This series of the board policy manual is devoted to the board's goals and objectives for employees in the performance of their jobs. Employees provide a variety of important services for the children of the school district community. They may be teaching or assisting in the classroom, working in the office, maintaining the facilities, driving or repairing the school buses, or cooking lunches. Each employee plays a vital role in providing an equal opportunity for a quality education for students commensurate with the students' individual needs. While the teachers have the most direct impact on the formal instruction of students, all employees have an impact on the school environment by their dedication to their work and their actions. As role models for the students, employees shall promote a cooperative, enthusiastic, and supportive learning environment for the students.
In striving to achieve a quality education program, the board's goal is to obtain and retain qualified and effective employees. The board shall have complete discretion to determine the number, the qualifications, and the duties of the positions and the school district's standards of acceptable performance. It shall be the responsibility of the superintendent to make recommendations to the board in these areas prior to board action. The board recognizes its duty to bargain collectively with duly certified collective bargaining units.
Board policies in this series relating to general employees shall apply to employees regardless of their position as a licensed employee, classified employee, substitute or administrator. Board policies relating to licensed employees shall apply to positions that require a teaching license or administrator's certificate or other professional license, certificate or endorsement, unless administrative positions are specifically excluded from the policy. Classified employees' policies included in this series shall apply to positions that do not fall within the definition of licensed employee.
The Mid-Prairie 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, gender, gender identity, national origin, religion, age, marital status, disability or sexual orientation. In keeping with the law, the board shall consider the veteran status of applicants.
Prior to a final offer of employment for any position (involving contact with students) the school district will perform criminal, child abuse and sexual abuse background checks. The district may determine on a case-by-case basis that, based on the duties, some positions within the district will require more thorough background checks. Based upon the results of the background checks, the school district will determine whether an offer will be made formal. If the candidate is a teacher who has received an initial license from the BOEE since October 2000, then the requirement for a background check is waived.
Advertisements and notices for vacancies within the district will contain the following statement: "The Mid-Prairie 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 in writing to the Affirmative Action Coordinator, Frank Slabaugh, Mid-Prairie Community School District, Wellman, Iowa 52356, or by telephoning 319-646-6093.
Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights, U.S. Department of Education, 310 W. Wisconsin Ave., Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111 or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50309, (515) 281-4121 o
1-800-457-4416, http://www.state.ia.us/government/crc/index.html. This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.
Further information and copies of the procedures for filing a complaint are available in the school district's central administrative office and the administrative office in each attendance center.
Legal Reference: 29 U.S.C. §§ 621-634 (2012).
42 U.S.C. §§ 2000e et seq. (2012).
42 U.S.C. §§ 12101 et seq. (2012).
Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8 (2013).
281 I.A.C. 12.4; 14.1; 95.
Cross Reference: 102 Equal Educational Opportunity
104 Bullying/Harassment
405.2 Licensed Employee Qualifications, Recruitment, Selection
411.2 Classified Employee Qualifications, Recruitment, Selection
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.
An employee shall not act as an agent or dealer for the sale of textbooks or other school supplies. An employee shall not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents. An employee shall not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school district.
It shall also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities. In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest shall be deemed to exist shall include, but not be limited to, any of the following:
(1) The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school
district's badge, uniform, business card or other evidences of office to give the employee or the employee's immediate family an advantage or
pecuniary benefit that is not available to other similarly situated members or classes of members of the general public. For purposes of this
section, a person is not "similarly situated" merely by being related to an employee who is employed by the school district.
(2) The outside employment or activity involves the receipt of, promise of, or acceptance of money 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 that 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 in (1) or (2) above, the employee must cease the employment or activity. If the activity or employment falls under (3), then the employee must:
1. cease the outside employment or activity; or
2. publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally
affect or create a benefit for the outside employment or activity. Official action or official duty includes, but is not limited to, participating in any
vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of
the public in order to further the interests of the outside employment or activity.
When procurement is supported by Federal Child Nutrition funds, employees will not participate in the selection, award or administration of a contract if there is a real or apparent conflict of interest in the contract. Contract, for purposes of this paragraph, includes a contract where the employee, employee’s immediate family, partner, or a non-school district employer of these individuals is a party to the contract.
It shall be the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.
Legal Reference: 7 C.F.R. 3016.36(3)
Iowa Code §§ 20.7; 68B; 279.8; 301.28 (2013).
Cross Reference: 203 Board of Directors' Conflict of Interest
402.4 Gifts to Employees
402.7 Employee Outside Employment
404 Employee Conduct and Appearance
More than one family member may be an employee of the school district. The employment by the board of more than one individual in a family shall be on the basis of their qualifications, credentials and records. 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 superintendent.
One family member shall not supervise another family member without the expressed written consent of the Superintendent.
Legal Reference: Iowa Code §§ 20; 71; 277.27; 279.8 (2013).
Cross Reference: 405.2 Licensed Employee Qualifications, Recruitment Selection
411.2 Classified Employee Qualifications, Recruitment Selection
Complaints of employees against fellow employees should be discussed directly between employees. If necessary, complaints shall be brought directly to the immediate supervisor, principal or superintendent and shall be made in a constructive and professional manner. Complaints shall never be made in the presence of other employees, students or outside persons.
If the complaint cannot be resolved, the employee may discuss the matter with their immediate supervisor. If the matter cannot be resolved within 5 days of speaking with the immediate supervisor, the employee may discuss it with the principal within 5 days of the supervisor's decision. If the matter cannot be resolved by the principal, the employee may discuss it with the superintendent within 5 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.
A formal grievance procedure is contained in the master contract between the employee's licensed bargaining unit and the board. This policy shall not apply to a complaint that has been or could be filed at the employee's discretion under that formal grievance procedure.
Legal Reference: Iowa Code §§ 20.7, .9; 279.8 (2013).
Cross Reference: 307 Communication Channels
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 shall have access to their personnel file, 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 employee’s files when it is necessary because of an employee related matter before the board.
It shall be the responsibility of the superintendent to keep employees' personnel files current. The board secretary shall be the custodian of employee records.
It shall be the responsibility of the superintendent to develop administrative regulations for the implementation of this policy.
Legal Reference: Iowa Code chs. 20; 21; 22; 91B (2013).
Cross Reference: 402.1 Release of Credit Information
403 Employees' Health and Well-Being
708 Care, Maintenance and Disposal of School District Records
Generally, transportation of students shall be in a motor vehicle owned by the school district and driven by an employee. In some cases, it may be more economical or efficient for the school district to allow an employee of the school district to transport the students in the employee's motor vehicle.
Employees who transport students for school purposes must have the permission of the superintendent.
This policy statement applies to the transportation of students for school purposes in addition to the regular bus route transporting students to and from their designated attendance center.
Legal Reference: Iowa Code chs. 285; 321 (2013).
Cross Reference: 401.7 Employee Travel Compensation
711 Transportation
Employees traveling on behalf of the school district and performing approved school district business will be reimbursed for their actual and necessary expenses. Actual and necessary travel expenses will include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses and registration costs.
Travel Outside the School District
Travel outside of the school district must be pre-approved. Pre-approval will include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business. Travel outside the school district by employees, other than the superintendent, is approved by the superintendent.
Reimbursement for actual and necessary expenses will be allowed for travel outside the school district if the employee received pre-approval for the travel. Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed receipt, other than a credit card receipt, indicating the date, purpose and nature of the expense for each claim item. In exceptional circumstances, the superintendent may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances is maintained as part of the school district's record of the claim.
Failure to have a detailed receipt will make the expense a personal expense. Personal expenses, including mileage, in excess of that required for the trip are reimbursed by the employee to the school district no later than 10 working days following the date of the expense.
Reimbursement for actual and necessary expenses for travel outside the school district will be limited to the pre-approved expenses. Pre-approved expenses for registration are limited to the actual cost of the registration.
Pre-approved expenses for transportation within three hundred miles of the school district administrative office will be by automobile. If a school district vehicle is not available, the employee will be reimbursed at the rate set by the Board.
Travel Within the School District
Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position may be reimbursed at the Federal Mileage Rate (gsa.gov). 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.
Employees who are allowed an in-school 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.
Employees and Board members who travel on school business shall be reimbursed for meals as determined by administrative regulation.
The superintendent is responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment 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 (2013).
1980 Op. Att'y Gen. 512.
Cross Reference: 216.3 Board of Directors' Member Compensation and Expenses
401.6 Transporting of Students by Employees
401.10 Credit Cards
904.1 Transporting Students in Private Vehicles
The board recognizes and appreciates the service of its employees. Employees who retire or resign may be honored by the board, administration and staff in an appropriate manner.
If the form of honor thought appropriate by the administration and employees involves unusual expense to the school district, the superintendent shall seek prior approval from the board.
Legal Reference: Iowa Const. Art. III, § 31.
Iowa Code § 279.8 (2013).
1980 Op. Att'y Gen. 102.
Cross Reference: 407 Licensed Employee Termination of Employment
413 Classified Employee Termination of Employment
Employees shall not engage in political activity upon property under the jurisdiction of the board. Activities including, but not limited to, posting of political circulars or petitions, the distribution of political circulars or petitions, the collection of or solicitation for campaign funds, solicitation for campaign workers, and the use of students for writing or addressing political materials, or the distribution of such materials to or by students are specifically prohibited.
Violation of this policy may be grounds for disciplinary action.
Legal Reference: Iowa Code §§ 55; 279.8 (2013).
Cross Reference: 409.5 Licensed Employee Political Leave
414.5 Classified Employee Political Leave
Employees may use school district credit cards for the actual and necessary expenses incurred in the performance of work-related duties. Actual and necessary expenses incurred in the performance of work-related duties include, but are not limited to, fuel for school district transportation vehicles used for transporting students to and from school and for school-sponsored events, payment of claims related to professional development of the board and employees, and other expenses required by employees and the board in the performance of their duties.
Employees and officers using a school district credit card must submit a detailed receipt in addition to a credit card receipt indicating the date, purpose and nature of the expense for each claim item. Failure to provide a proper receipt shall make the employee responsible for expenses incurred. Those expenses shall be reimbursed to the school district no later than ten working days following use of the school district's credit card. In exceptional circumstances, the superintendent or board may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances shall be maintained as part of the school district's record of the claim.
The school district may maintain a school district credit card for actual and necessary expenses incurred by employees and officers in the performance of their duties. The superintendent may maintain a school district credit card for actual and necessary expenses incurred in the performance of the superintendent's duties. The transportation director may maintain a school district credit card for fueling school district transportation vehicles in accordance with board policy.
