STAFF PERSONNEL

Series 400

Policy Title:  Equal Employment Opportunity                                                                                                                                                                                 Code No.  401.1

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

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

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

Prior to a final offer of employment of any teaching position, the School District will perform the background checks required by law.  The District may determine on a case-by-case basis that, based on the duties, other positions within the District will also require background checks.  Based upon the results of the background checks, the School District will determine whether an offer will be extended.  If the candidate is a teacher who has an initial license from the BOEE, then the requirement for a background check is waived.

Advertisements and notices for vacancies within the district will contain the following statement:  The Oskaloosa Community School District is an equal employment opportunity/affirmative action 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 School Board Secretary,  Oskaloosa Community School District, Oskaloosa, Iowa 52577; or by telephoning 641-673-8345.

Inquires 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 Director of the Region VII Office of Civil Rights, U.S. Department of Education, 310 W. Wisconsin Ave., Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111 or the Iowa Civil Rights Commission, 400 E. 14^th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or 8-800-457-4416, 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.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  29 U.S.C. §§ 621-634 (2012). 42 U.S.C. §§ 12101 et seq. (2012). Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8; 281 I.A.C. 12.4; 95. 281 I.A.C. 14.1; 2000.

Cross Reference:  102 Equal Educational Opportunity; 104 Anti-Bullying/Harassment; 405.2 Licensed Employee Qualifications, Recruitment, Selection; 411.2 Classified Employee Qualifications, Recruitment, Selection

STAFF PERSONNEL

Series 400

Policy Title:  Employee Conflict of Interest                                                                                                                                                                        Code No. 401.2

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

Employees have access to information and a captive audience that could award the employee personal or financial gain.  No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the superintendent.  If the approval of the superintendent is given, the employee must conduct the solicitations within the conditions set by the superintendent.  Further, the superintendent may, 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 will not engage in outside work or activities where the source of information concerning the customer, client, or employer originates from information obtained because of the employee's position in the school district.

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

1. The outside employment or activity involves the use of the school district's time, facilities, equipment, and supplies or the use of the school district's badge, uniform, business card, or other evidences of office to give the employee or the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public.  For purposes of this section, a person is not "similarly situated" merely by being related to an employee who is employed by the school district.
2. The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours 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 is the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  December 10, 2013

Legal Reference:  7 C.F.R. 3016.36(3). Iowa Code §§ 20.7; 68B; 279.8; 301.28 (2013).

Cross Reference:  203 Board of Directors’ Conflict of Interest; 402.4 Gifts to Employees; 402.6 Employee Outside Employment; 404 Employee Conduct and Appearance

STAFF PERSONNEL

Series 400

Policy Title:  Nepotism                                                                                                                                                                                                                              Code No.  401.3

The school district may employ more than one member of the same family.  Assignment of members of one family to the same building shall be approved by the superintendent. 

No person shall directly supervise a member of their family.  Indirect supervision shall be avoided, if possible.  For purposes of this policy, a family member includes a person related by birth, adoption, or by marriage. 

As with all employees and applicants for employment, no employee’s family member shall be given preferential treatment unrelated to that person’s qualifications, credentials, and record.  Administration will not be involved in the hiring, promotion, transfer, evaluation of a member of their family.

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  Iowa Code §§ 20; 71; 277.27; 279.8 (2013).

Cross Reference:  405.2 Licensed Employee Qualifications, Recruitment Selection; 411.2 Classified Employee Qualifications, Recruitment Selection

STAFF PERSONNEL

Series 400

Policy Title:  Employee Complaints

Code No.  401.4

Complaints of employees against fellow employees should be discussed directly between employees in an attempt to settle the complaint.  If necessary, complaints will be brought directly to the immediate supervisor.  If the complaint is not resolved, the complaint should follow the chain of command.  All complaints will be made and handled in a constructive and professional manner.  Complaints will never be made in the presence of other employees, students, or outside persons.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  Iowa Code §§ 20; 279.8

Cross Reference:  307 Communication Channels

STAFF PERSONNEL

Series 400

Policy Title:  Employee Records                                                                                                                                                   Code No.  401.5

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

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

Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the Superintendent and the employee.  The School District may charge a reasonable fee for each copy made.  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 is the responsibility of the Superintendent to develop administrative regulations for the implementation of this policy.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  

Legal Reference:  Iowa Code chs. 20; 21; 22; 91B (2013).

