BOARD POLICIES

POLICIES

This site contains the official board policies for the board of directors of the Bennett Community School District. Policy development is a dynamic, ongoing process. New problems, issues, and needs give rise to the continuing need to develop new policies or to revise existing ones.

How To Use This Policy Manual
The Bennett Community School District operates according to policies established by its board of directors. The board develops policies after careful deliberation, and the school administration implements them through specific regulations and procedures. The board reviews and evaluates its policies and makes revisions as necessary.

The manual is organized according to a numeric codification system. There are ten major classifications bearing a numeric Series Code.

        100    SCHOOL DISTRICT
        200    BOARD OF DIRECTORS
        300    DISTRICT ADMINISTRATION
        400    PRINCIPALS FOR EMPLOYEES
        500    STUDENTS
        600    EQUAL EDUCATIONAL OPPORTUNITIES
        700    SCHOOL NUTRITION PROGRAM
        800    BUSINESS PROCEDURES
        900    BUILDING AND SITES
        1000 COMMUNITY RELATIONS

How To Find A Policy
There are two ways to find a policy. The first is to click on "Board Policies" header to expand the list, and then navigate to a particular Series and then review the list of policies included under each Series. To view the policy, just click on the policy name in the menu on the left.

The second way to find a policy is to search for a policy number, keyword or phrase in the Search box in the upper right-hand corner of this site. It will show results that may match your search word or phrase. Then click on an individual search result item to review.

How To Read The Signs And Symbols
A variety of signs and symbols are used in concert with the numeric codification system. These are explained below:

-R - This symbol following a policy code number indicates the statement is an administrative regulation rather than a board policy.
-E - This symbol following a policy code number indicates the statement is an exhibit rather than a board policy.
Legal Reference - This sign indicates the legal references. They tell the user where the user may find the statutes, case law, attorney general opinions, or administrative rules that give authority to a policy.
Cross Reference - Many policies in the manual relate to other policies in the manual. Cross references are provided to assist the user in finding all of the related policies.

Inquiries
Inquiries about the policies included in this manual may be directed to the board members or to the Superintendent by telephone at (563) 890-2226 or by writing the school district at 300 Cedar Street, Bennett, IA 52721.

Jen@iowaschool… Thu, 09/19/2019 - 12:29

100 - SCHOOL DISTRICT

100 - SCHOOL DISTRICT Jen@iowaschool… Fri, 06/07/2024 - 08:17

100 - Legal Status of the School District

All powers not specifically granted to the federal government are reserved for the states. Iowa’s Constitution authorizes the creation of a Common Schools System. As part of this Common Schools System, this school district is a school corporation created and organized under Iowa law. This school district shall be known as the BENNETT COMMUNITY SCHOOL DISTRICT.

This school corporation is located in Cedar and Scott counties, and its affairs are conducted by locally elected school officials, the Bennett Community School District Board of Directors. This school corporation has exclusive jurisdiction over school matters in the territory of the school district.

Legal Reference: Iowa Constitution, Art. XI, §§1, 8, 12
Iowa Code §§274.1, .2, .6, .7, 275.35, 277.23, 278.1 (10), 279.8 (1991)

Cross Reference: 200 Legal Status of the Board of Directors

Approved: 1-14-91
Reviewed: 6-12-23
Revised: 3-8-99

dawn.gibson.cm… Fri, 06/21/2024 - 12:38

101 - Educational Philosophy of the School District

The Bennett Community School’s philosophy of education is one which believes that the school ranks second only to the parents and the home as an institution which helps each individual child to develop their mental, emotional, social and physical abilities and capacities; and to help them develop wholesome attitudes, including tolerance toward themselves, their fellow students, their home and their country. This child development is a continuous process, beginning at birth and continuing throughout life. For this reason, the child can expect the school to help them to: develop and maintain a healthy body and a well-balanced personality, help them develop the basic learning skills, develop an understanding and an appreciation of the natural and social work world, participate happily and helpfully in home and community life, work and play with others, and enjoy the use of music, art, literature, and handicrafts for a more wholesome life.

The Board believes that it is a responsibility of the school to provide maximum learning opportunities for all the educable children of school age in the community, and for adult members of the community when such opportunities are desired by reasonable number of persons.

The Board believes that, so far as is administratively and economically feasible, each student should be treated as an individual with their own particular capabilities, aptitudes, and personality. The student should be an active participant in the learning process, and not simply a passive absorber of knowledge. They should learn where to look for and how otherwise to acquire information in order that their informal education may continue.

It is the function of the educational process to provide each student with opportunities for obtaining the knowledge, experience, and skills which careful individual study indicates will best prepare them to assume a position in the competitive adult society which will permit them to make their greatest individual positive contribution to society and to themselves. For some students, this will mean thorough preparation for further formal education. For others, it will mean basic general information plus the attainment of certain vocational skills and experience.

The Board believes each student, regardless of whether they choose a vocation or further formal education, should have satisfactorily completed a basic course of study as outlined in the current Board policy before being awarded a high school diploma.

The Board further believes that these results can be accomplished through democratic cooperation in the broadest sense of the word. To have this kind of cooperation, we believe that we should have teachers who will meet these standards:

A. We want teachers who regard their work as a real profession.

B. We want teachers who are willing to work.

C. We want teachers who are willing to grow by reading current professional literature, affiliating with professional organizations,
attending and contributing to teachers’ meetings.

D. We want teachers who will avail themselves of the local in-service training programs.

E. We want teachers who are interested in our school as a whole not merely one grade, subject, or activity.

F. We want teachers who understand that they must constantly be alive educationally to know which of the old to discard, and which of
the new to accept.

G. We want teachers who will become a part of the life of our community.

Legal Reference: Iowa Code §§256.11, 279.8, .12, 280.1-.17 (1991)
281 Iowa Admin. Code 12.5(5)

Cross Reference: 104 Equal Educational Opportunity
200 Legal Status of the Board of Directors

Approved: 12-14-67
Reviewed: 6-12-23
Revised: 3-8-99

dawn.gibson.cm… Fri, 06/21/2024 - 12:39

102 - Educational Objectives

I. OUR FRAME OF REFERENCE

It is believed that, in establishing and supporting a school system for all children of all the people, the people want the school as a public institution to provide insofar as possible:

A well qualified and efficient corps of teachers of such character that if a child should become like any one of the teachers, the parents and others would be proud of the child.
Physical plant and equipment adequate to meet the most exciting needs of every learner, the like of which separate families could not provide.
Experience for effective learning, the like of which the best home alone could not provide.
An educational leadership which courageously and ably leads to be continuous.

II. OBJECTIVES OF EDUCATION IN THE BENNETT COMMUNITY SCHOOL DISTRICT

The Bennett Community School District is looked upon as an ever-changing social community where young people live. Here they are provided opportunities to determine and to work toward goals that are purposeful and significant to them. They are given experience which is designed to develop their talents and characteristics and which are essential to a wholesome child life. Subject manner thought of in terms of units of living and learning.

We believe that in every experience the whole child must be considered; the mental, physical, moral, emotional, and social being.

In teaching, as in parenthood, we must start where the child is. We must provide challenges for the child according to their abilities. We should not expect all children to develop at the same rate. The school program must be adjusted to the child’s needs, abilities, and rate of growth.

A. Objectives of Human Relationships

In order to develop in children, attitudes and proficiencies for wholesome human relationships, it is essential:

1. To develop cooperative understandings and effort in work and play with others.

2. To provide enjoyable experiences which will produce for them wholesome, sincere friendships among their follow students and teachers.

3. To develop the realization that family relationships influence the manner in which an individual conducts one’s self in a group, since consideration for others is the core of good living, and since the family is the basic institution of our society.

4. To help cultivate an appreciation and regard for the inter-relationships of the individuals and groups in the home, the schools, the community, the state, the nation, and the world in preparing for living the DEMOCRATIC WAY OF LIFE.

B. Objectives of Self-Realization

In order that our children may become all that their talents promise for them, it is essential:

1. To supply experiences that will create a desire to learn and a desire to search for truth.

2. To teach how to read and to write effectively, and to speak the English language clearly.

3. To assist in developing logical thinking ability in order to solve mathematical problems and problems of daily living.

4. To help cultivate ability-ability to observe and to listen.

5. To introduce them to independent study and to inspire them to participate in it.

6. To help them understand the basic facts of health and disease.

7. To assist them in cultivating an appreciation for beauty and an appreciation for our cultural heritage.

8. To guide them in learning how to make worthwhile use of all their time, especially leisure time.

9. To assist them in acquiring a scientific attitude toward living forms and resources in their environment.

10. To foster an understanding of the inter-relationship existing between people and their environment.

11. To inspire them to determine worthy goals for living and to guide them toward achievement of those goals.

C. Objectives of Civic Responsibility

In order that our children may learn that liberty with security demands civic responsibility it is essential:

1. To lead them to acquire attitudes of tolerance and desires for understanding.

2. To offer opportunity and help in developing qualities of good leadership.

3. To help them develop the ability to carry out responsibilities without constant direction.

4. To assist them in learning to operate in groups as a working democracy where students can be taught respect for the law, for civic duties, and for honest difference of opinion.

5. To give them practice in the procedures of democracy so that as citizens they may have courage, unselfishness, and a fine sense of honor.

6. To help them comprehend and practice the basic elements of world understanding, tolerance, and good will.

7. To help them understand and appreciate their American Heritage and develop a spirit of patriotism and respect for the American way of life.

8. To help them understand the system of raising the revenue with which to carry on our system of Government at the Local, County, State and Federal levels, and also our school district.

D. Objectives of Economic Efficiency

In order that young people may acquire a sense of economic accountability and productive efficiency, it is essential for the school:

1. To provide training for them to become intelligent consumers as well as efficient producers.

2. To help them understand the requirements and opportunities of various occupations.

3. To lead them to feel the dignity of labor in all fields.

4. To help them feel the satisfaction that comes from good workmanship.

5. To provide guidance in choosing an occupation best suited to their individual aptitudes and potentialities, and to those skills in which they can achieve, maintain, and improve efficiency.

6. To provide the opportunity to receive training for college entrance or employment in the home, agriculture, industry, science or business.

7. To help them gain an appreciation for interdependence of workers and for what their work means to other people.

8. To assist them in planning the economics of their own lives.

9. To show them how to use purposeful thinking and wholesome ideals in deciding what is of first value.

10. To assist them in developing a discriminating sense of values for guiding their own expenditures, in seeking information and in acquiring skill as buyers, and in taking appropriate measures to safe-guard the interest of themselves and also the interests of those dependent upon them.

11. To assist them in learning the basic elements of our system of free enterprise, and to recognize the factors which may lead to its destruction.

Legal Reference: Iowa Code §§257.9, .25, 279.9, .12, 280.1-.17 (1991)

Cross Reference: 104 Equal Educational Opportunity
200 Legal Status of the Board of Directors

Approved: 11-12-70
Reviewed: 6-12-23
Revised: 3-8-99

dawn.gibson.cm… Fri, 06/21/2024 - 12:41

103 - School District Instructional Organization

The Bennett Community School District offers an educational program for grades pre-kindergarten (P-K) through twelve (12). The levels of instruction are organized by the following levels:

Grades pre-kindergarten (P-K) through six (6) shall attend Bennett Elementary School in Bennett.

Grades seven (7) through twelve (12) shall attend Durant Junior-Senior High school in Durant or Tipton Junior-Senior High school in Tipton.

The P-K through six (6) levels will have a principal responsible for the administration and management of the school building, the school building personnel and educational program. The principal shall work closely with the superintendent, who shall oversee the administration and management of the school district.

This policy shall be reviewed at the end of each Whole Grade Sharing agreement.

Legal Reference: Iowa Code §§256.11, 275.1, 279.11, 280.14 (1991).
281 Iowa Admin. Code 12.1, .3(11), .5.

Cross Reference: 200.02 Organization of the Board of Directors
501 Student Attendance

Approved: 2-10-92
Reviewed: 6-12-23
Revised: 8-8-11

dawn.gibson.cm… Fri, 06/21/2024 - 12:44

104 - Equal Educational Opportunity

The board will not discriminate in its educational activities on the basis of race, color, national origin, religion, sex, disability, sexual orientation, gender identity, socioeconomic status, or marital status.

The board requires all persons, agencies, vendors, contractors, and other persons and organizations doing business with or performing services for the school district to subscribe to all applicable federal and state laws, executive orders, rules and regulations pertaining to contract compliance and equal opportunity.

The board is committed to the policy that no otherwise qualified person will be excluded from educational activities on the basis of race, color, creed, national origin, religion, sex, disability, sexual orientation, gender identity, or marital status. Further, the board affirms the right of all students and staff to be treated with respect and to be protected from intimidation, discrimination, physical harm, and harassment.

Legal Reference: 20 U.S.C. 1221 et seq. (2004)
20 U.S.C. 1681 et seq. (2004)
20 U.S.C. 1701 et seq. (2004)
29 U.S.C. 794 (2004)
42 U.S.C. 12101 et seq. (2004)
34 C.P.R. Pt 100 (2004)
34 C.P.R. Pt 104 (2004)
Iowa code 216.9, 256.11, 11A: 280.3 (2007)

Cross Reference: 101 Educational Philosophy
104.01 Notice of Nondiscrimination
500 Objectives for Equal Educational Opportunities for Students

Approved: 2-10-92
Reviewed: 6-12-23
Revised: 4-8-13

dawn.gibson.cm… Fri, 06/21/2024 - 12:45

104.01 - Notice of Non-Discrimination

Students, parents, employees, and others doing business with or performing services for the Bennett Community School District are hereby notified that this school district does not discriminate on the basis of race, color, creed, socioeconomic status, age (except students), religion, national origin, sex, marital status, sexual orientation, gender identity, or disability in admission or access to, or treatment in, its programs and activities.

The school district does not discriminate on the basis of race, color, creed, marital status, socioeconomic status, age (except students), religion, national origin, sex, sexual orientation, gender identity or disability in admission or access to, or treatment in, its hiring and employment practices. Any person having inquiries concerning the school district’s compliance with the regulations implementing Title VI, Title VII, Title IX, the Americans with Disabilities Act (ADA), 504 or Iowa Code 280.3 is directed to contact:

Superintendent

Bennett Community School District

300 Cedar Street

Bennett, Iowa 52721

Phone Number: 563-890-2226

The above has been designated by the school district to coordinate the school district’s efforts to comply with the regulations implementing Title VI, Title VII, Title IX, the Americans with Disabilities Act, 504, and Iowa Code 280.3 (2007).

Approved: 12-15-08
Reviewed: 6-12-23
Revised: 12-12-16

dawn.gibson.cm… Fri, 06/21/2024 - 12:46

105 - The People and Their School District

The Board recognizes the value of interaction and participation with the citizens of the district community for the school district’s education and operations. Popular control of public education is one of the cornerstones of a free society. The people exercise that control through their Board of Directors. The Board will cooperate, whenever possible, with the district community to participate in the district community while carrying out its elected responsibilities.

It shall be the responsibility of the superintendent to keep the board apprised of opportunities for involvement with the district community.

Legal Reference: Iowa Code §§25A, 613A (1991).

Cross Reference: 209        Committees of the Board of Directors
216        Public Hearings
609        Community Education
803.04 Public Review
1001      Public Communications
1004      Public Participation in the School District
1004.02 Community Resource Persons and Volunteers
1005      Community Activities Involving Students
1006      Use of School District Facilities and Equipment

Approved: 2-10-92
Reviewed: 6-12-23
Revised: 3-8-99

dawn.gibson.cm… Fri, 06/21/2024 - 12:47

106 - Evaluation of the Educational Program

The school district will periodically conduct a needs assessment of the educational program, and establish priorities for meeting the needs identified.

The priorities will be developed into action plans for implementation on short (one year), intermediate (three year) and longer (five year) plans. Periodic progress reports shall be made to the Board, at least annually.

The Board shall update the needs assessment and planning process when necessary.

Legal Reference: Iowa Code, Chapter 21, §280.12 (1991)
281 Iowa Admin. Code 12.3(3)

Cross Reference: 212 Open Meetings
901.01 Facilities Long-Range Planning

Approved: 12-10-90
Reviewed: 6-12-23
Revised: 3-8-99

dawn.gibson.cm… Fri, 06/21/2024 - 12:49

200 - BOARD OF DIRECTORS

200 - BOARD OF DIRECTORS Jen@iowaschool… Fri, 06/07/2024 - 08:10

200 - Legal Status of the Board of Directors

200 - Legal Status of the Board of Directors dawn.gibson.cm… Wed, 06/19/2024 - 10:13

200.01 - Role of the Board of Directors

In this series of the board policy manual, the board shall define its role in the governance of the school district and how it will carry out that role in the school district community and in the school district.

The ultimate goal of the board shall be to achieve the educational philosophy of the school district. As school officials elected by the members of the school district community, the board shall strive to represent the needs and wishes of the members of the school district community in its deliberations and actions.

While the board shall be aware of the desires of the school district community, the needs of the students in the Bennett Community School District shall be considered above others. The board shall strive to meet the needs of the students through evaluation of the financial and educational benefits of the various alternatives available to the board and the school district.

Approved: 2-10-92
Reviewed: 6-12-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:13

200.02 - Organization of the Board of Directors

The Board of Directors of the Bennett Community School District derives its legal status from the constitution of the State of Iowa and the statutes enacted by the General Assembly. The Board of Directors acts as an agent of the state in developing an educational program in accordance with the constitution and laws of the State of Iowa. The Board shall consist of five (5) board members, all of whom shall be elected at large.

The Board of Directors is organized for the purpose of setting policy and providing general direction for the Bennett Community School District. The Board of Directors shall hold its organizational meeting in odd-numbered years at the first regular meeting following the canvassing of election results. The old Board of Directors shall transfer materials, including the board policy manual, and responsibility to the new Board of Directors.

Meeting Procedure

The organizational meeting of the board will be held in two parts: the final meeting of the outgoing board and the organizational meeting of the new board.

Final Meeting of the Retiring Board

Call to order
Roll call
Approval of minutes of previous meeting(s)
Visitors
Unfinished business

Current claims and accounts (for the retiring board to authorize.)

Examine and settle the books for the previous year
Review of election results. The board secretary will present the county auditor’s official report on the latest elections. Official results are recorded in the minutes.
Adjournment of the retiring board.

Organizational Meeting of the New Board

The board secretary, as president pro-tem, will preside over the meeting until a new board president is elected.
Call to order
Roll call
Oath of office. The board secretary will administer the oath to new members.
Election of a president of the board. The president pro-tem calls for nominations; nominations need not be seconded. The board will then vote on the nominations. The secretary will announce the result of the vote, and the board secretary will administer the oath of office to the newly elected president and newly elected president will assume the chair.
Election of the vice-president. The president of the board will call for nominations; the nominations need not be seconded. The board will then vote on the nominations. The president will announce the results and administer the oath of office to the vice-president.

Other items of business at the organizational meeting may include:

Board resolution of appreciation recognizing the public service rendered by retiring board members.
Determination of dates, times, and places for regular meetings of the board
Board resolution to define the operating rules and practices that will be followed by the new board
Board resolution to authorize the interim payment of bills pursuant to policy 705.3
Visitors
Superintendent's report
Adjournment

Legal Reference: Iowa Code §§274.2, 277.28, .31, 279.1, .5, .7 (1991)
281 Iowa Admin. Code 12.2(2)

Cross Reference: 100        Legal Status of School District
200.3    Powers of the Board of Directors
202        Board of Directors Members
211.1    Annual Meeting

Approved: 2-10-92
Reviewed: 6-12-23
Revised: 3-13-17

dawn.gibson.cm… Wed, 06/19/2024 - 10:14

200.03 - Powers of the Board of Directors

The Board of Directors of the Bennett Community School District, acting on behalf of the school district, shall have jurisdiction over school matters in the territory of the school district.

The Board is empowered to make policy for its own governance, for the administration and staff, and for the school facilities. The Board is also empowered to enforce its policies. The Board may, through its quasi-judicial power, conduct hearings and rule on issues and disputes confronting the school district.

The Board has these powers and all other powers expressly granted to it in federal and state law as well as the powers that can be reasonably implied from the express powers.

Legal Reference: Iowa Code Chapter 28E, §§274.1, .2, 279.8 (1991)
281 Iowa Admin. Code 12.1(2)

Cross Reference: 100        Legal Status of the School District
200.4    Responsibilities of the Board of Directors
210        Board of Directors Management Procedures

Approved: 2-10-92
Reviewed: 6-12-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:16

200.04 - Responsibilities of the Board of Directors

The Board of Directors is authorized to govern the school district which it oversees. As the governing board of the school district, the board has three (3) duties to perform: legislative duty, executive duty and its evaluative duty.

As a representative of the citizens of the district community, the Board is responsible for legislating policy for the school district. As a policymaking body, the Board has jurisdiction to enact policy with the force and effect of law for the management and operation of the school district.

It is the responsibility of the Board, under the Board’s executive duty, to select its executive officer, the superintendent, to operate the school district on the Board’s behalf. The Board shall delegate to the superintendent its authority to carry out board policy, to formulate and carry out all rules and regulations and to handle the administrative details in a manner which supports board policies.

The Board has a responsibility to review the educational program’s performance under its evaluative duty. The Board shall review the educational program and ancillary services periodically. This review is concerned with not only the amount of funds received or expended, but also with the educational program’s ability to achieve the mission statement of the board for the school district. The review shall include a careful study and examination of the facts, conditions, and circumstances surrounding the program or service.

Legal Reference: Iowa Code §§274.1, 279.1, .8, .15, .16, .20, .23-.25 (1991)

Cross Reference: 105        Educational and Operational Planning
210.6    Review and Revision of Policy
210.7    Review of Administrative Regulations
600        Goals and Objectives of the Educational Program

Approved: 2-10-92
Reviewed: 6-12-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:17

201 - Board of Directors' Elections

The school election takes place on the first Tuesday after the first Monday in November of odd-numbered years. Each school election is used to elect citizens to the board to maintain a five member board to address questions that are submitted to the voters.

Citizens of the school district community seeking a seat on the board must file their nomination papers with the board secretary, or the board secretary’s designee, in accordance with the timelines established by law.

If a vacancy occurs on the board it shall be filled in accordance with law and board policy.

It is the responsibility of the county commissioner of elections to conduct school elections.

Legal Reference: Iowa Code §§ 39; 45; 63; 69; 274.7; 277; 278.1; 279.7.

Cross Reference: 202        Board of Directors Members
202.3    Term of Office
202.4    Vacancies
203        Board of Directors’ Conflict of Interest

Approved: 2-10-92
Reviewed: 7-10-23
Revised: 2-13-19

dawn.gibson.cm… Wed, 06/19/2024 - 10:18

202 - Board of Directors Members

202 - Board of Directors Members dawn.gibson.cm… Wed, 06/19/2024 - 10:19

202.01 - Qualifications

Serving on the Board of Directors is an honor and privilege. Its rewards are respect from the community, the students, and the staff and satisfaction from knowing each board member contributed to the success of the children in your district community. Only those who are willing to put forth the effort to care and to make a difference and who have the welfare of the children as their chief concern should consider running for a school board seat.

Any qualified elector of the school district is eligible to serve on the Board of Directors. A “qualified elector” is a person who is:

a citizen of the United States;
eighteen years of age or older;
a registered elector of the school district or subdistrict.

Nomination petitions must be filed in the manner described by law.

Legal Reference: Iowa Code Chapter 68B, §§277.4, .27 (1991)

Cross Reference: 201 Board of Directors Elections
203 Board of Directors Member Conflict of Interest

Approved: 1-14-91
Reviewed: 7-10-23
Revised: 2-10-92

dawn.gibson.cm… Wed, 06/19/2024 - 10:19

202.02 - Oath of Office

Board members are officials of the state. As a state official, each board member must pledge to uphold the Iowa and the United States Constitutions and to carry out the responsibilities of the office to the best of their ability.

Each Director elected in a regular election will qualify by taking the oath of office on or before the time set for the organization meeting of the Board. Each director appointed or elected at a special election will qualify within ten (10) days of appointment or election by taking the oath of office. The election or appointment and qualification will be entered by the Board Secretary. The oath may be administered by any qualified member of the Board or by the Board Secretary in the manner and form stated below:

“Do you solemnly swear that you will support the Constitution of the United States and the Constitution of the State of Iowa, and that you will faithfully and impartially, to the best of your ability, discharge the duties of the office of member of the Board of Directors in the Bennett Community School District as now and hereafter required by law?”

Legal Reference: Iowa Code §§78.1, .2, 277.23, .27, .28, 275.25, 279.1 (1991)

Cross Reference: 200.2 Organization of the Board of Directors
201 School Elections

Approved: 1-14-91
Reviewed: 7-10-23
Revised: 2-10-92

dawn.gibson.cm… Wed, 06/19/2024 - 10:20

202.03 - Term of Office

Board members elected for a full term at a regularly scheduled school election in November, of odd-numbered years, serve for four years. Board members appointed to fill a vacant position will serve until a successor is elected and qualified at the next regular school election, unless there is an intervening special election for the school district, in which event a successor shall be elected at the intervening special election. A board member elected to fill a vacancy will serve out the unexpired term.

Being a board member is a unique opportunity for a citizen to participate on a governing board of the school district. Eligible board members are encouraged to consider running for more than one term.

Legal Reference: Iowa Code §§69.12; 274.7; 279.6, 279.7.

Cross Reference: 201        Board of Directors’ Elections
202        Board of Directors Members
202.4    Vacancies

Approved: 2-10-92
Reviewed: 7-10-23
Revised: 2-13-19

dawn.gibson.cm… Wed, 06/19/2024 - 10:21

202.04 - Vacancies

A vacancy requiring board action shall occur when the board member resigns, forfeits or otherwise leaves the office. A vacancy shall also include, but is not limited to, the following: failure to be properly elected, failure to qualify within time fixed by law, failure to reside in the school district and director district, a court order declaring the seat vacant, conviction of an infamous crime, three (3) violations of the open meetings law, and conviction of a public offense in violation of the oath of office.

If a vacancy does occur prior to the expiration of a term of office, the vacancy shall be filled by board appointment within thirty (30) days of the vacancy. The newly-appointed board member shall hold the position until the next scheduled school election. At that time the appointed board member may run for a four (4) year term, if one is available, or run for the remainder of the unexpired term.

If the board is unable to fill a vacancy by appointment within thirty (30) days after the vacancy occurs, the board secretary shall call a special election to be held no sooner than forty (40) days and not later than fifty (50) days after the vacancy occurs. The board member elected at the special election shall serve the remaining portion of the unexpired term.

Legal Reference: Iowa Code §§21.6(3)(d), 69, 277.28, .29, 279.6, .7 (1991)
Good v Crouch, 397 N.W.2d 757 (Iowa 1986)

Cross Reference: 201        Board of Directors Elections
202.1    Qualifications
202.3    Term of Office

Approved: 2-10-92
Reviewed: 7-10-23
Revised: 07-11-11

dawn.gibson.cm… Wed, 06/19/2024 - 10:22

202.05 - Individual Authority

Each school district of the public education system in Iowa is governed by a locally-elected board of directors of the school corporation. The board operates as a corporate body, and only the board may make decisions regarding the educational program and the operations of the school district. Only the board has the power to take action affecting the school district.

Individual board members may only exercise their authority as a school board member when they vote to take action at a school board meeting. Individual board members, alone, have no authority to make any decision or take any action to affect the management of the school district. Without the consent of the board, an individual board member has no authority to act on behalf of the school district or the school board.

It shall be the responsibility of each board member and the superintendent to educate the public, staff and the students of the board member’s authority to take action that affects the school district only when voting in a school board meeting.

Legal Reference: Iowa Code §§274.7, 279.8 (1991)

Cross Reference: 204 Board of Directors Member Code of Ethics
211 Board of Directors Meetings

Approved: 2-10-92
Reviewed: 7-10-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:23

203 - Board of Directors' Conflict of Interest

Board members must be able to make decisions objectively. It shall be a conflict of interest for a board member to receive direct compensation from the school district for anything other than reimbursement of actual and necessary expenses, including travel, incurred in the performance of official duties.

A Board member shall not have an interest, direct or indirect, in a contract for the purchase of goods, including materials and profits, and the performance of services for the school district unless the contract for the purchase of goods or services does not exceed two thousand five hundred dollars ($2500) in a fiscal year or the contract is made upon competitive bids in writing, publicly invited and opened.

The payment of compensation to any other family member shall be within the discretion of the board.

It shall be the responsibility of each Board member to be aware of potential conflict of this nature and to take the action necessary to eliminate such a conflict of interest should it arise.

Legal Reference: James v City of Hamburg, 174 Iowa 301, 156 N.W. 394 (1916)
Bag v Davidson, 133 Iowa 688, 111 N.W. 25 (1907)
Iowa Code §§71.1, 277.27, 279.7A, 301.28 (1991)
1986 Op. Att’y Gen. No. 85-2-6
1984 Op. Att’y Gen. 23
1982 Op. Att’y Gen 302
1976 Op. Att’y Gen 89
1974 Op. Att’y Gen 137
1936 Op. Att’y Gen 237

Cross Reference: 204 Board of Directors Code of Ethics

Approved: 2-10-92
Reviewed: 7-10-23
Revised: 8-14-00

dawn.gibson.cm… Wed, 06/19/2024 - 10:24

204 - Code of Ethics

Board members’ actions, verbal and nonverbal, reflect the attitude and the beliefs of the school district. Therefore, board members must conduct themselves professionally and in a manner fitting to their position.

Each school board member shall follow the code of ethics stated in this policy.

AS A SCHOOL BOARD MEMBER:

I will listen.
I will respect the opinion of others.
I will recognize the integrity of my predecessors and associates and the merit of their work.
I will be motivated only by an earnest desire to serve my district and the children of my community in the best possible way.
I will not use the schools or any part of the school program for my own personal advantage or for the advantage of my friends or supporters.
I will vote for a closed session of the board if the situation requires it, but I will consider “secret” sessions of the board members unethical.
I will recognize that to promise in advance of a meeting how I will vote on any proposition which is to be considered is to close my mind and agree not to think through other facts and points of view which may be presented in the meeting.
I will expect, in board meetings, to spend more time on educational programs and procedures than on business details.
I will recognize that authority rests with the board in legal session and not with individual members of the board, except as authorized by law.
I will make no disparaging remarks, in or out of the board meeting, about other members of the board or their opinions.
I will express my hopes and most thoughtful opinions frankly in board meetings in an effort to have all decisions made for the best interests of the children and the schools.
I will insist that all members of the board participate fully in board action and recommend that when special committees are appointed, they serve only in an investigating and advisory capacity.
I will abide by majority decisions of the board.
I will carefully consider petitions, resolutions and complaints and will act upon the best interests of the school.
I will not discuss the confidential business of the board in my home, on the street, or in my office; the place for such discussion being the school board meeting.
I will endeavor to keep informed on local, state and national educational developments of significance so that I may become a better school board member.

IN MEETING MY RESPONSIBILITY TO MY COMMUNITY

I will consider myself a trustee of public education and will do my best to protect it, conserve it, and advance it, giving to the children of my community the educational facilities that are as complete and adequate as it is possible to provide.
I will consider it an important responsibility of the board to interpret the aims, methods and attitudes of the schools to the community.
I will earnestly try to interpret the needs and attitudes of the community and do my best to translate them into the educational program of the schools.
I will attempt to procure adequate financial support for the schools.
I will represent the entire district rather than individual electors, patrons, or groups.
I will not regard the schools as my own private property but as the property of the people.

IN MY RELATIONSHIP WITH SUPERINTENDENT AND STAFF

I will function, in meeting the legal responsibility that is mine, as a part of a legislative, policy-forming body, not as an administrative officer.
I will recognize that it is my responsibility, together with that of my fellow board members, to see that the schools are properly run and not to run them myself.
I will expect the schools to be administered by the best-trained technical and professional people it is possible to procure.
I will recognize the superintendent as executive officer of the board.
I will work through the administrative employees of the board, not over or around them.
I will expect the superintendent to keep the school board adequately informed through oral and written reports.
I will vote to employ personnel only after the recommendation of the superintendent has been received.
I will insist that contracts be equally binding on the teacher and the school board.
I will give the superintendent power commensurate with the superintendent’s responsibility and will not in any way interfere with, or seek to undermine, the superintendent’s authority.
I will give the superintendent friendly counsel and advice.
I will present any personal criticism of employees to the superintendent.
I will refer complaints to the proper administrative officer.

TO COOPERATE WITH OTHER SCHOOL BOARDS

I will not help to employ a superintendent, principal or teacher who is already under contract with another school without first securing assurance from the proper authority that the person can be released from contract.
I will consider it unethical to pursue any procedure calculated to embarrass a neighboring board or its representatives.
I will not recommend an employee for a position in another school unless I would employ said employee under similar circumstances.
I will associate myself with school board members of other districts for the purpose of discussing school problems and cooperating in the improvement of public-school conditions.

Legal Reference: Iowa Code §§21.6(3)(d), 69, 277.28 (1991)

Cross Reference: 202 Board of Directors Members
203 Board of Directors Member Conflict of Interest

Approved: 2-10-92
Reviewed: 7-10-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:25

205 - Security and Protection

205 - Security and Protection dawn.gibson.cm… Wed, 06/19/2024 - 10:27

205.01 - Board Security and Protection

Public bodies must feel free to meet in the public setting as required by law without concern of risk or personal injury. The board shall take whatever action is necessary to maintain an orderly school board meeting, free from interference or interruption by spectators, and to keep the board members safe while complying with the open meetings law.

Individuals who threaten the board with violence or who are continuously disruptive may be asked to leave the meeting. If the individuals do not leave, the board may have law enforcement officials escort the individual from the board meeting. The board shall hire a security officer if the board members’ concern for safety or actions by spectators warrants it.

Legal Reference: Iowa Code §§21.7, 2179.8, .28 (1991)

Cross Reference: 211 Board of Directors Meetings
215 Public Participation in Board of Directors Meetings

Approved: 2-10-92
Reviewed: 7-10-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:27

205.02 - Board Member Liability

Board members shall not be held personally liable for actions taken in the performance of their duties and responsibilities vested in them by the laws of Iowa and the members of the school district community. In carrying out the duties and responsibilities of their office, board members shall act in good faith.

The school district shall defend, save harmless and indemnify board members against tort claims or demands, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of their duties, unless it constitutes a willful or wanton act or omission. The school district, however, shall not save harmless or indemnify board members for punitive damages.

Legal Reference:  Wood v Strickland, 420 U.S. 308 (1975)
20 U.S.C. §§794, 1401 et seq.
  42 U.S.C. §§1983, 1985 et seq.
Iowa Code Chapter 613A (1991)
1972 Op. Att’y Gen. 52

Cross Reference: 810.1 Insurance Program

Approved: 2-10-92
Reviewed: 7-10-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:28

206 - Board of Directors' Officers

206 - Board of Directors' Officers dawn.gibson.cm… Wed, 06/19/2024 - 10:29

206.01 - President

It shall be the responsibility of the school board president to lead a well-organized board in an efficient and effective manner. The school board president shall set the tone of the school board meetings and, as the representative of the consensus of the board, speak on behalf of the board to the public.

The president of the school board shall be elected by a majority vote at the organizational meeting each December to serve a one (1) year term of office.

The president, in addition to presiding at the school board meetings, shall take an active role in school board decisions by discussing and voting on each motion before the board in the same manner as other board members. Before making or seconding a motion, however, the board president shall pass the gavel to either the vice president or another member of the board.

The board president has the authority to call special meetings of the board. Prior to school board meetings, the board president shall consult with the superintendent on the development of the agenda for the meeting.

The board president, as the chief officer of the school district, shall sign employment contracts and may sign other contracts and school district warrants approved by the board and appear on behalf of the school corporation in causes of action involving the school district.

Legal Reference: Iowa Code §§279.1, .2, 291.1 (1991)

Cross Reference: 200.2    Organization of the Board of Directors
   203.2    Oath of Office
   206.2    Vice-President

Approved: 2-10-92
Reviewed: 7-10-23
Revised: 7-13-20

dawn.gibson.cm… Wed, 06/19/2024 - 10:30

206.02 - Vice-President

If the board president is unable or unwilling to carry out the duties required, it shall be the responsibility of the vice-president of the school board to carry out the duties of president. If the president is unable or unwilling to complete the term of office, the vice-president shall serve as president for the balance of the president’s term of office, and a new vice-president shall be elected.

The vice-president of the school board shall be elected by a majority vote at the organizational meeting each December to serve a one (1) year term of office.

The vice-president shall serve until the next organizational meeting when a new vice-president shall be elected. The vice-president shall accept the gavel from the president when the president wishes to make or second a motion. The vice-president shall take an active role in school board decisions by discussing and voting on each motion before the board in the same manner as other board members.

Legal Reference: Iowa Code §279.5 (1991)

Cross Reference: 200.2    Organization of the Board of Directors
202.2    Oath of Office
206.1    President

Approved: 2-10-92
Reviewed: 7-10-23
Revised: 7-13-20

dawn.gibson.cm… Wed, 06/19/2024 - 10:31

206.03 - Secretary

It shall be the responsibility of the school board to annually appoint a board secretary.

A school board secretary shall be appointed from the district staff, other than a position requiring a teaching certificate, or from the public at the board meeting held each year after July 1 and no later than August 15, to serve a one (1) year term of office. To finalize the appointment, the board secretary shall take the oath of office at the meeting at which the individual was appointed or no later than ten (10) days thereafter.

It shall be the responsibility of the secretary, as custodian of the school district records, to preserve and maintain the records and documents pertaining to the business of the board of directors, to keep complete minutes for special and regular board meetings, to keep a record of the results of regular and special elections, to keep an accurate account of school funds, and to sign warrants drawn on the school funds after board approval. The secretary shall also be responsible for filing the required reports with the State Department of Education.

In the event that the secretary is unable to fulfill the responsibilities set out by the board and the law, the secretary to the superintendent shall assume those duties until the board secretary is able to resume the responsibility or a new secretary is appointed.

The secretary shall be covered by the single blanket bond that covers the employees of the district. The cost of the bond will be paid by the school district.

Legal Reference: Iowa Code §§277.27, 279.3, .5, .7, 291.2-.4, .6-.11, .15 (1991)
281 Iowa Admin. Code 12.4

Cross Reference: 202.2 Oath of Office
206.4 Treasurer

Approved: 2-10-92
Reviewed: 7-10-23
Revised: 7-13-20

dawn.gibson.cm… Wed, 06/19/2024 - 10:32

206.04 - Treasurer

It shall be the responsibility of the school board to annually appoint a board treasurer from the district staff, other than a position requiring a teaching certificate, or from the public at the board meeting held each year after July 1, and prior to August 15 to serve a one (1) year term of office. To finalize the appointment, the board treasurer shall take the oath of office at the meeting or no later than ten (10) days thereafter.

It shall be the responsibility of the treasurer to receive funds of the school corporation, to pay out the funds for expenses approved by the board, to maintain accurate accounting records for each fund, to report the status of each fund at the annual board meeting and whenever the board requests, and to file required reports with the State Department of Education and other appropriate entities.

The treasurer shall give bond in an amount set by the board. The cost of the bond will be paid by the school district.

Legal Reference: Iowa Code §§277.27, 279.3, 291.2-.4, .8, .11-.15 (1991)
281 Iowa Admin. Code 12.3

Cross Reference: 202.2 Oath of Office
206.3 Secretary

Approved: 2-10-92
Reviewed: 7-10-23
Revised: 7-13-20

dawn.gibson.cm… Wed, 06/19/2024 - 10:33

206.05 - Student Ex-Officio Members of the Board of Directors

The Board of Directors shall welcome the advice and counsel of students in planning and operating the schools. High school students, currently enrolled, who are interested in serving as a student ex-officio member of the Board of Directors shall apply with the secretary of the Board or the superintendent. Upon recommendation of the superintendent, the Board of Directors shall appoint one (1) student whose term of service shall be one (1) year.

Legal Reference: Iowa Code §279.8 (1991)

Approved: 2-10-92
Reviewed: 7-10-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:34

207 - Board of Directors' Legal Counsel

It shall be the responsibility of the board to employ legal counsel on an “as needed” basis to assist the board and the administration in carrying out their duties with respect to the numerous legal issues confronting the school district. The board will appoint legal counsel at its annual meeting.

The superintendent shall have the authority to contact the school district’s legal counsel on behalf of the board when the superintendent believes it is necessary in the management of the school district. The board president, with the authority of the board, may contact and seek advice from the school district’s legal counsel. The school district’s legal counsel shall attend both regular and special school board meetings upon the request of the board or the superintendent.

It shall be the responsibility of the superintendent to keep the board apprised of matters for which legal counsel was consulted, particularly if the legal services will involve unusual expense to the school district.

It shall be the responsibility of each board member to pay the fees, if any, of an attorney they visit regarding matters of the school district unless the board has authorized the board member to consult an attorney on the matter.

Legal Reference: Iowa Code §279.37 (1991)

Cross Reference: 202.5 Individual Authority

Approved: 2-10-92
Reviewed: 7-10-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:35

208 - Board of Directors' Self-Evaluation

Periodically, the board may conduct an evaluation of itself. The goal of the self-evaluation is not to criticize fellow board members but rather to point out to the board its weaknesses and its strengths.

The evaluation will focus on board policies, board meetings, the educational program, the financial management, the board members’ personal qualities, and board’s relationship with the superintendent, community and personnel.

It shall be the responsibility of the board president to develop a board evaluation program.

Legal Reference: Iowa Code §§279.8, 280.12 (1991)

Cross Reference: 105 Educational and Operational Planning
217 Board of Directors Relationship

Approved: 2-10-92
Reviewed: 7-10-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:36

209 - Committees of the Board of Directors

209 - Committees of the Board of Directors dawn.gibson.cm… Wed, 06/19/2024 - 10:37

209.01 - Ad Hoc Committees

The board may from time to time require committees made up of citizens, staff or students to assist the board in studying an issue. Committees formed by the board shall be ad hoc committees.

Ad hoc committees will be formed by board resolution which shall outline the duties and goals of the committee. The committee shall have no authority to take any action other than that specifically stated in the resolution. The committees shall automatically dissolve upon the delivery of their final recommendation to the board or upon completion of the duties outlined in the board resolution. The board will receive the report of the committee for consideration. The board retains authorization to make the final decision about the issue.

The board president shall appoint, or the board shall elect, the necessary members to these committees to achieve the purpose stated by the board resolution. The superintendent and a board member may serve on ad hoc committees. The committee will select its own chairperson, unless the board designates otherwise.

Legal Reference: Iowa Code §§279.8, 280.12 (1991)
281 Iowa Admin. Code 23.3(3)
1988 Op. Att’y Gen. 87-3-6

Cross Reference: 209.2 Citizens’ Advisory Committee

Approved: 2-10-92
Reviewed: 7-10-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:37

209.02 - Citizens’ Advisory Committee

Whenever the board deems it necessary, it shall appoint an ad hoc committee of the board made up of citizens from the community to study an issue and make a recommendation to the board.

The purpose and duties of the ad hoc committee shall be stated in the board resolution. The recommendation to the board shall be advisory in nature, and the board will receive the recommendation for consideration. The board retains discretion to make the final decision about the issue.

It shall be the responsibility of the board in conjunction with the superintendent to appoint citizens to the committee. The committee members, if possible, will be representative of the district community and shall consider the various viewpoints on the issue.

Legal Reference: Iowa Code §279.8 (1991)
281 Iowa Admin. Code 12.3(3)
1988 Op. Att’y Gen. 87.3.6

Cross Reference: 209.1 Ad Hoc Committees

Approved: 2-10-92
Reviewed: 7-10-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:38

209.03 - Long Range Needs Assessment

Long-range needs assessment enables the school district to analyze assessment data, get feedback from the community about its expectations of students and determines how well students are meeting student learning goals. The board shall conduct ongoing and in-depth needs assessment, soliciting information from business, labor, industry, higher education and community members, regarding their expectations for adequate student preparation as responsible citizens and successful wage earners.

In conjunction with the in-depth needs assessment of the school district, the board shall authorize the appointment of a committee, representing administrators, employees, parents, students and community members, to make recommendations and assist the board in determining the priorities of the school district in addition to the basic skills areas of the education program.

The Bennett School District will provide opportunities for local feedback on a continuous basis. Reporting to parents and community members will be done in the following manner:

Parent/teacher conferences are held once each semester
The Superintendent’s School Improvement Committee, consisting of parents, community members, students, teachers, and administrators, meet once each year for the purpose of reporting student achievement data and developing annual district goals relative to school improvement.
Superintendent’s Annual Report is made available to the community.

It shall be the responsibility of the superintendent to ensure the school district community is informed of students’ progress on state and locally determined indicators. The superintendent shall report annually to the board about the means used to keep the community informed.

As a result of the board and committee’s work, the board shall determine major educational needs and rank them in priority order, develop long-range goals and plans to meet the needs; establish and implement short-range and intermediate-range plans to meet the goals and to attain the desired levels of student performance; evaluate progress toward meeting the goals and maintain a record of progress under the plan that includes report of student performance and results of school improvement projects; and annually report the school district’s progress made under the plan to the committee, community and Iowa Department of Education.

School districts also need to develop a process for long-range needs assessment. The process needs to include three items

Provisions for collecting, analyzing and reporting information derived from local, state and national sources.
Provisions for reviewing information acquired on the following:

-state indicators and other locally determined indicators

-locally established student learning goals

-specific data collection required by state and federal programs

Provisions for collecting and analyzing assessment data on the following:

-state indicators

-locally determined indicators

-locally established student learning goals

Approved: 8-14-00
Reviewed: 7-10-23
Revised: 8-14-17

dawn.gibson.cm… Wed, 06/19/2024 - 10:39

210 - Board of Directors Management Procedures

210 - Board of Directors Management Procedures dawn.gibson.cm… Wed, 06/19/2024 - 10:40

210.01 - Development of Policy

The Board believes its primary function is to set policy. The policy should be in written form to provide guidelines and goals for daily operations of the school district.

Policies are principles adopted by the school board to chart a course of action. They tell what is wanted; they may include why and how much. Policies should be broad enough to indicate a line of action to be followed by the administration in meeting a number of problems; narrow enough to give clear guidance. Policies are guides for action by the administration, which then sets the rules and regulations to provide specific directions to school district personnel.

The Board exercises its leadership role by its involvement in the development and adoption of written policy. The Board exercises its control over the district by evaluating the reports concerning the execution of the written policy.

Policies may be proposed by any member of the Board, employee, citizen, student, superintendent, etc. All policy proposals shall be submitted to the Board, through the superintendent of schools, prior to a regular or special Board meeting. It shall be the responsibility of the superintendent to bring these proposals to the attention of the Board.

Legal Reference: Iowa Code §§274.1, .2, 279.8, 280.12 (1991)
281 Iowa Admin. Code 12.3(2)

Cross Reference: 200.4    Responsibilities of the Board
210.2    Adoption of Policy
210.3    Dissemination of Policy
210.4    Suspension of Policy
210.5    Administration in Absence of Policy
210.6    Review and Revision of Policy
210.7    Review of Administrative Regulations

Approved: 2-10-92
Reviewed: 8-14-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:40

210.02 - Adoption of Policy

The adoption of new policies or amending or rescinding an existing policy is the exclusive responsibility of the Board. Any formal action to add, modify, or change existing Board policy will be by a majority vote of the membership of the Board during an open meeting. The proposed change must appear as an agenda item in normal situations at least two times before the Board may take official action to approve suggested changes to Board policy.

If passed, the proposal will become effective upon the date of passage or at a time stated in the proposal, whichever occurs last.

Legal Reference: Iowa Code §279.8 (1991)
281 Iowa Admin. Code 12.3(2)

Cross Reference: 200.4    Responsibilities of the Board
210.1    Development of Policy
210.3    Dissemination of Policy
210.4    Suspension of Policy
210.5    Administration in Absence of Policy
210.6    Review and Revision of Policy
210.7    Review of Administrative Regulations

Approved: 8-8-11
Reviewed: 8-14-23
Revised: 2-10-92

dawn.gibson.cm… Wed, 06/19/2024 - 10:41

210.03 - Dissemination of Policy

A board policy manual shall be housed in each office and online. Each school board member shall have their own personal copy of the board policy manual.

It shall be the responsibility of the board secretary to ensure that copies of new and revised policy statements are distributed to the custodians of board policy manuals within ten (10) working days of the change or addition to the manual. Copies of changes in board policy shall also be attached to the minutes of the meetings in which the final action was taken to adopt the new or changed policy.

It shall be the responsibility of each board member, during their term of office, to surrender the manual to the board secretary at the conclusion of their term of office.

Legal Reference: Iowa Code §§277.31, 279.8 (1991)
281 Iowa Admin. Code 12.3(2)

Cross Reference: 200.4    Responsibilities of the Board
210.1    Development of Policy
210.2    Adoption of Policy
210.4    Suspension of Policy
210.5    Administration in Absence of Policy
210.6    Review and Revision of Policy
210.7    Review of Administrative Regulations

Approved: 2-10-92
Reviewed: 8-14-23
Revised: 8-18-20

dawn.gibson.cm… Wed, 06/19/2024 - 10:42

210.04 - Suspension of Policy

Generally, the board shall follow board policy and enforce it equitably. The board may, in extreme emergencies of a very unique nature, suspend policy. It shall be within the discretion of the board to determine when an extreme emergency of a very unique nature exists.

Board policy shall not be suspended by the administration or school district personnel. Policy may only be suspended by the Board.

Legal Reference: Iowa Code §279.8 (1991)
281 Iowa Admin. Code 12.3(2)

Cross Reference: 200.4    Responsibilities of the Board
210.1    Development of Policy
210.2    Adoption of Policy
210.3    Dissemination of Policy
210.5    Administration in Absence of Policy
210.6    Review and Revision of Policy
210.7    Review of Administrative Regulations

Approved: 2-10-92
Reviewed: 8-14-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:43

210.05 - Administration in Absence of Policy

When there is no board policy in existence to provide guidance on a matter before the administration, the superintendent is authorized to act appropriately under the circumstances surrounding the situation keeping in mind the mission of the school district.

It shall be the responsibility of the superintendent to inform the board of the situation and the action taken. The superintendent shall draft a proposed policy for the board to discuss at a board meeting.

Legal Reference: Iowa Code §279.8 (1991)
281 Iowa Admin. Code 12.3(2)

Cross Reference: 101        Educational Philosophy of the School District
200.4    Responsibilities of the Board
210.1    Development of Policy
210.2    Adoption of Policy
210.3    Dissemination of Policy
210.4    Suspension of Policy
210.6    Review and Revision of Policy
210.7    Review of Administrative Regulations

Approved: 2-10-92
Reviewed: 8-14-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:44

210.06 - Review and Revision of Policy

The Board shall, at least once every three years, meet as a committee of the whole to review the board policy manual. If the policy has been reviewed, a notation of the month and year of review shall be made in the Table of Contents of each series. If the policy has been revised, a notation of the month and year of revision shall be made on the face of the policy statement.

It shall be the responsibility of the superintendent to keep the Board informed as to the law changes at both the federal and state levels. The superintendent shall also be responsible for bringing proposed policy statement revisions in compliance with new laws to the board’s attention. The board of directors shall notify all employees whenever revisions, additions, amendments and/or deletions are made.

Legal Reference: Iowa Code §279.8 (1991)
281 Iowa Admin. Code 12.3(2)

Cross Reference: 101        Educational Philosophy of the School District
200.4    Responsibilities of the Board
210.1    Development of Policy
210.2    Adoption of Policy
210.3    Dissemination of Policy
210.4    Suspension of Policy
210.5    Administration in Absence of Policy
210.7    Review of Administrative Regulations

Approved: 8-11-14
Reviewed: 8-14-23
Revised: 3-13-95

dawn.gibson.cm… Wed, 06/19/2024 - 10:45

210.07 - Review of Administrative Regulations

Administrative regulations shall be developed by the superintendent or a designee.

Although the Board wishes to be kept informed of regulations that are written to implement its policies, it will not formally review, change, or veto administrative regulations unless they are, in the Board’s judgment, contrary of the intent established Board policy.

Legal Reference: Iowa Code §279.8 (1991)

Cross Reference: 101        Educational Philosophy of the School District
200.4    Responsibilities of the Board
210.1    Development of Policy
210.2    Adoption of Policy
210.3    Dissemination of Policy
210.4    Suspension of Policy
210.5    Administration in Absence of Policy
210.6    Review and Revision of Policy
306        Development and Enforcement of Administrative Rules

Approved: 1-14-91
Reviewed: 8-14-23
Revised: 2-10-92

dawn.gibson.cm… Wed, 06/19/2024 - 10:46

211 - Board of Directors Meetings

211 - Board of Directors Meetings dawn.gibson.cm… Wed, 06/19/2024 - 10:48

211.01 - Annual Meeting

Each year after July 1 and prior to the organizational meeting of the Board, the Board shall hold its annual meeting.

At the annual meeting, the Board shall examine the financial books and settle the secretary’s and treasurer’s statements for the fiscal year ending the preceding June 30. As part of the annual reports, the treasurer shall present affidavits from depository banks.

The Board, at this meeting, shall also appoint a board secretary and a board treasurer. In the Board’s discretion, one individual may serve as both the secretary and treasurer. The Board may also appoint the board’s legal counsel.

Legal Reference: Iowa Code §§279.3, .33 (2000)

Cross Reference: 206.3    Secretary
206.4    Treasurer
701.1    Depository of Funds
707        Fiscal Reports

Approved: 8-11-14
Reviewed: 8-14-23
Revised: 8-13-01

dawn.gibson.cm… Wed, 06/19/2024 - 10:48

211.02 - Regular Meeting

The regular meeting time and date shall be set by the Board at its organizational meeting each September. Regular meetings of the Board will be held on the second (2^nd) Monday of each month except in September when the regular meeting shall be held on the Monday following the canvass of the election results. These meetings will be held at the Board Room in Bennett.

The meetings shall begin promptly at 7:00 p.m. If the second (2^nd) Monday should fall on a day designated for a specific purpose by the local, state, or federal governments, the board shall meet on another date so specified by the Board.

The Board shall adhere to this meeting date unless the Board requires additional meetings or, due to circumstances beyond the Board’s control, the meeting could not be held on the regular meeting date. Public notice shall be given for meetings in compliance with the law.

Legal Reference: Iowa Code §§21.4, 279.1 (1991)

Cross Reference: 200.2    Organization of the Board of Directors
211.3    Special Meeting
211.5    Meeting Notice

Approved: 2-10-92
Reviewed: 8-14-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:49

211.03 - Special Meeting

From time to time, it may be necessary to conduct a board meeting instead of or in addition to the regularly scheduled board meeting. Special meetings may be called by the president of the board or by the board secretary at the request of a majority of the board. Should a special meeting be called, public notice shall be given.

If the special meeting called is an emergency meeting and board cannot give public notice in its usual manner, the board shall give advance public notice of the meeting as soon as practical and possible in light of the circumstances surrounding the emergency. The reason for the emergency meeting and why notice in its usual manner could not be given shall be stated in the minutes.

Only the purpose or issue for which the special meeting was called may be discussed and decided in the special meeting. The board shall strictly adhere to the agenda for the special meeting and action on other issues shall be reserved for the next scheduled regular school board meeting.

Approved: 2-10-92
Reviewed: 8-14-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:50

211.04 - Work Sessions

Work sessions for the Board may be conducted to discuss issues in depth. A work session may be called by a majority of the Board, the board president or the board secretary upon the written request of a majority of the Board. Should a work session be called, public notice shall be given.

Action will not be taken on an issue in a work session. Minutes will be kept of the discussion on the issues discussed by the Board.

Legal Reference: Iowa Code §§21.4, 279.2 (1991)

Cross Reference: 200.2    Organization of Board of Directors
211.2    Regular Meeting
211.5    Meeting Notice

Approved: 2-10-92
Reviewed: 8-14-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:51

211.05 - Meeting Notice

Public notice of regular or special meetings of the Board of Directors shall be provided by posting the agenda on a bulletin board at the central administration office and at the site of the board meeting. Notice shall be given at least twenty-four (24) hours prior to the commencement of each meeting, and should include the time, date, place and tentative agenda. Notice shall be provided to the news media and to others who have filed a request for notice with the secretary of the Board. All requests for notice must be renewed annually.

Notice of the call of a special meeting shall be given to each Board member in writing and mailed to the Board member’s home at least twenty-four (24) hours before the meeting. The notice shall specify the time, date, place, and purpose (tentative agenda) of the meeting. Attendance at the special meeting shall constitute a waiver of notice.

An emergency meeting may be called with less than twenty-four (24) hour notice when the board is required to meet for good cause and to take immediate action. In an emergency, when it is not possible to give twenty-four (24) hours notice, the board secretary shall notify the media who have requested notification, by telephone, and post the meeting notice, as far in advance of the meeting as possible. The minutes of such an “emergency” meeting should clearly state the good cause justifying the emergency meeting.

Legal Reference: Iowa Code §§21.4, 279.1, .2 (1991)

Cross Reference: 200.2    Organization of the Board of Directors
211.2    Regular Meeting
211.3    Special Meeting
214        Board of Directors Meeting Agenda

Approved: 2-10-92
Reviewed: 8-14-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:51

211.06 - Quorum

The majority of the full membership of the Board of Directors constitutes a quorum and must be present for the transaction of business. The adjournment of a meeting may be executed without a quorum.

An affirmative vote of a majority of the board members present shall be sufficient to pass a motion or take action unless law or board policy requires a vote of a greater number.

Legal Reference: Iowa Code §279.4 (1991)

Cross Reference: 211.7 Rules of Order
211.8 Methods of Voting

Approved: 2-20-08
Reviewed: 8-14-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:52

211.07 - Rules of Order

An orderly board meeting allows the Board members to participate in the discussion and decision about an issue confronting the school district. Rules of order for board meetings allow school district business and the relative information concerning the business to be brought to the attention of the Board. They also allow the Board to discuss, act upon and make a clear record of school district business in a regular, ordered, reasonable and consistent manner.

It shall be the responsibility of each Board member to follow the rules of order stated in this policy at each meeting, and it shall be the responsibility of the presiding officer to conduct the board meeting within these rules.

The Board shall follow Robert’s Rules of Order except as modified by the Board.

Legal Reference: Iowa Code §§21.7, 279.8 (1991)

Cross Reference: 206.1    President
211.6    Quorum
211.8    Methods of Voting

Approved: 2-10-92
Reviewed: 8-14-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:53

211.08 - Method of Voting

In keeping with the public nature of the meeting, votes by the Board, except those required by law to be roll call, shall be by voice of “aye” or “nay” unless a Board member requests a roll call vote.

It shall be the responsibility of the board secretary to record the vote of each Board member in the minutes of the school board meeting.

Legal Reference: Iowa Code §§21.3, 279.8 (1991)

Cross Reference: 211.6    Quorum
211.7    Rules of Order
213        Closed Meetings of the Board of Directors

Approved: 2-10-92
Reviewed: 8-14-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:54

212 - Open Meetings

A gathering of a majority of school board members in which deliberation, rather than socialization or ministerial action, of an issue within the jurisdiction of the Board takes place is a school board meeting. Meetings of the Board shall be conducted in open session unless the meeting is specifically closed.

It shall be the responsibility of the board secretary to provide public notice.

Legal Reference: Iowa Code Chapter 21, §§279.1, .2 (1991)
1980 Op. Att’y Gen. 146

Cross Reference: 211        Board of Directors Meetings
213        Closed Meetings of the Board of Directors
214        Board of Directors Meeting Agenda

Approved: 2-10-92
Reviewed: 9-11-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:55

213 - Closed Meetings

Generally, board meetings shall be open meetings, unless a closed meeting is provided for under the law. The Board shall hold a closed meeting in the situations listed below.

Exceptions to the Open Meeting Law

The following closed meetings take place as part of an open meeting. The item for discussion in the closed meeting shall be listed as part of the tentative agenda on the public meeting notice. The motion for a closed meeting, stating the purpose for the closed meeting, shall be made and seconded during the open meeting. A minimum of four (4) board members, or all of the board members present, must vote in favor of the motion on a roll call vote. Closed meetings shall be taped recorded and have detailed minutes kept by the board secretary.

The minutes and tape recording will restate the motion made in the open meeting, the roll call vote, the members present, and the time the closed session began and ended. The tape recordings and the written minutes shall be kept for one (1) year from the date of the meeting. Real estate related minutes and tapes will be made public after the real estate transaction is completed.

Other than the courts, only those with the permission of a majority of the board may listen to the tape or review the minutes. Persons who were present at the closed meeting may only listen to the portion of the tape or review the section of the minutes for which they were present. The board has complete discretion as to who may be present at a closed session.

Final action on matters discussed in the closed meeting shall be taken in an open meeting. Reasons for the board entering into a closed meeting from a public meeting include, but are not limited to the following:

To review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for the Board’s possession or receipt of federal funds.
To discuss strategy with legal counsel in matters presently in litigation, or where litigation is eminent, if disclosure would be to the disadvantage of the Board.
To discuss whether to conduct a hearing for suspension or expulsion of a student, unless an open session is requested by the student or the student’s parent or guardian.
To discuss specific law enforcement matters which, if disclosed, would enable law violators to avoid detection.
To evaluate the professional competence of an individual whose appointment, hiring, performance, or discharge is being considered when a closed session is necessary to prevent needless and irreparable injury to that individual’s reputation and when the individual requests closed session.
To discuss the purchase of particular real estate, but only when premature disclosure could be reasonably expected to increase the price the Board would have to pay for the property.

Exemptions to the Open Meetings Law

As meetings of this type are exempt from the open session requirements, they can be held without public notice, be separate from any open public meeting, be held without taping the meeting or taking minutes, and be held without a vote or motion. The Board may hold a closed meeting for the following purposes:

To discuss strategy in matters, relating to employment conditions, such as wage, hours, vacation, insurance, holidays, leave of absence, shift differential, overtime compensation, supplemental safety matters, evaluation procedures, procedures for staff reduction and in-service training; and
To conduct a private hearing relating to the recommended termination of a teacher’s contract, and the teacher requested said private hearing.

The private hearing in the teacher’s contract termination shall be recorded verbatim by a court reporter. There are no legal requirements for any type of a record to be maintained of the negotiation strategy session.

Legal Reference: Iowa Code Chapters 20 and 21, §§22.7, 279.15, 279.16 (1991)
1982 Op. Att’y Gen 162

Cross Reference: 211        Board of Directors Meetings
212        Open Meetings of the Board of Directors
214        Board of Directors Meeting Agenda

Approved: 2-10-92
Reviewed: 9-11-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:58

213 - Public Participation in Board of Directors Meetings

The board recognizes the importance of citizen participation in school district matters. In order to assure citizens are heard and board meetings are conducted efficiently and in an organized manner, the board will set aside a specific time for public comment.

Citizens wishing to address the board during public comment must notify the board secretary prior to the board meeting. The board president will recognize these individuals to make their comments at the appropriate time during public comment. Citizens wishing to present petitions to the board may also do so at this time. The board however, will only receive the petitions and not act upon them or their contents.

The board has the discretion to limit the amount of time set aside for public participation. Normally, speakers will be limited to 5 minutes. However, the board president may modify this time limit, if deemed appropriate or necessary. Public comment is a time set aside for community input, but the board will not discuss or take any action of any matter during public comment.

A public comment shall be limited to regular board meetings and will not be routinely held during special board meetings.

The board has a significant interest in maintaining the decorum of its meetings, and it is expected that members of the public and the board will address each other with civility. The orderly process of the board meeting will not be interfered with or disrupted by public comment. Only individuals recognized by the board president will be allowed to speak. Comments by others are out of order. If disruptive, the individual causing disruption may be asked to leave the board meeting. Defamatory comments may be subject to legal action.

Legal Reference: Iowa Code §§21; 22; 279.8

Cross Reference: 205        Board Member Liability
210.8    Board Meeting Agenda
214        Public Hearings
307        Communication Channels
401.4    Employee Complaints
402.5    Public Complaints About Employees
502.4    Student Complaints and Grievances

Approved: 2-10-92
Reviewed: 9-11-23
Revised: 2-8-93

dawn.gibson.cm… Wed, 06/19/2024 - 10:56

213.01 - Public Complaints

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 it will be referred to the administration to be resolved. Prior to board action however, the following should be completed:

Matters should first be addressed to the teacher or employee.
Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the employee’s building principal.
Unsettled matters from (b) above or problems and questions concerning the school district should be directed to the superintendent.
If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board for consideration. To bring a concern, the individual shall notify the board president or board secretary in writing, who may bring it to the attention of the entire board.

It is within the discretion of the board to address complaints from the members of the school district community, and the board will only consider whether to address complaints if they are in writing, signed, and the complainant has complied with this policy. The board is not obligated to address a complaint and may defer to the decision of the superintendent. If the board elects not to address a complaint, the decision of the superintendent shall be final. If the board does elect to address a complaint, its decision shall be final.

Legal Reference: Iowa Code §279.8

Cross Reference: 210.8    Board Meeting Agenda
213        Public Participation in Board Meetings
307        Communication Channels

Approved: 1-14-19
Reviewed: 9-11-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 10:57

214 - Board of Directors Meeting Agenda

214 - Board of Directors Meeting Agenda dawn.gibson.cm… Wed, 06/19/2024 - 11:00

214.01 - Board Meeting Agenda

An agenda with appropriate enclosures will be prepared and delivered or mailed to schools and to each Board member by the superintendent. These should reach the members of the Board sufficiently in advance of the meeting to allow adequate time for study and review.

The agenda for each regular and special meeting shall be posed at the administrative office at least 24 hours prior to the time of said meeting. Action on any item can only take place with items on the agenda as published. These provisions do not preclude the taking of testimony at regularly scheduled meetings on matters not on the agenda, which any member of the public may wish to bring before the board, provided that no action is taken by the Board on such matters at the same meeting at which such testimony is taken.

Individuals or groups who wish to place an item on the agenda should do so by contacting the Board’s secretary. Requests should include name, address, phone number, organization represented, purpose of the presentation, and pertinent background information. To be included on the regular meeting agenda, requests must be received by the superintendent not later than twenty-four (24) hours prior to the meeting.

Legal Reference: Iowa Code Chapter 21, §279.8 (1991)

Cross Reference: 206        Board of Directors Officers
211        Board of Directors Meetings
214.2    Order of Regular Board of Directors Meetings
215        Public Participation in Board of Directors Meetings
218        Board of Directors Records
1001.1 Examination of School District Records

Approved: 2-10-92
Reviewed: 9-11-23
Revised: 5-10-99

dawn.gibson.cm… Wed, 06/19/2024 - 11:00

214.02 - Order of Regular Board of Directors Meeting

The Board shall conduct an orderly board meeting. The Board will, at all regular board meetings, follow an agenda order similar to:

Call to Order

2. Declaration of Quorum

3. Adoption of Agenda

4. Business Functions

5. Public Speaks

A. Staff

6. Reports/Information

A. Administrative Reports

7. Unfinished Business

8. Personnel

9. New Business

10. Announcements

11. Adjournment

The tentative agenda shall be specific enough to properly inform the public of the business before the Board. The tentative agenda can be amended within the 24-hour notice period only if good cause exists requiring action on additional matters. If such matters are added, a statement to that effect should be entered in the minutes, and as much advance notice as possible should be given to the public and the media. This is not meant to prevent the Board or members of the public or the staff from introducing items for discussion only; action on discussion items, however, must normally be deferred to a subsequent meeting when the legally required notice can be given.

Legal Reference: Iowa Code Chapter 21 (1991)

Cross Reference: 211        Board of Directors Meetings
214.1    Board of Directors Agenda
215        Public Participation in Board of Directors Meetings
218        Board of Directors Minutes
1001.1 Examination of School District Records

Approved: 2-10-92
Reviewed: 9-11-23
Revised: 5-10-99

dawn.gibson.cm… Wed, 06/19/2024 - 11:01

215 - Public Participation in Board of Directors Meetings

The Board encourages public attendance and participation in its board meetings. The Board meets on a regular schedule of open public meetings to conduct the official business of the school district. The public is asked to recognize that time limitations require the Board to adopt procedures to assure an orderly process during the meeting.

In order to facilitate a productive, orderly meeting, persons who wish to address the Board should do so by contacting the Superintendent, Board President, or Board Secretary at least 24 hours prior to the meeting. If the stated subject is on the agenda, the speaker will be heard at the time that agenda item is initially brought up for discussion by the Board. Other speakers will also be recognized at the discretion of the Chair, if time permits. To insure fairness and efficiency, speakers are asked to keep comments as brief as possible, not to exceed five minutes.

Only those individuals recognized by the Chair shall be permitted to participate in the discussion. Any attempt by persons not so recognized to discuss any motion before the Board, is out of order. It shall be in order for the members of the Board, after first gaining recognition of the Chair, to interrupt the speaker to ask questions and clarify the discussion. The Chair shall permit and conduct adequate discussion of each item by Board members, staff and audience. In general, no more than five minutes will be allowed for public comments. Should additional time be needed, a motion to extend the discussion time may be made by any Board member.

If a topic is not on the agenda, persons may address the Board in the Public Forum item of the agenda. If an issue is raised which will require the preparation of an agenda item, it will be referred to the superintendent for such preparation, and the person raising the issue will be informed of the meeting when it will appear on the agenda. The Correspondence item of the agenda is designed for written comments from the public, not discussion.

Legal Reference: Iowa Code Chapter 21, §279.8 (1991)

Cross Reference: 205.1    Board of Directors Member Security and Protection
211        Board of Directors Meetings
216        Public Hearings
402.5    Citizens’ Complaints
1004      Public Participation in the School District

Approved: 2-10-92
Reviewed: 9-11-23
Revised: 5-10-99

dawn.gibson.cm… Wed, 06/19/2024 - 11:02

216 - Public Hearings

Public hearings may be held by the Board on school district matters at the discretion of the board. Public notice of a public hearing shall be in the same manner as for a school board meeting except that the notice shall be ten (10) days before the hearing is to be held.

At public hearings citizens who register at the door will be allowed to speak to the issue for which the public hearing is being held. Others may be allowed to speak at the board’s discretion. Speakers are asked to keep their remarks as brief as possible and no longer than five (5) minutes in length. Prior to the beginning of the hearing, speakers and spectators will be apprised of any rules of order to be followed in regard to time limitations, questions, remarks, rebuttals and so forth. In no event will a speaker be allowed to take the time of another speaker.

The Board shall conduct public hearings in an orderly fashion. At the beginning of the hearing, statements and support and background materials will be presented. The board president shall then recognize the speakers. A board member may ask questions of the speakers after receiving permission from the Chair. Only those speakers recognized by the Chair will be allowed to speak. Comments by others are out of order. Individuals who interfere with or interrupt speakers of the Board shall be asked to leave.

Legal Reference: Iowa Code §§24.9, 279.8 (1991)

Cross Reference: 211        Board of Directors Meetings
215        Public Participation in Board of Directors Meetings
803.3    Public Review of the Budget

Approved: 2-10-92
Reviewed: 9-11-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:03

217 - Board of Directors Relationships

217 - Board of Directors Relationships dawn.gibson.cm… Wed, 06/19/2024 - 11:04

217.01 - Board of Directors and Superintendent

The superintendent is hired by the Board as the chief executive officer of the Board to mange the day-to-day operation of the school district. The Board shall set policy to guide the superintendent and shall not be involved in the day-to-day operations of the school district.

The superintendent shall work closely with the Board, particularly the board president, to carry out and implement the policies of the Board, to advise the Board, to provide information to the Board, to offer alternative solutions to the Board with a recommendation, and to do other such duties the Board determines.

The superintendent shall attend all board meetings unless the superintendent has been excused by the Board president.

Legal Reference: Iowa Code §§279.8, 279.20 (1991).

Cross Reference: 302.1    Administration and Board of Directors
303        Superintendent
305        Reduction in Administrative Personnel

Approved: 2-10-92
Reviewed: 9-11-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:05

217.02 - Board of Directors and District Personnel

School district personnel will be utilized for their expertise to provide information to the Board and to take part on advisory committees when necessary.

The Board must remain objective about each employee. Personnel complaints, requests for changes and so forth must go first to the building principal and then to the superintendent unless the superintendent is the employee’s immediate supervisor. The Board shall only become involved with personnel issues when the Board is acting on recommendation of the superintendent in the employment of school district personnel and when the Board is acting as a hearing panel to discuss the termination of an employee.

Legal Reference: Iowa Code Chapter 21, §§279.8, .12-.18 (1991).

Cross Reference: 401.5    Staff Complaints
401.7    Relations to Administration and to the Board
401.8    Involvement in Decision-Making

Approved: 2-10-92
Reviewed: 9-11-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:06

217.03 - Board of Directors and Adjoining District Board of Directors

The Board may work with adjoining school district boards to provide additional opportunities in the school district’s educational programs as well as to operate the school district more economically and efficiently. As part of this joint effort, the Board shall pay particular attention to opportunities to share students, programs and school district personnel.

Legal Reference: Iowa Code Chapter 28E, §§279.8, 280.15, 442.39 (1991).
1978 Op. Att’y Gen. 64

Cross Reference: 410.2 Shared Certified Personnel

Approved: 2-10-92
Reviewed: 9-11-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:06

217.04 - Board of Directors and Area Education Agency

The Board shall utilize the resources of Mississippi Bend Area Education Agency (AEA) such as educational materials and staff resources, particularly in the area of special education. Support may include, but not be limited to, school psychologists; speech therapists; nurses; physicians; staff development; education consultant; media resources; dentists; and aides who work directly with students in the educational process.

The Board may also utilize the AEA to work with other school districts in the region for program offerings as well as purchase of supplies.

Legal Reference: Iowa Code Chapter 28E and 273, §279.8 (1991)
1978 Op. Att’y Gen. 64

Cross Reference: 610 Special Education

Approved: 2-10-92
Reviewed: 9-11-23
Revised: 5-10-99

dawn.gibson.cm… Wed, 06/19/2024 - 11:07

217.05 - Board of Directors and Elected Officials

Being aware of, and expressing their opinion on, proposed law revisions and new laws is essential to maintaining and creating an educational program to meet the needs of the school district community.

It shall be the responsibility of the board to remain in contact with elected officials representing the school district. It shall be the responsibility of the superintendent to assist the Board in keeping up-to-date on proposed law and in contacting the elected officials who represent the school district.

Legal Reference: Iowa Code §279.8 (1991)

Cross Reference: 604.6 Special Education
302.4 Administration and Area Education Agency

Approved: 2-10-92
Reviewed: 9-11-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:08

218 - Board of Directors Records

218 - Board of Directors Records dawn.gibson.cm… Wed, 06/19/2024 - 11:09

218.01 - Board of Directors Records

The Board shall keep and maintain permanent records of the Board including, but not limited to, records of the minutes of board meetings and other required records received by the Board.

It shall be the responsibility of the board secretary to keep the minutes of the school board meetings. The minutes of each meeting shall include as a minimum the following items: a record of date, time, place, members present, action taken and the vote of each member with the schedule of bills allowed attached. The schedule of bills allowed may be published on a once monthly basis in lieu of publication with the minutes. This information shall be furnished within two (2) weeks of the meeting, to be published in a newspaper designated as a newspaper for official publication. The permanent records of the board minutes may include more detail than is required for the publication of the minutes.

Minutes waiting approval at the next board meeting will be available for inspection at the office of the superintendent after the board secretary transcribes the notes into typewritten material which has been proofread for errors and retyped.

Legal Reference: Iowa Code Chapters 21 and 22, §§279.8, .35, .36, 291.6 (1991)
1974 Op. Att’y Gen. 403
1988 Op. Att’y Gen. 87-3-6
281 Iowa Admin. Code 12.3(1)

Cross Reference: 213 Closed Meetings of the Board of Directors
1003 Duplicated or Printed Materials

Approved: 2-10-92
Reviewed: 10-09-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:09

218.02 - Board of Directors Meeting Minutes

Since the official minutes of the board are the only basic legal record, it is important that they be recorded with extreme care and completeness. The board secretary will follow the following guidelines in writing board minutes:

With respect to content, the minutes should show the following:

1. The place, date, and time of each meeting.

2. The type of meeting – regular, special, emergency, work session.

3. Members present and members absent, by name.

4. The call to order and adjournment.

5. The departure of members by name before adjournment.

6. The late arrival of members, by name.

7. The time and place of the next meeting.

8. Approval, or amendment and approval, of the minutes of the preceding meeting.

9. Complete information as to each subject of the board’s deliberation and the action taken.

10. The maker and seconded of the motion, what action was taken, and the vote on the motion detailed enough to attribute a vote to each member present.

11. Complete text of all board resolutions, numbered consecutively for each fiscal year.

12. A record of all contracts entered into, with the contract documents kept in a separate file.

13. A record of all change orders on construction contracts.

14. All employment changes, including resignations or terminations.

15. A record, by number, of the bills of account approved by the board for payment.

16. A record of all calls for bids, bids received, and action taken thereon.

17. Approval of all transfers of funds from one budgetary fund to another.

18. Important documents forming a part of a motion should be made a part of the minutes by exhibit and placed in the minute book with the minutes.

19. Board policy and administrative guides should be made a part of the minutes by exhibit.

20. Adoption of textbooks and establishment of bus routes by the board for the school year as well as the school calendar should become part of the minutes.

21. Approval or disapproval of open enrollment requests with justification for disapproval or approval after the deadline.

22. A record of all delegations appearing before the board and a record of all petitions.

23. At the annual meeting in July each year the record should indicate that the books of the treasurer and secretary and the Certified Annual Report have been examined and approved subject to audit.

24. The election or appointment of board officers.

25. The appointment of auditors to examine the books.

At the organizational meeting in September, the minutes should reflect the following:

26. Appointment of a temporary chairperson if not specified by policy.

27. Oath of office administered to newly elected board members.

28. Nominations taken for the office of president and vice-president.

29. Election of the president and vice-president, the votes and the oath of office administered to the president and vice-president.

30. The resolution to pay bills when the board is not in session.

31. A resolution to automatically disburse payroll along with a roster of all employees under contract.

32. A resolution naming depositories along with the maximum deposit for each depository.

33. Resolution authorizing the use of a check protector a signer and the proper control of the signer.

34. Motion designating a member or a committee to examine the bills of account for a designated period of time on a rotation basis if desired for the balance of the school year.

35. Voting rotation when a roll call vote is used if so desired by the board.

Approved: 2-10-03
Reviewed: 9-11-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:10

219 - Board of Directors Member Services

219 - Board of Directors Member Services dawn.gibson.cm… Wed, 06/19/2024 - 11:17

219.01 - Association Memberships

Participation in board member associations can assist the Board. The Board may maintain an active membership in the Iowa Association of School Boards and in organizations the Board determines will be of benefit to the Board and the school district.

Legal Reference: Iowa Code §279.38 (1991)

Cross Reference: 219.2 Board of Directors Member Development and Training
219.4 New Board of Directors Member Orientation

Approved: 2-10-92
Reviewed: 10-09-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:17

219.02 - Board of Directors Member Development and Training

Individual Board members provide a vital public service to the school district by serving on a Board that is confronted by a dynamic array of issues challenging public education on the local, state and national levels.

It is in the best interest of the students and communities served by the schools that Board members be provided with ongoing development opportunities on local, regional, state and national levels.

Board members are encouraged to participate in development programs at district expense whenever the program reasonably appears to be beneficial to the Board/District operations.

Legal Reference: Iowa Code §279.8 (1991)

Cross Reference: 219.1 Association Membership
219.4 New Board of Directors Member Orientation

Approved: 1-14-91
Reviewed: 10-09-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:18

219.03 - Board of Directors Member Compensation and Expenses

Members of the Board of Directors shall serve without pay. They shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties as members of the Board.

Legal Reference: Iowa Code §§277.27, 279.32 (1991)

Cross Reference: 203 Conflict of Interest

Approved: 2-10-92
Reviewed: 10-09-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:19

219.04 - New Board of Directors Member Orientation

Board members and superintendents will assist newly elected or appointed Board member to understand the Board’s function, policies and procedures.

A new board member will be provided with copies of all appropriate publications and documents including the Board’s Policy manual, selected sections of School Laws of Iowa and other selected publications from regional and state sources.

New members will be encouraged to attend meetings or workshops conducted by outside organizations designed specifically for the orientation of new members. Expenses will be reimbursed by the Board in accordance with established policy.

Legal Reference: Iowa Code §279.8 (1991)

Cross Reference: 219.1 Association Membership
219.2 Board of Directors Member Development and Training

Approved: 2-10-92
Reviewed: 10-09-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:20

220 - School Visitation by Board of Directors

Board of Directors members are always welcome to visit the school building to observe the operations of the school district. Board of Directors members shall notify the administrative office when they are in the building for board-related business.

It shall be the responsibility of each board member to check in with the administrative office when they are in the building for board-related business.

Legal Reference: Iowa Code §279.8 (1991)

Cross Reference: 202.5 Individual Authority
1004.5 Visitors to the School Facility

Approved: 2-10-92
Reviewed: 10-09-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:22

221 - Gifts to Board of Directors Member

Board members may receive a gift on behalf of the school district. Board members shall not, either directly, solicit, accept or receive a gift, series of gifts or an honorarium unless the donor does not meet the definition of “restricted donor” stated below or the gift or honorarium does not meet the definition of gift or honorarium stated below.

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

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

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

Contributions to a candidate or a candidate’s committee;
Information material relevant to a board member’s official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;
Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
An inheritance;
Anything available or distributed to the general public free of charge without regard to the official status of the board recipient;
Items received from a charitable, professional, educational or business organization to which the board member belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member’s status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;
Actual expenses of board member 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 board member has participation or presentation responsibilities;
Plaques or items of negligible resale value given as recognition for public service;
Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;
Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given 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 business or educational conference, seminar or other meeting;
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 of 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;
Funeral flowers or memorials to a church or nonprofit organization;
Gifts which are given to a public official for the public official’s wedding or twenty-fifth or fiftieth wedding anniversary;
Payment of salary or expenses by a board member’s employer or the firm in which the board member is a member for the cost of attending a meeting of a subunit of an agency when the board member whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the board member is not entitled to receive compensation or reimbursement of expenses from the school district;
Gifts of other than food, beverages, travel and lodging received by a board member 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 board member; or
Actual registration costs for information 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, a board member as consideration for an appearance, speech or article. An honorarium does not include any of the following:

Actual expense of a board member 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 board members has participating or presentation responsibilities;
A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the department of general services; or
A payment made to a board member for services rendered as part of a private business, trade or profession in which the board member is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person’s status as a board member but, rather because of some special expertise or other qualification.

It shall be the responsibility of each board member to know when it is appropriate to accept or reject gifts or honorariums.

Legal Reference: Iowa Code ch. 68B (1993)
Iowa Code Supp. Ch. 68B (1993)
1972 Op. Att’y Gen. 276
1970 Op. Att’y Gen. 319

Cross Reference: 203 Board Member Conflict of Interest
402.4 Gifts to Employees

Approved: 2-10-92
Reviewed: 10-09-23
Revised: 3-13-95

dawn.gibson.cm… Wed, 06/19/2024 - 11:23

222 - Negotiations

In the process of collective bargaining, the Board shall endeavor to bargain in good faith on mandatory subjects of collective bargaining. The Board shall select a chief spokesperson who shall have the authority to represent the Board in the phases of collective bargaining including, but not limited to, reaching tentative agreement. Only the Board has the authority to ratify master labor agreements.

Upon appointment of the chief spokesperson, negotiations between certified bargaining unit and its members shall be directed to the Board’s chief spokesperson. Individual board members shall not be contacted directly by members of, or representatives for, the bargaining unit concerning issues relating to the negotiation process.

The Board, in conjunction with their chief spokesperson, shall determine the composition of management’s bargaining team.

The Board shall be responsible for determining the composition of the school district’s collective bargaining meet and confer teams. In developing these teams, the board shall consider the nature of the employee group, the individuals’ familiarity with or expertise in the area represented by the employee groups, and team continuity and consistency.

The Board shall set the parameters and goals for the negotiations and meet and confer process. Periodic strategy sessions shall be considered with the entire board to maintain open communications between the board, the meet and confer teams, and the chief spokesperson throughout the negotiations process.

Legal Reference: Burlington Community School District v. Public Employment Relations Board, 268 N.W.2d 517 (Iowa 1978)
621 Iowa Admin. Code 6
1982 Op. Att’y Gen. 162
Iowa Code §§20.17, 21.9 (1991)

Cross Reference: 400 Personnel

Approved: 2-10-92
Reviewed: 10-09-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:25

300 - SCHOOL DISTRICT ADMINISTRATION

300 - SCHOOL DISTRICT ADMINISTRATION Jen@iowaschool… Fri, 06/07/2024 - 08:11

300 - Role of School District Administration

In this series of the board policy manual, the board shall define the role and the employment of school district administrators. Policies relating to leaves and benefits for the administration are included in the licensed personnel section of Series 400, “Personnel”.