It shall be the responsibility of the superintendent to determine whether the school district credit card use is for appropriate school business. It shall be the responsibility of the board to determine through the audit and approval process of the board whether the school district credit card use by the superintendent and the board is for appropriate school business.
The superintendent shall be responsible for developing administrative regulations regarding actual and necessary expenses and use of a school district credit card. The administrative regulations shall include the appropriate forms to be filed for obtaining a credit card.
Legal Reference: Iowa Constitution, Art. III, § 31.
Iowa Code §§ 279.8, .29, .30 (2013).
281 I.A.C. 12.3(1).
Cross Reference: 216.3 Board of Directors' Member Compensation and Expenses
401.7 Employee Travel Compensation
Employees must know their role and duties. New employees may be required to participate in an orientation program for new employees. The employee's immediate supervisor should provide the new employee with a review of the employee's responsibilities and duties. Payroll procedures and employee benefit programs and accompanying forms shall be explained to the employee by the Human Resources Coordinator. Regular employees ineligible for the school district’s group health plan will be given information regarding where they can obtain health care or health care insurance.
Legal Reference: Iowa Code §§ 20; 279.8 (2013).
191 I.A.C. 74.
Cross Reference: 404 Employee Conduct and Appearance
406 Licensed Employee Compensation and Benefits
412 Classified Employee Compensation and Benefits
School owned vehicles are for the convenience of the school district and are to be used for school purposes only.
The transportation director will assign all vehicles and will maintain a log of their use.
Computers are a powerful and valuable education and research tool and, as such, are an important part of the instructional program. In addition, the school district depends upon computers as an integral part of administering and managing the schools’ resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies and materials. This policy outlines the board’s expectations in regard to these different aspects of the school district’s computer resources. Employees must conduct themselves in a manner that does not disrupt from or disrupt the educational process and failure to do so will result in discipline, up to and including, discharge.
General Provisions
The superintendent is responsible for designating school personnel who will oversee the use of school district computer resources. The designated school personnel will prepare in-service programs for the training and development of school district staff in computer skills, appropriate use of computers and for the incorporation of computer use in subject areas.
The superintendent, working with appropriate staff, shall establish regulations governing the use and security of the school district’s computer resources. The school district will make every reasonable effort to maintain the security of the system. All users of the school district’s computer resources, including students, staff and volunteers, shall comply with this policy and regulation, as well as others impacting the use of school equipment and facilities. Failure to comply may result in disciplinary action, up to and including discharge, as well as suspension and/or revocation of computer access privileges.
Usage of the school district’s computer resources is a privilege, not a right, and that use entails responsibility. All information on the school district’s computer system is considered a public record. Whether there is an exception to keep some narrow, specific content within the information confidential is determined on a case by case basis. Therefore, users of the school district’s computer network must not expect, nor does the school district guarantee, privacy for e-mail or use of the school district’s computer network including web sites visited. The school district reserves the right to access and view any material stored on school district equipment or any material used in conjunction with the school district’s computer network.
The superintendent, working with the appropriate staff, shall establish procedures governing management of computer records in order to exercise appropriate control over computer records, including financial, personnel and student information. The procedures will address:
passwords,
system administration,
separation of duties,
remote access,
data back-up (including archiving of e-mail),
record retention, and
disaster recovery plans.
Social Networking or Other External Web Sites
For purposes of this policy any web site, other than the school district web site or school-school district sanctioned web sites, are considered external web sites. Employees shall not post confidential or proprietary information, including photographic images, about the school district, its employees, students, agents or others on any external web site without consent of the superintendent. The employee shall adhere to all applicable privacy and confidentiality policies adopted by the school district when on external web sites. Employees shall not use the school district logos, images, iconography, etc. on external web sites. Employees shall not use school district time or property on external sites that are not in direct-relation to the employee’s job. Employees, students and volunteers need to realize that the Internet is not a closed system and anything posted on an external site may be viewed by others, all over the world. Employees, students and volunteers who don’t want school administrators to know their personal information, should refrain from exposing it on the Internet. Employees should not connect with students via external web sites without consent of the superintendent. Employees, who would like to start a social media site for school district sanctioned activities, should contact the building principal or superintendent.
It is the responsibility of the superintendent to develop administrative regulations implementing this policy.
Legal Reference: Iowa Code § 279.8 (2013).
281 I.A.C. 13.35, .26
Cross Reference: 104 Anti-Bullying/Harassment
306 Administrator Code of Ethics
401.11 Employee Orientation
407 Licensed Employee Termination of Employment
413 Classified Employee Termination of Employment
605 Instructional Materials
The following information shall be released to an entity with whom an employee has applied for credit or has obtained credit: title of position, income, and number of years employed. This information will be released without prior written notice to the employee. Confidential information about the employee will be released to an inquiring creditor with a written authorization from the employee.
It shall be the responsibility of the board secretary or superintendent to respond to inquiries from creditors.
Legal Reference: Iowa Code §§ 22.7; 279.8 (2013).
Cross Reference: 401.5 Employee Records
In compliance with state law and to provide protection to victims of child abuse, incidents of alleged child abuse should be reported to the proper authorities. All employees should report alleged incidents of child abuse they become aware of within the scope of their professional duties to their immediate supervisor. Licensed employees are further required as mandatory reporters to report alleged incidents of child abuse to the Iowa Department of Human Services. The legal definition of child abuse is in the accompanying regulation.
When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter shall notify the Iowa Department of Human Services. If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency shall also be notified. Within forty-eight hours of the oral report, the mandatory reporter shall file a written report with the Iowa Department of Human Services.
Within six months of their initial employment, mandatory reporters shall take a two-hour training course involving the identification and reporting of child abuse. The course shall be re- taken at least once every five years.
In addition to the training licensed employees receive through the Mandatory Reporter Training the superintendent shall be responsible for developing a specific training program for all staff members that centers on the detection of sexual abuse in victims who are minors. This training shall be provided to all new employees and shall be conducted as part of the district inservice program every three years.
Legal Reference: Iowa Code §§ 232.67-.77; 232A; 235A; 280.17
441 I.A.C. 9.2; 155; 175.
1982 Op. Att'y Gen. 390, 417.
1980 Op. Att'y Gen. 275.
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
Physical or sexual abuse of students, including inappropriate and intentional sexual behavior, by employees will not be tolerated. The definition of employees for the purpose of this policy includes those who work for pay but also those who are volunteers in 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 a student by school district employees by investigating or arranging for the investigation of an allegation. The processing of a complaint or allegation will be handled confidentially to the maximum extent possible. Employees may be required to assist in the investigation to provide information and shall maintain the confidentiality of the reporting and investigation process.
The school district has appointed a Level I investigator and alternate Level I investigator. The school district has also arranged for a trained, experienced professional to serve as the Level II investigator. The Level I investigator and alternate will be provided training in the conducting of an investigation at the expense of the school district. The names of the investigators shall be listed in the student handbook, published annually in the local newspaper and posted in all school facilities.
The superintendent is responsible for drafting administrative regulations to implement this policy.
Legal Reference: Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1) (2013).
281 I.A.C. 12.3(6), 102; 103.
441 I.A.C. 155; 175.
1980 Op. Att'y Gen. 275.
Cross Reference: 104 Bullying/Harassment
402.2 Child Abuse Reporting
503.5 Corporal Punishment
Employees may receive a gift on behalf of the school district. Employees shall not, either directly or indirectly, solicit, accept or receive any gift, series of gifts or an honorarium unless the donor does not meet the definition of "restricted donor" stated below or the gift or honorarium does not meet the definition of gift or honorarium stated below.
A "restricted donor" is defined as a person or other entity which:
1. 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;
2. 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
3. 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:
1. Contributions to a candidate or a candidate's committee;
2. 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;
3. 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;
4. An inheritance;
5. Anything available or distributed to the general public free of charge without regard to the official status of the employee;
6. 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 theorganization and if the dues paid are not inconsequential when compared to the items received;
7. 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;
8. Plaques or items of negligible resale value given as recognition for public service;
9. Non-monetary items with a value of less than $3.00 that are received from any one donor during one calendar day;
10. 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;
11. 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;
12. Funeral flowers or memorials to a church or nonprofit organization;
13. Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;
14. Payment of salary or expenses by the school district for the cost of attending a meeting of a sub-unit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other sub-unit 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
15. 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.
16. 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;
2. A non-monetary gift or series of non-monetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or
3. A payment made to an employee for services rendered as part of a private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee of the district, but, rather, because of some special expertise or other qualification.
It shall be the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.
Legal References: Iowa Code ch. 68B (2013).
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
The board recognizes situations may arise in the operation of the school district which are of concern to parents and other members of the school district community.
The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern. Whenever a complaint or concern is brought to the attention of the board the board will remain neutral and respectful and will refer it to the administration to be resolved.
Prior to board action however, the following should be completed:
1. Matters concerning an individual student, teacher, or other employee should first be addressed to the teacher or employee.
2. Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the
employee’s building principal for licensed employees or to the classified employee’s immediate supervisor.
3. Unsettled matters regarding employees from (b) above or problems and questions concerning the school district should be
directed to the superintendent.
4. If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board. To bring a concern
regarding an employee, the individual may notify the board president in writing, who may bring it to the attention of the
entire board, or the item may be placed on the board agenda of a regularly scheduled board meeting in accordance with board policy
213.1.
It is within the discretion of the board to address complaints from the members of the school district community, and the board will only do so if they are in writing, signed, and the complainant has complied with this policy.
Legal Reference: Iowa Code § 279.8
Cross Reference: 210.8 Board Meeting Agenda
213 Public Participation in Board Meetings
307 Communication Channels
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 the duties of an employee as part of a regular, full-time position as full-time employment. The board expects such employees to give the responsibilities of their positions in the school district precedence over any other employment.
It shall be the responsibility of the superintendent to counsel employees, whether full-time or part-time, if, in the judgment of the superintendent and the immediate supervisor of the employee, the outside employment of the employee interferes with the performance of the duties of the employee required in the position of the employee 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 § 279.8 (2013).
Cross Reference: 210.8 Board Meeting Agenda
213 Public Participation in Board Meetings
307 Communication Channels
Good health is important to job performance. Employees will present evidence of good health, in the form of a physical examination report, prior to their employment with the school district.
School bus drivers will present evidence of good health annually in the form of a physical examination report unless otherwise required by law or medical opinion. Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations, when requested to do so, at the expense of the school district.
