400 - EMPLOYEES

400 - EMPLOYEES jen@iowaschool… Thu, 02/04/2021 - 09:43

400 - Role and Guiding Principles for Employees

400 - Role and Guiding Principles for Employees

This series of the board policy manual is devoted to the board's goals and objectives for employees in the performance of their jobs.  Employees provide a variety of important services for the children of the school district community.  They may be teaching or assisting in the classroom, working in the office, maintaining the facilities, driving or repairing the school buses, or cooking lunches.  Each employee plays a vital role in providing an equal opportunity for a quality education for students commensurate with the students' individual needs.  While the teachers have the most direct impact on the formal instruction of students, all employees have an impact on the school environment by their dedication to their work and their actions.  As role models for the students, employees will promote a cooperative, enthusiastic, and supportive learning environment for the students.

In striving to achieve a quality education program, the board's goal is to obtain and retain qualified and effective employees.  The board will have complete discretion to determine the number, the qualifications, and the duties of the positions and the school district's standards of acceptable performance.  It will be the responsibility of the superintendent to make recommendations to the board in these areas prior to board action.  The board recognizes its duty to bargain collectively with duly certified collective bargaining units.  To the extent a group of employees has a recognized collective bargaining unit, the provisions of the master contract regarding such topics will prevail.

Board policies in this series relating to general employees will apply to employees regardless of their position as a licensed employee, classified employee, substitute or administrator.  Board policies relating to licensed employees will apply to positions that require a teaching license or administrator's certificate or other professional license, certificate or endorsement, unless administrative positions are specifically excluded from the policy or a more specific policy is in the 300 series, Administration.  Classified employees' policies included in this series will apply to positions that do not fall within the definition of licensed employee.

 

 

Approved 11/1/2004                             Reviewed 07/18/2011                           Revised 05/20/2019

                                                                             07/18/2016                                     03/21/2022

                                                                             05/20/2019

                                                                             03/21/2022

 

 

dawn.gibson.cm… Thu, 02/04/2021 - 10:56

400.1 - Employee Procedures and Benefits Manual

400.1 - Employee Procedures and Benefits Manual

The Independence Community School District Board of Education is committed to an annual review of the Employee Procedures and Benefits Manual.  A manual committee will meet in the spring and can make recommendations to the board.  The committee may consist of administrators, directors, certified, and support staff members. If there is a conflict between a policy and the specific requirements of law, the district will follow the requirements of the applicable law. The district will adhere to any subsequent changes in State or Federal law, which may result in a change to the manual earlier than July 1.  The board will approve any updates to the Procedures and Benefits Manual.

 

Approved 06/17/2019                           Reviewed 06/17/2019                           Revised 03/21/2022

                                                                             03/21/2022

                                                                            

dawn.gibson.cm… Thu, 02/04/2021 - 10:58

401 - Employees and Internal Relations

401 - Employees and Internal Relations dawn.gibson.cm… Thu, 02/04/2021 - 11:02

401.01 - Employee Orientation

401.01 - Employee Orientation

 

Employees must know their role and duties.  New employees may be required to participate in an orientation program for new employees.  The employee's immediate supervisor will provide the new employee with a review of the employee's responsibilities and duties.  Payroll procedures and employee benefit programs and accompanying forms will be explained to the employee by the payroll clerk.  Regular employees ineligible for the school district's group health plan will be given information regarding where they can obtain health care or health care insurance.

 

 

Legal Reference:          Iowa Code §§ 20; 279.8 (2003).

                                    191 I.A.C. 74.

 

Cross Reference:          404      Employee Conduct and Appearance

                                    406      Licensed Employee Compensation and Benefits

                                    412      Classified Employee Compensation and Benefits

 

Approved:  11/01/2004

Reviewed:  08/20/2007, 07/18/2011, 07/18/2016

Revised:  03/21/2022

 

dawn.gibson.cm… Thu, 02/04/2021 - 11:02

401.02 - Equal Employment Opportunity

401.02 - Equal Employment Opportunity

The Independence 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 annually.

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, religion, sex, national origin, age, sexual orientation, gender identity or disability.  In keeping with the law, however, the board will consider the veteran status of the applicants.

Prior to a final offer of employment for any position, 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 may be 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 Independence Community School District is an equal employment opportunity/affirmative action (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, Independence Community School District, 1207 – 1st Street West, Independence, Iowa 50644; or by (319) 334-7400.

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) 669-6820. http://www.eeoc.gov/field/milwaukee/index.cfm or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, IA 50319-1004, Phone: 515-281-4121, Toll Free: 1-800-457-4416, http://www.state.ia.us/government/crc/index.htmlThis inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

 

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

 

 

Legal Reference:          29 U.S.C. §§ 621-634.

                                    42 U.S.C. §§ 2000e et seq.

                                    42 U.S.C. §§ 12101 et seq.

                                    Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8.

                                    281 I.A.C. 12.4; 95.

                                   

 

Cross Reference:          102      Equal Educational Opportunity

                                    106      Anti-Bullying/Harassment

                                    405.2   Licensed Employee Qualifications, Recruitment, Selection

                                    411.2   Classified Employee Qualifications, Recruitment, Selection

 

Approved:  06/19/2007

Reviewed:  07/18/2011, 03/21/2022

Revised:  04/26/2010, 11/18/2013, 03/21/2016, 09/21/2020, 02/20/2024

 

 

 

 

 

dawn.gibson.cm… Thu, 02/04/2021 - 11:06

401.03 - Employee Conflict of Interest

401.03 - Employee Conflict of Interest

Employees' use of their position with the school district for financial gain will be considered a conflict of interest with their position as employees and may subject employees to disciplinary action.

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

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 shall not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school district.

It 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 will be 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 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 will be the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.

 

Legal Reference:          7 C.F.R. 3016.36(3).

                                    Iowa Code §§ 20.7; 68B; 279.8; 301.28.

 

Cross Reference:          203      Board of Directors' Conflict of Interest

                                    402.4   Gifts to Employees

                                    402.7   Employee Outside Employment

                                    402.9   Solicitations from Outside

 

Approved:  11/01/2004

Reviewed:  08/20/2007, 07/18/2011

Revised:  09/21/2009, 11/21/2011, 07/18/2016, 03/21/2022

 

 

dawn.gibson.cm… Thu, 02/04/2021 - 11:48

401.04 - Nepotism

401.04 - Nepotism

More than one family member may be an employee of the school district.  It will 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 of more than one individual in a family will be on the basis of their qualifications, credentials and records.

 

 

Legal Reference:          Iowa Code §§ 20; 71; 277.27; 279.8 (2003).

 

Cross Reference:          405.2   Licensed Employee Qualifications, Recruitment Selection

                                    411.2   Classified Employee Qualifications, Recruitment Selection

 

 

 

Approved 11/1/2004                             Reviewed 08/20/2007                           Revised 03/21/2022

                                                                             07/18/2011

                                                                             07/18/2016

                                                                             03/21/2022

dawn.gibson.cm… Thu, 02/04/2021 - 11:53

401.05 - Employee Complaints

401.05 - Employee Complaints

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

 

The order of process:

 

  1. Notify Supervisor.
  2. Complete form.
  3. Assigned to an Investigator.
  4. Investigator reports to Superintendent.
  5. Superintendent files decision by report.

 

 

 

Legal Reference:          Iowa Code §§ 20; 279.8.

 

Cross Reference:          217.2   Board of Directors and Employees

                                    309      Communication Channels

 

 

Approved 11/1/2004                              Reviewed 08/20/2007                           Revised 05/20/2019

                                                                              07/18/2011                                       01/17/2022

                                                                             07/18/2016

                                                                            05/20/2019

                                                                            01/17/2022

                                                                            03/21/2022

 

dawn.gibson.cm… Thu, 02/04/2021 - 11:55

401.05E1 - Employee Complaint Form

401.05E1 - Employee Complaint Form

Date of complaint:                                                    ________________________________________________________________

Name of Complainant:                                             ________________________________________________________________

Are you filling out this form for yourself
or someone else (please identify the
individual if you are submitting on behalf
of someone else)                                                     ________________________________________________________________
                                                                                         ________________________________________________________________

Who or what entity is this complaint
against?                                                                    ________________________________________________________________

Date and place of alleged incident(s):           ________________________________________________________________
                                                                                       ________________________________________________________________
                                                                                       ________________________________________________________________

Name of any witnesses (if any):                          ________________________________________________________________

In the space below, please describe what happened.  Please be as specific as possible and attach additional pages if necessary.

___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________

 

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

Signature:  ________________________________________  Date:  ____________________________________

 

dawn.gibson.cm… Thu, 02/04/2021 - 11:56

401.6 - Employee Records

401.6 - Employee Records

 

The school district will maintain personnel records on employees.  The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.

The records will include, but not be limited to, records necessary for the daily administration of the school district, salary records, evaluations, application for employment, references, and other items needed to carry out board policy.  Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility.  Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.

Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee.  The school district may charge a reasonable fee for each copy.  However, employees will not be allowed access to the employment references written on behalf of the employee.  Board members will generally only have access to an employee's file when it is necessary because of an employee-related matter before the board.

It will be the responsibility of the superintendent to keep employees' personnel files current.  The board secretary will be the custodian of employee records.

It will be the responsibility of the superintendent to develop administrative regulations for the implementation of this policy.

 

 

Legal Reference:          Iowa Code chs. 20; 21; 22; 91B (2003).

                                    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:        402.1   Release of Credit Information

                                    403      Employees' Health and Well-Being

                                    708      Care, Maintenance and Disposal of School District Records

 

Approved:  11/01/2004

Reviewed:  08/20/2007, 07/18/2016, 03/21/2011, 03/21/2022, 06/19/2023

Revised:  03/21/2011, 03/21/2022, 06/19/2023

 

 

dawn.gibson.cm… Thu, 02/04/2021 - 12:05

401.6R1 - Employee Records Regulation

401.6R1 - Employee Records Regulation

Employee Personnel Records Content

1.      Employee personnel records may contain the following information:

  •      Personal information including, but not limited to, name, address, telephone number, emergency numbers,         birth date and spouse.
  •      Individual employment contract.
  •      Evaluations.
  •      Application, resume and references.
  •      Salary information.
  •      Copy of the employee's license or certificate, if needed for the position.
  •      Educational transcripts.
  •      Assignment.
  •      Records of disciplinary matters.

2.      Employee health and medical records may be kept in a file separate from the employee's personnel records.  Health and medical records may contain, but are not limited to:

  •      Medical professional signed physical form.
  •      Sick or long-term disability leave days.
  •      Worker's compensation claims.
  •      Reasonable accommodation made by the school district to accommodate the employee's disability.
  •      Employee's medical history.
  •      Employee emergency names and numbers.
  •      Family and medical leave request forms.

3.     The following are considered public personnel records available for inspection:

  •      The name and compensation of the individual, including any written agreement establishing compensation         or any other terms of employment, except for that information that is otherwise protected. “Compensation”           includes the value of benefits conferred including, but not limited to: casualty, disability, life or health                   insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments,                     retirement benefits and deferred compensation;
  •      The dates the individual was employed by the government body;
  •      The positions the individual holds or has held with the government body;
  •      The educational institutions attended by the individual, including any diplomas and degrees earned, and the       names of the individual’s previous employers, positions previously held and dates of previous employment;
  •      The fact that the individual resigned in lieu of termination, was discharged, or was demoted as a result of a         disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the         discharge, or the demotion.  “Demoted” or “demotion” mean a change of an employee from a position in a           given classification to a position in a classification having a lower pay grade; and;
  •      Personal information in confidential personnel records of government bodies relating to student employees         shall only be released pursuant to the Family Educational Privacy Rights Act (FERPA.)

Applicant File Records Content

Records on applicants for positions with the school district will be maintained in the central administration office.  The records will include, but not be limited to:

  •     Application for employment.
  •     Resume.
  •     References.
  •     Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.
  •     Affirmative action form, if submitted.

Record Access

Only authorized school officials will have access to an employee's records without the written consent of the employee.  Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary.  In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical file without the consent of the employee.  Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of board business.

Confidential records include, but are not necessarily limited to, birth dates, addresses, gender, employment applications, performance evaluations and individual test scores.

 

 

dawn.gibson.cm… Thu, 02/04/2021 - 12:12

401.7 - Employee Relations to the Administration and to the Board

401.7 - Employee Relations to the Administration and to the Board

 

Employees are encouraged to attend school board meetings.  Upon request by the board or administration, employees will be available to provide information and assist in providing recommendations to the board.  Employees will keep the board informed, through the administration, about educational trends and issues.  It will be the responsibility of the employees to keep the administration informed about the day-to-day occurrences in their work areas.

It will be the responsibility of the superintendent to develop avenues for communication between the board and employees.  These avenues of communication will not be construed as denying the right of any employee to appeal an action or decision of the superintendent to the board.

 

 

Legal Reference:          Iowa Code §§ 20; 279.8 (2003).

 

Cross Reference:          217.2   Board of Directors and Employees

                                    401.5   Employee Complaints

                                    401.8   Employee Involvement in Decision Making

 

 

Approved 11/1/2004                             Reviewed 08/20/2007                           Revised 03/21/2022

                                                                             07/18/2011

                                                                             07/18/2016

                                                                             03/21/2022

 

dawn.gibson.cm… Thu, 02/04/2021 - 12:16

401.8 - Employee Involvement in Decision Making

401.8 - Employee Involvement in Decision Making

 

Input from employees regarding students, the education program or other school district operations will be considered by the administration and the board.  Employees may be requested to make a presentation to the board.  The administration, in its discretion, may consult with employees about proposed changes in the education program and operations of the school district.

Employees having suggestions for changes or improvements in administrative procedure or policy should take such suggestions directly to the principal or superintendent.  The principal or superintendent will discuss the suggestion with the teacher.  After a final decision is made on any policy or procedure, teachers will be expected to accept and support the decision in their subsequent actions, discussions and relations.

 

 

Legal Reference:          Iowa Code § 279.8 (2003).

 

Cross Reference:          302.2   Administration and Employees

                                    401.7   Employee Relations to the Administration and to the Board

 

 

 

Approved 11/1/2004                             Reviewed 09/17/2007                          Revised                   

                                                                              07/18/2011

                                                                            07/18/2016

                                                                            03/21/2022

 

 

dawn.gibson.cm… Thu, 02/04/2021 - 12:18

401.9 - Use of School District Facilities & Equipment by Employees

401.9 - Use of School District Facilities & Equipment by Employees

 

The primary purpose of the school district facilities and equipment is to deliver a quality education program.  Resources for school district equipment are limited; therefore, each user must operate the equipment with the utmost care.  Employees may use school district equipment for any school purpose or activity held during the school day or for a school-sponsored event. 

