Licensed personnel, including administrators, are those school district employees who need to hold appropriate licensure as required by Iowa Code 272, Rules of the State Board of Educational Examiners, and the accreditation standards of the State Department of Education.

It shall be the responsibility of the superintendent/designee to establish job specifications and job descriptions for licensed personnel positions, other than the position of the superintendent.

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

Legal Reference:  PERB v Iowa State Board of Public Instruction, 216 N.W.2d 339 (Iowa 1974).
                                      Clay v Independent School District of Cedar Falls, 187 Iowa 89, 174 N.W. 47(1919).
                                      Slone v Berlin, 88 Iowa 205, 55 N.W. 341 (1893).
                                      Iowa Code §§256.7(3), 260.6, .23, 294.1, .2 (1991).
                                      281 Iowa Admin. Code 12.4.
                                     1940 Op. Att’y Gen. 375.

Cross Reference:  405.2   Licensed Personnel Recruitment, Qualifications, Selection
                                      411.2    Support Personnel Recruitment, Qualifications, Selection

Approved:  3-31-92              
Reviewed:  10-10-22            
Revised:  7-14-95, 8-09-99

Persons interested in a licensed position, other than administrative positions which will be

employed in accordance with board policies in Series 300, “Administration,” will have an opportunity to apply and qualify for licensed positions in the school district in accordance with applicable laws and school district policies regarding equal employment.  Job applicants for licensed positions will be considered on the basis of the following:

• Training, experience, and skill;
• Nature of the occupation;
• Demonstrated competence; and
• Possession of, or ability to obtain, state license if required for the position.

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

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

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

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

Approved:  3-31-92              
Reviewed:  10-10-22, 2-12-24
Revised:  10-10-16, 2-12-18

The board will enter into a written contract with licensed employees employed on a regular basis. 

It shall be the responsibility of the board secretary, on behalf of the superintendent, to complete the contracts for licensed personnel.  All new licensed staff contracts will be presented to the board for approval.  The contracts, after being signed by the board president, shall be filed with the board secretary.

This policy applies to licensed personnel other than administrators.

Legal Reference:  Harris v Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).
                                      Schackelford v District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 4647 (1927).
                                      Burkhead v Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1899).
                                      Iowa Code Chapters 20 and 279, §294.1 (1991).

Cross Reference:  203     Board of Directors Member Conflicts of Interest
   405.2  Licensed Personnel Qualifications, Recruitment, Selection
   407     Licensed Personnel Termination of Employment
   411.2  Support Personnel Qualifications, Recruitment, Selection

Approved:  3-31-92              
Reviewed:  10-10-22            
Revised:  8-09-99, 10-14-13

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 §§272, 279.

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

Approved:  3-31-92              
Reviewed:  10-10-22            
Revised:  7-14-95, 8-09-99, 1-08-18

The work day for licensed employees will begin each day of the school year at a time established by the superintendent.  Licensed employees who are employed only during the academic year will 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.  On Fridays and days preceding holidays or vacation periods, the work day shall end fifteen (15) minutes after the students are dismissed.

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

The building principal is authorized to make changes in the work day in order to facilitate the education program.  These changes are 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.

Legal Reference:  Iowa Code §§ 20; 279.8.

Cross Reference:  200.2    Powers of the Board of Directors            

Approved:  3-31-92              
Reviewed:  10-10-22            
Revised:  8-09-99, 6-10-02, 10-08-07, 2-12-18

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

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

Legal Reference:  Iowa Code §§20; 279.8.

Cross Reference:  200.2    Powers of Board of Directors     

Approved:  3-31-92              
Reviewed:  10-10-22                   
Revised:  6-10-02, 2-12-18

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

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

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

Legal Reference:  Iowa Code §§20; 216.14; 279.8

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

Approved:  3-31-92              
Reviewed:  10-10-22             
Revised:  2-12-18

Evaluation of licensed employees on their skills, abilities, and competence is an ongoing process supervised by the building principal 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 each 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.

Legal Reference:  Iowa Code §§20.9; 279; 284; 294.
          Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).
          Saydel Education Association. v PERB, 333 N.W.2d 486 (Iowa 1983).
          281 I.A.C. 83; 12.3.

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

Approved:  3-31-92              
Reviewed:  10-10-22, 2-12-24
Revised:  6-10-02, 2-12-18

The first three consecutive years of a licensed employee’s contract is a probationary period unless the employee has already successfully completed the probationary period in an Iowa school district.  New employees who have successfully completed a probationary period in a previous Iowa school district will serve a two year probationary period.  For purposes of this policy, an employee will have met the requirements for successfully completing a  probationary period in another Iowa school district if, at the teacher’s most recent performance evaluation, the teacher received at least a satisfactory or better evaluation and the individual has not engaged in conduct which would disqualify the teacher for a continuing contract.

Only the board, in its discretion, may waive the probationary period.  The board may extend the probationary period  for one additional year with the consent of the licensed employee. The board will make the decision to extend or waive a licensed employee’s probationary status based upon the superintendent’s recommendation.  During this probationary period the board may terminate the licensed employee’s contract at the end of the year without cause or immediately discharge the employee consistent with applicable law and board policies. 

Legal Reference:  Iowa Code §§279

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

Approved:  3-31-92              
Reviewed:  10-10-22            
Revised:  8-09-99, 10-14-13, 1-08-18

Licensed personnel who qualify may join the Bennett Education Association and participate in its activities as long as the participation does not, in any way, interfere with the delivery of and the provision of the educational program and school district operations.

The superintendent shall have sole discretion to determine whether association activities interfere with the educational program and school district operations.  Association individuals must follow the board policy stating the requirements by the public when planning to use, or using, school property for association purposes.

The board shall not interfere with the rights of an employee to organize or form, join, or assist any employee organization.

Legal Reference:  Iowa Code §§20.1, .8, .10, 273.1, 279.8 (1991).

Cross Reference:  408    Licensed Personnel Professional Growth

Approved:  3-31-92              
Reviewed:  10-10-22            
Revised: