The Diagonal Community School District will provide equal opportunity to employees and applicants for employment in accordance with applicable equal employment opportunity and affirmative action laws, directives and regulations of federal, state and local governing bodies. Opportunity to all employees and applicants for employment includes hiring, placement, promotion, transfer or demotion, recruitment, advertising or solicitation for employment, treatment during employment, rates of pay or other forms of compensation, and layoff or termination. The school district will take affirmative action in major job categories where women, men, minorities and persons with disabilities are underrepresented. Employees will support and comply with the district's established equal employment opportunity and affirmative action policies. Employees will be given notice of this policy annually.

The board will appoint an affirmative action coordinator. The affirmative action coordinator will have the responsibility for drafting the affirmative action plan. The affirmative action plan will be reviewed by the board at least every two years.

Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply. In employing individuals, the board will consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, national origin, religion, age, sexual orientation, gender identity or disability. In keeping with the law, the board will consider the veteran status of applicants. 

Prior to final offer of employment the school district will perform the background checks required by law. Based upon the results of the background checks, the school district will determine whether an offer will be extended. If the candidate is a teacher who has an initial license from the BOEE, then the requirement for a background check is waived. The district will perform repeat background checks on applicable employees as required by law. 

Advertisements and notices for vacancies within the district will contain the following statement: "The Diagonal Community School District is an EEO/AA employer." The statement will also appear on application forms. 

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Diagonal Community School District, 403 West 2nd St, Diagonal, Iowa 50854 ; or by telephoning 641-734-5331. 

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Equal Employment Opportunity Commissions, Milwaukee Area Office, Reuss Federal Plaza, 310 West Wisconsin Ave., Suite 800, Milwaukee, WI., 53203-2292, (800) 669 - 4000 or TTY (800) 69 - 6820.

http://www.eeoc.gov/field/milwaukee/index.cfm(https://simbli.eboardsolutions.com/SU/r0Jeq0wk3oxLplusDIMeI wgslshw==) or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281- 4121 or 1-800-457-4416, http://www.state.ia.us/government/crc/index.html(https://simbli.eboardsolutions.com/SU/QKVslshDGdh2ADB8n2 NDo5QHQ==) . This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level. 

Further information and copies of the procedures for filing a complaint are available in the school district's central administrative office and the administrative office in each attendance center.

NOTE: This is a mandatory policy and reflects the law. The district must perform an initial background check on all employees 18 years of age and older. For some licensed employees, background checks must be performed every five years. 

Legal Reference: 29 U.S.C. §§ 621-634.; 42 U.S.C. §§ 2000e et seq.. 42 U.S.C. §§ 12101 et seq.. Iowa Code Chs. 19B; 20; 35C; 73; 216; §§ 279.8; 281 I.A.C. r. 12.4; Ch. 95.

Cross Reference:

102 Equal Educational Opportunity

403.5 Harassment

405.2 Licensed Employee Qualifications, Recruitment, Selection

411.2 Classified Employee Qualifications, Recruitment, Selection

Approved   9-21-11     Reviewed 2-21-19, 11-21-19, 5-18-22        Revised 11-21-19, 5-18-22

01568325-1\20131-005

Employees' use of their position with the school district for financial gain other than for salary lawfully earned is considered a conflict of interest with their position as employees and may subject employees to disciplinary action. 

Employees have access to information and a captive audience that could award the employee personal or financial gain.  No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the superintendent.  If the approval of the superintendent is given, the employee must conduct the solicitations within the conditions set by the superintendent.  Further, the superintendent may require the employee to cease such solicitations as a condition of continued employment. 

Employees will not act as an agent or dealer for the sale of textbooks or other school supply companies doing business with the school district.  Employees will not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents.  Employees will not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school district. 

It will also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities.  In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist will include, but not be limited to, any of the following: 

(1) The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district's badge, uniform, business card or other evidences of office to give the employee or the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public.  For purposes of this section, a person is not "similarly situated" merely by being related to an employee who is employed by the school district. 

(2) The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district. 

(3) The outside employment or activity is subject to the official control, inspection, review, audit or enforcement authority of the employee during the performance of the employee's duties. 