School district administrators have been given a great opportunity and a great responsibility to manage the school district, to provide the educational leadership, and to implement the educational philosophy of the school district. In carrying out these operations, the administration is guided by the board policies, the law, the needs of the students, and the wishes of the people in the school district community.

It shall be the responsibility of the administration to implement and enforce the policies of the Board, to oversee school district personnel, to monitor educational issues confronting the school district, and to inform the Board about school district operations.

While the Board holds the superintendent ultimately responsible for these duties, the principals are more directly responsible for educational results and for the administration of the school facilities and for the employees.

The Board and the administration shall work together to share information and decisions under the management team concept.

Approved: 2-10-92
Reviewed: 3-13-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:27

301 - Administrative Structure

301 - Administrative Structure dawn.gibson.cm… Wed, 06/19/2024 - 11:27

301.01 - Management Team

It is the superintendent’s responsibility to organize, reorganize and arrange the administrative and supervisory staff of the district in a fashion, which in the superintendent’s judgment, best serves the interest of the district based upon board approval.

The organizational structure of the district shall be illustrated by a chart. The chart represents the direction of authority and responsibility. The chart shall be regarded as visual representation of contracted authority and responsibility of each line and staff position.

Legal Reference: Iowa Code §279.8 (1991)

Cross Reference: 301 Administrative Structure
302 Administrative Relationships

Approved: 2-10-92
Reviewed: 3-13-23
Revised: 4-8-02

dawn.gibson.cm… Wed, 06/19/2024 - 11:27

301.02 - Organizational Chart

Bennett Schools Orgnizational Chart

Approved: 2-10-92
Reviewed: 3-13-23
Revised: 6-14-99

dawn.gibson.cm… Wed, 06/19/2024 - 11:28

301.03 - Advisory Team

The Board of Directors considers all those who have an effective role in the recruitment or release of teachers to be part of the management team. The management team shall be headed by the superintendent who shall convene meetings to discuss district policies, administrative procedures and other such business as shall be brought to the superintendent’s attention or which is deemed appropriate.

The management team shall meet with the Board occasionally to review overall operations of the district and conditions affecting the management team. The management team shall have no relationship to any formal negotiating unit. In the event a member or members of the management team are unable to resolve a problem, a committee of one Board member, one management team member, and the superintendent may investigate the circumstances and make a recommendation for the solution. If the solution proposed does not settle the matter, the full Board and the full management team may meet to resolve the matter; the advice of outside management consultants may be employed.

Legal Reference: Iowa Code §279.8 (1991)

Cross Reference: 301 Administrative Structure
302 Administrative Relationships

Approved: 2-10-92
Reviewed: 3-13-23
Revised: 4-08-02

dawn.gibson.cm… Wed, 06/19/2024 - 11:33

302 - Administration Relationships

302 - Administration Relationships dawn.gibson.cm… Wed, 06/19/2024 - 11:35

302.01 - Administration and Board of Directors

The superintendent, as the executive officer of the Board of Directors, shall work closely with the Board members, particularly the Board president, to keep the Board informed about school district operations. The Board shall maintain contact with other administrators through the superintendent.

The administrators and other administrative personnel shall work with the Board of Directors through its executive officer, the superintendent. The administration, working with the Board of Directors, shall assist the Board by gathering information, as requested by the Board, informing the Board about school district operations, implementing board policy and making recommendations.

The superintendent, unless excused by the Board president, and the principals, unless excused by the superintendent, shall attend each board meeting.

Legal Reference: Iowa Code §§279.8, .20, .21, .23, .24 (1991)
281 Iowa Admin. Code 12.4(4)

Cross Reference: 301        Administrative Structure
302        Administration and Relationships
306        Policy Implementation

Approved: 2-10-92
Reviewed: 3-13-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:35

302.02 - Administration and District Personnel

As managers of the school district, the administration shall recommend for employment the school district personnel, supervise them, and evaluate their performance. Complaints or requests by district personnel shall first be reported to their direct supervisor for resolution. It shall be the responsibility of the administration to resolve complaints and handle requests.

It shall be the responsibility of the administration to foster a positive attitude and to promote a cooperative effort among school district personnel. It shall also be the responsibility of the administration to prevent misunderstandings within the school district and the community about board policy. It shall be the responsibility of each administrator to provide leadership to the personnel, and it shall be the responsibility of each district employee to work cooperatively with the administration to accomplish the educational philosophy of the school district.

Legal Reference: Iowa Code §§279.8, .20, .21, .23, .24 (1991)
281 Iowa Admin. Code 12.4

Cross Reference: 301        Administrative Structure
302        Administration and Relationships
306        Policy Implementation

Approved: 2-10-92
Reviewed: 3-13-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:36

302.03 - Administration and Adjoining District Administration

Efficiency and economics may be achieved by working with neighboring school districts in the offering of educational programs or in-service and the sharing of personnel.

The administration shall consider and explore opportunities to work with the adjoining school district to expand the opportunities for the students and personnel in the school district.

Legal Reference: Iowa Code Chapter 28E, §§279.8, 280.15, 442.39 (1991)

Cross Reference: 301        Administrative Structure
302        Administration and Relationships
306        Policy Implementation
1007      Other Interdistrict Relations

Approved: 2-10-92
Reviewed: 3-13-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:37

302.04 - Administration and Area Education Agency

The administration shall utilize the resources of the Mississippi Bend Area Education Agency (AEA) on a selective basis, choosing to participate in high quality programs which specifically meet the needs of the school district. This includes utilizing educational materials and staff resources.

The administration may also utilize the AEA to facilitate regional programming and cooperation as well as to purchase supplies.

It shall be the responsibility of the superintendent/designee to coordinate activities with the AEA.

Legal Reference: Iowa Code Chapter 28E, §§273.1, 279.8 (1991)

Cross Reference: 301        Administrative Structure
302        Administration and Relationships
306        Policy Implementation

Approved: 2-10-92
Reviewed: 3-13-23
Revised: 5-8-95

dawn.gibson.cm… Wed, 06/19/2024 - 11:38

303 - Superintendent

303 - Superintendent dawn.gibson.cm… Wed, 06/19/2024 - 11:39

303.01 - Superintendent Qualifications, Recruitment, Appointment

The Board shall employ a superintendent to serve as the executive officer of the Board of Directors, to conduct the daily operations of the school district, and to implement board policy with the power and duties prescribed by the Board and the law.

The Board shall only consider applicants that meet or exceed the standards set by the State Department of Education and the qualifications established in the job description for the position. In employing a superintendent, the Board shall consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, gender, sexual orientation, marital status, national origin, religion, age, or disability. In keeping with the law, however, the Board will consider the veteran status of the applicants. The Board will look closely at the training, experience, skill and demonstrated competence of qualified applicants in making its final decision.

In choosing a superintendent, the Board shall also consider the school district’s educational philosophy, budget, organizational structure, educational programs, licensed staff, and any factors about the school district deemed relevant by the Board.

The Board may contract for assistance in the search for a superintendent.

Legal Reference: 29 U.S.C. §§621-634
42 U.S.C. §§2000e et seq
Iowa Code Chapters, 20, 70, 601A, §§279.8, .20 (1991)
281 Iowa Admin. Code 12.4(4)
1980 Op. Att’y Gen. 367

Cross Reference: 200.3    Powers of the Board of Directors
200.4    Responsibilities of the Board of Directors
301        Administrative Structure
303        Superintendent

Approved: 2-10-92
Reviewed: 3-13-23
Revised: 3-10-08

dawn.gibson.cm… Wed, 06/19/2024 - 11:39

303.02 -Superintendent Contract and Contract Non-renewal

The length of the contract for employment between the superintendent and the board is determined by the board. The contract will begin on July 1 and end on June 30. The contract will state the terms of employment and shall not exceed three years.

The first three consecutive years of a contract issued to a newly employed superintendent is considered a probationary period. The probationary period may be extended for an additional year upon the consent of the superintendent. In the event of termination of a probationary or nonprobationary contract, the board will afford the superintendent appropriate due process, as required by law. The superintendent and board may mutually agree to terminate the superintendent’s contract at any time.

It is the responsibility of the board to provide the contract for the superintendent. The board may issue a temporary and nonrenewable contract in accordance with law.

If the superintendent wishes to resign, to be released from a contract, or to retire, the superintendent must comply with applicable law and board policies.

Legal Reference:  Martin v. Waterloo Community School District, 518 N.W. 2d 381 (Iowa 1994)
  Cook v Plainfield Community School District, 301 N.W.2d 771 (Iowa App. 1980)
  Board of Education of Fort Madison Community School District v Youel, 282 N.W.2d 677 (Iowa 1979)
  Briggs v Board of Directors of Hinton Community School District, 282 N.W.2d 740 (Iowa 1979)
  Luse v. Waco Community School District of Henry Co., 258 Iowa 1087, 141 N.W.2d 607 (1966)
Iowa Code §279
281 I.A.C 12.4

Cross Reference: 302 Superintendent

Approved: 2-10-92
Reviewed: 3-13-23
Revised: 1-08-18

dawn.gibson.cm… Wed, 06/19/2024 - 11:46

303.03 - Superintendent Salary and Other Compensation

The Board has complete discretion to set the salary of the superintendent. The Board shall set the salary and fringe benefits at a level mutually agreeable to both the Board and the superintendent.

It shall be the responsibility of the Board to set the salary of the superintendent at a level that will include consideration of, but not be limited to, the economic condition of the school district and the training, experience, skill, and demonstrated competence of the superintendent. The salary shall be agreed upon at the beginning of each contract term.

In addition to the salary and benefits agreed upon, the superintendent’s actual and necessary expenses will be paid by the school district when the superintendent is performing school business. The expenses include, but are not limited to, mileage and dues to professional organizations.

Legal Reference: Iowa Code §279.20 (1991)

Cross Reference: 303 Superintendent

Approved: 2-10-92
Reviewed: 3-13-23
Revised: 5-8-95

dawn.gibson.cm… Wed, 06/19/2024 - 11:54

303.04 - Superintendent Duties

The overall responsibility for the administration of the school system shall be delegated to the superintendent, who shall perform the various administrative functions in accord with the policies and actions of the Board of Directors. The superintendent shall be vested with the necessary authority and be provided the appropriate personnel to carry out the broad responsibilities of the position.

The superintendent shall be authorized to organize the administration in such a matter as to facilitate the most efficient and effective operation of the District. The superintendent shall have the discretion to delegate to other school personnel the exercise of any authority and the discharge of any responsibilities imposed upon the superintendent by law, agency regulations, or Board action. The delegation of power or duty, however, shall not relieve the superintendent of accountability for the results of such delegation.

In addition to serving as chief administrator, the superintendent shall function as professional advisor to and chief executive officer of the Board of Directors. As such, he shall be directly responsible to the Board for the execution of its policies and decisions, consistent with legal requirements and with ethical standards of the profession. The superintendent shall have the power to make rules and render decisions, not in conflict with the law or with Board policies or actions.

The superintendent shall be permitted to attend all meetings of the Board and shall be granted the privilege of taking part in all deliberations, but shall not vote.

The responsibilities of the superintendent shall be enumerated more specifically in a job description which, however, shall not act to limit the broad authority and responsibilities of the office.

Legal Reference: Iowa Code §§279.8. .20 (1991)
281 Iowa Admin. Code 12.4(4)

Cross Reference: 200.3    Powers of the Board of Directors
200.4    Responsibilities of the Board of Directors
301        Administrative Structure
303        Superintendent

Approved: 2-10-92
Reviewed: 3-13-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:55

303.05 - Superintendent Evaluation

The board will conduct an on-going evaluation of the superintendent’s skills, abilities, and competence. At a minimum, the board will formally evaluate the superintendent on an annual basis. The goal of the superintendent’s formal evaluation is to ensure the education program for the students is carried out, promote growth in effective administrative leadership, clarify the superintendent’s role, clarify the immediate priorities of the board, and develop a working relationship between the board and the superintendent.

The superintendent will be an educational leader who promotes the success of all students by:

Facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community.
Advocating, nurturing, and sustaining a school culture and instructional program conducive to student learning and staff professional development.
Ensuring management of the organization, operations and resources for a safe, efficient, and effective learning environment.
Collaborating with families and community members, responding to diverse community interests and needs and mobilizing community resources.
Acting with integrity, fairness, and in an ethical manner.
Understanding the profile of the community, and responding to and influencing the larger social, economic, legal, and political context.

The formal evaluation will be based upon the following principles:

The evaluation criteria will be in writing, clearly stated, and mutually agreed upon by the board and the superintendent. The criteria will be related to the job description and the school district’s goals;
At a minimum, the evaluation process will be conducted annually at a time agreed upon;
Each board member will have an opportunity to individually evaluate the superintendent, and these individual evaluations will be compiled into an overall evaluation by the entire board;
The superintendent will conduct a self-evaluation prior to discussing the board’s evaluation, and the board as a whole will discuss its evaluation with the superintendent;
The board may discuss its evaluation of the superintendent in closed session upon a request from the superintendent and if the board determines its discussion in open session will needlessly and irreparably injure the superintendent’s reputation; and,
The individual evaluation by each board member, if individual board members so desire, will not be reviewed by the superintendent. Board members are encouraged to communicate their criticisms and concerns to the superintendent in the closed session. The board president will develop a written summary of the individual evaluations, including both the strengths and weaknesses of the superintendent, and place it in the superintendent’s personnel file to be incorporated into the next cycle of evaluations.

This policy supports and does not preclude the ongoing, informal evaluation of the superintendent’s skills, abilities, and competence.

Legal Reference: Iowa Code §§279.8, .20, .23, .23A (1991)
281 Iowa Admin. Code 12.3(4)

Cross Reference: 213        Closed Meetings of the Board of Directors
302.1    Administration and the Board of Directors
303        Superintendent

Approved: 2-10-92
Reviewed: 3-13-23
Revised: 12-15-08

dawn.gibson.cm… Wed, 06/19/2024 - 11:56

303.06 - Superintendent Professional Development

The Board encourages the superintendent to continue professional growth by being involved in professional organizations, attending conferences, continuing the superintendent’s education, and participating in other professional activities.

It shall be the responsibility of the superintendent to arrange the superintendent’s schedule of events in order to enable attendance at various conferences and events.

Legal Reference: Iowa Code §279.8 (1991)
281 Iowa Admin. Code 12.7, 85.12, 86.28, 88

Cross Reference: 219.2 Board of Directors Development and Training

Approved: 2-10-92
Reviewed: 3-13-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:58

303.07 - Superintendent Civic Activities

The Board encourages the superintendent to be involved in the district community by belonging to community organizations and attending and participating in community activities.

It shall be the responsibility of the superintendent to become involved in community activities and events. It shall be within the discretion of the Board to pay annual fees for involvement in any community organization.

Legal Reference: Iowa Code §279.8 (1991)

Cross Reference: 1007 Other Interdistrict Relations

Approved: 2-10-92
Reviewed: 3-13-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 11:58

303.08 - Superintendent Consulting/Outside Employment

If the superintendent’s position is considered full-time employment, the Board expects the superintendent to give the responsibilities of the position precedence over other employment. The superintendent may accept consulting or outside employment for pay as long as, in the judgment of the Board, the work is conducted on the superintendent’s personal time and it does not interfere with the performance of the superintendent’s duties contracted by the Board.

The Board reserves the right, however, to request that the superintendent cease the outside employment as a condition of continued employment. The Board shall give the superintendent thirty (30) days notice to cease outside employment.

Legal Reference: Iowa Code §279.8, .20 (1991)

Cross Reference: 303.2 Superintendent Contract and Contract Non-Renewal
303.4 Superintendent Duties

Approved: 2-10-92
Reviewed: 3-13-23
Revised: 5-8-95

dawn.gibson.cm… Wed, 06/19/2024 - 11:59

304 - Administrative Personnel

304 - Administrative Personnel dawn.gibson.cm… Wed, 06/19/2024 - 12:00

304.01 - Administrative Positions

The school district shall have, as an organizational structure, a Superintendent and an Elementary Principal. The board has the right to combine these positions into one position if they believe it is best for district operation.

It shall be the responsibility of the administrators to uphold the policies of the Board, to instill a positive, cooperative environment with school district personnel, and to share their expertise with each other and the Board under the management team concept.

Legal Reference: Iowa Code §§279.8, .20, .21, .23 (1991)
281 Iowa Admin. Code 12.4

Cross Reference: 301 Administrative Structure
304 Administrative Personnel

Approved: 2-10-92
Reviewed: 4-10-23
Revised: 4-14-14

dawn.gibson.cm… Wed, 06/19/2024 - 12:02

304.02 - Administrator Qualifications, Recruitment, Appointment

The Board shall employ a building principal and other administrators, in addition to the superintendent, to assist in the daily operations of the school district.

The Board shall only consider applicants that meet or exceed the standards set by the State Department of Education and qualifications set by the Board for the position. In employing these administrators, the Board shall consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, gender, sexual orientation, marital status, national origin, religion, age, or disability. In keeping with the law, however, the Board will consider the veteran status of the applicants. The Board will look closely at the training, experience, skill, and demonstrated competence of all qualified applicants in making its final decision.

Also, as part of choosing a building principal or other administrator, the Board shall consider the school district’s educational philosophy, budget, organizational structure, educational programs, licensed staff, and any other factors about the school district deemed relevant by the Board.

It shall be the responsibility of the superintendent to make a recommendation to the Board for filling an administrative position, based on the requirements stated in this policy. The Board shall act only on the superintendent’s recommendation.

The Board may contract for assistance in the search of administrators.

Legal Reference: Iowa Code §§279.8, .21 (1991)
281 Iowa Admin. Code 12.4
1980 Op. Att’y Gen. 367

Cross Reference: 304 Administrative Personnel

Approved: 2-10-92
Reviewed: 4-10-23
Revised: 3-10-08

dawn.gibson.cm… Wed, 06/19/2024 - 12:05

304.03 - Administrator Contract and Contract Nonrenewal

The length of the contract for employment between an administrator and the board will be determined by the board and stated in the contract. The contract will also state the terms of the employment.

The first three consecutive years of a contract issued to a newly employed administrator will be considered a probationary period. The probationary period may be extended for an additional year upon the consent of the administrator. In the event of termination of a probationary or nonprobationary contract, the board will afford the administrator appropriate due process, as required by law. The administrator and board may mutually agree to terminate the administrator’s contract.

It is the responsibility of the superintendent to create a contract for each administrative position. The board may issue temporary and nonrenewable contracts in accordance with law.

Administrators who wish to resign, to be released from a contract, or to retire, must comply with applicable law and board policies.

Legal Reference:  Martin v. Waterloo Community School District, 518 N.W. 2d 381 (Iowa 1994)
  Cook v Plainfield Community School District, 301 N.W.2d 771 (Iowa App. 1980)
  Board of Education of Fort Madison Community School District v Youel, 282 N.W.2d 677 (Iowa 1979)
  Briggs v Board of Education of Hinton Community School District, 282 N.W.2d 740 (Iowa 1979)
Iowa Code §279
281 I.A.C. Code 12.4

Cross Reference: 303 Administrative Employees

Approved: 2-10-92
Reviewed: 3-13-23
Revised: 1-08-18

dawn.gibson.cm… Wed, 06/19/2024 - 12:06

304.04 - Principal Salary and Other Compensation

The Board has complete discretion to set the salary of the principal. The Board shall set the salary and fringe benefits at a level mutually agreeable to both the Board and the principal.

It shall be the responsibility of the Board to set the salary of the principal at a level that will include consideration of, but not be limited to, the economic condition of the school district and the training, experience, skill, and demonstrated competence of the principal. The salary shall be agreed upon at the beginning of each contract period.

In addition to the salary and benefits agreed upon, the principal’s actual and necessary expenses will be paid by the school district when the principal is performing school business.

Legal Reference: Iowa Code §279.21 (1991)

Cross Reference: 304 Administrative Personnel

Approved: 2-10-92
Reviewed: 4-10-23
Revised: 4-8-02

dawn.gibson.cm… Wed, 06/19/2024 - 12:09

304.05 - Principal Duties

Principals shall be hired by the board to assist the superintendent in the day-to-day operations of the school district.

The responsibilities and duties of the individual administrative positions shall be enumerated more specifically in job descriptions for each position. These descriptions, however, shall not act to limit the responsibilities of the office as determined by the Board and the superintendent.

Legal Reference: Iowa Code §§279.8, .21 (1991)
281 Iowa Admin. Code 12.4(5), .4(6), .4(7), 43, 58

Cross Reference: 301 Administrative Structure
304 Administrative Personnel

Approved: 2-10-92
Reviewed: 4-10-23
Revised: 4-8-02

dawn.gibson.cm… Wed, 06/19/2024 - 12:09

304.06 - Principal Evaluation

The superintendent shall conduct an ongoing process of evaluating the principal on their skills, abilities, and competence. Annually, the superintendent will formally evaluate the principal. The goal of the formal evaluation process is to ensure the educational program for the students is carried out, promote growth in effective administrative leadership for the school district, clarify the principal’s role as the Board and the superintendent see it, as certain areas in need of improvement, clarify the immediate priorities of the responsibilities listed in the job description, and develop a working relationship between the superintendent and the principal.

The formal evaluation shall include written criteria related to the job description. The formal evaluation shall also include an opportunity for the principal and the superintendent to discuss the written criteria, the past year’s performance and the future areas of growth. The evaluation shall be completed by the superintendent, signed by the principal and filed in the principal’s personnel file.

It shall be the responsibility of the superintendent to conduct formal evaluation of the probationary principal and non-probationary principals prior to April 30, at a time mutually agreeable to the administrators and the superintendent.

This policy supports and does not preclude the ongoing informal evaluation of the principal’s skills, abilities and competence.

Legal Reference: Iowa Code §§279.8, .21-.23A (1991)

Cross Reference: 302.1 Administration and the Board of Directors
304 Administrative Personnel

Approved: 2-10-92
Reviewed: 4-10-23
Revised: 4-8-02

dawn.gibson.cm… Wed, 06/19/2024 - 12:11

304.07 - Principal Professional Development

The Board encourages the principals to continue their professional growth by becoming involved in professional organizations, attending conferences, continuing their education, and doing other professional activities.

It shall be the responsibility of the principal to arrange their schedules in order to attend various conferences and events in which they are involved. Prior to attendance at an event, the principal must have received approval from the superintendent.

Legal Reference: Iowa Code §279.8 (1991)
281 Iowa Admin. Code 12.7, 85.12, 86.4, .6, .8-.9, 88

Cross Reference: 303.6 Superintendent Professional Development

Approved: 2-10-92
Reviewed: 4-10-23
Revised: 4-08-02

dawn.gibson.cm… Wed, 06/19/2024 - 12:12

304.08 - Principal Civic Activities

The Board encourages the principal to be involved in the school district community by belonging to community organizations, and by attending and participating in community activities.

It shall be the responsibility of the principal to become involved in community activities and events.

Legal Reference: Iowa Code §279.8 (1991)

Cross Reference: 1007 Other Interdistrict Relations

Approved: 2-10-92
Reviewed: 4-10-23
Revised: 4-8-02

dawn.gibson.cm… Wed, 06/19/2024 - 12:13

304.09 - Principal Consulting/Outside Employment

An administrative position is considered full-time employment. The Board expects principals to give the responsibilities of their positions in the school district precedence over other employment. A principal may accept consulting or outside employment for pay as long as, in the judgment of the Board and the superintendent, the work is conducted on the principal’s personal time and it does not interfere with the performance of the administrative duties contracted by the Board.

The Board reserves the right, however, to request the principal cease the outside employment as a condition of continued employment. The Board shall give the principal thirty (30) days notice to cease outside employment.

Legal Reference: Iowa Code §§279.8, .21 (1991)

Cross Reference: 304.3 Administrative Contract and Contract Non-Renewal
304.5 Administrative Duties

Approved: 2-10-92
Reviewed: 4-10-23
Revised: 4-8-02

dawn.gibson.cm… Wed, 06/19/2024 - 12:14

305 - Reduction in Administrative Positions

The Board shall have the discretion to determine the appropriate number of administrative personnel.

When considering a reduction in administrative personnel, the Board shall consider the number of students to be enrolled, the condition of the facilities, the economic condition of the school district, the reassignment of duties among other administrative personnel, and other factors deemed relevant by the Board.

The Board shall consider the relative skills, ability, competence, experience, effectiveness, and qualifications of the administrators to do the available work, as well as other factors deemed relevant by the board in making reductions of administrative personnel.

Legal Reference:  Olds v Board of Education, Nashua Community School District, 334 N.W.2d 765 (Iowa App. 1983)
  Ar-We-Va Community School District v Long and Henkenius, 292 N.W.2d 492 (Iowa 1980)
  In re Waterloo Community School District and Concerning William J. Gowans, 338 N.W.2d 153 (Iowa 1983)
Iowa Code §§279.8, .21, .24 (1991)

Cross Reference: 303 Superintendent
304 Administrative Personnel

Approved: 2-10-92
Reviewed: 4-10-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 12:15

306 - Policy Implementation

306 - Policy Implementation dawn.gibson.cm… Wed, 06/19/2024 - 12:16

306.01 - Development and Enforcement of Administrative Regulations

Administrative regulations may be necessary to implement board policy. It shall be the responsibility of the superintendent to develop administrative regulations.

In developing the administrative regulations, the superintendent may consult with the administrators or others likely to be affected by the regulations. Once the regulations are developed, school district personnel, students and other members of the school district community shall be informed in a manner determined by the superintendent.

The Board shall be kept informed of the administrative regulations utilized and their revisions. The Board may review and recommend change of administrative regulations prior to their use in the school district if they are, in the Board’s judgment, contrary to the intent of board policy.

It shall be the responsibility of the superintendent to enforce the administrative regulations in an appropriate manner for the situation.

Legal Reference: Iowa Code §279.8 (1991)

Cross Reference: 210 Board of Directors Management Procedures
306.2 Monitoring of Administrative Regulations

Approved: 2-10-92
Reviewed: 4-10-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 12:16

306.02 - Monitoring of Administrative Regulations

The administrative regulations shall be monitored, and revised when necessary. It shall be the responsibility of the superintendent to monitor and revise the school district’s administrative regulations.

The superintendent, in addition to the superintendent’s own knowledge, may rely on the Board, the administrators, school district personnel, students, and other members of the school district community to inform the superintendent about the effect of and possible changes in the administrative regulations.

Legal Reference: Iowa Code §§279.8, .20 (1991)

Cross Reference: 210 Board of Directors Management Procedures
306.1 Development and Enforcement of Administrative Regulations

Approved: 2-10-92
Reviewed: 4-10-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 12:17

306.03 - Administration in Absence of Policy

When there is no board policy in existence to provide guidance on a matter before the administration, the superintendent shall have the authority to exercise discretion based on the circumstances surrounding the situation.

Legal Reference: Iowa Code §273.1, 279.8 (1991)

Cross Reference: 101        Educational Philosophy of the School District
200.3    Responsibilities of the Board of Directors
210        Board of Directors Management Procedures

Approved: 2-10-92
Reviewed: 4-10-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 12:18

307 - Administrator Code of Ethics

Administrators, as part of the educational leadership in the school district community, represent the views of the school district. Their actions, verbal and nonverbal, reflect the attitude and the beliefs of the school district. Therefore, administrators shall conduct themselves professionally and, in a manner, fitting to their position at all times.

Each administrator shall follow the code of ethics stated in this policy. Failure to act in accordance with this code of ethics or in a professional manner, in the judgment of the Board, shall be grounds for discipline and, possibly, for dismissal.

The professional school administrator:

Upholds constantly the honor and dignity of the profession in actions and relations with pupils, colleagues, school board members and the public;
Obeys local, state and national laws; holds to high ethical and moral standards; and gives loyalty to this country and to the cause of democracy and liberty;
Accepts the responsibility to master and contribute to the growing body of specialized knowledge, concepts, and skills which characterize school administration as a profession;
Strives to provide the finest possible educational experiences and opportunities to members of the school district community;
Seeks to preserve and enhance the prestige and status of the profession when applying for a position or entering into contractual agreements;
Carries out in good faith the policies duly adopted by the local board and regulations of state authorities and renders professional service;
Disallows consideration of private gain or personal economic interest to affect the discharge of professional responsibilities;
Recognizes the public schools are the public’s business and seeks to keep the public informed about their schools; and
Supports and practices the administrative team concept.

Legal Reference: Iowa Code §§273.1, 279.8 (1991)

Cross Reference: 101        Educational Philosophy of the School District
204        Code of Ethics
404        General Personnel Conduct and Appearance
502.1    Student Appearance

Approved: 2-10-92
Reviewed: 5-08-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 12:19

308 - Succession of Authority to the Superintendent

In the absence of the superintendent, it shall be the responsibility of the building principal to assume the superintendent’s duties.

If the absence of the superintendent is temporary, the successor shall assume only those duties and responsibilities of the superintendent that require immediate action. If the absence of the superintendent will be a lengthy one, as determined by the Board, the Board shall appoint an acting superintendent to immediately assume the responsibilities of the superintendent.

It shall be the responsibility of the superintendent to inform the successor of the superintendent’s absence, if possible. If the superintendent is unable to inform the successor, it shall be the responsibility of the successor to assume the superintendent’s duties, in accordance with this policy statement, when the successor learns of the absence and its length.

References to “superintendent” in this policy manual shall mean the “superintendent or the superintendent’s designee” unless otherwise stated in the board policy.

Legal Reference: Iowa Code §279.8 (1991)
281 Iowa Admin. Code 12.4(4)

Cross Reference: 303 Superintendent

Approved: 2-10-92
Reviewed: 5-08-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 12:20

309 - Authority and Communication Channels

Questions and problems shall be resolved at the lowest organizational level nearest to the complaint. School district personnel shall be responsible to confer with their immediate supervisor on questions and problems for resolution. Students and other members of the district community shall confer with a member of licensed personnel and then with the building principal on questions and problems for resolution.

If resolution is not possible by any of the above, individuals may bring it to the attention of the superintendent within five (5) days of their discussion with the building principal. If the superintendent is the employee’s immediate supervisor and if there is no resolution or plan for the resolution by the superintendent within ten (10) days of the individual’s discussion with the superintendent, the individual may ask to have the question or problem placed on the board agenda. The action of the Board will be final.

It shall be the responsibility of the administrators to resolve questions and problems raised by the school district personnel and students they supervise and by other members of the district community.

Legal Reference: Iowa Code §§273.1, 279.8 (1991)

Cross Reference: 401.5 General Personnel Complaints
502.6 Student Complaints and Grievances

Approved: 2-10-92
Reviewed: 5-08-23
Revised:

dawn.gibson.cm… Wed, 06/19/2024 - 12:21

400 - PERSONNEL

400 - PERSONNEL Jen@iowaschool… Fri, 06/07/2024 - 08:11

400 - Role of and Guiding Principles for Personnel

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. To the extent a group of employees has a recognized collective bargaining unit, the provisions of the master contract regarding such topics shall prevail.

Board policies in this series relating to general employees will apply to employees regardless of their position as a licensed employee, classified employee, substitute or administrator. Board policies relating to licensed employees will 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 or a more specific policy is in the 300 series, Administration. Classified employees’ policies included in this series will apply to positions that do not fall within the definition of licensed employee.

Approved: 3-31-92
Reviewed: 7-08-19
Revised: 2-12-18

dawn.gibson.cm… Thu, 06/13/2024 - 10:35

401 - General Personnel and Internal Relations

401 - General Personnel and Internal Relations dawn.gibson.cm… Thu, 06/13/2024 - 10:36

401.01 - General Personnel Orientation

Employees must know their role and their duties as school district employees. School district personnel shall be required to participate in an orientation program for new employees. It shall be the responsibility of the direct supervisor to provide the new employee with a review of the employee’s responsibilities, duties and appropriate procedures. Payroll procedures and employee benefit programs on accompanying forms will be explained to the employee by the Business Manager and outlined in the Employees Guide Handbook.

New employees will be required to assume the responsibilities of their position immediately. The administration and the immediate supervisor shall be available to answer questions.

Legal Reference: Iowa Code Chapter 20 and §279.8 (1991).

Cross Reference: 401.7     General Personnel Relations to Administration and to the Board
402.6     General Personnel Relations to the Public
404        General Personnel Conduct and Appearance

Approved: 3-31-92
Reviewed: 7-08-19
Revised: 8-9-99

dawn.gibson.cm… Thu, 06/13/2024 - 10:39

401.02 - Equal Employment Opportunity

The Bennett Community School District shall provide equal opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity and Affirmative Action laws, directives and regulations of federal, state and local governing bodies. An opportunity to all employees and applicants for employment includes hiring, placement, upgrading, transfer or demotion, recruitment, advertising or solicitation for employment, treatment during employment, rates of pay or other forms of compensation, and layoff or termination.

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 State Department of Education for the class or position for which they apply. In employing school district personnel, the board shall consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, marital status, national origin, religion, age, disability, sexual orientation, or gender identity. In keeping with the law, the board shall consider the veteran status of applicants.

This policy shall be reviewed by the administration at least one time per year. Employees shall be given notice of this policy annually.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action, including but not limited to complaints or discrimination, shall be directed to the Affirmative Action Coordinator, Bennett Community School District, Box D, Bennett, Iowa 52721; or by telephoning him/her at 563-890-2226.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity, including but not limited to complaints of discrimination, may also be directed, in writing, to the Director of Region VII office of Civil Rights, Department of Education, Kansas City, Missouri. Such 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 grievance are available in the district’s central administrative office.

Legal Reference: 29 U.S.C. §§621-634.
42 U.S.C. §§2000e et seq.
Iowa Code Chapter 20, 70 and 601A, §279.8 (1991).
281 Iowa Admin. Code 12.4, 84-88.

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

Approved: 3-31-92
Reviewed: 7-08-19
Revised: 6-10-02, 2-11-13

dawn.gibson.cm… Thu, 06/13/2024 - 10:43

401.03 - General Personnel Conflict of Interest

School district employee’s use of their position with the school district for personal financial gain shall be considered a conflict of interest with their position as a school district employee and may subject the employee to disciplinary action.

Employees of the school district have access to information and a captive audience that could award the employee personal or financial gain. No school district 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 (5) days notice, require the employee to cease such solicitations as a condition of continued employment.

School district personnel shall not act as an agent or dealer for the sale of textbooks or other school supplies to the school district. School district employees shall not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to pupils or to parents. School district employees 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 system.

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.

The approval of the board will be required prior to solicitation of other employees, students, or community members for school-sponsored activities or for nonschool-related charitable organizations by school district personnel acting as representatives of the school district.

Legal Reference: Iowa Code §§20.7, 273.1, 279.8, 301.28 (1991).

Cross Reference: 402.3    Solicitations from Outside
402.4    Gift to Employees
402.7    General Personnel Outside Employment
407.5    Licensed Personnel Suspension

Approved: 3-31-92
Reviewed: 7-08-13, 7-11-16. 7-08-19
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 10:44

401.04 - Nepotism

More than one family member may be an employee of the school district. It shall be 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.

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

Legal References: Iowa Code §§20, 273.1, 277.27, 279.8 (1991).

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

Approved: 3-31-92
Reviewed: 7-11-16
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 10:46

401.05 - Employee Complaints

Complaints of employees against fellow employees should be discussed directly between employees. If necessary, complaints will be brought directly to the immediate supervisor, principal, or superintendent and will be made in a constructive and professional manner. Complaints will never be made in the presence of other employees, students or outside persons.

Legal Reference: Iowa Code §§20; 279.8.

Cross Reference: 307 Communication Channels

Approved: 3-31-92
Reviewed: 7-08-19
Revised: 2-12-18

dawn.gibson.cm… Thu, 06/13/2024 - 10:47

401.06 - General Personnel Records

For the benefit of the school district employees, only the superintendent, the principal, the employee’s immediate supervisor, and the employee shall have access to the employee’s personnel file.

Information for federal tax purposes, wage garnishment or for completing a credit application shall be released as needed and as allowed by board policy.

Employees who have listed the school district as a reference or place of employment on a job application shall be deemed to have granted authority for the school district to release information of the same nature as released for credit information. Others who wish access to a personnel file must have the approval of the employee.

During regular business hours an employee, upon request and in the presence of the superintendent, may have access to and view the employee’s personnel file. Information contained in the file may be viewed by the employee except for information obtained prior to the employment of the employee, contained in the evaluation file, or received from an examination considering reassignment, transfer or promotion of the employee.

It shall be the responsibility of the superintendent to keep school district employees’ personnel files current. The superintendent shall be the custodian of school district personnel files.

Cross Reference: 402.1 Release of Credit Information
1001.1 Public Examination of School District Records

Approved: 3-31-92
Reviewed: 7-08-19
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 10:48

401.06 - General Personnel Records

The school district will 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 will include, but not be limited to, records necessary for the daily administration of the school district, salary records, evaluations, application for employment, references, and other items needed to carry out board policy. Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility. Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.

Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee. The school district may charge a reasonable fee for each copy made. Employees, however, will not be allowed access to the employment references written on behalf of the employee. Board members will generally only have access to an employee's file when it is necessary because of an employee related matter before the board.

It is the responsibility of the superintendent to keep employees' personnel files current. The board secretary is the custodian of employee records.

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

Legal Reference: Iowa Code chs. 20; 21; 22; 91B (2007).
Clymer v. City of Cedar Rapids, No. 209/97-1705 (Iowa 1999).
Des Moines Independent Community School District v. Des Moines Register and Tribune Company, 487 N.W. 2d 666 (Iowa 1992).
City of Dubuque v. Telegraph Herald, Inc., 297 N.W. 2d 523 (Iowa 1980).

Cross Reference: 402.01 Release of Credit Information
403 General Personnel Health and Well-Being
808 Care, Maintenance and Disposal of School District Records

Approved:
Reviewed:
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 10:49

401.06R1 - General Personnel Records Regulation

Employee Personnel Records Content

Employee personnel records may contain the following information:
- Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.
- Individual employment contract.
- Evaluations.
- Application, resume and references.
- Salary information.
- Copy of the employee's license or certificate, if needed for the position.
- Educational transcripts.
- Assignment.
- Records of disciplinary matters.
Employee health and medical records are kept in a file separate from the employee's personnel records. Health and medical records may contain, but are not limited to:
- Medical professional signed physical form.
- Sick or long-term disability leave days.
- Worker's compensation claims.
- Reasonable accommodation made by the school district to accommodate the employee's disability.
- Employee's medical history.
- Employee emergency names and numbers.
- Family and medical leave request forms.
The following are considered public personnel records available for inspection:
- The name and compensation of the individual, including any written agreement establishing compensation or any other terms of employment, except for that information that is otherwise protected. “Compensation” includes the value of benefits conferred including, but not limited to: casualty, disability, life or health insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments, retirement benefits and deferred compensation;
- The dates the individual was employed by the government body;
- The positions the individual holds or has held with the government body;
- The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual’s previous employers, positions previously held and dates of previous employment;
- The fact that the individual resigned in lieu of termination, was discharged, or was demoted as a result of a disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion. “Demoted” or “demotion” mean a change of an employee from a position in a given classification to a position in a classification having a lower pay grade; and
- Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to the Family Educational Privacy Rights Act (FERPA.)

Applicant File Records Content

Records on applicants for positions with the school district are maintained in the central administration office. The records will include, but not be limited to:

Application for employment.
Resume.
References.
Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.
Affirmative action form, if submitted.

Record Access

Only authorized school officials will have access to an employee's records without the written consent of the employee. Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary. In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical file without the consent of the employee. Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of board business.

Approved:
Reviewed:
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 10:55

401.07 - General Personnel Relations to Administration and to the Board

School district personnel are encouraged to attend school board meetings. School district personnel shall be available to provide information and assist in providing recommendations to the board upon request. The employees shall keep the board informed through the administration about educational trends and issues that may assist the board. It shall be the responsibility of the employees to keep the administration informed about the day-to-day occurrences in their work areas.

It shall be the responsibility of the superintendent to develop avenues for communication between the board and the employees. These avenues of communication will not be construed as denying the right of any employee to appeal any action or decision of the superintendent to the board.

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

Cross Reference: 401.5 General Personnel Complaints
401.8 General Personnel Involvement in Decision-Making

Approved: 3-31-92
Reviewed: 7-11-16
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 10:57

401.08 - General Personnel Involvement in Decision Making

Input from school district personnel regarding the students, the educational program and other school district operations will be considered by the administration and the board. School district personnel may be requested to make a presentation to the board. The administration, in its discretion, may consult with employees about proposed changes in the educational program and operations in the school district.

Teachers having suggestions for changes for improvements in administrative procedure or policy should take such suggestions directly to the principal and/or the superintendent. The principal or superintendent will give the teacher a fair and courteous hearing regarding the same. After a final decision is made on any policy or procedure, teachers will be expected to accept the same in their subsequent actions, discussions and relations.

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

Cross Reference: 302.2 Administration and School District Personnel
401.7 General Personnel Relations to Administration and to the Board

Approved: 3-31-92
Reviewed: 7-08-19
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 10:58

401.09 - Use of School District Facilities and Equipment by General Personnel

The primary purpose of the school district facilities and equipment is the delivery of the educational program. Resources for school equipment are limited. Each user must operate the equipment with the utmost care. School district employees may use school equipment for any school purpose or activity held during the school day or for a school-sponsored event. School district personnel may not use school equipment for non-school sponsored events without prior approval from the Superintendent or his designee.

School district facilities will be open at 7:00 A.M. on regular school days. School district personnel shall be issued a key to the building to which they are assigned, unless their position requires additional keys be issued to them. Employees shall be responsible for the keys assigned to them. If lost keys require the locks to the school facility be changed, the employee losing the keys may be responsible for payment of the cost to change the locks.

A request by an employee to use the facilities for nonschool-related business must be approved by the principal. Such a request will not supersede any prior request made by another individual or organization. The employee will be responsible to meet the same requirements as other individuals or organizations using the facilities.

Legal Reference: Iowa Code §§256.12, 273.1, 279.8, 297.9 (1991).

Cross Reference: 1006 Use of School District Facilities and Equipment

Approved: 3-31-92
Reviewed: 7-08-19
Revised: 8-09-99, 6-10-02

dawn.gibson.cm… Thu, 06/13/2024 - 10:59

401.10 - Use of School District Materials for Internal Communications

School materials are purchased and used for the delivery of the educational program. School district employees may use the school district materials for internal communication between themselves when the communication is directly related to the educational program. Communications distributed to or between school district personnel shall also be distributed to the building principal and the superintendent.

