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

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

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

Prior to a final offer of employment for any teaching position the school district will perform the background checks required by law. The district may determine on a case-by-case basis that, based on the duties, other positions within the district will also require background checks.  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 Edgewood-Colesburg Community School District is an EEO/AA employer."  The statement will also appear on application forms.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the:

Affirmative Action Coordinator
            Edgewood-Colesburg Community School District
            P.O. Box 315
            Edgewood, Iowa  52042

Or, by telephoning (563)-928-6411 

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. 14^th 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.

In accordance with Title IX of the Education Amendments Act of 1972, the Edgewood-Colesburg Community School District prohibits sex discrimination, including sexual harassment as defined by the regulations implementing Title IX (34 C.F.R. § 106.30), against any individual participating in any education program or activity of the District.  This prohibition on discrimination applies to students, employees, and applicants for employment.  The Board authorizes the Superintendent to adopt procedures for any individual to report sex discrimination or sexual harassment, and for the investigation and resolution of such complaints. 

Any individual with questions about the District’s Title IX policy and procedures, or who would like to make a report or file a formal complaint of sex discrimination or sexual harassment may contact the District’s designated Title Coordinator, Melissa Connor at 403 West Union St., Edgewood, Iowa, by email at mconner@edge-cole.k12.ia.us , or by phone at (563) 928-6411.  A report may also be filed with deputy coordinators:

Karla Trenkamp, ktrenkamp@edge-cole.k12.ia.us , (563) 928-6411 403 West Union St., Edgewood, Iowa.

Trevor Heying, theying@edge-cole.k12.ia.us , (563) 856-2415, 409 East St., Colesburg, Iowa

Retaliation against a person who made a report or complaint of sexual harassment, assisted, or participated in any manner in an investigation or resolution of a sexual harassment report or complaint is strictly prohibited. Retaliation includes threats, coercion, discrimination, intimidation, reprisals, and/or adverse actions related to employment or education.  Any individual who believed they have been retaliated against in violation of this Policy should immediately contact the District’s Title IX Coordinator.

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

 

 

Legal Reference:  29 U.S.C. §§ 621-634.
                                      42 U.S.C. §§ 2000e et seq.
                                      42 U.S.C. §§ 12101 et seq.
                                      Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8.
                                      281 I.A.C. 12.4; 95.

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

Adopted:                      2/15/99
Reviewed:                    12/23/2023
Revised:                       12/23/2023

 

Code No. 401.14

EMPLOYEE EXPRESSION

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

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

Employees who use social media platforms are encouraged to remember that the school community may not be able to separate employees as private citizens, from their role within the district.  Employee expression on social media platforms that interferes with the district’s operations or prevents the district from functioning efficiently and effectively may be subject to discipline up to and including termination.

A district employee who acts to protect a student for engaging in free expression or who refuses to infringe on students engaging in free expression; and who is acting within the scope of their professional ethics will not be retaliated against or face any adverse employment action based on their behavior provided that expression is otherwise permitted by law and board policy. 

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

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

                                    Kennedy v. Bremerton School District, 597 U.S. ___ (2022)

                                    Iowa Code §§ 279.73; .74; 280.22

Cross Reference:           502.3   Student Expression

                                    504.3   Student Publications

 

 

 

 

Approved: 11/21/2022                           

Reviewed:                                             

Revised:

Code No. 401.14

EMPLOYEE EXPRESSION
 

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

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

Employees who use social media platforms are encouraged to remember that the school community may not be able to separate employees as private citizens, from their role within the district.  Employee expression on social media platforms that interferes with the district’s operations or prevents the district from functioning efficiently and effectively may be subject to discipline up to and including termination.

A district employee who acts to protect a student for engaging in free expression or who refuses to infringe on students engaging in free expression; and who is acting within the scope of their professional ethics will not be retaliated against or face any adverse employment action based on their behavior provided that expression is otherwise permitted by law and board policy.  

 

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

 

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

Kennedy v. Bremerton School District, 597 U.S. ___ (2022)

Iowa Code §§ 279.73; .74; 280.22 

 

Cross Reference: 502.3 Student Expression

504.3 Student Publications

 

Approved: 11/21/2022

Reviewed:

Revised:

 

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

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

Employees will not act as an agent or dealer for the sale of textbooks or other school supply companies doing business with the school district.  Employees will 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 will not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school district.

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

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

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

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

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

·    Cease the outside employment or activity; or,

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

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

 

 

Legal Reference:  Iowa Code §§ 20.7; 68B; 279.8; 301.28.

Cross Reference:  203      Board of Directors' Conflict of Interest
                                      402.4   Gifts to Employees
                                      402.7   Employee Outside Employment
                                      404      Employee Conduct and Appearance

Adopted:                      12/21/09
Reviewed:                    4/12/21
Revised:                       2/17/20

 

NEPOSTISM

Code No. 401.3

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

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

Legal Reference:          Iowa Code §§ 20; 71; 277.27; 279.8 (2013).

 

203      Board of Directors' Conflict of Interest

405.02 Licensed Employee Qualifications, Recruitment, Selection

411.02 Classified Employee Qualifications, Recruitment, Selection

 

Adopted: 05/15/2023

Revised:

Reviewed:

EMPLOYEE COMPLAINTS-Code No. 401.4

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

If the complaint cannot be resolved, the employee may discuss the matter with their immediate supervisor.  If the matter cannot be resolved within 10 days of speaking with the immediate supervisor, the employee may discuss it with the principal within 10 days of the supervisor's decision.  If the matter cannot be resolved by the principal, the employee may discuss it with the superintendent within 10 days after speaking with the principal.

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

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

Legal Reference: Iowa Code §§ 20; 279.8

Cross Reference:     210.8    Board Meeting Agenda

Adopted:         07/12/84

Reviewed:       4/12/2021

Revised:           11/15/2021

 

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.  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 file 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 chapters 20; 21; 22; 91B (1999).
                                      Clymer v. City of Cedar Rapids, No. 209/97-1705 (Iowa 1999).
                                      Des Moines Independent Community School District v. Des Moines Register and Tribune Company, 487 N.W. 2d 666 (Iowa 1992).  City of Dubuque v.
                                      Telegraph Herald, Inc., 297 N.W. 2d 523 (Iowa 1980).

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

Adopted:        05/15/00      
Reviewed:      04/12/2021

 

Code No:  401.06

 Limitations to Employment References   

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

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

•           the matter has been officially closed by the law enforcement agency;

•           the individual is acquitted or otherwise exonerated of the alleged misconduct; or

•           more than four years has passed since the case was opened, and no charges or indictment have been filed.

 

Legal Reference:           20 U.S.C. §7926; Iowa Code §256;  281 I.A.C. 12.3(14):281 I.A.C. 12.3; 20 U.S.C. §7926        

 

Cross References:

401.05  Employee Records

402.02  Child Abuse Reporting

402.03  Abuse of Students by School District Employees

405.02  Licensed Employee Qualifications, Recruitment, Selection

411.02  Classified Employee Qualifications, Recruitment, Selection

 

 

Adopted:          05/13/2024

Revised:           08/12/2024

Reviewed:        08/12/2024

Code 401.7

Employee Travel Compensation

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

Travel Outside the School District

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

Reimbursement for actual and necessary expenses may be allowed for travel outside the school district if the employee received pre-approval for the travel.  Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed, itemized 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 is maintained as part of the school district's record of the claim.