If the outside employment or activity is employment or activity in (1) or (2) above, the employee must cease the employment of or activity.  If the activity or employment falls under (3), then the employee must: 

• Cease the outside employment or activity; or, 
• Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity.  Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity. 

When procurement is supported by Federal Child Nutrition funds, employees will not participate in the selection, award, or administration of a contract if there is a real or apparent conflict of interest in the contract.  Contract, for purposes of this paragraph, includes a contract where the employee, employee’s immediate family, partner, or a non-school district employer of these individuals is a party to the contract. 

It is the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.  Employees may also be subject to disciplinary action for engaging in any activity that is or creates a conflict of interest. 

Approved 10-17-10                   Reviewed  2-21-19, 5-18-22                    Revised     2-21-19, 5-18-22

More than one family member may be an employee of the school district. It is within the discretion of the superintendent to allow one family member employed by the school district to supervise another family member employed by the school district. The employment of more than one individual in a family is on the basis of their qualifications, credentials and records.

Legal Reference:  Iowa Code Chs. 20; 71; §§ 277.27; 279.8.

Cross Reference:

405.2  Licensed Employee Qualifications, Recruitment Selection

411.2  Classified Employee Qualifications, Recruitment Selection

Approved 6/20/05        Reviewed 8/18/10  2-21-19, 5/18/22          Revised   5/16/05

Complaints of employees against fellow employees should be discussed directly between employees as appropriate for the nature of the complaint.  Complaints should be made in a constructive and professional manner.  Complaints should generally not be made in the presence of other employees, students or outside persons.If the complaint cannot be resolved, the employee may discuss the matter with their immediate supervisor. 

If the matter cannot be resolved within 7 days of speaking with the immediate supervisor, the employee may discuss it with the principal within 7 days of the supervisor's decision.  If the matter cannot be resolved by the principal, the employee may discuss it with the superintendent within 7 days after speaking with the principal. 

If the matter is not satisfactorily resolved by the superintendent, the employee may ask to have the matter placed on the board agenda of a regularly scheduled board meeting in compliance with board policy.  The board retains discretion as to whether to consider or take action on any complaint. 

This policy is designed to create an appropriate process for pursuing general employee complaints.  However, employees wishing to address a complaint on a topic with a more specialized procedure such as master contract grievances, or bullying or harassment claims should follow the appropriate process set forth in the master contract, employee handbook or other board policies specific to that topic. 

NOTE: Boards should adapt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.).  

NOTE:  There should be reasonable limits on the number of days an employee has to pursue a complaint.  Cross reference with the number of days listed in policy 502.4 for consistency. 

Legal Reference:       Iowa Code §§ 20; 279.8 

Cross Reference:       210.8    Board Meeting Agenda

Approved 6/20/05                      Reviewed 8/18/20  2-21-19, 1/19/22, 5/18/22            Revised   2-21-19, 1/1/2022, 5/18/22 

The board recognizes and appreciates the service of its employees. Employees who retire or resign may be honored by the board, administration and staff in an appropriate manner.

If the form of honor thought appropriate by the administration and employees involves unusual expense to the school district, the superintendent will seek prior approval from the board.

Legal Reference: 

Iowa Const. Art. III, § 31.

Iowa Code § 279.8. 

Cross Reference:

407 Licensed Employee Termination of Employment

413 Classified Employee Termination of Employment

Approved 6/20/05       Reviewed  8/18/10  2-21-19, 5/18/22       Revised   5/16/05

Employees will not engage in political activity upon property under the jurisdiction of the board. Activities including, but not limited to, posting of political circulars or petitions, the distribution of political circulars or petitions, the collection of or solicitation for campaign funds, solicitation for campaign workers, and the use of students for writing or addressing political materials, or the distribution of such materials to or by students are specifically prohibited.

Violation of this policy may be grounds for disciplinary action.

Legal Reference: Iowa Code Ch. 55; § 279.8.

Cross Reference:

409.5 Licensed Employee Political Leave

Approved 6/20/05       Reviewed 8/18/10  2-21-19, 5/18/22       Revised   5/16/05

The board believes the district has an interest in maintaining an orderly and effective work environment while balancing employees First Amendment rights to freedom of expression and diverse viewpoints and beliefs.  When employees speak within their official capacity, their expression represents the district and may be regulated.  The First Amendment protects a public employee’s speech when the employee is speaking as an individual citizen on a matter of public concern.  Even so, employee expression that has an adverse impact on district operations and/or negatively impacts an employee’s ability to perform their job for the district may still result in disciplinary action up to and including termination.