Employees may use the school district facilities for nonschool-sponsored events, when it does not interfere with the delivery of the education program, with the permission of the principal.  An employee's request will not supersede a prior request.  The employee will be responsible for ensuring the building and equipment are in the condition they were found.  For non-educational business, the employee will be responsible to meet the requirements set out by the principal when the request is granted.

 

Legal Reference:          Iowa Code §§ 256.12; 279.8; 297.9 (2003).

 

 

Cross Reference:          401.10 Use of School District Materials for Internal Communications

                                    906      Use of School District Facilities & Equipment

 

 

 

Approved 11/1/2004                             Reviewed 09/17/2007                           Revised                   

                                                                             08/15/2011

                                                                             07/18/2016

                                                                             03/21/2022

 

dawn.gibson.cm… Thu, 02/04/2021 - 12:20

401.10 - Use of School District Materials for Internal Communications

401.10 - Use of School District Materials for Internal Communications

 

School district materials are purchased and used for the delivery of the education program.  Employees may use school district materials and equipment for internal communication among themselves when the communication is directly related to the education program.

When the communication will involve unusual expense or use of materials, the employee must first have permission of the principal.

 

Legal Reference:          Iowa Code § 279.8 (2003).

 

Cross Reference:          401.9   Use of School District Facilities & Equipment by Employees

 

 

 

Approved 11/1/2004                             Reviewed 09/17/2007                           Revised                   

                                                                             08/15/2011

                                                                             07/18/2016

                                                                             03/21/2022

 

dawn.gibson.cm… Thu, 02/04/2021 - 12:22

401.11 - Limitations to Employment References

401.11 - Limitations to Employment References

The district believes in taking appropriate measures to promote the health and welfare of all students.  Any school employee, volunteer, contractor, or agent will not assist another school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law.  Sexual misconduct means physical or sexual abuse of students, including but not limited to sexual or physical relationships, grooming behavior, and otherwise inappropriate relationships with students. 

This limitation does not apply if the matter has been properly reported to law enforcement and any other regulatory authorities required by law, and either:

  • the matter has been officially closed by the law enforcement agency;
  • the individual is acquitted or otherwise exonerated of the alleged misconduct; or
  • more than four years has passed since the case was opened, and no charges or indictment have been filed.

 

 

Legal References:     20 U.S.C. §7926

                                  Iowa Code 256;

            281 I.A.C. 12.3(14)

 

Cross References:    401.6 Employee Records

       402.2 Child Abuse Reporting

                               402.3 Abuse of Students by School District Employees

       405.2 Licensed Employee Qualifications, Recruitment, Selection

                               411.2 Classified Employee Qualifications, Recruitment, Selection

 

Approved:  05/20/2019

Reviewed:  

Revised:  03/21/2022, 10/21/2024

 

 

dawn.gibson.cm… Thu, 02/04/2021 - 12:24

401.12 - Travel for the Board of Education, Administrator’s and Certified Employees

401.12 - Travel for the Board of Education, Administrator’s and Certified Employees

Approved travel expenses for official school business will be reimbursed at the rate approved by the Board of Education.

TRAVEL REQUESTS – Requests for approval to attend meetings/conferences offered at multiple sites will be to the closest site in proximity to the Independence Community School District.  Any requests to attend alternate sites from the closest site will require written rationale prior to submittal and must have the approval of the principal/supervisor and the Superintendent for in-state travel and the Board of Education for out-of-state travel.  Requests to attend a meeting with discounted registration fees for early registration will be timely submitted for approval to allow the discount.

Travel within a 200-mile radius of Independence or within the State of Iowa requires the approval of the principal/supervisor and the Superintendent if overnight.  Travel outside the 200-mile radius and outside the State of Iowa also requires the approval of the Board of Education.

OVERNIGHT LODGING – (Lodging for overnight travel should be limited to medium priced hotels/motels for the location of the meeting.)  Request for travel to national meetings/conferences will have a copy of the available hotels/motels attached for cost comparison.  If the request is made to stay at a higher than medium-priced hotel, then it will be accompanied by a written rationale for that necessity.  Additional costs for non-employees or employee’s spouse/dependents not on school business will be paid by the employee.

EMPLOYEES OUT OF DISTRICT – Employee travel to all day meetings/conferences may be allowed up to five days during the fiscal year with approval by the appropriate supervisor/principal and the Superintendent if overnight.  Requests to attend all day meetings/conferences beyond five days during the fiscal year will additionally require the approval of the Board of Education.

REIMBURSEMENT OF EXPENSES – Employees or board members will be reimbursed for expenses for registration fees, meals, mileage, and lodging expenses incurred while on field trips, conventions, conferences, or other school business approved by the supervisor/administrator and/or board.  An itemized account of all expenses, accompanied by receipts, will be presented for payment.  Meals will not be reimbursed for one-day meetings unless they require overnight travel or in-district meetings unless they are for a board or board committee meeting.

SCHOOL/PERSONAL VEHICLE USE - Employees are encouraged to use a school vehicle if one is available. 

Employees will be reimbursed for assigned travel between varying work sites.  Travel to the first assigned site and from the last assigned site will not be reimbursed.

 

Legal Reference:          Iowa Code §§ 68B; 277.27; 279.7A, .8, .32 (2003).

Cross Reference:          219.3   Board of Directors' Member Compensation and Expenses

                                      705.6 Credit Cards

 

Approved:  11/01/2004

Reviewed:  02/18/2008, 08/15/2011, 09/19/2016, 03/21/2022

Revised:  02/18/2008, 08/15/2011, 03/21/2022, 11/18/2024

 

 

 

 

 

 

 

 

dawn.gibson.cm… Thu, 02/04/2021 - 12:27

401.13 - Employee Activity Passes

401.13 - Employee Activity Passes

 

Employee passes to school sponsored activities may be made available to employees who choose to participate in the pass program offered by the Independence Community School District.  The pass program provides employees an activity pass for working a set number of events.  The number of events a staff person must work depends annually based on the number of staff that chooses to participate.

 

Legal Reference:          Iowa Code § 279.8 (2003).

 

Cross Reference:          219.5   Activity Passes for Board Members

 

 

Approved 11/1/2004                             Reviewed 08/15/2011                           Revised 10/15/2007

                                                                             09/19/2016

                                                                             03/21/2022

dawn.gibson.cm… Thu, 02/04/2021 - 12:29

401.14 - Recognition for Service of Employees

401.14 - Recognition for Service of Employees

 

 

The board recognizes and appreciates the service of its employees.  Employees who retire or resign with 15 or more years of continuous service in the district 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 (2003).

                                    1980 Op. Att'y Gen. 102.

 

 

Cross Reference:          407      Licensed Employee Termination of Employment

                                    413      Classified Employee Termination of Employment

 

 

Approved 11/1/2004                             Reviewed 09/17/2007                           Revised 03/21/2022

                                                                             08/15/2011

                                                                             09/19/2016

                                                                             03/21/2022

 

 

dawn.gibson.cm… Thu, 02/04/2021 - 12:31

401.15 - Employee Political Activity

401.15 - Employee Political Activity

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 §§ 55; 279.8.

 

Cross Reference:          402.9   Solicitations from Outside

                                    409.5   Licensed Employee Political Leave

                                    414.5   Classified Employee Political Leave

 

Approved 11/1/2004                             Reviewed 09/17/2007                           Revised 03/21/2022

                                                                             08/15/2011

                                                                            09/19/2016

                                                                            03/21/2022

dawn.gibson.cm… Thu, 02/04/2021 - 12:33

401.19 - Meeting Expenses

401.19 - Meeting Expenses

 

The Independence Board of Education will cover the cost of meeting expenses for its employees, teachers, administrators, members of the Board, and some others not in the direct employ of the Independence School District, when conducting official school business, under the conditions outlined below. The Board of Education expects that district personnel exercise good judgment in making arrangements that strike a balance between the expenses incurred and the business conducted. The policy applies to expenses charged to all funds administered by the Board of Education.

While it is understood that absolute adherence to specifics may not be possible in each case, significant departures from the policy must be approved by the Board of Education before reimbursement is made. In all cases, reimbursement for expenses is limited to actual reasonable and necessary business-related expenses.

 

Legal Reference:          Iowa Code §§ 68B; 277.27; 279.7A, .8, .32 (2003).

 

Cross Reference:          219.3   Board of Directors' Member Compensation and Expenses

                                    401.12  Travel for the Board of Education, Administrators and Certified Employees

  1.                            401.16    Credit Cards

 

 

Approved 02/18/2008                           Reviewed 08/15/2011                           Revised __________

                                                                             09/19/2016

                                                                             03/21/2022

 

 

 

dawn.gibson.cm… Thu, 02/04/2021 - 12:45

401.20 - Employee Expression

401.20 - Employee Expression

The board believes the district has an interest in maintaining an orderly and effective work environment while balancing employee 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 will comply with Iowa law to the extent that compliance does not infringe on employees’ free speech rights.

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.

 

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

                                   Kennedy v. Bremerton School District, 597 U.S. (2022)

                                 Iowa Code §§ 279.73; .74; 280.22

 

Cross Reference: 502.5  Student Expression

                                    504.3   Student Publications

 

 

Approved 09/20/2021                           Reviewed 09/20/2021                              Revised 11/21/2022

                                                                             03/21/2022

                                                                                  11/21/2022

 

lschaul@indeek12.org Tue, 11/09/2021 - 14:02

402 - Employees and Outside Relations

402 - Employees and Outside Relations dawn.gibson.cm… Thu, 02/04/2021 - 12:47

402.01 - Release of Credit Information

402.01 - Release of Credit Information

 

The following information will be released to an entity with whom an employee has applied for credit or has obtained credit:  title of position, income, and number of years employed.  This information will be released without prior written notice to the employee.  Confidential information about the employee will be released to an inquiring creditor with a written authorization from the employee.

It will be the responsibility of the board secretary or superintendent to respond to inquiries from creditors.

 

 

Legal Reference:          Iowa Code §§ 22.7; 279.8 (2003).

 

Cross Reference:          401.6   Employee Records

 

 

Approved:  11/01/2004

Reviewed:  09/17/2007, 09/19/2011, 09/19/2016

Revised:  04/11/2022

 

 

 

 

 

 

dawn.gibson.cm… Wed, 02/10/2021 - 12:54

402.02 - Child Abuse Reporting

402.02 - Child Abuse Reporting

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 and all school employees 18 years of age or older 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.  It is not the responsibility of employees to prove that a child has been abused or neglected.  Employees should not take it upon themselves to investigate the case or contact the family of the child.  DHS is responsible for investigating the incident of alleged abuse.

Within three months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse and dependent adult abuse, or submit evidence they’ve taken the course within the previous three years.  Once the training course has been taken, the certificate will remain valid for three years.  Employees who have taken the two-hour training course will take the one-hour follow up training course every three years and prior to the expiration of their certificate.

 

Legal Reference:          Iowa Code §§ 232.67-.77; 232A, 235A; 280.17.

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

                                   

Cross Reference:          402.03 Abuse of Students by School District Employees

                                    502.11 Interviews of Students by Outside Agencies

                                    507      Student Health and Well-Being

 

Approved:  11/01/2004

Reviewed:  10/15/2007

Revised:  09/19/2011, 08/17/2015, 03/21/2016, 08/15/2016, 05/20/2019, 09/21/2020, 04/11/2022, 08/15/2022,                                                                              10/16/2023                                                                 

 

 

 

dawn.gibson.cm… Wed, 02/10/2021 - 12:56

402.03 - Abuse of Students by School District Employees

402.03 - Abuse of Students by School District Employees

Physical or sexual abuse of students, including but not limited to sexual or physical relationships, grooming behavior, and otherwise inappropriate relationships with students, by employees will not be tolerated.  The definition of employees for the purpose of this policy includes not only those who work for pay but also those who are volunteers of the school district under the direction and control of the school district.  Employees found in violation of this policy will be subject to disciplinary action up to and including discharge.

The school district will respond promptly to allegations of abuse of students by school district employees by investigating or arranging for the investigation of an allegation, and timely reporting to all relevant agencies as required by law.  The processing of a complaint or allegation will be handled confidentially to the maximum extent possible.  Employees are required to assist in the investigation when requested to provide information and to maintain the confidentiality of the reporting and investigation process.

The school district has appointed a Level I investigator and alternate Level I investigator.  The school district has also arranged for a trained, experienced professional to serve as the Level II investigator.  The Level I investigator and alternate will be provided training in the conducting of an investigation at the expense of the school district.  The names of the investigators will be listed in the student handbook, published annually in the local newspaper and posted in all school facilities.

The superintendent is responsible for drafting administrative regulations to implement this policy.

Complaint forms may be picked up at the District Office or by contacting the Level I Investigator for the district.

 

Legal Reference:          Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1) 

                                    281 I.A.C. 12.3(6), 102; 103.

                                    441 I.A.C. 155; 175.

                               

Cross Reference:          402.2   Child Abuse Reporting

                                    106      Anti-Bullying/Harassment

                                    503.5   Corporal Punishment

 

Approved:  11/01/2004

Reviewed:  10/15/2007

Revised:  09/19/2011, 10/17/2016, 04/11/2022, 10/21/2024

 

 

dawn.gibson.cm… Wed, 02/10/2021 - 13:03

402.04 - Gifts to Employees

402.04 - Gifts to Employees

Employees may receive a gift on behalf of the school district.  Employees will not, either directly or indirectly, solicit, accept or receive any gift, series of gifts or an honorarium unless the donor does not meet the definition of "restricted donor" stated below or the gift or honorarium does not meet the definition of gift or honorarium stated below.

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

  •                 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.

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

  •                 Contributions to a candidate or a candidate's committee;
  •                 Information material relevant to 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; 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;
  •                 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;
  •                 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; 
  •                 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.

An "honorarium" is anything of value that is accepted by, or on behalf of, an employee as consideration for an appearance, speech or article.  An honorarium does not include any of the following:

  •                 Actual expenses of an employee for registration, food, beverages, travel or lodging for a meeting,                    which is given in return for participation in a panel or speaking engagement at a meeting when the                    expenses relate directly to the day or days on which the employee has participation or presentation                  responsibilities;
  •                 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.

It will be the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.

 

Legal References:         Iowa Code ch. 68B (2003).