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

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

If a school district vehicle is not available, the employee will be reimbursed mileage at $0.45 per mile. Travel to/from home and work is never a reimbursable travel expense.  Travel costs for a spouse or anyone other than the district employee shall be a personal expense not reimbursed by the district.

Travel Within the School District

Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position may be reimbursed at $0.45 per mile. Travel between Edgewood and Colesburg shall be calculated at 12 miles one way. This is based on the most direct route. Should a detour arise, employees will be compensated for additional miles.

It is the responsibility of the superintendent to approve travel within the school district by employees.  It is the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.

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

Use of District-Owned Vehicles

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

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

Legal Reference:           Iowa Constitution, Art. III, § 31; Iowa Code §§ 70A.9-.11.

 

Cross References:

216.03  Board of Directors' Member Compensation and Expenses (I, II)

302.06  Superintendent Professional Development

303.07  Administrator Professional Development

705.02  Credit and Procurement Cards

705.04  Expenditures for a Public Purpose

705.04-R(1)      Expenditures for a Public Purpose - Use of Public Funds Regulation

904.01  Transporting Students in Private Vehicles

 

Adopted:          04/13/87

Revised:           05/13/24

Reviewed:        05/13/24

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

 

 

Legal Reference:  Iowa Constitution, Art. III § 31.
                                      Iowa Code § 279.8 (2007).
                                      1980 Op. Att’y Gen. 102.

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

Adopted:               06/16/2008
Reviewed:             04/12/21
Revised:                03/14/16

 

Employees shall not engage in political activity upon property under 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

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

Adopted:        03/15/99
Reviewed:      04/12/21
Revised:          02/17/20

 

Computers, electronic devices and other technology are a powerful and valuable education and research tools and, as such, are an important part of the instructional program. In addition, the school district depends upon technology 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 Technology director to oversee the use of school district technology resources. The Technology director will prepare in-service programs for the training and development of school district staff in technology skills, appropriate use of district technology and for the incorporation of technology use in subject areas.

The superintendent, working with appropriate staff, shall establish regulations governing the use and security of the school district’s technology resources. The school district will make every reasonable effort to maintain the security of district networks and devices. All users of the school district’s technology 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 technology access privileges.

Usage of the school district’s technology resources is a privilege, not a right, and that use entails responsibility. District-owned technology; and district maintained social media and e-mail accounts are the property of the school district.  Therefore, users of the school district’s network must not expect, nor does the school district guarantee, privacy for e-mail or use of the school district’s 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 network.

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

• 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
                                      281 I.A.C. 13.35, .26.

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

Approved: 02/17/2020                         
Reviewed: 04/12/2021                         
Revised: 04/12/2021

 

 

Code No.  402.2
CHILD ABUSE REPORTING

In compliance with state law and to provide protection to victims of child abuse, the board believes incidents of alleged child abuse should be reported to the proper authorities. All licensed school employees, teachers, coaches and paraeducators and all school employees 18 years of age or older are mandatory reporters as provided by law and are to report alleged incidents of child abuse they become aware of within the scope of their professional duties. 

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

Within six months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse and dependent adult abuse or submit evidence they’ve taken the course within the previous three years.  After July 1, 2019, employees who have previously taken mandatory reporter training will be required to take the two-hour training course before the expiration of their current training certificate.  Once the training course has been taken, the certificate will remain valid for three years.  Employees who have taken the post-July 1, 2019, two-hour training course will take the one-hour follow up training course every three years and prior to the expiration of their certificate.

 

Legal Reference: Iowa Code §§ 232.67-.77; 232A; 235A; 280.17 .

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

 

Cross Reference: 402.3 Abuse of Students by School District Employees

502.9 Interviews of Students by Outside Agencies

507 Student Health and Well-Being

 

Adopted: 07/12/89

Reviewed: 08/15/2023

Revised: 08/15/2023

ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

Code No. 402.3

Physical or sexual abuse of students, including but not limited to sexual or physical relationships, grooming behavior, and otherwise inappropriate relationships with students by employees will not be tolerated.  The definition of employees for the purpose of this policy includes not only those who work for pay but also those who are volunteers of the school district under the direction and control of the school district.  Employees found in violation of this policy will be subject to disciplinary action up to and including discharge.

The school district will respond promptly to allegations of abuse of students by school district employees by investigating or arranging for the investigation of an allegation and timely reporting to all relevant agencies as required by law.  The processing of a complaint or allegation will be handled confidentially to the maximum extent possible.  Employees are required to assist in the investigation when requested to provide information and to maintain the confidentiality of the reporting and investigation process.

The school district has appointed a Level I investigator and alternate Level I investigator.  The school district has also arranged for a trained, experienced professional to serve as the Level II investigator.  The Level I investigator and alternate will be provided training in the conducting of an investigation at the expense of the school district.  The names of the investigators 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; 256.160; 272A; 280.17;

                             709; 728.12 (1) (1997).

                             281 I.A.C. 102; 103.

                             441 I.A.C. 155; 175.

                             1980 Op. Att’y Gen. 275

 

Cross Reference:            104 - Anti-Bullying/Harassment

401.6 - Limitations to Employment References

                             503.5 - Corporal Punishment, Mechanical Restraint & Prone restraint

                             503.6 - Physical Restraint & Seclusion of Students

 

Adopted:           11/20/89

Reviewed:          08/12/24

Revised:             08/12/24

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

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

• Is seeking to be, or is a party to, any one or any combination of sales, purchases, leases or contracts to, from or with the school district;
• Will be directly and substantially affected financially by the performance or nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or
• Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.

A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received. However, "gift" does not include any of the following:

• Contributions to a candidate or a candidate's committee;
• Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;
• Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
• An inheritance;
• Anything available or distributed to the general public free of charge without regard to the official status of the employee;
• Items received from a charitable, professional, educational or business organization to which the employee belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;
• Actual expenses of an employee for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
• Plaques or items of negligible resale value given as recognition for public service;
• Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;
• Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;
• Funeral flowers or memorials to a church or nonprofit organization;
• Gifts other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee
• Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;
• Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
• Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or
• Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions. The costs of food, drink, lodging and travel are not "registration costs" under this paragraph. Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.

An "honorarium" is anything of value that is accepted by, or on behalf of, an employee as consideration for an appearance, speech or article. An honorarium does not include any of the following:

• Actual expenses of an employee for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
• A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or
• A payment made to an employee for services rendered as part of a private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee of the district, but, rather, because of some special expertise or other qualification.

It is the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.

 

Legal References:  Iowa Code ch. 68B (2009).
                                       1972 Op. Att'y Gen. 276.
                                       1970 Op. Att'y Gen. 319.

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

Adopted: 12/21/09
Reviewed: 04/12/21

 

Code No.  402.6

EMPLOYEE OUTSIDE EMPLOYMENT

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

It is the responsibility of the superintendent to counsel employees, whether full-time or part-time, if, in the judgment of the superintendent and the employee's immediate supervisor, the employee's outside employment interferes with the performance of the employee's duties required in the employee's position within the school district.

The board may request the employee to cease the outside employment as a condition of continued employment with the school district.

 

Legal Reference:           Iowa Code §§ 20.7; 279.8: § 20.7, § 279.8                                   

 

Cross References

401.02 Employee Conflict of Interest

408.03 Licensed Employee Tutoring

 

Adopted:           05/13/24

Reviewed:         

Revised:            

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

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

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

It is the responsibility of the board secretary to file worker’s comp claims.

 

 

Legal Reference:  Iowa Code §§ 85; 279.40; 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

Adopted:                      12/21/09
Reviewed:                    05/17/2021

 

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

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

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

It is the responsibility of the board secretary to file worker’s comp claims.

 

 

Legal Reference:  Iowa Code §§ 85; 279.40; 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

Adopted:                      12/21/09
Reviewed:                    05/17/2021

 

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

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

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

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

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

 

 

Legal Reference:
              29 U.S.C. §§ 794, 1910 .
              42 U.S.C. §§ 12101 et seq. .
              45 C.F.R. Pt. 84.3 .
              Iowa Code chs. 139(a); 141(a) .
              641 I.A.C. .1, .2, .7

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

Adopted:                      02/17/20/20
Reviewed:                    05/17/2021
Revised:                      

 

Code No. 403.3E1
Page 1 of 4
HEPATITIS B VACCINE INFORMATION AND RECORD
The Disease
Hepatitis B is a viral infection caused by the Hepatitis B virus (HBV) which causes death in 1-2% of those infected. Most people with HBV recover completely, but approximately 5-10% become chronic carriers of the virus. Most of these people have no symptoms, but can continue to transmit the disease to others. Some may develop chronic active hepatitis and cirrhosis. HBV may be a causative factor in the development of liver cancer. Immunization against HBV can prevent acute hepatitis and its complications.
The Vaccine
The HBV vaccine is produced from yeast cells. It has been extensively tested for safety and effectiveness in large scale clinical trials.
Approximately 90 percent of healthy people who receive two doses of the vaccine and a third dose as a booster achieve high levels of surface antibody (anti-HBs) and protection against the virus. The HBV vaccine is recommended for workers with potential for contact with blood or body fluids. Full immunization requires three doses of the vaccine over a six-month period, although some persons may not develop immunity even after three doses.
There is no evidence that the vaccine has ever caused Hepatitis B. However, persons who have been infected with HBV prior to receiving the vaccine may go on to develop clinical hepatitis in spite of immunization.
Dosage and Administration
The vaccine is given in three intramuscular doses in the deltoid muscle. Two initial doses are given one month apart and the third dose is given six months after the first.
Possible Vaccine Side Effects
The incidence of side effects is very low. No serious side effects have been reported with the vaccine. Ten to 20 percent of persons experience tenderness and redness at the site of injection and low grade fever. Rash, nausea, joint pain, and mild fatigue have also been reported. The possibility exists that other side effects may be identified with more extensive use.
IASB POLICY REFERENCE MANUAL © 2014
Code No. 403.3E1
Page 2 of 4
HEPATITIS B VACCINE INFORMATION AND RECORD
CONSENT FORM OF HEPATITIS B VACCINATION
I have knowledge of Hepatitis B and the Hepatitis B vaccination. I have had an opportunity to ask questions of a qualified nurse or physician and understand the benefits and risks of Hepatitis B vaccination. I understand that I must have three doses of the vaccine to obtain immunity. However, as with all medical treatment, there is no guarantee that I will become immune or that I will not experience side effects from the vaccine. I give my consent to be vaccinated for Hepatitis B.
Signature of Employee (consent for Hepatitis B vaccination)
Date
Signature of Witness
Date
REFUSAL FORM OF HEPATITIS B VACCINATION
I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring the Hepatitis B virus infection. I have been given the opportunity to be vaccinated with Hepatitis B vaccine at no charge to myself. However, I decline the Hepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring Hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with the Hepatitis B vaccine, I can receive the vaccination series at no charge to me.
Signature of Employee (refusal for Hepatitis B vaccination)
Date
Signature of Witness
Date
I refuse because I believe I have (check one)
started the series completed the series
IASB POLICY REFERENCE MANUAL © 2014
Code No. 403.3E1
Page 3 of 4
HEPATITIS B VACCINE INFORMATION AND RECORD
RELEASE FORM FOR HEPATITIS B MEDICAL INFORMATION
I hereby authorize (individual or organization holding Hepatitis B records and
address) to release to the Community School District, my Hepatitis B vaccination
records for required employee records.
I hereby authorize release of my Hepatitis B status to a health care provider, in the event of an exposure incident.
Signature of Employee
Date
Signature of Witness
Date
IASB POLICY REFERENCE MANUAL © 2014
Code No. 403.3E1
Page 4 of 4
HEPATITIS B VACCINE INFORMATION AND RECORD
CONFIDENTIAL RECORD
Employee Name (last, first, middle)
Social Security No.
Job Title:
Hepatitis B Vaccination Date
Lot Number
Site
Administered by
1
2
3
Additional Hepatitis B status information:
Post-exposure incident: (Date, time, circumstances, route under which exposure occurred)
Identification and documentation of source individual:
Source blood testing consent:
Description of employee's duties as related to the exposure incident:
Copy of information provided to health care professional evaluating an employee after an exposure incident:
Attach a copy of all results of examinations, medical testing, follow-up procedures, and health care professional's written opinion.
Training Record: (date, time, instructor, location of training summary)

 

Code No. 403.4

HAZARDOUS CHEMICAL DISCLOSURE

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

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

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

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

 

Legal Reference:          29 C.F.R. Pt. 1910; 1200 et seq. .

            Iowa Code chs. 88; 89B .

Cross Reference:         

            804.4   Asbestos Containing Material

 

Adopted:         07/17/1989

Reviewed:       05/15/2023

Revised:          02/17/2020

The board expects the school district and its employees to remain substance free.  No employee will unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of, in the workplace, any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, 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 vehicle, 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 will notify the employee's supervisor of the conviction within five days of the conviction.

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

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

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

 

NOTE:  This is a federally mandated policy and is in compliance with federal law.  There is an option in the third paragraph that allows the board to require the employee to complete a treatment program.  This option is not a federal requirement but may be added by the board.  If this sentence is left in the policy, corresponding changes need to be made in the accompanying regulation and exhibits.

 

 

Legal Reference:  41 U.S.C. §§ 701-707 (2006).
                                      42 U.S.C. §§ 12101 et seq. (2006).
                                      34 C.F.R. Pt. 85 (2006).
                                      Iowa Code §§ 123.46; 124; 279.8 (2009).

Cross Reference:  404      Employee Conduct and Appearance

Adopted:                      12/21/09
Reviewed:                    05/17/21

 

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

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

Employees who violate the terms of this policy are subject to discipline, up to and, including termination.  The district is required to keep a record of all drug or alcohol violations by employees for a minimum of five years.  Employees are put on notice that information related to drug or 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

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

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

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

IASB Drug and Alcohol Testing Program (IDATP) Web site:  http://www.ia-sb.org/MemberBenefits.aspx?id=304

 

 

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.
42 U.S.C. §§ 12101
41 U.S.C. §§ 701-707
49 C.F.R. Pt. 40; 382; 391.81-123
34 C.F.R. Pt. 85
Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington, PERB  No. 3876 (3-26-91).
Iowa Code §§ 124; 279.8; 321.375(2); 730.5.

