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

 

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

 

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:             

 

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:             

 

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

 

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:             

 

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:             

 

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:             

 

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:             

 

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

 

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:             

 

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

 

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:             

 

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:             

 

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:             

 

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

 

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:             

 

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:             

 

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

 

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

 

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:             

 

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.

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 if the following has not been completed:

(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:             

 

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:             

 

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:             

 

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.

 

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

 

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:             

 

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:             

 

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:             

 

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

 

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

 

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:

1. The grievance officer shall confer with the charging party in order to obtain a clear understanding of that party’s statement of the facts.
2. The grievance officer shall then attempt to meet with the charged party in order to obtain his or her response to the complaint.
3. The grievance officer may hold as many meetings with the parties as is necessary to gather facts.
4. 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:             

 

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.

1. 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.
2. 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.

1. Set performance standards and document reactions of the employee.  Establish follow-up procedure with the employee.
2. Request the employee seek professional assistance.  Do not try to treat problems you know little about.  Recommend professional help centers if necessary.
3. 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.
4. If problems persist, consult the employee’s counselor, if there is one who is known to the administrator.
5. As a last resort, consider termination.
6. Throughout, observe as much confidentiality as possible.

Once the employee has returned to the job:

1. Both the employee and employer might feel apprehensive.
2. Expect improvement from previous conditions, be it immediate or slow.
3. Work toward an “out front” relationship, so as to not pass over poor performance because of sympathy; encourage and reinforce.
4. 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.
5. 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:             

 

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

 

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

 

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.

 

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:

1. The educator has a right to be licensed and endorsed under professional standards established and enforced by the board.
2. 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).
3. 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:

1. The educator has a responsibility to maintain and improve the educator’s professional competence.
2. The educator has a responsibility to accept only those assignments for which the educator is legally authorized.
3. The educator has a responsibility to provide conditions that are conducive to teaching and student learning.
4. The educator shall protect students from conditions harmful to learning or to health or safety.
5. 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.
6. The educator shall not use professional relationships with students for personal advantage.
7. 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.
8. The educator shall accord just and equitable treatment to all members of the profession.
9. 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.
10. 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.
11. 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.
12. The educator shall provide accurate, truthful, and complete information to the board and to the local education system concerning all licensure transactions.
13. The educator shall not refuse to participate in a professional inquiry, when requested by the board.
14. 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.
15. The educator shall not delegate assigned tasks to unqualified personnel.

 

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

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

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

 

 

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

 

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

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

 

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

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

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

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

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

 

 

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

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

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

 

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

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

This policy applies to licensed personnel other than administrators.

 

 

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

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

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

 

Contracts entered into with licensed employees, other than an administrator, will continue from year to year except as modified or terminated as provided by law.  The board may issue temporary and nonrenewable contracts in accordance with law. 

Licensed employees whose contracts will be recommended for termination by the board will receive due process as required by law.  The superintendent will make a recommendation to the board for the termination of the licensed employee’s contract.

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

 

 

Legal Reference:  Ar-We-Va Community School District v. Long and Henkenius, 292 N. W.2d 402 (Iowa 1980)
                                      Bruton v Ames Community School District, 291 N.W.2d 351 (Iowa 1980).
                                      Hartman v Merged Area VI Community College, 270 N.W.2d 822 (Iowa 1978).
                                      Keith v Community School District of Wilton in the Counties of Cedar and Muscatine, 262 N.W.2d 249 (Iowa 1978).
                                      Iowa Code §§272, 279.

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

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

 

The work day for licensed employees will begin each day of the school year at a time established by the superintendent.  Licensed employees who are employed only during the academic year will have the same work day as other licensed employees.  “Day” is defined as one work day regardless of full-time or part-time status of an employee.  On Fridays and days preceding holidays or vacation periods, the work day shall end fifteen (15) minutes after the students are dismissed.

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

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

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

 

 

Legal Reference:  Iowa Code §§ 20; 279.8.

Cross Reference:  200.2    Powers of the Board of Directors            

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

 

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

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

 

 

Legal Reference:  Iowa Code §§20; 279.8.

Cross Reference:  200.2    Powers of Board of Directors     

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

 

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

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

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

 

 

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

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

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

 

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

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

Licensed employees will be required to:

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

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

 

 

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

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

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

 

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

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

 

 

Legal Reference:  Iowa Code §§279

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

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

 

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

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

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

 

 

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

Cross Reference:  408    Licensed Personnel Professional Growth

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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:             

 

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

 

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

 

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:             

 

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

 

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

 

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:             

 

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

 

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

 

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

 

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:             

 

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

 

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

 

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:             

 

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

 

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

 

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:             

 

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:             

 

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:             

 

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:             

 

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:             

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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:             

 

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

 

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

 

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

 

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:             

 

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:             

 

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

 

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

 

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

 

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:             

 

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:             

 

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_________________

 

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:

 

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:             

 

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

 

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

 

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

 

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:             

 

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

 

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

 

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:             

 

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:             

 

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:             

 

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:             

 

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

 

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