The Janesville Consolidated 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 shall consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, national origin, religion, age, sexual orientation, gender, 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.

Advertisements and notices for vacancies within the district will contain the following statement:  "The Janesville Consolidated School District is an equal employment opportunity/affirmative action 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, Janesville Consolidated School District, 505 Barrick Road, Janesville, Iowa 50647; or by telephoning 319-987-2581.

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 Director of the Region VII office of Civil Rights, U.S. Department of Education, 310 W. Wisconsin Ave., Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111 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 (2004).
            42 U.S.C. §§ 2000e et seq. (2004).
            42 U.S.C. §§ 12101 et seq. (2004).
            Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8; 692.2; 692.2A; 692.2(5); 235A.15;                 235A.6e(9) (2007).
            281 I.A.C. 12.4; 95.
            28 I.A.C. 14.1.

Cross Reference:    102    Equal Educational Opportunity
            104 Bullying/Harassment
            405.2  Licensed Employee Qualifications, Recruitment,
                     Selection
            411.2  Classified Employee Qualifications, Recruitment,
                     Selection

Approved  07/10/89     Reviewed 10/15/23     Revised 10/15/23

 

 Employees' use of their position with the school district for financial gain shall be 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 shall not act as an agent or dealer for the sale of textbooks or other school supplies.  Employees shall not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents.  Employees shall 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 shall 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 shall be deemed to exist shall 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.

It shall be 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:  Iowa Code §§ 20.7; 68B; 279.8; 301.28 (1995).

Cross Reference:  203    Board of Directors' Conflict of Interest
                                       402.4  Gifts to Employees
                                       402.6  Employee Outside Employment

Approved 09/11/95     
Reviewed 10/18/21         
Revised             

 

More than one family member may be an employee of the school district.  It shall be 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 subject to the approval of the board.

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

 

 

Legal Reference:  Iowa Code §§ 20; 71; 277.27; 279.8 (1995).

Cross Reference:  405.2  Licensed Employee Qualifications, Recruitment Selection
                                       411.2  Classified Employee Qualifications, Recruitment Selection

Approved 09/11/95    
Reviewed 10/18/21   
Revised            

 

Complaints of employees against fellow employees should be discussed directly between employees.  If necessary, complaints shall be brought directly to the immediate supervisor, principal or superintendent and shall be made in a constructive and professional manner.  Complaints shall never be made in the presence of other employees, students or outside persons.

A formal grievance procedure is contained in the master contract between the employee's licensed bargaining unit and the board.  This policy shall not apply to a complaint that has been or could be filed at the employee's discretion under that formal grievance procedure.

 

 

Legal Reference:  Iowa Code §§ 20.7, .9; 279.8 (1995).

Cross Reference:  307  Communication Channels

Approved 09/11/95    
Reviewed  10/18/21    
Revised            

 

The school district shall 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 shall 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 made except the total amount charged for all copies cannot exceed $5.00.  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 shall be the responsibility of the superintendent to keep employees' personnel files current.  The board secretary shall be the custodian of employee records.

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

 

 

Legal Reference:  Iowa Code chs. 20; 21; 22; 91B (1995).

Cross Reference:  402.1  Release of Credit Information
                                        403    Employees' Health and Well-Being
                                        708    Care, Maintenance and Disposal of School District Records

Approved 07/10/89    
Reviewed  10/18/21             
Revised 11/11/13 

 

 Generally, transportation of students shall be in a motor vehicle owned by the school district and driven by an employee.  In some cases, it may be more economical or efficient for the school district to allow an employee of the school district to transport the students in the employee's motor vehicle.

Employees who transport students for school purposes must have the permission of the superintendent.

This policy statement applies to transportation of students for school purposes in addition to the regular bus route transporting students to and from their designated attendance center.

 

 

Legal Reference:  Iowa Code chs. 285; 321 (1995).

Cross Reference:  401.7  Employee Travel Compensation
                                       711    Transportation
                                       904.1  Transporting of Students in Private Vehicles

Approved 07/10/89    
Reviewed  10/18/21              
Revised 09/11/95  

 

 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 shall 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 shall 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, shall be approved by the superintendent.

Reimbursement for actual and necessary expenses will 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, other than a credit card receipt, indicating the date, purpose and nature of the expense for each claim item.  In exceptional circumstances, the superintendent may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances shall be maintained as part of the school district's record of the claim.

Failure to have a detailed receipt shall make the expense a personal expense.  Personal expenses, including mileage, in excess of that required for the trip shall be 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 shall be limited to the actual cost of the registration.

Pre-approved expenses for transportation within three-hundred miles of the school district administrative office shall be by automobile.  If a school district vehicle is not available, the employee will be reimbursed 39 cents per mile.  Pre-approved expenses for transportation outside of three-hundred miles of the school district administrative office may be by public carrier.  Reimbursement for air travel shall be at the tourist class fares.  Should an employee choose to travel by automobile, reimbursement shall be limited to the public carrier amount.  Pre-approved expenses for transportation in a rental car is limited to the cost of a Class "C" rental car at a medium priced agency unless the number of people traveling on behalf of the school district warrants a larger vehicle.

Pre-approved expense for lodging limited to the rate of a medium priced hotel in the area.  Lodging may be pre-approved for a larger amount if special circumstances require the employee to stay at a particular hotel.  Pre-approved expenses for meals are limited to $35 per day or $5 Breakfast, $13 Lunch, $17 Dinner .  Meals may be pre-approved for a larger amount by the board.

 

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 39 cents per mile.  It shall be the responsibility of the superintendent to approve travel within the school district by employees.  It shall be the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.

Employees who are allowed an in-school district travel allowance shall 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.

The superintendent shall be responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment of school district vehicles.  The administrative regulations shall 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 (1995).
                                       1980 Op. Att'y Gen. 512.

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 07/10/89  
Reviewed 10/18/21                                 
Revised 2/9/15 

 

 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 shall seek prior approval from the board.

 

 

Legal Reference:  Iowa Const. Art. III, § 31.
                                       Iowa Code § 279.8 (1995).
                                       1980 Op. Att'y Gen. 102.

Cross Reference:  407  Licensed Employee Termination of Employment
                                       413  Classified Employee Termination of Employment

Approved 07/10/89    
Reviewed 10/18/21    
Revised 09/11/95  

 

Employees shall not engage in political activity upon property under the jurisdiction of the board.  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, 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 (1995).

Cross Reference:  409.5  Licensed Employee Political Leave
                                       414.5  Classified Employee Political Leave

Approved 09/11/95    
Reviewed 10/18/21             
Revised            

 

 Employees may use school district credit cards for the actual and necessary expenses incurred in the performance of work-related duties.  Actual and necessary expenses incurred in the performance of work-related duties include, but are not limited to, fuel for school district transportation vehicles used for transporting students to and from school and for school-sponsored events, payment of claims related to professional development of the board and employees, and other expenses required by employees and the board in the performance of their duties.

Employees and officers using a school district credit card must submit a detailed receipt in addition to a credit card receipt indicating the date, purpose and nature of the expense for each claim item.  Failure to provide a proper receipt shall make the employee responsible for expenses incurred.  Those expenses shall be reimbursed to the school district no later than ten working days following use of the school district's credit card.  In exceptional circumstances, the superintendent or board may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances shall be maintained as part of the school district's record of the claim.

The school district may maintain a school district credit card for actual and necessary expenses incurred by employees and officers in the performance of their duties.  The superintendent may maintain a school district credit card for actual and necessary expenses incurred in the performance of the superintendent's duties.  The transportation director may maintain a school district credit card for fueling school district transportation vehicles in accordance with board policy.

It shall be the responsibility of the superintendent to determine whether the school district credit card use is for appropriate school business.  It shall be the responsibility of the board to determine through the audit and approval process of the board whether the school district credit card use by the superintendent and the board is for appropriate school business.

The superintendent shall be responsible for developing administrative regulations regarding actual and necessary expenses and use of a school district credit card.  The administrative regulations shall include the appropriate forms to be filed for obtaining a credit card.

 

 

Legal Reference:  Iowa Constitution, Art. III, § 31.
                                       Iowa Code §§ 279.8, .29, .30 (1995).
                                       281 I.A.C. 12.3(1).

Cross Reference:  216.3  Board of Directors' Member Compensation and Expenses
                                       401.7  Employee Travel Compensation

Approved 12/13/93    
Reviewed 10/18/21            
Revised 09/11/95  

 

 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.  Regular employee’s 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 (1995).
                                       191 I.A.C. 74

Cross Reference:  404    Employee Conduct and Appearance
                                       406    Licensed Employee Compensation and Benefits
                                       412    Classified Employee Compensation and Benefits

Approved 09/11/95    
Reviewed 10/18/21              
Revised____________ 

 

Computers are a powerful and valuable education and research tool and, as such, are an important part of the instructional program. In addition, the school district depends upon computers as an integral part of administering and managing the schools’ resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies and materials. This policy outlines the board’s expectations in regard to these different aspects of the school district’s computer resources. Employees must conduct themselves in a manner that does not disrupt from or disrupt the educational process and failure to do so will result in discipline, up to and including, discharge.

 

General Provisions

The superintendent is responsible for designating a technology coordinator who will oversee the use of school district computer resources. The technology coordinator will prepare in-service programs for the training and development of school district staff in computer skills, appropriate use of computers and for the incorporation of computer use in subject areas.

The superintendent, working with appropriate staff, shall establish regulations governing the use and security of the school district’s computer resources. The school district will make every reasonable effort to maintain the security of the system. All users of the school district’s computer resources, including students, staff and volunteers, shall comply with this policy and regulation, as well as others impacting the use of school equipment and facilities. Failure to comply may result in disciplinary action, up to and including discharge, as well as suspension and/or revocation of computer access privileges.        

Usage of the school district’s computer resources is a privilege, not a right, and that use entails responsibility. All information on the school district’s computer system is considered a public record. Whether there is an exception to keep some narrow, specific content within the information confidential is determined on a case by case basis. Therefore, users of the school district’s computer network must not expect, nor does the school district guarantee, privacy for e-mail or use of the school district’s computer network including web sites visited. The school district reserves the right to access and view any material stored on school district equipment or any material used in conjunction with the school district’s computer network.

The superintendent, working with the appropriate staff, shall establish procedures governing management of computer records in order to exercise appropriate control over computer records, including financial, personnel and student information. The procedures will address: 

• passwords,
• system administration,
• separation of duties,
• remote access,
• data back-up (including archiving of e-mail),
• record retention, and
• disaster recovery plans.

 

Social Networking or Other External Web Sites

For purposes of this policy any web site, other than the school district web site or school-school district sanctioned web sites, are considered external web sites. Employees shall not post confidential or proprietary information, including photographic images, about the school district, its employees, students, agents or others on any external web site without consent of the superintendent. The employee shall adhere to all applicable privacy and confidentiality policies adopted by the school district when on external web sites. Employees shall not use the school district logos, images, iconography, etc. on external web sites. Employees shall not use school district time or property on external sites that are not in direct-relation to the employee’s job. Employees, students and volunteers need to realize that the Internet is not a closed system and anything posted on an external site may be viewed by others, all over the world. Employees, students and volunteers who don’t want school administrators to know their personal information, should refrain from exposing it on the Internet. Employees, who would like to start a social media site for school district sanctioned activities, should contact the superintendent.

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

 

 

Legal Reference:  Iowa Code § 279.8 (2011).
                                        281 I.A.C. 13.35, .26

Cross Reference:  104       Anti-Bullying/Harassment
                                        306       Administrator Code of Ethics
                                        401.11  Employee Orientation
                                        407       Licensed Employee Termination of Employment
                                        413       Classified Employee Termination of Employment
                                        605       Instructional Materials

Approved                                              
Reviewed     10/18/21                                                                          
Revised     12/10/13              

 

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 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
                                       504.3    Student Publications

Approved  10/18/21                                       
Reviewed                                                                                          
Revised                   

 

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

 

 

Legal Reference:  Iowa Code §§ 22.7; 279.8 (1995).

Cross Reference:  401.5  Employee Records

Approved 09/11/95    
Reviewed  10/18/21                  
Revised            

 

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 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.
 

NOTE:  All mandatory reporter training certificates issued prior to July 1, 2019 remain effective for five years.  Once this certificate expires, subsequent training certificates will be valid for three years.  

 

NOTE: For more information, please visit the “Report Abuse and Fraud” section of the Iowa Department of Human Services’ website, located at http://dhs.iowa.gov/report-abuse-and-fraud. 

 

NOTE: Please remember there are two types of reporters identified in Iowa law: mandatory reporters and permissive reporters. Mandatory reporters are those individuals who are required by law to report suspected incidents of child abuse when they become aware of such incidents within the scope of their employment or professional responsibilities. Permissive reporters are not required by law to report abuse, but may choose to report to the Iowa Department of Human Services. While all licensed school employees, teachers, coaches and paraeducators are mandatory reporters within the scope of their profession, they are considered permissive reporters outside the scope of their profession. 

 

 

Approved 07/10/89    
Reviewed 11/13/23   
Revised 11/13/23 

 

 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 shall be listed in the student handbook, published annually in the local newspaper and posted in all school facilities.

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

 

 

Legal Reference:  Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1) (1995).
                                       281 I.A.C. 102; 103.
                                       441 I.A.C. 155; 175.
                                       1980 Op. Att'y Gen. 275.

Cross Reference:  402.2  Child Abuse Reporting
                                       403.5  Harassment
                                       503.5  Corporal Punishment

Approved 09/11/95    
Reviewed  10/18/21             
Revised 11/11/13            

 

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

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

• 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;
• 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;
• Funeral flowers or memorials to a church or nonprofit organization;
• Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;
• Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or
• 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.
• 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 shall be the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.

 

 

Legal Reference:  Iowa Code ch. 68B (1995).
                                      1972 Op. Att'y Gen. 276.
                                      1970 Op. Att'y Gen. 319.