                                    1972 Op. Att'y Gen. 276.

                                    1970 Op. Att'y Gen. 319.

 

 

Cross References:         221      Gifts to Board of Directors

                                    401.3   Employee Conflict of Interest

                                    704.4   Gifts-Grants-Bequests

 

Approved:  11/01/2004

Reviewed:  10/15/2007, 09/19/2011, 10/17/2016

Revised:  04/11/2022

 

 

 

 

 

dawn.gibson.cm… Wed, 02/10/2021 - 14:07

402.05 - Required Professional Development for Employees

402.05 - Required Professional Development for Employees

Appropriate training and professional development of all employees is crucial to the success of all students.  The district will provide professional development opportunities appropriate to the duties of school employees. 

For all professional development programs, the district requires employees to take, the district will provide to the employee notice indicating the section of the law, or rules adopted by the state board of education or board of educational examiners that the district determines requires the employee to participate in the professional development program.

 

 

 

 

Legal Reference:           Iowa Code § .

                                   

Cross Reference:        302.6 Superintendent Professional Development

                                    303.7 Administrator Professional Development

                                    408.1 Licensed Employee Professional Development

 

 

 

Approved: 09/21/2023

Reviewed:

Revised: 

lschaul@indeek12.org Tue, 09/26/2023 - 08:57

402.06 - Employee Relations to the Public

402.06 - Employee Relations to the Public

Members of the school district community will be treated with respect by employees.  The board encourages active participation by employees in community activities and events.

It will be the responsibility of employees as they participate in various community groups and events, to make a conscientious effort to make the school district and its events a real part of the community.  Employees will take advantage of their participation in the community to look for opportunities in which the community and school district can join forces for the betterment of the school district and the community.

 

Legal Reference:          Iowa Code § 279.8 (2003).

 

 

Cross Reference:          303.7   Superintendent Civic Activities

                                    304.8   Administrator Civic Activities

                                    904      Public Participation in the School District

 

Approved:  11/01/2004

Reviewed:  10/15/2007, 09/19/2011, 10/17/2016

Revised:  04/11/2022

 

 

 

 

dawn.gibson.cm… Wed, 02/10/2021 - 14:13

402.07 - Employee Outside Employment

402.07 - Employee Outside Employment

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 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 will be 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 (2003).

 

Cross Reference:          401.3   Employee Conflict of Interest

                                    408.3   Licensed Employee Tutoring

 

Approved:  11/01/2004

Reviewed:  10/15/2007, 09/19/2011, 10/17/2016

Revised:  04/11/2022

 

                                                                            

dawn.gibson.cm… Wed, 02/10/2021 - 14:15

402.08 - Employee Telephone Calls

402.08 - Employee Telephone Calls

 

The board recognizes the need of employees to receive and make telephone calls during working hours.

Employees may receive and make personal telephone calls during lunches, breaks, or preparation periods.  Employees may receive and make emergency telephone calls at any time.

The district telephones may only be used for local personal telephone calls; all other calls must be paid for by the employee.  It will be the responsibility of the employee to exercise discretion in making and receiving telephone calls during working hours.

 

 

Legal Reference:          Iowa Code §§ 20.9; 279.8 (2003).

 

Cross Reference:          401.9   Use of School District Facilities & Equipment by Employees

 

Approved:  11/01/2004

Reviewed:  10/15/2007, 09/19/2011, 10/17/2016

Revised:  04/11/2022

 

 

 

 

 

 

dawn.gibson.cm… Wed, 02/10/2021 - 14:17

402.09 - Solicitations From Outside

402.09 - Solicitations From Outside

 

Generally, employees should be free from solicitations at their place of employment.  No organization or individuals, including employees, may solicit or distribute flyers or other materials within school district facilities or on school district grounds without the approval of the superintendent.

No employee will be made responsible, or assume responsibility, for the collection of money or the distribution of fund drive literature within the school district unless such activity is voluntary and has been approved by the superintendent.

 

 

Legal Reference:          Iowa Code § 279.8 (2003).

 

 

Cross Reference:          401.15 Employee Political Activity

                                    504.6   Student Fund-Raising

                                    905      Community Activities Involving Students

 

Approved:  11/01/2004

Reviewed:  10/15/2007, 09/19/2011, 10/17/2016

Revised:  04/11/2022

 

 

dawn.gibson.cm… Wed, 02/10/2021 - 14:19

402.05 - Required Professional Development for Employees

402.05 - Required Professional Development for Employees

Appropriate training and professional development of all employees is crucial to the success of all students.  The district will provide professional development opportunities appropriate to the duties of school employees. 

For all professional development programs, the district requires employees to take, the district will provide to the employee notice indicating the section of the law, or rules adopted by the state board of education or board of educational examiners that the district determines requires the employee to participate in the professional development program.

 

 

Legal Reference:           Iowa Code § .

                                   

Cross Reference:        302.6 Superintendent Professional Development

                                    303.7 Administrator Professional Development

                                    408.1 Licensed Employee Professional Development

 

 

Approved: 09/21/2023

Reviewed:

Revised: 

lschaul@indeek12.org Tue, 09/26/2023 - 08:46

402.10 - District Landline and Cellular Telephone Usage

402.10 - District Landline and Cellular Telephone Usage

 

The district provides telephones to employees because communication is essential for the performance of their duties, especially in times of emergency or when addressing safety issues.  In addition, the district provides a voice mail system which permits employees to receive and retrieve messages from locations outside of their offices.

The landline and cellular telephones provided by the district to employees are to be used for school business. 

Certain employees are required to perform work outside of their offices or assigned work spaces, outside of the Independence Community School District, or outside of the district’s regular business hours.  It is important to the mission of the district to provide for communication with these employees when they are not in their offices.  Telephone communication is greatly enhanced by the use of cellular telephones.  With a cellular telephone, an employee may receive and respond to calls regardless of the time of day or the employee’s location and retrieve and respond to messages in the district’s voice mail system.

If a cellular telephone assigned to an employee is lost, damaged or is malfunctioning, the Business Office must be notified immediately.  Employees who fail to notify the Business Office immediately of a lost telephone may be responsible for all unauthorized calls made from their assigned cellular telephone and replacement costs.

The district will not reimburse employees for business use of their own cellular telephone.  Employees are encouraged to use their office telephone for business telephone calls.  Employees who have a personal cellular telephone are not expected to use that telephone for district business.

The superintendent or his/her designee is authorized to review the use of district-issued cellular telephones by employees and to revoke the privilege of using a district-issued cellular telephone if it is determined that the cellular telephone is being used primarily for personal business or is being used in any other manner which is contrary to district policy.  

 

 

 

Approved 10/26/2009                           Reviewed 09/19/2011                           Revised 07/19/2010

                                                                             10/17/2016

                                                                             04/11/2022

                                                             

 

 

dawn.gibson.cm… Wed, 02/10/2021 - 14:20

403 - Employees' Health and Well-Being

403 - Employees' Health and Well-Being dawn.gibson.cm… Wed, 02/10/2021 - 14:21

403.01 - Employee Physical Examinations

403.01 - Employee Physical Examinations

The Independence 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 cost of the initial examination will be paid by the school district. The form indicating the employee is able to perform the duties, with or without reasonable accommodation, for which the employee was hired, must be returned prior to the performance of duties. The cost of bus driver renewal physicals will be paid by the school district. The school district may provide the standard examination form to be completed by the personal physician of the employee or a certified medical examiner for bus drivers. 

Employees of the Preschool Program at the Early Childhood Center will present evidence of good health with tuberculosis (TB) screening 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 may provide the standard examination form to be completed by the personal physician of the employee or a certified medical examiner.  The Board will pay to the employee the cost of such examination upon presentation to the Board by the employee the paid receipt of the examining physician. 

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 08/15/2016                           Reviewed 05/20/2019                           Revised 05/20/2019

                                                                             05/16/2022                                         05/16/2022

 

dawn.gibson.cm… Mon, 02/15/2021 - 10:18

403.02 - Employee Injury on the Job

403.02 - Employee Injury on the Job

 

When an employee becomes seriously injured on the job, the principal, direct supervisor or superintendent needs to be notified immediately.  Injuries thought to be emergent should be taken to the nearest emergency medical treatment center for medical management.  The employee’s supervisor will attempt to notify a member of the family, or an individual of close relationship, as soon as the employee’s supervisor becomes aware of the injury.

It will be the responsibility of the supervisor or principal of the injured employee to inform the superintendent within twenty-four hours of the occurrence.  It will be the responsibility of the employee's immediate supervisor to file an accident report within twenty-four hours after the employee reported the injury and provide a copy to the administration office.

If continuous medical follow up is needed, this follow up will be performed by a workman compensation medical provider as designated by the district.

It will be the responsibility of the employee to file claims, such as workers' compensation, through the board secretary.

 

 

Legal Reference:          Iowa Code §§ 85; 279.40; 613.17 (2003).

                                    1972 Op. Att'y Gen. 177.

 

Cross Reference:          403      Employees' Health and Well-Being

                                    409.2   Licensed Employee Personal Illness Leave

                                    414.2   Classified Employee Personal Illness Leave

                                    804.3   First Aid

 

 

Approved 11/1/2004                             Reviewed 10/15/2007                           Revised 12/19/2016

                                                                             11/21/2011                                       05/16/2022

                                                                             05/16/2022

 

 

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:03

403.03 - Communicable Diseases - Employees

403.03 - Communicable Diseases - Employees

Employees with a communicable disease will be allowed to perform their customary employment duties provided they are able to perform the essential functions of their position and their presence does not create a substantial risk of illness or transmission to students or other employees.  The term "communicable disease" shall mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.

Prevention and control of communicable diseases will be included in the school district's bloodborne pathogens exposure control plan.  The procedures will include scope and application, definitions, exposure control, methods of compliance, universal precautions, vaccination, post-exposure evaluation, follow-up, communication of hazards to employees and record keeping.  This plan will be reviewed annually by the superintendent and school nurse.

The health risk to immunodepressed employees will be determined by their personal physician.  The health risk to others in the school district environment from the presence of an employee with a communicable disease will be determined on a case-by-case basis by the employee's personal physician, a physician chosen by the school district or public health officials.

An employee who is at work and who has a communicable disease which creates a substantial risk of harm to a student, coworkers, or others at the workplace will report the condition to the Superintendent any time the employee is aware that the disease actively creates such risk.

Health data of an employee is confidential and it will not be disclosed to third parties.  Employee medical records will be kept in a file separate from their personal file.

It will be the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with employees with a communicable disease.

 

 

Legal Reference:          29 U.S.C. §§ 794, 1910.

                                    42 U.S.C. §§ 12101 et seq.

                                    45 C.F.R. Pt. 84.3.

                                    Iowa Code chs. 139(a); 141(a).

                                    641 I.A.C. 1, .2, .7.

 

Cross Reference:          401.6   Employee Records

                                    403.1   Employee Physical Examinations

                                    507.3   Communicable Diseases - Students

 

Approved 11/1/2004                             Reviewed 11/21/2011                           Revised 11/19/2007

                                                                             05/16/2022                                         12/19/2016

                                                                                                                                       05/16/2022

dawn.gibson.cm… Mon, 02/15/2021 - 11:04

403.3E1 - Hepatitis B Vaccine Information and Record

403.3E1 - Hepatitis B Vaccine Information and Record

The Disease

Hepatitis B is a viral infection caused by the Hepatitis B virus (HBV) which causes death in 1-2% of those infected.  Most people with HBV recover completely, but approximately 5-10% become chronic carriers of the virus.  Most of these people have no symptoms, but can continue to transmit the disease to others.  Some may develop chronic active hepatitis and cirrhosis.  HBV may be a causative factor in the development of liver cancer.  Immunization against HBV can prevent acute hepatitis and its complications.

The Vaccine

The HBV vaccine is produced from yeast cells.  It has been extensively tested for safety and effectiveness in large scale clinical trials.

Approximately 90 percent of healthy people who receive two doses of the vaccine and a third dose as a booster achieve high levels of surface antibody (anti-HBs) and protection against the virus.  The HBV vaccine is recommended for workers with potential for contact with blood or body fluids.  Full immunization requires three doses of the vaccine over a six-month period, although some persons may not develop immunity even after three doses.

There is no evidence that the vaccine has ever caused Hepatitis B.  However, persons who have been infected with HBV prior to receiving the vaccine may go on to develop clinical hepatitis in spite of immunization.

Dosage and Administration

The vaccine is given in three intramuscular doses in the deltoid muscle.  Two initial doses are given one month apart and the third dose is given six months after the first.

Possible Vaccine Side Effects

The incidence of side effects is very low.  No serious side effects have been reported with the vaccine.  Ten to 20 percent of persons experience tenderness and redness at the site of injection and low grade fever.  Rash, nausea, joint pain, and mild fatigue have also been reported.  The possibility exists that other side effects may be identified with more extensive use.

 

CONSENT OF HEPATITIS B VACCINATION

I have knowledge of Hepatitis B and the Hepatitis B vaccination.  I have had an opportunity to ask questions of a qualified nurse or physician and understand the benefits and risks of Hepatitis B vaccination.  I understand that I must have three doses of the vaccine to obtain immunity.  However, as with all medical treatment, there is no guarantee that I will become immune or that I will not experience side effects from the vaccine.  I give my consent to be vaccinated for Hepatitis B.

 

_____________________________________________________________     _______________________________________
Signature of Employee (consent for Hepatitis B vaccination)                                             Date

 

_____________________________________________________________     _______________________________________
Signature of Witness                                                                                                                            Date

 

 

REFUSAL OF HEPATITIS B VACCINATION

I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring the Hepatitis B virus infection.  I have been given the opportunity to be vaccinated with Hepatitis B vaccine at no charge to myself.  However, I decline the Hepatitis B vaccination at this time.  I understand that by declining this vaccine, I continue to be at risk of acquiring Hepatitis B, a serious disease.  If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with the Hepatitis B vaccine, I can receive the vaccination series at no charge to me.

 

_____________________________________________________________     _______________________________________
Signature of Employee (refusal for Hepatitis B vaccination)                                               Date

 

_____________________________________________________________     _______________________________________
Signature of Witness                                                                                                                            Date

 

I refuse because I believe I have (check one)

                       started the series                                             completed the series

            _____ other, please describe:  _____________________________________________________

 

 

RELEASE FOR HEPATITIS B MEDICAL INFORMATION

 

I hereby authorize _____________________________________________________________________
                                         (name and address of individual or organization holding Hepatitis B records)

to release to the Independence Community School District my Hepatitis B vaccination records for required

employee records. 

I hereby authorize release of my Hepatitis B status to a health care provider in the event of an exposure incident.

