405 - Licensed Employees - General

405 - Licensed Employees - General dawn.gibson.cm… Fri, 07/16/2021 - 19:52

405.1 - Licensed Employee Defined

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

It 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

dawn.gibson.cm… Fri, 07/16/2021 - 20:05

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 Department of Education for posting on TeachIowa, the online state job posting system. Additional announcements of the position may occur in a manner which the superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired.

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

Legal Reference: 29 U.S.C. §§ 621-634
                                      42 U.S.C. §§ 2000e, 12101 et seq.
                                      Iowa Code §§ 20; 35C; 216; 279.13
                                      281 I.A.C. 12.
                                      282 I.A.C. 14.
                                      1980 Op. Att'y Gen. 367.

Cross Reference: 401.1   Equal Employment Opportunity
                                      405      Licensed Employees - General
                                      410.1   Substitute Teachers

Adopted: 07/12/1984
Reviewed: 05/17/2021
Revised: 8/19/2019

dawn.gibson.cm… Fri, 07/16/2021 - 20:08

405.3 - Original Contracts of Licensed Personnel

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

dawn.gibson.cm… Fri, 07/16/2021 - 20:06

405.4 - Continuing Contracts of Licensed Employee

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

dawn.gibson.cm… Fri, 07/16/2021 - 20:10

405.5 - Licensed Employee Work Day

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

dawn.gibson.cm… Fri, 07/16/2021 - 20:03

405.6 - Licensed Employee Assignment

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

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

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

dawn.gibson.cm… Fri, 07/16/2021 - 20:02

405.7 - Licensed Employee Transfers

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

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

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

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

dawn.gibson.cm… Fri, 07/16/2021 - 19:57

405.8 - Licensed Employee Evaluation

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

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

Licensed employees will be required to:

Demonstrate the ability to enhance academic performance and support for and implementation of the school district’s student achievement goals.
Demonstrate competency in 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

dawn.gibson.cm… Fri, 07/16/2021 - 19:58

405.8R1 - Career Teacher Evaluation Procedure

The district shall provide all employees with an in-service on the Iowa Teaching Standards, criterion, and any district-adopted descriptors prior to the district’s implementation of the Individual Professional Development Plans (IPDP) and/or Performance Reviews. The district will provide help to any employee who does not fully understand any part of the Individual Professional Development Plan. This in-service will be conducted within the first month of the school year.

The Individual Professional Development Plan is designed for all career teachers in the district. The IPDP and the District Professional Development Plan will be very closely aligned and be based upon the individual needs of the teacher, the Iowa Teaching Standards, and the student achievement goals of the attendance center and the school district (CSIP). Plans that do not meet this requirement will be considered only in special circumstances.

Each career teacher shall draft an individual or group career development plan by September 19 of the school year following the conclusion of his/her previous plan. The evaluator will meet with the teacher to review, modify and approve the plan.

Modification of the plan can be made at any time by the administrator or by mutual agreement. The evaluator and teacher will also meet for an annual conference to review progress on a multi-year plan. For those individuals with one-year plans, a conference will also take place mid-year.

Each career teacher shall have a performance review at the minimum of once every three years. The evaluator will contact the teacher to establish an agreed upon time to discuss the performance review procedures. The evaluator and teacher will agree upon pre-conference, observation and post conference times. At least one observation will be of no less than 30 minutes. The evaluator’s comments will be reviewed at the post-conference meeting at a time mutually agreed upon. Every attempt will be made to have this conference within five school days of the classroom observation, but will happen no more than ten (10) school days later, barring emergency situations, to allow for timely feedback. The post observation reflection form will be completed and turned in to the principal within two (2) days of the observation, unless another arrangement is mutually agreed upon between the teacher and the building principal. These comments will be signed and dated by both parties. The teacher’s signature does not necessarily mean agreement with the comments. A copy of the comments will be given to the teacher.

For a teacher meeting the Iowa Teaching Standards, the evaluator and the teacher will begin discussion of future career goals that might be included in the next career development plan.

If an evaluator indicates that the teacher is not meeting the expectations of the Iowa Teaching Standards, then those standards not met must be identified, and the information and/or evidence used to make this decision will be provided to the teacher. Both the evaluator and teacher shall sign and date the review. The teacher’s signature does not necessarily indicate agreement and the teacher shall have the right to provide a written response to this review. The teacher may then enter an assistance plan, which has been adopted by the board. IN lieu of entering the assistance plan, the teacher will be given suggestions on how to make improvements in their performance.

Evaluations will be conducted in accordance with the provision of the Iowa.

Adopted:         8/19/2019
Reviewed:       05/17/2021
Revised:

dawn.gibson.cm… Fri, 07/16/2021 - 20:01

405.9 - Licensed Employee Probationary Status

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

dawn.gibson.cm… Fri, 07/16/2021 - 19:55

405.10 - Non-Attendance - Inclement Weather

Employee attendance shall not be required whenever student attendance is not required due to inclement weather or other emergency closings. This provision shall not relieve the employee from fulfilling his/her contract. The days missed may be made up during the school year at the discretion of the administration.

When students are dismissed for heat related weather, the employees will remain working in the district unless authorized to leave by the administration.

Legal Reference: Code of Iowa

Adopted:        07/12/1984
Revised:          05/17/2021
Reviewed:      04/11/2016

dawn.gibson.cm… Fri, 07/16/2021 - 19:53