Cross Reference:  217    Gifts to Board of Directors
                                      401.2  Employee Conflict of Interest
                                      704.4  Gifts-Grants-Bequests

Approved 07/10/89    
Reviewed 10/18/21    
Revised 09/11/95  

 

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

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

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

 

 

Approved 07/10/89    
Reviewed 11/13/23    
Revised 11/13/23 

 

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 shall be the responsibility of the superintendent to counsel employees, whether full-time or part-time, if, in the judgment of the superintendent and the 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 (1995).

Cross Reference:  401.2  Employee Conflict of Interest
                                       408.3  Licensed Employee Tutoring

Approved 09/11/95    
Reviewed 10/18/21   
Revised            

 

 Good health is important to job performance.  Employees will present evidence of good health, in the form of a physical examination report, prior to their employment with the school district. 

School bus drivers shall present evidence of good health every other year in the form of a physical examination report, unless otherwise required by law or medical opinion. The cost of school bus driver’s physical examinations, in excess of insurance coverage, will be paid by the Janesville School District, up to a maximum of $145.  Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations, when requested to do so, at the expense of the school district.

The cost of the initial examination, up to $35.00, will be paid by the Janesville School District.  The form, indicating the employee is able to perform the duties for which the employee was hired and that the employee did not test positive for tuberculosis, must be returned prior to payment of salary.   The school district shall provide the standard examination form to be completed by the personal physician of the employee.  Employees identified as having reasonably anticipated contact with blood or infectious materials will receive the Hepatitis B vaccine or sign a written waiver stating that they will not take the vaccine.

It is the responsibility of the superintendent to write an exposure control plan to eliminate or minimize district occupational exposure to blood borne pathogens.  The plan for designated employees will include, but not be limited to, scope and application, definitions, exposure control, methods of compliance, Hepatitis B vaccination and post-exposure evaluation and follow-up, communication of hazards to employees, and record keeping.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding physical examinations of such employees are followed.

 

 

Legal Reference:  29 C.F.R. Pt. 1910.1030 (2006).
                                       Iowa Code §§ 20.9; 279.8, 321.376 (2009).
                                       281 I.A.C. 12.4(14); 43.15 -.20.

Cross Reference:  403  Employees' Health and Well-Being

Approved 07/10/89 
Reviewed 09/10/24   
Revised 09/10/24         

 

 When an employee becomes seriously injured on the job, the building principal shall 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 shall be 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 employee to file claims, such as workers' compensation, through the board secretary.

 

 

Legal Reference:  Iowa Code §§ 85; 279.4, 613.17 (2009).
                                       1972 Op. Att'y Gen. 177.

Cross Reference:  403    Employees' Health and Well-Being
                                       409.2  Licensed Employee Personal Illness Leave
                                       414.2  Classified Employee Personal Illness Leave

Approved 09/11/95    
Reviewed 10/18/21     
Revised   01/10/11          

 

 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 blood borne pathogens exposure control plan.  The procedures shall 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 shall be reviewed annually by the superintendent and school nurse.

The health risk to immunodepressed employees shall be 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 it shall 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:  School Board of Nassau County v. Arline, 480 U.S. 273 (1987).
                                       29 U.S.C. § 794, 1910 (2006).
                                       42 U.S.C. §§ 12101 et seq. (2006).
                                       45 C.F.R. Pt. 84.3 (2006).
                                       Iowa Code  § 139A; 141A (2009).
                                       641 I.A.C. 1.2-.7.

Cross Reference:  401.5  Employee Records
                                       403.1  Employee Physical Examinations
                                       507.3 Communicable Diseases-Students

Approved 10/12/92    
Reviewed 10/18/21    
Revised 01/10/11     

 

 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 shall be distributed to all employees, and training is conducted for the appropriate employees.  The superintendent shall 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 shall disseminate information about the hazardous chemicals with which they will be working as part of the instructional program.

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

 

 

Legal Reference:  29 C.F.R. Pt. 1910; 1200 et seq. (2006).
                                       Iowa Code chs. 88; 89B (2009).
                                       347 I.A.C. 120.

Cross Reference:  403  Employees' Health and Well-Being
                                       804  Safety Program

Approved 07/10/89    
Reviewed 10/18/21    
Revised 01/10/11  

 

Harassment of employees and students will not be tolerated in the school district.  School district includes school district facilities, school district premises, and nonschool property if the employee or student is at any school sponsored, school approved or school related activity 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.

Harassment includes, but is not limited to, racial, religious, national origin, age, disability and sexual harassment.  Harassment by board members, administrators, employees, parents, vendors, and others doing business with the school district is prohibited.  Employees whose behavior is alleged to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, discharge or other appropriate action.  Other individuals whose behavior is alleged to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the superintendent or board.

Sexual harassment shall include, but not be limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

• submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

• submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

• such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Other types of harassment may include, but not be limited to, jokes, stories, pictures or objects that are offensive, tend to alarm, annoy, abuse or demean certain protected individuals and groups.

Employees and students who believe they have suffered harassment shall report such matters to the investigator for harassment complaints.  However, claims regarding harassment may also be reported to the alternate investigator for harassment complaints.

Upon receiving a complaint, the investigator shall confer with the complainant to obtain an understanding and a statement of the facts.  It shall be the responsibility of the investigator to promptly and reasonably investigate claims of harassment and to pass the findings on to the superintendent who shall complete such further investigation as deemed necessary and take such final action as deemed appropriate.  Information regarding an investigation of harassment shall be confidential to the extent possible, and those individuals who are involved in the investigation shall not discuss information regarding the complaint outside the investigation process.

No one shall retaliate against an employee or student because they have filed a harassment complaint, assisted or participated in a harassment investigation, proceeding, or hearing regarding a harassment charge or because they have opposed language or conduct that violates this policy.

It shall be the responsibility of the board members, administrators, licensed and classified employees, students, and others having business or other contact with the school district to act appropriately under this policy.  It shall be the responsibility of the superintendent and investigator to inform and educate employees or students and others involved with the school district about harassment and the school district's policy prohibiting harassment.

This policy and accompanying regulations shall only apply when an employee is the victim of an alleged harasser or an employee is the alleged harasser.  It shall be the responsibility of the superintendent, in conjunction with the investigator, to develop administrative rules regarding this policy.

 

 

Legal Reference:  Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986).
                                       Hall v. Gus Const. Co., 842 F.2d 1010 (8th Cir. 1988).
                                       Lynch v. City of Des Moines, 454 N.W.2d 827 (Iowa 1990).
                                       42 U.S.C. §§ 2000e et seq. (1988).
                                       29 C.F.R. Pt. 1604.11 (1993).
                                       Iowa Code ch. 216 (1995).

Cross Reference:  102     Equal Educational Opportunity
                                       401.1   Equal Employment Opportunity
                                       401.4   Employee Complaints
                                       402.3   Abuse of Students by School District Employees
                                       404     Employee Conduct and Appearance
                                       502.10  Student-to-Student Harassment
                                       503     Student Discipline

Approved 05/09/94    
Reviewed  10/18/21         
Revised 09/11/95 

 

The board expects the school district and its employees to remain substance free.  No employee shall 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 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.