When the communication will involve unusual expense or use of materials, the employee must first have permission of the principal.

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

Cross Reference: 401.9 Use of School Facilities & Equipment by General Personnel

Approved: 3-31-92
Reviewed: 7-08-19
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 11:01

401.11 - Transporting of Students by General Personnel

Generally, transportation of students shall be in a motor vehicle owned by the school district and driven by a school bus driver. In some cases, it may be more economical or efficient for the school district to allow another employee of the district to transport the students in their personal motor vehicle or in a school district motor vehicle, other than a school bus. The administration may allow school approved transportation by others.

School district employees who transport students for school purposes must have the permission of the superintendent/designee.

This policy statement applies to transportation of students for school purposes in addition to the regular bus routes transporting students to and from their designated attendance center.

Legal Reference: Iowa Code §§273.1, 285, 321 (1991).
281 Iowa Admin. Code 22

Cross Reference: 712 Transportation

Approved: 3-31-92
Reviewed: 7-08-19
Revised: 7-14-95, 8-09-99

dawn.gibson.cm… Thu, 06/13/2024 - 11:02

401.12 - Travel Compensation

School district personnel traveling on behalf of the school district and performing approved school business will be reimbursed for their actual and necessary expenses. Reimbursement for expenses will be allowed only if the employee received authorization for the expenses from the principal prior to the trip.

It shall be the responsibility of the principal to determine whether the requested trip is appropriate school business for which actual and necessary expenses should be reimbursed to the employee.

Legal Reference: Iowa Code §§79.9-.11 (1991).
1980 Op. Att’y Gen. 512.

Cross Reference: 219.3 Board of Directors Member Compensation and Expenses
712 Transportation

Approved: 3-31-92
Reviewed: 7-08-19
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 11:03

401.13 - Recognition for Service of General Personnel

The board recognizes and appreciates the service of its employees. Employees who retire or resign may be honored by the administration and staff in a manner fitting to the retiring or resigning employee.

If the form of honor thought appropriate by the administration and staff involves unusual expense to the school district, the superintendent shall seek prior approval from the board.

Legal Reference: Iowa Code §§273.1, 279.8 (1991).
1980 Op. Att’y Gen. 102.

Cross Reference: 407.3 Licensed Personnel Retirement
413.2 Support Personnel Retirement

Approved: 3-31-92
Reviewed: 7-08-19
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 11:05

401.14 - General Personnel Political Activity

No employee shall 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 and/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 Chapter 55, §279.8 (1991).

Cross Reference: 401.3     General Personnel Conflict of Interest
409.8      Licensed Personnel Political Leave
414.7      Support Personnel Political Leave

Approved: 3-31-92
Reviewed: 7-08-19
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 11:07

401.15 - Use of School Owned Vehicles

School vehicles are to be used only by licensed drivers approved by the administration. School personnel may use the vehicles only after receiving the approval of the administration. The administration shall be responsible for granting prior approval of the use of buses, suburban, and school card in regard to regular runs and activity trips.

Approved: 10-14-96
Reviewed: 7-08-19
Revised: 10-14-96, 8-09-99

dawn.gibson.cm… Thu, 06/13/2024 - 11:08

701.17 - Credit Cards

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 card must submit a detailed receipt in addition to credit card receipt indicating the date, purpose and nature of the expense for each claim item. Failure to provide a proper receipt will make the employee responsible for expenses incurred. Those expenses are 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 is 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 is the responsibility of the superintendent to determine whether the school district credit card use is for appropriate school business. It is 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 is responsible for developing administrative regulations regarding actual and necessary expenses and use of a school district credit card. The administrative regulations will include the appropriate forms to be filed for obtaining a credit card.

Legal Reference: Iowa Constitution, Art. III §31.
Iowa Code Code §§279.8, .29, .30 (2003).
281 I.A.C. 12.3(1).

Cross Reference: 219.3 Board of Directors’ Member Compensation and Expenses
401.7 Employee Travel Compensation

Approved: 11-10-03
Reviewed: 7-08-19
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 11:09

402 - General Personnel and Outside Relations

402 - General Personnel and Outside Relations dawn.gibson.cm… Thu, 06/13/2024 - 11:11

402.01 - Release of Credit Information

The following information will be released to any entity with whom a school district 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 not be released to an inquiring creditor without a written authorization from the employee.

It shall be the responsibility of the board secretary or superintendent to respond to inquires from creditors.

Legal Reference: Iowa Code §§22.7, 273.1, 279.8 (1991).

Cross Reference: 401.6 General Personnel Records
1001.1 Public Examination of School District Records

Approved: 3-31-92
Reviewed: 8-08-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 11:11

402.02 - Child Abuse Reporting

In compliance with state law and to provide protection to victims of child abuse, the board requires that incidents of alleged child abuse be reported to the proper authorities. Licensed and General Personnel employees are required as mandatory reporters to report alleged incidents of child abuse they become aware of within the scope of their professional duties.

“Child abuse” is defined as:

Any non-accidental physical injury, or injury which is at variance with the history given it, suffered by a child as a result of the acts or omissions of a person responsible for the care of the child.
The commissions of a sexual office with or to a child…as a result of the acts or omissions of the person responsible for the child…Sexual offense includes sexual abuse, incest, and sexual exploitation of a minor.
The failure of the part of a person responsible for the care of a child to provide/provide for the adequate food, shelter, clothing or other care necessary for the child’s welfare when financially able to do so. A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child.
The acts or omissions of a person responsible for the care of a child which allow, permit or encourage the child to engage in acts prohibited pursuant to Iowa Code, section 725.1 which deals with prostitution.

When a mandatory reporter (any licensed or general personnel employee) suspects a student is the victim of child abuse, the mandatory reporter shall orally or in writing notify the Iowa Department of Human Services. Within forty-eight hours of the oral report, the mandatory reporter shall file a written report with the Iowa Department of Human Services (DHS).

If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency shall also be notified.

All mandatory reporters shall take a two-hour training course involving the identification and reporting of child abuse within six (6) months of their initial employment and as required to keep their license current.

Legal Reference: Iowa Code §§232.67-77; 232A; 235A; 280.17 (2001)
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
501.11   Interviews of Students by Outside Agencies
507        Student Health and Well-Being

Approved: 7-15-02
Reviewed: 8-08-22
Revised: 8-12-19

dawn.gibson.cm… Thu, 06/13/2024 - 11:12

402.02R1 - Child Abuse Reporting Regulation

Iowa law requires all licensed and general personnel school district employees to report to the Iowa Department of Human Services (DHS) instances of suspected child abuse they become aware of within the scope of their professional duties.

A licensed or general personnel employee who knowingly or willfully fails to report a suspected case of child abuse if guilty of a simple misdemeanor, may be subject to civil liability for damages caused by the failure to report and shall be subject to disciplinary action by the board up to and including termination.

Employees are immune from liability if, in good faith, they made a report of child abuse, are involved in an investigation thereof and/or participate in a judicial proceeding concerning such a report.

Child Abuse Defined

“Child Abuse” is defined as:

Any nonaccidental physical injury, or injury which is at variance with the history given of it, suffered by a child as the result of the acts or omissions of a person responsible for the care of the child.
The commission of a sexual offense with or to a child…as a result of the acts or omissions of the person responsible for the child… Sexual offense includes sexual abuse, incest, and sexual exploitation of a minor.
The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing, or other care necessary for the child’s welfare when financially able to do so. A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child.
The acts or omissions of a person responsible for the care of a child which allow, permit or encourage the child to engage in acts prohibited pursuant to Iowa Code, section 725.1 which deals with prostitution.

Teachers in public schools are not “persons responsible for the care of the child” under this definition. However, a teacher who abuses a child is subject to civil, criminal, and professional sanctions.

Reporting Procedures

When any licensed or general personnel employee, (including administrators, teachers and school nurses), within the scope of their professional duties, reasonably believes a child has suffered from child abuse must report that suspicion to the Iowa Department of Human Services (DHS) within 24 hours of the initial report, the employee must file a written report with DHS.

Each report should contain as much of the following information as can be obtained within the time limit. However, the law specifies a report will be considered valid even if it does not contain all of the following information:

name, age, address of the child;
name, address of parents, guardians or other persons believed to be responsible for the care of the child;
the child’s present whereabouts if not the same as the parent’s or other person’s home address;
description of injuries, including evidence of previous injuries;
name, age, and condition of other children in the home;
any other information considered helpful; and
name, address of person making the report.

District employees have no responsibility to prove that a child has been abused or neglected. Employees should not take it upon themselves to investigate the case or contact the family of the child. DHS is responsible for investigating the incident of alleged abuse.

dawn.gibson.cm… Thu, 06/13/2024 - 11:15

402.02R2 - Child Abuse Reporting Involving Employees

If the school district employee or other member of the school district community believes a child has suffered abuse, which shall include sexual and physical abuse, by a school district employee in the course of their employment, it shall be reported to the designated investigator or alternate investigator immediately. The superintendent shall appoint a designated investigator and an alternate designated investigator for child abuse complaints against school district employees.

Complaints reported to a designated investigator shall be handled by the designated investigator in a timely manner, and no later than five (5) days. Upon receipt of the report, the designated investigator shall provide a copy of the report to the person filing, to the student’s parent or guardian if different from the person filing, and to the supervisor of the employee named in the report. In cases where a complaint has been filed against a school employee, the school employee named in the report shall receive a copy of the report at the time the employee is initially interviewed by any investigator. However, if this action would conflict with the terms of a contractual agreement between the employer and employee, the terms of the contract shall control. The designated investigator, using an informal process of contacting and conferring with the pertinent parties, shall determine whether the complaint is groundless, inconclusive or founded.

If the designated investigator determines the complaint is founded, the designated investigator shall contact and turn over the complaint to local law enforcement authorities, who shall be considered the level two (2) investigators. In cases where a complaint has been filed against a school district employee, the designated investigator shall give a copy of the investigative report to the employee’s supervisor and document all action taken.

In cases of founded abuse involving a school district employee, upon receipt of the level two (2) investigator’s report, the designated investigator shall forward copies of the level two (2) investigator’s report to the student’s parent or guardian, the school employee named in the complaint, and the school employee’s supervisor. The designated investigator will also notify the person filing the report, if different from the student’s parent or guardian, of the disposition of the case or current status of the investigation.

In cases involving a school district employee and a student of the school district, a report must be filed with the Board of Educational Examiners in proven cases of abuse. Counseling services for the student must be arranged upon the request of the parents. Compiled information regarding unproven abuse shall not be placed in the employee’s personnel file.

The designated investigator’s role is not to determine the guilt or innocence of the school employee. The designated investigator shall determine, by a preponderance of the evidence and based upon the investigator’s training and experience and the credibility of the student, whether it is likely that an incident took place between the student and the school employee. If the complaint has been withdrawn, the allegation recanted, the employee has resigned or admitted the truth of the allegation and agreed to relinquish the employee’s teacher’s license, the designated investigator may conclude the investigation at level one.

Persons found in violation of this policy will be subject to discipline including, but not limited to, reprimand, probation, demotion, suspension or termination or other sanction as determined appropriate by the board.

Legal Reference: Iowa Code §§232.67, .70, .73, .75, 235A, 272A, 280.17 (1991).
281 Iowa Admin. Code Chapter 102.
441 Iowa Admin. Code 9.2, 155, 175.
640 Iowa Admin. Code 4.9.
1980 Op. Att’y Gen. 275

Cross Reference: 503.5 Corporal Punishment
507 Student Health and Well-Being

Approved: 7-15-02
Reviewed: 8-08-22
Revised: 6-10-02

dawn.gibson.cm… Thu, 06/13/2024 - 11:16

402.03 - Solicitations from Outside

Generally, employees should be free from solicitations at their place of employment. No organization or individual may solicit employees or distribute flyers or other materials within school facilities or on school grounds without the approval of the superintendent/designee.

No employee shall be made responsible, or assume responsibility, for the collection of money or the distribution of fund drive literature within the schools unless such activity has been approved by the superintendent/designee.

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

Cross Reference: 504.6 Student Fund-Raising
1005 Community Activities Involving Students

Approved: 3-31-92
Reviewed: 8-08-22
Revised: 7-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 11:18

402.04 - Gifts To Employees

The board understands the desire of students, parents, or others to give gifts to show appreciation of a school district employee. Rather than giving gifts, the board encourages, as more welcome and more appropriate, the writing of letters to express gratitude and appreciation.

An employee shall not, either directly or indirectly, solicit, accept or receive any gift having a value of $35 or more from parents, students, or other individuals in one calendar day. A gift to an employee or an employee’s family member made because of the employee’s position with the school district, with a value of $15 or more, shall be reported on a form provided by the county auditor. It shall be the responsibility of both the employee accepting a gift and the donor to file the disclosure report.

Employees are prohibited from accepting things of material value from a company or entity doing business or hoping to do business with the school district. However, employees may accept minor items which are generally distributed by companies through public relations programs. It shall be within the discretion of the superintendent to determine what qualifies as a minor item.

Gifts of food and beverage to a school district employee, with a value of $15 or more, need not be reported if the food or beverage is consumed in the presence of the donor.

Employees shall refrain from giving gifts to school district employees who exercise administrative or supervisory jurisdiction over them indirectly or directly. Further, the collection of money for gifts for other employees shall also be discouraged except in special circumstances, such as, but not limited to, bereavement, serious illness, or retirement.

Gifts received and accepted from immediate family members or relatives of the fourth degree shall be exempt from this policy unless the relative is acting as an agent for a person not so related.

An employee may receive a gift on behalf of the school district, if the gift is in conformance with board policy.

Legal Reference: Iowa Code §§68B.1, .5, .8, .11(4), 722.1, .2 (1991).
1972 Op. Att’y Gen. 276.
1970 Op. Att’y Gen. 319.

Cross Reference: 221 Gifts to Board of Directors Members

Approved: 3-31-92
Reviewed: 8-08-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 11:19

402.05 - Public Complaints about General Personnel

The board recognizes situations may arise in the operation of the school district which are of concern to the parents and other members of the school district community. While constructive criticism is welcomed, the board desires to support its employees and their actions to free them from unnecessary, spiteful, or negative criticism and complaints that do not offer advice for improvement or change.

(a) Matters concerning an individual student, teacher, or other employee should first be addressed to the teacher or employee.

(b) Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the employee’s building principal for licensed personnel and the superintendent for support personnel.

(c) Unsettled matters regarding licensed personnel from (b) above or problems and questions concerning the school district should be directed to the superintendent.

(d) If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board. To bring a concern about a school district employee, the individual may notify the board president in writing, who will 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.

The board will address complaints from the members of the school district community if they are in writing, signed, and the complainant has complied with this policy.

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

Cross Reference: 214.1 Board Meeting Agenda
215 Public Participation in Board of Directors Meetings

Approved: 3-31-92
Reviewed: 8-08-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 11:20

402.06 - General Personnel Relations to the Public

Members of the school district community shall be treated with respect by school district personnel. The board encourages active participation by school district employees in community activities and events as a means to show respect for the district community.

It shall be the responsibility of school district employees, as they participate in various community groups and events, to make a conscientious effort to make the school and its events a real part of the community. School district employees shall take advantage of their participation in the community to look for opportunities in which community and school can join forces for the betterment of the school district and the community.

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

Cross Reference: 303.7    Superintendent Civic Activities
304.8    Administrative Civic Activities
1004      Public Participation in the School District
1005      Community Activities Involving Students

Approved: 3-31-92
Reviewed: 8-08-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 11:27

402.07 - General Personnel Outside Employment

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

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

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

Legal Reference: Iowa Code §§20.7, 273.1, 279.8 (1991).

Cross Reference: 401.3    General Personnel Conflict of Interest
407.6    Licensed Personnel Reduction in Force
413.4    Support Personnel Dismissal

Approved: 3-31-92
Reviewed: 8-08-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 11:28

402.08 - Sex Offender Registry

Pursuant to Iowa law, an individual required to register on the Iowa Sex Offender Registry for a conviction involving a sex offense against a minor (“registrant”) is prohibited from being on school property or in any school vehicle. The only exceptions are as follows:

Students, note that a student on the Sex Offender Registry must have board approval to attend a particular school.

A registrant who is a parent or legal guardian of a minor is allowed on school property solely during the period of time reasonably necessary to transport the parent’s own minor child or legal guardian’s own ward to or from a place on school property.

A registrant who is legally entitled to vote shall be allowed on the school property solely for the period of time reasonably necessary to exercise the right to vote in a public election if the polling location of the offender is located on school property.

If written permission is received from the school principal or superintendent. To request written permission, registrant must complete and submit the Registrant Request Form. The form can be obtained by contacting the administrative office by telephone or email. This provision does not apply to a registrant requesting permission to be on school property in his or her role as employee, contractor, vendor, or volunteer. No written exception is allowed for operating, managing, being employed by, or acting as a contractor or volunteer on school property.

dawn.gibson.cm… Thu, 06/13/2024 - 11:29

403 - General Personnel Health and Well-Being

403 - General Personnel Health and Well-Being dawn.gibson.cm… Thu, 06/13/2024 - 11:30

403.01 - Employee Physical Examinations

The Bennett Community School District believes good health is important to job performance. School bus drivers will present evidence of good health upon initial hire and every other year in the form of a physical examination report, unless otherwise required by law or medical opinion. The school district will provide the standard examination form to be completed by an examiner on the list of approved examiners as provided by the state. The cost of bus driver renewal physicals will be paid in full by the school district.

Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations to the extent job-related and consistent with business necessity, when requested to do so, at the expense of the school district.

The district will comply with occupational safety and health requirements as applicable to its employees in accordance with law.

Legal Reference: 29 C.F.R. §1910.1030.
49 C.F.R. §§ 391.41 – 391.49.
Iowa Code §§20, 279.8; 321.376
281 I.A.C. 43.15; 43.17.

Cross Reference: 403 Employees’ Health and Well-Being

Approved: 11-10-03
Reviewed: 9-12-22
Revised: 9-16-13, 2-12-18

dawn.gibson.cm… Thu, 06/13/2024 - 11:30

403.02 - General Personnel Injury on the Job

When an employee becomes injured on the job, the principal shall notify a member of the family, or an individual of close relationship, as soon as the principal becomes aware of the injury.

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

It shall be the responsibility of the employee injured on the job to inform the superintendent within twenty-four (24) hours of the occurrence. It shall be the responsibility of the employee’s immediate supervisor to file an accident report within twenty-four (24) hours after the employee reported the injury.

It shall be the responsibility of the employee to file any claims, such as workers’ compensation, through the board secretary.

Legal Reference: Iowa Code §613.17 (1991)
1972 Op. Att’y Gen. 177.

Cross Reference: 403        General Personnel Health and Well-Being
406.5    Licensed Personnel Group Insurance Benefits
409.4    Licensed Personnel Illness/Disability Leave
412.3    Support Personnel Group Insurance Benefits
414.3    Support Personnel Illness/Disability Leave

Approved: 3-31-92
Reviewed: 9-12-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 11:32

403.03 - Communicable Diseases - General Personnel

School district personnel with a communicable disease will be allowed to perform their customary employment duties as long as they are able to perform the tasks assigned to them and as long as their presence does not create a substantial risk of illness transmission to the student or other personnel. The term “communicable disease” shall mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by the State Department of Health.

The health risk to immuno-depressed school district personnel shall be determined by their personal physician. The health risk to others in the school environment from the presence of employees with a communicable disease shall be determined on a case-by-case basis by public health officials.

Since there may be greater risks of transmission of a communicable disease for some persons with certain conditions than for other persons infected with the same disease, these special conditions, the risk of transmission of the disease, the effect upon the educational program, the effect upon the person and other factors deemed relevant by public health officials or the superintendent shall be considered in assessing school district personnel’s continued presence and performance of their employment responsibilities. The superintendent may require medical evidence that school district personnel with a communicable disease are able to perform their assigned duties.

A school district employee shall notify the superintendent or the school nurse when the employee learns the employee has a communicable disease. It shall be the responsibility of the superintendent, when the superintendent has knowledge that a communicable disease is present, to notify the State Department of Health. Rumor and hearsay shall be insufficient evidence for the superintendent to act.

Health data of an employee is confidential and it shall not be disseminated.

It shall be the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with school district personnel with a communicable disease.

Legal Reference: Board of Education of Nassau County v Arline, 107 S.Ct. 1123 (1989)
29 U.S.C. §701 et seq. (1988).
42 U.S.C. §12101 et seq. (Supp. 1990).
45 C.F.R. Pt. 84.3
Iowa Code Chapter 139 (1991).
641 Iowa Admin. Code 1.2-.5, .7
281 Iowa Admin. Code 22.15-.17

Cross Reference: 209        Committees of the Board of Directors
403.1    General Personnel Physical Examinations
507.3    Communicable Diseases – Students

Approved: 3-31-92
Reviewed: 9-12-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 11:56

403.04 - Hazardous Chemical Disclosure

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

Each school district employee shall review this information about hazardous substances annually. Further, when a new school district employee is hired, the information and training, if necessary, shall be included in the orientation of the employee. When an additional hazardous substance enters the workplace, information about it shall be distributed and training shall be conducted for the appropriate employees. The superintendent shall maintain a file indicating when training and informing takes place.

School district personnel 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. School district personnel are required to disseminate the information when the materials are used in the instructional program.

It shall be the responsibility of the superintendent to develop administrative regulations regarding this program. The superintendent shall report annually to the board about the program.

Legal Reference: 29 C.F.R.1910, 1200 et seq
Iowa Code Chapters 88 and 89B (1991)
547 Iowa Admin. Code 110

Cross Reference: 403 General Personnel Health and Well-Being
802 Maintenance, Operation, Management

Approved: 3-31-92
Reviewed: 9-09-19
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 11:58

403.05 - Smoking and Non-Smoking Employee Work Areas

School district buildings and grounds, including but not limited to school-sponsored events, shall be off limits for smoking and use of other tobacco products. School district personnel who do smoke or use other tobacco products may do so only during their lunch, break or preparation periods off school grounds. School district personnel who violate this policy may be subject to disciplinary action.

It shall be the responsibility of all school district personnel to enforce this policy. School-owned vehicles are off limits for smoking and use of other tobacco products.

Legal Reference: Iowa Code Chapter 948A and 297, §279.9 (1991)

Cross Reference: 403 General Personnel Health and Well-Being
502.9 Smoking – Drinking – Drugs
1006.4 Smoke Free Environment

Approved: 3-31-92
Reviewed: 9-12-22
Revised: 7-14-95, 8-09-99, 9-17-07

dawn.gibson.cm… Thu, 06/13/2024 - 12:00

403.06 - General Personnel Wellness Program

The board recognizes the contribution of good health to the performance and well-being of the employee and the school district. The board supports and encourages a wellness program.

It shall be the responsibility of the superintendent/designee, in conjunction with the school nurse, to develop, oversee, and maintain a wellness program.

Legal Reference: Iowa Code §279.8 (1991)

Cross Reference: 403 General Personnel Health and Well-Being

Approved: 3-31-92
Reviewed: 9-09-19
Revised: 7-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 12:02

403.07 - Sexual Harassment

Sexual harassment will not be tolerated in the school district by the board in matters over which it has jurisdiction. Sexual harassment by board members, administrators, licensed and support personnel, students, vendors, and any others having business or other contact with the school district is prohibited. Persons found in violation of this policy will be subject to discipline, including, but not limited to reprimand, probation, demotion, suspension, or termination, or other sanction as determined appropriate by the board.

The definition of sexual harassment may include, but is not limited to, unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or educational development; or,
submission to or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individual; or,
such conduct has the purpose or effect of unreasonably interfering with an individual’s work or educational performance or creating an intimidating, hostile or offensive working or educational environment.

Any member of the school community who believes that he or she has been subjected to sexual harassment shall report the incident(s) to the Affirmative Action Coordinator, who shall be the grievance officer for sexual harassment complaints. In the event that the grievance officer becomes a party to a sexual harassment complaint, a designated alternate grievance officer shall assume this responsibility.

The grievance officer receiving the complaints shall attempt to resolve the problem in an informal manner through the following interviewing process:

The grievance officer shall confer with the charging party in order to obtain a clear understanding of that party’s statement of the facts.
The grievance officer shall then attempt to meet with the charged party in order to obtain his or her response to the complaint.
The grievance officer may hold as many meetings with the parties as is necessary to gather facts.
On the basis of the grievance officer’s perception of the situation, he or she may:

(1) Attempt to resolve the matter informally through conciliation.

(2) Report the incident and transfer the record to the superintendent, and so notify the parties by certified mail.

After reviewing the record made before the grievance officer, the superintendent may attempt to gather any more evidence necessary to decide the case, and thereafter impose any sanctions deemed inappropriate, including a recommendation to the board for termination or expulsion.

All matters involving sexual harassment complaints shall remain confidential to the extent possible.

Legal Reference: 42 U.S.C. §2000e et seq.
29 C.F.R. 1604.11.
Iowa Code Chapter 601A (1991).
240 Iowa Admin. Code 3.

Cross Reference: 401.2    Equal Employment Opportunity
401.5    General Personnel Complaints
404       General Personnel Conduct and Appearance

Approved: 3-31-92
Reviewed: 9-12-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 12:03

403.08 - General Personnel Chemical Dependency

The board is genuinely concerned about the instructional program for students, and as a result of that concern, wishes to express a real regard for each employee as a person and as a worker. Should the job performance of any worker drop below expected standards for any reason, the concern of the board shall be noted. This would be especially true in the case of chemical dependency. The board recognizes chemical dependency as a health problem and believes dependency on any chemical is a treatable disease which, in most cases, can be arrested. In view of this, and with the hope people so afflicted can return to a healthy and productive life, the following guidelines are presented.

Identification: Early identification is of benefit to the employee, to the students, and to the school district. Those responsible for identification should do whatever is necessary to document the problem and, when satisfied a chemical dependency problem exists, bring it to the attention of the employee involved.
Referral: once the employer determines the need for requesting referral, the employee will be encouraged to seek professional assistance. Participating in the corrective program is completely voluntary, and self-referral is considered the first positive step toward a good recovery program.

Referral for treatment will be based upon unsatisfactory job performance, performing duties while under the influence of a chemical, and/or other significant indications of chemical dependency.

3. It should be noted that the use of a chemical, as referred to in this policy, on school

property is prohibited.

4. Should the employee

a. choose not to seek help,

b. not respond to treatment or fail to carry out the treatment plan,

c. continue to use a chemical while on duty,

d. continue to demonstrate poor job performance,

e. and/or not work cooperatively with others for the good of students and/or the

district, the case will be treated as any other employee discipline case.

5. In all cases, the safety and welfare of the students is paramount.

It is incumbent upon the administration to act responsibly in all cases dealing with chemical dependency. It is important that the best interests of the employee and the students be protected.

It is also important that fellow employees become involved in procedures of identification, referral and follow-up. It is imperative that fellow employees cooperate with the administration for the same reason -- the best interest of the employee and the students.

There are many behavioral problems and identification may or may not be an easy task. However, there are some identifiable signs either occurring alone or in groups of two (2) or more. Some of the signs to look for are as follows:

Unauthorized absences from the job,
Excessive sick leave,
Monday, Friday absences,
Repeated absences of two (2) to four (4) days or more,
Repeated tardiness
Not feeling well and leaving work early,
Improbable excuses for absence and/or tardiness
Away from the job during the day for short periods of time,
Missing deadlines,
Forgetting,
Making bad decisions,
Overreacting to real or imagined criticism,
Continued complaints from co-workers and people in general,
Avoiding association with fellow workers and people in general,
Spasmodic work pattern, and
Being critical of any type of supervision.

These patterns of behavior will vary from person to person, and in some cases will not indicate a chemical problem but possibly some other problem. Also, the patterns listed above in no way exhaust the possible patterns which might occur.

In view of the above, and in view of the fact that chemical dependency is considered a health problem, the following steps should be taken in the identification of a problem and the recommendation of solutions.

1. Observe.

2. Document – Be specific. Be positive. Stick to facts which are observed.

3. Confront. Do not delay or beat around the bush. Present facts. Be consistent. Insist upon improvement. Follow through.

Set performance standards and document reactions of the employee. Establish follow-up procedure with the employee.
Request the employee seek professional assistance. Do not try to treat problems you know little about. Recommend professional help centers if necessary.
If the situation does not change, then ultimatums must be issued; document the reactions of the employee. Set the time-span within which corrections must take place and set the time for a follow-up conference with the employee.
If problems persist, consult the employee’s counselor, if there is one who is known to the administrator.
As a last resort, consider termination.
Throughout, observe as much confidentiality as possible.

Once the employee has returned to the job:

Both the employee and employer might feel apprehensive.
Expect improvement from previous conditions, be it immediate or slow.
Work toward an “out front” relationship, so as to not pass over poor performance because of sympathy; encourage and reinforce.
If old problems return, this does not necessarily mean failure. Discuss the problems openly, act to get the problem resolved, and follow up to assure the employee seeks guidance again. Encourage long-term supportive help.
Determine prospects for improvement:
1. Is the employee following the prescribed treatment program?
2. Are the actions which contributed to loss of job effectiveness no longer evident?
3. Consult with the counselor if loss of effectiveness is still evident.
4. Involve other staff members in follow-up procedures, perhaps one-on-one or with a peer helper group.
5. If no cooperation on the part of the employee is evident, treat as any other case for termination.

Legal Reference: Iowa Code §279.8 (1991).

Cross Reference: 403.6 General Personnel Wellness Program
502.9 Smoking-Drinking-Drugs

Approved: 3-31-92
Reviewed: 9-12-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 12:04

403.09 - Drug-Free Workplace

No employee engaged in work for the school district shall unlawfully manufacture, distribute, dispense, possess or use on or in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance as defined by federal or state law.

Workplace is defined as the site for the performance of work done in the capacity as school district employee. That includes a school building or school premise; a school owned vehicle, school approved transportation, or a school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district.

Employees shall notify their supervisor of the employee’s conviction under any criminal drug statute for a violation occurring in the workplace as defined above, no later than five (5) days after such conviction.

Employees shall abide by the terms of this policy respecting a drug-free workplace. An employee who violates the terms of this policy shall successfully participate in a drug abuse assistance or rehabilitation program approved by the board. If the employee fails to successfully participate in such a program, the employee’s contract shall not be renewed or employment may be suspended or terminated, at the discretion of the board.

Sanctions against employees, including nonrenewal, suspension and termination shall be in accordance with prescribed school district administrative regulations and procedures.

The superintendent shall be responsible for publication and dissemination of this policy to each employee. In addition, the superintendent shall oversee the establishment of a drug-free awareness program to educate employees about the dangers of drug abuse and make them aware of available drug counseling programs. This program may be used as one method to inform employees of the drug-free workplace policy and the penalties which may be imposed for its violation.

Legal Reference: Drug Free Workplace Act of 1988, 41 U.S.C. §§701-707
102 Stat. 4305-4308
54 F.R. 4946 (1/31/89)
Iowa Code Chapter 204, §279.8 (1991)

Cross Reference: 403.8    General Personnel Chemical Dependency
403.6    General Personnel Wellness Program
502.9    Smoking-Drinking-Drugs

Approved: 3-31-92
Reviewed: 9-12-22
Revised: 7-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 13:47

403.11 - Drug and Alcohol Testing Program

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 ten 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 “employee” 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, post-accident, return-to-duty and follow-up drug and alcohol testing. Employees operating school vehicles shall not perform a safety-sensitive function within four hours of using alcohol. Employees governed by this policy shall be 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, Bookkeeper, at 890-2228.

It is the responsibility of the superintendent/designee to develop administrative regulations to implement this policy. The superintendent/designee shall also inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment, in the application form and personally at the first interview with the applicant.

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

Employees who violate the terms of this policy will be subject to discipline up to and including termination. Employees who violate this policy will be required to successfully participate in a substance abuse evaluation and, if recommended, a substance abuse treatment program. Employees required to participate in and who fail to or refuse to successfully participate in a substance evaluation or a recommended substance abuse treatment program will be subject to termination. A second violation of this policy will result in termination.

This policy and the accompanying administrative regulations require the school district to designate a school district contact person for the drug and alcohol testing program. The title of the person designated should be entered in paragraph two. This person will answer questions from employees and others about the program, receive the test results and receive the identification numbers of the drivers who were selected for random testing and notify those drivers. If different persons will be doing these jobs, the policy and accompanying regulations must clearly explain which person handles which part of the drug and alcohol testing program.

Iowa law also requires the school district to provide substance abuse evaluation and treatment if recommended by the substance abuse professional with the costs apportioned according to the employee benefit plan. If there is no benefit plan, then the school district must pay the costs of the evaluation and treatment, if any. Employee shall utilize nearest qualified available facility.

The use of leave for the time the driver is off duty for evaluation by a substance abuse professional may be governed by the collective bargaining agreement language and/or past practice of the school district. It is recommended school districts consult with their school attorney prior to making a decision regarding questions they may have about the collective bargaining agreement.

Under Iowa law, the school district must inform applicants/drivers of the requirement for drug and alcohol testing in any notice or advertisement soliciting applicants/drivers for employment, in the application form and personally at the first interview with the applicant/driver.

Legal Reference: Omnibus Transportation Employee Testing Act of 1991
42 U.S.C. §§12101 et seq (Supp. 1990)
41 U.S.C. §§701-707 (1988)
49 C.F.R. Pt. 40; 382; 391.81-123 (1994)
34 C.F.R. Pt. 85 (1993)
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; 730.5 (1993)

Cross Reference: 403.6    Substance-Free Workplace
409.2    Licensed Employee Personal Illness Leave
414.2    Classified Employee Personal Illness Leave

Approved: 12-11-95
Reviewed: 9-12-22
Revised: 8-09-99, 6-10-02

dawn.gibson.cm… Thu, 06/13/2024 - 13:48

404 - General Personnel Conduct and Appearance

School district personnel shall strive to set the kind of example in their actions and appearance that not only reflects credit to the school system, but sets forth a model worthy of emulation by the students. Enthusiasm, positive attitude, loyalty, and professionalism shall be the key words describing the goals of school district personnel conduct and appearance.

School district personnel shall conduct themselves in a professional manner. School district personnel shall dress in attire appropriate for their position. Clothing should be neat, clean, and in good taste.

Licensed personnel of the school district shall follow the code of ethics for their profession as established by the Iowa Board of Educational Examiners Commission.

It shall be the responsibility of the principal to counsel employees assigned to their facility on appearance and conduct when the individual’s appearance may have a negative impact on the learning environment.

Legal Reference: Iowa Code §§273.1, 279.8 (1991)
640 Iowa Admin. Code 3-4

Cross Reference: 307 Administrative Code of Ethics
402.6 General Personnel Relations to the Public

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

dawn.gibson.cm… Thu, 06/13/2024 - 13:50

404.R1 - Code of Professional Conduct and Ethics Regulation

CHAPTER 25

282—25.1(272) Scope of standards. This code of professional conduct and ethics constitutes mandatory minimum standards of practice for all licensed practitioners as defined in Iowa Code chapter 272. The adherence to certain professional and ethical standards is essential to maintaining the integrity of the education profession.

282—25.2(272) Definitions. Except where otherwise specifically defined by law:

“Administrative and supervisory personnel” means any licensed employee such as superintendent, associate superintendent, assistant superintendent, principal, associate principal, assistant principal, or other person who does not have as a primary duty the instruction of pupils in the schools.
“Board” means the Iowa board of educational examiners.
“Discipline” means the process of sanctioning a license, certificate or authorization issued by the board.
“Ethics” means a set of principles governing the conduct of all persons governed by these rules.
“Fraud” means knowingly providing false information or representations on an application for licensure or employment, or knowingly providing false information or representations made in connection with the discharge of duties.
“License” means any license, certificate, or authorization granted by the board.
“Licensee” means any person holding a license, certificate, or authorization granted by the board.
“Practitioner” means an administrator, teacher, or other licensed professional, including an individual who holds a statement of professional recognition, who provides educational assistance to students.
“Responsibility” means a duty for which a person is accountable by virtue of licensure.
“Right” means a power, privilege, or immunity secured to a person by law.
“Student” means a person, regardless of age, enrolled in a prekindergarten through grade 12 school, who is receiving direct or indirect assistance from a person licensed by the board.
“Teacher” means any person engaged in the instructional program for prekindergarten through grade 12 children, including a person engaged in teaching, administration, and supervision, and who is required by law to be licensed for the position held.
[ARC 7979B, IAB 7/29/09, effective 9/2/09]

282—25.3(272) Standards of professional conduct and ethics. Licensees are required to abide by all federal, state, and local laws applicable to the fulfillment of professional obligations. Violation of federal, state, or local laws in the fulfillment of professional obligations constitutes unprofessional and unethical conduct which can result in disciplinary action by the board. In addition, it is hereby deemed unprofessional and unethical for any licensee to violate any of the following standards of professional conduct and ethics:

25.3(1) Standard I—conviction of crimes, sexual or other immoral conduct with or toward a student, and child and dependent adult abuse. Violation of this standard includes:

a. Fraud. Fraud means the same as defined in rule 282—25.2(272).
b. Criminal convictions. The commission of or conviction for a criminal offense as defined by Iowa law provided that the offense is relevant to or affects teaching or administrative performance.

(1) Disqualifying criminal convictions. The board shall deny an application for licensure and shall revoke a previously issued license if the applicant or licensee has, on or after July 1, 2002, been convicted of, has pled guilty to, or has been found guilty of the following criminal offenses, regardless of whether the judgment of conviction or sentence was deferred:

1. Any of the following forcible felonies included in Iowa Code section 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping;
2. Any of the following criminal sexual offenses, as provided in Iowa Code chapter 709, involving a child:

First-, second- or third-degree sexual abuse committed on or with a person who is under the age of 18;
Lascivious acts with a child;
Assault with intent to commit sexual abuse;
Indecent contact with a child;
Sexual exploitation by a counselor;
Lascivious conduct with a minor;
Sexual exploitation by a school employee;
Enticing a minor under Iowa Code section 710.10; or
Human trafficking under Iowa Code section 710A.2;

3.   Incest involving a child as prohibited by Iowa Code section 726.2;
4.   Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code section 728.2;
5.   Telephone dissemination of obscene material to minors as prohibited by Iowa Code section 728.15;
6.   Any offense specified in the laws of another jurisdiction, or any offense that may be prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in subparagraph 25.3(1)“b”(1); or
7.   Any offense under prior laws of this state or another jurisdiction, or any offense under prior law that was prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in subparagraph 25.3(1)“b”(1).

(2) Other criminal convictions and founded child abuse. In determining whether a person should be denied a license or whether a licensee should be disciplined based upon any other criminal conviction, including a conviction for an offense listed in 25.3(1)“b”(1) which occurred before July 1, 2002, or a founded report of abuse of a child, the board shall consider:

1. The nature and seriousness of the crime or founded abuse in relation to the position sought;
2. The time elapsed since the crime or founded abuse was committed;

3.   The degree of rehabilitation which has taken place since the crime or founded abuse was committed;
4.   The likelihood that the person will commit the same crime or abuse again;
5.   The number of criminal convictions or founded abuses committed; and
6.   Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.

c.   Sexual involvement or indecent contact with a student. Sexual involvement includes, but is not limited to, the following acts, whether consensual or nonconsensual: fondling or touching the inner thigh, groin, buttocks, anus or breasts of a student; permitting or causing to fondle or touch the practitioner’s inner thigh, groin, buttocks, anus, or breasts; or the commission of any sex act as defined in Iowa Code section 702.17.
d.   Sexual exploitation of a minor. The commission of or any conviction for an offense prohibited by Iowa Code section 728.12, Iowa Code chapter 709 or 18 U.S.C. Section 2252A(a)(5)(B).
e.   Student abuse. Licensees shall maintain professional relationships with all students, both inside and outside the classroom. The following acts or behavior constitutes unethical conduct without regard to the existence of a criminal charge or conviction:

(1)   Committing any act of physical abuse of a student;
(2)   Committing any act of dependent adult abuse on a dependent adult student;
(3)   Committing or soliciting any sexual or otherwise indecent act with a student or any minor;
(4)   Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student;
(5)   Furnishing alcohol or illegal or unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal or unauthorized drugs in the presence of the licensee;
(6)   Failing to report any suspected act of child or dependent adult abuse as required by state law; or
(7)   Committing or soliciting any sexual conduct as defined in Iowa Code section 709.15(3)“b” or soliciting, encouraging, or consummating a romantic relationship with any person who was a student within 90 days prior to any conduct alleged in the complaint, if that person was taught by the practitioner or was supervised by the practitioner in any school activity when that person was a student.

25.3(2) Standard II—alcohol or drug abuse. Violation of this standard includes:

a. Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming illegal or unauthorized drugs or abusing legal drugs.
b. Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming alcohol.

25.3(3) Standard III—misrepresentation, falsification of information. Violation of this standard includes:

a.   Falsifying or deliberately misrepresenting or omitting material information regarding professional qualifications, criminal history, college credit, staff development credit, degrees, academic award, or employment history when applying for employment or licensure.
b.   Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.
c.   Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.
d.   Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282—Chapter 20.

e. Falsifying or deliberately misrepresenting or omitting material information regarding the evaluation of students or personnel, including improper administration of any standardized tests, including, but not limited to, changing test answers, providing test answers, copying or teaching identified test items, or using inappropriate accommodations or modifications for such tests.

25.3(4) Standard IV—misuse of public funds and property. Violation of this standard includes:

a.   Failing to account properly for funds collected that were entrusted to the practitioner in an educational context.
b.   Converting public property or funds to the personal use of the practitioner.
c.   Submitting fraudulent requests for reimbursement of expenses or for pay.
d.   Combining public or school-related funds with personal funds.
e.   Failing to use time or funds granted for the purpose for which they were intended.

25.3(5) Standard V—violations of contractual obligations.

a. Violation of this standard includes:

(1)   Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract, unless the practitioner provided notice to the practitioner’s employing board as set forth in subparagraph 25.3(5)“b”(2).
(2)   Abandoning a written professional employment contract without prior unconditional release by the employer.
(3)   As an employer, executing a written professional employment contract with a practitioner which requires the performance of duties that the practitioner is not legally qualified to perform.
(4)   As a practitioner, executing a written professional employment contract which requires the performance of duties that the practitioner is not legally qualified to perform.

b. In addressing complaints based upon contractual obligations, the board shall consider factors beyond the practitioner’s control. For purposes of enforcement of this standard, a practitioner will not be found to have abandoned an existing contract if:

(1) The practitioner obtained a release from the employing board before discontinuing services under the contract; or
(2) The practitioner provided notice to the employing board no later than the latest of the following dates:

1.   The practitioner’s last work day of the school year;
2.   The date set for return of the contract as specified in statute; or
3.   June 30.