Cross Reference:  403.5   Substance-Free Workplace
                                      409.2   Licensed Employee Personal Illness Leave
                                      414.2   Classified Employee Personal Illness Leave       

Adopted:       07/23/12
Reviewed:     05/17/2021
Revised:        02/17/2020

 

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 section 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping;

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

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

●       Lascivious acts with a child;

●       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 section 726.2;

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

5.      Telephone dissemination of obscene material to minors as prohibited by Iowa Code section 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 section 702.17.

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

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

 

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

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

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

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

(5)     Furnishing alcohol or illegal or unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal or unauthorized drugs in the presence of the licensee; 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, sexual orientation, gender identity, disability, marital status, or national origin.

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

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

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

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

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

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

l.       Delegating tasks to unqualified personnel.

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

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

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

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

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

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

 

25.3(7)  Standard VII—compliance with state law governing 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.

 

 

Adopted:   07/23/2012

Reviewed: 05/17/2021

 

chapter 26
 

282—26.1 (272)  Purpose. The code of professional conduct and ethics in 282—Chapter 25 defines unprofessional and unethical conduct justifying disciplinary sanction. The board acknowledges that the discharge of professional obligations should occur in recognition of certain fundamental rights and responsibilities. Accordingly, the board recognizes the following rights and responsibilities of all educators licensed under Iowa Code chapter 272 and agrees that the exercise of these rights and responsibilities may present mitigating facts and circumstances in the board’s evaluation of allegations of unprofessional or unethical conduct.

 

282—26.2 (272) Rights. Educators licensed under Iowa Code chapter 272 have the following rights:

1.       The educator has a right to be licensed and endorsed under professional standards established and enforced by the board.

2.      The educator has a right to refuse assignments for which the educator is not legally authorized, in terms of holding a valid Iowa license with the appropriate endorsement(s) or approval(s).

3.      The educator has a right, subject to board and administrator authority, to exercise professional judgment in the evaluation, selection, and use of teaching methods and instructional materials appropriate to the needs, abilities, and background of each student.

 

282—26.3 (272) Responsibilities. Educators licensed under Iowa Code chapter 272 have the following responsibilities:

1.      The educator has a responsibility to maintain and improve the educator’s professional competence.

2.      The educator has a responsibility to accept only those assignments for which the educator is legally authorized.

3.      The educator has a responsibility to provide conditions that are conducive to teaching and student learning.

4.      The educator shall protect students from conditions harmful to learning or to health or safety.

5.      The educator shall not, without just cause, restrain a student from independent action in the pursuit of learning and shall not, without just cause, deny a student access to varying points of view.

6.      The educator shall not use professional relationships with students for personal advantage.

7.      The educator shall not discriminate against any student on the grounds of race, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.

8.      The educator shall accord just and equitable treatment to all members of the profession.

9.      The educator shall keep in confidence personally identifiable information regarding a student or the student’s family members that has been obtained in the course of professional service, unless disclosure is required by law or is necessary for the personal safety of the student or others.

10.    The educator who has reasonable basis to believe that a student has been abused, as defined by law, shall make all reports required by law and the Iowa Administrative Code and which are necessary to ensure the safety and well-being of the student.

11.    In the administration of discipline, the educator shall treat all students with respect and in compliance with all policies of the school district served by the educator.

12.    The educator shall provide accurate, truthful, and complete information to the board and to the local education system concerning all licensure transactions.

13.    The educator shall not refuse to participate in a professional inquiry, when requested by the board.

14.    The educator shall not require or direct another educator to violate any provisions of the code of professional conduct and ethics or any rights of a student, parent, educator or citizen.

15.    The educator shall not delegate assigned tasks to unqualified personnel.

 

 

Adopted:   07/23/2012 
Reviewed: 05/17/2021

 

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 shall be 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 approve by the board.

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

The terms certified employee, certified teacher, certificated employee or certificated teacher shall have the same meaning as licensed employee where they appear in the Board Policy Manual.

 

 

Legal Reference:  Clay v. Independent School District of Cedar Falls,
                                      187 Iowa 89, 174 N.W. 47 (1919)
                                      Iowa Code§§ 356.7(3); 272.6; 272A; 279.8; 294.1 (1997)
                                      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, Requirement Selection
                                      410.1  Substitute Teachers
                                      411.1  Classified Employee Defined

Adopted:        07/12/84
Reviewed:      05/17/21

 

Code No.  405.2

 

LICENSED EMPLOYEE QUALIFICATIONS, RECRUITMENT, SELECTION

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

∙    Training, experience, and skill;

∙    Nature of the occupation;

      ∙     Demonstrated competence; and

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

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

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

 

 

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

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

                  Iowa Code §§ 20; 35C; 84A.6(4)(b); 216; 279.13.

                  281 I.A.C. 12.

                  282 I.A.C. 14.

 

Cross Reference:   401.1                  Equal Employment Opportunity

                  405     Licensed Employees - General

                  410.1  Substitute Teachers

 

Adopted:           07/12/1984      

Reviewed:        05/13/2024      

Revised:           05/13/2024

 

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 is the responsibility of the superintendent to complete the contracts for licensed employees and present them to the board for approval.  The contracts, after being signed by the board president, are returned to the superintendent.  The superintendent will obtain the employee's signature.  After being signed, the contract is 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 (2007).

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

Adopted:          07/12/1984
Revised:           11/19/2007
Reviewed:        05/17/2021

 

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 three years of a new licensed employee's contract is a probationary period unless the employee has already successfully completed the three-year 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.  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 (2011).

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

Adopted:               07/12/1984
Revised:                11/19/2007
Reviewed:             05/17/2021

 

The workday 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 workday as other licensed employees.  “Day” is defined as one day regardless of full-time or part-time status of an employee.

Licensed employees are to be in their assigned school building during the workday. Advanced approval to be absent from the school building must be obtained from the principal whenever the licensed employee leaves the school building during the established workday.

The building principal may recommend changes in the workday and is authorized to make changes within the established workday in order to facilitate the education program.  These changes shall be reported to the superintendent.

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

Requirements stated in the master contract or master agreement between licensed employees in a duly recognized bargaining unit and the Board regarding the workday of such employees shall be followed.

 

 

Legal Reference:  Code of Iowa 20; 279.8 (1997)

Adopted:         07/12/84
Reviewed:      05/17/21

 

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

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

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 (2007).

Cross Reference:  200.3   Responsibilities of the Board of Directors

Adopted:               07/12/1984
Revised:                11/19/2007
Reviewed:             05/17/2021

 

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

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

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

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 (2007).

Cross Reference:  405.2   Licensed Employee Qualifications, Recruitment, Selection

Adopted:                     11/19/2007
Reviewed:                   05/17/2021

 

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

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

Licensed employees will be required to:

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

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

 

 

Legal Reference:  Iowa Code §§ 20.9; 279; 284; 294
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).
281 I.A.C. 83; 12.3.