If an employee is convicted of a violation of any criminal drug offense committed in the workplace, the employee shall 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 (2006).
                                       42 U.S.C. §§ 12101 et seq. (2006).
                                       34 C.F.R. Pt. 85 (2004).
                                       Iowa Code §§,123.46, 124; 279.8 (2009).

Cross Reference:  404  Employee Conduct and Appearance

Approved 09/11/95  
Reviewed  10/18/21          
Revised  01/10/11             

 

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, post-accident, return to full duty and follow up drug  and alcohol testing.  Employees operating school vehicles shall not perform a safety-sensitive function within four hours of using alcohol.  Employees governed by this policy shall be 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, superintendent or board secretary at 505 Barrick Road, Janesville, IA  50647, 319-987-2581.

Employees who violate the terms of this policy may be subject to discipline up to and including termination.  The district is required to keep a record of all drug and alcohol violations by employees for a minimum of five years.  Employees are put on notice that information related to drug and alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.  Additionally, the district will conduct FMCSA Clearinghouse queries for employees annually.  Employees must provide written consent for the district to conduct FMCSA Clearinghouse queries; however, employees who choose to withhold consent will be prohibited from performing any safety sensitive functions.

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 shall also be responsible for publication and dissemination of this policy and its supporting administrative regulations and forms to employees operating school vehicles.  The superintendent shall 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. 3^rd 405 (4^th Cir. 1995).
                                        49 U.S.C. ¤ 5331 et seq. (2006).
                                        42 U.S.C. ¤ 12101
                                        41 U.S. C. ¤ 81
                                        49 C.F.R. Pt. 40; 382; 391.81-123 (2006).
                                        34 C.F.R. Pt. 85.
                                        Local 301, Internat’l Assoc. of Fire Fighters, AFL-CIP, and City of Burlington, PERB No. 3876 (3-26-91).
                                        Iowa Code 124; 279.8; 321.375(2); 730.5

Cross Reference:  403.6  Substance-Free Workplace
                                        409.2  Licensed Employee Personal Illness Leave
                                        414.2  Classified Employee Personal Illness Leave

Approved:    12/11/96            
Reviewed  10/18/21           
Revised 10/20/20

 

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 school personnel, who provides educational assistance to students and who holds a license, certificate, or other authorization issued by the board.

“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.

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 in the procurement or renewal of a practitioner’s license.

b.   Criminal convictions.  The commission of or conviction for a criminal offense as defined by Iowa law or the laws of any other state or of the United States, 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 § 702.11:  child endangerment, assault, murder, sexual abuse, or kidnapping;

2.   Any of the following criminal sexual offenses, as provided in Iowa Code Ch. 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;
• Detention in a brothel;
• Assault with intent to commit sexual abuse;
• Indecent contact with a child;
• Sexual exploitation by a counselor;
• Lascivious conduct with a minor; or
• Sexual exploitation by a school employee;

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

4.   Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code § 728.2; or

5.   Telephone dissemination of obscene material to minors as prohibited by Iowa Code § 728.15.

(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 § 702.17.

d.   Sexual exploitation of a minor.  The commission of or any conviction for an offense prohibited by Iowa Code § 728.12, Iowa Code Ch. 709 or 18 U.S.C. § 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; or

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

 

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 17.

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, color, religion, age, sex, disability, marital status, national origin, or membership in a definable minority.

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.

 

25.3(7) Standard VII—compliance with state law governing student loan obligations and child support obligations.  Violation of this standard includes:

a.   Failing to comply with 282—Chapter 9 concerning repayment of student loans.

b.   Failing to comply with 282—Chapter 10 concerning child support obligations.

 

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.

b.   Willfully or repeatedly failing to practice with reasonable skill and safety.

 

These rules are intended to implement Iowa Code § 272.2(1)“a.”

 

 

Approved 9/11/95   
Reviewed  10/18/21        
Revised  1/9/06          

 

Employees will dress as professionals in order to set a good example for students, colleagues, and community.  The personal appearance of employees of the Janesville Consolidated School District affects the respect parents, community members, and others have for the school district, the staff, and the respect that employees have for themselves and others.  As a representative of the Janesville Consolidated School District employees are expected to dress with dignity and professionalism.

Employees are to wear clothing that is neat and clean.  Employees are not to wear clothing that is torn, tattered, dirty and excessively faded, or with visual, written, or implied messages that are likely to disrupt the school environment.  

Wind suits, overalls, denim blue jeans, hats, tank tops, backless apparel, midriffs, tube tops, cut off shorts, gym/running shorts, or tops with straps less than 2 inches that are revealing (e.g. cleavage or midriff) or see through blouses are not acceptable. 

Leggings are only acceptable when the backside is covered. Leggings must be worn under tunics or skirts that are shorter than mid-thigh.  Dress shorts longer than mid-thigh may be worn anytime the temperature is 80 degrees or above and during the first three weeks of school.  

Support staff may wear jeans which fit the dress code or dress pants with a Janesville shirt or school colors any day of the week.  

Footwear must be worn at all times. Shoes traditionally worn around the home (I.e., house shoes or slippers or to the beach (I.e., flip-flop design) not permitted. Tennis/athletic shoes that are clean and in good condition may be worn. 

Fridays and/or designated District Spirit Days: Blue jeans, t-shirts, sweatshirts, or jackets supporting the school logo or colors are permitted. 

Exemptions include job specific duties such as custodial, building, grounds, transportation, physical education, and athletics. Occasional task specific exemption activities include field trips outdoors or involving physical activity along with practices and rehearsals. Exemptions should not preclude professional appearance. *

 

                                                                                                                

Approved 4/12/12   
Reviewed   01/12/22                 
Revised            

 

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 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; 279.8; (2009).
                                       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 09/11/95    
Reviewed 10/18/21       
Revised  01/10/11         

 

 Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," shall have an opportunity to apply and qualify for licensed positions in the school district without regard to age, race, creed, color, sex, national origin, religion, sexual orientation, gender, gender identity or disability.  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.

Announcement of the position is in a manner which the superintendent believes will inform potential applicants about the position.  Applications for employment may be obtained from and completed applications are returned to the school district administrative office.  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.  However, the superintendent 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.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding qualifications, recruitment and selections of such employees will be followed.

 

 

Legal Reference:  29 U.S.C. §§ 621-634 (2006).
                                       42 U.S.C. §§ 2000e et seq. (2006).
                                       Iowa Code §§ 20; 35C; 216; 279.13; 294.1 (2009).
                                       281 I.A.C. 12.
                                       282 I.A.C. 14.
                                       1980 Op. Att'y Gen. 367.

Cross Reference:  401.2  Equal Employment Opportunity
                                       405    Licensed Employees - General
                                       410.1  Substitute Teachers

Approved 07/10/89    
Reviewed 10/18/21    
Revised 01/10/11 

 

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.

It shall be 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, shall be returned to the superintendent.  The superintendent will obtain the employee's signature.  After being signed, the contract will be filed with the board secretary.

 

 

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 (2009).

Cross Reference:  405.2  Licensed Employee Qualifications, Recruitment, Selection
                                       405.4  Licensed Employee Continuing Contracts
                                       407    Licensed Employee Termination of Employment

Approved 07/10/89    
Reviewed 10/18/21    
Revised  01/10/11

 

 Contracts entered into with licensed employees, other than an administrator, will continue from year to year unless the contract states otherwise, is modified by mutual agreement between the board and the employee, or the contract is terminated by the board.