25.3(6) Standard VI—unethical practice toward other members of the profession, parents, students, and the community. Violation of this standard includes:

a.   Denying the student, without just cause, access to varying points of view.
b.   Deliberately suppressing or distorting subject matter for which the educator bears responsibility.
c.   Failing to make reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.

d.   Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.
e.   Engaging in any act of illegal discrimination, or otherwise denying a student or practitioner participation in the benefits of any program on the grounds of race, creed, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.
f.   Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.
g.   Accepting gifts from vendors or potential vendors where there may be the appearance of or an actual conflict of interest.
h.   Intentionally disclosing confidential information including, but not limited to, unauthorized sharing of information concerning student academic or disciplinary records, health and medical information, assessment or testing results, or family income. Licensees shall comply with state and federal laws and local school board policies relating to the confidentiality of student records, unless disclosure is required or permitted by law.
i.   Refusing to participate in a professional inquiry when requested by the board.
j.   Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.
k.   Failing to self-report to the board within 60 days any founded child abuse report, or any conviction for a criminal offense listed in 25.3(1)“b”(1) which requires revocation of the practitioner’s license.
l.   Delegating tasks to unqualified personnel.
m.   Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.
n.   Allowing another person to use one’s practitioner license for any purpose.
o.   Performing services beyond the authorized scope of practice for which the individual is licensed or prepared or performing services without holding a valid license.
p.   Falsifying, forging, or altering a license issued by the board.
q.   Failure of the practitioner holding a contract under Iowa Code section 279.13 to disclose to the school official responsible for determining assignments a teaching assignment for which the practitioner is not properly licensed.
r.   Failure of a school official responsible for assigning licensed practitioners holding contracts under Iowa Code section 279.13 to adjust an assignment if the practitioner discloses to the official that the practitioner is not properly licensed for an assignment.

25.3(7) Standard VII—compliance with state law governing obligations to state or local governments, child support obligations, and board orders. Violation of this standard includes:

a.   Failing to comply with 282—Chapter 8 concerning payment of debts to state or local governments.
b.   Failing to comply with 282—Chapter 10 concerning child support obligations.
c.   Failing to comply with a board order.

25.3(8) Standard VIII—incompetence. Violation of this standard includes, but is not limited to:

a. Willfully or repeatedly departing from or failing to conform to the minimum standards of acceptable and prevailing educational practice in the state of Iowa.
b. Willfully or repeatedly failing to practice with reasonable skill and safety.

dawn.gibson.cm… Thu, 06/13/2024 - 13:51

404.R2 - Code of Rights and Responsibilities Regulation

CHAPTER 26

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

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

The educator has a right to be licensed and endorsed under professional standards established and enforced by the board.
The educator has a right to refuse assignments for which the educator is not legally authorized, in terms of holding a valid Iowa license with the appropriate endorsement(s) or approval(s).
The educator has a right, subject to board and administrator authority, to exercise professional judgment in the evaluation, selection, and use of teaching methods and instructional materials appropriate to the needs, abilities, and background of each student.

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

The educator has a responsibility to maintain and improve the educator’s professional competence.
The educator has a responsibility to accept only those assignments for which the educator is legally authorized.
The educator has a responsibility to provide conditions that are conducive to teaching and student learning.
The educator shall protect students from conditions harmful to learning or to health or safety.
The educator shall not, without just cause, restrain a student from independent action in the pursuit of learning and shall not, without just cause, deny a student access to varying points of view.
The educator shall not use professional relationships with students for personal advantage.
The educator shall not discriminate against any student on the grounds of race, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.
The educator shall accord just and equitable treatment to all members of the profession.
The educator shall keep in confidence personally identifiable information regarding a student or the student’s family members that has been obtained in the course of professional service, unless disclosure is required by law or is necessary for the personal safety of the student or others.
The educator who has reasonable basis to believe that a student has been abused, as defined by law, shall make all reports required by law and the IOWA ADMINISTRATIVE CODE and which are necessary to ensure the safety and well-being of the student.
In the administration of discipline, the educator shall treat all students with respect and in compliance with all policies of the school district served by the educator.
The educator shall provide accurate, truthful, and complete information to the board and to the local education system concerning all licensure transactions.
The educator shall not refuse to participate in a professional inquiry, when requested by the board.
The educator shall not require or direct another educator to violate any provisions of the code of professional conduct and ethics or any rights of a student, parent, educator or citizen.
The educator shall not delegate assigned tasks to unqualified personnel.

dawn.gibson.cm… Thu, 06/13/2024 - 13:54

405 - Licensed Personnel - General

405 - Licensed Personnel - General dawn.gibson.cm… Thu, 06/13/2024 - 13:55

405.01 - Licensed Personnel Defined

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

dawn.gibson.cm… Thu, 06/13/2024 - 13:55

405.02 - Licensed Personnel Qualifications, Recruitment, Selection

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

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

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

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

The board 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

dawn.gibson.cm… Thu, 06/13/2024 - 13:58

405.03 - Licensed Personnel Individual Contracts

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

dawn.gibson.cm… Thu, 06/13/2024 - 14:01

405.04 - Licensed Personnel Continuing Contracts

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

dawn.gibson.cm… Thu, 06/13/2024 - 14:04

405.05 - Licensed Employee Work Day

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

dawn.gibson.cm… Thu, 06/13/2024 - 14:06

405.06 - Licensed Employee Assignment

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

dawn.gibson.cm… Thu, 06/13/2024 - 14:08

405.07 - Licensed Employee Transfers

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

dawn.gibson.cm… Thu, 06/13/2024 - 14:09

405.08 - Licensed Employee Evaluation

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

dawn.gibson.cm… Thu, 06/13/2024 - 14:10

405.09 - Licensed Employee Probationary Status

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

dawn.gibson.cm… Thu, 06/13/2024 - 14:13

405.10 - Licensed Personnel Organization Affiliation

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:

dawn.gibson.cm… Thu, 06/13/2024 - 14:14

406 - Licensed Personnel Compensation and Benefits

406 - Licensed Personnel Compensation and Benefits dawn.gibson.cm… Thu, 06/13/2024 - 14:57

406.01 - Licensed Employee Compensation

The board will establish compensation 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 licensed employee compensation. The base wages of licensed employees are subject to review through the collective bargaining process.

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

Cross Reference: 405 Licensed Employees – General
406.2 Licensed Employee Compensation Advancement

Approved: 3-31-92
Reviewed: 10-10-22
Revised: 2-13-19

dawn.gibson.cm… Thu, 06/13/2024 - 14:57

406.02 - Licensed Employee Compensation Advancement

The board will determine if licensed employees will advance in compensation for their 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.

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

Cross Reference: 405 Licensed Employees – General
406 Licensed Employee Compensation and Benefits

Approved: 3-31-92
Reviewed: 10-10-22
Revised: 2-13-19

dawn.gibson.cm… Thu, 06/13/2024 - 15:01

406.03 - Licensed Employee Continued Education Credit

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

Licensed employees who wish to obtain additional education for advancement must notify their supervisor by September 1 or March 1 of the school year preceding the actual year when advancement occurs. The superintendent has the discretion to approve credit outside the employee’s area of endorsement or responsibility.

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

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

Cross Reference: 405 Licensed Employees – General
406 Licensed Employee Compensation and Benefits

Approved: 3-31-92
Reviewed: 10-10-22
Revised: 2-13-19

dawn.gibson.cm… Thu, 06/13/2024 - 15:02

406.04 - Licensed Employee Compensation for Extra Duty

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 may, in its sole discretion, establish compensation for extra duty 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.

Vacant extra duty positions, for which extra compensation will be earned, will be posted to allow qualified licensed personnel to volunteer for the extra duty. If no licensed employee volunteers for extra duty, the superintendent will assign the extra duty positions to qualified licensed employees. The licensed employee will receive compensation for the extra duty required to be performed.

It is the responsibility of the superintendent to make a recommendation to the board annually as to which licensed employees will have the extra duty, and the compensation for extra duty, for the board’s review.

Legal Reference: Iowa Code §§ 279.8, .13-.15, .19A-B.

Cross Reference: 405 Licensed Employees – General
406 Licensed Employee Compensation and Benefits

Approved: 03-31-92
Reviewed: 10-10-22
Revised: 7-14-95, 6-10-02, 2-13-19

dawn.gibson.cm… Thu, 06/13/2024 - 15:03

406.05 - Licensed Employee Group Insurance Benefits

Licensed employees are eligible for group insurance and health benefits. The board will select the group insurance program and the insurance company which will provide the program. Since the district employs less than an average of at least 50 full-time employees (including an equivalent for part-time employees), the district is not subject to the ACAs Employer Mandate.

Full-time licensed employees are eligible to participate in the health and major medical, life, and long-term disability group insurance plans. Regular part-time employees who wish to purchase insurance coverage may participate in group insurance programs by meeting the requirements of the insurer. Full-time and regular part-time licensed employees who wish to purchase insurance coverage for their spouse or dependents may do so by meeting the requirements of the insurer.

Licensed employees and their spouse and dependents may be allowed to continue coverage of the school district’s group health insurance program if they cease employment with the school district by meeting the requirements of the insurer.

This policy statement does not guarantee a certain level of benefits. The board will have the authority and right to change or eliminate group insurance programs for its licensed employees.

Legal Reference: Iowa Code §§20.9; 85; 85B, 279.12, .27; 509; 509A, 509B (2013).
Internal Revenue Code § 4980H©(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

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

dawn.gibson.cm… Thu, 06/13/2024 - 15:04

406.06 - Licensed Personnel Tax Sheltered Programs

Employees may elect to have amounts withheld from their pay for items authorized by law, subject to agreement of the district. The board may authorize the administration to make a payroll deduction for licensed employees’ tax-sheltered annuity premiums purchased from a company or program if chose by the board.

Licensed employees wishing to have payroll deductions for tax-sheltered annuities will make a written request to the superintendent by the 1^st of the month.

Legal Reference: Iowa Code §§ 260C; 273; 294.16
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

Approved: 3-31-92
Reviewed: 10-10-22
Revised: 2-13-19

dawn.gibson.cm… Thu, 06/13/2024 - 15:07

407 - Licensed Personnel Termination of Employment

407 - Licensed Personnel Termination of Employment dawn.gibson.cm… Thu, 06/13/2024 - 15:09

407.01 - Licensed Personnel Resignation

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 will be accepted by the board.

Legal Reference: 26 U.S.C. §162.
Iowa Code §§91A.2, .3, .5, 272A.6, 279.13, .19A (1991).

Cross Reference: 405.3    Licensed Personnel Individual Contracts
405.4    Licensed Personnel Continuing Contracts
407       Licensed Personnel Termination of Employment

Approved: 3-31-92
Reviewed: 12-12-22
Revised: 7-15-02, 11-13-19

dawn.gibson.cm… Thu, 06/13/2024 - 15:09

407.02 - Licensed Personnel Contract Release

Licensed employees who wish to be released from an executed contract must give thirty (30) days notice to the superintendent. Licensed personnel 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 shall have sole discretion to determine what constitutes unusual and extreme circumstances.

Release from a contract shall be contingent upon finding a suitable replacement. Licensed personnel requesting release from a contract after it has been signed and before it expires may be required to pay the board up to $500 for 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 shall be a condition for release from the contract in the discretion of the Board. Failure of the licensed employee to pay these expenses may result in a cause of action being such that the Board will not release the licensed employee from his/her contract until the specified costs have been paid.

The Board has the option to file a complaint with the Board of Educational Examiners against any licensed employee who leaves without proper release from the board.

Approved: 4-7-98
Reviewed: 12-12-22
Revised: 3-09-98, 9-20-99

dawn.gibson.cm… Thu, 06/13/2024 - 15:10

407.03 - Licensed Personnel Retirement

Licensed personnel who will complete their current contract with the board may apply for retirement. No licensed employee will be required to retire at any 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 will qualify for retirement benefits through the Iowa Public Employees Retirement System.

Licensed personnel 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: 26 U.S.C. §162.
42 U.S.C. §2000e-11.
Iowa Code Chapter 97B and 601A, §279.46.
370 Iowa Admin. Code 8.
1974 Op. Att’y Gen. 11.
1974 Op. Att’y Gen. 322.
1978 Op. Att’y Gen. 247.

Cross Reference: 413.2 Support Personnel Retirement

Approved: 3-31-92
Reviewed: 12-12-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 15:11

407.04 - Licensed Personnel Voluntary Early Retirement

Coverage

This policy shall apply to certified employees who are currently under contract with the Bennett Community School District.

Eligibility

To be eligible for the voluntary early retirement benefits described in this policy, an employee must have completed at least the number of years of continuous full-time service, as specified in the scale listed below, to Bennett Community School District or the full-time equivalent thereof prior to the effective date of the employee’s early retirement. The employee must have reached the age, as specified in the schedule of benefits, on or before September 1^st of the school year for which early retirement is first granted. The last year of employment must be a complete year of employment excluding absences due to illness or other approved leaves.

To be eligible for the early retirement benefits described in this policy an employee must also make application for early retirement not earlier than October 1^st and not later than April 1^st of the school year prior to the first school year in which early retirement would commence. The Board shall have the authority to approve or disapprove any and all applications for early retirement benefits.

An employee applying for early retirement shall submit his or her resignation, with the effective date to be the end of the contract year in which the early retirement application is submitted, from employment with the application for early retirement, which resignation may be contingent upon the Board’s approval of the application for early retirement. Applications for early retirement shall be addressed to the Superintendent on forms prepared by the Bennett Community School District.

Benefits

Full-time certified employees shall be eligible for an early retirement stipend as set out in the following:

Years of employment Age Basis of Payment
within the district

15 or more 57 A deposit to a 403(b) account of $10,000.00

for year one; $8,000.00 for year two; $7,000.00 for year three; $5,000.00 for years four and five, effective through 9/1/15. The deposits will be in consecutive Januarys following the acceptance of the early retirement application.

Unused/accumulated                                                              Employees may qualify for additional per
sick leave formula                                                                    diem pay for unused/accumulated sick leave
                                                                                                     upon retirement from the district. The
                                                                                                     employer’s per diem shall be the daily rate
                                                                                                     as provided in Schedule A for the regular
                                                                                                     school year prior to the year of retirement.

*110 to 120 sick leave days - 20 additional
days per diem pay

*100 to 109 sick leave days - 15 additional
days per diem pay

*90 to 99 sick leave days – 10 additional
days per diem pay

*80 to 89 sick leave days – 5 additional
days per diem pay

Payment

The district will pay the incentive amount concurrent with the early voluntary retirement stipend.

Payments

The payments shall be treated by the district as a contribution to a 403(b).

Beneficiary

In the event of the death of the employee prior to payment, payment shall be made to a designated beneficiary; or, in the event no beneficiary is named, payment shall be made to the estate of the employee. In the event of the death of the employee, the entire sum remaining to be paid shall be paid to the estate in one lump sum.

Insurance

A school district employee who retires is allowed to individually pay for and participate in the district’s group health plan at the group rates until he/she reaches age 65 by meeting the requirements of the insurer.

Non-Vesting, Amendable Policy

No employee of the Bennett Community School District shall be considered to have any vested rights by virtue of this policy. The Board retains the right to cancel, repeal, amend or otherwise change or eliminate the terms of this policy at any time. Any and all rights to employees, their heirs, successors, beneficiaries or dependents under this policy shall terminate upon the death of any employee or retiree except for payments due and owing an employee whose retirement has commenced pursuant to this policy, which payment shall be paid to the estate of such retiree when payable.

An employee eligible to retire under this policy waives all future rights to apply for employment with the Bennett Community School District with the exception of substitute services.

This policy is not offered for the 2016-2017 school year.

This policy is offered for the 2017-2018 school year.

This policy is not offered for the 2018-2019 school year.

Approved: 02-10-97
Reviewed: 12-12-22
Revised: 02-09-15, 10-08-18

dawn.gibson.cm… Thu, 06/13/2024 - 15:12

407.06 - Licensed Employee Early Retirement

The school district offers an early retirement plan for full-time licensed employees. Full-time licensed employees are licensed employees who are regularly scheduled to 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:

Is at least age 56 prior to the start of the next school year.
Completes a total of 15 years of service as a full-time licensed employee to the school district;
Submits an application to the superintendent for participation in the plan on or before January 27 for tier one and on or before March 1 for tier two of the year in which the employee wishes to retire;
Submits a written resignation. The resignation may be contingent upon approval by the board of participation in the voluntary early retirement plan; and
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 early retirement incentive to the licensed employee.

Approval by the board of the licensed employee’s early retirement application shall constitute a voluntary resignation. Approval by the board of the licensed employee’s early retirement application will also make the licensed employee eligible for disbursement of the early retirement incentive the sooner of July 1 following the licensed employee's approval for early retirement or a date mutually agreed upon by the school district and the licensed employee. 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.

Benefits:

Lump Sum Amount:

A lump sum of $35,000.00 (for tier one) and a lump sum of $15,000.00 (for tier two) will be deposited into a 403(b) account in January of the year following early retirement.

Unused/accumulated sick leave formula:

Employees may qualify for additional per diem pay for unused/accumulated sick leave upon retirement from the district. The employer’s per diem shall be the daily rate as provided in Schedule A for the regular school year prior to the year of retirement. The district will pay the incentive amount concurrent with the early voluntary retirement stipend.

110 to 120 sick leave days – 20 additional days per diem pay

100 to 109 sick leave days – 15 additional days per diem pay

90 to 99 sick leave days – 10 additional days per diem pay

80 to 89 sick leave days – 5 additional days per diem pay

Insurance:

Upon retirement, the licensed employee is eligible to continue participation in the school district’s group insurance plan at the school district’s expense by meeting the requirements of the insurer, for tier one. For tier two, the school district will pay 75% of the premium and the employee will pay 25% of the premium. Any rate increase beyond what is paid during the 2019-2020 school year will be at the retiree’s expense. The insurance coverage will cease when the licensed employee/retiree reaches age 65, secures other employment in which the employer provides insurance coverage, or dies. If dependent insurance coverage is carried, that coverage may continue beyond the employee’s/retiree’s 65^th birthday for a period of up to five years or until the dependent reaches age 65.

Beneficiary:

In the event of the death of the licensed employee prior to payment of the early retirement incentive but after the licensed employee’s retirement has begun, the early retirement incentive will be paid to the designated beneficiary in one lump sum payment. In the event no beneficiary is designated, the incentive will be paid to the licensed employee’s estate in one lump sum payment.

The board has complete discretion to offer or not to offer an early retirement plan for licensed employees. The board may discontinue the school district’s early retirement plan at any time. Upon adoption of this early retirement plan, licensed employees meeting the eligibility requirements will have 1 year to utilize this early retirement plan.

This policy is not offered for the 2016-2017 school year.

This policy is offered for the 2017-2018 school year.

This policy is not offered for the 2018-2019 school year.

This policy is offered for the 2019-2020 school year.

This policy is not offered for the 2020-2021 school year.

Legal Reference: 29 U.S.C. §§ 621 et seq. (2012).
Iowa Code §§ 97B; 216; 279.46; 509A.13.
1978 Op. Att’y Gen. 247.
1974 Op. Att’y Gen. 11, 322.

Cross Reference: 407.3 Licensed Employee Retirement
413.2 Classified Employee Retirement

Approved: 2-10-97
Reviewed: 12-12-22
Revised: 9-12-16, 3-11-19, 12-09-19

dawn.gibson.cm… Thu, 06/13/2024 - 15:15

407.06E - Licensed Employee Early Retirement Application

Name __________________________________________________________________

Birth date ________________________________________________________________

Social Security ____________________________________________________________

This application for early retirement constitutes a voluntary resignation effective at the end of the present contract year.

_______________________________
Signature

__________________________ _______________________________
Designated Beneficiary Witness

Signed before me on this ______day of ___________________, 20_____.

________________________________
Notary Public

To be completed by Business Manager:

Years of employment within the district _______________________

Age, as of September 1^st, in which early retirement is granted _________________________

Severance payment $35,000

Total unused sick leave days _______ X 20 15 10 5 ________________

Total benefits Payment – January 20, 20____ ________________

Approved by Board action __________________ ___________________________________
Date Superintendent’s Signature

dawn.gibson.cm… Thu, 06/13/2024 - 15:17

407.07 - Licensed Personnel Suspension

Employees shall perform their assigned job, respect board policy and obey the law. The superintendent is authorized to suspend a licensed employee pending board action on a discharge or for investigation of charges against the employee, and for disciplinary purposes. It shall be within the discretion of the superintendent to suspend a licensed employee with or without pay.

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

Legal Reference: Northeast Community Education Association v Northeast Community School District, 402 N.W.2d 765 (Iowa 1989).
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 (1991).

Cross Reference: 413.4 Support Personnel Suspension

Approved: 3-31-92
Reviewed: 12-12-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 15:20

407.08 - Licensed Employee Reduction in Force

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, will 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 process for reduction in force shall be as follows:

The superintendent shall consider the following criteria in making the recommendations:

Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing;
Relative skills, ability and demonstrated performance;
Qualifications for co-curricular programs; and
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 will be followed.

Legal Reference: Iowa Code §§20; 279.

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

Approved: 3-31-92
Reviewed: 11-13-19
Revised: 2-12-18

dawn.gibson.cm… Thu, 06/13/2024 - 15:22

408 - Licensed Personnel Professional Growth

408 - Licensed Personnel Professional Growth dawn.gibson.cm… Thu, 06/13/2024 - 15:23

408.01 - Licensed Employee Professional Development

The board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills. The board shall 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, are 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 for the expenses for the program.

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

Legal Reference: Iowa Code §279.8; 294.
281 I.A.C. 12.7; 83.6.

Cross Reference: 414.9 Classified Employee Professional Purposes Leave

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

dawn.gibson.cm… Thu, 06/13/2024 - 15:23

408.02 - Licensed Personnel Publication or Creation of Materials

Materials created by licensed personnel and the financial gain there from shall be 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 personnel’s employment. If the work or activity may interfere with the licensed employee’s primary responsibility, the licensed employee must seek prior written approval of the superintendent.

Legal Reference: Iowa Code §279.8 (1991).

Cross Reference: 401.3 General Personnel Conflict of Interest
408.3 Licensed Personnel Tutoring

Approved: 3-31-92
Reviewed: 12-12-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 15:24

408.03 - Licensed Personnel Tutoring

Licensed personnel may tutor pupils when school is not in session and during the summer. School district facilities, equipment and materials are designed to be used and shall be used only for the educational program of the school district.

Licensed personnel or others shall receive prior approval of the superintendent/designee before tutoring students enrolled in the school district.

Legal Reference: Iowa Code §§20.7, 279.8 (1991).

Cross Reference: 401.3 General Personnel Conflict of Interest

Approved: 3-31-92
Reviewed: 12-12-22
Revised: 8-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 15:25

408.04 - Licensed Personnel Licensure

Licensed personnel shall be licensed for the position they hold with the school district. The license shall meet the requirements set out as required by Iowa Code 272, Rules of the State Board of Educational Examiners and the accreditation standards of the State Department of Education. Each licensed employee must present a copy of their current license to the board secretary prior to payment of any annual salary.

Up-to-date transcripts including most recent under-graduate and graduate work completed, along with teaching licenses and approval statements must be kept on file in the superintendent’s office.

Legal Reference: Iowa Code §§20.7, 279.8 (1991).
281 Iowa Admin. Code 12.4(10).

Cross Reference: 303.1    Superintendent Qualifications, Recruitment, Appointment
304.2    Administrative Qualifications, Recruitment, Hiring
407.5    Licensed Personnel Suspension
407.6    Licensed Personnel Reduction in Force

Approved: 3-31-92
Reviewed: 12-12-22
Revised: 7-15-02

dawn.gibson.cm… Thu, 06/13/2024 - 15:26

409 - Licensed Personnel Vacations and Leaves of Absence

409 - Licensed Personnel Vacations and Leaves of Absence dawn.gibson.cm… Thu, 06/13/2024 - 15:27

409.01 - Licensed Employee Vacation - Holidays - Personal Leave

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

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

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

Cross Reference: 414.1 Classified Employee Vacations – Holidays – Personal Leave
601.1 School Calendar

Approved: 3-31-92
Reviewed: 12-12-18, 12-12-22
Revised: 8-14-95, 9-20-99, 7-15-02, 2-12-18

dawn.gibson.cm… Thu, 06/13/2024 - 15:28

409.02 - Licensed Personnel Professional Purpose Leave

Professional purpose leave may be granted each school year to licensed personnel to participate in a professional conference or event for continued professional development, or for visitation to view other instructional techniques or programs.

Requests for professional leave shall be in writing to the principal at least one (1) week in advance of the proposed leave. It shall be within the discretion of the principal to deny or grant the leave. In making this determination, the principal will consider the role of the employee in the conference or event and the effect of the licensed employee’s absence on the educational program and the operations of the school district.

Legal Reference: Iowa Code §§4.1(22), 20.9 (1991).

Cross Reference: 409 Licensed Personnel Vacations and Leaves of Absence

Approved: 3-31-92
Reviewed: 12-09-19, 12-12-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 15:29

409.03 - Licensed Employee Family and Medical Leave

Licensed personnel will be allowed to take a maximum of four (4) days family illness leave for an emergency illness or injury per school year. Family shall be defined as spouse, children, mother, father, brother, and sister. Additional use of up to four (4) days of personal illness leave for immediate family illness will be allowed.

Requests for family illness leave shall be made to the principal. The principal has the discretion to grant additional family illness leave. In making this determination, the principal shall consider the financial position of the school district, the effect of the licensed employee’s absence on the educational program and the operations of the school district, and other factors deemed relevant by the principal.

Licensed personnel who wish additional family illness leave may be required to pay the costs of the substitute licensed personnel necessary to carry out their duties.

Legal Reference: 29 U.S.C. §§ 2601 et seq.
29 C.F.R. § 825.
Iowa Code §§ 20; 85; 216; 279.40.
Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).

Cross Reference: 409.2         Licensed Employee Personal Illness Leave
409.8          Licensed Employee Unpaid Leave
414.3          Classified Employee Family and Medical Leave

Approved: 3-31-92
Reviewed: 12-09-19, 12-12-22
Revised: 08-14-95, 07-15-02, 12-12-16

dawn.gibson.cm… Thu, 06/13/2024 - 15:30

409.04 - Licensed Employee Personal Illness Leave

Licensed employees shall be granted ten (10) days of sick leave in their first (1^st) year of employment. Each year thereafter, one (1) additional day of sick leave will be granted to the employees up to a maximum of fifteen (15) days. “Day” is defined as one (1) work day regardless of full-time or part-time status of the employee. A new employee will report for work at least one (1) 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 from year to year up to a maximum of 120 days for licensed employees.

Should the personal illness occur after or extend beyond the sick leave accumulated allowance, the employee may apply for disability benefits under the group insurance plan. If the employee does not qualify for disability benefits, the employee may request a leave of absence without pay.

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 (3) consecutive days, the employee will comply with the board policy regarding family and medical leave.

Legal Reference: 29 U.S.C. §§ 2601 et seq.
29 C.F.R. § 825.
Iowa Code §§ 20; 85; 216; 279.40.
Whitney v Rural Ind. Sch. Dist., 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

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

dawn.gibson.cm… Thu, 06/13/2024 - 15:32

409.05 - Licensed Personnel Extended Illness Leave

Licensed personnel advised of a health condition which may require absence of more than five (5) days, with “day” being defined as one (1) work day regardless of full-time or part-time status of an employee, shall inform their supervisor as soon as possible so arrangements can be made for an effective transition of responsibilities to a substitute.

Evidence may be required about the mental or physical status of the licensed employee to confirm the need for an illness leave of absence, the employee’s illness, and the ability of the employee to continue to work until the beginning date of the extended illness leave.

An employee on extended illness leave should report for work as soon as the individual is capable of performing work. Upon returning to work, the employee must present medical evidence that the employee is physically capable of returning to and performing the duties required at work.

Pay provisions for extended illness leave will be coordinated with sick leave. If the illness extends beyond the employee’s accumulated sick leave, the employee may request a leave of absence without pay, and possibly, apply for long-term disability benefits. At any time the school district may require additional statements from the licensed employee’s physician or other evidence as may be requested by the school district. It will be within the discretion of the board or superintendent to determine the type and amount of evidence necessary.

Legal Reference: Iowa Code Chapter 20, §§85.33, .34, .38(3), 279.40 (1991)

Cross Reference: 409.3 Licensed Personnel Family Illness Leave
409.4 Licensed Personnel Illness/Disability Leave

Approved: 3-31-92
Reviewed: 12-12-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 15:33

409.06 - Licensed Personnel Emergency Leave

The board realizes an emergency may arise which would necessitate a licensed employee’s absence from work which is not covered by another form of leave of absence. Such leave shall be called emergency leave.

Emergency leave must be unforeseen and beyond the control of the employee. There is no set number of days that may be taken. The leave is dependent upon the need and request of the person needing to take the leave. This leave is not deducted from sick leave. The request shall be made in writing and a written record will be maintained. The superintendent/designee shall have the discretion to grant emergency leave. The superintendent/designee shall determine whether such leave shall be paid leave or unpaid leave.

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

Legal Reference: Iowa Code §§20.9, 279.8 (1991)

Cross Reference: 409 Licensed Personnel Vacations and Leaves of Absence
414 Support Personnel Vacations and Leaves of Absence

Approved: 3-31-92
Reviewed: 12-12-22
Revised: 8-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 15:35

409.07 - Licensed Employee Bereavement Leave

In the event of a death of a member of a licensed employee’s immediate family, bereavement leave may be granted. Bereavement may be granted to a licensed employee for no more than six (6) days, with “day” being defined as one (1) work day regardless of full-time or part-time status of the employee, per occurrence, for the death of a member of the immediately 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, grandchildren, grandparents of the employee, or any member of the immediate household or personal friend or relative not listed above.

It is within the discretion of the superintendent to determine the number of bereavement leave days to be granted.

Legal Reference: Iowa Code §§20; 279.8

Cross Reference: 409 Licensed Employee Vacations and Leaves of Absence

Approved: 3-31-92
Reviewed: 12-12-22
Revised: 8-14-95, 2-12-18

dawn.gibson.cm… Thu, 06/13/2024 - 15:35

409.08 - Licensed Personnel Political Leave

The board will provide a leave of absence to licensed personnel to run for elective public office. The superintendent shall grant a licensed employee a leave of absence to campaign as a candidate for any elective public office as unpaid leave.

The licensed employee will be entitled to one (1) period of leave to run for the elective public office, and the leave may commence anytime within thirty (30) 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 of schools at least thirty (30) days prior to the starting date of the requested leave.

Legal Reference: Iowa Code Chapter 55 (1991)
570 Iowa Admin. Code 14.13

Cross Reference: 409 Licensed Personnel Vacations and Leaves of Absence
414 Support Personnel Vacations and Leaves of Absence

Approved: 3-31-92
Reviewed: 12-12-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 15:36

409.09 - Licensed Personnel Jury Duty

The board will allow licensed personnel to be excused for jury duty. Employees who are called for jury service shall notify the employer within three (3) working days after notice of call to jury duty and suitable proof of jury service pay must be presented to the employer.

The employee will report to work within one (1) hour on any day when the employee is excused from jury duty during regular working hours. The employee will receive the difference between the employee’s pay as a juror and the employee’s regular rate of pay.

The requirements stated in Article VII of the Master Contract between employees in that certified collective bargaining unit and the board regarding the jury duty leave of such employees shall be followed.

Legal Reference: Iowa Code Chapters 607, 608, and 609, §20.9 (1991)

Cross Reference: 409 Licensed Personnel Vacation and Leaves of Absence
414 Support Personnel Vacation and Leaves of Absence

Approved: 3-31-92
Reviewed: 12-12-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 15:37

409.10 - Licensed Personnel Military Service Leave

The board recognizes licensed personnel 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 shall be without loss of status or efficiency rating and without loss of pay during the first thirty (30) days of the leave.

Legal Reference: Iowa Code Chapter 20, §29A.28 (1991)

Cross Reference: 409 Licensed Personnel Vacations and Leaves of Absence
414 Support Personnel Vacations and Leaves of Absence

Approved: 3-31-92
Reviewed: 12-12-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 15:38

409.11 - Licensed Personnel Unpaid Leave

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 personnel 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 educational program and school district operations, their length of service, previous record of absence, the reason for the requested absence and any other factors the superintendent believes are relevant to make this determination.

If unpaid leave is granted, the duration of the leave period shall be coordinated with the scheduling of the educational program whenever possible to minimize the disruption of the educational program and school district operations.

Whenever possible, licensed personnel shall make a written request for unpaid leave three (3) days prior to the beginning date of the requested leave. If the leave is granted, the deductions in salary shall be made unless they are waived specifically by the superintendent.

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

Legal Reference: 26 U.S.C. §162
Iowa Code Chapters 20, 85, 85A, 85B, 509, 509A, 509B, §§91B.1,
279.12, 294.8-.16 (1991)

Cross Reference: 406.5    Licensed Personnel Group Insurance Benefits
409        Licensed Personnel Vacations and Leaves of Absence
412.3    Support Personnel Group Insurance Benefits
414        Support Personnel Vacations and Leaves of Absence

Approved: 3-31-92
Reviewed: 12-12-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 15:39

409.12 - Licensed Personnel Long-Term Leave of Absence

A professional staff member may file a formal written request no later than March 15 for a long-term leave of absence. The Board of Directors shall consider such applications and reply by no later than April 15. The following conditions under which leave may be granted are as follows:

1. The employee much have been employed in the school system for at least three (3) years.

2. The leave shall not exceed one (1) school year.

3. The leave must be for educational improvement at an accredited college or university reasonably related to professional responsibilities.

4. The employee will be reemployed in the same positions held prior to the long-term leave or another professionally appropriate position upon
mutual agreement of the administration and the employee.

5. The employee will be returned to the same salary step he/she would have been on when he/she left the system. (For example, a teacher going
on leave of absence the year he/she would advance to the sixth step will return on the sixth step.)

6. The employee must notify the school district, in writing, by March 15 of the year of the leave regarding his/her intention to return.

Legal Reference:

Cross Reference:

Approved: 10-19-99
Reviewed: 12-12-22
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 15:41

410 - Other Licensed Personnel

410 - Other Licensed Personnel dawn.gibson.cm… Thu, 06/13/2024 - 15:42

410.01 - Substitute Teachers

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 contact 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 based upon qualifications and experience. 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 Code §§20.1, .4(5), .9; Ch.272
281 I.A.C. 12.4

Cross Reference: 405.1 Licensed Employee Defined
405.2 Licensed Employee Qualifications, Recruitment, Selection

Approved: 3-31-92
Reviewed: 12-09-19
Revised: 9-20-99, 12-9-13, 2-13-19

dawn.gibson.cm… Thu, 06/13/2024 - 15:42

410.02 - Shared Licensed Personnel

The board may make arrangements for sharing school district personnel with neighboring school districts in order to expand the opportunities available in the educational program and the operation of the school district. It shall be within the discretion of the board to determine when and with which school district sharing agreements will be made.

It shall be the responsibility of the superintendent/designee to bring to the board’s attention opportunities for sharing school district personnel with neighboring school districts.

Legal Reference: Iowa Code Chapter 28E, §§256.13, 280.15, 282.7(1), 442.39 (1991).
281 Iowa Admin. Code 7

Cross Reference: 606.1 Shared Students

Approved: 3-31-92
Reviewed: 12-09-19
Revised: 8-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 15:44

410.03 - Summer School Licensed Employees

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

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

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

Legal Reference: Iowa Code §§279.8, 280.14

Cross Reference: 505.2 Student Promotion – Retention – Acceleration
603.2 Summer School Instruction

Approved: 3-31-92
Reviewed: 12-09-19
Revised: 1-08-18

dawn.gibson.cm… Thu, 06/13/2024 - 15:48

410.04 - Student Teachers - Internships

The board will cooperate with post-secondary educational institutions to assist in the practical preparation of teachers and other licensed personnel positions. Student teachers and other student internships may be accepted for duties in the school district.

Licensed personnel shall not be required to accept student teachers or student interns. Experienced teachers and teachers in good standing shall be allowed to have student teachers or student interns.

It shall be the responsibility of the superintendent/designee to make arrangements with the post-secondary educational institutions for student teachers and student internships. Such arrangements shall safeguard the interest of the student teachers and student interns, the post-secondary educational institution, and the school district.

It shall be the responsibility of the post-secondary educational institution to provide sufficient supervision over the work of these student teachers to make their presence profitable.

Legal Reference: Iowa Code §§260.27, .30 (1991)
                281 Iowa Admin. Code 19.15(3)
               1936 Op. Att’y Gen. 462
               1974 Op. Att’y Gen. 6, 7415

Cross Reference: 1007 Other Interdistrict Relations

Approved: 3-31-92
Reviewed: 12-09-19
Revised: 8-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 15:50

411 - Support Personnel - General

411 - Support Personnel - General dawn.gibson.cm… Thu, 06/13/2024 - 15:51

411.01 - Support Personnel Defined

Support personnel are those school district employees who are not administrators or personnel in positions which require a State Certified License and who are employed to fulfill the duties listed on their job description on a monthly or hourly basis. Support personnel shall include, but not be limited to, teacher and classroom aides, custodial and maintenance employees, clerical employees, food service employees, bus drivers, and extra help for summer or other maintenance. The position may be full-time or part-time employment.

It shall be the responsibility of the superintendent/designee to establish job specifications and job descriptions for support personnel positions. Job descriptions shall be approved by the board.

Support personnel required to hold a license for their positions must present evidence of current license to the board secretary prior to payment of wages each year.

Legal Reference: Iowa Code Chapter 20, §279.8 (1991)

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

Approved: 3-31-92
Reviewed: 1-09-23
Revised: 8-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 15:52

411.02 - Support Personnel - Qualifications, Recruitment, Selection

Persons interested in a support position shall have an opportunity to apply and qualify for support positions in the school district. All applications will be considered without regard to race, color, creed, sex, gender identity, sexual orientation, marital status, socioeconomic status, national origin, religion, age (except students) or disability. Job applicants for support positions shall 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 or other license if required for the position

Announcement of the position shall be through whichever means the superintendent/designee believes will inform potential applicants about the position. Applications for employment may be obtained from and completed applications shall be returned to the school district administrative office. The opening will be posted on TeachIowa, the online job posting system. Whenever possible, the preliminary screening of applicants shall be conducted by the district employee who will be directly supervising and overseeing the person being hired.

The superintendent/designee shall employ support personnel. Such employment shall be subject to the board’s approval at its next meeting when the superintendent/designee shall present the names and salaries of the employees to the board.

Legal Reference: 29 U.S.C. §§621-634
42 U.S.C. §2000e et seq
Iowa Code Chapter 70 and 601A, §§279.8, 294.1 (1991)
281 Iowa Admin. Code 11

Cross Reference: 401.2    Equal Employment Opportunity
411.1    Support Personnel Defined
411.3    Support Personnel Contracts
411.4    Support Personnel Licensing/Certification

Approved: 3-31-92
Reviewed: 1-09-23
Revised: 3-13-17

dawn.gibson.cm… Thu, 06/13/2024 - 15:54

411.03 - Support Personnel Letter of Employment

The board will enter into written letters of employment with support personnel employed on a regular basis. The letter of employment will state the terms of employment.

Each letter of employment shall include two (2) week cancellation clause, unless letter of employment is tied to student enrollment in the district. Either the employee or the board must give notice of the intent to cancel the letter of employment at the end of two (2) weeks. This notice will not be required when the employee is terminated during a probationary period or for cause.

Support personnel shall receive a job description stating the specific performance responsibilities of their position.

It shall be the responsibility of the superintendent to draw up and process the support personnel letters of employment and present them to the board for approval. The letters of employment, after being signed by the board president, shall be filed with the board secretary.

Legal Reference: Iowa Code Chapter 20, §§277.27, 279.8, 285.5(9) (1991)

Cross Reference: 203 Board of Directors Member Conflicts of Interest
405.2 Licensed Personnel Qualifications, Recruitment, Selection
411.2 Support Personnel Qualifications, Recruitment, Selection
411.8 Support Personnel Probationary Status

Approved: 3-31-92
Reviewed: 1-09-23
Revised: 6-8-20

dawn.gibson.cm… Thu, 06/13/2024 - 15:55

411.04 - Support Personnel Licensing/Certification

Support employees who require special license or other certification shall keep such licenses up to date at their own expense. The requirements for a license needed for a position will be considered met if the employee meets the requirements established by law and by the State Department of Education for the position.

Legal Reference: Iowa Code §§260.6, .23, 285.5(9) (1991)
281 Iowa Admin. Code 43.12-.24
281 Iowa Admin. Code 12.4(10)

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

Approved: 3-31-92
Reviewed: 1-09-23
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 15:57

411.05 - Support Personnel Assignment

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

It shall be the responsibility of the superintendent/designee to assign support employees and report such assignments to the board.

Legal Reference: Iowa Code Chapter 20, §279.8 (1991)

Cross Reference: 200.3    Powers of Board of Directors
200.4    Responsibilities of the Board of Directors
405.6    Licensed Personnel Assignment

Approved: 3-31-92
Reviewed: 1-09-23
Revised: 8-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 15:58

411.06 - Support Personnel Transfers

Determining the location where a support employee’s assignment will be carried out is the responsibility of the superintendent/designee and within the sole discretion of the board. In making such assignments each year the superintendent/designee shall consider the qualifications of each support employee and the needs of the school district.

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

It shall be the responsibility of the superintendent/designee to transfer support employees and report such transfers to the board.

Legal Reference: 29 U.S.C. §§621-634
42 U.S.C. §2000e et seq.
Iowa Code Chapters 70 and 601A, §§20.9, 279.8, 294.1 (1991)
281 Iowa Admin. Code 11

Cross Reference: 200.3    Powers of Board of Directors
200.4    Responsibilities of the Board of Directors
405.7    Licensed Personnel Transfers

Approved: 3-31-92
Reviewed: 1-09-23
Revised: 8-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 15:59

411.07 - Support Personnel Evaluation

Evaluation of support personnel on their skills, abilities, and competence shall be an ongoing process supervised by the building principals and conducted by approved evaluators. The goal of the formal evaluation of support personnel shall be to maintain support personnel who meet or exceed the board’s standards of performance, to clarify each support 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 school district personnel.