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

Adopted:         07/12/84
Reviewed:       05/17/21
Revised:          8/19/2019

 

The first three years of a new licensed employee's contract is a probationary period unless the employee has already successfully completed the probationary period in an Iowa school district.  New employees who have successfully completed a probationary period in a previous Iowa school district will serve a 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 the consent of the licensed employee.  The board will make the decision to extend or waive a licensed employee's probationary status based upon the superintendent's recommendation.  During this probationary period the board may terminate the licensed employee's contract at 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 (2007).

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

Adopted:         11/19/2007
Reviewed:       05/17/2021

​​​​​​​

For the various professional positions, the Board of Directors shall establish salary schedules and guides that will, in the opinion of the Board, (1) attract to this school district the best candidates available; (2) give stability to the professional staff; (3) stimulate employees’ professional growth while they are in the district’s service; and (4) reflect the wishes of the citizens of the school district.

Salary schedules and guides shall be subject to annual review and modification by the Board or through the collective bargaining process, where one exists.  Salary schedules and guides for employees or groups not covered by a collective agreement will be reviewed, and amended, at the discretion of the Board (usually once a year).

 

 

Legal Reference:  Code of Iowa 201.1, .4, .7, .9; 279.8 (1997)

Cross Reference:  706.1 Payroll Periods
                                      706.2 Payroll Deductions

Adopted:        07/12/84
Reviewed:      06/21/2021

 

Code No. 406.3

LICENSED EMPLOYEE CONTINUED EDUCATION CREDIT

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

Licensed employees who wish to obtain additional education for advancement must notify the superintendent on or before the 20th day after the beginning of the school year. The superintendent has the discretion to approve credit outside the employee's area of endorsement or responsibility.

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

 

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

 

Adopted:           05/13/24

Reviewed:         

Revised:

The Board of Directors and the Certified bargaining organization will establish a supplementary salary schedule and guide for specific extra duty assignments.

Where no bargaining unit exists, the supplemental salary schedule will be established by the Board, after consultation and deliberation with members of the teaching staff and administrators.

 

 

Legal Reference:  Code of Iowa - Sections 20.1; 20.9

Adopted:         07/12/84
Reviewed:      06/21/2021

 

It is the policy of the Board that appropriate fringe benefits, such as allowances for various forms of insurance, be included in compensation provisions for licensed staff, and that retirement benefits, social security, unemployment benefits, and annuity programs be provided as authorized by law.

Licensed employees will receive fringe benefits in accordance with the employee handbook.

Licensed employees who work at least half-time for the Board (that is, not less than twenty (20) hours per week) are entitled to proportionate fringe benefits in accordance with the terms of the negotiated contract.  Employees who work less that half-time (less than twenty (20) hours per week) for the Board are not entitled to fringe benefits.

Administrators and full-time regular licensed employees not included in the recognized bargaining unit will receive benefits in accordance with their individual contracts with the Board, on the basis of fringe benefits packages reviewed annually by the Board.

The business office of the school district will administer such retirement plans, health and accident insurance, savings, and annuity programs as the Board may authorize and the law may prescribe.

Workers’ Compensation

District employees are covered under the Workers’ Compensation Act, and are entitled to its benefits under the terms of the law.  Premiums for participation in the Workers’ Compensation Insurance Plan are paid entirely by the District.

Tax-Sheltered Annuities

Pursuant to the provisions of the Iowa law, it is the policy of the Board to honor the written request of an employee of the District - when such request is properly executed by the employee and filed with the Board secretary - to purchase an individual annuity contract for that employee.  The Board secretary is authorized to administer such contracts in accordance with law and the terms of the contracts.

Group Insurance

Members of a duly recognized bargaining unit will be entitled to participate in a package of insurance benefits as detailed in the board policy, in accordance with the provisions of the existing insurance policy.

Part-time employees who work at least twenty (20) hours per week will be entitled to participate proportionately.*

Group insurance for administrators and licensed employees not covered by the master contract will be as described in these employees’ individual contracts with the Board

• Note:  HF 789, of 7/1/81, clarifies the extent to which part-time employees of the school district are entitled to unemployment benefits.

Unemployment Insurance

Under federal and state law, public school districts in Iowa are liable for unemployment benefits paid to former employees.  The Board, upon recommendation by the superintendent, will select a method for financing the unemployment liability; maintain such records as may be required; and communicate such information to state agencies as the law may require.

 

 

Legal Reference:  Code of Iowa, P.L. 94-566, U.S. Congress; Iowa Code Chapters 96.3, as amended (unemployment insurance) 20.1; 20.9, 85.2, 85.33; 85.34; 85.61; 279.12; 294.8 et seq.; 294.16; 609A; HF 789, 7/1/81.

Cross Reference:  Payroll Deductions

Adopted:        07/12/84
Reviewed:      06/21/21
Revised:          09/16/19

 

Premiums for payment of annuities may be deducted from the salaries of licensed personnel, provided that the employee’s written authorization for such deductions shall be on file with the secretary of the Board.

 

 

Legal Reference:  Code of Iowa - 20.9; 294.16
                                       Atty. General Rulings:  1966 O.A.G. 211; 1966 O.A.G. 221; 1976 O.A.G  462; 1976 O.A.G. 602

Adopted:        07/12/84
Reviewed:      06/21/2021

 

Resignations shall be written or typed, signed by the resigning party and directed to the superintendent of schools and referred to him/her to the Board of Directors with recommendations, as provided by statute.

The Board recognizes that there are some emergency circumstances which force an employee to request a release from a contract before the expiration date of the contract; therefore personnel will be released from their contracts at such time that a suitable replacement is secured.

An employee who requests release from a contract before the expiration date of the contract for reasons of other types of employment or for employment in another school district shall be released under the following conditions only:

            A]        Between June1st and June 30th

                        1.  Will not be released until a suitable replacement is secured.

                        2.  Must provide a certified/cashiers check of $400 to the Ed-Co School District to defray costs of securing a replacement.

            B]        Between July 1st and July 15th

                        1.  Will not be released until a suitable replacement is secured.

                        2.  Must provide a certified/cashiers check of $500 to the Ed-Co School District to defray costs of securing a replacement.

            C]        Between July 16th and August 1st

                        1.  Will not be released until a suitable replacement is secured.

                        2.  Must provide a certified/cashiers check of $600 to the Ed-CoSchool District to defray costs of securing a replacement.

            D]        After August 1st

                        1.  Will not be released until a suitable replacement is secured.

                        2.  Must provide a certified/cashiers check of $750 to the Ed-Co School District to defray costs of securing a replacement.

            Certain circumstances may exist whereby the Board would have the prerogative to waive A, B, C, or D.

In the event a staff personnel member terminates employment without proper release, the superintendent of school is directed to advise the Department of Education for appropriated action by the Department.

 

 

Legal Reference:  Code of Iowa Chapter 279.13

Adopted:        10/13/86
Reviewed:      06/21/2021

 

LICENSED EMPLOYEE CONTRACT RELEASE

Code No. 407.2

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

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

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

Legal Reference:           Iowa Code §§ 91A (1); 216; 272; 279.13, .19A, .46.