The cost of an employee physical will be paid by the school district as stated in the Master Agreement/Staff Handbook. The form, indicating the employee is able to perform the duties for which the employee was hired must be returned prior to payment of salary. The cost of bus driver renewal physicals will be paid as stated in the Master Agreement/Staff Handbook. The school district will provide the standard examination form to be completed by the personal physician of the employee. Employees identified as having reasonably anticipated contact with blood or infectious materials will receive the Hepatitis B vaccine or sign a written waiver stating that they will not take the vaccine.
It is the responsibility of the superintendent to write an exposure control plan to eliminate or minimize district occupational exposure to blood-borne pathogens. The plan for designated employees will include, but not be limited to, scope and application, definitions, exposure control, methods of compliance, Hepatitis B vaccination and post-exposure evaluation and follow-up, communication of hazards to employees, and record keeping.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding physical examinations of such employees shall be followed.
Legal Reference: 29 C.F.R. § 1910.1030.
49 C.F.R. §§ 391.41 – 391.49.
Iowa Code §§ 20.9; 279.8; 321.376.
281 I.A.C. 43.15; 43.17.
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 employee’s immediate supervisor 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 Human Resource Coordinator to file worker’s comp claims.
Legal Reference: Iowa Code §§ 85; 279.40; 613.17 (2013).
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
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" shall 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 shall be included in the school district's bloodborne pathogens exposure control plan. The procedures shall include scope and application, definitions, exposure control, methods of compliance, universal precautions, vaccination, post-exposure evaluation, follow-up, communication of hazards to employees and record keeping. This plan shall be reviewed annually by the superintendent and school nurse.
The health risk to immunodepressed employees shall be determined by their personal physician. The health risk to others in the school district environment from the presence of an employee with a communicable disease shall be determined on a case-by-case basis by the employee's personal physician, a physician chosen by the school district or public health officials.
Health data of an employee is confidential and it shall not be disclosed to third parties. Employee medical records shall be kept in a file separate from their personal file.
It shall be the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with employees with a communicable disease.
Legal Reference: School Board of Nassau County v. Arline, 480 U.S. 273 (1987).
29 U.S.C. §§ 794, 1910 (2012).
42 U.S.C. §§ 12101 et seq. (2012).
45 C.F.R. Pt. 84.3 (2012).
Iowa Code chs. 139(a); 141(a) (2013).
641 I.A.C. 1.2-.7.
Cross Reference: 401.5 Employee Records
403.1 Employee Physical Examinations
507.3 Communicable Diseases - Students
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 shall 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, shall be included in the employee's orientation. When an additional hazardous substance enters the workplace, information about it shall be distributed to all employees, and training shall be conducted for the appropriate employees. The superintendent shall maintain a file indicating which hazardous substances are present in the workplace, and when training and information sessions take place.
Employees who will be instructing or otherwise working with students shall disseminate information about the hazardous chemicals with which they will be working as part of the instructional program.
It is the responsibility of the superintendent to develop administrative regulations regarding this program.
Legal Reference: 29 C.F.R. Pt. 1910; 1200 et seq. (2012).
Iowa Code chs. 88; 89B (2013).
347 I.A.C. 120.
Cross Reference: 403 Employees' Health and Well-Being
804 Safety Program
The board expects the school district and its employees to remain substance free. No employee shall unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, 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 vehicles. "Workplace" also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.
If an employee is convicted of a violation of any criminal drug offense committed in the workplace, the employee shall notify the employee's supervisor of the conviction within five days of the conviction.
The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee. An employee who violates the terms of this policy may be subject to discipline up to and including termination. An employee who violates this policy may be required to successfully participate in a substance abuse treatment program approved by the board. If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination.
The superintendent is responsible for publication and dissemination of this policy to each employee. In addition, the superintendent shall oversee the establishment of a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment programs.
It is the responsibility of the superintendent to develop administrative regulations to implement this policy.
Legal Reference: 41 U.S.C. §§ 81 (2012).
42 U.S.C. §§ 12101 et seq. (2012).
34 C.F.R. Pt. 85 (2012).
Iowa Code §§ 123.46; 124; 279.8 (2013).
Cross Reference: 404 Employee Conduct and Appearance
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. Post-accident testing will be required when a fatality has occurred, if a traffic citation and one or more of the following occurs: One or more persons involved in the accident receive bodily injury and received immediate medical treatment away from the scene of the accident, one or more motor vehicles involved in the accident incurred disabling damage. Disabling damage means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs. This includes damage to motor vehicles that could have been driven, but would have been further damaged if so driven. This does not include damage which can be remedied temporarily at the scene of the accident without special tools or parts such as (1) tire disablement without other damage even if no spare tire is available, (2) headlight or tail light damage or (3) damage to turn signals, horn or windshield wipers which make them inoperative. Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol. Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations. Employees with questions about the drug and alcohol testing program may contact the school district contact person, the Humans Resources Director, at 1636 Hwy 22, Wellman, IA 52356.
Employees who violate the terms of this policy are subject to discipline up to and including termination.
It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law. The superintendent will inform applicants of the requirement for drug and alcohol testing notices or advertisements for employment.
The superintendent will also be responsible for publication and dissemination of this policy and it’s supporting administrative regulations and forms to employees operating school vehicles. The superintendent will also oversee substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.
Legal Reference: American Trucking Association, Inc., v. Federal Highway Administration,
51 Fed. 3rd 405 (4th Cir. 1995).
49 U.S.C. §§ 5331 et seq. (2012).
42 U.S.C. §§ 12101 (2012).
41 U.S.C. §§ 701-707 (2012).
49 C.F.R. Pt. 40; 382; 391.81-123 (2012).
34 C.F.R. Pt. 85 (2012).
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 (2013).
Cross Reference: 403.6 Substance-Free Workplace
409.2 Licensed Employee Personal Illness Leave
414.2 Classified Employee Personal Illness Leave
Employees are role models for the students who come in contact with them during and after school hours. The board recognizes the positive effect employees can have on students in this capacity. To this end, the board strongly suggests and encourages employees to dress themselves, groom themselves and conduct themselves in a manner appropriate to the educational environment.
Employees shall conduct themselves in a professional manner. Employees shall dress in attire appropriate for their position. Clothing should be neat, clean, and in good taste. Discretion and common sense call for an avoidance of extremes which would interfere with or have an effect on the educational process.
Licensed employees of the school district shall follow the code of ethics for their profession as established by the Iowa Board of Educational Examiners.
Legal Reference: Iowa Code § 279.8 (2013).
282 I.A.C. 13.25, .26.
Cross Reference: 104 Anti-Bullying/Harassment
306 Administrator Code of Ethics
401.11 Employee Orientation
403.5 Substance-Free Workplace
407 Licensed Employee Termination of Employment
413 Classified Employee Termination of Employment
The following work rules relating to personal conduct are issued by the Mid-Prairie School District to inform all employees of personal conduct considered unacceptable as a district employee. These rules are established so the district can fulfill its mission in an orderly and efficient manner and are not intended to restrict the rights of employees, but rather to advise employees of prohibited behavior.
I. Work Performance
1) Intentionally giving any false or misleading information to obtain employment or a leave of absence or sick days.
2) Negligence in performance of assigned duties, or interfering with another employee’s performance of duties.
3) Insubordination, including disobedience, or failure or refusal to carry out assignments or instructions.
4) Falsifying records or giving false information to employees and agencies responsible for recordkeeping.
5) Failure to provide accurate and complete information and reports whenever an authorized person requests such information.
6) Unauthorized disclosure of confidential information or records.
7) Loafing, loitering, sleeping or engaging in unauthorized personal business.
8) Failure to comply with health, safety, and sanitation requirements, rules and regulations.
II. Attendance and Punctuality
1) Failure to be at the workplace, ready to work, at the scheduled starting time.
2) Leaving the work place before the scheduled quitting time without the specific approval of the supervisor.
3) Unexcused or excessive tardiness or absenteeism.
4) Failure to observe the time limits and scheduling of lunch, rest, or personal needs periods.
5) Failure to notify the supervisor promptly of unanticipated tardiness or absence.
III. Use of Property
1) Unauthorized or improper use of district property, tools, or equipment, including vehicles, telephones, computers, or mail service.
2) Unauthorized possession or removal of district or another person’s private property.
3) Willfully damaging, destroying, or stealing property belonging to students, fellow employees or the district.
4) Unauthorized posting or removal of notices or signs from bulletin boards.
5) Unauthorized use, lending, borrowing, or duplicating of district keys.
6) Unauthorized entry to district property, including unauthorized entry outside of assigned hours of work or entry to restricted areas.
7) Unauthorized use of a district-owned vehicle for personal use.
IV. Personal Actions and Appearance
1) Threatening, attempting or doing bodily harm, fighting, or engaging in horseplay with another person.
2) Intimidating, bullying, harassing, interfering with, or using abusive language towards others.
3) Unauthorized possession of firearms or other weapons.
4) Making false or malicious statements concerning other employees, supervisors, students, or the district.
5) Use or possession of alcoholic beverages or narcotics during working hours, or smoking on district premises, or reporting to work under the influence of alcoholic beverages or illegal drugs.
6) Unauthorized solicitation for any purpose.
7) Inappropriate dress or lack of personal hygiene that adversely affects proper performance of duties or constitutes a health or safety hazard.
8) Unauthorized or improper use or possession of uniforms, identification cards, badges, or permits.
9) Failure to exercise good judgment, or being discourteous, in dealing with parents, students, the general public or fellow employees.
10) Fraternizing with students, including but not limited to touching, excessive conversation, or other non-job related personal contact with students.
11) Use of a cell phone while driving a district-owned vehicle on the road.
1) Failure to adhere to the district’s curriculum and instructional policies, procedures, and guidelines.
2) Furnishing, other than to school personnel, any list of names or addresses of students and failure to limit the use of commercial advertising in the classroom to those items that have the advance approval of the building principal or immediate supervisor.
3) Failure to follow the district’s policy on addressing concerns through the proper administrative communication channels.
4) Personally benefiting from the sale of merchandise to any student.
5) Failure to report all arrests and convictions of a violation of law other than a minor traffic violation. (Exception: Bus Drivers shall report all moving traffic violations.)
6) Failure to comply with Chapter 25 (Code of Professional Conduct and Ethics) or Chapter 26 (Code of Rights and Responsibilities) of the Rules of the Educational Examiners Board (Chapter 282 of the Iowa Administrative Code).
Employees engaging in prohibited behavior risk discipline up to and including a verbal warning, counseling, oral or written reprimands, suspension with or without pay, or termination of employment. Additionally, where warranted, complaints to the Board of Educational Examiners and/or local law enforcement for criminal prosecution may be made where employees engage in prohibited behavior, which violates Rules of the Board of Educational Examiners or criminal laws or ordinances.