It shall be the responsibility of the superintendent/designee to ensure support personnel are formally evaluated once per year. New and probationary support personnel shall be formally evaluated twice a year.

Legal Reference: PERB v Aplington Community School District, 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 (1991)
281 Iowa Admin. Code 12.3(4)

Cross Reference: 303.5    Superintendent Evaluation
304.6    Administrative Evaluation
405.8    Licensed Personnel Evaluation

Approved: 3-31-92
Reviewed: 1-09-23
Revised: 8-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 16:00

411.08 - Support Personnel Probationary Status

The first ninety (90) days of a newly employed support employee’s contract shall be a probationary period. “Day” shall be defined as one (1) 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. During this probationary period the board may terminate support personnel contracts at any time.

Legal Reference: Iowa Code Chapter 20, §279.8 (1991)

Cross Reference: 405.9 Licensed Personnel Probationary Status
411.3 Support Personnel Contracts

Approved: 3-31-92
Reviewed: 1-09-23
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 16:01

412 - Support Personnel Compensation and Benefits

412 - Support Personnel Compensation and Benefits dawn.gibson.cm… Thu, 06/13/2024 - 16:03

412.01 - Support Personnel Compensation

The board shall determine the compensation to be paid for the support personnel positions, keeping in mind the education and experience of the support employee, the mission statement of the school district, and any other considerations as deemed relevant by the board.

It shall be the responsibility of the superintendent to make a recommendation to the board annually regarding compensation of support personnel.

The board may, based on the superintendent’s recommendation, hold support employees at their current salary level for disciplinary purposes.

Legal Reference: Iowa Code §§20.1, .4, .7, .9, 279.8 (1991)

Cross Reference: 411.3    Support Personnel Contracts
411.7    Support Personnel Evaluation
412.2    Support Personnel Wage and Overtime Compensation

Approved: 3-31-92
Reviewed: 1-09-23
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 16:03

412.02 - Support Personnel Wage and Overtime Compensation

The board recognizes that non-exempt personnel should be compensated for approved hours worked over forty (40) hours in a work week. This compensation shall be in the form of overtime pay.

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 federal minimum wage. Whenever a non-exempt employee must work more than forty (40) hours in a given work week, the employee shall be compensated at one and one-half (1 ½) times their regular hourly wage rate. Overtime will not be permitted without prior authorization of the superintendent/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, such records will be grounds for disciplinary action.

It is the responsibility of the superintendent/designee to maintain records.

Legal Reference: 29 U.S.C. §206 et seq.
29 C.F.R. 511-800
Garcia v San Antonio Metropolitan Transit Authority, 83 L.Ed.2d.
1016
105 S.Ct. 1005 (1985)

Cross Reference: 411.1    Support Personnel Defined
411.3    Support Personnel Contracts
412.1    Support Personnel Compensation

Approved: 3-31-92
Reviewed: 1-09-23
Revised: 8-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 16:04

412.03 - Support Personnel Group Insurance Benefits

Support personnel shall be eligible for group insurance benefits as determined by the board and required by law. The board shall select the group insurance program and the insurance company which will provide the program.

Support employees who work thirty (30) hours per week and are paid on a nine (9) to twelve (12) month basis shall be eligible to participate in the health group insurance plans at their own cost unless their district contract states otherwise.

Support personnel and their spouses and dependents shall be allowed to continue coverage of the school district’s group health insurance program at their own expense by meeting the requirements of the insurers. In no event will the support employee or spouse and dependents be allowed to continue coverage at their expense if the support employee is terminated for cause.

This policy statement does not guarantee a certain level of benefits. The board shall have the authority and right to change or eliminate group insurance programs for support employees.

Support personnel shall be entitled to workers’ compensation and unemployment benefits. Employees interested in these benefits shall contact the board secretary.

Legal Reference: 26 U.S.C. §162
Iowa Code Chapter 85, 85B, 509, 509A, 509B, §§20.9, 279.12,
297.8-.16 (1991)

Cross Reference: 806 Payroll Procedures
406.5 Licensed Personnel Group Insurance Benefits

Approved: 3-31-92
Reviewed: 1-09-23
Revised: 9-20-99, 11-13-17, 12-11-17

dawn.gibson.cm… Thu, 06/13/2024 - 16:05

412.04 - Classified Employee Tax Shelter Programs

Employees may elect to have amounts withheld from their pay for items authorized by law, subject to agreement of the district. The board may authorize the administration to make a payroll deduction for classified employees’ tax-sheltered annuity premiums purchased from a company or program if chose by the board.

Classified employees wishing to have payroll deductions for tax-sheltered annuities will make a written request to the superintendent by the 1^st of the month.

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 §§260C; 273; 294.16
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

Approved: 3-31-92
Reviewed: 1-09-23
Revised: 2-13-19

dawn.gibson.cm… Thu, 06/13/2024 - 16:06

413 - Support Personnel Termination of Employment

413 - Support Personnel Termination of Employment dawn.gibson.cm… Thu, 06/13/2024 - 16:08

413.01 - Support Personnel Resignation

Support employees who wish to resign during the school year shall give the board notice of their intent to resign and cancel their contract thirty (30) days prior to their last working day. In its discretion, the board may choose to not accept a resignation of a support employee prior to finding a suitable replacement.

Notice of the intent to resign shall be in writing to the superintendent.

Legal Reference: Iowa Code §§91A.2, .3, .5, 272A.6, 279.13, .19A, 285.5(9) (1991)

Cross Reference: 407.1 Licensed Personnel Resignation
411.3 Support Personnel Contracts

Approved: 3-31-92
Reviewed: 2-13-23
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 16:08

413.02 - Support Personnel Retirement

Support personnel who will complete their current contract with the board may apply for retirement. No support employee will be required to retire at any specific age.

Application for retirement will be considered made when the support 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 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. Applications made after the date set by the board of the return of the employee’s contract must be at least thirty (30) days prior to the employee’s retirement date. The board, in its discretion, may consider retirement applications that do not meet these requirements if special circumstances exist. It shall be within the discretion of the board to determine whether special circumstances exist.

Board action to approve a support employee’s application for retirement shall be final and such action constitutes termination of the employee’s contract effective the day of the employee’s retirement.

Employees who qualify for retirement benefits through the Iowa Public Employees Retirement System shall receive those benefits in compliance with that program.

Support personnel and their spouse and dependents who have group coverage through the school district shall 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: 26 U.S.C. §162
42 U.S.C. §2000e-11
Iowa Code Chapters 97B and 601A (1991)
370 Iowa Admin. Code 8
1978 Op. Att’y Gen. 247
1974 Op. Att’y Gen. 11, 322

Cross Reference: 407.3    Licensed Personnel Retirement
407.4    Licensed Personnel Early Retirement
413.3    Support Personnel Early Retirement

Approved: 3-31-92
Reviewed: 2-13-23
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 16:09

413.03 - Support Personnel Early Separation Program

The School district offers early separation (voluntary or force) plans for support personnel. Support personnel include, but are not limited to custodians, secretaries, bus drivers, cooks, aides, and maintenance supervisor. A support personnel employee is eligible under the early separation plan when the employee:

Is at least 55 years of age on or before September 1^st of the year in which the support personnel employee wishes to retire;
Completes a total of 15 years of continuous service to the school district, and is not receiving the District’s Long-Term Disability Insurance Program or has been discharged for cause;
Submits an application to the superintendent for participation in the plan on or before April 1^st of the year in which the support personnel wishes to retire. Applications submitted after April 1^st may be considered at the discretion of the Board depending on the circumstances for the late application;
Submits a written resignation. The resignation may be contingent upon approval by the Board of participation of the voluntary early separation plan; and
Receives Board approval of the support personnel application for participation in the early separation plan, of the support personnel’s resignation and of the disbursement of early separation incentive to the support personnel.

Approval by the Board of the support personnel’s early separation application shall constitute a voluntary or force resignation. Approval by the Board of the support personnel’s early separation application shall also make the support personnel eligible for disbursement of the early separation incentive the sooner of July 1^st, following the support personnel’s approval for early separation or date mutually agreed upon by the school district and the support personnel. Failure of the Board to approve the support personnel’s early separation application shall make the support personnel’s current contract with the Board continue in full force and effect.

The early separation incentive is the amount representing $100 per years of service for each years of continuous service at and above fifteen (15) at the time of separation. Also, ten dollars ($10) per day for unused sick with a maximum of 120 days.

Cash payment is subject to federal and state income tax withholding. IPERS tax is not withheld.

Upon separation, the support personnel shall be eligible to continue participation in the school district’s group insurance plan at the support personnel’s expense by meeting the requirements of

the insurer. The employees must pay the monthly premium amount in full to the Board Secretary prior to the due date of the school district’s premium payment to the insurance carrier.

Legal Reference:

Cross Reference:

Approved: 5-9-05
Reviewed: 2-13-23
Revised:

EARLY SEPARATION CALCULATION WORKSHEET

SUPPORT PERSONNEL

Name___________________________________ Position_____________________________

Birth Date________________________________ Continuous Years of Service____________

Number of Years of Continuous Service at and above fifteen years:

_______ X $100 = $_________________
years rate sub total

Number of Unused Sick Days: _______x $10 = $___________________
days rate sub total

(maximum 120 days)

Grand Total $________________

Employee Signature________________________________________ Date_________________

Board Secretary___________________________________________ Date_________________

dawn.gibson.cm… Thu, 06/13/2024 - 16:10

413.04 - Support Personnel Suspension

Employees shall perform their assigned job, respect board policy and obey the law. The superintendent is authorized to suspend a support employee with pay pending board action on a discharge or during investigation of charges against the employee or for disciplinary purposes. It shall be within the discretion of the superintendent to suspend a support 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 1989)
McFarland v Board of Education, 277 N.W.2d 901 (Iowa 1979)
Iowa Code §§20.7, .24, 279.13, 279.15-.19 (1989)

Cross Reference: 407.5 Licensed Personnel Suspension
413.5 Support Personnel Dismissal

Approved: 3-31-92
Reviewed: 2-13-23
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 16:15

413.05 - Support Personnel Dismissal

The board believes employees should perform their jobs, respect board policy and obey the law. A support employee may be dismissed upon thirty (30) days notice or immediately for cause. Appropriate due process procedures shall be followed.

A support 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 crime against the laws of Iowa or the United States.

Legal Reference: Iowa Code §§20.7, .24, 279.13, .15-.19 (1991)

Cross Reference: 413.4 Support Personnel Suspension

Approved: 3-31-92
Reviewed: 2-13-23
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 16:16

413.06 - Support Personnel Reduction in Force

It is the exclusive power of the board to determine when a reduction in support personnel is necessary. Employees who are terminated due to a reduction in force shall be given thirty (30) days notice. Appropriate due process will be followed in terminations due to a reduction in force.

It shall be the responsibility of the superintendent/designee to make a recommendation for termination to the board. The superintendent/designee will consider the relative qualifications, skills, ability and demonstrated performance through evaluation procedures in making the recommendations.

Legal Reference: Iowa Code §§20.7, .24, 279.13, .15-.19 (1991)

Cross Reference: 407.6    Licensed Personnel Reduction in Force
413.4    Support Personnel Suspension
413.5    Support Personnel Dismissal

Approved: 3-31-92
Reviewed: 2-13-23
Revised: 8-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 16:17

414 - Support Personnel Vacations and Leaves of Absence

414 - Support Personnel Vacations and Leaves of Absence dawn.gibson.cm… Thu, 06/13/2024 - 16:18

414.01 - Support Personnel Vacations-Holidays-Personal Leave

The board shall determine the amount of vacation, holidays and personal leave that will be allowed on an annual basis for support personnel.

Support personnel who work twelve (12) months per year and who have worked one (1) to six (6) continuous years, unless the employee’s contract indicates otherwise, will receive twelve (12) days of vacation each year. Support personnel who have worked seven (7) to fifteen (15) continuous years will receive eighteen (18) days of paid vacation. Support personnel who have worked sixteen (16) or more continuous years, will receive twenty-four (24) days of vacation. Support employees who leave prior to the end of their contract will receive their pro rata share of vacation for the year.

The vacation may be taken any time during the school year when the vacation will not disrupt the operation of the school district. The employee must submit a vacation request to the superintendent/designee, who shall be responsible for determining whether the request will disrupt the operation of the school district.

Support personnel, other than summer employees, will be allowed a maximum of two (2) days of personal business leave to accomplish personal business that cannot be conducted outside the work day. The employee must, whenever possible, submit a personal leave request, stating the reason for the leave three (3) days prior to the leave day. Except in cases of serious emergency, this leave may be denied if it falls on the day before or the day after a holiday or vacation, it falls on a special day when services would be necessary, it would cause undue interruption to the educational program or to a program demanding the employee’s services to the department, or other reasons deemed relevant by the superintendent/designee. It shall be within the discretion of the superintendent/designee to grant personal leave.

Support personnel will be allowed ten (10) paid holidays, if the holidays fall on a regular working day. The ten (10) holidays shall be July 4, Labor Day, Thanksgiving Day, Thanksgiving Friday, Day before Christmas, Christmas Day, New Year’s Day, Presidents’ Day, Good Friday and Memorial Day.

Support personnel will 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/designee.

It shall be the responsibility of the superintendent/designee to make a recommendation to the board annually on vacation and personal leave for support personnel.

Legal Reference: Iowa Code §§4.1 (22), 20.9, 31.1-.9, 33.1 (1991)

Cross Reference: 409.01 Licensed Personnel Vacations – Holidays – Personal Leave

Approved: 3-31-92
Reviewed: 4-08-24
Revised: 2-10-14

dawn.gibson.cm… Thu, 06/13/2024 - 16:18

414.02 - Support Personnel Family Illness Leave

Support personnel will be allowed to take a maximum of four (4) days family illness leave per school year. Family shall be defined as spouse, child, father, mother, sister, or brother.

Requests for family illness leave shall be made to the superintendent or the superintendent’s designee. The superintendent has the discretion to grant additional family illness leave. In making this determination, the superintendent shall consider the financial position of the school district, the effect of the support employee’s absence on the educational program and the operations of the school district, and other factors the principal deems relevant.

Support personnel who wish additional family illness leave may be required to pay the costs of substitute personnel when necessary to carry out their duties.

Legal Reference: Iowa Code §§20.9, 279.8 (1991)

Cross Reference: 403.10 Family and Medical Leave
409.03 Licensed Personnel Family Illness Leave
414 Support Personnel Vacations and Leaves of Absence

Approved: 3-31-92
Reviewed: 4-08-24
Revised: 7-15-02

dawn.gibson.cm… Thu, 06/13/2024 - 16:20

414.03 - Support Personal Illness/Disability Leave

Support personnel shall be granted ten (10) days of sick leave in their first (1^st) year of employment. Each year thereafter, one (1) additional day of sick leave will be granted to the employees up to a maximum of fifteen (15) 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 (1) 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.

Unused sick leave may be accumulated from year to year up to a maximum of 120 days for support personnel.

Should the personal illness occur after or extend beyond the accumulated allowance, the employee may request a leave of absence without pay.

Evidence may be required regarding the mental or physical health of the employee when the administration has a concern for 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 shall be within the discretion of the board and the superintendent to determine the type and amount of evidence necessary.

When an illness leave will be greater than five (5) consecutive days, the employee shall comply with board policy on extended illness leave.

If an employee is eligible to receive workers’ compensation benefits, the employee shall contact the board secretary to implement these benefits.

Legal Reference: Whitney v Rural Ind. Sch. Dist. 232 la. 61, 4 N.W.2d 394 (1942)
Iowa Code Chapter 20, §§85.33, .34, .38(3), 279.40 (1991)
1952 Op. Att’y Gen. 91
1972 Op. Att’y Gen. 177, 353
1980 Op. Att’y Gen. 605

Cross Reference: 409.04 Licensed Personnel Illness/Disability Leave
414 Support Personnel Vacations and Leaves of Absence

Approved: 3-31-92
Reviewed: 4-08-24
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 16:21

414.04 - Support Personnel Extended Illness Leave

Support personnel advised of a health condition which may require absence for more than five (5) days, with “day” being defined as one work day regardless of full-time or part-time status of the employee, shall inform the superintendent/designee upon learning of the condition to allow arrangements to be made for an effective transition of responsibilities.

Evidence may be required about the mental or physical status of the support employee to confirm the need for an illness leave of absence, the employee’s illness, and the ability of the employee to continue work until the date on which the employee goes on leave.

Employees on extended sick leave should report for work as soon as they are capable of performing their duties. Upon returning to work, the employee must present medical evidence that the employee is physically capable of returning to and performing the duties required at work.

Pay provisions for extended illness will be coordinated with sick leave. If the illness extends beyond the employee’s accumulated sick leave, the employee may request a leave of absence without pay. At any time, the school district may require additional statements from the support employee’s physician or other evidence as may be requested by the school district. It will be within the discretion of the board or superintendent/designee to determine the type and amount of evidence necessary.

Legal Reference: Iowa Code Chapter 20, §§85.33, .34, .38(3), 279.40 (1991)

Cross Reference: 409.5 Licensed Personnel Extended Illness Leave

Approved: 3-31-92
Reviewed: 2-13-23
Revised: 8-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 16:22

414.05 - Support Personnel Emergency Leave

The board realizes an emergency may arise which would necessitate a support employee’s absence from work which is not covered by another form of leave of absence. Such leave shall be called emergency leave.

Emergency leave must be unforeseen and beyond the control of the employee. The superintendent/designee shall have the discretion to grant emergency leave. The superintendent/designee shall determine whether such leave shall be paid leave or unpaid leave.

Legal Reference: Iowa Code §§20.9, 279.8 (1991)

Cross Reference: 409.6 Licensed Personnel Emergency Leave
414 Support Personnel Vacations and Leaves of Absence

Approved: 3-31-92
Reviewed: 2-13-23
Revised: 8-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 16:23

414.06 - Support Personnel Bereavement Leave

In the event of a death, bereavement leave may be granted to a support employee. Bereavement leave granted will be for a maximum of six (6) days per year, with “day” being defined as one work day regardless of full-time or part-time status of the employee.

It shall be within the discretion of the superintendent to determine the number of bereavement leave days granted for any given occurrence.

Legal Reference: Iowa Code §§20.9, 279.8 (1991)

Cross Reference: 409.7 Licensed Personnel Bereavement Leave
414 Support Personnel Vacations and Leaves of Absence

Approved: 3-31-92
Reviewed: 2-10-20
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 16:24

414.07 - Support Personnel Political Leave

The board will provide a leave of absence to support personnel to run for elective public office. The superintendent shall grant a support employee a leave of absence to campaign as a candidate for any elective public office as unpaid leave.

The support employee will be entitled to one (1) period of leave to run for elective public office, and the leave may commence any time within thirty (30) 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 of schools at least thirty (30) days prior to the starting date of the requested leave.

Legal Reference: Iowa Code Chapter 55 (1991)
570 Iowa Admin. Code 14.13

Cross Reference: 409.8 Licensed Personnel Political Leave
414 Support Personnel Vacations and Leaves of Absence

Approved: 3-31-92
Reviewed: 2-13-23
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 16:25

414.08 - Support Personnel Jury Duty Leave

The board will allow support personnel to be excused for jury duty. Support personnel will continue to receive full salary compensation less the amount of money paid to the employee for such jury duty.

When the support employee is dismissed from jury duty, the employee shall report to the superintendent. The employee is required to perform the employee’s duties remaining to be completed that day.

Legal Reference: Iowa Code Chapters 607, 608, and 609, §20.9 (1991)

Cross Reference: 409.9 Licensed Personnel Jury Duty Leave
414 Support Personnel Vacations and Leaves of Absence

Approved: 3-31-92
Reviewed: 2-13-23
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 16:26

414.09 - Support Personnel Military Service Leave

The board recognizes support personnel may be called to participate in the armed forces, including the National Guard. If a support 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 shall be without loss of status or efficiency rating, and without loss of pay during the first thirty (30) days of the leave.

Legal Reference: Iowa Code Chapter 20, §29A.28 (1991)

Cross Reference: 409.10 Licensed Personnel Military Service Leave
414 Support Personnel Vacations and Leaves of Absence

Approved: 3-31-92
Reviewed: 2-13-23
Revised:

dawn.gibson.cm… Thu, 06/13/2024 - 16:27

414.10 - Support Personnel Unpaid Leave

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies. Unpaid leave for support personnel must be authorized by the superintendent/designee. Whenever possible, support personnel shall make a written request for unpaid leave ten (10) days prior to the beginning date of the requested leave. If the leave is granted, the deduction in salary shall be made unless they are waived specifically by the superintendent/designee.

The superintendent/designee shall have complete discretion to grant or deny the requested unpaid leave. In making this determination, the superintendent/designee shall consider the effect of the employee’s absence on the educational program and school district operations, their length of service, previous record of absence, the reason for the requested absence and any other factors the superintendent/designee believes are relevant in making this determination.

If unpaid leave is granted, the duration of the leave period shall be coordinated with the scheduling of the educational program whenever possible, to minimize the disruption of the educational program and school district operations.

Legal Reference: 26 U.S.C. §162
Iowa Code §§20.9, 279.8 (1991)

Cross Reference: 409.11 Licensed Personnel Unpaid Leave
414 Support Personnel Vacations and Leaves of Absence

Approved: 3-31-92
Reviewed: 2-13-23
Revised: 8-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 16:27

414.11 - Support Personnel Professional Purposes Leave

Professional purposes leave may be granted to support employees for the purpose of attending meetings and conferences directly related to their assignments. Application for the leave must be presented ten (10) days prior to the meeting or conference.

It shall be within the discretion of the superintendent/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 school business, or for other reasons deemed relevant by the superintendent/designee.

Cross Reference: 409.2 Licensed Personnel Professional Purposes Leave

Approved: 3-31-92
Reviewed: 2-13-23
Revised: 8-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 16:29

415 - Support Personnel Substitutes

The superintendent/designee shall employ substitute and temporary support personnel. Such employment shall be subject to the board’s approval at its next meeting, when the superintendent/designee shall present the names and salaries of the employees to the board.

Legal Reference: Iowa Code §§20.9, 279.8 (1991)

Cross Reference: 411 Support Personnel – General

Approved: 3-31-92
Reviewed: 2-13-23
Revised: 8-14-95

dawn.gibson.cm… Thu, 06/13/2024 - 16:29

500 - STUDENTS

500 - STUDENTS Jen@iowaschool… Fri, 06/07/2024 - 08:17

500 - Objectives for Equal Educational Opportunities for Students

This series of the board policy manual is devoted to the board’s goals and objectives for assisting the students of the school district in obtaining an education. Each student shall have an opportunity to obtain an education in compliance with the policies in this series.

It is the goal of the board to develop a healthy social, intellectual, emotional, and physical self-concept in the students enrolled in the school district. Each student attending school will have the opportunity to use it and its education program and services as a means for self-improvement and individual growth. In so doing, the students are expected to conduct themselves in a manner that assures each student the same opportunities.

The board supports the delivery of the educational program and services to students free of discrimination on the basis of race, color, sex, marital status, national origin, religion, sexual orientation, gender identity or disability. This concept of equal educational opportunity serves as a guide for the board and employees in making decisions relating to school facilities, employment, selection of educational materials, equipment, curriculum, and regulations affecting students.

In the delivery of the educational program, students shall treat the employees with respect and students will receive the same in return. Employees have the best interests of the students in mind and will assist them in school-related or personal matters if they are able to do so. Students should feel free to discuss problems, whether school-related or personal, with the guidance counselor or other employee.

Board policies, rules, and regulations affect students while they are on school property or on property within the jurisdiction of the school district, while on school owned and or operated school or chartered vehicles, while attending or engaged in school activities, and while away from school grounds if misconduct will directly affect the good order, efficient managements and welfare of the school district.

Board policy refers to the term “parents” in many of the policies. The term parents for purposes of this policy manual means the legal parents, the legal guardians, or the custodian of a student. Students who have reached the age of maturity or are not only the biological parents but it shall also mean the legal guardian and students who have reached the age of majority or are otherwise considered an adult by law.

Inquires by students regarding compliance with equal educational opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, are directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Bennett Community School District, 300 Cedar Street, Bennett, Iowa 52721; or by phoning 563-890-2226.

Inquiries by students regarding compliance with equal educational 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, US Department of Education, One Petticoat Lane, 1010 Walnut, Suite 452, Kansas City, Missouri 64106; 816-268-0404 or Iowa Department of Education, Grimes State Office Building, Des Moines, Iowa; 515-281-5294. This inquiry or complaint to the federal or state 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 central administrative office.

Approved: 4-13-92
Reviewed: 10-08-18
Revised: 12-15-08, 10-12-15

dawn.gibson.cm… Thu, 06/20/2024 - 08:06

501 - Student Attendance

501 - Student Attendance dawn.gibson.cm… Thu, 06/20/2024 - 08:08

501.01 - Resident Students

Children who are residents of a school district community will attend the school district without paying tuition.

The residence of the student means the place, adobe, or dwelling of the student. Generally, the legal dwelling of minors is the same as their parents. A child may, however, establish a dwelling with someone other than the parents and attend public school in that school district without paying tuition if the primary purpose for residing in the school district is not for obtaining a free public education. Further, emancipated minors or individuals who have reached the age of majority and who are still eligible to attend an Iowa secondary school may declare their residence independent of the residence of the parents.

Each case involving the bona fide residence of a student will be decided upon its individual merits by the superintendent.

Legal Reference:  Lakota Cons. Ind. School v Buffalo Center-Rake C.S.D., 334 N.W. 2d 704 (Iowa 1983)
  Mt. Hope School District v Hendrickson, 197 N.W. 47 (Iowa 1924)
  Oshel v Creston C.S.D., DPI Admin. Doc. 570 (1981)
33 D.P.I. Dec. Rul. 80 (1984)
Iowa Code §§282.2, .6, .7, 285.4, 442.4 (1991)
1930 Op. Att’y Gen. 147
1938 Op. Att’y Gen 69
1946 Op. Att’y Gen. 197
1956 Op. Att’y Gen 185

Cross Reference: 501 Student Attendance

Approved: 4-13-92
Reviewed: 10-08-18
Revised:

dawn.gibson.cm… Thu, 06/20/2024 - 08:08

501.02 - Nonresident Students

Students who are eligible to attend an Iowa public school but who are not legal residents of this district, and who have not properly applied under open enrollment provisions, may be admitted to school at the discretion of the superintendent upon application and payment of tuition. The tuition rate shall be the current per-pupil cost of the district as computed by the board secretary and as authorized by the State Department of Education.

Resident students whose families move from the school district after the start of a semester and who wish to complete the semester in the school district may be permitted to attend without the payment of tuition at the discretion of the superintendent. These students must have the recommendation of the principal, as well as an adult who resides in the school district, identified for purposes of administration.

Nonresident students who are eligible to attend an Iowa public school and who have evidence they will become legal residents of the school district prior to the certified enrollment date may be allowed to attend without the payment of tuition.

Legal Reference:  Lakota Consolidated Ind. School v Buffalo Center-Rake C.S.D., 334 N.W.2d 704 (Iowa 1983)
  Mt. Hope School District v Hendrickson, 197 N.W. 47 (Iowa 1924)
  Oshel v Creston C.S.D, DPI Admin. Doc. 570, (1981)
Iowa Code §§282.1, .2, .6, .7, .24, 442.4 (1991)

Cross Reference: 501 Student Attendance

Approved: 4-13-92
Reviewed: 10-08-18
Revised: 11-08-99, 10-09-06

dawn.gibson.cm… Thu, 06/20/2024 - 08:12

501.03 - Compulsory Attendance

Persons within the district who have control of a child over six (6) and under sixteen (16) years of age by September 15 in proper physical and mental condition to attend school shall have the child attend the school district at the attendance center designated by the board. Exceptions to this policy include children who:

Are attending an accredited nonpublic school
Have completed the requirements for graduation in an accredited school or have obtained a high school equivalency diploma
Are attending religious services or are receiving religious instruction
Are attending an approved or probationally approved private college preparatory school
Are receiving competent private instruction from a parent, guardian, or legal custodian

It is the responsibility of the parent of a child to provide evidence of the child’s mental and physical inability to attend school or of the child’s qualifications for one of the exceptions listed above.

Legal Reference: Iowa Code Chapter 259A, 299B, §§ 279.10-.11, 299.1 (1991)
281 Iowa Admin. Code 31
1978 Op. Att’y Gen. 378

Cross Reference: 501.9 Student Absences – Excused
501.10 Student Absences – Unexcused
601.1 School Calendar
604.1 Equivalent Instruction

Approved: 4-13-92
Reviewed: 2-12-24
Revised: 8-12-02

dawn.gibson.cm… Thu, 06/20/2024 - 08:14

501.04 - Entrance - Admissions

Children in the school district community will be allowed to enroll in the school district’s regular educational program beginning at age five (5). The child must be age five (5) on or prior to September 15^th to participate in the school district’s kindergarten program. The child must be age six (6) on or prior to September 15^th to begin the first grade of the educational program. The board may exclude a child under six (6).

The board shall require evidence of age in the form of a birth certificate or other evidence of the student’s age before the student may enroll in the school district’s educational program. It shall be within the discretion of the administration to determine what satisfactory evidence for proof of age.

Prior to enrollment, the parent must provide the administration with their child’s health and immunization certificate. Failure to provide this information within the time period set by the administration may be reason for admission being denied.

Legal Reference: Iowa Code Chapter 281, §§282.1, .3, .6 (1991)
1980 Op. Att’y Gen 258

Cross Reference: 501 Student Attendance
603.3 Special Education

Approved: 4-13-92
Reviewed: 10-08-18
Revised: 2-14-96, 8-12-02

dawn.gibson.cm… Thu, 06/20/2024 - 08:15

501.05 - Student Transfers In

Students who transfer into the school district must meet the requirements set out for students who initially enroll in the school district as to immunizations and age.

The student must provide the district with proof of grade level and a copy of the student’s permanent records from the student’s prior school district. If the student cannot offer proof of grade level, the administration will make the grade level determination. The administration may require testing or other information to determine the grade level.

The board may deny admission if the student is not willing to provide the board with the required information.

Legal Reference: Iowa Code §§139.9, 282.1, .3 (1991)
470 Iowa Admin. Code 7
281 Iowa Admin. Code 11.4 (13)

Cross Reference: 501 Student Attendance
507 Student Health and Well-Being

Approved: 4-13-92
Reviewed: 10-08-18
Revised: 2-14-96, 10-9-06

dawn.gibson.cm… Thu, 06/20/2024 - 08:16

501.06 - Student Transfers Out or Withdrawals

If the student’s parents wish to withdraw or transfer the student from school prior to completing and graduating from the educational program, they shall notify the administration in writing as soon as possible of the decision to withdraw or transfer the student from the educational program. The pupil should present this written notice at the office and receive instructions regarding the return of textbooks, library books, locker equipment, hot lunch tickets, etc. No clearance slip will be issued or refunds made until all fees or fines have been paid.

The parent’s notice shall state the student’s final day of attendance. If the student is not enrolling in another school district, the school district shall maintain the student’s records in the same manner as the records of students who have graduated from the school district.

If the student wishes to have the student’s cumulative record sent to the new school district, the student or the parents shall notify the administration. This notice shall include the name of the school district and the person at the new school district to whom the student’s cumulative records should be sent.

The means of transferring student’s cumulative record will be the decision of the local school district.

Legal Reference: Iowa Code §§274.1, 299.1 (1991)
281 Iowa Admin. Code 11.3 (10) – (11)

Cross Reference: 501 Student Attendance
506 Student Records

Approved: 4-13-92
Reviewed: 10-08-18
Revised: 8-12-02

dawn.gibson.cm… Thu, 06/20/2024 - 08:18

501.07 - Student Attendance Records

As part of the school district records of students, the daily attendance of each student shall be recorded and maintained on file with the permanent records of the board secretary.

It shall be the responsibility of the principals to ensure that such reports are filed with the board secretary, the custodian of school records.

Legal Reference: Iowa Code §§294.4 (1991)
281 Iowa Admin. Code 12.2 (4)

Cross Reference: 501 Student Attendance
506 Student Records

Approved: 4-13-92
Reviewed: 10-08-18
Revised:

dawn.gibson.cm… Thu, 06/20/2024 - 08:19

501.08 - Student Absences - Excused

Regular attendance on the part of each student is encouraged. It is imperative that teachers let students know they care for them and want them in attendance every day. Regular attendance is essential for students to obtain the maximum opportunities from the educational program. Parents and students alike are encouraged to make sure that any absence from school is a necessary absence. Students shall attend school unless excused by the principal.

Student absences approved by the administration shall be excused absences. Excused absences are absences which cannot be avoided. These absences include, but are not limited to: illness, family emergencies, authorized religious holidays, school-sponsored or approved activities, and medical and dental appointments.

Students whose absences are approved shall have an opportunity to make up, if possible, work missed and receive full credit for the missed school work. It shall be the responsibility of the student to initiate a procedure with the student’s teacher to complete the work missed.

Students who wish to participate in school-sponsored activities must attend school the entire day the equivalent of six class periods of the activity unless permission has been given by the principal for the student to be absent.

It shall be the responsibility of the parent to notify the student’s attendance center as soon as the parent knows the student will not be attending school on that day. The administration may request evidence or written verification of the student’s reason for absence.

It shall be the responsibility of the administration to develop administrative regulations regarding this policy.

Legal Reference: Iowa Code §§294.4 (1991)
281 Iowa Admin. Code 12.2 (4)

Cross Reference: 501 Student Attendance
503 Student Discipline
504 Student Activities
506 Student Records
501.9R Student Attendance – Administrative Regulation

Approved: 4-13-92
Reviewed: 10-08-18
Revised: 2-14-96, 11-8-99

dawn.gibson.cm… Thu, 06/20/2024 - 08:20

501.08R - Student Attendance - Administrative Regulations

Philosophy

Students will be expected to attend classes regularly and to be on time in order to receive maximum benefit from the instructional program, to develop habits of punctuality, self-discipline and responsibility, and to assist in keeping disruption of the educational environment to a minimum. While it is possible for an absent student to make up much of the school work missed, it is impossible to completely compensate for absence from classes.

Absences always cause some disruption in the educational progress of the student who was absent. In order to maintain interest and understanding in a program of instruction, students should not expect to be absent more than is absolutely necessary. Students who fail to make up work missed may not understand what the teacher is currently presenting, and may also become discouraged with the double burden of keeping current and making up missed work. Irregular attendance or tardiness by students not only retards their own studies, but also interferes with the progress of those pupils who are regular and prompt in attendance.

Students who have good attendance records are most likely to achieve higher grades, enjoy school life to a greater degree, and have more employment opportunities after leaving school. Prospective employers expect promptness and regular attendance from employees and are reluctant to hire persons who have not established good habits of responsibility and self-discipline. Life-long patterns of responsibility and self-discipline of regular attendance and promptness are fostered by attention given them during the years of school attendance.

There are times, however, when school officials may determine that the problem associated with absence form school are outweighed by the advantages of an activity in which the student participates and they may endorse or sponsor an activity or tip. Attendance at such approved trips and activities will not be considered an absence from school.

Tardiness

2. Tardies may be excused upon the same reasonable grounds as those considered for absences. Two (2) unexcused tardies constituting one half day absence shall be considered on unexcused absence.

Absences

2. Absences from school will be considered excused but not limited to the following examples:
  1. Personal Illness
  2. Death or serious illness in the immediate family or household
  3. Funerals
  4. Medical or dental appointments which cannot be made other than during school time
  5. Vacations – Whenever possible, family vacations should be planned over Christmas vacation or during Spring break.
  6. Work for parents/guardian
  7. Religious holidays and activities
  8. Court appearances
  9. Hunting trip with a parent (maximum 2 days/yr.)
  10. Other reasons which can be justified from an educational standpoint may approved in advance by the principal
3. Absences from school will be considered excused but not limited to the following examples:Absences from school for the following reasons will generally be treated as unexcused absences:
  1. Working for someone other than parent/guardian
  2. Shopping
  3. Hair appointments
  4. Over-sleeping
  5. Missing the bus
  6. Car trouble
  7. Truancy
  8. Leaving school without permission
  9. Failure to verify an absence within the one day limit
4. Reasons for absence from school which can be justified from an educational standpoint may be approved by the principal. Permission for such absences should be obtained in advance of the absence from school. Failure to obtain prior permission may result in the absence being considered unexcused. The principal should document the reasons for excusing or refusing to excuse such absences.
5. School work missed due to any absence must be completed to the satisfaction of each teacher whose class or classes were missed.
  1. When students can anticipate absences, every effort should be made to see that school work is made up in advance of the absence. The principal may determine that the completion of school work in advance be a prerequisite to allowing the absence to be excused.

IV When a student is absent form school, the following is the policy for excused make-up

Students will be allowed two (2) days to make up work for credit for each day missed, but may be expected to complete work in a shorter period in the case of a lengthy absence. If a student is absent on a day which a previously assigned test is given, he/she should be prepared to take the test on the day he/she returns.
Five (5) school days to make up incomplete work at the end of the first semester or following each quarter.
All second semester class work must be completed by the last day of school or unless other arrangements are made with the administration and teachers.
Students shall receive full credit for school work made up due to absences.
Students who anticipate an absence, especially when the absences must have the principal’s prior approval, shall give timely notice to the school office in advance of the anticipated absence. When time permits, notification shall be in writing and signed by the student and the parents or guardian or the student. Failure to notify the school in advance may result in the absence being considered as unexcused.
All students who were absent from school for any reason shall submit in written form the specific reasons for their absence, the specific days or times they were absent, verification by the doctor or dentist, if appropriate, and the signature of the student and a parent or guardian.
Parents and guardians should be encouraged to phone the school regarding a student’s absence on the day of the absence.

Only when a student of majority age (18 year or older, or married) is not residing with the student’s parents or guardian, may the student present his or her own excuse for absence without parental verification. The principal should be notified in advance of any such circumstance.
In the event that the principal determines that it is advisable to verify an excuse given for an absence, the principal may take appropriate steps to do so. When it is determined that an excuse is forged or misrepresents the facts, the principal may treat those instances of absence as unexcused.

V Unexcused Absences

1. Students who are absent from school or class without reasonable excuse shall be subject to disciplinary measures. Reasonable excuses are those which are acceptable reasons as provided in Section IV of these rules. All other absences from school shall be considered unexcused absences.
1. 1. 1. Each day or portion of a day of an unexcused absence from school or class shall be considered a separate violation of these rules
    2. Students who are found to be absent without reasonable excuse may be subjected to one or more of the following disciplinary measures:
1. 1. 1. 1. Probation
        
        After-School detention
        
        In-school suspension
        
        Removal of school privileges
        
        Short-term suspension from school
        
        Long-term suspension from school

VI. Reduction of Grades Prohibited

Reduction of grades shall not be used as a disciplinary measure against a student because of an absence from school.

dawn.gibson.cm… Thu, 06/20/2024 - 08:22

501.09 - Student Absences - Unexcused

Regular attendance by the students at school is essential for students to obtain the maximum opportunities from the educational program. Parents and students alike are encouraged to make sure that any absence from school is a necessary absence. Students shall attend school unless excused by the principal.

Absences, including tardiness, which are not approved by the administration, shall be unexcused absences. Unexcused absences are absences that could have been avoided. These absences shall include, the absences in code 501.8R, Section IV,III B. Unexcused absences will not be tolerated by the board.

Students are subject to disciplinary action for unexcused absences. It shall be within the discretion of the principal to investigate and determine whether disciplinary or special action is necessary for students who are absent repeatedly. It shall be within the discretion of the principal to determine “absentee repeatedly” on a case-by-case basis.

A student absent without the administration or the parent’s permission are considered truant. To be truant means the student willfully failed to attend school regularly even though the student is required to attend. Truant students may be reported to the local law enforcement officers.

It shall be the responsibility of the administration to develop administrative regulations regarding this policy. The administrative regulations shall indicate the disciplinary action to be taken for the unexcused absence or absences.

Legal Reference: Iowa code §§294.4 (1991)
281 Iowa Admin. Code 12.2 (4)

Cross Reference: 501 Student Attendance
503 Student Discipline
504 Student Activities
506 Student Records
501.8R Student Attendance – Administrative Regulations

Approved: 4-13-92
Reviewed: 10-08-18
Revised: 11-8-99, 8-12-02

dawn.gibson.cm… Thu, 06/20/2024 - 08:40

501.10 - Student Release During School Hours

Students will be allowed to leave the school facilities during school hours only with prior authorization from their parents, unless the parent appears personally at the student’s attendance center to arrange for the release of the student during school hours, or with the permission of the principal.

Approved reasons for release of a student during the school day shall include, but not be limited to, illness, family emergencies, medical appointments, religious instruction, classes outside the student’s attendance center, employment for which the student has been issued a work permit, and other reasons determined by the principal.

It shall be the responsibility of the administration to develop administrative regulations regarding this policy.

Legal Reference: Iowa Code §§294.4 (1991)
281 Iowa Admin. Code 12.2 (4)

Cross Reference: 501 Student Attendance
503 Student Discipline
504 Student Activities
506 Student Records

Approved: 4-13-92
Reviewed: 10-08-18
Revised: 2-17-96, 11-08-99

dawn.gibson.cm… Thu, 06/20/2024 - 08:42

501.14 - Open Enrollment Transfers - Procedures as a Sending District

The school district will participate in open enrollment as a sending district. As a sending district, the board will allow resident students who meet the requirements to open enroll to another public school district.

Parents requesting open enrollment out of the school district for their student shall fill out an open enrollment application notifying the receiving school district no later than March 1 in the school year preceding the first year desired for open enrollment. The notice shall be made on forms provided by the Department of Education. The forms are available at the central administration office.

Parents of children who will begin kindergarten in the school district are exempt from the open enrollment March 1 deadline. Parents of children who will begin kindergarten will file in the same matters set forth above by September 1. Parents who have good cause as defined by law for failing to meet the March 1 deadline may make an open enrollment request by September 1 unless another deadline appears.

The receiving district will approve open enrollment requests according to the timelines established by law. The parents may withdraw the open enrollment request prior to the start of the school year. The receiving district’s superintendent will notify the parents and sending school district by mail within five days of the school district’s action to approve or deny the open enrollment request.

An open enrollment request out of the school district from parents of a special education student is reviewed on a case-by-case basis. The determining factor for approval of such an open enrollment request will be whether the special education program available in the receiving district is appropriate for the student’s needs. The area education agency director of special education serving the receiving district will determine whether the program is appropriate. The special education student will remain in the school district until the final determination is made.

