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

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

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 – 1^st 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.html.  This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

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

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

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

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

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

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

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

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

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

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

The district believes in taking appropriate measures to promote the health and welfare of all students.  Any school employee, 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. 

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

        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 05/20/2019                           Revised 03/21/2022

                                                                             03/21/2022

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 - If a school vehicle is available and the employee chooses to drive their own vehicle, one-way mileage will be paid from the first assigned work site.  Employee is required to check availability of school vehicle as soon as travel is known.  In order to receive two-way mileage, employee must submit a signed transportation request form verifying lack of availability of school vehicle.  If travel is not short notice and employee waits until the last minute to check availability and none is available, employee will only be paid one-way mileage. 

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

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

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

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

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

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

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

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                                                                 

Physical or sexual abuse of students, including inappropriate and intentional sexual behavior, 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.  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.

Legal Reference:          Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1) (2003).

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

                                    441 I.A.C. 155; 175.

                                    1980 Op. Att'y Gen. 275.

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

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

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: 

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

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

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

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

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

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

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

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

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

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

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 1^st Street West (319) 334-7400, transportation director, 1812 Mustang Way Dr (319) 334-7435 and/or school nurse, 1103 1^st 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. 3^rd 405 (4^th 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Licensed employees who will complete their current contract with the Board may apply for licensed employee early retirement plan.  No licensed employee will be required to retire at a specific age.

Application for licensed employee early retirement will be considered made when the licensed employee states in writing to the superintendent, no later than 3:30 p.m. on Friday, February 12, 2021 that the employee wishes to retire at the end of the fiscal year.  Applications made after the date set by the Board may be considered by the Board if special circumstances exist.  It shall be within the sole discretion of the Board to determine whether special circumstances exist.

Board action to approve a licensed employee's application for retirement shall be final and such action constitutes resignation from employment and non-renewal of the employee's contract for the next school year.

Licensed employees who retire under this policy may also qualify for retirement benefits through the Iowa Public Employees Retirement System.

Licensed employees who have group insurance coverage through the school district may be allowed to continue coverage in the school district's group health insurance program, at their own expense, by meeting the requirements of the insurer.

Legal Reference:  Iowa Code §§ 97B; 216; 279.46.
                                      281 I.A.C. 21.

Cross Reference:  401.14 Recognition for Service of Employees
                                      407.4   Licensed Employee Early Retirement Plan

Approved   11/1/2004                            Reviewed 12/17/2007                           Revised 01/14/2009
                                                                                      11/17/2008                                           07/27/2009
                                                                                      02/09/2009                                          11/16/2009
                                                                                      02/20/2019                                           02/22/2010
                                                                                      12/21/2020                                           12/19/2011
                                                                                                                                                        03/18/2013
                                                                                                                                                        01/20/2014
                                                                                                                                                        01/19/2015
                                                                                                                                                        12/19/2016
                                                                                                                                                        01/15/2018
                                                                                                                                                        02/20/2019
                                                                                                                                                        12/21/2020      

The Board of Education of the Independence Community School District may offer an early retirement benefit for full-time employees holding a current license from the Iowa Board of Educational Examiners including teachers, counselors, and media specialists currently performing their assigned duties within the District.  The purpose of the early retirement plan is to:  1) enable staffing modifications without disrupting the careers of those who do not wish to leave the teaching profession; 2) facilitate a long-range cost savings to the school district.

A licensed employee is eligible under the early retirement plan when the licensed employee:

1. Is at least 55 years of age on or before June 30th of the year in which the employee wishes to retire.

2. Wishes to retire voluntarily from service in the Independence Community School District.

3. Has been actively employed during the school year in which one requests retirement benefits.

4. Has completed a minimum of fifteen (15) years continuous full-time service to the Independence Community 

    School District by June 30th of the current fiscal year and are currently employed at the time the voluntary

    retirement request is made.  A leave of absence may interrupt continuous service without affecting the

    continuous years of service rule.  Professional and military leave will qualify toward continuous service.

 5. Is not receiving payments from the district’s long-term disability insurance program or any other wage

    replacement program.

   6. Has not been discharged for cause or notified that their contract is under consideration of termination or

       reduction.

   7. Receives approval for resignation and participation in this program by the Board of Education.

An employee’s application for early retirement benefits is not, in itself, a resignation of a contract with the Independence Community School District.  However, acceptance by the Board of Education of an application for early retirement benefits will be considered a voluntary resignation and termination of the employee’s continuing contract effective at the end of the current fiscal year.  Should the Board not accept the application, the employee will remain a licensed employee of the Independence Community School District, unless the employee otherwise resigns, is discharged or is reduced from the staff.