Cross Reference: 400 Employees
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
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 IowaWorks, 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.
Annually, the board may set a sign-on bonus for new teachers hired to start in the fall. The board shall determine the teacher classifications entitled to the sign-on bonus and the amount of the bonus. If the bonus is awarded, half of the bonus shall be paid on September 25 of the teacher’s first year and the second half of the bonus shall be paid on September 25 of the teacher’s second year if the employee is still employed by the district.
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
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
Contracts entered into with licensed employees, other than an administrator, will continue from year to year except as modified or terminated as provided by law. The board may issue temporary and nonrenewable contracts in accordance with law.
Licensed employees whose contracts will be recommended for termination by the board will receive due process as required by law. The superintendent will make a recommendation to the board for the termination of the licensed employee’s contract.
Licensed employees who wish to resign, to be released from a contract, or to retire must comply with applicable law and board policies.
Legal Reference: Ar-We-Va Community School District v. Long and Henkenius, 292 N.W.2d 402 (Iowa 1980).
Bruton v. Ames Community School District, 291 N.W.2d 351 (Iowa 1980).
Hartman v. Merged Area VI Community College, 270 N.W.2d 822 (Iowa 1978).
Keith v. Community School District of Wilton in the Counties of Cedar and Muscatine, 262 N.W.2d 249 (Iowa 1978).
Iowa Code §§ 20; 272; 279.12-.19B, .27; 294.1 (2013).
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
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 full-time 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 school building must be obtained from the principal whenever the licensed employees must leave the school building 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
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 Agreement/Staff Handbook 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
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 Agreement/Staff Handbook 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
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
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
The board will establish salary schedules for licensed employees' positions keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other factors deemed relevant by the board.
It is the responsibility of the superintendent to make a recommendation to the board annually regarding the salary schedule. The salary schedule is subject to review and modification through the collective bargaining process.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding wages and salaries of such employees will be followed.
Legal Reference: Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2013).
Cross Reference: 405 Licensed Employees - General
406.2 Licensed Employee Salary Schedule Advancement
The board will determine which licensed employees will advance on the salary schedule for the licensed employees' positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.
It is the responsibility of the superintendent to make a recommendation to the board for the advancement of licensed employees on the salary schedule.
The requirements stated in the Master Agreement/Staff Handbook between employees in that certified collective bargaining unit and the board regarding salary schedule advancement of such employees will be followed.
Legal Reference: Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2013).
Cross Reference: 405 Licensed Employees - General
406 Licensed Employee Compensation and Benefits
Continued education on the part of licensed employees may entitle them to advancement on the salary schedule. Licensed employees who have completed additional hours will be considered for advancement on the salary schedule. The board shall determine which licensed employees will advance on the salary schedule for continued education keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and any other items deemed relevant by the board.
Licensed employees who plan to take approved graduate courses at a recognized college or university shall submit the appropriate graduate credit approval form to the superintendent no later than one week in advance of the start of the course(s). Upon completion of the course(s), an official transcript shall be presented to the superintendent.
Licensed employees who believe they will qualify to move horizontally on the salary schedule shall notify the superintendent in writing no later than June 1, prior to the year the move will take place. Licensed employees who qualify for the move shall provide the superintendent with suitable evidence of additional educational credits no later than September 15.
It shall be the responsibility of the superintendent to make a recommendation to the board for the advancement of a licensed employee on the salary schedule.
The requirements stated in the Staff Handbook between licensed employees in a certified collective bargaining unit and the board regarding continued education credit of such employees shall be followed.
Legal Reference: Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2013).
Cross Reference: 405 Licensed Employees - General
406 Licensed Employee Compensation and Benefits
A licensed employee may volunteer or be required to take on extra duty, with the extra duty being secondary to the major responsibility of the licensed employee. The board shall establish a salary schedule for extra duty licensed employee positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.
Vacant extra duty positions, for which extra compensation will be earned, will be posted to allow qualified licensed employees to volunteer for the extra duty. If no licensed employee volunteers for extra duty, the superintendent shall assign the extra duty positions to qualified licensed employees. The licensed employee shall receive compensation for the extra duty required to be performed.
It shall be the responsibility of the superintendent to make a recommendation to the board annually as to which licensed employees shall have the extra duty, and the salary schedule for extra duty, for the board's review.
The requirements stated in the Master Agreement/Staff Handbook between employees in that certified collective bargaining unit and the board regarding the compensation for extra duties of such employees shall be followed.
Legal Reference: Iowa Code §§ 20.1, .4, .7, .9; 279.8, .13-.15, .19A-B (2013).
Cross Reference: 405 Licensed Employees - General
406 Licensed Employee Compensation and Benefits
Licensed employees may be eligible for group benefits as determined by the board and required by law. The board will select the group benefit program(s) and the insurance company or third party administrator which will provide or administer the program.
In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, with minimum essential coverage that is both affordable and provides minimum value. The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees.
Licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan. Licensed employees who work twenty (20) hours per week are eligible to participate in life and long term disability group insurance plans. Employers should maintain documents regarding eligible employee’s acceptance and rejection of coverage.
Regular part-time 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 licensed employees who wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.
Licensed employees and their spouse and dependents may be allowed to continue coverage of the school district's group health program if they cease employment with the school district by meeting the requirements of the plan.
The requirements stated in the Master Agreement/Staff Handbook between employees in the certified collective bargaining unit and the board regarding the group insurance benefits of such employees will be followed.
Legal Reference: Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B (2013).
Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).
Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).
Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8543 (Feb. 12,
2014).
Cross Reference: 405.1 Licensed Employee Defined
706.2 Payroll Deductions
The board authorizes the administration to make a payroll deduction for licensed employees' tax-sheltered annuity premiums purchased from a company or program chosen by the board and collective bargaining units.
Licensed employees wishing to have payroll deductions for tax-sheltered annuities will make a written request to the superintendent.
The requirements stated in the Master Agreement/Staff Handbook between employees in the certified collective bargaining unit and the board regarding the tax-sheltered annuities of such employees will be followed.
Legal Reference: Iowa Code §§ 20.9; 260C; 273; 294.16 (2013).
1988 Op. Att'y Gen. 38.
1976 Op. Att'y Gen. 462, 602.
1966 Op. Att'y Gen. 211, 220.
Cross Reference: 706 Payroll Procedures
A licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the board for return of the contract. This applies to regular contracts for the licensed employee's regular duties and for an extracurricular contract for extra duty. Resignations of this nature shall be accepted by the board.
A licensed employee resigning their contract for the following school year prior to the first Monday of February of the current year will receive an Early Notification of Non-renewal incentive in the amount set annually by the board. A licensed employee resigning their contract for the following year on or after the first Monday of February but prior to the first Monday of March will also receive an Early Notification of Non-renewal incentive in the amount set annually by the board. Licensed employees resigning on or after the first Monday of March will not receive the incentive. The incentive shall not apply to extracurricular contracts, the superintendent’s contract, or to the contracts of employees that qualified for an early retirement incentive as outlined in Board Policy #407.6.
The board may require an individual who has resigned from an extracurricular contract to accept the resigned position for only the subsequent school year when the board has made a good faith effort to find a replacement and the licensed employee is continuing to be employed by the school district.
Legal Reference: Iowa Code §§ 91A.2, .3, .5; 279.13, .19A
Cross Reference: 405.3 Licensed Employee Individual Contracts
405.4 Licensed Employee Continuing Contracts
407 Licensed Employee Termination of Employment
407.6 Licensed Employee Early Separation
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 actual expenses incurred to locate and hire a suitable replacement. Upon written mutual agreement between the employee and the superintendent, the costs may be deducted from the employee's salary. Payment of these costs is a condition for release from the contract at the discretion of the board. Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.
The school district may charge employees for costs incurred in finding a replacement. Employees can only be charged costs, not “penalties.” The costs cannot be withheld from money owed the employee unless the employee agrees. If costs are not withheld from moneys owed to the employee, the district must bill the employee. If the employee fails to pay, the school district’s only option for reimbursement is to file a claim in small claims court. The school district also has the option of filing a complaint with the Board of Educational Examiners stating the employee has engaged in unprofessional conduct.
The superintendent is authorized to file a complaint with the Board of Educational Examiners against a licensed employee who leaves without proper release from the board.
Legal Reference: Iowa Code §§ 216; 272; 279.13, .19A, .46 (2013).
1978 Op. Att'y Gen. 247.
1974 Op. Att'y Gen. 11, 322.
Cross Reference: 405.3 Licensed Employee Individual Contracts
405.4 Licensed Employee Continuing Contracts
407.3 Licensed Employee Retirement
Licensed employees who will complete their current contract with the board may apply for retirement. No licensed employee will be required to retire at a specific age.
Application for retirement will be considered made when the licensed employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board, the intent of the employee to retire. The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent. Applications made after the date set by the board for the return of the employee's contract to the board may be considered by the board if special circumstances exist. It shall be within the discretion of the board to determine whether special circumstances exist.
Board action to approve a licensed employee's application for retirement shall be final and such action constitutes non-renewal of the employee's contract for the next school year.
Licensed employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.
Licensed employees and their spouse and dependents shall be allowed to continue coverage in the school district's group health insurance program at their own expense by meeting the requirements of the insurer.
Legal Reference: Iowa Code §§ 97B; 216; 279.46 (2013).
581 I.A.C. 21.
1978 Op. Att'y Gen. 247.
1974 Op. Att'y Gen. 11, 322.
Cross Reference: 407.6 Licensed Employee Early Retirement
Licensed employees will perform their assigned job, respect and follow board policy and obey the law. The superintendent is authorized to suspend a licensed employee pending board action on a discharge, for investigation of charges against the employee, and for disciplinary purposes. It is within the discretion of the superintendent to suspend a licensed employee with or without pay.
In the event of a suspension, appropriate due process will be followed.
Legal Reference: Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (Iowa 1987).
McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).
Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2013).
Cross Reference: 404 Employee Conduct and Appearance
407 Licensed Employee Termination of Employment
The board has the exclusive authority to determine the appropriate number of licensed employees. A reduction of licensed employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, and other reasons deemed relevant by the board.
The reduction in licensed employees, other than administrators, shall be done through normal attrition if possible. If normal attrition does not meet the necessary reduction in force required, the board may terminate licensed employees.