The first two years of a continuing contract issued to a newly employed licensed employee shall be considered a probationary period.  The board may waive this period.  The probationary period may be extended for an additional year upon the consent of the licensed employee.  In the event of termination of the employee's contract during this period, the board will afford the licensed employee appropriate due process.  The action of the board will be final.

Licensed employees whose contracts will be recommended for termination by the board will receive notice prior to April 30.  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 board policies in those areas.

 

 

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 §§ 20; 272; 279.12-.19B, .27; 294.1 (2009).

Cross Reference:  405.3  Licensed Employee Individual Contracts
                                       405.9  Licensed Employee Probationary Status
                                       407    Licensed Employee Termination of Employment

Approved  07/10/89    
Reviewed 10/18/21    
Revised 03/09/15    

 

The work day for licensed employees shall begin each day of the school year at a time established by the superintendent.  Licensed employees who are employed only during the academic year shall 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 shall be 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.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding work day of such employees will be followed.

 

 

Legal Reference:  Iowa Code §§ 20; 279.8 (2009).

Cross Reference:  200.2  Powers of the Board of Directors

Approved 09/11/95    
Reviewed 10/18/21      
Revised            

 

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 shall 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.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding assignment of such employees will be followed.

 

 

Legal Reference:  Iowa Code §§ 20.9; 279.8 (2009).

Cross Reference:  200.2  Powers of the Board of Directors

Approved 07/10/89    
Reviewed 10/18/21    
Revised 01/10/11 

 

 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 shall be the responsibility of the superintendent to make recommendations to the board regarding the transfer of licensed employees.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding transfers of employees will be followed.

 

 

Legal Reference:  Iowa Code §§ 20.9; 216.14; 279.8 (2009).

Cross Reference:  405.2  Licensed Employee Qualifications, Recruitment, Selection
                                       405.6  Licensed Employee Assignment

Approved 09/11/95    
Reviewed  10/18/21      
Revised   01/10/11          

 

 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’s 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.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding evaluation of such employees will be followed.

 

 

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, .19, .27, 294 (2009).
                                       281 I.A.C. 12.3(4) 83.
                                       281 I.A.C. CH 83, 12, 3(4)

Cross Reference:  405.2  Licensed Employee Qualifications, Recruitment, Selection
                                       405.9  Licensed Employee Probationary Status

Approved  07/10/89    
Reviewed 10/18/21    
Revised 01/10/11  

 

The first three years of a new licensed employee's contract shall be 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 one 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 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 year-end or discharge the employee in concert with corresponding board policies.

Licensed employees may also serve a probationary period based upon their performance.  Such probationary period is determined on a case-by-case basis in light of the circumstances surrounding the employee's performance as documented in the employee's evaluations and personnel file.

 

 

Legal Reference:  Iowa Code §§ 279.12-.19B (2009).

Cross Reference:  405.4  Licensed Employee Continuing Contracts
                                       405.8  Licensed Employee Evaluation

Approved  09/11/95    
Reviewed 10/18/21    
Revised  01/10/11

 

The board shall establish salary schedules 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 shall be the responsibility of the superintendent to make a recommendation to the board annually regarding the salary schedule.  The salary schedule shall be subject to review and modification through the collective bargaining process.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding wages and salaries of such employees will be followed.

 

 

Legal Reference:  Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2009).

Cross Reference:  405    Licensed Employees - General
                                       406.2  Licensed Employee Salary Schedule Advancement

Approved 07/10/89  
Reviewed 10/18/21  
Revised 2/14/11 

 

The board shall determine which licensed employees will advance on the salary schedule for the 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 to be the responsibility of the superintendent to make a recommendation to the board for the advancement of licensed employees on the salary schedule.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding salary schedule advancement of such employees will be followed.

 

 

Legal Reference:  Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2009).

Cross Reference:  405  Licensed Employees - General
                                       406  Licensed Employee Compensation and Benefits

Approved 09/11/95    
Reviewed 10/18/21   
Revised 2/14/11           

 

Continued education on the part of licensed employees may entitle them to advancement on the salary schedule.  Licensed employees who have completed additional hours will be considered for advancement on the salary schedule.  The board shall determine which licensed employees will advance on the salary schedule 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 on the salary schedule must notify their supervisor by September 15 of the current school when advancement occurs.  This additional education must be in the same area as the education that was required of the employee to hold the employee's current position with the school district.  For purposes of illustration only, a math teacher would advance on the salary schedule only if the additional education was in math courses.  The superintendent has the discretion to approve credit outside the employee's area of endorsement or responsibility.

It shall be the responsibility of the superintendent to make a recommendation to the board for the advancement of a licensed employee on the salary schedule.

The requirements stated in the Master Contract between licensed employees in a certified collective bargaining unit and the board regarding continued education credit of such employees will be followed.

 

 

Legal Reference:  Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2009).

Cross Reference:  405  Licensed Employees - General
                                       406  Licensed Employee Compensation and Benefits

Approved 09/11/95    
Reviewed 10/18/21    
Revised 2/14/11           

 

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 will establish a salary schedule 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 shall have the extra duty, and the salary schedule for extra duty, for the board's review.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the compensation for extra duties of such employees will be followed.

 

 

Legal Reference:  Iowa Code §§ 20.1, .4, .7, .9; 279.8, .13-.15, .19A-B (2009).

Cross Reference:  405  Licensed Employees - General
                                       406  Licensed Employee Compensation and Benefits

Approved 07/10/89    
Reviewed 10/18/21    
Revised 2/14/11

 

 Licensed employees are eligible for group insurance and health benefits.  The board will select the group insurance program and the insurance company which will provide the program. 

Full-time licensed employees are eligible to participate in the health and major medical, life, and long-term disability group insurance plans.  Regular part-time employees who wish to purchase insurance coverage may participate in group insurance programs by meeting the requirements of the insurer.  Full-time and regular part-time licensed employees who wish to purchase insurance coverage for their spouse or dependents may do so by meeting the requirements of the insurer.

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

This policy statement does not guarantee a certain level of benefits.  The board will have the authority and right to change or eliminate group insurance programs for its licensed employees.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the group insurance benefits of such employees will be followed.

 

 

Legal Reference:  Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 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:  405.1  Licensed Employee Defined

Approved 07/10/89    
Reviewed 10/18/21   
Revised 03/09/15  

 

The board authorizes the administration to make a payroll deduction for licensed employees' tax sheltered annuity premiums purchased from a company or program chosen by the board and collective bargaining units.

Licensed employees wishing to have payroll deductions for tax sheltered annuities will provide a written request to the business office.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the tax sheltered annuities of such employees will be followed.

 

 

Legal Reference:  Iowa Code §§ 20.9; 260C; 273; 294.16 (2009).
                                       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 07/10/89    
Reviewed 10/18/21    
Revised 02/14/11 

 

 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 (2009).