Employees who use social media platforms are encouraged to remember that the school community may not be able to separate employees as private citizens, from their role within the district.  Employee expression on social media platforms that interferes with the district’s operations or prevents the district from functioning efficiently and effectively may be subject to discipline up to and including termination.

A district employee who acts to protect a student for engaging in free expression or who refuses to infringe on students engaging in free expression; and who is acting within the scope of their professional ethics will not be retaliated against or face any adverse employment action based on their behavior provided that expression is otherwise permitted by law and board policy. 

If the board or court finds an employee that is subject to licensure, certification or authorization by the Board of Educational Examiners discriminated against a student or other co-employee, the board will refer the employee to the Board of Educational Examiners for additional proceedings as required by law and which may result in discipline up to and including termination.

Note:  This is a mandatory policy required by Iowa Code ch. 279.73.

Legal Reference:         U.S. Const. Amend. I

                                    Iowa Code §§ 279.73; 280.22

Cross Reference:        502.3    Student Expression

                                    504.3    Student Publications

Approved 9-15-2021                                               Reviewed 9-15-2021                                                     Revised 9-15-2021                      

Legal Reference:

Iowa Code chs. 20; 21; 22; 91B. 

Cross Reference:

402.1 Release of Credit Information

403 Employees' Health and Well-Being

708 Care, Maintenance and Disposal of School District Records

Approved  6/20/05                     Reviewed 8/18/10  2-21-19 5/18/22        Revised 2-21-19, 5/18/22

In compliance with state law and to provide protection to victims of child abuse, the board believes incidents of alleged child abuse should be reported to the proper authorities. All licensed school employees, teachers, coaches and paraeducators are mandatory reporters as provided by law and are to report alleged incidents of child abuse they become aware of within the scope of their professional duties

When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter shall make an oral report of the suspected child abuse to the Iowa Department of Human Services within 24 hours of becoming aware of the abusive incident and shall make a written report to the Iowa Department of Human Services within 48 hours following the oral report. If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency will also be notified. 

Within six months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse, or submit evidence they’ve taken the course within the previous three years.  After July 1, 2019, employees who have previously taken mandatory reporter training will be required to take the two-hour training course before the expiration of their current training certificate.  Once the training course has been taken, the certificate will remain valid for three years.  Employees who have taken the post-July 1, 2019 two-hour training course will take the one-hour follow up training course every three years and prior to the expiration of their certificate.

NOTE:  All mandatory reporter training certificates issued prior to July 1, 2019 remain effective for five years.  Once this certificate expires, subsequent training certificates will be valid for three years. 

NOTE: For more information, please visit the “Report Abuse and Fraud” section of the Iowa Department of Human Services’ website, located at http://dhs.iowa.gov/report-abuse-and-fraud.

NOTE: Please remember there are two types of reporters identified in Iowa law: mandatory reporters and permissive reporters. Mandatory reporters are those individuals who are required by law to report suspected incidents of child abuse when they become aware of such incidents within the scope of their employment or professional responsibilities. Permissive reporters are not required by law to report abuse, but may choose to report to the Iowa Department of Human Services. While all licensed school employees, teachers, coaches and paraeducators are mandatory reporters within the scope of their profession, they are considered permissive reporters outside the scope of their profession.

Legal Reference:

Iowa Code §§ 232.67-.77; 280.17; Chs. 232A; 235A

441 I.A.C. 9.2; 155; 175.

Cross Reference:

402.3 Abuse of Students by School District Employees

502.9 Interviews of Students by Outside Agencies

507 Student Health and Well-Being

Approved 10-20-03    Reviewed 6-19-12  2-21-19  5/18/22.    Revised  5/18/22

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

• Contributions to a candidate or a candidate's committee;
• Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;
• Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
• An inheritance;
• Anything available or distributed to the general public free of charge without regard to the official status of the employee;
• Items received from a charitable, professional, educational or business organization to which the employee belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;
• Actual expenses of an employee for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
• Plaques or items of negligible resale value given as recognition for public service;
• Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;
• Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;
• Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
• Funeral flowers or memorials to a church or nonprofit organization;
• Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;
• Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or
• Gifts other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee.
• Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions. The costs of food, drink, lodging and travel are not "registration costs" under this paragraph. Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or
• public employee in the performance of the person's official functions" under this paragraph.