It is the responsibility of the superintendent to make a recommendation for termination to the board. The superintendent shall consider the following criteria in making the recommendations:
1. Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing;
2. Relative skills, ability and demonstrated performance;
3. Qualifications for co-curricular programs; and
4. Number of continuous years of service to the school district. This will be considered only when the foregoing factors are relatively equal between licensed employees.
Due process for terminations due to a reduction in force shall be followed.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the reduction in force of such employees shall be followed.
Legal Reference: Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2013).
Cross Reference: 407.5 Licensed Employee Suspension
413.6 Classified Employee Reduction in Force
703 Budget
The Board of Education of the Mid-Prairie Community School District may deem it appropriate to provide an early retirement incentive to licensed employees of extended tenure who opt to separate from the district pursuant to this program. The purpose of this program is to provide the district's employees with the option and opportunity for early separation from their employment with the district. This early separation program is designed to show the district's appreciation for the services an employee has rendered to the district and to aid the employee in his or her transition from public service to retirement.
The board has the option to review the feasibility of this program annually. By December 15 of each year, the board will determine the maximum number of employees who will be eligible to receive benefits under this policy’s provisions at the end of the current contract year and the amount of the benefit. The board's decision may take into consideration the district's financial needs, staffing considerations, student enrollment and possible contract savings.
1. Eligibility
The school district offers an early retirement plan for full-time licensed employees. Full-time licensed employees are licensed employees who work 40 hours per week and who are currently performing their assigned duties within the school district. A licensed employee is eligible under the early retirement plan when the licensed employee:
a. Has reached the age of 55 on or before June 30 of the year in which the licensed employee wishes to retire and has 20 years of total experience as a teacher and/or administrator.
b. The last 10 years of service prior to retirement shall be consecutive service to Mid-Prairie Community School District. Board approved leave shall not be considered an interruption when calculating consecutive service.
c. Submits an application to the superintendent for participation in the plan on or before January 15 of the year in which the licensed employee wishes to retire. Applications submitted after January 15 may be considered at the discretion of the board depending on the circumstances for the late application;
d. Submits a written resignation. The resignation may be contingent upon approval by the board of participation in the voluntary early retirement plan; and,
e. Receives board approval of the licensed employee's application for participation in the early retirement plan, of the licensed employee's resignation and of the disbursement of the early retirement incentive to the licensed employee.
Employees will not qualify for this early separation program if:
a. They are scheduled for layoff or staff reduction;
b. They have received an official notice of layoff or termination;
c. They are subject to termination pursuant to Iowa Code Sections §279.15, §279.24, §279.25 or §279.29; or
d. They are on disability leave.
Approval by the board of the licensed employee's early retirement application shall constitute a voluntary resignation. Failure of the board to approve the licensed employee's early retirement application will make the licensed employee's current contract with the board continue in full force and effect.
2. Contribution toward Health Insurance
An employee who applies, qualifies and is accepted for the Mid-Prairie Community School District Early Separation Program shall receive a set amount per month toward district health insurance up until the time the employee qualifies for Medicare. The amount of the benefit will be determined prior to December 15 of the current contract year for employees retiring at the end of the current school year.
In the event this Early Separation Program is altered or discontinued, persons who separated from the district under this program will continue to receive benefits under this program as authorized by the Board of Education in accepting the employee's letter of resignation.
3. Termination at Death
An employee's right to receive benefits under the Mid-Prairie Community School District's Early Separation Program shall terminate on the death of the employee and neither his or her estate, heirs, successors or assigns shall be entitled to any further benefits under the Mid-Prairie Community School District's Early Separation Program notwithstanding the fact the employee may not have received all of the benefits to which he or she would have been entitled had he or she lived.
4. Additional Conditions
The adoption of this program shall not vest any rights in any employee whether or not the employee is currently eligible for early separation. The board shall have the complete discretion to amend or repeal this program at any time when in the judgment of the board the district no longer realizes economic benefit from this program or otherwise determines that the program is not in the best interest of the district. Furthermore, the district shall not be obligated to provide any of the benefits to any employee after the date of such amendment or repeal, except to those employees whose early separation pursuant to this program has commenced prior to the amendment or repeal.
Employees who elect to participate in this program shall be eligible to be re-hired in any capacity with the Mid-Prairie Community School District; however, the Mid-Prairie Community School District shall not be required to accept an application for employment from an employee who elects to participate in the district's Early Separation Program, provided, however, that at the sole discretion of the Superintendent, the district may employ persons who elected to participate in the district's Early Separation Program as substitute teachers. Each employee who elects to participate in the district's Early Separation Program must specifically agree to hold the district harmless and indemnify it if the employee attempts to submit an employment application or otherwise attempts to be re-employed with the district. If an individual who elects to participate in the program is subsequently employed by the Mid-Prairie Community School District as a full time employee (substitute teachers, substitute support staff members, and coaches excluded) the benefits of the district’s Early Separation Program shall immediately cease.
Legal Reference: 29 U.S.C. §§ 621 et seq. (2010).
Senate File 2366, 77th General Assembly, 2nd Reg. Sess. (1998).
Iowa Code §§ 97B; 216; 279.46; 509A.13 (2013).
1978 Op. Att'y Gen. 247.
1974 Op. Att'y Gen. 11, 322.
Cross Reference: 407.3 Licensed Employee Retirement
A. Academic Credit
Professional staff members may seek renewal and improve competence by taking additional college coursework. The professional staff member is encouraged both by the salary schedule and the district administration to grow professionally by pursuing additional graduate course hours. Professional competence and growth will be the primary criteria for maintenance and advancement on the salary schedule.
Course work to be counted toward horizontal advancement on the salary schedule shall be taken and passed at a regionally accredited college or university. All such professional growth experiences shall be approved in advance by the Superintendent on the standard forms provided for this purpose.
All professional staff members shall meet the following requirements in order to qualify for horizontal advancement on the salary schedule.
1. Professional Staff Members with Bachelor’s Degree Taking Non-Degree Graduate
Courses. Credit beyond the Bachelor’s degree, but below the Master’s degree must
be graduate credit from a regionally accredited college or university. It need not be
specifically directed toward the Master’s degree if the college or university certified
it as graduate credit. Such graduate credit shall be in the professional staff
member’s area of teaching specialization.
2. Professional Staff Members with Bachelor’s Degree Taking Master’s Degree Program Graduate Courses. Professional Staff members on a Master’s degree
program shall provide sufficient evidence that their graduate courses apply toward
the Master’s Degree. Professional staff members taking Master’s degree program
graduate courses outside their area of teaching specialization shall provide evidence
to the Superintendent as to how these courses will be beneficial to the staff
member’s teaching assignment and the district’s educational program.
3. Professional Staff Members with Bachelor’s and Master’s Degrees Taking
Undergraduate Courses. Horizontal advancement on the salary schedule shall not
be granted to professional staff members taking undergraduate courses.
4. Professional Staff Members with Master’s Degree Taking Graduate Courses.
Professional staff members who possess the Master’s degree and desire to take
graduate courses beyond this degree for horizontal advancement on the salary
schedule will be expected to take the courses in the area of their teaching
specialization. If the graduate courses are not in the area of teaching specialization,
the professional staff members will be required to submit evidence to the
Superintendent as to how the course(s) will benefit the teacher’s present teaching
assignment and the district’s educational program.
Professional staff members who plan to take approved graduate courses at a regionally accredited college or university during the summer months shall submit the appropriate graduate credit approval form to the Superintendent no later than June 1 of the summer during which the course(s) will be taken. All other approved graduate courses shall be submitted to the Superintendent for approval at least one week in advance of when the course(s) will begin. Upon completion of the course(s) a transcript shall be presented to the Superintendent for final approval.
Professional staff members who qualify shall move horizontally on the salary schedule by filing suitable evidence of additional educational credits with the Superintendent no later than September 15.
PROCEDURE OF APPLICATION
A teacher must file Form 408.1-F prior to enrolling in any class where college credit is desired by said teacher to be applied to horizontal movement on the salary schedule. The form must be filed with the Superintendent.
B. Non-Academic Programs
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.
Requests for attendance or participation in a development program, other than those development programs sponsored by the school district, is made to the superintendent. Approval of the superintendent must be obtained prior to attendance by a licensed employee in a professional development program when the attendance would result in the licensed employee being excused from their duties or when the school district pays the expenses for the program.
The superintendent 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 Superintendent.
The requirements stated in the Master Agreement/Staff Handbook between employees in that certified collective bargaining unit and the board regarding professional development of such employees will be followed.
Legal Reference: Iowa Code § 279.8; Ch.294 (2013).
281 I.A.C. 12.7.
Cross Reference: 414.9 Classified Employee Professional Purposes Leave
Materials created by licensed employees and the financial gain there from are the property of the school district if school materials and time were used in their creation and/or such materials were created in the scope of the licensed employee’s employment. The licensed employee must seek prior written approval of the superintendent concerning such activities.
Legal Reference: 17 U.S.C. § 101 et al.
Iowa Code § 279.8 (2012).
Cross Reference: 401.3 Employee Conflict of Interest
606.6 Student Production of Materials and Services
Every effort will be made by the licensed employees to help students with learning problems before recommending that the parents engage a tutor. Since there are exceptional cases when tutoring will help students overcome learning deficiencies, tutoring by licensed employees may be approved by the superintendent.
Licensed employees may only tutor students other than those for whom the teacher is currently exercising teaching, administrative or supervisory responsibility unless approved by the superintendent.
Tutoring for a fee may not take place within school facilities or during regular school hours unless approved by the superintendent.
Legal Reference: Iowa Code §§ 20.7; 279.8 (2013).
Cross Reference: 401.3 Employee Conflict of Interest
402.7 Employee Outside Employment
The board will determine the amount of vacation, holidays, and personal leave that will be allowed on an annual basis for licensed employees.
It shall be the responsibility of the superintendent to make a recommendation to the board annually on vacations, holidays, and personal leave for licensed employees.
The requirements stated in the Master Agreement/Staff Handbook between employees in that certified collective bargaining unit and the board regarding the vacations, holidays and personal leave of such employees shall be followed.
Legal Reference: Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (2013).
Cross Reference: 414.1 Classified Employee Vacations - Holidays - Personal Leave
601.1 School Calendar
Licensed employees will be granted eleven days of sick leave in their first year of employment. Each year thereafter, one additional day of sick leave will be granted to the licensed employees up to a maximum of sixteen days. "Day" is defined as one work day regardless of full-time or part-time status of the employee. A new employee will report for work at least one full work day prior to receiving sick leave benefits. A returning employee will be granted the appropriate number of days at the beginning of each fiscal year. Sick leave may be accumulated up to a maximum of 130 days for licensed employees.