 

Cross Reference:           405.3  Licensed Employee Individual Contracts

                                    405.4  Licensed Employee Continuing Contracts

                                    407.3  Licensed Employee Retirement

Adopted:         06/26/2023

Reviewed:      

Revised:         

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 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 stating intent to retire must be witnessed by another party other than the principal or superintendent. Applications for retirement made at a different time than stated in the preceding paragraph may be considered by the Board of Directors if special circumstances exist.  It shall be within the discretion of the Board to determine whether or not special circumstances exist. 

Board action to approve a licensed employee’s application for retirement shall be final and such action constitutes termination 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 who meet the age and service requirements who file a letter of intent to retire prior to any stated deadline may qualify for early retirement incentive benefits, if the Board has authorized such early retirement benefits.

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
                                      581 I.A.C. 21

Cross Reference:  407.6  Certified Personnel - Early Retirement

Adopted:        07/12/84
Reviewed:      06/21/2021
Revised:          02/17/2020

 

Every employee shall perform his/her assigned job to the best of his/her ability, respect and follow Board policy and terms of condition of the master agreement with any applicable duly recognized bargaining unit, and respect and obey the law.

The Board of Directors may, by majority vote, discharge any employee for just cause.

The superintendent is authorized to suspend a licensed employee pending Board action on a dismissal, which may be immediately for cause, for investigation of charges against the employee, and for disciplinary purposes.  Applicable federal and Iowa laws to insure due process will be adhered to if an employee is suspended pending Board action for possible employment termination.

It shall be within the discretion of the superintendent to determine whether a suspension of a licensed employee will be with or without pay.  In the event of a suspension, due process will be followed.

 

 

Legal Reference:  Northeast Community Education Association vs. Northeast Community School District, 402 N.W. 2d 765 (Iowa 1967).
                                      McFarland vs. 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 (1997)

Adopted:        07/12/84
Reviewed:      06/21/2021

 

The Board of Directors has exclusive authority for determining the appropriate number of licensed employees.  A reduction in number of licensed employees may occur as result of changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, or other reasons deemed relevant by the Board.

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

It shall be the responsibility of the superintendent to make recommendations for termination to the Board.  The process for reduction in force shall be as follows:

1. DEFINITION:

When one or more teachers are to be terminated because of change in the size or nature of student population, unavoidable budgetary limitations, or other factors seriously affecting the over-all operation of the school system, those teachers in the professional categories affected and with least continuous seniority in the Edgewood-Colesburg School District shall be terminated by the following order of procedures:

1. 1. Attrition (normal turnover due to retirement, resignation, transfer, etc.)
2. 2. The seniority principle shall apply system-wide, unless needed to maintain an existing program. The seniority principle shall be defined as the total number of years of teaching experience in the Edgewood-Colesburg school at the level or curriculum area where the reduction is needed.  When involuntary transfers occur, the administration will use the seniority principle in new assignments. The seniority principle shall apply as follows:
3. 1. 1. In grades PreK-6, remedial position included, the basic seniority principle (total years of teaching experience within that range of grades) shall apply.
4. 1. 2. In grades 7-12, the basic seniority principle shall apply within a curriculum area. The curriculum areas are defined as Science, Language Arts, Social Studies, Mathematics, Business, Music, Art, Guidance, World Languages, Driver’s Education and Media. If a curriculum area is eliminated, the teachers within that area should then have an opportunity to enter another curriculum area from which they are certified with selection again being based upon total years of teaching experience within that area.
5. 1. 3. For persons in the areas of Music, Art, Physical Education, Special Education, Gifted and Talented, and Industrial Arts, who are certified for grades PreK-12, the basic seniority principle shall apply for the entire range of grades when transfer is attempted within these areas.
6. 1. 4. For persons certified for grades PreK-12, excluding the areas mentioned in point “c”, the transfer from a secondary to elementary level, or vice versa, will be based upon the actual years of teaching experience within the area of attempted transfer, with the basic seniority principle again applying.

Extra duty assignments shall not be given preference above seniority rights.

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

 

 

Legal Reference:  Iowa Code 20

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

Adopted:         07/12/84
Reviewed:      06/21/2021
Revised:          08/19/2019

 

The Edgewood-Colesburg Board of Education may provide an early separation incentive to licensed employees who apply for voluntary early retirement and meet the eligibility and application requirements of this policy.   The final decision on the acceptance of the early retirement application rests solely with the Edgewood-Colesburg Board of Education.

A. Eligibility Requirements

            To be eligible for early retirement benefits the employee must meet the following criteria:

            1.         Possesses an employment contract with the Edgewood-Colesburg Schools.

2.         Has reached age fifty-five (55) or will attain age fifty-five (55) before July 1^st  of calendar year in which he/she is requesting voluntary early retirement.

3.         Has completed at least fifteen (15) years of contracted service in the Edgewood-Colesburg School District.

4.         Certified employee must be at least half-time to qualify.  Then retirement benefit will be commensurate with their F.T.E. at time of retirement.

            5.         Employees subject to discharge for cause are not eligible.

6.         An employee who is disabled and/or participating in the school district's long term disability coverage or an approved leave of absence at the time of application for early retirement shall not be eligible for benefits under this policy.

B. Application Requirements

1.         Employees wishing to apply for voluntary early retirement must submit the attached application to the superintendent with a letter of resignation on or before February 1^st for retirement at the end of the current school year.

2.         Approval of the application for Voluntary Early Retirement constitutes termination of his/her contract. Non-approval of an early retirement application will void letter of resignation that was submitted to comply with this policy.

3.         Notification of approval or disapproval of the application will be made no later than the following of the next Board meeting after the application deadline.

C. Benefits

1.   The Edgewood-Colesburg Board of Directors will determine whether or not to offer an early separation incentive, and if they elect to offer an incentive they will determine the level of benefits at that time.

D. Closure

If an employee dies before or after applying for early retirement benefits, the employee or his/her estate shall not be entitled to any further benefits under the terms of this policy as of the date of the employee's death.

E. Review

The Edgewood-Colesburg Board of Education will review this policy by the December Board meeting to determine offering the early retirement plan for the current fiscal year.  For this policy to be in effect the Board must vote to offer the early retirement plan.  Benefits allowed individuals from a previously approved early retirement application shall continue in effect if the policy is discontinued or modified.

 

 

Adopted: 03/21/1994
Revised:   07/15/1996
Revised:   01/18/1999
Revised:  02/25/2002
Revised:  11/15/2004
Revised:  08/21/2006
Revised:  11/17/2008
Revised:  12/21/2009
Reviewed: 06/21/2021

 

Code No. 408.1

LICENSED EMPLOYEE PROFESSIONAL DEVELOPMENT

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

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

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

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

 

Legal Reference: Iowa Code § 279.8; .74.

281 I.A.C. 12.7; 83.6

 

Cross Reference: 414 Classified Employee Professional Purposes Leave
 

Adopted: 07/17/89

Reviewed: 08/15/2023

Revised: 08/15/2023

Every effort will be made by licensed employees to help student with learning problems before recommending that the parents engage a tutor.

Licensed personnel shall not render tutorial services for pay to students enrolled in classes of the school district during the school year.  No licensed professional staff members or members of the community, shall use any facilities, equipment, or materials of the school district for tutoring pupils or for other purposes that are not part of the regular program of the school district.

