405 LICENSED EMPLOYEES - GENERAL

405.1 LICENSED EMPLOYEE DEFINED

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

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

Licensed employees must present evidence of current license to the Human Resource Coordinator prior to payment of salary each year.

 

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

                                    Iowa Code §§ 256.7(3); 272; 279.8 (2013).

                                    281 I.A.C. 12.4; 41.25.

                                    282 I.A.C. 14.

                                    1940 Op. Att'y Gen. 375.

Cross Reference:         405.2   Licensed Employee Qualifications, Recruitment Selection

                                   410.1   Substitute Teachers

                                   411.1   Classified Employee Defined

Approved:       5-12-97

Reviewed:       11-12-01, 11-13-06, 1-23-12, 11-28-16

Revised:          6-9-03

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 shall be considered on the basis of the following:

                        1.         Training, experience, and skill;

                        2.         Nature of the occupation;

                        3.         Demonstrated competence; and

                        4.         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 Teach Iowa, 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.  Throughout the recruitment and selection processes, reasonable and real efforts will be made to increase the diversity of the district’s licensed employees. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired.  Past Mid-Prairie Graduates properly licensed, or having the ability to become properly licensed, and qualified for the open position will be guaranteed an interview for the appropriate open position.  However, this shall not be construed to mean that the Mid-Prairie Graduate is guaranteed employment.

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

 

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

Approved:                   5-12-97

Reviewed:                   11-12-01, 11-13-06, 1-23-12, 11-28-16

Revised:                      6-9-03, 8-26-19

405.3 LICENSED EMPLOYEE INDIVIDUAL CONTRACTS

The board will enter into a written contract with licensed employees, other than administrators, employed on a regular basis.  Each contract will be for a period of one year, beginning on August 1 and ending on July 31. 

It shall be the responsibility of the superintendent to complete the contracts for licensed employees and present them to the board for approval.  The contracts shall be signed by the board president.  After obtaining the employee’s signature, 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 (2013).

 

Cross Reference:         405.2   Licensed Employee Qualifications, Recruitment, Selection

                                    405.4   Licensed Employee Continuing Contracts

                                    407      Licensed Employee Termination of Employment

Approved:    2-14-83

Reviewed:    6-28-93, 11-12-01, 11-13-06, 1-23-12, 11-28-16

Revised:      5-12-97, 6-9-03

405.4 LICENSED EMPLOYEE CONTINUING CONTRACTS

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 continuing contract issued to a newly employed licensed employee 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 shall 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 shall 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 (2013).

Cross Reference:   405.3   Licensed Employee Individual Contracts

                            405.9   Licensed Employee Probationary Status

                            407      Licensed Employee Termination of Employment

Approved:        5-12-97

Reviewed:       11-12-01, 11-13-06, 1-23-12, 11-28-16

Revised:          6-9-03

405.5 LICENSED EMPLOYEE WORK DAY

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

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

The building principal or immediate supervisor is authorized to make changes in the work day in order to facilitate the education program. These changes shall be reported to the superintendent.

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

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

 

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

Cross Reference:         200.2   Powers of the Board of Directors

Approved:       5-12-97

Reviewed:       11-12-01, 11-13-06, 11-28-16

Revised:          6-9-03, 1-23-12

 

405.6 LICENSED EMPLOYEE ASSIGNMENT

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

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

 

Legal Reference:          Iowa Code §§ 20.9; 279.8 (2013).

Cross Reference:         200.2   Powers of the Board of Directors

Approved:       5-12-97

Reviewed:       1-23-12, 11-28-16

Revised:          6-10-02, 6-9-03, 11-13-06

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 superintendent.  In making such assignments, the superintendent shall 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.

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

 

Legal Reference:          Iowa Code §§ 20.9; 216.14; 279.8 (2013).

Cross Reference:         405.2   Licensed Employee Qualifications, Recruitment, Selection

                                    405.6   Licensed Employee Assignment

Approved:       5-12-97

Reviewed:       11-13-06, 1-23-12, 11-28-16

Revised:          6-10-02. 6-9-03

 

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 performance and the future areas of growth.  The formal evaluation is completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file.  This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence. 

Licensed employees will be required to:

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

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

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

 

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

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

                                    Iowa Code §§ 20.9; 279.14, .19, .27; ch.294 (2011).

                                    281 I.A.C. Ch 83; 12.3(4)

Cross Reference:         405.2   Licensed Employee Qualifications, Recruitment, Selection

                                    405.9   Licensed Employee Probationary Status

Approved:   10-22-90

Reviewed:   6-28-93, 6-10-02, 11-13-06, 11-28-16

Revised:      6-30-97, 6-9-03, 1-23-12

 

405.9 LICENSED EMPLOYEE PROBATIONARY STATUS

The first three years of a new licensed employee's contract shall be a probationary period unless the employee has already successfully completed the probationary period in an Iowa school district. New employees who have successfully completed a probationary period in a previous Iowa school district shall 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 shall 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 (2013).

Cross Reference:         405.4   Licensed Employee Continuing Contracts

                                    405.8     Licensed Employee Evaluation

Approved:       5-1 2-97

Reviewed:       I1-12-01, 11-13-06, 1-23-12, 11-28-16

Revised:          6-9-03