• Actual expenses of an employee for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
• A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or
• A payment made to an employee for services rendered as part of a private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee of the district, but, rather, because of some special expertise or other qualification.

The board believes the primary responsibility of employees is to the duties of their position within the school district as outlined in their job description. The board considers an employee's duties as part of a regular, full-time position as fulltime employment. The board expects such employees to give the responsibilities of their positions in the school district precedence over any other employment.

It is the responsibility of the superintendent to counsel 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 within the school district.

The board may request the employee to cease the outside employment as a condition of continued employment with the school district.

Legal Reference: Iowa Code §§ 20.7; 279.8

Cross Reference:

401.2 Employee Conflict of Interest

408.3 Licensed Employee Tutoring

Approved 10-20-03       Reviewed 6-19-2012  2-21-19   5/18/22       Revised. 5/18/22

Legal Reference: 29 C.F.R. Pt. 1910.1030. Iowa Code §§ 20.9; 279.8, 321.376. 281 I.A.C. 43.15 -.20.

Cross Reference: 403 Employees' Health and Well-Being

Approved 10-20-03      Reviewed 6-19-2012  2-21-19  5/18/22      Revised 3-19-07, 5/18/22

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

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

Licensed employees will be required to:

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

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

NOTE: There is no legal requirement that probationary employees be evaluated twice a year, but it is the standard practice. School districts that utilize a different practice need to amend the fourth paragraph to reflect this.

NOTE: Boards should adapt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.).

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: 5/18/22              Reviewed: 5/18/22                Revised: 5/18/22              

The first three years of a new 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 year-end or discharge the employee in concert with corresponding board policies.

Licensed employees may also serve a probationary period based upon their performance. Such probationary period is determined on a case-by-case basis in light of the circumstances surrounding the employee's performance as documented in the employee's evaluations and personnel file. 

Legal Reference:

Iowa Code §§ 279

Cross Reference: 

405.4 Licensed Employee Continuing Contracts 

405.8 Licensed Employee Evaluation 

Approved 11-17-03    Reviewed  8-21-12  2-20-019  5/18/22      Revised 2-19-20

The board will establish salary schedules for licensed employees' positions keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other factors deemed relevant by the board.

It is the responsibility of the superintendent to make a recommendation to the board annually regarding the salary schedule. The salary schedule is subject to review and modification through the collective bargaining process.

Legal Reference:

Iowa Code §§ 20.1, .4, .7, .9; 279.8.

Cross Reference:

405 Licensed Employees -General

406.2 Licensed Employee Salary Schedule Advancement

Approved 11-17-03        Reviewed  8-21-12, 2-21-19, 10-22-20, 9-15-21, 5/18/22      Revised 2-21-19, 5/18/22

The superintendent will determine which licensed employees will advance on the salary schedule, 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 approve reduction points for the advancement of licensed employees on the salary schedule.

Legal Reference:

Iowa Code §§ 20.1, .4, .7, .9; 279.8.

Cross Reference:

405 Licensed Employees -General

406 Licensed Employee Compensation and Benefits

Approved 11-17-03      Reviewed  8-21-12  2-21-19  5/18/22      Revised 2-21-19, 5/18/22

The board authorizes the superintendent & business manager to make a payroll deduction for licensed employees' tax sheltered annuity premiums purchased from any company authorized by Iowa law.

Licensed employees wishing to have payroll deductions for tax sheltered annuities will make a written request to the superintendent.

Legal Reference:

Iowa Code §§ 260C; 273; 294.16.

Cross Reference:

706 Payroll Procedures

Approved 11-17-03      Reviewed 8-21-12  2-19-20  5/18/22       Revised 2-19-20, 5/18/22

A licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the board (21 days from date issued) 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.

The board may require an individual who has resigned from an extracurricular contract to accept the resigned position for only the subsequent school year when the board has made a good faith effort to find a replacement and the licensed employee is continuing to be employed by the school district.

