employees employed on a regular basis.  The contract will state the terms of employment.

 

Each contract will include a thirty-day cancellation clause.  Either the employee or the board must give notice of the intent to cancel the contract at the end of thirty days.  This notice will not be required when the employee is terminated during a probationary period or for cause.

 

Classified employees will receive a job description stating the specific performance responsibilities of their position.

 

It is the responsibility of the superintendent to draw up and process the classified employee contracts and present them to the board for approval.  The contracts, after being signed by the board president, are filed with the board secretary/business manager.

 

 

 

 

Legal Reference:         

Iowa Code §§ 20; 279.7A; 285.5(9) (2013).

 

 

Cross Reference:        

411      Classified Employees - General

412.1   Classified Employee Compensation

412.2   Classified Employee Wage and Overtime Compensation

413      Classified Employee Termination of Employment

 

 

Approved   July 1999                   

Reviewed  February 2019          

Revised__________

411.4 CLASSIFIED EMPLOYEE LICENSING/CERTIFICATION

Classified employees who require a special license or other certification will keep them current at their own expense.  Licensing requirements needed for a position will be considered met if the employee meets the requirements established by law for the position.

 

 

Legal Reference:         

Iowa Code §§ 272.; 285.5(9); 279.8 

281 I.A.C. 12.4(10); 36; 43.

 

 

 

Cross Reference:        

411.2   Classified Employee Qualifications, Recruitment, Selection

 

 

Approved   July 1999                   

Reviewed February 2019           

Revised     

 

 

411.5 CLASSIFIED EMPLOYEE ASSIGNMENT

Determining the assignment of each classified employee is the responsibility of the superintendent and within the sole discretion of the board.  In making such assignments each year the superintendent will consider the qualifications of each classified employee and the needs of the school district.

 

It is the responsibility of the superintendent to assign classified employees and report such assignments to the board.

 

 

 

 

Legal Reference:         

Iowa Code §§ 20; 279.8 (2013).

 

 

Cross Reference:        

200.2   Powers of the Board of Directors

411.6   Classified Employee Transfers

 

 

Approved   July 1999                 

 Reviewed  February 2019               

Revised                   

 

 

411.6 CLASSIFIED EMPLOYEE TRANSFERS

Determining the location where a classified employee's assignment will be performed is the responsibility of the superintendent and within the sole discretion of the board.  In making such assignments each year the superintendent will consider the qualifications of each classified employee and the needs of the school district.

 

A transfer may be initiated by the employee, the principal or the superintendent.

 

It is the responsibility of the superintendent to transfer classified employees and report such transfers to the board.

 

 

 

 

Legal Reference:         

29 U.S.C. §§ 621-634 (2012).

42 U.S.C. §§ 2000e et seq. (2012)

42 U.S.C. §§ 12101 et seq. (2012).

Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1 (2013).

 

 

Cross Reference:        

411.2   Classified Employee Qualifications, Recruitment, Selection

411.5   Classified Employment Assignment

 

 

Approved   July 1999                   

Reviewed February 2019                    

Revised                   

 

 

411.7 CLASSIFIED EMPLOYEE EVALUATION

Evaluation of classified employees on their skills, abilities, and competence is an ongoing process supervised by the superintendent.  The goal of the formal evaluation of classified employees is to maintain classified employees who meet or exceed the board's standards of performance, to clarify each classified employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.

 

It is the responsibility of the superintendent to ensure classified employees are formally evaluated annually.  New and probationary classified employees are formally evaluated at least twice a year.

 

 

 

 

Legal Reference:         

Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).

Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).

Iowa Code §§ 20.9; 279.14 (2013).

281 I.A.C. 12.3(4).

 

 

Cross Reference:        

411.2   Classified Employee Qualifications, Recruitment, Selection

411.8   Classified Employee Probationary Status

 

 

Approved   July 1999 

Reviewed February 2019  

Revised                   

411.8 CLASSIFIED EMPLOYEE PROBATIONARY STATUS

The first year of a newly employed classified employee's contract is a probationary period.  "Day" is defined as one work day regardless of full-time or part-time status of the employee.  New employees, regardless of experience, are subject to this probationary period.

 

"New" employees includes individuals who are being hired for the first time by the school district and those who may have been employed by the school district in the past, but have not been employed by the board during the school year prior to the one for which contracts are being issued.

 

Only the board, in its discretion, may waive the probationary period.

 

 

 

 

Legal Reference:         

Iowa Code §§ 20; 279.8 (2013).

 

 

Cross Reference:        

411.3   Classified Employee Contracts

411.7   Classified Employee Evaluation

 

 

Approved   July 1999                   

Reviewed February 2019      

Revised                   

 

 

412 CLASSIFIED EMPLOYEE COMPENSATION AND BENEFITS

412.1 CLASSIFIED EMPLOYEE COMPENSATION

The board will determine the compensation to be paid for the classified employees' positions, keeping in mind the education and experience of the classified employee, the educational philosophy of the school district, the financial condition of the school district and any other considerations as deemed relevant by the board.