Evidence may be required regarding the mental or physical health of the employee when the administration has a concern about the employee's health. Evidence may also be required to confirm the employee's illness, the need for the illness leave, the employee's ability to return to work, and the employee's capability to perform the duties of the employee's position. It is within the discretion of the board or the superintendent to determine the type and amount of evidence necessary. When an illness leave will be greater than three consecutive days, the employee will comply with the board policy regarding family and medical leave.
The requirements stated in the Master Agreement/Staff Handbook between employees in that certified collective bargaining unit and the board regarding the personal illness leave of such employees shall be followed. In the event of an emergency or unforeseen circumstance, the superintendent may authorize additional paid leave.
If an employee is eligible to receive workers’ compensation benefits, the employee shall contact human resources to implement these benefits.
Legal Reference: 29 U.S.C. §§ 2601 et seq.
29 C.F.R. Pt. 825
Iowa Code §§ 20; 85; 216; 279.40.
Whitney v Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394
(1942).
Cross Reference: 403.2 Employee Injury on the Job
409.3 Licensed Employee Family and Medical Leave
409.8 Licensed Employee Unpaid 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, a year is defined as a “rolling” 12-month period measured forward from the first-day leave is used, or measured backward from the date leave is used. Requests for family and medical leave shall 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 shall be the responsibility of the superintendent to develop administrative rules to implement this policy.
Legal Reference: Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).
29 U.S.C. §§ 2601 et seq. (2012)
29 C.F.R. Pt. 825 (2012).
Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2013).
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.
1952 Op. Att'y Gen. 91.
Cross Reference: 409.2 Licensed Employee Personal Illness Leave
409.8 Licensed Employee Unpaid Leave
414.3 Classified Employee Family and Medical Leave
In the event of a death of a member of a licensed employee's immediate family, bereavement leave may be granted. Bereavement leave may be granted to a licensed employee for no more than 5 days, with "day" being defined as one work day regardless of full-time or part-time status of the employee, per occurrence, for the death of a member of the immediate family. The immediate family includes child, spouse, parent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchild, stepchild, step grandchild, grandparent or any member of the immediate household of the employee.
No more than 1 day of bereavement leave per year will be granted for the death of a close friend or other relative not listed above.
It is within the discretion of the superintendent to determine the number of bereavement leave days to be granted.
The requirements stated in the Master Agreement/Staff Handbook between employees in that certified collective bargaining unit and the board regarding the bereavement leave of such employees shall be followed.
Legal Reference: Iowa Code §§ 20.9; 279.8 (2013).
Cross Reference: 409 Licensed Employee Vacations and Leaves of Absence
The board will provide a leave of absence to licensed employees to run for elective public office. The superintendent shall grant a licensed employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.
The licensed employee shall be entitled to one period of leave to run for the elective public office, and the leave may commence within thirty days of a contested primary, special, or general election and continue until the day following the election.
The request for leave must be in writing to the superintendent at least thirty days prior to the starting date of the requested leave.
Legal Reference: Iowa Code ch. 55 (2013).
Cross Reference: 401.9 Employee Political Activity
409 Licensed Employee Vacations and Leaves of Absence
The board shall allow licensed employees to be excused for jury duty unless extraordinary circumstances exist. The superintendent has the discretion to determine when extraordinary circumstances exist.
Employees who are called for jury service shall notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district. The employee shall report to work within one hour on any day when the employee is excused from jury duty during regular working hours.
Licensed employees will receive their regular salary. Any payment for jury duty will be paid to the school district.
Legal Reference: Iowa Code §§ 20.9; 607A (2013).
Cross Reference: 409 Licensed Employee Vacations and Leaves of Absence
The board recognizes licensed employees may be called to participate in the armed forces, including the national guard. If a licensed employee is called to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.
The leave is without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.
Legal Reference: Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
Iowa Code §§ 20; 29A.28 (2013).
Cross Reference: 409 Licensed Employee Vacations and Leaves of Absence
Unpaid leave may be used to excuse an involuntary absence not provided for in this or other leave policies of the board. Unpaid leave for licensed employees must be authorized by the superintendent.
The superintendent shall have complete discretion to grant or deny the requested unpaid leave. In making this determination, the superintendent shall consider the effect of the employee's absence on the education program and school district operations, length of service, previous record of absence, the financial condition of the school district, the reason for the requested absence and other factors the superintendent believes are relevant to making this determination.
If unpaid leave is granted, the duration of the leave period shall be coordinated with the scheduling of the education program whenever possible to minimize the disruption of the education program and school district operations.
Whenever possible, licensed employees shall make a written request for unpaid leave 10 days prior to the beginning date of the requested leave. If the leave is granted, the deductions in salary are made unless they are waived specifically by the superintendent.
The requirements stated in the Master Agreement/Staff Handbook between employees in that certified collective bargaining unit and the board regarding the unpaid leave of such employees shall be followed.
Legal Reference: Iowa Code §§ 20; 85; 85A; 85B; 279.12; 509; 509A; 509B (2013).
Cross Reference: 409 Licensed Employee Vacations and Leaves of Absence
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. Individuals whose names do not appear on this list will not be employed as a substitute without specific approval of the superintendent. It shall be the responsibility of the building principal to fill absences with substitute teachers immediately.
Substitute teachers will be paid a per diem rate. Substitutes employed for 10 or more consecutive days in the same position shall be paid according to the BA Lane Step 0 salary of the prevailing salary schedule. Substitutes employed for 20 or more consecutive days in the same position shall be paid according to the prevailing salary schedule based on qualifications and experience, however no more than 8 years of experience for a BA Degree and 10 years experience for a MA Degree shall be allowed. Substitute licensed employees are expected to perform the same duties as the licensed employees.
Legal Reference: Iowa Association of School Boards v. PERB, 400 N.W.2d 571 (Iowa 1987).
Iowa Code §§ 20.1, .4(5), .9; Ch.272 (2013).
281 I.A.C. 12.4.
Cross Reference: 405.1 Licensed Employee Defined
405.2 Licensed Employee Qualifications, Recruitment, Selection
It shall be within the discretion of the board to offer an education program during the summer recess. Licensed employees who volunteer or who are appointed to deliver the summer education program are compensated in addition to their regular duties during the school academic year, unless such arrangements are made prior to determining the employee's compensation for the year.
Should the board determine a summer education program is necessary, licensed employees will be given the opportunity to volunteer for the positions available. If the board determines a course must be offered and no licensed employee volunteers for the position, the board will make the necessary arrangements to fill the position. The board will consider applications from volunteers of current licensed employees in conjunction with other applications.
It shall be the responsibility of the superintendent to make a recommendation to the board regarding the need for and the delivery of the summer education program.
Legal Reference: Iowa Code §§ 279.8; 280.14 (2015).
Cross Reference: 505.2 Student Promotion-Retention-Acceleration
603.2 Summer School Instruction
The principal of each school building is to serve as the building's truancy officer.
When a student is truant, the principal/truancy officer shall investigate the cause of a student's truancy and attempt to ensure the student's attendance. The principal/truancy officer may take the student into custody. A student taken into custody will be placed in the custody of the principal. The principal/truancy officer will attempt to contact the student's parents when the student is taken into custody.
Legal Reference: Iowa Code §§ 299.10-.11, .15 (2013).
Cross Reference: 501.10 Truancy - Unexcused Absences
The board may employ education aides or other instructional support personnel to assist licensed personnel in non-teaching duties, including, but not limited to:
1. managing and maintaining records, materials and equipment;
2. attending to the physical needs of children; and
3. performing other limited services to support teaching duties when such duties are determined and directed by the teacher.
Education aides who hold a teaching certificate shall be compensated at the rate of pay established by the Master Contract for their position as an education aide. It shall be the responsibility of the principal to supervise education aides.
A person who holds a teaching certificate shall be considered a classified employee when employed as an education aide. The requirements stated in the Working Agreement between employees in that classified collecting bargaining unit and the board regarding the compensation of such employees will be followed.
Legal Reference: Iowa Code §§ 279.8; 280.3, .14 (2013).
281 I.A.C. 12.4(9); .5(9).
Cross Reference: 411.2 Classified Employee Qualifications, Recruitment, Selection
On an annual basis, when actual student participant numbers in the middle school activities listed below reach 20 or above, the current contracted middle school head coach shall request an assistant to assist with coaching and supervision. The assistant coach percentage of pay will be two percentage points less than the listed Schedule B middle school head coach percentage for the same activity (see table). The contract for the assistant middle school coach will be for one year in length and end at the conclusion of the current school year.
|
Middle School Activity |
Current Head Coach |
Assistant Coach |
|
Basketball |
7% |
5% |
|
Cross Country |
6% |
4% |
|
Football |
7% |
5% |
|
Soccer |
7% |
5% |
|
Softball |
6% |
4% |
|
Track |
7% |
5% |
|
Volleyball |
7% |
5% |
|
Wrestling |
7% |
5% |
Legal Reference: Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2013)
Cross Reference: 406.1 Licensed Employee Salary Schedule
406.2 Licensed Employee Salary Schedule Advancement
Classified employees are employees who are not administrators or employees in positions which require an Iowa Department of Education teaching license and who are employed to fulfill the duties listed on their job description on a monthly or hourly basis. Classified employees will include, but not be limited to, teacher and classroom paraprofesional, custodial and maintenance employees, clerical employees, food service employees, bus drivers, and temporary help for summer or other maintenance. The position may be full-time or part-time.
It is the responsibility of the superintendent to establish job specifications and job descriptions for classified employee positions. Job descriptions may be approved by the board.
Classified employees required to hold a license for their position must present evidence of their current license to the Human Resource Coordinator prior to payment of wages each year.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the definition of such employees will be followed.
Legal Reference: Iowa Code §§ 20; 279.8 (2013).
Cross Reference: 405.1 Licensed Employee Defined
411.2 Classified Employee Qualifications, Recruitment, Selection
412.3 Classified Employee Group Insurance Benefits
Persons interested in a classified employee position shall have an opportunity to apply and qualify for classified employee positions in the school district without regard to age, race, creed, color, gender identity, sexual orientation, marital status, national origin, gender, religion or disability. Job applicants for classified employee 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 or other license or certificate, if required, for the position.
Announcement of the position shall be through means the superintendent believes shall inform potential applicants about the position. Applications for employment may be obtained from and completed applications shall be returned to the central administration of office or any of the district's school buildings. Whenever possible, the preliminary screening of applicants shall be conducted by the administrator who directly supervises and oversees the position.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding qualifications, recruitment and selection of such employees shall be followed.
The superintendent shall recommend employment of classified employees to the board for approval.