Cross Reference:  402.1 Release of Credit Information; 403 Employees’ Health and Well-Being; 708 Care, Maintenance, and Disposal of School District Records

STAFF PERSONNEL

Series 400

Policy Title:  Transporting of Students by Employees                                                                                                                                                                       Code No.  401.6

Generally, transportation of students is in a motor vehicle owned by the School District and driven by an employee.  In some cases, it may be more economical or efficient for the School District to allow an employee of the School District to transport the students in the employee’s motor vehicle.

Employees who transport students for school purposes must have the permission of the Superintendent.

This policy statement applies to transportation of students for school purposes in addition to the regular bus route transporting students to and from their designated attendance center.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  

Legal Reference:  Iowa Code 285; 321

Cross Reference:  401.7 Employee Travel Compensation; 711 Transportation; 904.1 Transporting Students in Private Vehicles

STAFF PERSONNEL

Series 400

Policy Title:  Employee Travel Compensation                                                                                                                                                                                      Code No.  401.7

Employees traveling on behalf of the School District and performing approved school district business will be reimbursed for their actual and necessary expenses.  Actual and necessary travel expenses will include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses, and registration costs.

Travel Outside the School District

Travel outside of the School District must be pre-approved.  Pre-approval will include an evaluation of the necessity of the travel, the reason for the travel, and an estimate of the cost of the travel to qualify as approved school district business.  Travel outside the School District by employees, other than the Superintendent, is approved by the Superintendent.  Travel outside of the school district by the superintendent is approved by the board president.

Reimbursement for actual and necessary expenses will be allowed for travel outside the School District if the employee received pre-approval for the travel.  Prior to reimbursement of actual and necessary expenses, the employee must provide the School District with a detailed receipt, other than a credit card receipt, indicating the date, purpose, and nature of the expense for each claim item.  In exceptional circumstances, the Superintendent may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances is maintained as part of the School District’s record of the claim.

Failure to have a detailed receipt will make the expense a personal expense.  Personal expenses, including mileage, in excess of that required for the trip are reimbursed by the employee to the School District no later than 10 working days following the date of the expense.

Reimbursement for actual and necessary expenses for travel outside the School District will be limited to the pre-approved expenses.  Pre-approved expenses for registration are limited to the actual cost of registration.

Pre-approved expenses for transportation within three-hundred miles of the School District Administrative Office will be by automobile.  If a school district vehicle is not available, the employee will be reimbursed at the current rate allowed by the federal government.

Expenses for lodging and meals shall be reasonable and reimbursement subject to approval of the Superintendent.  Reimbursement request forms shall have receipts attached to be considered for approval.

Travel Within the School District

Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position may be reimbursed at the current rate allowed by the federal government.  It is the responsibility of the Superintendent to approve travel within the School District by employees.  It is the responsibility of the Board to review the travel within the School District by the Superintendent through the Board’s audit and approval process.

Employees who are allowed an in-school district travel allowance will have the amount of the allowance actually received during each calendar year included on the employee’s W-2 form as taxable income according to the Internal Revenue Code.

The Superintendent is responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment of school district vehicles.  The administrative regulations will include the appropriate forms to be filed for reimbursement to the employee from the School District and the procedures for obtaining approval for travel outside of and within the School District.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  Iowa Constitution, Art. III, § 31; Iowa Code §§ 70A.9-.11; 1980 Op. Att’y Gen. 512

Cross Reference:  216.3 Board of Directors’ Member Compensation and Expenses; 401.6 Transporting of Students by Employees; 401.10 Credit Cards; 904.1 Transporting Students in Private Vehicles

STAFF PERSONNEL

Series 400

Policy Title:  Recognition for Service of Employees                                                                                                                                                                          Code No.  401.8

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

If the form of honor thought appropriate by the administration and employees involves unusual expense to the School District, the Superintendent will seek prior approval from the Board.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  

Legal Reference:  Iowa Const. Art. II, § 31; Iowa Code § 279.8 (2013); 1980 Op. Att’y Gen. 102

Cross Reference:  407 Licensed Employee Termination of Employment; 413 Classified Employee Termination of Employment

STAFF PERSONNEL

Series 400

Policy Title:  Employee Political Activity                                                                                                                                                                                                Code No.  401.9

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.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  

Legal Reference:  Iowa Code §§ 55; 279.8 (2013)

Cross Reference:  409.5 Licensed Employee Political Leave; 414.5 Classified Employee Political Leave

STAFF PERSONNEL

Series 400

Policy Title:  Credit Cards                                                                                                                                                                                                                       Code No.  401.10

Employees may use school district credit cards for the actual and necessary expenses incurred in the performance of work-related duties.  Actual and necessary expenses incurred in the performance of work-related duties include, but are not limited to, fuel for school district transportation vehicles used for transporting students to and from school and for school-sponsored events, payment of claims related to professional development of the Board and employees, and other expenses required by employees and the Board in the performance of their duties.