 

It is the responsibility of the superintendent to make a recommendation to the board annually regarding the compensation of classified employees.

 

 

 

 

 

 

Legal Reference:         

Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2013).

 

 

Cross Reference:        

411.3   Classified Employee Contracts

412.2   Classified Employee Wage and Overtime Compensation

 

 

 

Approved   July 1999                   

Reviewed February 2019                 

Revised                   

412.2 CLASSIFIED EMPLOYEE WAGE AND OVERTIME COMPENSATION

Each non-exempt employee compensated on an hour-by-hour basis, whether full-or part-time, permanent or temporary, will be paid no less than the prevailing minimum wage.  Whenever a non-exempt employee must work more than forty hours in a given work week, the employee is compensated at one and one-half times their regular hourly wage rate.  This compensation is in the form of overtime pay or compensatory time.  Overtime will not be permitted without prior authorization of the superintendent.

 

Each non-exempt employee paid on an hour-by-hour basis must complete, sign, and turn in a daily time record showing the actual number of hours worked.  Failure of the employee to maintain, or falsification of, a daily time record will be grounds for disciplinary action.

 

It is the responsibility of the board secretary/business manager to maintain wage records.

 

 

 

Legal Reference:         

Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985).

29 U.S.C. §§ 206 et seq. (2012).

 

 

 

Cross Reference:        

411.3   Classified Employee Contracts

412.1   Classified Employee Compensation

 

 

Approved   July 1999                   

Reviewed February 2019                

Revised                   

412.3 CLASSIFIED EMPLOYEE GROUP INSURANCE BENEFITS

Classified employees may be eligible for group benefits as determined by the board and required by law. The board will select the group benefit program(s) and the insurance company or third party administrator which will provide or administer the program.

 

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer classified employees, who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, with minimum essential coverage that is both affordable and provides minimum value. The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees.

Classified employees, who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan.

Regular part-time classified employees who wish to purchase coverage may participate in group benefit programs by meeting the requirements of the applicable plan. Full-time and regular part-time classified employees who wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.

 

 

 

 

 

Legal Reference:          Iowa Code §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B (2013).

Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014).

 

Cross Reference:         411.1   Classified Employee Defined

 

 

Approved   May 2015                  

Reviewed February 2019              

Revised                   

412.4 CLASSIFIED EMPLOYEE TAX SHELTER PROGRAMS

Employees may elect to have amounts withheld from their pay for items authorized by law, subject to agreement of the district.  The board may authorize the administration to make a payroll deduction for classified employees' tax-sheltered annuity premiums purchased from a company or program if chosen by the board.

 

Classified employees wishing to have payroll deductions for tax-sheltered annuities will make a written request to the superintendent.  Requests for purchase of change of tax-sheltered annuities may be made by the first Friday of the month.  

 

 

 

 

Legal Reference:         

Small Business Job Protection Act of 1996, Section 1450(a), repealing portions of IRS REG § 1.403(b)-1(b)(3).

Iowa Code §§ 260C; 273; 294.16

1988 Op. Att'y Gen. 38.

1976 Op. Att'y Gen. 462, 602.

1966 Op. Att'y Gen. 211, 220.

 

 

Cross Reference:        

706      Payroll Procedures

 

 

Approved   July 1999                   

Reviewed February 2019

Revised   February 2018

413 CLASSIFIED EMPLOYEE TERMINATION OF EMPLOYMENT

413.1 CLASSIFIED EMPLOYEE RESIGNATION

Classified employees who wish to resign during the school year will give the board notice of their intent to resign and final date of employment and cancel their contract 14 calendar days prior to their last working day.

 

Notice of the intent to resign will be in writing to the superintendent.

 

 

 

 

 

Legal Reference:         

Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9) (2013).

 

 

Cross Reference:        

411.3   Classified Employee Contracts

413      Classified Employee Termination of Employment

 

 

 

Approved   July 1999                   

Reviewed  March 2019                    

Revised _____________

413.2 CLASSIFIED EMPLOYEE RETIREMENT

Classified employees who will complete their current contract with the board may apply for retirement.  No classified employee will be required to retire at any specific age.

 

Application for retirement will be considered made when the classified employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board if applicable, the employee's intent to retire.  The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent. 

 

Board action to approve a classified employee's application for retirement is final, and such action constitutes termination of the employee's contract effective the day of the employee's retirement.

 

Classified employees and their spouse and dependents who have group insurance coverage through the school district may be allowed to continue coverage of the school district's group health insurance program, at their own expense, by meeting the requirements of the insurer.

 

 

 

 

 

 

Legal Reference:         

29 U.S.C. §§ 621 et seq. (2012).

Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46 (2013).

1978 Op. Att'y Gen. 247.

1974 Op. Att'y Gen. 11, 322.

 

 

Cross Reference:        

412       Classified Employee Compensation and Benefits

413      Classified Employee Termination of Employment

 

 

Approved   July 1999                   

Reviewed March 2019                 

Revised                   

413.3 CLASSIFIED EMPLOYEE SUSPENSION

Classified employees will perform their assigned job, respect and follow board policy and obey the law.  The superintendent is authorized to suspend a classified employee with or without pay pending board action on a discharge or during investigation of charges against the employee or for disciplinary purposes.  It is within the discretion of the superintendent to suspend a classified employee with or without pay.