It is the responsibility of the superintendent to maintain open enrollment request applications and notice forms. It will also be the responsibility of the superintendent to develop appropriate office procedures and administrative regulations necessary for open enrollment requests.

Approved: 12-13-99
Reviewed: 10-08-18
Revised: 12-9-96, 8-12-00

dawn.gibson.cm… Thu, 06/20/2024 - 08:44

501.15 - Open Enrollment Transfers - Procedures as a Receiving District

The board shall take action on the open enrollment request to the school district as an alternative receiving district within fifteen days of receipt of the open enrollment request. The superintendent shall notify the parents of the board’s action to approve or deny the open enrollment request at the next regular meeting of the board.

Open enrollment requests into the school district as an alternative receiving district shall be considered by the board in the same manner as open enrollment requests into the school district as a receiving district.

Approved open enrollment requests into the school district as an alternative receiving district shall be effective the following semester or at the beginning of the next school year. It shall be within the discretion of the board to make the open enrollment request into the school district as an alternative receiving district effective immediately based upon the circumstances of the open enrollment request and with the mutual agreement of the board of the school district the student is attending. The superintendent shall notify the parents of the effective date of the open enrollment into the school district as an alternative receiving district within fifteen days of the mutual agreement.

Attendance center assignments, athletic eligibility and transportation of students open enrolling into the school district as an alternative receiving school district shall be handled in the same manner as students open enrolled into the school district as a receiving district.

An open enrollment request into the school district from parents of a special education student shall be reviewed on a case-by-case basis. The determining factors for approval of such an open enrollment request will be whether the special education program available in the school district is appropriate for student’s needs and whether the enrollment of the special education student will cause the class size to exceed the maximum allowed. The area education agency director of special education serving the school district shall determine whether the program is appropriate. The special education student shall remain in the sending district until the final determination is made.

The policies of the school district shall apply to students attending the school district under open enrollment.

It shall be the responsibility of the superintendent to develop appropriate office procedures and administrative regulations necessary for open enrollment requests.

Open enrollment requests into the school district that, if denied, would result in students from the same nuclear family being enrolled in different school district, will be given highest priority. The board, in its discretion, may waive the insufficient classroom space reason for denial for students of the same nuclear family to prevent the division of a nuclear family between two school districts. Other open enrollment requests into the school district shall be considered in the order received by the school district with the first open enrollment request given higher priority than the second open enrollment request and so forth.

Generally, students in grades ten through twelve open enrolling into the school district shall not be eligible for participation in interscholastic athletics during the first ninety days of open enrollment into the school district. Such students may be eligible to participate if:

School district and sending district participate jointly in the sport
The sport in which the pupil wishes to participate is not offered in the sending district
The sending district was dissolved and merged with one or more contiguous school districts for failure to meet accreditation standards
The student is open enrolling because the sending district has entered into a whole grade sharing agreement with another school district for the student’s grade
The student’s parent is an active member of the armed forces and resides in permanent housing on government property by a branch of the armed services
The student paid tuition for one or more years to the school district prior to open enrolling into the school district
The student attended the school district under a sharing or mutual agreement between the school district and the sending district for one or more years prior to open enrolling into the school district.

Parents of students whose open enrollment requests are approved by the (superintendent) shall be responsible for providing transportation to and from the receiving school district without reimbursement. The board will not approve transportation into the sending district.

Legal Reference: Iowa Code 139.9; 274.1; 279.11; 282.1, .3, .8, .18; 299.1 (1995)
281 I.A.C. 17.
1990 Op. Att’y Gen. 75

Cross Reference: 501.6 Student Transfers In
   501.7 Student Transfers Out or Withdrawals
                               501.14 Open Enrollments Transfers – Procedures as a Sending District
                             506 Student Records
                               507 Student Health and Well-Being
                               606.6 Insufficient Classroom Space

Approved: 10-8-18
Reviewed: 10-8-18
Revised:

dawn.gibson.cm… Thu, 06/20/2024 - 08:45

501.16 - Approval of Open Enrollment Transfers

Request to transfer into the district under the Open Enrollment Act of 1989 shall be acted on by the board no later than March 1^st of the preceding school year. The superintendent, within fifteen (15) days of board action on a request, shall notify the parent or guardian as to whether the child will be enrolled in the district or the request will be denied. Open Enrollment requests filed after March 1^st must be acted upon by the receiving district within 30 days. Open Enrollment requests filed in a timely manner must be acted upon by the receiving district by March 1^st. When the district is functioning in the role of an alternative receiving district, notice of board action to deny the request will be provided to the individuals making the request and the district filing the transfer, and notice of board action to approve the request will be provided to the individuals making the request, to the district filing the transfer, and to the resident district of the student.

When deciding whether to approve a request to transfer, the board shall consider the following:

If a child, for which a request to transfer has been filed with a district, has been expelled in the district and has been denied reinstatement in that district, the board may refuse the request to transfer until the child has been reinstated in the sending district.
The board may refuse a request to transfer if insufficient classroom space exists.

Once the request has been approved by the board, the student named in the request will be considered to be enrolled in the district, and will be committed to attend in the district for the term stated in the enrollment transfer form. As with all students enrolled in the district, the board has the authority to determine which school attendance center shall be attended by a student enrolled under the Open Enrollment Act of 1989.

Legal Reference: Iowa Code §§139.9; 274.1; 279.11; 282.1, .3, .8, .18; 299.1 (1991)
470 Iowa Admin Code 7
281 Iowa Admin Code 11.3(10)-(11), 11.4(13)

Cross Reference: 501.5 Student Transfers In
501.6 Student Transfers Out and Withdrawals
                             506 Student Records
                               507 Student Health and Well-Being
                               501.14 Open Enrollment Transfers – Sending District
                               501.15 Open Enrollment Transfers - Receiving District
                               606.9 Insufficient Classroom Space

Approved: 4-13-92
Reviewed: 10-08-18
Revised: 8-12-02, 10-12-15

dawn.gibson.cm… Thu, 06/20/2024 - 08:47

501.17 - Homeless Children and Youth

The board will make reasonable efforts to identify homeless children and youth of school age within the district, encourage their enrollment and eliminate existing barriers to their receiving an education which may exist in district policies or practices. The designated coordinator for identification of homeless children and for tracking and monitoring programs and activities for these children is Guidance Counselor.

A homeless child is defined as a child or youth between the ages of 5 and 21 who lacks a fixed, regular and adequate nighttime residence and includes a child or youth who is living on the street, in a car, tent or abandoned building or some other form of shelter not designed as a permanent home; who is living in a community shelter facility; or who is living with non-nuclear family members or with friends, who may or may not have legal guardianship over the child or youth of school age.

So that enrollment of homeless children and youth of school age may be facilitated, the following policy areas are modified as follows:

School Records: For students transferring out of the district, records may be provided directly to the student or the student’s parents. In addition, students transferring into the school district may provide cumulative records directly to the district. The school district will not require that such records be forwarded from another school district before that student may enroll. The school will then request the official records from the previous school.

Immunization Requirement: Homeless students will not be denied enrollment for lack of immunization records if:

They have a statement signed by a physician stating that immunization would be injurious to the student
They provide an affidavit stating such immunization would conflict with their religious beliefs
They are in the process of being immunized
They are a transfer student from another school

The school district will make a reasonable effort to locate immunization records from the information provided or will arrange for the student to receive immunizations.

Waiver of Fees and Charges: Fees and charges which may present a barrier to the enrollment or transfer of a homeless child or youth may be waived in the discretion of the superintendent.

Enrollment Requirements/Placement: Enrollment requirements which may constitute a barrier to the education of the homeless child or youth may be waived in the discretion of the superintendent. If the school district is unable to determine the grade level of the student because of missing or incomplete records, the school district will administer tests or utilize other reasonable means to determine the appropriate grade level for the child.

Residency: For purposes of a homeless child or youth, residence for the purpose of attending school is where the child actually resides for the purpose of attending school is where the child actually resides or the child’s school district of origin. A child’s school district of origin is the school district where the child was last enrolled. The deciding factor is the welfare of the child. As much as possible, the child will not be required to change attendance centers within the school district every time the child changes residence unless that change results in the child no longer being classified as homeless.

Transportation: Policies or practices regarding transportation of students which might cause a barrier to the attendance of a homeless child or youth may be waived by the superintendent.

Special Services: All services which are available to resident students are made available to homeless children or youths enrolled in the school district. Services include special education, talented and gifted programs, vocational education, English as a second language programs, health services and food and nutrition programs.

The contents of this policy will supersede any and all conflicting provisions in board policies dealing with the seven policy areas discussed above.

Legal Reference: No Child Left Behind, Title X, Sec. 722, P.L. 107-110 (2002)
42 U.S.C. §§11431 et seq. (1994)

Cross Reference: 281        I.A.C. 33
                               501       Student Attendance
                               503.3 Fines-Fees-Charges
506        Student Records
                               507.1    Student Health and Immunization Certificates
                               603.3    Special Education
                               711.1    Student School Transportation Eligibility

Approved: 2-10-03
Reviewed: 10-08-18
Revised:

dawn.gibson.cm… Thu, 06/20/2024 - 08:50

502 - Student Rights and Responsibilities

502 - Student Rights and Responsibilities dawn.gibson.cm… Thu, 06/20/2024 - 08:52

502.01 - Student Appearance

The board believes that inappropriate student appearance cause material and substantial disruption to the school environment or present a threat to the health and safety of students, personnel, and visitors on the school premises.

The board expects students to be clean and well groomed and wear clothes in good repair and appropriate for the time, place, and purpose intended. Clothing or other apparel promoting products illegal for use by minors; clothing displaying obscene material, profanity, or reference to subversion; and hats are disallowed. While the primary responsibility for appearance lies with the students and their parents, appearance disruptive to the educational program will not be tolerated.

It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

Legal Reference:  Hazelwood School District v Kuhlmeier, 108 S.Ct. 562 (1988).
          Bethal School District v Fraser, 106 SCt. 3159 (1986).
          Bystrom v Fridley High School, Ind. Schl. Dist. #14, 882 F.2d 747 (8^th Cir. 1987)
      Iowa Code §279.8 (1991).

Cross Reference: 502 Student Rights and Responsibilities

Approved: 4-13-92
Reviewed: 11-12-18
Revised:

dawn.gibson.cm… Thu, 06/20/2024 - 08:52

502.02 - Care of School Property/Vandalism

Students shall treat school district property with care and with the respect they would treat their own property. Students found to have destroyed or otherwise harmed school property may be required to reimburse the school district. They may be subject to discipline under board policy and the school district rules and regulations. They may also be turned over to local law enforcement authorities.

It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative rules regarding this policy.

Legal Reference: Iowa Code §§279.8, 282.4, .5, 613.16 (1991).

Cross Reference: 502 Student Rights and Responsibilities

Approved: 4-13-92
Reviewed: 11-12-18
Revised:

dawn.gibson.cm… Thu, 06/20/2024 - 08:54

502.03 - Use of Bicycles

Riding a bicycle to and parking it at the student’s attendance center is a privilege. Students who fail to follow the regulations set by the principal of their attendance center or the school district will be subject to withdrawal of their privilege to ride a bicycle to their attendance center and may also be subject to other disciplinary action.

It shall be the responsibility of the principal to develop and enforce administrative rules for students riding bicycles to and parking them at their attendance center.

Legal Reference: Iowa Code §279.8 (1991).

Cross Reference: 502 Student Rights and Responsibilities

Approved: 4-13-92
Reviewed: 11-12-18
Revised:

dawn.gibson.cm… Thu, 06/20/2024 - 08:55

502.04 - Use of Motor Vehicles

The board recognizes the convenience to families and students of having students drive to and park at their school attendance center. Driving a motor vehicle to and parking it at the student’s attendance center is a privilege.

Students who drive to and park at their school attendance center shall only drive to and park at their designated attendance center. Students may not loiter around or be in their vehicle nor leave the school grounds in their vehicle during the school day without permission from the principal.

Students who wish to drive to and park at their school attendance center shall comply with the rules and regulations established by the principal of their attendance center or by the school district. Failure to comply with this policy or the school district rules shall be reason for revocation of school driving and parking privileges as well as other disciplinary action.

Legal Reference: Iowa Code §279.8, Chapter 321 (1991).

Cross Reference: 502 Student Rights and Responsibilities

Approved: 4-13-92
Reviewed: 11-12-18
Revised:

dawn.gibson.cm… Thu, 06/20/2024 - 08:56

502.05 - Freedom of Expression

Student expression made on the school premises or as part of a school-sponsored activity may be attributed to the school, therefore student expression must be responsible. Student expression must be appropriate to assure that the students learn and meet the goals of the school activity and that the potential audience is not exposed to material that may be inappropriate for their level of maturity.

Students will be allowed to express their viewpoints and opinions as long as the expression is responsibly done. The expression shall not, in the judgment of the administration, encourage the breaking of laws, cause defamation of persons, or contain obscenity or indecency. The administration, when making this judgment, shall consider whether the activity in which the expression was made is school-sponsored and whether review or the prohibition of the student speech is related to an educational purpose.

Further, the expression must be done in a reasonable time, place and manner that is not disruptive to the educational program of the school district.

Students who violate this policy may be subject to disciplinary measures. School district personnel shall be responsible for insuring students expression is in keeping with this policy. It shall be the responsibility of the superintendent to develop administrative regulations regarding this policy.

Legal Reference: U.S. Const. Amend. I.
                Bethal School District v Fraser, 106 S.Ct. 3159 (1986).
                New Jersey v T.L.O., 469 U.S. 325, 105 S.Ct. 733 (1985).
                  Tinker v Des Moines Independent Community School District, 393 U.S. 503 (1969).
                Iowa Code §§279.8, 282.3 (1991).

Cross Reference: 502 Student Rights and Responsibilities
603.9 Academic Freedom

Approved: 4-13-92
Reviewed: 11-12-18
Revised:

dawn.gibson.cm… Thu, 06/20/2024 - 08:57

502.06 - Student Complaints and Grievances

Student complaints and grievances regarding board policy or administrative regulation violations and other matters should be addressed to the student’s teacher or other member of the licensed personnel, other than administration, for resolution of the complaint. It is the goal of the board to resolve student complaints at the lowest administrative level.

If the complaint cannot be resolved by the teacher, the student may discuss the matter with the principal within five (5) days. If the matter cannot be resolved by the principal, the student may discuss it with the superintendent within ten (10) days after speaking with the principal.

If the matter is not satisfactorily resolved by the superintendent, the student may ask to have the matter placed on the board agenda of a regularly scheduled board meeting.

Legal Reference: Iowa Code §279.8 (1991).

Cross Reference: 214.1 Meeting Agenda
502 Student Rights and Responsibilities

Approved: 4-13-92
Reviewed: 11-12-18
Revised:

dawn.gibson.cm… Thu, 06/20/2024 - 08:58

502.07 - Student Lockers

Student lockers are the property of the school district. Students shall use the lockers assigned to them by the school district for storing their school materials and personal belongings necessary for attendance at school. It shall be the responsibility of each student to keep the locker assigned to them clean and undamaged.

To ensure students are properly maintaining their assigned locker, the principal of the building may inspect the lockers from time to time. Student lockers may also be searched in compliance with board policy regulating search and seizure.

Legal Reference: Iowa Code §§279.8, 280.14, 808A (1991).
281 Iowa Admin. Code 21.8

Cross Reference: 502 Student Rights and Responsibilities
502.10 Search and Seizures

Approved: 4-13-92
Reviewed: 11-12-18
Revised: 2-14-96

dawn.gibson.cm… Thu, 06/20/2024 - 09:00

502.08 - Dangerous Weapons

As per Chapter 702.7 of the Code of Iowa…A “dangerous weapon” is any instrument or device designed primarily for use in inflicting death or injury upon a human being or animal, and which is capable of inflicting death or injury upon a human being or animal, and which is capable of inflicting death upon a human being when used in a manner for which it was designed. Additionally, any instrument or device of any sort whatsoever which is actually used in such a manner as to indicate that the defendant intends to inflict death or serious injury upon the other, and which, when so used, is capable of inflicting death upon a human being, is a dangerous weapon. Dangerous weapons include, but are not limited to, any offensive weapon, pistol, revolver, or other firearm, dagger, razor, stiletto, switchblade knife, or knife having a blade exceeding five inches in length.

School buildings are not an appropriate place for dangerous weapons of any kind. Dangerous weapons shall be taken from students and others who bring dangerous weapons onto the school property.

The board believes that dangerous weapons on school grounds cause material and substantial disruption to the school environment or present a threat to the health and safety of students, personnel, and visitors on the school premises.

Parents of students found to possess a dangerous weapon on school property shall be notified of the incident. Confiscation of weapons may be reported to the police. Further, the student will be subject to disciplinary action.

Weapons under the control of law enforcement personnel shall be exempt from this policy. The principal may allow authorized persons to display dangerous weapons for educational purposes. Such a display shall also be exempt from this policy.

It shall be the responsibility of the administration, in conjunction with the principal, to develop administrative regulations regarding this policy.

Legal Reference: McClain v Lafayette County Bd. Of Ed., 673 F.2d 106 (1982).
Iowa Code §279.8 (1991).

Cross Reference: 502     Student Rights and Responsibilities
               503     Student Discipline
               507     Student Health and Well-Being
               702.7 Definitions

Approved: 4-13-92
Reviewed: 11-12-18
Revised: 2-14-96

dawn.gibson.cm… Thu, 06/20/2024 - 09:01

502.09 - Smoking - Drinking - Drugs

The board prohibits the use of tobacco and prohibits the possession, the use, or being under the influence of beer or alcohol, other controlled substances, or “look alike” substances that appear to be tobacco, beer or alcohol or controlled substances by students on school property or at any activities sponsored by the school, on or off school property.

The board believes that such illegal, unauthorized or contraband materials generally cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees, or visitors on the school premises.

Violation of this policy by students will result in disciplinary action including possible suspension. Possession of beer or alcohol, for those under legal age, and/or of a controlled substance may be reported to the local law enforcement authorities.

It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

Legal Reference: Iowa Code §§204, 279.8, .9 (1991).
281 Iowa Admin. Code 12.3(9), 12.5(3)(e), 12.5(4)(e), 12.5(5)(e).

Cross Reference: 502     Student Rights and Responsibilities
                503     Student Discipline
                507     Student Health and Well-Being

Approved: 4-13-92
Reviewed: 11-12-18
Revised:

dawn.gibson.cm… Thu, 06/20/2024 - 09:02

502.10 - Search and Seizure

School property is held in public trust by the board. School authorities may, without a search warrant, search a student, student lockers, desks, work areas, or student automobiles based on a reasonable suspicion under the circumstances and in a manner reasonable in scope to maintain order and discipline in the schools, promote the educational environment, and protect the safety and welfare of students and school personnel.

School authorities may seize any illegal, unauthorized or contraband materials discovered in the search. Items of contraband may include but are not limited to nonprescription controlled substances, such as marijuana, cocaine, amphetamines, barbiturates, apparatus used for the administration of controlled substances, alcoholic beverages, tobacco, weapons, explosives, poisons and stolen property. Such items are not to be possessed by a student anywhere on the school premises or on property under the jurisdiction of the school district. Possession of such items will be grounds for disciplinary action and may be grounds for reporting to local law enforcement.

It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

Legal Reference: U.S. Const. Amend. IV.
New Jersey v T.L.O., 469 U.S. 325, 105 S.Ct. 733 (1985).
Shy Cason v Connie Cook, Federal District Court for the 8^th Circuit, No. 85-2393 (Iowa, January 28, 1987).
Iowa Code Chapter 808A (1989).

Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline

Approved: 4-13-92
Reviewed: 11-12-18
Revised:

dawn.gibson.cm… Thu, 06/20/2024 - 09:03

502.11 - Interrogation of Students by Outside Agencies

Generally, students may not be interrogated during the school day by persons other than parents and school district officials and personnel.

Requests from law enforcement officers and those other than parents, school district officials, and personnel to interrogate students shall be made through the principal’s office. Upon receiving a request, it shall be the responsibility of the principal to determine whether the request will be granted. In making this determination, the principal shall consider the welfare of the student and directives to the principal from the courts. Prior to granting a request, the principal shall attempt to contact the parents to inform them of the request and to ask them to be present.

If a child abuse investigator wishes to interrogate a student, the principal will defer to the investigator’s judgment as to whether the student should be interrogated independently from the student’s parents, whether the school is the most appropriate setting for the interview, and who will be present during the interview.

Students shall not be taken from school without the consent of the principal and without proper warrant.

It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

Legal Reference: Iowa Code Chapter 232 (1991).

Cross Reference: 502.10 Search and Seizure
503 Student Discipline

Approved: 4-13-92
Reviewed: 11-12-18
Revised:

dawn.gibson.cm… Thu, 06/20/2024 - 09:05

502.13 - Student to Student Harassment

Harassment of students by other students will not be tolerated in the school district. This policy is in effect while students are on school grounds, school district property, or on property within the jurisdiction of the school district; while on school-owned and/or school-operated buses, vehicles or chartered buses; while attending or engaged in school activities; and while away from school grounds if the misconduct directly affects the good order, efficient management and welfare of the school district.

Harassment prohibited by the district includes, but is not limited to, harassment on the basis of race, sex, creed, color, age, national origin, religion, marital status, sexual orientation, socioeconomic status, gender identity, or disability. Students whose behavior is found to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, suspension and expulsion.

Sexual harassment means unwelcome sexual advances, requests for sexual favor and other verbal or physical conduct of a sexual nature when:

submission to such conduct is made either explicitly or implicitly a term or condition or a student’s education or of a student’s participation in school programs or activities;
submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student; or
such conduct has the purpose or effect of unreasonably interfering with a student’s performance or creating an intimidating or hostile learning environment.

Sexual harassment as set out above, may include, but is not limited to the following:

verbal or written harassment or abuse;
pressure for sexual activity;
repeated remarks to a person with sexual or demeaning implications
unwelcome touching;
suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one’s grades, achievements, etc.

Harassment on the basis of race, creed, color, religion, national origin, marital status or disability means conduct of a verbal or physical nature that is designed to embarrass, distress, agitate, disturb, or trouble students when:

submission to such conduct is made either explicitly or implicitly a term or condition of a student’s education or of a student’s participation in school programs or activities;
submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student; or
such conduct has the purpose or effect of unreasonably interfering with a student’s performance or creating an intimidating or hostile learning environment.

Harassment as set forth above may include, but is not limited to the following:

verbal, physical or written harassment or abuse;
repeated remarks of a demeaning nature;
implied or explicit threats concerning one’s grades, achievements, etc.;
demeaning jokes, stories, or activities directed at the student.

The district will promptly and reasonably investigate allegations of harassment. The building principal will be responsible for handling all complaints by students alleging harassment.

Retaliation against a student because the student has filed a harassment complaint or assisted or participated in a harassment investigation or proceeding is also prohibited. A student who is found to have retaliated against another in violation of this policy, will be subject to discipline up to and including suspension and expulsion.

It shall also be the responsibility of the superintendent, in conjunction with the investigator and principals, to develop administrative rules regarding this policy.

Legal References: 20 U.S.C. § § 1221-1234i (1988).
                             29 U.S.C. 794 (1988).
                            42 U.S.C. 2000d-2000d-7 (1988).
                            42 U.S.C. 12001 et. seq. (Supp. 1990).
                            Iowa Code 216.9, 280.3 (1993).

Cross Reference: Harassment
                            Student Rights and Responsibilities
                            Student Discipline
                            Student Records

Approved: 12-13-99
Reviewed: 11-12-18
Revised: 11-12-18

dawn.gibson.cm… Thu, 06/20/2024 - 09:06

502.13A-R1 - Student-To-Student Harassment

The investigator, with the approval of the principal, or the principal has the authority to initiate a harassment investigation in the absence of a written complaint.

INVESTIGATION PROCEDURE

The investigator shall reasonably and promptly commence the investigation upon receipt of the complaint. The investigator shall interview the complainant and the alleged harasser. The alleged harasser may file a written statement, refuting or explaining the behavior outlined in the complaint. The investigator may also interview witnesses as deemed appropriate.

Upon completion of the investigation, the investigator shall make written findings and conclusions as to each allegation of harassment and report the findings and conclusions to the principal. The investigator will outline the findings of the investigation to the principal.

RESOLUTION OF THE COMPLAINT

Following receipt of the investigator’s report, the principal may investigate further, if deemed necessary, and make a determination of the appropriate next step which may include discipline up to and including suspension and expulsion.

Prior to the determination of the appropriate remedial action, the principal may, at the principal’s discretion, interview the complainant and the alleged harasser. The principal shall file a written report closing the case and documenting any disciplinary action taken or any other action taken in response to the complaint. The complainant, the alleged harasser and the investigator shall receive notice as to the conclusion of the investigation.

POINTS TO REMEMBER IN THE INVESTIGATION

Evidence uncovered in the investigation is confidential.
Complaints must be taken seriously and investigated.
No retaliation will be taken against individuals involved in the investigation process.
Retaliators will be disciplined up to and including suspension and expulsion.

CONFLICTS

If the investigator is a witness to the incident, the alternate investigator shall be the investigator.

dawn.gibson.cm… Thu, 06/20/2024 - 09:10

502.13A-E1 - Harassment Complaint Form

Name of complainant: __________________________________________________________

Position of complainant: ________________________________________________________

Date of complaint: _____________________________________________________________

Name of alleged harasser: _______________________________________________________

Date and place of incident or incidents: ____________________________________________

_____________________________________________________________________________

Description of misconduct: ______________________________________________________

_____________________________________________________________________________

Name of witness (if any): _________________________________________________________

______________________________________________________________________________

Evidence of harassment, i.e., letter, photos, etc. (attach evidence if possible):________________

_______________________________________________________________________________

Any other information:____________________________________________________________

_______________________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge.

Signature_________________________________________________

Date_____________________________________________________

dawn.gibson.cm… Thu, 06/20/2024 - 09:11

502.13A-E2 - Witness Disclosure Form

Name of witness: _____________________________________________________________

Position of witness: ___________________________________________________________

Date of testimony, interview: ____________________________________________________

Description of instance witnessed: ________________________________________________

_____________________________________________________________________________

Any other information: _________________________________________________________

_____________________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge.

Signature ___________________________________________________

Date _______________________________________________________

dawn.gibson.cm… Thu, 06/20/2024 - 09:13

502.14 - Anti-Bullying/Harassment Policy

Harassment and bullying of students and employees are against federal, state and local policy, and are not tolerated by the board. The board is committed to providing all students with a safe and civil school environment in which all members of the school community are treated with dignity and respect. To that end, the board has in place policies, procedures, and practices that are designed to reduce and eliminate bullying and harassment as well as processes and procedures to deal with incidents of bullying and harassment. Bullying and harassment of students by students, school employees, and volunteers who have direct contact with students will not be tolerated in the school or school district.

The board prohibits harassment, bullying, hazing, or any other victimization, of students, based on any of the following actual or perceived traits or characteristics: age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status. Harassment against employees based upon race, color, creed, sex, sexual orientation, national origin, religion, age or disability is also prohibited.

This policy is in effect while students or employees are on property within the jurisdiction of the board; while on school-owned or school-operated vehicles; while attending or engaged in school-sponsored activities; and while away from school grounds if the misconduct directly affects the good order, efficient management and welfare of the school or school district.

If, after an investigation, a student is found to be in violation of this policy, the student shall be disciplined by appropriate measures up to, and including, suspension and expulsion. If after an investigation a school employee is found to be in violation of this policy, the employee shall be disciplined by appropriate measures up to, and including, termination. If after an investigation a school volunteer is found to be in violation of this policy, the volunteer shall be subject to appropriate measures up to, and including, exclusion from school grounds. “Volunteer” means an individual who has regular, significant contact with students.

Harassment and bullying mean any electronic, written, verbal, or physical act or conduct toward a student which is based on any actual or perceived trait or characteristic of the student and which creates an objectively hostile school environment that meets one or more of the following conditions:

• Places the student in reasonable fear of harm to the student’s person or property;

• Has a substantially detrimental effect on the student’s physical or mental health;

• Has the effect of substantially interfering with the student’s academic performance; or

• Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.

“Electronic” means any communication involving the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, electronic text messaging, or similar technologies

Harassment and bullying may include, but are not limited to, the following behaviors and circumstances:

• Verbal, nonverbal, physical or written harassment, bullying, hazing, or other victimization that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;

• Repeated remarks of a demeaning nature that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;

• Implied or explicit threats concerning one's grades, achievements, property, etc. that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;

• Demeaning jokes, stories, or activities directed at the student that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim; and/or

• Unreasonable interference with a student's performance or creation of an intimidating, offensive, or hostile learning environment.

Sexual harassment means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

• Submission to the conduct is made either implicitly or explicitly a term or condition of the student’s education or benefits;

• Submission to or rejection of the conduct by a school employee is used as the basis for academic decisions affecting that student; or

• The conduct has the purpose or effect of substantially interfering with the student’s academic performance by creating an intimidating, hostile, or offensive education environment.

In situations between students and school officials, faculty, staff, or volunteers who have direct contact with students, bullying and harassment may also include the following behaviors:

• Requiring that a student submit to bullying or harassment by another student, either explicitly or implicitly, as a term or condition of the targeted student’s education or participation in school programs or activities; and/or

• Requiring submission to or rejection of such conduct as a basis for decisions affecting the student.

Any person who promptly, reasonably, and in good faith reports an incident of bullying or harassment under this policy to a school official, shall be immune from civil or criminal liability relating to such report and to the person’s participation in any administrative, judicial, or other proceeding relating to the report. Individuals who knowingly file a false complaint may be subject to appropriate disciplinary action.

Retaliation against any person because the person has filed a bullying or harassment complaint or assisted or participated in a harassment investigation or proceeding is also prohibited. Individuals who knowingly file false harassment complaints and any person who gives false statements in an investigation shall be subject to discipline by appropriate measures, as shall any person who is found to have retaliated against another in violation of this policy. Any student found to have retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion. Any school employee found to have retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment. Any school volunteer found to have retaliated in violation of this policy shall be subject to measures up to, and including, exclusion from school grounds.

The school or school district will promptly and reasonably investigate allegations of bullying or harassment. The principal or designee will be responsible for handling all complaints by students alleging bullying or harassment. The principal or designee will be responsible for handling all complaints by employees alleging bullying or harassment.

It also is the responsibility of the superintendent, in conjunction with the investigator and principals, to develop procedures regarding this policy. The superintendent also is responsible for organizing training programs for students, school officials, faculty, staff, and volunteers who have direct contact with students. The training will include how to recognize harassment and what to do in case a student is harassed. It will also include proven effective harassment prevention strategies. The superintendent will also develop a process for evaluating the effectiveness of the policy in reducing bullying and harassment in the board. The superintendent shall report to the board on the progress of reducing bullying and harassment in the board.

The board will annually publish this policy. The policy may be publicized by the following means:

●Inclusion in the student handbook

●Inclusion in the employee handbook

●Inclusion in the registration materials

●Inclusion on the school or school district’s web site

●Inclusion in the August District Newsletter

and a copy shall be made to any person at the central administrative office at 300 Cedar Street, Bennett, Iowa.

Name of complainant: ____________________________________

Position of complainant: ___________________________________

Date of complaint: ___________________

Name of alleged harasser or bully: __________________________________________

Date and place of incident or incidents: ______________________________________

Description of misconduct:

Name of witnesses (if any): _____________________ ______________________

Evidence of harassment or bullying, i.e., letters, photos, etc. (attach evidence if possible):

Any other information:

I agree that all of the information on this form is accurate and true to the best of my knowledge.

Signature: _____________________________________________

Date: ________________________________________________

ANTI-BULLYING/HARASSMENT WITNESS DISCLOSURE FORM

Name of witness: _______________________________________

Position of witness: _____________________________________

Date of testimony, interview: _______________________________

Description of incident witnessed:

Any other information:

I agree that all of the information on this form is accurate and true to the best of my knowledge.

Signature: _____________________________________________

Date: _______________________

ANTI-BULLYING/HARASSMENT INVESTIGATION PROCEDURES

Individuals who feel that they have been harassed should:

• Communicate to the harasser that the individual expects the behavior to stop, if the individual is comfortable doing so. If the individual wants assistance communicating with the harasser, the individual should ask a teacher, counselor or principal to help.

• If the harassment does not stop, or the individual does not feel comfortable confronting the harasser, the individual should:

-- tell a teacher, counselor or principal; and

-- write down exactly what happened, keep a copy and give another copy to the teacher, counselor or principal including;

what, when and where it happened;
who was involved;
exactly what was said or what the harasser did;
witnesses to the harassment;
what the student said or did, either at the time or later;
how the student felt; and
how the harasser responded.

COMPLAINT PROCEDURE

An individual who believes that the individual has been harassed or bullied will notify the Superintendent, the designated investigator. The alternate investigator is the Principal. The investigator may request that the individual complete the Harassment/Bullying Complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures. The complainant shall be given a copy of the completed complaint form. Information received during the investigation is kept confidential to the extent possible.

The investigator, with the approval of the principal, or the principal has the authority to initiate an investigation in the absence of a written complaint.

INVESTIGATION PROCEDURE

The investigator will reasonably and promptly commence the investigation upon receipt of the complaint. The investigator will interview the complainant and the alleged harasser. The alleged harasser may file a written statement in response to the complaint. The investigator may also interview witnesses as deemed appropriate.

Upon completion of the investigation, the investigator will make written findings and conclusions as to each allegation of harassment and report the findings and conclusions to the principal. The investigator will provide a copy of the findings of the investigation to the principal.

RESOLUTION OF THE COMPLAINT

Following receipt of the investigator's report, the principal may investigate further, if deemed necessary, and make a determination of any appropriate additional steps, which may include discipline.

Prior to the determination of the appropriate remedial action, the principal may, at the principal's discretion, interview the complainant and the alleged harasser. The principal will file a written report closing the case and documenting any disciplinary action taken or any other action taken in response to the complaint. The complainant, the alleged harasser and the investigator will receive notice as to the conclusion of the investigation.

The principal will maintain a log of information necessary to comply with Iowa Department of Education reporting procedures.

POINTS TO REMEMBER IN THE INVESTIGATION

• Evidence uncovered in the investigation is confidential.

• Complaints must be taken seriously and investigated.

• No retaliation will be taken against individuals involved in the investigation process.

• Retaliators will be disciplined up to and including suspension and expulsion.

CONFLICTS

If the investigator is a witness to the incident, the alternate investigator shall investigate.

Approved: 9-17-07
Reviewed: 11-12-12
Revised:

dawn.gibson.cm… Thu, 06/20/2024 - 09:09

503 - Student Discipline

503 - Student Discipline dawn.gibson.cm… Thu, 06/20/2024 - 09:18

503.01 - Student Conduct

The board believes inappropriate student conduct causes material and substantial disruption to the school environment, interferes with the rights of others, or presents a threat to the health and safety of students, employees, and visitors on school premises. Appropriate classroom behavior allows teachers to communicate more effectively with students.

Students will conduct themselves in a manner fitting to their age level and maturity and with respect and consideration for the rights of others while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district. Consequences for the misconduct will be fair and developmentally appropriate in light of the circumstances.

Students who fail to abide by this policy and the administrative regulations supporting it may be disciplined for conduct which disrupts or interferes with the education program; conduct which disrupts the rights of other students to participate in or obtain their education; conduct that is violent or destructive; or conduct which interrupts the maintenance of a disciplined atmosphere. Disciplinary measures include, but are not limited to, removal from the classroom, detention, suspension, probation, and expulsion.

A student who commits an assault against an employee on school district property or on property within the jurisdiction of the school district; while on school-owned or school-operated chartered vehicles; while attending or engaged in school district activities will be suspended by the principal. Notice of the suspension is sent to the board president. The board will review the suspension to determine whether to impose further sanctions against the student which may include expulsion. Assault for purposes of this section of the policy defined as:

an act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; or
any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting or offensive, coupled with the apparent ability to execute the act; or
intentionally points any firearm toward another or displays in a threatening manner any dangerous weapon toward another.

The act is not an assault when the person doing any of the above and other person are voluntary participants in a sport, social or other activity, not in itself criminal, when the act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace.

Removal from the classroom means a student is sent to the building principal’s office. It is within the discretion of the person in charge of the classroom to remove the student.

Detention means the student’s presence is required during non-school hours for disciplinary purposes. The student can be required to appear prior to the beginning of the school day, after school has been dismissed for the day, or on a non-school day. Whether a student will serve detention, and the length of the detention, is within the discretion of the licensed employee disciplining the student or the building principal.

Suspension means; either an in-school suspension, an out-of-school suspension, or a restriction from activities. An in-school suspension means the students will attend school but will be temporarily isolated from one or more classes while under suspension. An in-school suspension will not exceed ten consecutive school days. An out-of-school suspension means the student is removed from the school environment, which includes school classes and activities. An out-of-school suspension will not exceed ten days. A restriction from school activities means a student will attend school and classes and practice but will not participate in school activities.

Probation means a student is given a conditional suspension of a penalty for a definite period of time in addition to being reprimanded. The conditional suspension will mean the student must meet the conditions and terms for the suspension of the penalty.

Expulsion means an action by the board to remove a student from the school environment, which includes, but is not limited to, classes and activities, for a period of time set by the board.

Following the suspension of a special education student, an informal evaluation of the student’s placement will take place. The Individual Education Program (IEP) is evaluated to determine whether it needs to be changed or modified in response to the behavior that led to the suspension.

If a special education student’s suspensions, either in or out of school, equal ten days on a cumulative basis, a staffing team will meet to determine whether the IEP is appropriate.

It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

Legal Reference: No Child Left Behind, Title IV, Sec. 4115, P.L. 107-110 (2002)
     Goss v. Lopez, 419 U.S. 565 (1975)
               Brands v. Sheldon Community School District, 671 F. Supp. 627 (N.D. Iowa 1987)
               Sims v. Colfax Comm. School District, 307 F. Supp. 485 (Iowa 1970)
               Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972)
               Board of Directors of Ind. School Dist. of Waterloo v. Green, 259 Iowa 1260, 147 N.W.2d 854 (1967)
               Iowa Code §§ 279.8; 282.4, .5; 708.1 (2001)

Cross Reference: 501             Student Attendance
               502      Student Rights and Responsibilities
   504      Student Activities
               603.3   Special Education
               904.5   Distribution of Materials

Approved: 2-10-2003
Reviewed: 12-10-18
Revised:

dawn.gibson.cm… Thu, 06/20/2024 - 09:18

503.02 - Expulsion

Only the board may expel a student from the school environment. The removal for an extended period of time, of a student from the school environment, which includes, but is not limited to, classes and activities, is an expulsion from school.

It shall be within the discretion of the board to discipline a student by using an expulsion for a single offense or for a series of offenses depending on the nature of the offense and the circumstances surrounding the offense.

It shall be within the discretion of the administration to recommend to the board the expulsion of a student for disciplinary purposes. Only the board may take action to expel a student and to readmit the student. The principal shall keep records of expulsions in addition to the board’s records.

When a student is recommended for expulsion by the board, the student shall be provided with:

1. Clear notice of the reasons for the proposed expulsion;

2. The names of the witnesses and an oral or written report on the facts to which each witness testifies;

3. An opportunity to present a defense against the charges and provide either oral testimony or written affidavits of witnesses on the student’s behalf;

4. The right to be represented by counsel;

5. The results and finding of the board in writing open to the student’s inspection.

In addition to these procedures, a special education student must be provided with the following procedures:

1. Determine whether the student is actually guilty of the misconduct;

2. A staffing team should determine whether the student’s behavior is caused by the student’s handicap and whether the conduct is the result of inappropriate placement. Discussions and conclusions of the meeting should be recorded;

3. If the handicapped student’s conduct is not caused by the handicap; the student may be expelled or suspended for a long-period following written notice to the parent and pursuant to the district’s expulsions hearing procedures;

4. If the misconduct is caused by the handicap and a change in placement is recommended, the change must be made pursuant to the placement procedures used by the school district;

5. If a change in placement is not recommended, a determination must be made as to how to cope with the student and the failure.

Legal Reference:  Goss v Lopez, 419 U.S. 565, 95 S.Ct. 729 (1975).
                Wood v Strickland, 95 S.Ct. 992 (1975).
  Southeast Warren Comm. School District v DPI, 285 N.W.2d 173 (Iowa 1979).
Iowa code §§21.5, 282.3, .4, .5 (1991).
  281 Iowa Admin. Code 11.3(5).
  281 Iowa Admin. Code 41.2(1), 12.3(8).

Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline

Approved: 4-13-92
Reviewed: 12-10-18
Revised: 2-14-96

dawn.gibson.cm… Thu, 06/20/2024 - 09:20

503.03 - Fines - Fees - Charges

The board believes students should respect the property of the school district and assist in its preservation for future use by others. Students may be assessed fines, charges, or fees for the materials needed in a course, for overdue school materials, for participating in activities, or for misuse of school property.

The following fees shall be paid in full by all students unless a full, partial, or temporary waiver is granted in accordance with state regulations: Book rental, activity fees, eye protection devices, ear protection devices, summer school tuition, school supplies and P.E. towels. Additional fees may be required of students taking certain courses or activities: Athletics, Instrumental Music, Art, and vocational classes. The administration shall inform the board of the dollar amount to be charged to students or others for fines, charges, or fees annually. It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

Legal Reference: Iowa Code §279.8 (1991).
1982 Op. Att’y Gen. 227.

Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline

Approved: 4-13-92
Reviewed: 12-10-18
Revised: 8-19-96, 11-08-99, 12-11-06

dawn.gibson.cm… Thu, 06/20/2024 - 09:23

503.03A - Registration Fees

The Board of Education will annually approve a registration fee to be assessed for each student for the school year. Fees will be established for students in kindergarten through grade six.

Waiver for Registration Fees

In accordance with state regulations, the Bennett Community School District provides a waiver of fees for students, if the student or the student’s family, meet one of the following criteria:

Full Waiver of Fees

eligible for free lunch
eligible for Family Investment Program (FIP)
eligible for Supplemental Security Income (SSI)
eligible for transportation assistance under open enrollment
is living in foster care
eligible if classified as a foreign exchange student

Partial Waiver of Fees – payment of 40%

is eligible for reduced priced meals

Temporary Waiver – is eligible for full or partial waiver of fee

if family has temporary financial hardship
at the discretion of the school district

A student or family has the right to appeal the decision.

The administration shall provide forms for application for full, partial or temporary waiver of registration fees.