Legal Reference:

Iowa Code §§ 91A.2, .3, .5; 279.13, .19A

Cross Reference:

405.3 Licensed Employee Individual Contracts

405.4 Licensed Employee Continuing Contracts

407 Licensed Employee Termination of Employment

Approved 11-17-03     Reviewed 8-21-12  02-21-19  5/18/22   Revised. 5/18/22

Approved 12-19-03           Reviewed  8-21-12  2-21-19   5-18-22           Revised 8-21-12, 5-18-22

The board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills. The board will maintain and support an in-service program for licensed employees.

Requests for attendance or participation in a development program, other than those development programs sponsored by the school district, is made to the superintendent. Approval of the superintendent must be obtained prior to attendance by a licensed employee in a professional development program when the attendance would result in the licensed employee being excused from their duties or when the school district pays the expenses for the program.

The superintendent will have sole discretion to allow or disallow licensed employees to attend or participate in the requested event. When making this determination, the superintendent will consider the value of the program for the licensed employee and the school district, the effect of the licensed employee's absence on the education program and school district operations and the school district's financial situation as well as other factors deemed relevant in the judgment of the superintendent. Requests that involve unusual expenses or overnight travel must also be approved by the board.

Approved  12-19-03                 Reviewed 8-21-12  2-21-19  5/18/22       Revised  2-19-20, 5/18/22

Materials created by licensed employees and the financial gain there from are the property of the school district if school materials and time were used in their creation and/or such materials were created in the scope of the licensed employee's employment. The licensed employee must seek prior written approval of the superintendent concerning such activities.

Approved 12-19-03      Reviewed  8-21-12  2-21-19  5-18-22.           Revised. 5-18-22

Every effort will be made by the licensed employees to help students with learning problems before recommending that the parents engage a tutor. Since there are exceptional cases when tutoring will help students overcome learning deficiencies, tutoring by licensed employees may be approved by the superintendent.

Licensed employees may only tutor students other than those for whom the teacher is currently exercising teaching, administrative or supervisory responsibility unless approved by the superintendent.

Tutoring for a fee may not take place within school facilities or during regular school hours unless approved by the superintendent.

Approved 12-19-03     Reviewed 8-21-12  2-21-19 5-18-22.    Revised

The board will determine the amount of vacation and holidays,  that will be allowed on an annual basis for employees.

It is the responsibility of the superintendent to make a recommendation to the board annually on vacations and holidays for employees.

Approved 12-19-03                   Reviewed 8-21-12, 2-21-19, 8/12/20,5/18/22                    Revised 2-21-19, 8/12/20

The board will offer the following leave to full-time regular licensed employees:

• Personal Illness (Sick) Leave – Leave for employee’s medically-related disability or illness
• Emergency Leave - Leave to care for a sick member of the employee’s immediate family, to mourn the loss of a family member or close friend, or for an employee who legally adopts a child.
• Personal Business Leave – Leave to accomplish personal business that cannot be conducted outside the work day
• Jury Duty Leave – Leave to be excused for jury duty
• Military Leave – Leave for military service, including the national guard
• Political Leave – Leave to run for elective public office

The board will offer the following leave to full-time regular classified employees:

• Personal Illness (Sick) Leave – Leave for medically-related disability or illness
• Emergency Leave_- Leave to care for a sick member of the employee’s immediate family, to mourn the loss of a family member or close friend, or for an employee who legally adopts a child.
• Personal Business Leave – Leave to accomplish personal business that cannot be conducted outside the work day
• Jury Duty Leave – Leave to be excused for jury duty
• Military Leave – Leave for military service, including the national guard
• Political Leave – Leave to run for elective public office

The provisions of each leave offering will be detailed in the Employee Handbook and in the Master Contract for licensed employees.

Leave offered by the district will not be less than what is required by law. In the event of an emergency or unforeseen circumstance, the superintendent may authorize additional paid leave.

Legal Reference:        

• 29 U.S.C. §§ 2601 et seq.
• Pub.L. 116–127
• 29 C.F.R. §§ 825; 826.
• Iowa Code §§ 20; 29A; 55; 85; 216; 279.40; 607A.
• Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
• Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

Cross Reference:       

• 403.2    Employee Injury on the Job
• 409.3    Licensed Employee Family and Medical Leave

Approved: 8-16-04    Reviewed: 8-21-12, 2-21-19, 8/12/20, 5/18/22        Revised: 8/12/20

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as a one contract year.  Requests for family and medical leave will be made to the superintendent. 

Employees may be required to use paid leave concurrently with family and medical leave.  Paid leave includes, but is not limited to, sick, emergency, vacation and personal. Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.  It is the responsibility of the superintendent to develop administrative rules to implement this policy. 

NOTE:  This policy is consistent with federal law regarding family and medical leave.  The links below are to applicable forms on the U.S. Department of Labor Web site.

Links: 

https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)

• WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)
• WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
• WH-382 Designation Notice (PDF)
• WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)

WH-385 Certification for Serious Injury or Illness of Covered Servicemember -- for Military Family Leave (PDF)

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).

• 409.2 Licensed Employee Personal Illness Leave

Approved 8-16-04                     Reviewed 8-21-12, 2-21-19, 8/12/20, 5/18/22                    Revised 2-21-19, 8/12/20

The board recognizes the need for substitute teachers. Substitute teachers shall be licensed to teach in Iowa. 

It shall be the responsibility of the building principal to maintain a list of substitute teachers who may be called upon to replace regular contract licensed employees. Individuals whose names do not appear on this list will not be employed as a substitute without specific approval of the superintendent. It shall be the responsibility of the building principal to fill absences with substitute teachers immediately. 

Substitute teachers will be paid at a rate set by the Board of Directors. Substitutes employed for 10 or more consecutive days in the same position shall be paid at the teacher base rate per diem, for the remaining days of  service. Substitute licensed employees are expected to perform the same duties as the licensed employees.  

Approved  8-16-04    Reviewed  8-21-12  2-21-19  5/18/22       Revised   11-16-09, 5/18/22

It is within the discretion of the board to offer an education program during the summer recess. Licensed employees who volunteer or who are appointed to deliver the summer education program are compensated in addition to their regular duties during the school academic year, unless such arrangements are made prior to determining the employee's compensation for the year.

Should the board determine a summer education program is necessary, licensed employees will be given the opportunity to volunteer for the positions available. If the board determines a course must be offered and no licensed employee volunteers for the position, the board will make the necessary arrangements to fill the position. The board will consider applications from volunteers of current licensed employees in conjunction with other applications. 

It 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.

Approved   8-16-04    Reviewed  8-21-12  2-21-19  5/18/22.    Revised

The board may appoint a licensed employee or the building principal from each school building to serve as the building's truancy officer.

The principal will notify the truancy officer when a student is truant. The truancy officer will investigate the cause of a student's truancy and attempt to ensure the student's attendance. The truancy officer may take the student into custody. A student taken into custody will be placed in the custody of the principal. The truancy officer will attempt to contact the student's parents when the student is taken into custody.

Legal Reference: Iowa Code §§ 299.10-.11, .15.

Cross Reference: 501.10 Truancy -Unexcused Absences

Approved   8-16-04     Reviewed   8-21-12  2-21-19  5/18/22       Revised

The board may employ education aides or other instructional support personnel to assist licensed personnel in nonteaching duties, including, but not limited to:

• managing and maintaining records, materials and equipment;
• attending to the physical needs of children; and
• performing other limited services to support teaching duties when such duties are determined and directed by the teacher.

Education aides who hold a teaching certificate are compensated at the rate of pay established for their position as an education aide. It is the responsibility of the principal to supervise education aides.

Legal Reference: 

Iowa Code §§ 279.8; 280.3, .14.

281 I.A.C. 12.4(9); .5(9).

Cross Reference:

411.2Classified Employee Qualifications, Recruitment, Selection

Approved   8-16-04    Reviewed 8-21-12  2-21-19  5/18/22         Revised

Classified employees are employees who are not administrators or employees in positions which require an Iowa Department of Education teaching license and who are employed to fulfill the duties listed on their job description on a monthly or hourly basis. Classified employees will include, but not be limited to, teacher and classroom aides, custodial and maintenance employees, clerical employees, food service employees, bus drivers, and temporary help for summer or other maintenance. The position may be full-time or part-time. 

It is the responsibility of the superintendent to establish job specifications and job descriptions for classified employee positions. 

Classified employees required to hold a license for their position must present evidence from the State of Iowa Department of Education of their current license to the board secretary prior to payment of wages each year. 

Approved  8-16-04     Reviewed  7-17-12  2-21-19  5/18/22        Revised   3-19-07

Approved    8-16-04          Reviewed  7-17-12  2-21-19  5-18-22            Revised 2-16-09, 5-18-22

Classified employees who require a special license or other certification will keep them current at their own expense. Licensing requirements needed for a position will be considered met if the employee meets the requirements established by law and by the Iowa Department of Education for the position.

Approved   8-16-04    Reviewed   7-17-12  2-21-19  5/18/22.         Revised. 5/18/22

Determining the assignment of each classified employee is the responsibility of the superintendent and within the sole discretion of the board. In making such assignments each year the superintendent will consider the qualifications of each classified employee and the needs of the school district.

It is the responsibility of the superintendent to assign classified employees.

Approved   8-16-04     Reviewed 7-17-12  2-21-19    Revised

Determining the location where a classified employee's assignment will be performed is the responsibility of the superintendent and within the sole discretion of the board. In making such assignments each year the superintendent will consider the qualifications of each classified employee and the needs of the school district.

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

It is the responsibility of the superintendent to transfer classified employees and report such transfers to the board.

Approved   9-20-04   Reviewed  7-17-12  2-21-19  5/18/22          Revised. 5/18/2022

The first 180 days of a newly employed classified employee's contract is a probationary period. "Day" is defined as one work day regardless of full-time or part-time status of the employee. New employees, regardless of experience, are 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 agreements are being issued.

Only the board, in its discretion, may waive the probationary period.

Approved   9-20-04    Reviewed 7-17-12  2-21-19  5/18/2022.       Revised    7-17-12

Approved   9-20-04    Reviewed  7-17-12  2-21-19, 9-15-21, 5/18/22     Revised 9-15-21, 5/18/22

The board authorizes the administration to make a payroll deduction for classified employees' tax sheltered annuity premiums purchased from any company authorized by Iowa law.

Classified employees wishing to have payroll deductions for tax sheltered annuities will make a written request to the superintendent.

Approved   9-20-04                   Reviewed 7-17-12    2-21-19    5/18/2022                Revised 2-21-19

Classified employees who wish to resign during the school year will give the board notice of their intent to resign and final date of employment and cancel their agreement 2 weeks prior to their last working day.

Notice of the intent to resign will be in writing to the superintendent.

Approved   9-20-04    Reviewed  7-17-12  2-21-19  5/18/22        Revised   7-17-12, 5/18/22

The board believes classified employees should perform their jobs, respect board policy and obey the law. A classified employee may be dismissed upon thirty days notice or immediately for cause. Due process procedures will be followed.

It is the responsibility of the superintendent to make a recommendation for dismissal to the board. A classified employee may be dismissed for any reason, including, but not limited to, incompetence, willful neglect of duty, reduction in force, willful violation of board policy or administrative regulations, or a violation of the law.

Approved   9-20-04     Reviewed 7-17-12  2-21-19  5/18/22      Revised. 5/18/2022

It is the exclusive power of the board to determine when a reduction in classified employees is necessary.  Employees who are terminated will be notified immediately and the agreed upon date and time of termination will be the decision of the building or district administrator

It is the responsibility of the superintendent to make a recommendation for termination to the board. The superintendent will consider the relative qualifications, skills, ability and demonstrated performance through evaluation procedures in making the recommendations.

Approved   9-20-04   Reviewed  7-17-12  2-21-19  5/18/2022       Revised

Professional purposes leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments.  Application for the leave must be presented to the superintendent 2 days prior to the meeting or conference. 

It is within the discretion of the superintendent to grant professional purposes leave.  The leave may be denied on the day before or after a vacation or holiday, on special days when services are needed, when it would cause undue interruption of the education program and school district operations, or for other reasons deemed relevant by the superintendent. 

Approved    9-20-04       Reviewed 7-17-12,  2-21-19, 8/12/20, 5/18/22      Revised 8/12/2020