 

In the event of a suspension, due process will be followed.

 

 

 

Legal Reference:         

Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (Iowa 1987).

McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).

 Iowa Code §§ 20.7, .24 (2013).

 

 

Cross Reference:        

404      Employee Conduct and Appearance

413      Classified Employee Termination of Employment

 

 

Approved   July 1999                   

Reviewed  March 2019       

Revised                   

413.4 CLASSIFIED EMPLOYEE DISMISSAL

The board believes classified employees should perform their jobs, respect board policy and obey the law.  A classified employee may be dismissed upon thirty days notice or immediately for cause.  Due process procedures will be followed.

 

It is the responsibility of the superintendent to make a recommendation for dismissal to the board.  A classified employee may be dismissed for any reason, including, but not limited to, incompetence, willful neglect of duty, reduction in force, willful violation of board policy or administrative regulations, or a violation of the law.

 

 

 

 

 

Legal Reference:         

Iowa Code §§ 20.7, .24 (2013).

 

 

Cross Reference:        

404      Employee Conduct and Appearance

413.3   Classified Employee Suspension

413.5   Classified Employee Reduction in Force

 

 

Approved   July 1999                   

Reviewed March 2019          

Revised                   

413.5 CLASSIFIED EMPLOYEE REDUCTION IN FORCE

It is the exclusive power of the board to determine when a reduction in classified employees is necessary.  Employees who are terminated due to a reduction in force will be given thirty calendar days notice.  Due process will be followed for terminations due to a reduction in force.

 

It will be the responsibility of the superintendent to make a recommendation for termination to the board.  The superintendent will consider the relative qualifications, skills, ability and demonstrated performance through evaluation procedures in making the recommendations.

 

 

 

 

Legal Reference:         

Iowa Code §§ 20.7, .24 (2013).

 

 

Cross Reference:        

407.5   Licensed Employee Reduction in Force

413.3   Classified Employee Suspension

413.4   Classified Employee Dismissal

703      Budget

 

 

Approved   July 1999                   

Reviewed  March 2019               

Revised  ____________

413.6 CLASSIFIED EMPLOYEE EARLY RETIREMENT

413.6 CLASSIFIED EMPLOYEE EARLY RETIREMENT  

The school district offers an early retirement plan for full-time classified employees.  Full-time classified employees are classified employees who work 30 hours per week and who are currently performing their assigned duties within the school district.  A classified employee is eligible under the early retirement plan when the classified employee:

  • Is age of 55 or older on or before June 30 of the year in which the classified employee wishes to retire;
  • Completes a total of 10 years of service as a full-time employee to the school district;
  • Submits an application to the superintendent for participation in the plan on or before February 1st of the year in which the classified employee wishes to retire.  Applications submitted after February 1st may be considered at the discretion of the board depending on the circumstances for the late application;
  • Submits a written resignation.  The resignation may be contingent upon approval by the board of participation in the voluntary early retirement plan; and,
  • Receives board approval of the employee's application for participation in the early retirement plan, of the employee's resignation and of the disbursement of early retirement incentive to the employee. 

Approval by the board of the employee's early retirement application will constitute a voluntary resignation.  Approval by the board of the employee's early retirement application will also make the employee eligible for disbursement of the early retirement incentive the sooner of July 1 following the employee's approval for early retirement or a date mutually agreed upon by the school district and the licensed employee.  Failure of the board to approve the employee's early retirement application will make the employee's current contract with the board continue in full force and effect.

 Settlement Benefit 

The settlement benefit for a full-time employee will be $XXXX times the number of years of service.  The retirement benefit may be paid directly to the 403(b) special pay deferral plan or to the health care savings plan.

 Duration of Policy 

This early retirement policy is offered for one year only, for retirements to begin with (enter year) school year.  It will be re-evaluated for subsequent years. 

 

 

Approved         April 2022

Reviewed         April 2022

Revised

Uploaded Files: 

414 CLASSIFIED EMPLOYEE PROFESSIONAL PURPOSES LEAVE

414 CLASSIFIED EMPLOYEE PROFESSIONAL PURPOSES LEAVE

Professional purposes leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments.  Application for the leave must be presented to the superintendent ten calendar days prior to the meeting or conference.

 

It is within the discretion of the superintendent to grant professional purposes leave.  The leave may be denied on the day before or after a vacation or holiday, on special days when services are needed, when it would cause undue interruption of the education program and school district operations, or for other reasons deemed relevant by the superintendent.

 

 

 

Legal Reference:         

Iowa Code § 279.8 (2013).

281 I.A.C. 12.7.

 

 

Cross Reference:        

411      Classified Employees - General

408.1   Classified Employee Professional Development

 

 

Approved   July 1999                   

Reviewed  May 2019                   

Revised