A qualified retiree under this plan may choose to continue coverage under the district’s hospitalization and major medical plan if eligible at time of retirement, at the rate determined by the carrier, by paying the monthly premium amount in full to the business manager’s office prior to the date the district’s premium payment is made to the insurance carrier.  All insurance programs are subject to the policies of the insurance carriers.

An employee who elects to participate in this program will become a retired teacher and will be entitled to all rights and privileges of such a retiree under applicable laws and policies of the Independence Community School District.

BENEFIT:

The Independence Community School District will make one payment equal to 40 percent of the current year’s salary less supplemental pay or extended contract pay deposited into a Health Reimbursement Arrangement as a non-elective employer contribution directly into the early retiree’s accounts established and maintained by the District’s Health Reimbursement Arrangement Plan.  One payment shall be made in July 2021.

Employees/retirees may continue participation in the District’s group insurance benefits at their own expense pursuant to COBRA and Iowa Code section 509A.13.

Nothing herein shall limit the School District’s ability to change the terms of its existing health insurance plan.  This plan in no way guarantees that a participating employee will be provided any certain level of benefits during the time of the employee’s participation in the insurance benefits portion of the early retirement program. 

Miscellaneous terms:

The district is not providing tax advice, and the employee must consult the employee’s own tax advisor for the actual taxability of retirement benefits.

The Board reserves the right to determine how many and which employees will be granted benefits under this plan.

The Board has complete discretion to offer or not offer an early retirement plan for licensed employees.  The Board may discontinue the school district’s plan at any time.  In the event the plan is altered or ended, employees who separated from the district under its provisions will continue to receive the benefits authorized by the Board of Education prior to that time. 

Legal Reference:  Iowa Code     279.46; 509A.13 (2011)

Cross Reference:  401.14    Recognition for Service of Employees
​​​​​                                         413.3    Classified Employee Early Retirement Plan

Approved   7/18/2005                           Reviewed ­­­­02/20/2019                           Revised 12/17/2007    12/19/2011
                                                                                     12/21/2020                                         11/17/2008    03/18/2013
                                                                                                                                                     01/14/2009    01/20/2014
                                                                                                                                                     02/09/2009    01/19/2015
                                                                                                                                                     07/27/2009    12/19/2016
                                                                                                                                                     11/16/2009    01/15/2018
                                                                                                                                                     02/22/2010    02/20/2019
                                                                                                                                                                                12/21/2020

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

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

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

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

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

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

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

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.

• Compliance Poster (PDF)   
  
  • https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf
• WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)
  
  • https://www.dol.gov/whd/forms/WH-380-E.pdf
• WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)
  
  • https://www.dol.gov/whd/forms/WH-380-F.pdf
• WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
  
  • https://www.dol.gov/whd/forms/WH-381.pdf
• WH-382 Designation Notice (PDF)
  
  • https://www.dol.gov/whd/forms/WH-382.pdf
• WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)
  
  • https://www.dol.gov/whd/forms/WH-384.pdf
• WH-385 Certification for Serious Injury or Illness of Covered Service member – for Military Family Leave (PDF)
  
  • https://www.dol.gov/whd/forms/WH-385.pdf

Legal Reference:  29 U.S.C. §§ 2601 et seq.
                                       29 C.F.R. § 825
                                       Iowa Code §§ 20; 85; 216; 279.40.
                                       Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).

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

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 11^th 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     

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

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

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

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

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 

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

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

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

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

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

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

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

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

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

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

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                

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

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

Classified employees who will complete their current contract with the board may apply for classified employee early retirement plan.  No classified employee will be required to retire at any specific age.

Application for employee early retirement will be considered made when the classified employee states in writing to the superintendent, no later than 4:00 p.m. on Thursday, February 8, 2018 that the employee wishes to retire at the end of the fiscal year.  Applications made after the date set by the board may be considered by the board if special circumstances exist.  It shall be within the sole discretion of the board to determine whether special circumstances exist.

Board action to approve a classified employee's application for retirement shall be final, and such action constitutes resignation from employment and termination of the employee's contract effective the day of the employee's retirement.

Classified employees who retire under this policy may also qualify for retirement benefits through the Iowa Public Employees Retirement System.

Classified employees who have group insurance coverage through the school district may be allowed to continue coverage in the school district's group health insurance program, at their own expense, by meeting the requirements of the insurer.

Legal Reference:  Iowa Code §§ 91A.2, .3, .5; 279.19A, .46 (2011).

Cross Reference:  401.14 Recognition for Service of Employees
                                      413.3   Classified Employee Early Retirement Plan

Approved 11/1/2004                             Reviewed 12/17/2007                           Revised 01/14/2009
                                                                                            11/17/2008                                       07/27/2009
                                                                                            02/09/2009                                       11/16/2009
                                                                                                                                                           02/22/2010     
                                                                                                                                                           12/19/2011
                                                                                                                                                           03/18/2013
                                                                                                                                                           01/20/2014
                                                                                                                                                           01/19/2015
                                                                                                                                                           12/19/2016
                                                                                                                                                           01/15/2018                                                                                                                                                                             

The Board of Education of the Independence Community School District agrees to provide a supplemental benefit for classified employees, due to early retirement from the district. The purpose of the early retirement plan is to:  1) enable staff modifications without disrupting the careers of those who do not wish to leave the education profession; 2) facilitate a long-range cost savings to the school district.

   Eligibility for early retirement plan is based on the following criteria:

   1. Is available to employees of the age of 55 on or before June 30th of the current fiscal year.

2. Wish to retire voluntarily from service in the Independence Community School District.

3. Has been actively employed during the school year in which one requests retirement benefits.

4. Has completed a minimum of fifteen (15) years continuous full time service to the Independence Community  

    School District by June 30th of the current fiscal year and are currently employed at the time the voluntary

    retirement request is made.  A leave of absence may interrupt continuous service without affecting the

    continuous years of service rule.  Professional and military leave will qualify toward continuous service.                                                                                               

5. Is not receiving payments from the district’s long-term disability insurance program or any other wage

    replacement program.

   6. Has not been discharged for cause or notified that their contract is under consideration of termination or 

       reduction.

   7. Receives approval for resignation and participation in this program by the Board of Education.

   8. Is one of the first five (5) classified applicants.

Approval of the accompanying request for resignation will be considered as final action of the employee’s resignation and will constitute termination of his/her continuing contract at the completion of the current school year.

An employee’s application for early retirement benefits is not, in itself, a resignation of a contract with the Independence Community School District.  However, acceptance by the Board of Education of an application for early retirement benefits will be considered a voluntary resignation and termination of the employee’s continuing contract effective at the end of the current fiscal year.  Should the board not accept the application, the employee will remain a classified employee of the Independence Community School District, unless the employee otherwise resigns, is discharged or is reduced from the staff.

A recipient of this policy provision may choose to continue coverage under the district’s hospitalization and major medical plan, if eligible at time of retirement, at the rate determined by the carrier, by paying the monthly premium amount in full to the business manager’s office prior to the date the district’s premium payment is made to the insurance carrier.  All insurance programs are subject to the policies of the insurance carriers.  Dependent’s insurance will cease at the same time as the employee’s.

BENEFIT OPTION:

Employees participating in the early retirement plan may elect to receive early retirement plan benefits of fifty percent (50%) of their current contracted annual salary (not to include supplemental or extra hours).

All benefits will be paid out in one lump sum into a 403(b) retirement plan in accordance with Internal Revenue Service guidelines and board determined plan.

In the event of the death of the employee prior to payment of the early retirement plan, payment shall be made to a designated beneficiary; or in the event no beneficiary is named, payment shall be made to the estate of the employee. 

Miscellaneous terms:

The district is not providing tax advice, and the employee must consult the employee’s own tax advisor for the actual taxability of retirement benefits.

The board reserves the right to determine how many and which employees will be granted benefits under this plan.

The board has complete discretion to offer or not offer a severance plan for classified employees.  The board may discontinue the school district’s severance plan at any time.  In the event the severance plan is altered or ended, employees who separated from the district under its provisions will continue to receive the benefits authorized by the Board of Education prior to that time. 

Legal Reference:  Iowa Code     279.46; 509A.13 (2011)

Cross Reference:  401.14 Recognition for Service of Employees
                                      407.3     Licensed Employee Early Retirement Plan

Approved 07/18/2005                           Reviewed 01/15/2018               Revised 12/17/2007     12/19/2011
                                                                                                                                    11/17/2008     03/18/2013
                                                                                                                                    01/14/2009     01/20/2014
                                                                                                                                    02/09/2009     01/19/2015
                                                                                                                                    07/27/2009
                                                                                                                                    11/16/2009
                                                                                                                                    02/22/2010

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

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).