 

_____________________________________________________________     _______________________________________
Signature of Employee                                                                                                                      Date

 

_____________________________________________________________     _______________________________________
Signature of Witness                                                                                                                          Date

 

CONFIDENTIAL RECORD

 

_____________________________________________________________     _______________________________________
Employee Name (last, first, middle)                                                                                              DOB

Job Title:  _____________________________________________________________     

     Hepatitis B Vaccination Date           Lot Number                 Site                       Administered By
1  ________________________         ____________          ___________         _____________________________________
2  ________________________         ____________          ___________         _____________________________________
3  ________________________         ____________          ___________         _____________________________________

Additional Hepatitis B status information:
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
 

_____________________________________________________________     _______________________________________
Provider Signature                                                                                                                            Date

 

 

CONFIDENTIAL RECORD

_____________________________________________________________     _______________________________________
Employee Name (last, first, middle)                                                                                              DOB

Job Title:  _____________________________________________________________     

Post-exposure incident:  (Date, time, circumstances, route under which exposure occurred)
____________________________________________________________________________________________________
____________________________________________________________________________________________________
 

Identification and documentation of source individual:
____________________________________________________________________________________________________

Source blood testing consent:
____________________________________________________________________________________________________

Description of employee's duties as related to the exposure incident:
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________

Copy of information provided to health care professional evaluating an employee after an exposure incident:
____________________________________________________________________________________________________
____________________________________________________________________________________________________

Attach a copy of all results of examinations, medical testing, follow-up procedures, and health care professional's written opinion.
____________________________________________________________________________________________________

Comments/Plan
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
 

_____________________________________________________________     _______________________________________
Provider Signature                                                                                                                               Date

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:12

403.3R1 - Universal Precautions Regulation

403.3R1 - Universal Precautions Regulation

Universal precautions (UP) are intended to prevent transmission of infection, as well as decrease the risk of exposure for employees and students.  It is not currently possible to identify all infected individuals, thus precautions must be used with every individual.  UP pertain to blood and other potentially infectious materials (OPIM) containing blood.  These precautions do not apply to other body fluids and wastes (OBFW) such as saliva, sputum, feces, tears, nasal secretions, vomitus and urine unless blood is visible in the material.  However, these OBFW can be sources of other infections and should be handled as if they are infectious.  The single most important step in preventing exposure to and transmission of any infection is anticipating potential contact with infectious materials in routine as well as emergency situations.  Based on the type of possible contact, employees and students should be prepared to use the appropriate precautions prior to the contact.  Diligent and proper hand washing, the use of barriers, appropriate disposal of waste products and needles, and proper decontamination of spills are essential techniques of infection control.  All individuals should respond to situations practicing UP followed by the activation of the school response team plan.  Using common sense in the application of these measures will enhance protection of employees and students.

Hand Washing

Proper hand washing is crucial to preventing the spread of infection.  Textured jewelry on the hands or wrists should be removed prior to washing and kept off until completion of the procedure and the hands are rewashed.  Use of running water, lathering with soap and using friction to clean all hand surfaces is key.  Rinse well with running water and dry hands with paper towels.

  • Hands should be washed before physical contact with individuals and after contact is completed.
  • Hands should be washed after contact with any used equipment.
  • If hands (or other skin) come into contact with blood or body fluids, hands should be washed immediately before touching anything else.
  • Hands should be washed whether gloves are worn or not and, if gloves are worn, after the gloves are removed.

Barriers

Barriers anticipated to be used at school include disposable gloves, absorbent materials and resuscitation devices.  Their use is intended to reduce the risk of contact with blood and body fluids as well as to control the spread of infectious agents from individual to individual.  Gloves should be worn when in contact with blood, OPIM or OBFW.  Gloves should be removed without touching the outside and disposed of after each use.

Disposal of Waste

Blood, OPIM, OBFW, used gloves, barriers and absorbent materials should be placed in a plastic bag and disposed of in the usual procedure.  When the blood or OPIM is liquid, semi-liquid or caked with dried blood, it is not absorbed in materials, and is capable of releasing the substance if compressed, special disposal as regulated waste is required.  A band-aid, towel, sanitary napkin or other absorbed waste that does not have the potential of releasing the waste if compressed would not be considered regulated waste.  It is anticipated schools would only have regulated waste in the case of a severe incident.  Needles, syringes and other sharp disposable objects should be placed in special puncture-proof containers and disposed of as regulated waste.  Bodily wastes such as urine, vomitus or feces should be disposed of in the sanitary sewer system.

Clean up

Spills of blood and OPIM should be cleaned up immediately.  The employee should:

  • Wear gloves.
  • Clean up the spill with paper towels or other absorbent material.
  • Use a solution of one part household bleach to one hundred parts of water (1:100) or other EPA-approved disinfectant and use it to wash the area well.
  • Dispose of gloves, soiled towels and other waste in a plastic bag.
  • Clean and disinfect reusable supplies and equipment.

Laundry

Laundry with blood or OPIM should be handled as little as possible with a minimum of agitation.  It should be bagged at the location.  If it has the potential of releasing the substance when compacted, regulated waste guidelines should be followed.  Employees who have contact with this laundry should wear protective barriers.

Exposure

An exposure to blood or OPIM through contact with broken skin, mucous membrane or by needle or sharp stick requires immediate washing, reporting and follow-up.

  • Always wash the exposed area immediately with soap and water.
  • If a mucous membrane splash (eye or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly.
  • If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.

The exposure should be reported immediately, the parent or guardian is notified, and the person exposed contacts a physician for further health care.

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:30

403.04 - Hazardous Chemical Disclosure

403.04 - Hazardous Chemical Disclosure

The board authorizes the development of a comprehensive hazardous chemical communication program for the school district to disseminate information about hazardous chemicals in the workplace.

Each employee will annually review information about hazardous substances in the workplace.  When a new employee is hired or transferred to a new position or work site, the information and training, if necessary, will be included in the employee's orientation.  When an additional hazardous substance enters the workplace, information about it will be distributed to all employees, and training will be conducted for the appropriate employees.  The superintendent will maintain a file indicating which hazardous substances are present in the workplace and when training and information sessions take place.

Employees who will be instructing or otherwise working with students will disseminate information about the hazardous chemicals with which they will be working as part of the instructional program. 

It will be the responsibility of the superintendent to develop administrative regulations regarding this program. 

 

 

Legal Reference:          29 C.F.R. Pt. 1910; 1200 et seq.

                                    Iowa Code chs. 88; 89B.

                                   

Cross Reference:          403      Employees' Health and Well-Being

                                    804      Safety Program

 

 

Approved 11/1/2004                             Reviewed 11/19/2007                           Revised 05/16/2022

                                                                             11/21/2011

                                                                             11/21/2016

                                                                             05/16/2022

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:34

403.6 - Substance-Free Workplace

403.6 - Substance-Free Workplace

 

The board expects the school district and its employees to remain substance free.  No employee will unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcoholic beverage as defined by federal or state law.  "Workplace" includes school district facilities, school district premises or school district vehicles.  "Workplace" also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

If an employee is convicted of a violation of any criminal drug offense committed in the workplace, the employee will notify the employee's supervisor of the conviction within five days of the conviction.

The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee.  An employee who violates the terms of this policy may be subject to discipline up to and including termination.  If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination. 

The superintendent will be responsible for publication and dissemination of this policy to each employee.  In addition, the superintendent will oversee the establishment of a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment programs.

It is the responsibility of the superintendent to develop administrative regulations to implement this policy.

 

 

Legal Reference:          41 U.S.C. §§ 701-707 (1994).

                                    42 U.S.C. §§ 12101 et seq. (1994).

                                    34 C.F.R. Pt. 85 (2002).

                                    Iowa Code §§ 123.46; 124; 279.8 (2003).

 

 

Cross Reference:          404      Employee Conduct and Appearance

 

Approved 11/1/2004                             Reviewed 11/19/2007                           Revised 01/23/2017

                                                                             11/21/2011                                            05/16/2022

                                                                             05/16/2022

 

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:36

403.6E1 - Substance-Free Workplace Notice to Employees

403.6E1 - Substance-Free Workplace Notice to Employees

EMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace policy for an employee to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcohol, as defined in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 and Iowa Code Chapter 204.

"Workplace" is defined as the site for the performance of work done in the capacity as an employee.  This includes school district facilities, other school premises or school district vehicles.  Workplace also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy.  If the employee fails to successfully participate in such a program, the employee may be subject to discipline up to and including termination.

EMPLOYEES ARE FURTHER NOTIFIED it is a condition of their continued employment that they comply with the above policy of the school district and will notify their supervisor of their conviction of any criminal drug statute for a violation committed in the workplace, no later than five days after the conviction.

 

SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM

I, ____________________________________, have read and understand the Substance-Free Workplace policy.  I understand that if I violate the Substance-Free Workplace policy, I may be subject to discipline up to and including termination.  If I fail to successfully participate in a substance abuse treatment program, I understand I may be subject to discipline up to and including termination.  I understand that if I am required to participate in a substance abuse treatment program and I refuse to participate, I may be subject to discipline up to and including termination.  I also understand that if I am convicted of a criminal drug offense committed in the workplace, I must report that conviction to my supervisor within five days of the conviction.

 

_______________________________________________________________________     _____________________________________
(Signature of Employee)                                                                                                                                            (Date)

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:38

403.6R1 - Substance-Free Workplace Regulation

403.6R1 - Substance-Free Workplace Regulation

A superintendent who suspects an employee has a substance abuse problem will follow these procedures:

         1.      Identification - the superintendent will document the evidence the superintendent has which leads the superintendent to conclude the employee has violated the Substance-Free Workplace policy.  After the superintendent has determined there has been a violation of the Substance-Free Workplace policy, the superintendent will discuss the problem with the employee.  The superintendent will also contact Law Enforcement and ask that they do an investigation into this incident.

         2.      Discipline - if, after the discussion with the employee, the superintendent determines there has been a violation of the Substance-Free Workplace policy, the superintendent may recommend discipline up to and including termination.  Participation in a substance abuse treatment program is voluntary.

         3.      Conviction - if an employee is convicted of a criminal drug offense committed in the workplace, the employee must notify the employer of the conviction within five days of the conviction.

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:40

403.7 - Drug and Alcohol Testing Program

403.7 - Drug and Alcohol Testing Program

Employees who operate school vehicles classified as “commercial motor vehicles” by the U.S. Department of Transportation, and are required to possess a commercial driver’s license (CDL) to operate those vehicles, are subject to drug and alcohol testing.  A “commercial motor vehicle” is a vehicle that transports sixteen or more persons including the driver or has a gross vehicle weight rating (GVWR) of 26,001 pounds or more.  For purposes of the drug and alcohol testing program, the term “employees” includes applicants who have been offered a position to operate a commercial motor vehicle owned by the school.

Employees or employee applicants that will operate a school vehicle as described above are subject to pre-employment drug testing prior to being allowed to perform a safety sensitive function using the school vehicle.  In addition, employees will be subject to random, reasonable suspicion and post-accident drug and alcohol testing at the expense of the employer.  Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol.  Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the school district superintendent, 1207 1st Street West (319) 334-7400, transportation director, 1812 Mustang Way Dr (319) 334-7435 and/or school nurse, 1103 1st Street West (319) 334-7425, Independence, IA 50644.

Employees who violate the terms of this policy may be subject to discipline up to and including termination at the discretion of the school district.  The district is required to keep a record of all drug or alcohol violations by employees for a minimum of five years.  Employees are put on notice that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.  Additionally, the district will conduct FMCSA Clearinghouse queries for employees annually.  Employees must provide written consent for the district to conduct FMCSA Clearinghouse queries; however, employees who choose to withhold consent will be prohibited from performing any safety sensitive functions.

It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law.  The superintendent will inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.

The superintendent will also be responsible for publication and dissemination of this policy and its supporting administrative regulations and forms to employees operating school vehicles.  The superintendent will 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.

IASB Drug and Alcohol Testing Program (IDATP) Web site: 
https://www.ia-sb.org/Main/Affiliated_Programs/Iowa_Drug_Alcohol_Testing_Program.aspx.

 

 

Legal Reference:  American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 (4th Cir. 1995).
  
                                    49 U.S.C. §§ 5331 et seq.
  
                                    42 U.S.C. §§ 12101
 
                                    41 U.S.C. §§ 81
  
                                    49 C.F.R. Pt. 40; 382; 391.
  
                                    34 C.F.R. Pt. 85
  
                                    Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington,
  
                                      PERB No. 3876 (3-26-91).
  
                                    Iowa Code §§ 124; 279.8; 321.375(2); 730.5

Cross Reference:  403.6   Substance-Free Workplace
  
                                    409.2   Employee Leave of Absence

Approved 11/1/2004                             Reviewed 11/19/2007                           Revised 10/22/2005  
                                                                                  11/21/2011                                       01/23/2017
                                                                                  09/21/2020                                         09/21/202

                                                                                  05/16/2022

                                                                                     

dawn.gibson.cm… Mon, 02/15/2021 - 11:41

403.7E1 - Drug and Alcohol Testing Program Notice to Employees

403.7E1 - Drug and Alcohol Testing Program Notice to Employees

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law.

Employees who operate school vehicles classified as “commercial motor vehicles” by the U.S. Department of Transportation are subject to drug and alcohol testing.  A “commercial motor vehicle” is a vehicle that transports sixteen or more persons including the driver or has a gross vehicle weight rating (GVWR) of 26,001 pounds or more.  For purposes of the drug and alcohol testing program, “employees” also includes applicants who have been offered a position to operate a commercial motor vehicle owned by the school.  Employees that will operate a school-owned commercial motor vehicle are subject to the drug and alcohol testing program regulations beginning the first day they are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program until such time employment is terminated or the employee will no longer operate, at any time, a commercial motor vehicle for the school.

It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements.  Employees with questions regarding the drug and alcohol testing requirements will contact the transportation director, 1812 Mustang Way Dr (319) 334-7435 and/or school nurse, 1103 1st Street West            (319) 334-7425, Independence, IA 50644.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or regulations will be subject to discipline up to and including termination.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting documents, regulations and the law.  It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using.  Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents, regulations or the law.

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:44

403.7E2 - Certification from Current Employer Participating in Drug & Alcohol Program

403.7E2 - Certification from Current Employer Participating in Drug & Alcohol Program

I, ______________________________________________________________ am currently employed by
                                               Name of Undersigned

 __________________________________________________________ who participates in the Drug and Alcohol
                                          Employer   

Program through ____________________________________________.  I consent to have my records pertaining                                                                                                              
                                       Drug & Alcohol Testing Provider

to drug and alcohol testing released to the Independence Community School District for the past 24 months of

employment.