Cross Reference:  405.3  Licensed Employee Individual Contracts
                                       405.4  Licensed Employee Continuing Contracts
                                       407    Licensed Employee Termination of Employment

Approved 07/10/89    
Reviewed 10/18/21    
Revised 09/11/95  

 

 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 shall have sole discretion to determine what constitutes unusual and extreme circumstances.

Release from a contract shall 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 up to $500 for expenses 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 authorized 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 (2009).
                                       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 07/10/89    
Reviewed 10/18/21    
Revised 2/14/11 

 

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 shall be 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 (2009).
                                       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 07/10/89    
Reviewed   10/18/21    
Revised 02/14/11 

 

 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 shall 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 (2009).

Cross Reference:  404  Employee Conduct and Appearance
                                       407  Licensed Employee Termination of Employment

Approved 07/10/89    
Reviewed 10/18/21   
Revised 02/14/11  

 

 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 shall be the responsibility of the superintendent to make a recommendation for termination to the board.  The superintendent shall consider the following criteria in making the recommendations:

• 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.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the reduction in force of such employees will be followed.

 

 

Legal Reference:  Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2009).

Cross Reference:  407.4  Licensed Employee Suspension
                                       413.5  Classified Employee Reduction in Force
                                       703    Budget

Approved 09/11/95    
Reviewed 10/18/21    
Revised 2/14/11 

 

The school district offers an early retirement plan for full-time licensed employees.  Full-time licensed employees are licensed employees who work 38.75 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 over the age of 55 on or before June 30 of the year in which the licensed employee wishes to retire;

      ·    Completes a total of 15 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 March 31 for the year in which the licensed employee wishes to retire.  Applications submitted on or after March 31 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 shall constitute a voluntary resignation.  Approval by the board of the licensed employee's early retirement application will also make the licensed employee eligible for commencement of 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.

The board has complete discretion to offer or not to offer an early retirement plan for licensed employees.  The board may discontinue the school district's early retirement plan at any time. 

 

 

Legal Reference:  29 U.S.C. §§ 621 et seq. (2006).
                                        Senate File 2366, 77^th General Assembly, 2^nd Reg. Sess. (1998).
                                        Iowa Code §§ 97B; 216; 279.46; 509A.13 (2009).
                                        1978 Op. Att'y Gen. 247.
                                        1974 Op. Att'y Gen. 11, 322.

Cross Reference:  407.3       Licensed Employee Retirement
                                        413.3       Classified Employee Early Retirement

Approved 9/13/99    
Reviewed 10/18/21    
Revised 02/14/11

 

The board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills.  The board shall maintain and support an in-service program for licensed employees.

For all professional development programs, the district requires employees to take, the district will provide to the employees 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, is 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 shall 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 or overnight travel must also be approved by the board.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding professional development of such employees will be followed.

 

 

Legal Reference:  Iowa Code § 279.8 (2009).
                                       281 I.A.C. 12.7.

Cross Reference:  414.9  Classified Employee Professional Purposes Leave

Approved 07/10/89    
Reviewed 11/13/23   
Revised 11/13/23 

 

Materials created by licensed employees and the financial gain therefrom shall be 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 employees's employment.  The licensed employee must seek prior written approval of the superintendent concerning such activities.

 

 

Legal Reference:  Iowa Code § 279.8 (2009).

Cross Reference:  401.2  Employee Conflict of Interest
                                       606.4  Student Production of Materials and Services

Approved 09/11/95    
Reviewed 10/18/21   
Revised            

 

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 (2009).

Cross Reference:  401.2  Employee Conflict of Interest
                                       402.6  Employee Outside Employment

Approved 09/11/95    
Reviewed 10/18/21       
Revised            

 

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

It shall be the responsibility of the superintendent to make a recommendation to the board annually on vacations, holidays, and personal leave for licensed employees.

 

 

Legal Reference:  Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (2009).

Cross Reference:  601.1  School Calendar

Approved 09/11/95  
Reviewed   10/18/21  
Revised  2/14/11            

 

 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

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

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__08/24/2020            
Reviewed_10/18/21                             
Revised____________  

 

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 July 1-June 30.  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. 

 

Links:   https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

              WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)

• • WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)
  • WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
  • WH-382 Designation Notice (PDF)
  • WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)

WH-385 Certification for Serious Injury or Illness of Covered Servicemember -- for Military Family Leave (PDF)

 

 

Legal Reference:  29 U.S.C. §§ 2601 et seq.
                                          29 C.F.R. § 825
                                          Iowa Code §§ 20; 85; 216; 279.40.
                                         Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).

Cross Reference:  409.2  Employee Leave of Absence

Approved   11/11/13                              
Reviewed   10/18/21                                                                            
Revised    8/24/20               

 

In the event of a death of a member of a licensed employee's immediate family, bereavement leave may be granted.  Bereavement leave may be granted to a licensed employee for no more than 5 days, with "day" being defined as one work day regardless of full-time or part-time status of the employee, per occurrence, for the death of a member of the immediate family.  The immediate family includes child, spouse, parent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or grandparent of the employee.

No more than 3 days of bereavement leave per year will be granted for the death of a close friend or other relative not listed above.

It is within the discretion of the superintendent to determine the number of bereavement leave days to be granted.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the bereavement leave of such employees is followed.

 

 

Legal Reference:  Iowa Code §§ 20.9; 279.8 (2009).

Cross Reference:  409  Licensed Employee Vacations and Leaves of Absence

Approved 09/11/95    
Reviewed 10/18/21   
Revised 2/14/11  

 

The board will provide a leave of absence to licensed employees to run for elective public office.  The superintendent shall grant a licensed employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The licensed employee will be entitled to one period of leave to run for the elective public office, and the leave may commence within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the superintendent of schools at least thirty days prior to the starting date of the requested leave.

 

 

Legal Reference:  Iowa Code ch. 55 (2009).

Cross Reference:  401.9  Employee Political Activity
                                       409    Licensed Employee Vacations and Leaves of Absence

Approved 09/11/95    
Reviewed 10/18/21         
Revised            

 

The board will allow licensed employees to be excused for jury duty unless extraordinary circumstances exist.  The superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service shall notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.

Licensed employees will receive their regular salary.  Any payment for jury duty shall be paid to the school district.

 

 

Legal Reference:  Iowa Code §§ 20.9; 607A (1995).

Cross Reference:  409  Licensed Employee Vacations and Leaves of Absence

Approved 09/11/95    
Reviewed   10/18/21    
Revised            

 

The board recognizes licensed employees may be called to participate in the armed forces, including the National Guard.  If a licensed employee is called to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.

The leave is  without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

 

 

Legal Reference:  Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
                                       Iowa Code §§ 20; 29A.28 (2009).

Cross Reference:  409  Licensed Employee Vacations and Leaves of Absence

Approved 09/11/95    
Reviewed  10/18/21        
Revised 2/14/11           

 

Unpaid leave may be used to excuse an involuntary absence not provided for in this or other leave policies of the board.  Unpaid leave for licensed employees must be authorized by the superintendent and can only be used after all other appropriate leaves have been used.  Whenever possible, licensed employees will make a written request for unpaid leave ten days prior the beginning date of the requested leave.  If the leave is granted, the deductions in salary will be make unless they are waived specifically by the superintendent.