Legal Reference: 29 U.S.C. §§ 621-634 (2012).
42 U.S.C. §§ 2000e et seq. (2012)
42 U.S.C. §§ 12101 et seq. (2012)
Iowa Code §§ 35C; 216; 279.8; 294.1 (2013).
Cross Reference: 401.1 Equal Employment Opportunity
411 Classified Employees - General
The board may enter into written contracts with classified employees employed on a regular basis, or as required by law. The contract will state the terms of employment.
Each contract will include a 14 day cancellation clause. Either the employee or the board must give notice of the intent to cancel the contract at the end of 14 days. This notice will not be required when the employee is terminated during a probationary period or for cause.
Classified employees shall receive a job description stating the specific performance responsibilities of their position.
It is the responsibility of the superintendent to draw up and process the classified employee initial contract and present them to the board for approval. All contracts, after being signed by the board president, are filed with the board secretary.
The requirements stated in the Master Contract between employees in that classified collective bargaining unit and the board regarding contracts shall be followed.
Legal Reference: Iowa Code §§ 20; 279.7A; 285.5(9) (2013).
Cross Reference: 411 Classified Employees - General
412.1 Classified Employee Compensation
412.2 Classified Employee Wage and Overtime Compensation
413 Classified Employee Termination of Employment
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 and by the Iowa Department of Education for the position.
The requirements stated in the Master Contract between employees in that classified collective bargaining unit and the board regarding licensing/certification shall be followed.
The superintendent shall be responsible for administrative regulations regarding this policy.
Legal Reference: Iowa Code §§ 272.6; 285.5(9) (2013).
281 I.A.C. 12.4(10); 36; 43.12-.24.
Cross Reference: 411.2 Classified Employee Qualifications, Recruitment, Selection
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 and by the Iowa Department of Education for the position.
The requirements stated in the Master Agreement/Staff Handbook between employees in that classified collective bargaining unit and the board regarding licensing/certification shall be followed.
The superintendent shall be responsible for administrative regulations regarding this policy.
Legal Reference: Iowa Code §§ 272.6; 285.5(9) (2013).
281 I.A.C. 12.4(10); 36; 43.12-.24.
Cross Reference: 411.2 Classified Employee Qualifications, Recruitment, Selection
Determining the location where the assignment of classified employees will be performed is the responsibility of the superintendent. In making such assignments each year the superintendent shall consider the qualifications of each classified employee and the needs of the school district.
A transfer may be initiated by the employee, the principal or the superintendent.
The requirements stated in the Master Agreement/Staff Handbook between employees in that certified collective bargaining unit and the board regarding transfers of such employees shall be followed.
It shall be the responsibility of the superintendent to transfer classified employees and report such transfers to the board.
Legal Reference: 29 U.S.C. §§ 621-634 (2012).
42 U.S.C. §§ 2000e et seq. (2012)
42 U.S.C. §§ 12101 et seq. (2012).
Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1 (2013).
Cross Reference: 411.2 Classified Employee Qualifications, Recruitment, Selection
411.5 Classified Employment Assignment
Evaluation of classified employees on their skills, abilities, and competence is an ongoing process supervised by the superintendent. The goal of the formal evaluation of classified employees is to maintain classified employees who meet or exceed the board's standards of performance, to clarify each classified employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.
It is the responsibility of the superintendent to ensure classified employees are formally evaluated every other year. New and probationary classified employees are formally evaluated prior to the end of their probationary period.
The requirements stated in the Master Contract between employees in that classified collective bargaining unit and the board regarding transfers of such employees shall 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 (2013).
281 I.A.C. 12.3(4).
Cross Reference: 411.2 Classified Employee Qualifications, Recruitment, Selection
411.8 Classified Employee Probationary Status
The first 90 days of a newly employed classified employee's contract shall be a probationary period. "Day" is defined as one work day regardless of full-time or part-time status of the employee. New employees, regardless of experience, shall be subject to this probationary period.
"New" employees includes individuals who are being hired for the first time by the school district and those who may have been employed by the school district in the past, but have not been employed by the board during the school year prior to the one for which contracts are being issued.
Only the board, in its discretion, may waive the probationary period.
The requirements stated in the Master Agreement/Staff Handbook between employees in that classified collective bargaining unit and the board regarding probationary status shall be followed.
Legal Reference: Iowa Code §§ 20; 279.8 (2013).
Cross Reference: 411.3 Classified Employee Contracts
411.7 Classified Employee Evaluation
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.
The requirements stated in the Master Contract between employees in that classified collective bargaining unit and the board regarding employee compensation of such employees shall be followed.
It shall be 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 (201322).
Cross Reference: 411.3 Classified Employee Contracts
412.2 Classified Employee Wage and Overtime Compensation
Each non-exempt employee compensated on an hour-by-hour basis, whether full-or part-time, permanent or temporary, will be paid no less than the prevailing minimum wage. Whenever a non-exempt employee must work more than forty hours in a given work week, the employee shall be compensated at one and one-half times their regular hourly wage rate. This compensation shall be in the form of overtime pay or compensatory time. Overtime will not be permitted without prior authorization of the superintendent or designee.
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.
The requirements stated in the Master Agreement/Staff Handbook between employees in that classified collective bargaining unit and the board regarding wage and overtime compensation of such employees shall be followed.
It is the responsibility of the Business Manager to maintain wage records.
Legal Reference: Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985).
29 U.S.C. §§ 206 et seq. (2012).
29 C.F.R. Pt. 511-800 (2012).
Cross Reference: 411.3 Classified Employee Contracts
412.1 Classified Employee Compensation
Classified employees may be eligible for group insurance benefits as determined by the board and required by law. The board will select the group insurance program and the insurance company which will provide the program.
In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer classified employees, who work an average of at least 30 hours per week or 130 hours per month, based on the measurement method adopted by the board, with minimum essential coverage that is both affordable and provides minimum value. The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees.
Classified employees, who work an average of at least 30 hours per week or 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 per week are eligible to participate in group insurance plans. Employers should maintain documents regarding eligible employee’s 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 per for benefits other than health) who wish to 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. The board will have the authority and right to change or eliminate group insurance programs for its classified employees.
The requirements stated in the Master Agreement/Staff Handbook between employees in that classified collective bargaining unit and the board regarding employee group insurance benefits shall be followed.
Legal Reference: Iowa Code §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B (2011).
Cross Reference: 411.1 Classified Employee Defined
The board authorizes the administration to make a payroll deduction for classified employees' tax-sheltered annuity premiums purchased from a company or program chosen by the board and collective bargaining units.
The requirements stated in the Master Agreement/Staff Handbook between employees in that classified collective bargaining unit and the board regarding employee tax shelter programs shall be followed.
Classified employees wishing to have payroll deductions for tax-sheltered annuities shall make a written request on the form provided to the business manager.
Legal Reference: Small Business Job Protection Act of 1996, Section 1450(a), repealing portions of IRS REG § 1.403(b)-1(b)(3).
Iowa Code §§ 20.9; 260C; 273; 294.16 (2013).
1988 Op. Att'y Gen. 38.
1976 Op. Att'y Gen. 462, 602.
1966 Op. Att'y Gen. 211, 220.
Cross Reference: 706 Payroll Procedures
Classified employees who wish to resign during the school year will give the board notice of their intent to resign and final date of employment and cancel their contract fourteen days prior to their last working day.
Notice of the intent to resign shall be in writing to the superintendent.
Legal Reference: Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9) (2013).
Cross Reference: 411.3 Classified Employee Contracts
413 Classified Employee Termination of Employment
Classified employees who will complete their current contract with the board may apply for retirement. No classified employee shall be required to retire at any specific age.
Application for retirement shall be considered made when the classified employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board if applicable, the employee's intent to retire. The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent.
Board action to approve a classified employee's application for retirement is final, and such action constitutes termination of the employee's contract effective the day of the employee's retirement.
Classified employees and their spouse and dependents who have group insurance coverage through the school district may be allowed to continue coverage of the school district's group health insurance program, at their own expense, by meeting the requirements of the insurer.
Legal Reference: 29 U.S.C. §§ 621 et seq. (2012).
Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46 (2013).
1978 Op. Att'y Gen. 247.
1974 Op. Att'y Gen. 11, 322.
Cross Reference: 412 Classified Employee Compensation and Benefits
413 Classified Employee Termination of Employment
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.
The requirements stated in the Master Agreement/Staff Handbook between employees in that classified collective bargaining unit and the board regarding employee suspension shall be followed.
Legal Reference: Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (Iowa 1987).
McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).
Iowa Code §§ 20.7, .24 (2013).
Cross Reference: 404 Employee Conduct and Appearance
413 Classified Employee Termination of Employment
The board believes classified employees should perform their jobs, respect board policy and obey the law. A classified employee may be dismissed upon seven days notice or immediately for cause. Due process procedures will be followed.
A classified employee may be dismissed for any reason, including, but not limited to, incompetence, willful neglect of duty, reduction in force, willful violation of board policy or administrative regulations, or a violation of the law.
The requirements stated in the Master Contract between employees in that classified collective bargaining unit and the board regarding employee dismissal shall be followed.
Legal Reference: Iowa Code §§ 20.7, .24 (2013).
Cross Reference: 404 Employee Conduct and Appearance
413.3 Classified Employee Suspension
413.5 Classified Employee Reduction in Force
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.
The requirement stated in the Master Agreement/Staff Handbook between employees in that classified collective bargaining unit and the board regarding employee reduction in force shall be followed.
The superintendent will consider the relative qualifications, skills, ability and demonstrated performance through evaluation procedures in making the recommendations.
Legal Reference: Iowa Code §§ 20.7, .24 (2013).
Cross Reference: 407.5 Licensed Employee Reduction in Force
413.3 Classified Employee Suspension
413.4 Classified Employee Dismissal
703 Budget
The Board of Education of the Mid-Prairie Community School District may deem it appropriate to provide an early retirement incentive to classified employees of extended tenure who opt to separate from the district pursuant to this program. The purpose of this program is to provide the district's employees with the option and opportunity for early separation from their employment with the district. This early separation program is designed to show the district's appreciation for the services an employee has rendered to the district and to aid the employee in his or her transition from public service to retirement.
The board has the option to review the feasibility of this program annually. By December 15 of each year, the board will determine the maximum number of employees who will be eligible to receive benefits under this policy’s provisions at the end of the current contract year and the amount of the benefit. The board has the right to limit this benefit to certain job classifications. The board's decision may take into consideration the district's financial needs, staffing considerations, student enrollment and possible contract savings.