 

 

Legal Reference:  Iowa Code 20.7; 279.8 (1997)

Adopted:        07/12/84
Reviewed:      06/21/2021

 

VACATIONS & HOLIDAYS

Code No. 409.1

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

Full-time regular non-certified employees are entitled to two week’s vacation with pay each year for the first through tenth year of full-time employment, three week’s vacation for the eleventh through twentieth year of employment and four weeks for every year of employment after the twentieth year.

The Superintendent of Schools shall establish a vacation schedule for all non-certified employees of the district.

Vacation time may not accrue from one year to the next and except in cases of emergency, employees may not be employed for extra wages during vacation periods.  Vacation time for the previous year must be used by the end of the day December 31st.

The vacation may be taken during the school year provided the vacation will not disrupt the operation of the school district.  The employee must submit a vacation request to the superintendent, who will determine whether the request will disrupt the operation of the school district.  In the case of the superintendent's request, the board will make the determination.

Classified personnel may be granted the following paid holidays.  Employee employment period must include the work day preceding the work day following this paid holiday to be eligible.  Less than full-time personnel shall receive a proportional amount for paid holidays.

12 month Contract (32 1/2 to 40 + hours per week or 6 1/2 to 8 hour days) receive the following eight (8) paid holidays:                                    New Year’s                  Labor Day

                        Good Friday                 Thanksgiving

                        Memorial Day              Christmas (2days)

                        July 4th

9 1/2 to 11 month Contract (32 1/2 to 40 hours per week or 6/12 to 8 hour days) receive the following six (6) or (7*) paid holidays:   New Year’s

                        Good Friday

*Memorial Day (Memorial Day is a holiday when school is in session beyond Memorial Day)

                        Labor Day

                        Thanksgiving

                        Christmas (2 days)

9 month Contract (25 to 30 hours per week or 5 to 6 hour days) receive the following five (5) paid holidays:                                             New Year’s

                        Good Friday

                        Labor Day

                        Thanksgiving

                        Christmas (1 day)

9 month Contract (less than 25 hours per week) receive the following three (3) paid holidays:                                                                   New Year’s

                        Thanksgiving

                        Christmas (1 day)

Employees who work during the school academic year, whether full-time or part-time, will have time off in concert with the school calendar. 

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

 

Legal Reference:          Iowa Code §§ 1C; 4.1(34); 20

Cross Reference:       601.1 - School Calendar

Adopted:        07/12/1998

Revised:          10/09/2023

Reviewed:      10/09/2023

 

 

EMPLOYEE LEAVE OF ABSENCE

Code No. 409.2

 

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

• Professional Leave - Leave to attend educational meetings or visit other schools

• Association Leave - Leave to attend conferences of the ISEA, NEA or JDC

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

• Professional Leave - Leave to attend educational meetings or visit other schools

The provisions of each leave offering will be detailed in the Master Contract and/or 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.

 

Approved: 11/16/2020          

Reviewed: 2/13/2024

Revised: 2/13/2024

 

Code No.  409.3

EMPLOYEE FAMILY AND MEDICAL LEAVE
 

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, the year is defined as July 1 through 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)

 

Adopted: 12/21/09

Reviewed:  02/13/24

Revised: 02/13/24

 

      

 

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

QUALIFICATIONS

Personnel serving on a substitute or temporary basis in the School District shall be licensed for the positions which they are to fill.  Every effort shall be made to fill temporary positions with substitutes who have preparation equal to that of the regular contract personnel.  In the event such persons are not available, the employment of personnel who are properly licensed must have current up-dated certificates registered and on file in the Superintendent’s office.

The Board recognizes the need for substitute teachers.  Substitute teachers shall be licensed to teach in Iowa.

It shall be the responsibility of the building principal to maintain a list of substitute teachers who may be called upon to replace regular contract licensed employees.  It shall be the responsibility of the building principal to fill absences immediately with the most qualified substitute teachers available for the absence.

 

REIMBURSEMENT

Properly certificated substitutes shall be paid on a daily rate for their teaching services.  Such rate shall be set by the Board of Directors.

 

           

Legal Reference:  Iowa Association of School Boards vs. PERB, 400 N.W. 2d 571 (Iowa 1987)
                                      Iowa Code 20.1, 4.(5), .9 (1997).
                                      281 I.A.C. 12.4

Adopted:        07/12/84
Reviewed:      07/19/2021
Revised:          07/19/2021

 

SUMMER SCHOOL LICENSED EMPLOYEES

Code No. 410.2

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

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

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

Legal Reference:

Iowa Code §§ 279.8; 280.14.

Cross References:        505.02  Student Promotion - Retention - Acceleration

603.02  Summer School Instruction

 

Adopted:  06/26/23

Reviewed:       

Revised:            

Classified Employee Wage and Overtime Compensation

Policy 412.02:

Each non-exempt employee compensated on an hour-by-hour basis, whether full-or part-time, permanent or temporary, will be paid no less than the prevailing minimum wage.  

Whenever a non-exempt employee must work more than forty hours in a given work week, the employee is compensated at one and one-half times their regular hourly wage rate.  This compensation is in the form of overtime pay or compensatory time.  Overtime will not be permitted without prior authorization of the superintendent.

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

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

 

Legal Reference:          Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985). 29 U.S.C. §§ 2601 et seq. 29 C.F.R. Pt. 511

 

Cross Reference:         411.03                Classified Employee Contracts

412.01                Classified Employee Compensation

 

Adopted:          07/18/2023

Reviewed:

Revised:           

 

Code No. 412.1

CLASSIFIED EMPLOYEE COMPENSATION

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

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

 

Legal Reference:             Iowa Code §§ 20.1, .4, .7, .9; 279.8: § 20;  § 279.8             

 

Cross References:           411.03 Classified Employee Contracts

412.02 Classified Employee Wage and Overtime Compensation

 

Adopted:           07/12/84

Reviewed:          05/13/24

Revised:             05/13/24

CLASSIFIED EMPLOYEE GROUP BENEFITS

Code No. 412.3

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 20 hours per week are eligible to participate in long term disability 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 20 hours 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

Adopted:        07/12/84

Reviewed:      12/19/2022

Revised:          12/19/2022

Resignations shall be in writing, signed by the resigning party, and directed to the Superintendent of Schools.

The Board recognizes that circumstances may force an employee to request a release from a contract before the contract expires; therefore an employee will be released from his/her contract after providing notice of intent to resign in writing not less than two (2) weeks before the effective date of the resignation.

The two (2) week notification requirement may be waived by the superintendent if extraordinary circumstances exist.  It shall be solely within the discretion of the superintendent to determine whether or not extraordinary circumstance exists.

 

 

Legal Reference:  Iowa Code 91A.2, .3, .5; 279.19A; 285.5(9) (1997)

Adopted:        07/12/84
Reviewed:      07/19/21
Revised:          12/21/09

 

Code No. 413.3

CLASSIFIED EMPLOYEE SUSPENSION

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

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

 

 

Legal Reference:             Northeast Community Education Association v. Northeast Community School

                                                         District, 402 N.W.2d 765, 769 (Iowa 1987).

McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d

                                                          901 (Iowa 1979).

McFarland v. Bd, of Ed. Norwalk CSD 277 N.W.2d 901 (Iowa 1979)

Northeast Ed Assoc. v. Northeast CSD 402 N.W.2d 765, 769 (Iowa 1987)

Iowa Code §§ 20.7, .24.;  § 20.24;  § 20.7            

 

Cross References:           404       Employee Conduct and Appearance

404-R(1)Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation

404-R(2)Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation

413.04 Classified Employee Dismissal

413.05 Classified Employee Reduction in Force

 

Adopted:           07/12/84

Reviewed:          05/13/24

Revised:             05/13/24

Every employee shall perform his/her assigned job to the best of his/her ability, respect and follow Board policy and terms of condition of the master agreement with any applicable duly recognized bargaining unit, and respect and obey the law.

It shall be the responsibility of the superintendent to make a recommendation for dismissal to the Board.  An 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.

The Board of Directors may, by majority vote, discharge any employee for just cause.

The superintendent is authorized to suspend a support personnel employee pending Board action on a dismissal, which may be immediately for cause, for investigation of charges against the employee, and for disciplinary purposes.  Applicable federal and Iowa laws to insure due process will be adhered to if an employee is suspended pending Board action for possible employment termination.

 

 

Legal Reference:  Northeast Community Education Association vs. Northeast Community School District, 402 N.W. 2d 765 (Iowa 1987).
                                      McFarland vs. Board of Education of Norwalk Community School District, 277 N.W 2d 901 (Iowa 1979).
                                      Iowa Code 20.7, .24 (1997).

Cross Reference:  411.3 Contracts for Classified Personnel

Adopted:         07/12/84
Reviewed:      07/19/21

 

Code No. 413.5

Classified Employee Reduction in Force

It is the exclusive power of the board to determine when a reduction in classified employees is necessary. Employees who are terminated due to a reduction in force will be given thirty 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; § 20.24; § 20.7 

 

Cross References:

407.05 Licensed Employee Reduction in Force

413.03 Classified Employee Suspension

413.04 Classified Employee Dismissal

 

 

Adopted:           07/12/84

Reviewed:          05/13/24

Revised:             05/13/24

Classified employees are employees who are not administrators or employees in positions which require a teaching license issued by the Iowa Board of Educational Examiners and who are employed to fulfill the duties listed on their job description on a monthly or hourly basis.  Classified employees shall 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.  All job descriptions shall be approved by the Board of Directors. 

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

 

 

Legal Reference:  Iowa Code §§ 20; 279.8

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

Adopted:        07/12/89
Reviewed:      07/19/2021
Revised:          08/19/2019

 

Recruitment and selection of support personnel shall be the responsibility of the administration.  Announcement of a vacancy for a position shall be through means which the superintendent determines will inform potential applicants about the position.  The superintendent of schools shall have the authority to delegate recruitment and selection responsibilities to staff members.  Whenever possible, the preliminary screening of candidates shall be conducted by the director or supervisor who will be directly in charge of the person being hired.

Selection shall be based upon the merits of candidates, without regard to age, race, creed, color, sex, national origin, religion, sexual orientation, gender identity, or disability.  Instead, selection shall be based upon:

                        1.  Training, experience, and skill.

                        2.  Demonstrated competence and/or suitability for the position.

                        3.  Nature of the occupation.

4.  The possession of, or the ability to obtain, a state license, if one is required for the position.

Names of, and salaries to be paid to persons selected shall be presented to the Board at its next meeting, for action.

 

 

Legal Reference:  29 U.S.C. 621-634 (1988).
                                      42 U.S.C. 2000 et seq. (1988)
                                      42 U.S.C. 12101 et seq. Supp. 1990)
                                      Iowa Code 35C; 216; 279.8; 294.1 (1997)

Cross Reference:  401.1 Equal Employment Opportunity
                                      411 Support Personnel

Adopted:        07/12/84
Reviewed:      07/19/2021
Revised:          12/21/09

 

The Master Agreement will serve as a contract with the Edgewood-Colesburg Community School District for classified employees subject to a collective bargaining agreement.

Contracts with classified employees not subject to a collective bargaining agreement who are employed on a regular basis will be in writing, and will state the length of time the contract is in force, the total compensation or rate of pay for the contract period, and the schedule for periodic payments.

Contracts will be issued for substitute employees who are required to hold a license or certificate for the position in which they will be working, or for positions where the employee must pass a pre-employment drug and/or alcohol test.

Each contract shall include a fourteen (14) - day cancellation clause.  Either the employee or the Board must give notice of intent to cancel the contract at the end of fourteen (14) days.  This notice will not be required when the employee is terminated during a probationary period or for just cause.  The fourteen-day notice requirement by an employee may be waived by the superintendent if extraordinary circumstances exist.  The superintendent shall have sole discretion to determine whether or not extraordinary circumstances do exist.

 

 

Legal Reference:  Iowa Code §§ 20; 279.7A; 285.5 (9) (1997)

Cross Reference:  411 - Classified Employees - General
                                      412.1 - Classified Employee Compensation
                                      413 - Classified Employee Termination of Employment

Adopted:         07/12/84
Reviewed:      07/19/2021

 

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

 

 

Legal Reference:  Iowa Code §§ 285.5(9); 272; 279.8.
                                      281  I.A.C 12.4(10); 36

Cross Reference:  411.2 - Classified Employee Qualifications, Recruitment, Selection

Adopted:         08/19/2019
Reviewed:      07/19/2021
Revised:         

 

Assignment of support staff shall be based upon the qualifications of the employee and the philosophy and needs of the school district.

Changes in assignment may be made at the initiative of the superintendent or other supervisory staff members, or at the request of the employee.  All changes in assignment shall be made with full knowledge of the employee and approved by the Board of Directors.

Procedures governing employee transfers must be in accordance with the requirements of existing collective bargaining agreements.

 

 

Legal Reference:  29 U.S.C. 621-634 (1988)
                                      42 U.S.C. 2000 et seq. (1988)
                                      42 U.S.C. 12101 et seq. (Supp. 1990)
                                      Iowa Code 20.9; 35C; 216; 279.8; 294.1 (1977)

Cross Reference;  411.2 Classified Employee - Qualifications, Recruitment, Selection
                                      411.5 Assignment and Transfer of Support Personnel

Adopted:        07/12/84
Reviewed:      07/19/2021

 

The superintendent shall be responsible for the continual evaluation of support employees of the district.

Supervisors of support employees shall submit such evaluations in writing to the superintendent, at such times and in such manner as may be determined by the Board of Directors.

If a classified employee union exists, the Board shall negotiate in good faith with respect to evaluation procedures.

 

 

Legal Reference:  Aplington Community School District vs. PERB< 392 N.W.2d 495
                                      Saydel Education Association vs. PERB 392 N.W.2d 495 (Iowa 1983).
                                      Iowa Code 20.0; 279.14 (1997).
                                      281 I.A.C. 12.3 (4).

Cross Reference:  411.2 Classified Employee - Qualifications, Recruitment, Selection

Adopted:        07/12/84
Reviewed:      07/19/2021