Employees and officers using a school district credit card must submit a detailed receipt in addition to a credit card receipt indicating the date, purpose, and nature of the expense for each claim item.  Failure to provide a proper receipt will make the employee responsible for expenses incurred.  Those expenses are reimbursed to the School District no later than ten working days following use of the School District’s credit card.  In exceptional circumstances, the Superintendent or Board may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances is maintained as part of the School District’s record of the claim.

The School District may maintain a school district credit card for actual and necessary expenses incurred by employees and officers in the performance of their duties.  The Superintendent may maintain a school district credit card for actual and necessary expenses incurred in the performance of the Superintendent’s duties.  The Transportation Director may maintain a school district credit card for fueling school district transportation vehicles in accordance with Board policy.

It is the responsibility of the Superintendent to determine whether the School District credit card use is for appropriate school business.  It is the responsibility of the Board to determine through the audit and approval process of the Board whether the School District credit card use by the Superintendent and the Board is for appropriate school business.

The Superintendent is responsible for developing administrative regulations regarding actual and necessary expenses and use of a school district credit card.  The administrative regulations will include the appropriate forms to be filed for obtaining a credit card.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  

Legal Reference:  Iowa Constitution, Art. III, § 31; Iowa Code §§ 279.8, 29, 30; 281 I.A.C. 12.3(1)

Cross Reference:  216.3 Board of Directors’ Member Compensation and Expenses; 401.7 Employee Travel Compensation

STAFF PERSONNEL

Series 400

Policy Title:  Employee Orientation                                                                                                                                                                                                      Code No.  401.11

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 should 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 School Business Official.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  Iowa Code §§ 20; 279.8 (2013); 191 I.A.C. 74

Cross Reference:  404 Employee Conduct and Appearance; 406 Licensed Employee Compensation and Benefits; 412 Classified Employee Compensation and Benefits

STAFF PERSONNEL

Series 400

Policy Title:  Staff & Volunteer Technology Acceptable Use and Social Networking Policy                                                                                     Code No.  401.13

Electronic devices are a powerful and valuable education and research tool and, as such, are an important part of the instructional program.  In addition, the School District depends upon technology as an integral part of administering and managing the Schools' resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies, and materials.  This policy outlines the Board's expectations in regard to these different aspects of the School District's technology resources.  Employees must abide by this policy and conduct themselves in a manner that does not disrupt the educational process and failure to do so will result in discipline, up to and including, discharge.

General Provisions

The Superintendent is responsible for designating a Technology Director who will oversee the use of school district technology resources.  The School District will provide in-service programs for the training and development of school district staff in technology skills, appropriate use of technology, and for the incorporation of technology use in subject areas.

The Superintendent, working with appropriate staff, shall establish regulations governing the use and security of the School District's computer resources.  The School District will make every reasonable effort to maintain the security of the system.  All users of the School District's technology resources, including students, staff, and volunteers, shall comply with this policy and regulation, as well as others impacting the use of school equipment and facilities.  Failure to comply may result in disciplinary action, up to and including discharge, as well as suspension and/or revocation of computer access privileges.

Usage of the School District's technology resources is a privilege that entails responsibility.  All information on the School District's computer system is considered a public record.  Whether there is an exception to keep some narrow, specific content within the information confidential is determined on a case by case basis.  Therefore, users of the School District's network must not expect, nor does the School District guarantee, privacy for e-mail or use of the School District's network including websites visited.  The School District reserves the right to access and view any material stored on school district sites or any material used in conjunction with the School District's computer network.

The Superintendent, working with the appropriate staff, shall establish procedures governing management of electronic records in order to exercise appropriate control over electronic records, including financial, personnel, and student information.  The procedures will address:

• passwords
• system administration
• separation of duties
• remote access
• data back-up (including archiving of e-mail)
• record retention
• disaster recovery plans

Social Networking or Other External Web Sites

For purposes of this policy, any web site, other than the School District web site or school district sanctioned web sites, are considered external web sites.  Social media networks are defined to include:  web sites, blogs, wikis, social networks, online forums, and virtual worlds.

Employees shall not post confidential or proprietary information, including photographic images, about the School District, it's employees, students, agents, or others on any external web site without consent of their principal or supervisor.  The employee shall adhere to all applicable privacy and confidentiality policies adopted by the School District when on external web sites.