_______________________________________________         _______________
(Signature)                                                                                                            (Date)

_______________________________________________         _______________
(Signature of Employer)                                                                                   (Date)

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:45

403.7E3 - Certification of Previous Employers Requiring a Commercial Driver’s License Consent to Release Information to Independence Community School District

403.7E3 - Certification of Previous Employers Requiring a Commercial Driver’s License Consent to Release Information to Independence Community School District

_________________________________________________         ______________________________________
                                 Name                                                                                     Social Security Number

 

I certify that I have been employed by the following employers during the two years prior to the date stated below and that I was required to possess a commercial driver’s license (CDL) and submit to drug and alcohol testing during the term of my employment.

 

Company  _____________________________________________________________________

Address  ______________________________________________________________________

City/State/Zip  _________________________________________________________________

 

Company  _____________________________________________________________________

Address  ______________________________________________________________________

City/State/Zip  _________________________________________________________________

 

Company  _____________________________________________________________________

Address  ______________________________________________________________________

City/State/Zip  _________________________________________________________________

 

I hereby release my records pertaining to my driving and drug and alcohol testing results.

 

_________________________________________________     ______________________________
(Signature)                                                                                                              (Date)

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:48

403.7E4 - Drug and Alcohol Testing Program Acknowledgement Form

403.7E4 - Drug and Alcohol Testing Program Acknowledgement Form

I, ( ______________________________________________________ ), have received a copy, read and
                                         Name of Employee

understand the Drug and Alcohol Testing Program policy and its supporting documents.  I have also read and

understand the “Drug and Alcohol Training Handbook” provided to me by the district.  I consent to submit to the

drug and alcohol testing program as required by the Drug and Alcohol Testing Program policy, its supporting

documents, regulations and the law.

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents, regulations

or the law, I may be subject to discipline up to and including termination.

I also understand that I must inform my supervisor of any prescription medication I use when requested.  I further

understand that drug and alcohol testing records about me are confidential and may be released in accordance with

this policy, its supporting documents, regulations or the law.

 

_______________________________________________     _____________________________
(Signature of Employee)                                                                                      (Date)

_______________________________________________     _____________________________
(Witness/Transportation Director)                                                                       (Date)

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:52

403.7E5 - Drug and Alcohol Reasonable Suspicion Observation Form

403.7E5 - Drug and Alcohol Reasonable Suspicion Observation Form

This form must be completed by each trained employee observing the driver suspected of drug use and/or alcohol

misuse by behavior, speech and/or odor while on duty, the earlier of within 24 hours or the determination of reasonable suspicion or prior to receiving the test results.   The observations must be specific, contemporaneous and articulable concerning the appearance, behavior, speech and body odor of the driver.

An example of an appropriate observation statement is, “The driver entered the bus barn slowly and held onto the bus until the driver reached the bus door,” rather than, “The driver came to work stoned and could not walk without holding onto the bus for support.”

Employees must notify the director of transportation about the situation.  The director of transportation will notify the superintendent and they will contact law enforcement to assist with the investigation.

 

 

_____________________________________________                         ________________________
                           Employee’s Name                                                                Date of Observation

Time of Observation:   From __________ a.m./p.m. to __________ a.m./p.m.

Location:  ______________________________________________________________

Observed personal behavior:  (check all appropriate items)

Speech:                                                                        ___Normal       ___Incoherent    ___Confused  

                                                                              ___Slurred       ___Whispering ___Silent

Balance:                                                                          ___Normal          ___Swaying

                                                                               ___Staggering  ___Falling       

 

Walking and Turning:                                                       ___Normal       ___Stumbling     ___Swaying

                                                                        ___Arms raised for balance         ___Reaching for support

 

Awareness:                                                                  ___Normal       ___Confused      ___Paranoid

                                                                            ___Sleepy or stupor   ___Lack of coordination

 

Odor:                                                                                  ___Normal       ___Alcohol        ___Burned rope

Other observed behavior/odor:

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

 

Reasonable suspicion of current use or impaired by:       ___Alcohol      ___Drugs

 

Above behavior witnessed by:

_____________________________________________                         ________________________
                           (Signature)                                                                                                (Date)

_____________________________________________                         ________________________
                           (Signature) (optional)                                                                                (Date)

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:54

403.7E6 - Drug and Alcohol Program and Pre-Employment Testing written Consent to Share Information

403.7E6 - Drug and Alcohol Program and Pre-Employment Testing written Consent to Share Information

I, (   Name of Employee___   ), understand that as part of my employment in a position that requires a commercial driver’s license in the Independence Community School District, I grant consent for the District to conduct queries of the Federal Motor Carrier Safety Administration (“FMCSA”) Commercial Driver’s License Drug and Alcohol Clearinghouse to determine whether drug or alcohol violation information about me exists in the Clearinghouse.  I further consent to the District sharing information related to my drug and alcohol testing results with prior, current and future employers, as well as the FMCSA Clearinghouse in accordance with state and federal laws. 

I understand that the District will check and perform queries of my drug and alcohol testing results prior to my employment in any position which requires the use of a commercial driver’s license.  I further understand the District will check and perform queries of my testing results annually and is required to report any drug and alcohol violations of this policy to the FMCSA Clearinghouse. 

I understand that I am not required to consent to the query of the FMCSA Clearinghouse or the District sharing of drug and alcohol testing information with past, present or future employers or the FMCSA Clearinghouse; but that without my consent I understand I will be prohibited from performing safety sensitive functions, including driving a commercial motor vehicle, as required by FMCSA’s drug and alcohol program regulations. 

I hereby give my consent to the District to perform queries of the FMCSA Clearinghouse and share my drug and alcohol testing results with past, present and future employers, as well as the FMCSA Clearinghouse.

 

__________________________________________________               ________________________
(Signature of Employee)                                                                                      (Date)

 

dawn.gibson.cm… Mon, 02/15/2021 - 11:59

403.7R1 - Drug and Alcohol Testing Program

403.7R1 - Drug and Alcohol Testing Program

PRE-EMPLOYMENT PROCEDURES FOR BUS DRIVERS

All advertisements must include a statement that explains the position of a driver in the Independence Community School District is subject to drug and alcohol testing to include pre-employment testing.  Should the potential employee already be under a recognized or approved Department of Transportation (D.O.T.) testing program, the pre-employment testing may be waived at the discretion of the superintendent/designee.  The potential employee must provide proof of participation in such a program (403.7E2).  A potential employee that is not currently under another approved testing program must consent to release any and all drug and alcohol related information records (403.7E3) from any previous employer dating back 24 months as well as be subject to pre-employment testing.

All potential drivers will be given training on controlled substances and alcohol use by the transportation director prior to being eligible for driving duties.  This training will consist of a self study of the “Drug and Alcohol Training Handbook” developed by the D.O.T.  Upon completion of this self study, the potential employee will sign off on the Drug and Alcohol Acknowledgement Form (403.7E4) in the presence of the transportation director that they have read and understand the contents of the handbook.  The transportation director will receive all acknowledgement forms and maintain a confidential file on the drug and alcohol testing program for each employee under this program.  Records will be maintained for a minimum of five years.

The transportation director will coordinate all testing with an approved D.O.T. provider.  Should a potential employee test positive or they have refused to any part of the above, mentioned procedures, they will not be considered for employment.

 

EMPLOYMENT PROCEDURES FOR BUS DRIVERS

All bus drivers are subject to random testing at any time throughout the calendar year.  Quarterly random testing will be done.  Should a bus driver be involved in an accident while operating a school vehicle (CMV), the school district will test each surviving driver for alcohol and controlled substances when either:

  • The accident involved a FATALITY; or
  • The driver RECEIVED A CITATION under state or local law for a moving traffic violation arising from the accident, and either ONE or BOTH of the following OCCURRED in the accident:
    1. Bodily injury requiring immediate medical treatment away from the scene.
    2. One or more of the motor vehicles incurred disabling damage requiring it to be towed from the scene by another motor vehicle or tow truck.

 

REASONABLE SUSPICION

Should a bus driver’s behavior be questioned as potentially being under the influence, it is recommended that there be two witnesses to the behavior, but it is not required.  When considering reasonable suspicion, only the transportation director/designee is authorized to request the test be administered. It is important to note that only those who have received the U.S. D.O.T. training may request this test.  A driver can be notified for a reasonable suspicion test only just before, during, or just after performing a safety sensitive function (within 30 minutes).  When it is believed reasonable suspicion exists, it is important to meet with the driver in private and document the observations leading to the reasonable suspicion test (403.7E5).  Upon completion of the meeting, the transportation director may notify the program provider for a test to be administered.  Failure by the employee to submit to the test will be considered grounds for termination with the Independence Community School District.

 

dawn.gibson.cm… Mon, 02/15/2021 - 12:00

404 - Employee Conduct and Appearance

404 - Employee Conduct and Appearance dawn.gibson.cm… Mon, 02/15/2021 - 12:02

404.01 - Employee Conduct and Appearance

404.01 - Employee Conduct and Appearance

Employees are role models for the students who come in contact with them during and after school hours.  The board recognizes the positive effect employees can have on students in this capacity.  To this end, the board strongly suggests and encourages employees to dress themselves, groom themselves and conduct themselves in a manner appropriate to the educational environment.

Employees will conduct themselves in a professional manner.  Employees will dress in attire appropriate for their position.  Clothing should be neat, clean, and in good taste.  Discretion calls for an avoidance of extremes which would interfere with or have an effect on the educational process.

Licensed employees of the school district will follow the code of ethics for their profession as established by the Iowa Board of Educational Examiners.

 

 

Legal Reference:  Iowa Code § 279.8 (2003).
  
                                    282 I.A.C. 13.

Cross Reference:  307      Administrator Code Of Ethics
  
                                    401.1   Employee Orientation
  
                                    106      Anti-Bullying/Harassment
  
                                    403.6   Substance-Free Workplace
  
                                    407      Licensed Employee Termination of Employment
  
                                    413      Classified Employee Termination of Employment

Approved 11/1/2004                       Reviewed 11/21/2011                     Revised 11/19/2007
                                                                        05/16/2022                                  05/16/2016

 

dawn.gibson.cm… Thu, 02/18/2021 - 08:53

404.01R1 - Employee Conduct Regulation

404.01R1 - Employee Conduct Regulation

CHAPTER 25

282—25.1(272) Scope of standards. This code of professional conduct and ethics constitutes mandatory minimum standards of practice for all licensed practitioners as defined in Iowa Code chapter 272. The adherence to certain professional and ethical standards is essential to maintaining the integrity of the education profession.

282—25.2(272) Definitions. Except where otherwise specifically defined by law:

“Administrative and supervisory personnel” means any licensed employee such as superintendent, associate superintendent, assistant superintendent, principal, associate principal, assistant principal, or other person who does not have as a primary duty the instruction of pupils in the schools.

“Board” means the Iowa board of educational examiners.

“Discipline” means the process of sanctioning a license, certificate or authorization issued by the board.

“Ethics” means a set of principles governing the conduct of all persons governed by these rules.

“Fraud” means knowingly providing false information or representations on  an  application for licensure or employment, or knowingly providing false information or representations made in connection with the discharge of duties.

“License” means any license, certificate, or authorization granted by the board.

“Licensee” means any person holding a license, certificate, or authorization granted by the board.

“Practitioner” means an administrator, teacher, or other licensed professional, including an individual who holds a statement of professional recognition, who provides educational assistance to students.

“Responsibility” means a duty for which a person is accountable by virtue of licensure.

“Right” means a power, privilege, or immunity secured to a person by law.

“Student” means a person, regardless of age, enrolled in a prekindergarten through grade 12 school, who is receiving direct or indirect assistance from a person licensed by the board.

Teacher” means any person engaged in the instructional program for prekindergarten through grade

12 children, including a person engaged in teaching, administration, and supervision, and who is required by law to be licensed for the position held.

[ARC 7979B, IAB 7/29/09, effective 9/2/09]

282—25.3(272) Standards of professional conduct and ethics. Licensees are required to abide by all federal, state, and local laws applicable to the fulfillment of professional obligations. Violation of federal, state, or local laws in the fulfillment of professional obligations constitutes unprofessional and unethical conduct which can result in disciplinary action by the board. In addition, it is hereby deemed unprofessional and unethical for any licensee to violate any of the following standards of professional conduct and ethics:

25.3(1) Standard I—conviction of crimes, sexual or other immoral conduct with or toward a student, and child and dependent adult abuse. Violation of this standard includes:

a.    Fraud. Fraud means the same as defined in rule 282—25.2(272).

b.    Criminal convictions. The commission of or conviction for a criminal offense as defined by

Iowa law provided that the offense is relevant to or affects teaching or administrative performance.

(1)  Disqualifying criminal convictions. The board shall deny an application for licensure and shall revoke a previously issued license if the applicant or licensee has, on or after July 1, 2002, been convicted of, has pled guilty to, or has been found guilty of the following criminal offenses, regardless of whether the judgment of conviction or sentence was deferred:

1.  Any of the following forcible felonies included in Iowa Code section 702.11: child endangerment, assault,   

     murder, sexual abuse, or kidnapping;

2.   Any of the following criminal sexual offenses, as provided in Iowa Code chapter 709, involving a child:

●     First-, second- or third-degree sexual abuse committed on or with a person who is under the age of 18;

●     Lascivious acts with a child;

●     Assault with intent to commit sexual abuse;

●     Indecent contact with a child;

●     Sexual exploitation by a counselor;

●     Lascivious conduct with a minor;

●     Sexual exploitation by a school employee;

●     Enticing a minor under Iowa Code section 710.10; or

●     Human trafficking under Iowa Code section 710A.2;

3.    Incest involving a child as prohibited by Iowa Code section 726.2;

4.    Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code section 728.2;

5.    Telephone dissemination of obscene material to minors as prohibited by Iowa Code section 728.15;

6.  Any offense specified in the laws of another jurisdiction, or any offense that may be prosecuted in a  federal,    

    military,  or  foreign court,  that is  comparable to  an  offense listed in  subparagraph 25.3(1)“b”(1); or

7.   Any offense under prior laws of this state or another jurisdiction, or any offense under prior law that was    

      prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in subparagraph  

      25.3(1)“b”(1).

(2)   Other criminal convictions and founded child abuse. In determining whether a person should be denied a license or whether a licensee should be disciplined based upon any other criminal conviction, including a conviction for an offense listed in 25.3(1)“b”(1) which occurred before July 1, 2002, or a founded report of abuse of a child, the board shall consider:

1.    The nature and seriousness of the crime or founded abuse in relation to the position sought;

2.    The time elapsed since the crime or founded abuse was committed;

3.    The degree of rehabilitation which has taken place since the crime or founded abuse was committed;

4.    The likelihood that the person will commit the same crime or abuse again;

5.    The number of criminal convictions or founded abuses committed; and

6.     Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened   

        risk to public safety.

c.     Sexual involvement or indecent contact with a student. Sexual involvement includes, but is not limited to, the following acts, whether consensual or nonconsensual: fondling or touching the inner thigh, groin, buttocks, anus or breasts of a student; permitting or causing to fondle or touch the practitioners 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)   Signing a written professional employment contract while under contract with another school, school district, or area education agency.