1. Eligibility
The school district offers an early retirement plan for full-time classified employees. Full-time classified employees are classified employees who work 40 hours per week and who are currently performing their assigned duties within the school district. A classified employee is eligible under the early retirement plan when the classified employee:
a. Has reached the age of 60 on or before June 30 of the year in which the classified employee wishes to retire and has 20 years of total consecutive experience in the Mid-Prairie Community School District. Board approved leave shall not be considered an interruption when calculating consecutive service.
b. Submits an application to the superintendent for participation in the plan on or before January 30 of the year in which the classified employee wishes to retire. Applications submitted after January 30 may be considered at the discretion of the board depending on the circumstances for the late application;
c. Submits a written resignation. The resignation may be contingent upon approval by the board of participation in the voluntary early retirement plan; and,
d. Receives board approval of the classified employee's application for participation in the early retirement plan, of the classified employee's resignation and of the disbursement of the early retirement incentive to the classified employee.
Employees will not qualify for this early separation program if:
a. They are scheduled for layoff or staff reduction;
b. They have received an official notice of layoff or termination;
c. They are subject to termination pursuant to Iowa Code Sections §279.15, §279.24, §279.25 or §279.29; or
d. They are on disability leave.
Approval by the board of the classified employee's early retirement application shall constitute a voluntary resignation. Failure of the board to approve the classified employee's early retirement application will make the classified employee's current contract with the board continue in full force and effect.
2. Contribution toward Health Insurance
An employee who applies, qualifies and is accepted for the Mid-Prairie Community School District Early Separation Program shall receive a set amount per month toward district health insurance up until the time the employee qualifies for Medicare. The amount of the benefit will be determined prior to December 15 of the current contract year for employees retiring at the end of the current school year.
In the event this Early Separation Program is altered or discontinued, persons who separated from the district under this program will continue to receive benefits under this program as authorized by the Board of Education in accepting the employee's letter of resignation.
3. Termination at Death
An employee's right to receive benefits under the Mid-Prairie Community School District's Early Separation Program shall terminate on the death of the employee and neither his or her estate, heirs, successors or assigns shall be entitled to any further benefits under the Mid-Prairie Community School District's Early Separation Program notwithstanding the fact the employee may not have received all of the benefits to which he or she would have been entitled had he or she lived.
4. Additional Conditions
The adoption of this program shall not vest any rights in any employee whether or not the employee is currently eligible for early separation. The board shall have the complete discretion to amend or repeal this program at any time when in the judgment of the board the district no longer realizes economic benefit from this program or otherwise determines that the program is not in the best interest of the district. Furthermore, the district shall not be obligated to provide any of the benefits to any employee after the date of such amendment or repeal, except to those employees whose early separation pursuant to this program has commenced prior to the amendment or repeal.
Employees who elect to participate in this program shall be eligible to be re-hired in any capacity with the Mid-Prairie Community School District; however, the Mid-Prairie Community School District shall not be required to accept an application for employment from an employee who elects to participate in the district's Early Separation Program, provided, however, that at the sole discretion of the Superintendent, the district may employ persons who elected to participate in the district's Early Separation Program as substitutes. Each employee who elects to participate in the district's Early Separation Program must specifically agree to hold the district harmless and indemnify it if the employee attempts to submit an employment application or otherwise attempts to be re-employed with the district. If an individual who elects to participate in the program is subsequently employed by the Mid-Prairie Community School District as a full time employee (substitutes and coaches excluded) the benefits of the district’s Early Separation Program shall immediately cease.
Legal Reference: 29 U.S.C. §§ 621 et seq. (1988).
Senate File 2366, 77th General Assembly, 2nd Reg. Sess. (1998).
Iowa Code §§ 97B; 216; 279.46; 509A.13 (2005).
581 I.A.C. 21.
1978 Op. Attty Gen. 247.
1974 Op. Att'y Gen. 11, 322.
The board shall determine the amount of vacation, holidays and personal leave that will be allowed on an annual basis for classified employees.
Classified employees shall be paid only for the hours they would have been scheduled for the day. Vacation shall not be accrued from year to year without a prior arrangement with the superintendent.
The requirements stated in the Master Contract between employees in that classified collective bargaining unit and the board regarding vacations, holidays and personal leave shall be followed.
Legal Reference: Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (2013).
Cross Reference: 409.1 Licensed Employee Vacations - Holidays - Personal Leave
601.1 School Calendar
Classified employees are granted eleven days of sick leave in their first year of employment. Each year thereafter, one additional day of sick leave will be granted to the employees up to a maximum of sixteen days. "Day" is defined as one work day regardless of full-time or part-time status of the employee. A new employee shall report for work at least one full work day prior to receiving sick leave benefits. A returning employee will be granted the appropriate number of days at the beginning of each fiscal year. Sick leave may be accumulated up to a maximum of 130 days for classified employees.
Evidence may be required regarding the mental or physical health of the employee including, but not limited to, confirmation of the following: the illness of the employee, the need for the leave, the ability to return to work, and the capability to perform the duties of the employee's position. It shall be within the discretion of the board and the superintendent to determine the type and amount of evidence necessary. When sick leave will be greater than three consecutive days, the employee shall comply with board policy regarding family and medical leave.
The requirements stated in the Master Contract between employees in that classified collective bargaining unit and the board regarding the personal illness leave of such employees shall be followed.
If an employee is eligible to receive workers' compensation benefits, the employee shall contact the Human Resource Coordinator to implement these benefits.
Legal Reference: Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
26 U.S.C. §§ 2601 et seq. (2012)
29 C.F.R. Pt. 825 (2012).
Iowa Code §§ 20; 85.33, .34, .38(3); 279.40 (2013).
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.
1952 Op. Att'y Gen. 91.
Cross Reference: 403.2 Employee Injury on the Job
414.3 Classified Employee Family and Medical Leave
414.8 Classified Employee Unpaid Leave
Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life. For purposes of this policy, year is defined as a "rolling" 12 month period measured forward from the first day leave is used, or measured backward from the date leave is used. Requests for family and medical leave shall 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 shall be the responsibility of the superintendent to develop administrative rules to implement this policy.
Legal Reference: Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).
26 U.S.C. §§ 2601 et seq. (2012)
29 C.F.R. Pt. 825 (2012).
Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2013).
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.
1952 Op. Att'y Gen. 91.
Cross Reference: 409.2 Licensed Employee Personal Illness Leave
409.8 Licensed Employee Unpaid Leave
409.3 Licensed Employee Family and Medical Leave
In the event of a death of a member of a classified employee's immediate family, bereavement leave may be granted. Bereavement leave granted may be for a maximum of 5 days, with "day" being defined as one work day regardless of full-time or part-time status of the employee, per occurrence, for the death of a member of the immediate family. The immediate family includes child, spouse, parent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchild, step grandchild, grandparent, grandparent in-law and immediate household of the employee.
No more than 1 day of bereavement leave per occurrence will be granted for the death of a close friend or other relative not listed above.
It shall be within the discretion of the superintendent to determine the number of bereavement leave days to be granted.
The requirements stated in the Master Contract between employees in that classified bargaining unit and the board regarding bereavement leave shall be followed.
Legal Reference: Iowa Code §§ 20.9; 279.8 (2013).
Cross Reference: 414 Classified Employee Vacations and Leaves of Absence
The board will provide a leave of absence to classified employees to run for elective public office. The superintendent will grant a classified employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.
The classified employee shall be entitled to one period of leave to run for the elective public office, and the leave may commence any time within thirty days of a contested primary, special, or general election and continue until the day following the election.
The request for leave must be in writing to the superintendent at least thirty days prior to the starting date of the requested leave.
The requirements stated in the Master Contract between employees in that classified collective bargaining unit and the board regarding political leave shall be followed.
Legal Reference: Iowa Code ch. 55 (2013).
Cross Reference: 401.9 Employee Political Activity
414 Classified Employee Vacations and Leaves of Absence
The board will allow classified employees to be excused for jury duty unless extraordinary circumstances exist. The superintendent has the discretion to determine when extraordinary circumstances exist.
Employees who are called for jury service shall notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district. The employee shall report to work within one hour on any day when the employee is excused from jury duty during regular working hours.
Classified employees will receive their regular salary. Any payment for jury duty is turned over to the school district.
The requirements stated in the Master Contract between employees in that classified collective bargaining unit and the board regarding jury duty leave shall be followed.
Legal Reference: Iowa Code §§ 20.9; 607A (2013).
Cross Reference: 414 Classified Employee Vacations and Leaves of Absence
The board recognizes classified employees may be called to participate in the armed forces, including the national guard. If a classified employee is called to serve in the armed forces, the employee will have a leave of absence for military service until the military service is completed.
The leave is without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.
The requirements stated in the Master Contract between employees in that classified collective bargaining unit and the board regarding military service leave shall be followed.
Legal Reference: Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
Iowa Code §§ 20; 29A.28 (2013).
Cross Reference: 414 Classified Employee Vacations and Leaves of Absence
Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies. Unpaid leave for classified employees must be authorized by the superintendent.
Whenever possible, classified employees shall make a written request for unpaid leave ten days prior to the beginning date of the requested leave. If the leave is granted, the deductions in salary are made unless they are waived specifically by the superintendent.
The superintendent or his/her designee shall have complete discretion to grant or deny the requested unpaid leave. In making this determination, the superintendent shall consider the effect of the employee's absence on the education program and school district operations, the financial condition of the school district, length of service, previous record of absence, the reason for the requested absence and other factors the superintendent believes are relevant in making this determination.
If unpaid leave is granted, the duration of the leave period is coordinated with the scheduling of the education program whenever possible, to minimize the disruption of the education program and school district operations.
The requirements stated in the Master Contract between employees in that classified collective bargaining unit and the board regarding unpaid leave shall be followed.
Legal Reference: Iowa Code §§ 20.9; 279.8 (2013).
Cross Reference: 414 Classified Employee Vacations and Leaves of Absence
Professional purposes leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments. Application for the leave must be presented to the superintendent prior to the meeting or conference.
It is within the discretion of the superintendent or his/her designee to grant professional purposes leave. The leave may be denied on the day before or after a vacation or holiday, on special days when services are needed, when it would cause undue interruption of the education program and school district operations, or for other reasons deemed relevant by the superintendent or his/her designee.
The requirements stated in the Master Contract between employees in that classified collective bargaining unit and the board regarding professional purposes leave shall be followed.
Legal Reference: Iowa Code § 279.8 (2013).
281 I.A.C. 12.7.
Cross Reference: 411 Classified Employees - General
408.1 Classified Employee Professional Development