Employees shall not use school district time, with the exception of lunch time, on external sites that are not in direct-relation to the employee's job.

Employees, students, and volunteers need to realize that the Internet is not a closed system and anything posted on an external site may be viewed by others, all over the world.  Employees, students, and volunteers who don't want school officials to know their personal information, should refrain from exposing it on the Internet.

Employees, who would like to use a social media network for school district sanctioned activities or classroom use, may do so, but must submit information about the social media site through the Social Media Networks form, and follow the Guidelines for Policy #401.13:  Social Media Networks.

Employees must avoid posting any information or engaging in communications that violate state or federal laws or District policies.

Employees are advised to maintain their professionalism as District employees and have responsibility for addressing inappropriate behavior or activity on these networks, including requirements for mandated reporting.  Because readers of social media networks may view the employee as a representative of the schools and the District, the District requires employees to observe the following rules when referring to the District, its schools, students, programs, activities, employees, volunteers, and communities on any social media networks:

A.  An employee's use of any social media network and an employee's postings, displays, or communications on any social media network must comply with all state and federal laws and any applicable District policies.  (Student photos, privacy, confidentiality, etc.)

Employees must be respectful and professional in all communications (by word, image, or other means).  Employees shall not use obscene, profane, or vulgar language on any social media network or engage in communications or conduct that is harassing, threatening, bullying, libelous, defamatory, that discusses or encourages any illegal activity, or the inappropriate use of alcohol, use of illegal drugs, sexual behavior, sexual harassment, or bullying.

Employees must make clear that any views expressed are the employee's alone and do not necessarily reflect the views of the District.

Employees may not act as a spokesperson for the District or post comments as a representative of the District, except as authorized by the Superintendent or the Superintendent's designee.  When authorized as a spokesperson for the District, employees must disclose their employment relationship with the District.

Employees may not disclose information on any social media network that is confidential or proprietary to the District, it's students, or employees or that is protected by data privacy laws.

Employees shall not use the School District logos, images, iconography, etc. on personal web sites that are not for school use.

Employees may not post images on any social media network of co-workers without the co-workers' consent.

Employees may not post images of students on any social media network without written parental consent, except for images of students taken in the public arena, such as at sporting events or fine arts public performances.

Employees may not post any building floor plans.

B. The District recognizes that student groups or members of the public may create social media content relating to students or groups with the District.  When employees, including coaches/advisors, choose to join or engage with these social networking groups, they do so as an employee of the District.  Employees have responsibility for maintaining appropriate employee-student relationships at all times and have responsibility for addressing inappropriate behavior or activity on these networks.  This includes acting to protect the safety of minors online.

C. Employees who participate in social media networks may decide to include information about their work with the District as part of their personal profile, as it would relate to a typical social conversation.  This may include:

1. Work information included in a personal profile, to include District name, job title, and job duties.
2. Status updates regarding an employee's own job promotion.
3. Personal participation in District-sponsored events, including volunteer activities.

D. An employee who is responsible for a social media network posting that fails to comply with the rules and guidelines set forth in this policy may be subject to discipline, up to and including termination.  Employees will be held responsible for the disclosure, whether purposeful or inadvertent, of confidential or private information, information that violates the privacy rights or other rights of a third party, or the content of anything posted on any social media network.

E. Anything posted on an employee's web site or other Internet content for which the employee is responsible will be subject to all District policies, rules, regulations, and guidelines.  The District is free to view and monitor an employee's web site at any time without consent or previous approval.  Where applicable, employees may be asked to disclose to the District the existence of and to provide the District with access to an employee's web site or other personal social media network as part of an employment selection, promotion, or disciplinary process.

It is the responsibility of the Superintendent to develop administrative regulations implementing this policy.

Approved:  August 12, 2014

Reviewed:  December 8, 2020

Revised:  September 11, 2018

Legal Reference:  Iowa Code § 279.8; 282 I.A.C. 25, 26

Cross Reference:  104 Anti-Bullying/Harassment; 306 Administrator Code of Ethics; 401.11 Employee Orientation; 407 Licensed Employee Termination of Employment; 413 Classified Employee Termination; 605 Instruction Materials 

EMPLOYEE EXPRESSION                                                                                                                                 CODE NO:  401.14

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

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

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

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

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

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

                                    Iowa Code §§ 279.73; 280.22

Cross Reference:        502.3   Student Expression

                                    504.3   Student Publications

Approved:  August 10, 2021

Revised:

Reviewed:

STAFF PERSONNEL

Series 400

Policy Title:  Release of Credit Information                                                                                                                                                                           Code No.  402.1

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 is the responsibility of the Board Secretary or Superintendent to respond to inquiries from creditors.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  

Legal Reference:  Iowa Code §§ 22.7; 279.8 (2013)

Cross Reference:  401.5 Employee Records

STAFF PERSONNEL

Series 400

Policy Title:  Child Abuse Reporting                                                                                                                                                      Code No.  402.2

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.  