(2)   Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract.  An administrator shall make a good faith effort to determine whether the practitioner has been released from the current contract.

(3)   Abandoning a written professional employment contract without prior unconditional release by the employer.

(4)   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.

(5)   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 practitioners 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 practitioners 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 practitioners 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 practitioners 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 ones 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, student loan obligations, 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 9 concerning repayment of student loans. C.         Failing to comply with 282—Chapter 10 concerning child support obligations. D.    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.

 

dawn.gibson.cm… Thu, 02/18/2021 - 08:57

405 - Licensed Employees - General

405 - Licensed Employees - General dawn.gibson.cm… Thu, 02/18/2021 - 09:07

405.01 - Licensed Employee Defined

405.01 - Licensed Employee Defined

 

Licensed employees, including administrators, are those employees required to hold an appropriate license from the Iowa Department of Education for their position as required by the Board of Educational Examiners or others with professional licenses.  Licenses required for a position will be considered met if the employee meets the requirements established by the Iowa Department of Education.

It will be the responsibility of the superintendent to establish job specifications and job descriptions for licensed employees' positions, other than the position of the superintendent.  Job descriptions may be approved by the board.

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

 

Legal Reference:          Clay v. Independent School District of Cedar Falls, 187 Iowa

                                    89, 174 N.W. 47 (1919).

                                    Iowa Code §§ 256.7(3); 272.6; 272A; 279.8; 294.1 (2003).

                                    282 I.A.C. 14.

                                    281 I.A.C. 12.4; 41.25.

                                    1940 Op. Att'y Gen. 375.

 

Cross Reference:          405.2   Licensed Employee Qualifications, Recruitment Selection

                                    410.1   Substitute Teachers

                                    411.1   Classified Employee Defined

 

Approved:  11/01/2004

Reviewed:  11/19/2007, 12/19/2011, 12/19/2016

Revised: 06/20/2022

 

                  

 

dawn.gibson.cm… Thu, 02/18/2021 - 09:07

405.02 - Licensed Employee Qualifications, Recruitment, Selection

405.02 - Licensed Employee Qualifications, Recruitment, Selection

 

Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," will have an opportunity to apply and qualify for licensed positions in the school district in accordance with applicable laws and school district policies regarding equal employment.  Job applicants for licensed positions will be considered on the basis of the following:

                  ·        Training, experience, and skill;

                  ·        Nature of the occupation;

                  ·        Demonstrated competence; and

                  ·        Possession of, or ability to obtain, state license if required for the position.

All job postings will be submitted to the Iowa Workforce Development for posting on IowaWORKS.gov, 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 will employ licensed employees after receiving a recommendation from the superintendent.  However, the superintendent will have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.

 

 

Legal Reference:          29 U.S.C. §§ 621-634.

                                    42 U.S.C. §§ 2000e 12101 et seq.

                                    Iowa Code §§ 20; 35C; 84A.6(4)(b); 216; 279.13.

                                    281 I.A.C. 12.

                                    282 I.A.C. 14.

                                    1980 Op. Att'y Gen. 367.

 

Cross Reference:          401.2   Equal Employment Opportunity

                                    405      Licensed Employees - General

                                    410.1   Substitute Teachers

 

Approved:  06/19/2007

Reviewed:  12/19/2011

Revised:  05/16/2016, 05/20/2019, 06/20/2022, 06/17/2024

 

 

 

dawn.gibson.cm… Thu, 02/18/2021 - 09:09

405.03 - Licensed Employee Individual Contracts

405.03 - Licensed Employee Individual Contracts

 

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

Each contract will be for a period of one year, beginning on July 1 and ending on June 30.

It will be the responsibility of the superintendent to complete the contracts for licensed employees and present them to the board for approval.  The contracts, after being signed by the board president, will be returned to the superintendent.  The superintendent will obtain the employee's signature.  After being signed, the contract will be filed with the board secretary.

 

 

Legal Reference:          Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).

                                    Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 467 (1927).

                                    Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).

                                    Iowa Code chs. 20; 279 (2003).

 

Cross Reference:          405.2   Licensed Employee Qualifications, Recruitment, Selection

                                    405.4   Licensed Employee Continuing Contracts

                                    407      Licensed Employee Termination of Employment

 

Approved:  11/01/2004

Reviewed:  11/19/2007, 12/19/2011, 12/19/2016

Revised:  06/20/2022

 

 

                                                                  

 

 

 

dawn.gibson.cm… Thu, 02/18/2021 - 09:12

405.04 - Licensed Employee Continuing Contracts

405.04 - Licensed Employee Continuing Contracts

 

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

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

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

 

 

Legal Reference:          Ar-We-Va Community School District v. Long and Henkenius, 292 N.W.2d 402 (Iowa 1980).

                                    Bruton v. Ames Community School District, 291 N.W.2d 351 (Iowa 1980).

                                    Hartman v. Merged Area VI Community College, 270 N.W.2d 822 (Iowa 1978).

                                    Keith v. Community School District of Wilton in the Counties of Cedar and Muscatine, 262 N.W.2d 249 (Iowa 1978).

                                    Iowa Code §§ 272; 279

 

Cross Reference:          405.3   Licensed Employee Individual Contracts

                                    405.9   Licensed Employee Probationary Status

                                    407      Licensed Employee Termination of Employment

 

Approved:  11/01/2004

Reviewed:  11/19/2007, 12/19/2011, 12/19/2016

Revised:  05/20/2019, 06/20/2022

 

 

 

 

 

dawn.gibson.cm… Thu, 02/18/2021 - 09:13

405.05 - Licensed Employee Work Day

405.05 - Licensed Employee Work Day

The work day for licensed employees will begin each day of the school year at a time established by the superintendent.  Licensed employees who are employed only during the academic year will have the same work day as other licensed employees.  "Day" is defined as one work day regardless of full-time or part-time status of an employee.

Licensed employees are to be in their assigned school building during the work day.  Advance approval to be absent from the school 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 will be reported to the superintendent.

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

 

 

Legal Reference:          Iowa Code §§ 20; 279.8.

 

 

Cross Reference:          200.3   Powers of the Board of Directors

 

Approved:  11/01/2004

Reviewed:  11/19/2007, 12/19/2011, 01/23/2017

Revised:  05/20/2019, 06/20/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 09:15

405.06 - Licensed Employee Assignment

405.06 - Licensed Employee Assignment

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

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

 

 

Legal Reference:          Iowa Code §§ 20; 279.8.

 

 

Cross Reference:          200.3   Powers of the Board of Directors

 

Approved:  11/01/2004

Reviewed:  11/19/2007, 12/19/2011, 01/23/2017+

Revised:  05/20/2019, 06/20/2022

 

                                                                         

 

dawn.gibson.cm… Thu, 02/18/2021 - 09:16

405.07 - Licensed Employee Transfers

405.07 - Licensed Employee Transfers

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

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

It will be 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:  11/01/2004

Reviewed:  11/19/2007, 12/19/2011, 01/23/2017

Revised:  05/20/2019, 06/20/2022

 

 

 

dawn.gibson.cm… Thu, 02/18/2021 - 09:17

405.08 - Licensed Employee Evaluation

405.08 - Licensed Employee Evaluation

 

Evaluation of licensed employees on their skills, abilities, and competence will be 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, will be 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 will be in writing and approved by the board.  The formal evaluation will provide an opportunity for the evaluator and the licensed employee to discuss the past year's performance and the future areas of growth.  The formal evaluation will be 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.

It will be the responsibility of the superintendent to ensure licensed employees are evaluated.  New and probationary licensed employees will be 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. 12.3(4).

 

Cross Reference:          405.2   Licensed Employee Qualifications, Recruitment, Selection

                                    405.9   Licensed Employee Probationary Status

 

Approved:  11/01/2004

Reviewed:  11/19/2007, 12/19/2011, 01/23/2017

Revised:  05/20/2019, 06/20/2022

 

 

 

 

dawn.gibson.cm… Thu, 02/18/2021 - 09:18

405.09 - Licensed Employee Probationary Status

405.09 - Licensed Employee Probationary Status

The first three consecutive years of a licensed employee's contract will be a probationary period unless the employee has already successfully completed the probationary period in an Iowa school district.  New employees who have successfully completed a probationary period in a previous Iowa school district 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:  11/01/2004

Reviewed:  11/19/2007, 12/19/2011, 01/23/2017

Revised:  05/20/2019, 06/20/2022

 

 

 

dawn.gibson.cm… Thu, 02/18/2021 - 09:20

405.10 - Licensed Employee Organization Affiliation

405.10 - Licensed Employee Organization Affiliation

 

Licensed employees who qualify may join the ITA, Independence Teachers 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 education program and school district operations.

The superintendent will have sole discretion to determine whether association activities interfere with the education program and school district operations.  Association members must follow the board policy on public use of school property.

The board will 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; 279.8 (2003).

 

 

Cross Reference:          408      Licensed Employee Professional Growth

 

Approved 11/1/2004                             Reviewed 11/19/2007                           Revised 06/20/2022

                                                                                  12/19/2011

                                                                             01/23/2017

                                                                             06/20/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 09:21

406 - Licensed Employee Compensation and Benefits

406 - Licensed Employee Compensation and Benefits dawn.gibson.cm… Thu, 02/18/2021 - 09:22

406.1 - Licensed Employee Compensation

406.1 - Licensed Employee Compensation

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

It will be the responsibility of the superintendent to make a recommendation to the board annually regarding the licensed employee compensation.  The base wages of licensed employees are subject to review and modification through the collective bargaining process.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding wages and salaries of such employees will be followed.

 

Legal Reference:          Iowa Code §§ 20.1, .4, .7, .9; 279.8.

 

Cross Reference:          405      Licensed Employees - General

                                    406.2   Licensed Employee Compensation Advancement

 

 

Approved 11/1/2004                             Reviewed 12/17/2007                           Revised 06/17/2019

                                                                             01/16/2012                                         06/20/2022

                                                                             01/23/2017

                                                                             06/17/2019

                                                                             06/20/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:02

406.2 - Licensed Employee Compensation Advancement

406.2 - Licensed Employee Compensation Advancement

The board will determine if licensed employees will advance in compensation for their licensed employees' positions keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

It will be the responsibility of the superintendent to make a recommendation to the board for the advancement of licensed employees.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding salary advancement of such employees will be followed.

 

 

Legal Reference:          Iowa Code §§ 20.1, .4, .7, .9; 279.8.

 

Cross Reference:          405      Licensed Employees - General

                                    406      Licensed Employee Compensation and Benefits

 

Approved 11/1/2004                             Reviewed 12/17/2007                            Revised 06/17/2019

                                                                             01/16/2012                                         06/20/2022

                                                                             01/23/2017

                                                                             06/17/2019

                                                                             06/20/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:03

406.3 - Licensed Employee Continued Education Credit

406.3 - Licensed Employee Continued Education Credit

Continued education on the part of licensed employees may entitle them to advancement in compensation.  Licensed employees who have completed additional hours will be considered for advancement.  The board will 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 the superintendent by March 15th of the school year preceding the actual year when advancement occurs.  This additional education must be in the same area as the education that was required of the employee to hold the employee's current position with the school district.  For purposes of illustration only, a math teacher would advance only if the additional education was in math courses.  The superintendent has the discretion to approve credit outside the employee's area of endorsement or responsibility.

It will be the responsibility of the superintendent to make a recommendation to the board for the advancement of a licensed employee.

The requirements stated in the Master Contract between licensed employees in a certified collective bargaining unit and the board regarding continued education credit of such employees will be followed.

 

Legal Reference:          Iowa Code §§ 20.1, .4, .7, .9; 279.8.

 

 

Cross Reference:          405      Licensed Employees - General

                                    406      Licensed Employee Compensation and Benefits

 

Approved 11/1/2004                             Reviewed 12/17/2007                            Revised 06/17/2019

                                                                             01/16/2012                                           06/20/2022

                                                                            01/23/2017

                                                                             06/17/2019

                                                                            06/20/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:04

406.4 - Licensed Employee Compensation for Extra Duty

406.4 - Licensed Employee Compensation for Extra Duty

A licensed employee may volunteer or be required to take on extra duty, with the extra duty being secondary to the major responsibility of the licensed employee.  The board may, in its sole discretion, establish compensation for extra duty licensed employee positions keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

Vacant extra duty positions, for which extra compensation will be earned, will be posted to allow qualified licensed employees to volunteer for the extra duty.  If no licensed employee volunteers for extra duty, the superintendent shall assign the extra duty positions to qualified licensed employees.  The licensed employee will receive compensation for the extra duty required to be performed.

It will be 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 11/1/2004                             Reviewed 12/17/2007                            Revised 06/17/2019

                                                                             01/16/2012                                         06/20/2022

                                                                             01/23/2017

                                                                             06/17/2019

                                                                             06/20/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:06

406.5 - Licensed Employee Group Insurance Benefits

406.5 - Licensed Employee Group Insurance Benefits

Licensed employees may be eligible for group insurance and health benefits as determined by the board and required by law.  The board will select the group insurance program and the insurance company or third party administrator which will provide the program.

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, 279.27; 509; 509A; 509B.

                                                Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR

Parts 1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR

Parts 1, 54 and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014).

 

Cross Reference:          405.1   Licensed Employee Defined

 

Approved 11/1/2004                             Reviewed 12/17/2007                            Revised 06/17/2019

                                                                             01/16/2012                                         10/18/2021

                                                                             01/23/2017

                                                                             06/17/2019

                                                                             10/18/2021

                                                                           06/20/2022

dawn.gibson.cm… Thu, 02/18/2021 - 10:07

406.6 - Licensed Employee Tax Shelter Programs

406.6 - Licensed Employee Tax Shelter Programs

Employees may elect to have amounts withheld from their pay for items authorized by law, subject to agreement of the district.  The board may authorizes the administration to make a payroll deduction for licensed employees' tax-sheltered annuity premiums purchased from a company or program if chosen by the board.

Licensed employees wishing to have payroll deductions for tax-sheltered annuities will make a written request to the superintendent.  Requests for purchase or change of tax-sheltered annuities may be made by the first of the month prior to the payroll deduction.

 

 

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 11/1/2004                             Reviewed 12/17/2007                            Revised 01/19/2009
                                                                              01/16/2012                                          06/17/2019
                                                                              01/23/2017
                                                                              06/17/2019

                                                                              06/20/2022

                                                                                          

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:09

407 - Licensed Employee Termination of Employment

407 - Licensed Employee Termination of Employment dawn.gibson.cm… Thu, 02/18/2021 - 10:10

407.1 - Licensed Employee Resignation

407.1 - Licensed Employee Resignation

A licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the board for return of the contract.  This applies to regular contracts for the licensed employee's regular duties and for an extracurricular contract for extra duty.  Resignations of this nature will be accepted by the board.

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 (2003).

Cross Reference:  405.3   Licensed Employee Individual Contracts
  
                                    405.4   Licensed Employee Continuing Contracts
  
                                    407      Licensed Employee Termination of Employment

Approved 11/1/2004                             Reviewed 12/17/2007                            Revised                   
                                                                                       01/16/2012
                                                                                       02/20/2017                                                                                                                                                                                   07/18/2022

 

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:14

407.2 - Licensed Employee Contract Release

407.2 - Licensed Employee Contract Release

Licensed employees who wish to be released from an executed contract must give at least twenty-one days notice to the superintendent.  Licensed employees may be released at the discretion of the board.  Only in unusual and extreme circumstances will the board release a licensed employee from a contract.  The board will have sole discretion to determine what constitutes unusual and extreme circumstances.

Release from a contract will be contingent upon finding a suitable replacement.  Licensed employees requesting release from a contract after it has been signed and before it expires will be required to pay the board the cost of advertising or other reasonable administrative costs incurred to locate and hire a suitable replacement.  Upon written mutual agreement between the employee and the superintendent, and to the extent allowed by law, the costs may be deducted from the employee's salary.  Payment of these costs is a condition for release from the contract at the discretion of the board.  Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.

The superintendent is authorized to file a complaint with the Board of Educational Examiners against a licensed employee who leaves without proper release from the board. 

 

Legal Reference:  Iowa Code §§ 91A (1); 216; 272; 279.13, .19A, .46.
  
                                    

Cross Reference:  405.3   Licensed Employee Individual Contracts
  
                            405.4   Licensed Employee Continuing Contracts
  
                            407.3   Licensed Employee Retirement

 

Approved:  11/01/2004

Reviewed:  01/16/2012, 02/20/2017, 07/18/2022, 06/19/2023

Revised:  11/19/2007, 07/18/2022, 06/19/2023

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:15

407.5 - Licensed Employee Suspension

407.5 - Licensed Employee Suspension

Licensed employees will perform their assigned job, respect and follow board policy, and obey the law.  The superintendent is authorized to suspend a licensed employee pending board action on a discharge, for investigation of charges against the employee, and for disciplinary purposes.  It 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 will be followed.

 

 

Legal Reference:  Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (Iowa 1987).
 
                                    McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).
  
                                    Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2003).

Cross Reference:  404      Employee Conduct and Appearance
  
                                    407      Licensed Employee Termination of Employment

Approved 11/1/2004                             Reviewed 12/17/2007                            Revised 07/18/2022
                                                                                       02/27/2012
                                                                                       02/20/2017                                                                                                                                                                                   07/18/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:33

407.6 - Licensed Employee Reduction in Force

407.6 - Licensed Employee Reduction in Force

The board has the exclusive authority to determine the appropriate number of licensed employees.  A reduction of licensed employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, and other reasons deemed relevant by the board.

The reduction in licensed employees, other than administrators, will be done through normal attrition if possible.  If normal attrition does not meet the necessary reduction in force required, the board may terminate licensed employees.

It will be the responsibility of the superintendent to make a recommendation for termination to the board.  The superintendent will 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.

Cross Reference:  407.5   Licensed Employee Suspension
  
                                    413.6   Classified Employee Reduction in Force
  
                                    703      Budget

Approved 11/1/2004                             Reviewed 12/17/2007                            Revised 06/17/2019
                                                                                       02/27/2012                                 07/18/2022
                                                                                       02/20/2017
                                                                                       06/17/2019                                                                                                                                                                                   07/18/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:35

408 - Licensed Employee Professional Growth

408 - Licensed Employee Professional Growth dawn.gibson.cm… Thu, 02/18/2021 - 10:37

408.01 - Licensed Employee Professional Development

408.01 - Licensed Employee Professional Development

The board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills.  The board will maintain and support an in-service program for licensed employees. Professional development activities will include activities that promote and/or teach about compliance with applicable Iowa laws.

Requests for attendance or participation in a development program, other than those development programs sponsored by the school district, will be made to the principals.  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 are in excess of 200 miles and overnight travel must also be approved by the board.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the Board regarding professional development of such employees will be followed.

 

 

Legal Reference:  Iowa Code § 279.8; 294.
  
                                    281 I.A.C. 12.7; 83.6.

Cross Reference:  405.10 Licensed Employee Organization Affiliation
  
                                    414.10 Classified Employee Professional Purposes Leave

Approved 11/1/2004                             Reviewed 12/17/2007                            Revised 06/17/2019
                                                                               02/27/2012                                         07/18/2022
                                                                               02/20/2017                                         11/21/2022
                                                                               06/17/2019                                                                                                                                                                                   07/18/2022

                                                                               11/21/2022

                                                                

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:37

408.2 - Licensed Employee Publication or Creation of Materials

408.2 - Licensed Employee Publication or Creation of Materials

Materials created by licensed employees and the financial gain therefrom will 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 employee's employment.  The licensed employee must seek prior written approval of the superintendent concerning such activities.

 

 

Legal Reference:  Iowa Code § 279.8 (2003).

Cross Reference:  401.3   Employee Conflict of Interest
  
                                    606.6   Student Production of Materials and Services

Approved 11/1/2004                             Reviewed 12/17/2007                            Revised 07/18/2022
                                                                                       02/27/2012
                                                                                       02/20/2017                                                                                                                                                                                     07/18/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:38

408.3 - Licensed Employee Tutoring

408.3 - Licensed Employee Tutoring

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

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

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

 

 

Legal Reference:  Iowa Code §§ 20.7; 279.8 (2003).

Cross Reference:  401.3   Employee Conflict of Interest
  
                                    402.7   Employee Outside Employment

Approved 11/1/2004                             Reviewed 12/17/2007                            Revised                   
                                                                                       02/27/2012
                                                                                       02/20/2017                                                                                                                                                                                   07/18/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:40

409 - Licensed Employee Vacations and Leaves of Absence

409 - Licensed Employee Vacations and Leaves of Absence dawn.gibson.cm… Thu, 02/18/2021 - 10:41

409.01 - Employee Vacation - Holidays

409.01 - Employee Vacation - Holidays

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

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

 

 

Legal Reference:  Iowa Code §§ 1C.1; 4.1(34); 20.

Cross Reference:  601.1   School Calendar

Approved 11/1/2004                             Reviewed 12/17/2007                            Revised 06/17/2019
                                                                                       02/27/2012                                 09/21/2020
                                                                                       03/20/2017                                 07/18/2022
                                                                                       06/17/2019
                                                                                       09/21/2020                                                                                                                                                                                     07/18/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:41

409.02 - Employee Leave of Absence

409.02 - Employee Leave of Absence

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

  • Personal Illness (Sick) Leave – Leave for medically-related disability or illness
  • Family Sick Leave - Leave to care for a sick member of the employee’s immediate family
  • Bereavement Leave – Leave to mourn the loss of a family member or close friend
  • Personal 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
  • Professional Leave
  • Unpaid Leave – To excuse an involuntary absence not provided for in other leave policies of the board

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

  • Personal Illness (Sick) Leave – Leave for medically-related disability or illness
  • Family Sick Leave – Leave to care for a sick member of the employee’s immediate family
  • Bereavement Leave – Leave to mourn the loss of a family member or close friend
  • Personal 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
  • Professional Leave
  • Unpaid Leave – To excuse an involuntary absence not provided for in other leave policies of the board

The provisions of each leave offering will be detailed in the Master Contract.

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 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

                                    409.8   Licensed Employee Unpaid Leave

 

 

Approved 09/21/2020                        Reviewed 09/21/2020                               Revised 01/18/2021

                                                                        01/18/2021                                           10/18/2021

                                                                        10/18/2021                                                                                                                                                                                  07/18/2022

dawn.gibson.cm… Thu, 02/18/2021 - 10:44

409.03 - Employee Family and Medical Leave

409.03 - Employee Family and Medical Leave

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 fiscal year.  Requests for family and medical leave will be made to the superintendent. 

After all applicable leaves are exhausted, employees are allowed to apply for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.  Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave. 

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’s website.  Contact the central administration office if you need assistance.

 

 

 

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).

Approved 11/1/2004                             Reviewed 12/17/2007                            Revised 09/21/2009
                                                                                       06/17/2019                                       04/16/2012
                                                                                       09/21/2020                                        07/17/2017
                                                                                       07/18/2022                                        06/17/2019
                                                                                                                                                 09/21/2020                                                                                                                                                                                   07/18/2022

                                                                              

dawn.gibson.cm… Thu, 02/18/2021 - 10:46

410 - Other Licensed Employee

410 - Other Licensed Employee dawn.gibson.cm… Thu, 02/18/2021 - 10:49

410.1 - Substitute Teachers

410.1 - Substitute Teachers

The board recognizes the need for substitute teachers.  Substitute teachers will be licensed through the Board of Educational Examiners.

It will 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 will be the responsibility of the building principal to fill absences with substitute teachers immediately.

Definition:

a.  A substitute teacher serves on a temporary basis in the school district.

Substitute Teachers:

1.  Personnel serving on a substitute basis in the school will possess certification from the State Department of

     Education.  A baccalaureate degree and teaching experience are preferred.

2.  Properly certified substitutes will be paid a per diem rate determined by the superintendent.

3.  On the 11th consecutive school day that a substitute serves in the same assignment, the per diem rate will

      increase to B.A. base without Teacher Supplement Salary (TSS) monies.

NOTE:  All substitute pay rates will be computed and paid to the nearest whole dollar for the daily rate.

 

 

Legal Reference:  Iowa Association of School Boards v. PERB, 400 N.W.2d 571 (Iowa 1987).
  
                                    Iowa Code §§ 20.1, .4(5), .9 (2003).
  
                                    281 I.A.C. 12.4.

Cross Reference:  405.1   Licensed Employee Defined
                                      405.2   Licensed Employee Qualifications, Recruitment, Selection

Approved 11/1/2004                             Reviewed 03/19/2012                           Revised 06/26/2006  
                                                                             06/17/2019                                       06/21/2016
                                                                             07/18/2022                                       06/17/2019                                                                                                                                                                                  07/18/2022     

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:50

410.2 - Shared Licensed Employees

410.2 - Shared Licensed Employees

The board may make arrangements for sharing employees with neighboring school districts in order to expand the opportunities available in the education program and the operation of the school district.  It will be within the discretion of the board to determine when and with which school district sharing agreements will be made.

It will be the responsibility of the superintendent to bring to the board's attention opportunities for sharing employees with neighboring school districts.

 

 

Legal Reference:  Iowa Code §§ 28E; 256.11-.12; 257.11; 280.15; 282.7(1) (2003).

Cross Reference:  217.3   Board of Directors and Adjoining District Board of Directors
  
                                    302.3   Administration and Adjoining District Administration
  
                                    606.1   Shared Students

Approved    11/1/2004                           Reviewed 01/21/2008                           Revised 07/18/2022
                                                                                       03/19/2012    
                                                         
                             03/20/2017                                                                                                                                                                                     07/18/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:51

410.3 - Student Teachers – Internships

410.3 - Student Teachers – Internships

The board will cooperate with post-secondary educational institutions to assist in the practical preparation of teachers and other licensed employee positions.  Student teachers and other student interns may be assigned duties in the school district.

Licensed employees will not be required to utilize student teachers or student interns.  Experienced teachers and teachers in good standing may be allowed to have student teachers or student interns.

It will be the responsibility of the superintendent to make arrangements with the post-secondary educational institutions for student teachers and student internships.  Such arrangements will safeguard the interest of the student teachers and student interns, the post-secondary educational institution and the school district.

It will 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 § 272.27 (2003).
  
                                    281 I.A.C. 77.
  
                                    1974 Op. Att'y Gen. 6.
  
                                    1936 Op. Att'y Gen. 462.

Cross Reference:  904      Public Participation in the School District

Approved   11/1/2004                            Reviewed 01/21/2008                           Revised 07/18/2022
                                                                                       03/19/2012
                                                                                       03/20/2017                                                                                                                                                                                   07/18/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:52

410.4 - Truancy Officer

410.4 - Truancy Officer

The board will appoint a licensed employee 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 (2003).

Cross Reference:  501.10 Truancy - Unexcused Absences

Approved   11/1/2004                            Reviewed 01/21/2008                           Revised                   
                                                                                       03/19/2012
                                                                                       03/20/2017                                                                                                                                                                                     07/18/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:54

410.5 - Education Aide

410.5 - Education Aide

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 will be compensated at the rate of pay established for their position as an education aide.  It will be the responsibility of the principal to supervise education aides.

 

 

Legal Reference:  Iowa Code §§ 279.8; 280.3, .14 (2003).
  
                                    281 I.A.C. 12.4(9); .5(9).

Cross Reference:  411.2   Classified Employee Qualifications, Recruitment, Selection

Approved    11/1/2004                           Reviewed 01/21/2008                           Revised 07/15/2022      
                                                                                     03/19/2012
                                                                                     03/20/2017                                                                                                                                                                                   07/18/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:54

410.6 - Summer School Licensed Employees

410.6 - Summer School Licensed Employees

The Independence Community School District will 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:  603.11 Summer School Instruction
  
                                    505.3   Student Promotion – Retention – Acceleration

Approved 10/19/2015                           Reviewed 03/20/2017                           Revised 07/18/2022                                                                                                                             07/18/2022 

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:56

411 - Classified Employees - General

411 - Classified Employees - General dawn.gibson.cm… Thu, 02/18/2021 - 10:57

411.01 - Classified Employee Defined

411.01 - Classified Employee Defined

Classified employees are employees who are not administrators or employees in positions which require a teaching license issued by the Iowa Board of Educational Examiners 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.

Classified employees may have letters of assignment stating the salary or hourly wage rate.  Classified employees are not guaranteed a minimum number of days or hours of employment.  All classified employees whether they do or do not have letters of assignment are considered “at will” employees who may be terminated at any time for any reason.  The superintendent or the superintendent’s designee has the authority to hire classified employees without advance board approval.  The superintendent or the superintendent’s designee may terminate the employment of a classified employee immediately for any reason.  Classified employees are not automatically re-employed.

It will be the responsibility of the superintendent to establish job specifications and job descriptions for classified employee positions.  Job descriptions may be approved by the board.

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

 

Legal Reference:          Iowa Code §§ 20; 279.8.

 

Cross Reference:          405.1   Licensed Employee Defined

                                    411.2   Classified Employee Qualifications, Recruitment, Selection

                                    412.3   Classified Employee Group Insurance Benefits

 

Approved:  11/01/2004

Reviewed:  01/21/2008, 04/16/2012, 04/18/2017

Revised:  06/15/2009, 06/17/2019, 08/15/2022

 

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:57

411.02 - Classified Employee Qualifications, Recruitment, Selection

411.02 - Classified Employee Qualifications, Recruitment, Selection

Persons interested in a classified employee position will have an opportunity to apply and qualify for classified employee positions in the school district in accordance with applicable laws and school district policies regarding equal employment.  Job applicants for classified employee 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 or other license or certificate, if required, for the position.

All job openings will be submitted to the Iowa Workforce Development for posting on IowaWORKS.gov, 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.  Applications for employment may be obtained from and completed applications may be returned to the central administration office.  Whenever possible, the preliminary screening of applicants will be conducted by the administrator who directly supervises and oversees the position.

The board will employ classified employees after receiving a recommendation from the superintendent.  However, the superintendent will have the authority to employ a classified 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 (1994).

                                    42 U.S.C. §§ 2000e et seq. (1994)

                                    42 U.S.C. §§ 12101 et seq. (1994).

                                    Iowa Code §§ 35C; 84A.6(4)(b); 216; 279.8; 294.1 (2003).

 

Cross Reference:          401.2   Equal Employment Opportunity

                                    411      Classified Employees - General

 

Approved:  06/19/2007

Reviewed:  04/16/2012, 

Revised:  05/16/2016, 02/20/2017, 08/15/2022, 06/17/2024

 

 

 

dawn.gibson.cm… Thu, 02/18/2021 - 10:59

411.03 - Classified Employee Letters of Assignment

411.03 - Classified Employee Letters of Assignment

The board may enter into written letters of assignment with classified employees employed on a regular basis.  The letter of assignment will state the terms of employment.

It is the responsibility of the superintendent to draw up and process the classified employee letters of assignment and present them to the board for approval.

 

 

Legal Reference:          Iowa Code §§ 20; 279.7A; 285.5(9) (2003).

 

 

Cross Reference:          411      Classified Employees - General

                                    412.1   Classified Employee Compensation

                                    412.2   Classified Employee Wage and Overtime Compensation

                                    413      Classified Employee Termination of Employment

 

Approved:  11/01/2004

Reviewed:  01/21/2008, 04/16/2012, 04/18/2017, 08/15/2022

Revised:  06/17/2019

 

 

dawn.gibson.cm… Thu, 02/18/2021 - 11:00

411.04 - Classified Employee Licensing/Certification

411.04 - Classified Employee Licensing/Certification

Classified employees who require a special license or other certification will keep them current at their own expense, except for the Early Childhood certification.  Licensing requirements needed for a position will be considered met if the employee meets the requirements established by law for the position.  The Early Childhood certification will be paid by the district as specified in the 4-Year Old Voluntary Preschool grant.

 

 

Legal Reference:          Iowa Code §§ 285.5(9); 272; 279.8.

                                    281 I.A.C. 12.4(10); 36; 43.

 

Cross Reference:          411.2   Classified Employee Qualifications, Recruitment, Selection

 

Approved:  11/01/2004

Reviewed:  01/21/2008, 04/16/2012, 04/18/2017

Revised:  06/17/2019, 08/15/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 11:02

411.05 - Classified Employee Assignment

411.05 - Classified Employee Assignment

 

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 will be the responsibility of the superintendent to assign classified employees and report such assignments to the board.

 

Legal Reference:          Iowa Code §§ 20; 279.8 (2003).

 

Cross Reference:          200.3   Powers of the Board of Directors

                                    411.6   Classified Employee Transfers

 

Approved:  11/01/2004

Reviewed:  01/21/2008, 04/16/2012, 04/18/2017

Revised:  08/15/2022

 

 

 

 

dawn.gibson.cm… Thu, 02/18/2021 - 11:03

411.06 - Classified Employee Transfers

411.06 - Classified Employee Transfers

 

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 will be the responsibility of the superintendent to transfer classified employees and report such transfers to the board.

 

 

Legal Reference:          29 U.S.C. §§ 621-634 (1994).

                                    42 U.S.C. §§ 2000e et seq. (1994)

                                    42 U.S.C. §§ 12101 et seq. (1994).

                                    Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1 (2003).

 

Cross Reference:          411.2   Classified Employee Qualifications, Recruitment, Selection

                                    411.5   Classified Employment Assignment

 

Approved:  11/01/2004

Reviewed:  01/21/2008, 04/18/2017

Revised:  05/21/2012, 06/17/2019, 08/15/2022

 

 

 

dawn.gibson.cm… Thu, 02/18/2021 - 11:04

411.07 - Classified Employee Evaluation

411.07 - Classified Employee Evaluation

 

Evaluation of classified employees on their skills, abilities, and competence will be an ongoing process supervised by the superintendent.  The goal of the formal evaluation of classified employees will be to maintain classified employees who meet or exceed the board's standards of performance, to clarify each classified employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.

It will be the responsibility of the superintendent to ensure classified employees are formally evaluated annually.  New and probationary classified employees will be formally evaluated at least twice a year.

 

 

 

Legal Reference:          Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).

                                    Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).

                                    Iowa Code §§ 20.9; 279.14 (2003).

                                    281 I.A.C. 12.3(4).

 

Cross Reference:          411.2   Classified Employee Qualifications, Recruitment, Selection

                                    411.8   Classified Employee Probationary Status

 

Approved:  11/01/2004

Reviewed:  01/21/2008, 04/18/2017

Revised:  05/21/2012, 06/17/2019, 08/15/2022

 

 

 

dawn.gibson.cm… Thu, 02/18/2021 - 11:05

411.08 - Classified Employee Probationary Status

411.08 - Classified Employee Probationary Status

 

The first 90 days of a newly employed classified employee's contract will be a probationary period.  "Day" will be defined as one work day regardless of full-time or part-time status of the employee.  New employees, regardless of experience, will be subject to this probationary period.

"New" employees include 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.

 

 

Legal Reference:          Iowa Code §§ 20; 279.8 (2003).

 

Cross Reference:          411.3   Classified Employee Contracts

                                    411.7   Classified Employee Evaluation

 

Approved:  11/01/2004

Reviewed:  01/21/2008, 04/16/2012, 04/18/2017

Revised:  01/16/2012, 08/15/2022

 

 

dawn.gibson.cm… Thu, 02/18/2021 - 11:07

412 - Classified Employee Compensation and Benefits

412 - Classified Employee Compensation and Benefits dawn.gibson.cm… Thu, 02/18/2021 - 11:08

412.1 - Classified Employee Compensation

412.1 - Classified Employee Compensation

 

The board will determine the compensation to be paid for the classified employees' positions, keeping in mind the education and experience of the classified employee, the educational philosophy of the school district, the financial condition of the school district and any other considerations as deemed relevant by the board.

It will be the responsibility of the superintendent to make a recommendation to the board annually regarding the compensation of classified employees.  The compensation will be subject to review and modification through the collective bargaining process.

The requirements stated in the Master Contract between employees in the classified collective bargaining unit and the Board regarding wages and salaries of such employees will be followed.

 

 

Legal Reference:          Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2003).

 

Cross Reference:          411.3   Classified Employee Contracts

                                    412.2   Classified Employee Wage and Overtime Compensation

 

Approved 11/1/2004                             Reviewed 01/21/2008                           Revised 05/21/2012

                                                                             05/21/2012                                         08/15/2022

                                                                             05/15/2017

                                                                             06/17/2019

                                                                             08/15/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 11:08

412.2 - Classified Employee Wage and Overtime Compensation

412.2 - Classified Employee Wage and Overtime Compensation

 

Each non-exempt employee compensated on an hour-by-hour basis, whether full- or part-time, permanent or temporary, will be paid no less than the prevailing minimum wage.  Whenever a non-exempt employee must work more than forty hours in a given work week, the employee will be compensated at one and one-half times their regular hourly wage rate.  This compensation will be in the form of overtime pay.  Overtime will not be permitted without prior authorization of the building principal.

Each classified employee paid on an hour-by-hour basis must clock in and out using the district’s time clock system to record actual hours worked.  Failure of the employee to properly clock in and out or falsification of daily time worked will be grounds for disciplinary action, up to and including possible termination.

It is the responsibility of the board secretary to maintain wage records.

 

Legal Reference:          Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985).

                                    29 U.S.C. §§ 206 et seq. (1994).

                                    29 C.F.R. Pt. 511-800 (2002).

 

 

Cross Reference:          411.3   Classified Employee Contracts

                                    412.1   Classified Employee Compensation

 

Approved 11/1/2004                             Reviewed 01/21/2008                           Revised 05/21/2012

                                                                             05/21/2012                                       06/17/2019

                                                                             05/15/2017                                          08/15/2022

                                                                                  06/17/2019

                                                                             08/15/2022

 

 

dawn.gibson.cm… Thu, 02/18/2021 - 11:31

412.3 - Classified Employee Group Insurance Benefits

412.3 - Classified Employee Group Insurance Benefits

Classified employees may be eligible for group insurance and health benefits as determined by the board and required by law.  The board will select the group insurance program(s) and the insurance company or third-party administrator which will provide the program.

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 classified employees.

 

 

Legal Reference:          Iowa Code §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B (2003).

                                    Legal Reference:          Iowa Code §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B.

                                    Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014).

 

Cross Reference:          411.1   Classified Employee Defined

 

Approved 11/1/2004                             Reviewed 01/21/2008                           Revised 05/21/2012

                                                                             05/21/2012                                         06/17/2019

                                                                             05/15/2017                                            09/20/2021

                                                                             06/17/2019                                                      

                                                                             09/20/2021     

                                                                                  08/15/2022                

dawn.gibson.cm… Thu, 02/18/2021 - 11:40

412.4 - Classified Employee Tax Shelter Programs

412.4 - Classified Employee Tax Shelter Programs

Employees may elect to have amounts withheld from their pay for items authorized by law, subject to agreement of the district.  The board may authorize the administration to make a payroll deduction for classified employees' tax-sheltered annuity premiums purchased from a company or program if chosen by the board.

Classified employees wishing to have payroll deductions for tax-sheltered annuities will make a written request to the superintendent.  Requests for purchase or change of tax-sheltered annuities may be made by the first of the month prior to the payroll deduction.

 

 

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 11/1/2004                             Reviewed 01/21/2008                           Revised 01/19/2009

                                                                             01/19/2009                                         05/21/2012

                                                                             05/21/2012                                         06/17/2019

                                                                             05/15/2017                                          08/15/2022

                                                                             06/17/2019

                                                                              08/15/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 11:41

413 - Classified Employee Termination of Employment

413 - Classified Employee Termination of Employment dawn.gibson.cm… Thu, 02/18/2021 - 11:43

413.1 - Classified Employee Resignation

413.1 - Classified Employee Resignation

 

Classified employees who wish to resign during the school year will give the board notice of their intent to resign and final date of employment and cancel their contract 10 days prior to their last working day.

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

 

Legal Reference:          Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9) (2003).

 

 

Cross Reference:          411.3   Classified Employee Contracts

                                    413      Classified Employee Termination of Employment

 

Approved 11/1/2004                             Reviewed 02/18/2008                           Revised 08/15/2022

                                                                             05/21/2012

                                                                             05/15/2017

                                                                             08/15/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 11:43

413.4 - Classified Employee Suspension

413.4 - Classified Employee Suspension

 

Classified employees will perform their assigned job, respect and follow board policy and obey the law.  The superintendent is authorized to suspend a classified employee with or without pay pending board action on a discharge or during investigation of charges against the employee or for disciplinary purposes.  It will be within the discretion of the superintendent to suspend a classified employee with or without pay.

In the event of a suspension, due process will be followed.

 

 

 

 

 

 

Legal Reference:          Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (Iowa 1987).

                                    McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).

                                    Iowa Code §§ 20.7, .24 (2003).

 

Cross Reference:          404      Employee Conduct and Appearance

                                    413      Classified Employee Termination of Employment

 

Approved 11/1/2004                             Reviewed 02/18/2008                           Revised 08/15/2022

                                                                             05/21/2012

                                                                             05/15/2017

                                                                             08/15/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 12:06

413.5 - Classified Employee Dismissal

413.5 - Classified Employee Dismissal

 

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.

In the event that the superintendent does not want to exercise the authority to terminate a classified employee under board policy 411.1, it will be 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.

 

Legal Reference:          Iowa Code §§ 20.7, .24 (2003).

 

 

Cross Reference:          404      Employee Conduct and Appearance

                                    413.4   Classified Employee Suspension

                                    413.6   Classified Employee Reduction in Force

 

Approved 11/1/2004                             Reviewed 02/18/2008                           Revised 01/18/2010

                                                                             01/18/2010                                         08/15/2022

                                                                             05/21/2012

                                                                                  05/15/2017     

                                                                             08/15/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 12:08

413.6 - Classified Employee Reduction in Force

413.6 - Classified Employee Reduction in Force

 

It is the exclusive power of the board to determine when a reduction in classified employees is necessary.  Employees who are terminated due to a reduction in force will be given notice as soon as practical.  Due process will be followed for terminations due to a reduction in force.

It will be the responsibility of the superintendent to make a recommendation for termination to the board. 

 

Legal Reference:          Iowa Code §§ 20.7, .24 (2003).

 

Cross Reference:          407.6   Licensed Employee Reduction in Force

                                    413.4   Classified Employee Suspension

                                    413.5   Classified Employee Dismissal

                                    703      Budget

 

Approved 11/1/2004                             Reviewed 02/18/2008                           Revised 05/21/2012

                                                                             05/21/2012                                         06/17/2019

                                                                                  05/15/2017                                          08/15/2022

                                                                                  06/17/2019

                                                                             08/15/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 12:09

415 - Classified Employee Substitutes

415 - Classified Employee Substitutes

 

The superintendent will employ substitute and temporary classified employees.  It will be the responsibility of the building principal to maintain a list of classified substitutes who may be called upon to replace regular classified employees.  Individuals whose names do not appear on this list will not be employed as a substitute without specific approval of the superintendent. 

 

 

Legal Reference:          Iowa Code §§ 20.9; 279.8 (2003).

 

 

Cross Reference:          411      Classified Employees - General

 

 

Approved 11/1/2004                             Reviewed 02/18/2008                             Revised 06/17/2019

                                                                              06/18/2012                                          08/15/2022

                                                                             06/19/2017

                                                                              06/17/2019

                                                                             08/15/2022

 

dawn.gibson.cm… Thu, 02/18/2021 - 12:10