Approved: 12-13-99
Reviewed: 12-10-18
Revised: 8-19-96, 11-08-99, 12-11-0612-14-15

BENNETT COMMUNITY SCHOOL DISTRICT

APPLICATION FOR STUDENT WAIVER OF FEES

Student’s Name___________________________________ ______________

Grade______________ School Year

Please check the type of waiver of fee requested and check the type of evidence being provided.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Full Waiver of Fees

-Eligible for free school meals

______a. provide copy of letter sent to all food stamp households from the

Department of Human Services OR

______b. complete application for free or reduced priced meals and meet

eligibility criteria

-Eligible for Family Investment Program (FIP) or Aid to Dependent Children (AFDC)

______a. provide copy of letter sent to all food stamp households from the

Department of Human Services OR

______b. provide copy of letter indicating eligibility for family investment

program (FIP)

-Eligible for Supplemental Security Income (SSI)

_____a. provide copy of letter indicating eligibility for supplemental security program (SSI)

-Eligible for transportation assistance under open enrollment

_____a. forms and criteria may be obtained from the administrative offices

-Is living in foster care

_____a. provide evidence the student is residing in a foster home

Partial Waiver of Fees – Requires Payment of 40%

-Is eligible for reduced priced meals

_____a. complete application for free or reduced priced meals and meet required eligibility criteria

Temporary Waiver – Maximum of One Year

Student or family may request a temporary waiver of registration fees if the family is undergoing temporary financial hardship. Please provide the building principal with a brief written explanation for the request. The information will be kept confidential.

All forms and documentation must be returned to the Superintendent of Schools. You will be notified if the application has been approved or denied. If the application is denied, you may appeal the decision by contacting the Superintendent of Schools at 890-2226.

Parent or Guardian_______________________________________________ Date__________________

Application Approved_____________________________Application Denied______________________

dawn.gibson.cm… Thu, 06/20/2024 - 09:25

503.04 - Good Conduct Rule

Participation in school activities is a privilege. School activities provide the benefits of promoting additional interests and abilities in the students during their school years and for their lifetimes.

Students who participate in extracurricular activities serve as ambassadors of the school district throughout the calendar year, whether away from school or at school. Students who wish to have the privilege of participating in school extracurricular activities must conduct themselves in accordance with board policy regarding student conduct.

Students will have an opportunity to participate in a school activity unless the activity is not offered, the student cannot participate for disciplinary reasons, or it is an intramural or interscholastic athletic activity. Students will have a comparable opportunity to participate in intramural or interscholastic athletic activities and to reap the benefits of school activities. Comparable opportunity, however, does not guarantee boys and girls will be allowed to play on each other’s teams when there are athletic activities available that will allow both boys and girls to reap the benefits of school activities.

Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures. The principal shall keep records of violations of the good conduct rule.

Students who wish to participate in extracurricular activities that require physical exertion including, but not limited to, cheerleading and athletics, shall be required to submit a physical examination stating that the student is able to participate.

The events must be approved by the administration, unless they involve unusual travel and expense, in which case the board will take action. The events must not disrupt the educational program or other school district operations.

It shall be the responsibility of the administration to develop rules and regulations for each school activity. Students wanting to participate in school activities must meet the requirements set out by the school district for participation in the activity.

A high school student who participates in school sponsored athletics may participate in a non-school sponsored sport during the same season upon approval of the head coach and administration. Such outside participation shall not conflict with the school sponsored athletic activity.

Legal Reference: Bunger v Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972).
In re Jason Clark, 1 D.P.I. App. Dec. 167 (1978).
Iowa Code §§280.13, .13A (1989).
281 Iowa Admin. Code 12.3 (8)

Cross Reference: 502           Students Rights and Responsibilities
503           Student Discipline
503.4E1   Good Conduct Rule/Explanation

Approved: 4-13-92
Reviewed: 12-10-18
Revised: 11-10-97, 12-13-99

dawn.gibson.cm… Thu, 06/20/2024 - 09:24

503.04E1 - Good Conduct Rule/Explanation

Any student who is found guilty, or admits to, or at a judicial or administrative proceeding is found by substantial evidence to have:

Item I: possessed alcoholic beverages with knowledge, intent and there of;

Item II: consumed alcoholic beverages;

Item III: possessed controlled substances as they are defined by the Code of Iowa, without legal prescription, and with knowledge, intent, and control thereof;

Item IV: used controlled substances, as they are defined by the Code of Iowa, and without a legal prescription;

Item V: committed theft, vandalism, or other serious offenses, including those which would violate the Iowa Criminal Code, as to make the student unworthy to represent the ideals and standards of the Bennett Community School, is in violation of the Good Conduct Provision.

Due Process shall be afforded a student who is charged with violating the Good Conduct Rule
A student who has been found to have violated the Good Conduct Rule in Section A, Items I-IV shall be penalized as follows:

First Offense – 30 “in season” calendar day’s suspension from all extracurricular activities within the current school year.

Second Offense – 90 “in season” calendar day’s suspension from all extracurricular activities within the current school year.

Third Offense – Suspension from all extracurricular activities for the remainder of

Note: First and Second Offense suspensions must be served in season or during an extracurricular activity period. The days before or after extracurricular seasons may not be used to complete a suspension period. Proms, dances, athletic department field trips, and other school sponsored activities, etc. will each be counted as one day of suspension.

A student in violation of the Good Conduct Provision, Section A, Items I-IV, shall not be allowed to participate in any extracurricular activity until a meeting has been held with the Activities Director, the parents, and the coach/sponsor of the activity as well as the supervisors of all other extracurricular activities in which the student intends to participate. The student and the parents will be informed at this meeting of the date of which eligibility is to be restored.

D. Lesser Offenses:

Item I: If a student should skip school or be truant, the period of ineligibility shall be five calendar days for each offense.

Item II: If a student should be suspended from school classes, either in-school or out of school, the student shall be ineligible for a period of five calendar days for each offense.

Item III: The use of tobacco by students is prohibited at any school sponsored activity and on or in any school property and the student shall be ineligible for ten calendar days for each offense.

GOOD CONDUCT RULE EXPLANATION

Eligibility rules pertain to those students who are or desire to participate in any extracurricular activity that is school sponsored and supervised by professional school personnel. Students in this policy shall mean all persons of school age enrolled grades seven through twelve. All regulations contained herein shall apply uniformly to all students regardless of the fact that somemay have reached the age of majority. School age is defined in Iowa Code §282.1 as beingbetween the ages of five (5) and twenty-one (21). Therefore, in order to maintain order and consistency, a nineteen-year-old (19) who participates in extracurricular activities should be required to forego “the privileges which his/her age confers”.

Extracurricular in this policy is all school sponsored activities in which the student participating does not receive academic credit and the student represents the Bennett Community School in a game, contest, concert, production or activity that has an audience. This policy shall not apply to the following events:

Commencement Exercises
Band, vocal or other programs that students are required to attend that directly affect a grade or credit given for a regular school day class
Elected offices as in the case of Clark v Panora-Linden Community School District, D.P.I., Admin. Doc. 408, 1977 (this would include student council and class offices) but would not mean that organizations or clubs or classes cannot censure, remove from office or discipline such officers according to the constitution or by-laws of that organization, club, class, or subject said offer to re-call;
Journalism or school newspaper activities.

Letters or awards may be withheld if participation in any of the above mentioned activities would count or add up “points” toward receiving them.

This policy shall apply to:

1. All activities, events, festivals, practices, meets, matches, work-outs, meetings, or contests sponsored by or endorsed by the Bennett Community Schools, or State or National Associations where such is not directly related to a grade given for credit;

2. Athletics, speech activities, drama productions and activities, instrumental and vocal activities, clubs and organizations, cheerleading, pom pon activities, school annual, F.F.A., German Club, National Honor Society, and any other club, organization, or activity operating under the auspices of the Bennett Community School District where such activity is not directly related to a grade given for credit;

3. Class trips, camps, field trips, or similar activities, game or match (such as State Basketball tournaments, State Tennis, Cross Country competition Tournaments, etc) where Bennett Community Schools would ordinarily sanction attendance through the obtaining or provision of tickets, transportation, or release of class time;

4. Entertainment provided by school groups to any civic, private, or non-profit organization or to other schools;

5. Parades, dances, proms, banquets, school parties, swim nights, bowling, roller skating, or any other such entertainment activity sponsored by the Bennett Community Schools.

Habits and conduct in this policy shall mean repetitive antisocial behavior which is action not adjudged proper and seemly by the general public such as fighting, brawling, disruptive behavior or hostile behavior or actions including those which would violate the Iowa Criminal Code. It is not the purpose of this policy to punish individuals for isolated, single acts unless they are of such severity that a normal and prudent person would determine that such acts should be punished.

All individuals charged with any violation of the Good Conduct Rule shall be afforded appellant rights and procedures in accordance with the appeal procedures of the Bennett Community School and the Code of Iowa.

The intent of these rules is to help establish a situation whereby consideration of who the parents are, family name, prestige, position, etc., will not be factors that others could say affected establishing the student being eligible or being ineligible or for the length of time and still allow the school administration some flexibility when considering an individual student’s problem. Boys and girls should feel that it is an honor to represent the Bennett Community School District in contests. We want them to be willing to sacrifice to help themselves and to also help the team or group be more successful. The choice between tobacco use, alcohol consumption/drug abuse and representing Bennett Community Schools should not be too difficult for a sincere student to make.

dawn.gibson.cm… Thu, 06/20/2024 - 09:29

503.05 - Corporal Punishment

Corporal punishment may not be used to discipline students. Reasonable physical force, however, may be used upon a student with or without advance notice when the use of such force is deemed essential by a reasonable person for the purposes of self-defense, to protect school district property, or for the protection of others located on the school district property.

Reasonable physical force should be commensurate with the circumstances of the situation, and it should be moderate so as not to cause permanent physical harm to the student. The following factors should be considered in using reasonable physical force for the reasons stated in this policy:

seriousness of the offense;
attitude and past behavior of the child;
nature and severity of the physical force;
motivation of the teacher;
age and strength of the child; and
availability of less severe but equally effective means of dealing with the situation.

The student’s parents shall be given an explanation of the reasons for the use of physical force upon request.

It shall be the responsibility of the administration to develop administrative regulations regarding this policy.

Legal Reference:  Ingraham v Wright, 430 U.S. 651, 97 S.Ct. 14021, 51 L.Ed.2d 711 (1977).
     Goss v Lopez, 419 U.S. 565, 95 S.Ct. 729 (1975).
     Garcia v Miera, 817 F.2d (10^th Cir. 1987).
                               Tinkham v Kole, 252 Iowa 1303, 110 N.W.2d 2258 (1961).
                               Lai v Erickson, PTCP Admin. Doc. 83-12 (1983).
                               Iowa Code §§279.8, 280.21 (1991).
                               281 Iowa Admin. Code 12.3(8).
                               19480 Op. Att’y Gen. 275.

Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline

Approved: 4-13-92
Reviewed: 12-10-18
Revised: 2-14-96

dawn.gibson.cm… Thu, 06/20/2024 - 09:40

503.06 - Weapons

The board believes weapons, other dangerous objects and look-a-likes in school district facilities cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees and visitors on the school district premises or property within the jurisdiction of the school district.

School district facilities are not an appropriate place for weapons, dangerous objects and look-a-likes. Weapons and other dangerous objects and look-a-likes will be taken from students and others who bring them onto the school district property or onto property within the jurisdiction of the school district or from students who are within the control of the school district. Dangerous weapons include, but are not limited to, any offensive weapon, pistol, revolver, or other firearm, dagger, razor, stiletto, switchblade knife, or any knife.

Parents of students found to possess weapons, dangerous objects or look-a-likes on school property are notified of the incident. Possession or confiscation of weapons or dangerous objects will be reported to law enforcement officials, and students will be subject to disciplinary action including suspension or expulsion.

Students bringing firearms to school or knowingly possessing firearms at school will be expelled of not less than one year. The superintendent has the authority to recommend this expulsion requirement be modified for students on a case-by-case basis. For purposes of this portion of this policy, the term “firearm” includes, but is not limited to, any weapon which is designed to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, a muffler or silencer for such a weapon, or any explosive, incendiary or poison gas.

Weapons under the control of law enforcement officials are exempt from this policy. The principal may allow authorized persons to display weapons, other dangerous objects or look-a-likes for educational purposes. Such a display will also be exempt from this policy. It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

Note: This policy meets state and federal law. Federal law gives an exception, to the mandatory one-year expulsion for weapons possession or bringing to schools, for weapons that are lawfully stored in a locked vehicle on school property. Boards wishing to adopt this exception should amend this policy to reflect that and direct the administration to develop the required procedures designed to ensure student safety.

Legal Reference: No Child Left Behind, Title IV, Sec. 4141, P.L. 107-110 (2002)
                               Improving America’s Schools Act of 1994, P.L. 103-382
                               18 U.S.C. §921 (1994)
McClain v. Lafayette County Bd. of Education, 673 F.2d 106 (5^th Cir. 1982)
Iowa Code §§279.8; 280.21B; 724 (1997)
                               281 I.A.C. 12.3(6)

Cross Reference: 502    Student Rights and Responsibilities
                               503    Student Discipline
                               507    Student Health and Well-Being

Approved: 2-10-03
Reviewed: 12-10-18
Revised:

dawn.gibson.cm… Thu, 06/20/2024 - 09:42

504 - Student Activities

504 - Student Activities dawn.gibson.cm… Thu, 06/20/2024 - 09:44

504.01 - Student Government

The student council provides for student activities, serves as training experience for both leaders and followers, promotes the common good, gives students a share in the management of the school, develops high ideals of personal conduct, acts as a clearing house for student activities, seeks to interest students in school affairs and helps solve problems that may arise. Members of the council are student representatives who have direct access to the school administration.

The principal, in conjunction with the students and licensed personnel, shall set forth the guidelines for the student government’s elections, operations, and other elements of the government.

Legal Reference: Iowa Code §279.8 (1991).

Cross Reference: 502     Student Rights and Responsibilities
504     Student Activities
                               505     Student Scholastic Achievement
506     Student Records

Approved: 4-13-92
Reviewed: 12-10-18
Revised:

dawn.gibson.cm… Thu, 06/20/2024 - 09:44

504.02 - Student Organizations

Secondary school student-initiated, noncurriculum-related groups, upon receiving permission from the principal, may use school facilities for group meetings during non-instructional time.

Non-instructional time shall mean any time before the first period in the day and after the last period of the day in which any student attends class. Meetings shall not interfere with the orderly conduct of the educational program or other school district operations. It shall be within the discretion of the building principal to determine whether the meetings will interfere with the orderly conduct of the educational program or other school district operations. Activities relating to and part of the educational program shall have priority over the activities of any other organization.

It shall also be the responsibility of the principal to determine whether a student group is curriculum-related. The following two questions will be answered affirmatively if the group is curriculum-related:

Does the school usually sponsor an activity dealing with this subject matter?
Does the school require or directly encourage student participation in such a group in connection with the curriculum course work?

Only students may attend and participate in meetings of noncurriculum-related groups. Such attendance shall be strictly voluntary and student-initiated. As a means of determining whether a student’s attendance is voluntary, the principal may require parental consent for the student to attend the meetings.

Student-initiated, noncurriculum-related groups will not use the school name, school mascot name, school district name, or any name or emblem that might imply school district sponsorship. Such groups will be afforded equal access to methods of advertisement of their meetings. The use of school equipment will be subject to the discretion of the principal.

School district personnel will be assigned to monitor approved meetings. School district personnel shall not in any way participate in the meeting or assist in planning, criticizing or encouraging attendance. Non-school persons cannot direct, conduct, control, or regularly attend activities or meetings of these noncurriculum-related, student-initiated groups.

Secondary school curriculum-related student organizations may use the school facilities for meetings and other purposes before, after and during the instructional school day.

It shall be the responsibility of the administration to develop administrative regulations regarding this policy. They shall include guidelines for determining whether the meeting will interfere with the orderly conduct of the educational program or other school district operations. The administrative regulations shall also provide additional guidelines for determining whether a student group is curriculum-related.

Legal Reference:  Westside Community Schools v Mergens, 110 S.Ct. 2356, (1990).
                               Bender v Williamsport Area Community School District, 741 F.2d 538
                               (3d cir. 1984), vacated and remanded on other grounds, 106 S.Ct. 1326 (1986).
                               20 U.S.C.A. §§4071 et seq. (1989).
                               Iowa Code §§287.1 - .3, 297.9 (1989).

Cross Reference: 502 Student Rights and Responsibilities
504 Student Activities

Approved: 4-13-92
Reviewed: 12-10-18
Revised: 3-11-96

dawn.gibson.cm… Fri, 06/21/2024 - 11:10

504.03 - Student Publications

Students may author a publication as part of the curriculum under the supervision of a licensed employee and the principal.

As a school-sponsored activity, the viewpoints of student publications may be attributed to the school. Therefore, student publications must be responsible. In the judgment of the administration, the publication shall not encourage the breaking of laws, cause defamation of persons, or contain obscenity. Further, the publications must be appropriate to assure that the students learn and meet the goals of the activity and that the potential audience is not exposed to material that may be inappropriate for their level of maturity.

Prior to final printing and distribution, the publication must be reviewed by the student editors and the faculty advisor. Based on the review of the student editors and/or the faculty advisor, articles may be required to be rewritten or removed. Failure to allow review by the student editors and faculty advisor, prior to its final printing and distribution, is grounds for denying distribution of the publication.

The principal shall have the authority to designate the time, place and manner of distribution of school-sponsored and nonschool-sponsored student publications.

Legal Reference: Hazelwood School District v Kuhlmeier, 108 S.Ct. 562 (1988).
Iowa Code §280.1 (1991).

Cross Reference: 502 Student Rights and Responsibilities
504 Student Activities

Approved: 4-13-92
Reviewed: 12-10-18
Revised:

dawn.gibson.cm… Fri, 06/21/2024 - 11:12

504.05 - Student Performances

Students, as part of the educational program, may participate in contests or other public and private events approved by the administration that will be of benefit to the student and the educational program. Performance at such events is a privilege.

Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures. Students, who perform at such events, serve as ambassadors of the school district and must conduct themselves in the same manner as required in the regular school day.

Students will be allowed to perform in these events only with proper permission and supervision and when the events do not disrupt the educational program or other school district operations. The events must be approved by the administration, unless it involves unusual travel and expense, in which case the board will take action.

It shall be the responsibility of the administration to develop administrative regulations regarding this policy. In developing the administrative regulations, these guidelines should be followed:

Performances by student groups below the senior high school level should be allowed only on a very limited basis;
All groups of students should have an opportunity to participate; and
Extensive travel by one (1) group of students as a result of the requests should be discouraged.

It shall be within the discretion of the administration to determine whether the event will benefit the educational program and the participating students. Contests or other performances by students unapproved by the administration will be the responsibility of the parent and the student.

Legal Reference:  Hazelwood School District v Kuhlmeier, 108 S.Ct. 562 (1988).
                Iowa Code §§280.13-.14 (1991).
                281 Iowa Admin. Code 12.6.

Cross Reference: 502     Student Rights and Responsibilities
                504     Student Activities
                1005   Community Activities Involving Students

Approved: 4-13-92
Reviewed: 12-10-18
Revised: 3-11-96

dawn.gibson.cm… Fri, 06/21/2024 - 11:14

504.06 - Student Fund Raising

Students may raise funds for school-sponsored events with permission of the principal. Fund raising by students for events other than school-sponsored organizations is allowed. Collection boxes for nonschool-sponsored organizations, however, must have prior approval from the building principal before being placed on school property.

It shall be the responsibility of the administration to develop administrative regulations regarding this policy.

Legal Reference: Iowa Code §280.14 (1991).

Cross Reference: 502    Student Rights and Responsibilities
503    Student Discipline
                504    Student Activities

Approved: 4-13-92
Reviewed: 12-10-18
Revised: 3-11-96

dawn.gibson.cm… Fri, 06/21/2024 - 11:15

504.08 - Student Activity Fund

Revenue raised by students or from student activities shall be deposited and accounted for in the student activities fund. This revenue is the property of and shall be under the financial control of the board. Students may use this revenue for purposes approved by the building principal.

Whether such revenue is collected from student contributions, club dues, and special activities or result from admissions to special events or from other fund-raising activities, all funds will be under the jurisdiction of the board and under the specific control of the building principal. They will be deposited in a designated depository and will be disbursed and accounted for in accordance with instructions issued by the superintendent.

It shall be the responsibility of the bookkeeper to keep student activity accounts up-to-date and completed.

Any unencumbered class or activity account balances will automatically revert to the activity fund, lined item classified high school activity, when a class graduates or an activity is discontinued.

Legal Reference: Iowa Code §§11:23; 279.8 (1997)

Cross Reference: 504 Student Activities
701 Financial Accounting System

Approved: 12-13-99
Reviewed: 12-10-18
Revised: 10-14-02

dawn.gibson.cm… Fri, 06/21/2024 - 11:19

505 - Student Scholastic Achievement

505 - Student Scholastic Achievement dawn.gibson.cm… Fri, 06/21/2024 - 11:20

505.02 - Student Progress Reports and Conferences

Students shall receive a progress report at the end of each nine (9) week grading period. Students, who are doing poorly, and their parents, shall be notified prior to the end of the semester in order to have an opportunity to improve their grade. The board encourages the notification of students who have made marked improvement prior to the end of the semester.

Parent-teacher conferences about students’ progress will be held to keep the parents informed. Parent-teacher conferences are held at designated times in the school year. The conferences at the high school are not on any individually scheduled basis. Parents may see any of the staff members during those conference periods.

Parents, teachers, or principals may request a conference for students in grades kindergarten (K) through six (6) at any time if they feel the circumstances warrant it. Students are encouraged to discuss the student’s progress or other matters with the student’s teacher and/or any other appropriate staff members.

Legal Reference: Iowa Code §256.11, Chapter 280 (1991).
281 Iowa Admin. Code 12.3(7).

Cross Reference: 502    Student Rights and Responsibilities
505    Student Scholastic Achievement
506    Student Records

Approved: 4-13-92
Reviewed: 1-14-19
Revised: 12-13-99

dawn.gibson.cm… Fri, 06/21/2024 - 11:20

505.03 - Student Promotion - Retention - Acceleration

Students will be promoted to the next grade level at the end of each school year based on the student’s achievement, age, maturity, emotional stability, and social adjustment.

The district shall adhere to the following:

Retention/Promotion in kindergarten – eighth grade: The retention of a student will be determined based upon the judgment of the district’s professional staff. When it becomes evident a student in grades kindergarten through eighth may be retained in a grade level for an additional year, the parents will be informed prior to making the retention decision. It is within the sole discretion of the district to retain students in their current grade level and to deny promotion to a student.

Retention/Promotion in ninth-twelfth grade: Students in grades nine through twelve will be informed of the required course work necessary to be promoted each year. When it becomes evident a student in these grades will be unable to meet the minimum credit requirements for the year, the student and parents will be informed. It is within the sole discretion of the district to retain students in their current grade level and to deny promotion to a student.

Acceleration in kindergarten – twelfth grade: Students in grades kindergarten through twelve with exceptional talents may, with the permission of the principal and parents, take classes beyond their current grade level. Enrichment opportunities outside the school district may be allowed when they do not conflict with the school district’s graduation requirements.

Retention or Acceleration in kindergarten – twelfth grade may also occur in additional instances as provided by law.

Any student or parent who is not satisfied with the decision of the district’s professional staff may seek recourse through policy 502.4 – Student Complaints and Grievances.

Legal Reference: Iowa Code §§256.11, 279.8, 280.3
281 I.A.C. 12.5(16)

Cross Reference: 501    Student Attendance
505    Student Scholastic Achievement
                603.2 Summer School Instruction

Approved: 4-13-92
Reviewed: 1-14-19
Revised: 12-13-99, 1-08-18

dawn.gibson.cm… Fri, 06/21/2024 - 11:21

505.04 - Student Honors and Awards

The district shall provide a program that sets out honors and awards including, but not limited to, academic letters, scholarships and good citizenship awards for students to assist students in setting goals. Students shall be made aware of honors and awards and the action necessary on the part of the student to achieve them.

It shall be the responsibility of the administration to develop the administrative regulations regarding this policy.

Legal Reference: Iowa Code §279.8 (1991).

Cross Reference: 504 Student Activities
505 Student Scholastic Achievement

Approved: 4-13-92
Reviewed: 1-14-19
Revised: 3-11-96

dawn.gibson.cm… Fri, 06/21/2024 - 11:24

505.05 - Testing Program

A comprehensive testing program is established and maintained to evaluate the education program of the school district and to assist in providing guidance or counseling services to students and their families.

No student is required, as part of a program funded by the United States Department of Education (USDE), to submit, without prior written consent from the student’s parent, to surveys, analysis or evaluation which reveals information concerning:

political affiliations or beliefs of the student or student’s parent;
mental or psychological problems of the student or the student’s family;
sex behavior or attitudes;
illegal, anti-social, self-incriminating or demeaning behavior;
critical appraisals of other individuals with whom respondents have close family relationships;
legally recognized, privileged or analogous relationships, such as those of lawyers, physicians and ministers;
religious practices, affiliations or beliefs of the student or student’s parent; or
income, (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

It is the responsibility of the board to review and approve the evaluation and testing program.

Legal Reference: No Child Left Behind, Title II, Sec. 1061, P.L. 107-110 (2002)
               Goals 2000: Educate America Act, Pub. L. No. 103-227,
               20 U.S.C. § 1232h (1994)
               Iowa Code §§280.3; 256B; 282.1, .3, .6 (2001)
   281 I.A.C. 12.5(13), .5(21).

Cross Reference: 505       Student Scholastic Achievement
   506       Student Records
               607.2    Student Health Services

Approved: 2-10-03
Reviewed: 1-14-19
Revised:

dawn.gibson.cm… Fri, 06/21/2024 - 11:25

505.10 - Parental Involvement

Parental involvement is an important component in a student’s success in school. The board encourages parents to become involved in their child’s education to ensure the child’s academic success. The board will:

how the board will involve parents in the development of the Title I plan, the process for school review of the plan and the process for improvement;
how the board will provide the coordination, technical assistance and other support necessary to assist participating schools in planning and implementing effective parent involvement activities to improve student academic achievement and school performance;
build the schools’ and parents’ capacity for strong parental involvement;
coordinate and integrate parental involvement strategies under Title I with other programs such as Head Start, Reading First, etc.;
conduct with the involvement of parents, an annual evaluation of the content and effectiveness of the parental involvement policy in improving the academic quality of the school served including identifying barriers to greater participation by parents in Title I activities (with particular attention to low-income parents, Limited English Proficient (LEP) parents, minorities, parents with disabilities and parents with low literacy) and use the findings of the evaluation to design strategies for more effective parental involvement and to revise, as necessary, the parental involvement policies; and
involve parents in Title I activities.

The board will review this policy annually. The superintendent is responsible for notifying parents of this policy annually or within a reasonable time after it has been amended during the school year. It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

Legal Reference: No Child Left Behind, Title I, Sec. 1118, P.L. 107-110

Cross Reference: 903.2 Community Resource Persons and Volunteers

Approved: 2-10-03
Reviewed: 2-12-24
Revised:

dawn.gibson.cm… Fri, 06/21/2024 - 11:28

506 - Student Records

506 - Student Records dawn.gibson.cm… Fri, 06/21/2024 - 11:29

506.01 - Education Records Access

The board recognizes the importance of maintaining education records and preserving their confidentiality, as provided by law. Education records are kept confidential at collection, storage, disclosure and destruction stages. The board secretary is the custodian of education records. Education records may be maintained in the central administration office or administrative office of the student’s attendance center.

Definitions

For the purposes of this policy, the defined words have the following meaning:

“Education Record” means those records that contain information directly related to a student and which are maintained by an education agency or institution or by a party acting for the agency or institution.
“Eligible Student” means a student who has reached eighteen years or attends a postsecondary institution. Parents of an eligible student are provided access to education records only with the written permission of the eligible student unless the eligible student is defined as a dependent by the Internal Revenue Code. In that case, the parents may be provided access without the written permission of the student.

An education record may contain information on more than one student. Parents will have the right to access the information relating to their student or to be informed of the information. Eligible students will also have the right to access the information relating to themselves or be informed of the information.

Parents, eligible students, and other individuals authorized in accordance with law will have access to the student’s education records during the regular business hours of the school district. Parents and eligible students will have a right to access the student’s education records upon request without unnecessary delay and in no instance more than forty-five calendar days after the request is made. Parents, other than parents of an eligible student, may be denied access to a student’s records if the school district has a court order stating such or when the district has been advised under the appropriate laws tht the parents may not access the student records. Parents, an eligible student or an authorized representative of the parents will have the right to access the student’s education records prior to an Individualized Education Program (IEP) meeting or hearing.

Copies of education records will be provided if failure to do so would effectively prevent the parents or student from exercising the right to access the education records. Fees for copies of the records are waived if it would prevent the parents or eligible student from accessing the records. A fee may not be charged to search or retrieve information from education records.

Upon the request of parents or an eligible student, the school district shall provide an explanation and interpretation of the education records and a list of the types and locations of education records collected, maintained or used by the school district.

If the parents or an eligible student believes the information in the education records is inaccurate, misleading or violates the privacy of the student, the parents or an eligible student may request that the school district amend the education records.

Education records may be disclosed in limited circumstances without parental or eligible student’s written permission. This disclosure is made on the condition that the education record will not be disclosed to a third party without the written permission of the parents or the eligible student.

To school officials within the school district and AEA personnel whom the superintendent has determined to have a legitimate educational interest, including, but not limited to, board members, employees, school attorney, auditor, health professionals, and individuals serving on official school committees;
To officials of another school district in which the student wishes to enroll, provided the other school district notifies the parents the education records are being sent and the parents have an opportunity to receive a copy of the records and challenge the contents of the records unless the annual notification includes a provision that records will automatically be transferred to new school districts;
To the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education or state and local educational authorities;
In connection with a student’s application for, or receipt of, financial aid;
To organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it was conducted;
To accrediting organizations;
To parents of a dependent student as defined in the Internal Revenue Code;
To comply with a court order or judicially issued subpoena;
Consistent with an interagency agreement between the school district and juvenile justice agencies;
In connection with a health or safety emergency;
As directory information; or
In additional instances as provided by law.

The superintendent will keep a list of the individuals and their positions who are authorized to view a special education student’s education records without the permission of the parents or the eligible student. Individuals not listed are not allowed access without parental or an eligible student’s written permission. This list must be current and available for public inspection and updated as changes occur.

The superintendent will also keep a list of individuals, agencies and organizations which have requested or obtained access to a student’s education records, the date access was given and their legitimate educational interest or purpose for which they were authorized to view the records. The superintendent, however, does not need to keep a list of the parents, authorized educational employees, officers and agencies of the school district who have accessed the student’s education records. This list for an education record may be accessed by the parents, the eligible student and the custodian of education records.

Permanent education records, including a student’s name, address, phone number, grades, attendance record, classes attended, grade level completed and year completed may be maintained without time limitation. Permanent education records will be kept in a fire-safe vault or they may be maintained electronically with a secure backup file.

When personally identifiable information, other than permanent education records, is no longer needed to provide educational services to a special education student, the parents or eligible student are notified. This notice is normally given after a student graduates or otherwise leaves the school district. If the parents or eligible student request that the personally identifiable information be destroyed, the school district will destroy the records, except for permanent records. Prior to the destruction of the records, the school district must inform the parents or eligible student the records may be needed by the parents or eligible student for social security benefits or other purposes. For purposes of policy, “n longer needed to provide educational services” means that a record is no longer relevant to the provision of instruction, support, or related services and is no longer needed for accountability and audit purposes. At a minimum, a record needed for accountability and audit purposes must be retained for five years after completion of the activity for which funds were used. In the absence of parents or an eligible student’s request to destroy the records, the school district must maintain the records for at least three years after an individual is determined to be no longer eligible for special education.

The school district will cooperate with the juvenile justice system in sharing information contained in permanent student records regarding students who have become involved with the juvenile justice system. The school district will enter into an interagency agreement with the juvenile justice agencies (agencies) involved.

The purpose of the agreement is to allow for the sharing of information prior to a student’s adjudication in order to promote and collaborate between the school district and the agencies to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions which provide structured and well supervised educational programs supplemented by coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and to support students in successfully completing their education.

The school district may share any information with the agencies contained in a student’s permanent record, which is directly related to the juvenile justice system’s ability to effectively serve the student. Prior to adjudication information contained in the permanent record may be disclosed by the school district to the parties without parental consent or court order. Information contained in a student’s permanent record may be disclosed by the school district to the agencies after adjudication only with parental consent or a court order. Information shared pursuant to the agreement is used solely for determining the programs and services appropriate to the needs of the student or student’s family or coordinating the delivery of programs and services to the student or student’s family.

Information shared under the agreement is not admissible in any court proceedings, which take place prior to a disposition hearing, unless written consent is obtained from a student’s parent, guardian, or legal or actual custodian.

Confidential information shared between the school district and the agencies will remain confidential and will not be shared with any other person, unless otherwise provided by law.

The school district may discontinue information sharing with an agency if the school district determines that the agency has violated the intent or letter of the agreement.

Agencies will contact the principal of the attendance center where the student is currently or was enrolled. The principal will then forward copies of the records within a reasonable time following receipt of the request.

The school district will provide training or instruction to employees about parents’ and eligible students’ rights under this policy. Employees will also be informed about the procedure for carrying out this policy. It is the responsibility of the superintendent to annually notify parents and eligible students that they have the right to:

Inspect and review the student’s education records;
Seek amendment of the student’s education records that the parent or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights;
Consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that the law authorizes disclosure without consent; and
File a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the law.

The notice is given in a parents’ or eligible student’s native language. Should the school district collect personal information from the student for the purposes of marketing or selling that information, the school district will annually notify parents of such activity.

The notice will include a statement that the parents have a right to file a complaint alleging the school district failed to comply with this policy. Complaints are forwarded to Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, Washington, DC 20202-8520.

Legal Reference: 20 U.S.C. § 1232g, 1415.
                34 C.F.R. §§ 99; 300.610 et seq.
                Iowa Code §§ 22; 279.9B; 280.24; 280.25; 622.10.
                281 I.A.C. 12.3(4); 41.
                1980 Op. Att’y Gen. 720, 825.

Cross Reference: 501        Student Attendance
505        Student Scholastic Achievement
506        Student Records
507        Student Health and Well-Being
603.3    Special Education
708        Care, Maintenance and Disposal of School District Records
901        Public Examination of School District Records

Approved: 3-10-03
Reviewed: 1-14-19
Revised: 5-8-17

dawn.gibson.cm… Fri, 06/21/2024 - 11:29

506.01E1 - Request of Nonparent for Examination or Copies of Education Records

The undersigned hereby requests permission to examine the Bennett Community School District official education records of:

_______________________________________________ ____________________________
(Legal Name of Student) (Date of Birth)

---------------------------------------------------------------------

The undersigned requests copies of the following official education records of the above student:

---------------------------------------------------------------------

The undersigned certifies that they are (check one):

An official of another school system in which the student intends to enroll ( )
An authorized representative of the Comptroller General of the United States ( )
An authorized representative of the Secretary of the U. S. Department of

Education or U. S. Attorney General ( )

A state or local official to whom such is specifically allowed to be reported

or disclosed. ( )

A person connected with the student’s application for, or receipt of, ( )

financial aid. (SPECIFY DETAILS :___________________________).

Otherwise authorized by law. (SPECIFY DETAILS :_______________).
A representative of a juvenile justice agency with which the school district ( )

has an interagency agreement.

The undersigned agrees that the information obtained will only be redisclosed consistent with state or federal law without the permission of the parents of the student, or the student if the student is of majority age.

_______________________________________
(Signature)

_______________________________________
(Title)

                                           _______________________________________
                                           (Agency)

APPROVED: Date:___________________________________

Address:________________________________

Signature:_______________________ City:___________________________________

Title:___________________________ State:______________ZIP:_________________

Dated:______________ ____________ Phone Number:___________________________

dawn.gibson.cm… Fri, 06/21/2024 - 11:32

506.01E2 - Authorization for Release of Education Records

The undersigned hereby authorizes _________________________________________________

School District to release copies of the following official education records:

______________________________________________________________________________

concerning _______________________________ _________________________________
(Full Legal Name of Student) (Date of Birth)

_____________________________________________________ from 20____ to 20_____
(Name of Last School Attended) (Year(s) of Attendance)

The reason for this request is:________________________________________________
________________________________________________________________________
________________________________________________________________________

My relationship to the child is:_____________________________________________________

Copies of the records to be released are to be furnished to:

( ) the undersigned

( ) the student

( ) other (please specify) _____________________________________________

________________________________________
(Signature)

Date: ___________________________________

Address:_________________________________

City:____________________________________

State:______________________ZIP__________

Phone Number: ___________________________

dawn.gibson.cm… Fri, 06/21/2024 - 11:34

506.01E3 - Request for Hearing on Correction of Education Records

To: ____________________________________Address:_______________________________
Board Secretary (Custodian)

I believe certain official education records of my child, __________________________, (full legal name of student), ___________________________(school name), are inaccurate, misleading or in violation of the privacy rights of my child.

The official education records which I believe are inaccurate, misleading or in violation of the privacy or other rights of my child are:

______________________________________________________________________________

The reason I believe such records are inaccurate, misleading or in violation of the privacy or other rights of my child is:

______________________________________________________________________________

My relationship to the child is: ____________________________________________________

I understand that I will be notified in writing of the time and place of the hearing; that I will be notified in writing of the decision; and I have the right to appeal the decision by so notifying the hearing officer in writing within ten days after my receipt of the decision or a right to place a statement in my child’s record stating I disagree with the decision and why.

________________________________________
(Signature)

Date: ___________________________________

Address:_________________________________

City:____________________________________

State:______________________ZIP__________

Phone Number: ___________________________

dawn.gibson.cm… Fri, 06/21/2024 - 11:36

506.01E4 - Request for Examination of Education Records

To: ________________________________________Address: ___________________________
Board Secretary (Custodian)

The undersigned desires to examine the following official education records:

______________________________________________________________________________

Of __________________________________, ________________________________________
(Full Legal Name of Student) (Date of Birth) (Grade)

______________________________________________________________________________
(Name of School)

My relationship to the student is: ___________________________________________________

(check one)

_______I do

_______I do not

desire a copy of such records. I understand that a reasonable charge may be made for the copies.

___________________________________________
(Parent’s Signature)

APPROVED: Date:___________________________________

Address:________________________________

Signature:_______________________ City:___________________________________

Title:___________________________ State:______________ZIP:_________________

Dated:______________ ____________ Phone Number:___________________________

dawn.gibson.cm… Fri, 06/21/2024 - 11:38

506.01E5 - Notification of Transfer of Education Records

To: ____________________________________________Date:__________________________

Parent/Guardian

Street Address:____________________________________________________________

City/State_____________________________________________ZIP:________________

Please be notified that copies of the Bennett Community School District office education records concerning ____________________________, (full legal name of student) have been transferred to:

__________________________________________ _________________________________
School District Name Address

Upon the written statement that the student intends to enroll in said school system.

If you desire a copy of such records furnished, please check here _____ and return this form to the undersigned. A reasonable charge will be made for copies.

If you believe such records transferred are inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, you have the right to a hearing to challenge the contents of such records.

____________________________
(Name)

____________________________
(Title)

dawn.gibson.cm… Fri, 06/21/2024 - 11:39

506.01E6 - Letter to Parent Regarding Receipt of a Subpoena

Date

Dear (Parent) __________:

This letter is to notify you that the Bennett Community School District has received a ___(subpoena or court order) ____ requesting copies of your child’s educations records. The specific records requested are

_____________________________________________________________________________.

The school district has until___ (date on subpoena or court order) ___to deliver the documents to ____(requesting party on subpoena or court order) _______. If you have any questions, please do not hesitate to contact me at __ (phone #) __.

Sincerely,

(Principal or Superintendent)

dawn.gibson.cm… Fri, 06/21/2024 - 11:40

506.01E7 - Juvenile Justice Agency Information Sharing Agreement

Statement of Purpose: The purpose of this Agreement is to allow for the sharing of information among the School District and the Agencies prior to a student’s adjudication in order to promote and collaborate to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of school suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions which provide structured and well supervised educational programs supplemented and coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and to support students in successfully completing their education.

Identification of Agencies: This agreement is between Bennett Community School District (hereinafter “School District”) and including Department of Human Services, Juvenile Court Services, but not limited to, and local Law Enforcement (hereinafter “Agencies”).

Statutory Authority: This agreement implements Iowa Code §280.25 and is consistent with 34 C.F.R. 99.38.

Parameters of Information Exchange:

The School District may share any information with the Agencies contained in a student’s permanent record which is directly related to the juvenile system’s ability to effectively serve the student.
Prior to adjudication information contained in the permanent record may be disclosed by the school district to the Agencies without parental consent or court order.
Information contained in a student’s permanent record may be disclosed by the School District to the Agencies after adjudication only with parental consent or a court order.
Information shared pursuant to the agreement is used solely for determining the programs and services appropriate to the needs of the student or student’s family or coordinating the delivery of programs and services to the student or student’s family.
Information shared under the agreement is not admissible in any court proceedings which take place prior to a disposition hearing, unless written consent is obtained from a student’s parent, guardian, or legal or actual custodian.
Information obtained by the school from other juvenile justice agencies may not be used as the basis for disciplinary action of the student.
This agreement only governs a school district’s ability to share information and the purposes for which that information can be used. Other agencies are bound by their own respective confidentiality policies.

Records’ Transmission: The individual requesting the information should contact the principal of the building in which the student is currently enrolled or was enrolled. The principal will forward the records within a reasonable time following receipt of the request.

Confidentiality: Confidential information shared between the Agencies and the school district will remain confidential and will not be shared with any other person, unless otherwise provided by law. Information shared under the agreement is not admissible in any court proceedings which take place prior to a disposition hearing, unless written consent is obtained from a student’s parent. Agencies or individuals violating the terms of this agreement subject their entity represented and themselves personally to legal action pursuant to federal and state law.

Amendments: This agreement constitutes the entire agreement among the agencies with respect to information sharing. Agencies may be added to this agreement at the discretion of the school district.

Term: This agreement is effective from

Termination: The School District may discontinue information sharing with an Agency if the School District determines that the Agency has violated the intent or letter of this Agreement.

APPROVED:

Signature:____________________________ Address:_____________________________

Title:________________________________ City:________________________________

Agency:_____________________________ State:__________________ZIP___________

Dated:______________________________ Phone Number:________________________