The superintendent will have complete discretion to grant or deny the requested unpaid leave.  In making this determination, the superintendent shall consider the effect of the employee's absence on the education program and school district operations, length of service, previous record of absence, the financial condition of the school district, the reason for the requested absence and other factors the superintendent believes are relevant to making this determination.

If unpaid leave is granted, the duration of the leave period shall be coordinated with the scheduling of the education program whenever possible to minimize the disruption of the education program and school district operations.

Whenever possible, licensed employees will make a written request for unpaid leave 5 days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary are made unless they are waived specifically by the superintendent.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the unpaid leave of such employees will be followed.

 

 

Legal Reference:  Iowa Code §§ 20; 85; 85A; 85B; 279.12; 509; 509A; 509B (2009).

Cross Reference:  409  Licensed Employee Vacations and Leaves of Absence

Approved  09/11/95    
Reviewed 10/18/21        
Revised   2/14/11         

 

 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 shall be the responsibility of the building principal to fill absences with substitute teachers immediately.

Substitutes employed for 15 or more consecutive days in the same position are paid according to the prevailing salary schedule base salary, and will be retroactive to the sixth day of the substitute period.  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 (2009).
                                       281 I.A.C. 12.4.

Cross Reference:  405.1  Licensed Employee Defined
                                       405.2  Licensed Employee Qualifications, Recruitment, Selection

Approved 07/10/89    
Reviewed 10/18/21   
Revised 09/11/95  

 

It shall be within the discretion of the board to offer an education program 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.

Should the board determine a summer education program is necessary, 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 shall be 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 (2009).

Cross Reference:  603.2  Summer School Instruction

Approved 09/11/95    
Reviewed  10/18/21       
Revised 2/14/11           

 

The board will appoint a licensed employee from each school building to serve as the building's truancy officer.

The principal will notify the truancy officer when a student is truant.  The truancy officer will investigate the cause of a student's truancy and attempt to ensure the student's attendance.  The truancy officer may take the student into custody.  A student taken into custody will be placed in the custody of the principal.  The truancy officer will attempt to contact the student's parents when the student is taken into custody.

 

 

Legal Reference:  Iowa Code §§ 299.10-.11, .15 (2009).

Cross Reference:  501.10  Truancy - Unexcused Absences

Approved 09/11/95    
Reviewed   10/18/21        
Revised  2/13/06    

 

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 shall be the responsibility of the principal to supervise education aides.

 

 

Legal Reference:  Iowa Code §§ 279.8; 280.3, .14 (2009).
                                       281 I.A.C. 12.4(9); .5(9).

Cross Reference:  411.2  Classified Employee Qualifications, Recruitment, Selection

Approved 09/11/95    
Reviewed 10/18/21     
Revised   2/14/11         

 

Classified employees are employees who are not administrators or employees in positions which require an Iowa Department of Education teaching license 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 shall be 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 (2009).

Cross Reference:  405.1  Licensed Employee Defined
                                       411.2  Classified Employee Qualifications, Recruitment, Selection
                                       412.3  Classified Employee Group Insurance Benefits

Approved 07/10/89    
Reviewed 10/18/21    
Revised 03/14/11

 

Persons interested in a classified employee position will have an opportunity to apply and qualify for classified employee positions in the school district without regard to age, race, creed, color, sex, national origin, religion, sexual orientation, gender, gender identity or disability.  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.

Announcement of the position will be through means the superintendent believes will inform potential applicants about the position.  Applications for employment may be obtained from and completed applications shall be returned to the central administration office.  Whenever possible, the preliminary screening of applicants will be conducted by the administrator who directly supervises and oversees the position.

The board will employ classified employees after receiving a recommendation from the superintendent.  However, the superintendent will have the authority to employ a classified 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 (2006).
                                       42 U.S.C. §§ 2000e et seq. (2006)
                                       42 U.S.C. §§ 12101 et seq. (2006).
                                       Iowa Code §§ 35C; 216; 279.8; 294.1 (2009).

Cross Reference:  401.2  Equal Employment Opportunity
                                       411    Classified Employees - General

Approved 07/10/89    
Reviewed 10/18/21    
Revised 09/08/08 

 

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 shall 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 shall receive a job description stating the specific performance responsibilities of their position.

It shall be 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, shall be filed with the board secretary.

 

 

Legal Reference:  Iowa Code §§ 20; 279.7A; 285.5(9) (2009).

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 07/10/89    
Reviewed 10/18/21    
Revised 09/11/95 

 

Classified employees who require a special license or other certification shall 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 and by the Iowa Department of Education for the position.

 

 

Legal Reference:  Iowa Code §§ 272.6; 285.5(9) (2009).
                                       281 I.A.C. 12.4(10); 36; 43.12-.24.

Cross Reference:  411.2  Classified Employee Qualifications, Recruitment, Selection

Approved  09/11/95    
Reviewed 10/18/21              
Revised            

 

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 (2009).

Cross Reference:  200.2  Powers of the Board of Directors
                                       411.6  Classified Employee Transfers

Approved 07/10/89    
Reviewed 10/18/21    
Revised 09/11/95, 3/14/11 

 

 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 (2006).
                                       42 U.S.C. §§ 2000e et seq. (2006)
                                       42 U.S.C. §§ 12101 et seq. (Supp. 2006).
                                       Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1 (2009).

Cross Reference:  411.2  Classified Employee Qualifications, Recruitment, Selection
                                       411.5  Classified Employee Assignment

Approved  07/10/89    
Reviewed 10/18/21   
Revised  03/14/11  

 

 Evaluation of classified employees on their skills, abilities, and competence shall be an ongoing process supervised by the superintendent.  The goal of the formal evaluation of classified employees shall be 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 shall be 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 (2009).
                                       281 I.A.C. 12.3(4).

Cross Reference:  411.2  Classified Employee Qualifications, Recruitment, Selection
                                       411.8  Classified Employee Probationary Status

Approved  07/10/89    
Reviewed 10/18/21    
Revised 09/11/95  

 

The first year of a newly employed classified employee's contract shall be a probationary period.  "Day" shall be defined as one work day regardless of full-time or part-time status of the employee.  New employees, regardless of experience, shall be 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 (2009).

Cross Reference:  411.3  Classified Employee Contracts
                                       411.7  Classified Employee Evaluation

Approved 09/11/95    
Reviewed 10/18/21             
Revised            

 

 The board shall 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 (1995).

Cross Reference:  411.3  Classified Employee Contracts
                                       412.2  Classified Employee Wage and Overtime Compensation

Approved 07/10/89    
Reviewed 10/18/21    
Revised 09/11/95  

 

 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 shall be 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 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. (2006).
                                       29 C.F.R. Pt. 511-800 (2006).

Cross Reference:  411.3  Classified Employee Contracts
                                       412.1  Classified Employee Compensation

Approved 07/10/89    
Reviewed 10/18/21    
Revised  09/11/95 

 

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 are expected to 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 utilize the applicable measurement period to determine whether variable hourly employees qualify for an offer of insurance coverage under the district’s group health plan.  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. Classified employees who work 30 per week are eligible to participate in Dental, Vision and Flex group insurance plans. Employers should maintain documents regarding eligible employees acceptance and rejection of coverage.

Regular part-time classified employees (i.e., employees who work less than 30 hours per week or 130 hours per month for health benefit purposes or employees who work less than 30 per week for benefits other than health 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.

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

 

 

Legal Reference:  Iowa Code §§ 20.9; 85; 85B; 279.12; 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:  411.1    Classified Employee Defined

Approved                      
Reviewed 10/18/21                              
Revised   10/18/21                

 

The board authorizes the administration to make a payroll deduction for classified employees' tax sheltered annuity premiums purchased from a company or program chosen by the board and collective bargaining units.

Classified employees wishing to have payroll deductions for tax sheltered annuities will make a written request to the superintendent.

 

 

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 §§ 20.9; 260C; 273; 294.16 (2009).
                                       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 09/11/95    
Reviewed 10/18/21     
Revised  03/14/11        

 

Classified employees who wish to resign during the school year shall give the board notice of their intent to resign and final date of employment and cancel their contract two weeks 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) (2009).

Cross Reference:  411.3  Classified Employee Contracts
                                       413    Classified Employee Termination of Employment

Approved 07/10/89    
Reviewed 10/18/21    
Revised 03/13/06 

 

 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. (2006).
                                       Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46 (2009).
                                       1978 Op. Att'y Gen. 247.
                                       1974 Op. Att'y Gen. 11, 322.

Cross Reference:  401.8  Recognition for Service of Employees
                                       412 Classified Employee Compensation and Benefits
                                       413 Classified Employee Termination of Employment

Approved 07/10/89     
Reviewed 10/18/21         
Revised 03/14/11 

 

 Classified employees shall 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 (2009).

Cross Reference:  404  Employee Conduct and Appearance
                                       413  Classified Employee Termination of Employment

Approved 07/10/89    
Reviewed 10/18/21    
Revised 09/11/95  

 

 The board believes classified employees should perform their jobs, respect board policy and obey the law.  A classified employee may be dismissed upon ten days notice or immediately for cause.  Due process procedures shall 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 (2009).

Cross Reference:  404    Employee Conduct and Appearance
                                       413.3  Classified Employee Suspension
                                       413.5  Classified Employee Reduction in Force

Approved 07/10/89    
Reviewed 10/18/21    
Revised  09/11/95  

 

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 shall be given thirty days notice.  Due process will be followed for terminations due to a reduction in force.

It is 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 (2009).

Cross Reference:  407.5  Licensed Employee Reduction in Force
                                       413.3  Classified Employee Suspension
                                       413.4  Classified Employee Dismissal
                                       703    Budget

Approved 07/10/89    
Reviewed  10/18/21    
Revised 09/11/95

 

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

It shall be the responsibility of the superintendent to make a recommendation to the board annually on vacations, holidays, and personal leave for licensed employees.

 

 

Legal Reference:  Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (2009).

Cross Reference:  601.1  School Calendar

Approved 09/11/95  
Reviewed   10/18/21  
Revised  2/14/11            

 

 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

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

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__08/24/2020________            
Reviewed_10/18/21____                               
Revised____________  

 

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 July 1-June 30.  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. 

 

Links:   https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

              WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)

• • WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)
  • WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
  • WH-382 Designation Notice (PDF)
  • WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)

WH-385 Certification for Serious Injury or Illness of Covered Servicemember -- for Military Family Leave (PDF)

 

 

Legal Reference:  29 U.S.C. §§ 2601 et seq.
                                        29 C.F.R. § 825
                                        Iowa Code §§ 20; 85; 216; 279.40.
                                       Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).

Cross Reference:  409.2  Employee Leave of Absence

Approved   11/11/13                              
Reviewed   10/18/21                                                             
Revised    8/24/20               

 

In the event of a death of a member of a classified employee's immediate family, bereavement leave may be granted.  Bereavement leave granted may be for a maximum of 5 days, with "day" being defined as one work day regardless of full-time or part-time status of the employee, per occurrence, for the death of a member of the immediate family.  The immediate family includes child, spouse, parent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or grandparent of the employee.

A maximum of 3 days of bereavement leave per year will be granted for the death of a close friend or other relative not listed above.

It is within the discretion of the superintendent to determine the number of bereavement leave days to be granted.

 

 

Legal Reference:  Iowa Code §§ 20.9; 279.8 (2).

Cross Reference:  414    Classified Employee Vacations and Leaves of Absence

Approved 07/10/89    
Reviewed 10/18/21   
Revised 03/13/06

 

The board will provide a leave of absence to classified employees to run for elective public office.  The superintendent shall grant a classified employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The classified employee will be entitled to one period of leave to run for the elective public office, and the leave may commence any time within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the superintendent at least thirty days prior to the starting date of the requested leave.

 

 

Legal Reference:  Iowa Code ch. 55 (2009).

Cross Reference:  401.9  Employee Political Activity
                                       414    Classified Employee Vacations and Leaves of Absence

Approved 07/10/89    
Reviewed 10/18/21    
Revised 09/11/95 

 

The board will allow classified employees to be excused for jury duty unless extraordinary circumstances exist.  The superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service shall notify the direct supervisor  within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.

Classified employees will receive their regular salary.  Any payment for jury duty shall be turned over to the school district.

 

 

Legal Reference:  Iowa Code §§ 20.9; 607A (2009).

Cross Reference:  414    Classified Employee Vacations and Leaves of Absence

Approved 07/11/89    
Reviewed 10/18/21    
Revised 09/11/95 

 

The board recognizes classified employees may be called to participate in the armed forces, including the national guard.  If a classified employee is called to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.

The leave shall be without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

 

 

Legal Reference:  Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
                                       Iowa Code §§ 20; 29A.28 (2009).

Cross Reference:  414     Classified Employee Vacations and Leaves of Absence

Approved  09/11/95    
Reviewed  10/18/21           
Revised            

 

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies.  Unpaid leave for classified employees must be authorized by the superintendent and can only be used after all other appropriate leaves have been used.  Whenever possible, classified employees will make a written request for unpaid leave ten days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary will be made unless they are waived specifically by the superintendent.

The superintendent will have complete discretion to grant or deny the requested unpaid leave.  In making this determination, the superintendent will consider the effect of the employee's absence on the education program and school district operations, the financial condition of the school district, length of service, previous record of absence, the reason for the requested absence and other factors the superintendent believes are relevant in making this determination.

If unpaid leave is granted, the duration of the leave period will be coordinated with the scheduling of the education program whenever possible, to minimize the disruption of the education program and school district operations.

 

 

Legal Reference:  Iowa Code §§ 20.9; 279.8 (2009).

Cross Reference:  414   Classified Employee Vacations and Leaves of Absence

Approved 07/10/89    
Reviewed 10/18/21    
Revised 03/14/11

 

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 5 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 (2009).
                                       281 I.A.C. 12.7

Cross Reference:  408.1  Licensed Employee Professional Development
                                       411    Classified Employees - General

Approved 09/11/95    
Reviewed 10/18/21    
Revised  3/14/11