Within six 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.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  January 16, 2024

Legal Reference:  Iowa Code §§ 232.67-.77; 232A; 235A; 280.17 (2013); 441 I.A.C. 9.2; 155; 175; 1982 Op. Att’y Gen. 390, 417; 2980 Op. Att’y Gen. 275

Cross Reference:  402.3 Abuse of Students by School District Employees; 502.9 Interviews of Students by Outside Agencies; 507 Student Health

STAFF PERSONNEL

Series 400

Policy Title:  Abuse of Students by School District Employees                                                                                                                 Code No.  402.3

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 to the conducting of an investigation at the expense of the School District.  The names of the investigators are listed in the student handbook, published annually in the local newspaper and posted in all school facilities and on the district website.

The Superintendent is responsible for drafting administrative regulations to implement this policy. Additional information can be found at the following website.

http://www.dhs.state.ia.us/Consumers/Safety_and_Protection/Abuse_Reporti...

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1) (2013).  281 I.A.C. 12.3(6), 102; 103.  441 I.A.C. 155; 175.  1980 Op. Att’y Gen. 275.

Cross Reference: 104 Anti-Bullying/Harassment; 402.2 Child Abuse Reporting; 503.5 Corporal Punishment

STAFF PERSONNEL

Series 400

Policy Title:  Gift to Employees                                                                                                                                                                                                               Code No.  402.4                               

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 of 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 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 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, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
• Plaques or items of negligible resale value given as recognition for public service;
• Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;
• Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;
• Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
• Funeral flowers or memorials to a church or nonprofit organization;
• Gifts which are given to an employee for the employee’s wedding or twenty-fifth or fiftieth wedding anniversary;
• Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or
• Gifts other than food, beverages, travel, and lodging received by an employee which are received from a person who is a citizen of a country other than the Untied 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 to 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 is the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  

Legal Reference:  Iowa Code ch. 68B (2013); 1972 Op. Att’y Gen. 276; 1970 Op. Att’y Gen 319

Cross Reference:  217 Gifts to Board of Directors; 401.2 Employee Conflict of Interest; 704.4 Gifts-Grants-Bequests

STAFF PERSONNEL

Series 400

Policy Title:  Public Complaints About Employees                                                                                                                                                 Code No.  402.5                            

The Board recognizes situations may arise in the operation of the school district which are of concern to parents and other members of the school district community.  While constructive criticism is welcomed, the Board desires to support its employees and their actions to free them from unnecessary, spiteful, or negative criticism and complaints, including social media posts, that do not offer advice for improvement or change.

The Board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern.  Whenever a complaint or concern is brought to the attention of the Board it will be referred to the administration to be resolved.  Prior to Board action however, the following should be completed:

1. Matters concerning an individual student, teacher, or other employee should first be addressed to the teacher or employee.
2. Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the employee’s building principal for licensed employees and the superintendent for classified employees.
3. Unsettled matters regarding licensed employees from (b) above or problems and questions concerning the school district should be directed to the superintendent.
4. If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the Board.  To bring a concern regarding an employee, the individual may notify the Board president in writing, who may bring it to the attention of the entire Board, or the item may be placed on the Board agenda of a regularly scheduled Board meeting in accordance with Board policy 214.1.

It is within the discretion of the Board to address complaints from the members of the school district community, and the Board will only do so if they are in writing, signed, and the complainant has complied with this policy.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  Iowa Code § 279.8

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

STAFF PERSONNEL

Series 400

Policy Title:  Employee Outside Employment                                                                                                                                                                                      Code No.  402.6

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 apart of 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 is the responsibility of the superintendent to counsel employees, whether full-time or part-time, if, in the judgment of the superintendent and the employee’s immediate supervisor, the employee’s outside employment interferes with the performance of the employee’s duties required in the employee’s position within the school district.

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  Iowa Code §§ 20.7; 279.8 (2013)

Cross Reference: 401.2 Employee Conflict of Interest; 408.3 Licensed Employee Tutoring

STAFF PERSONNEL

Series 400

Policy Title:  Employee Physical Examinations                                                                                                                                           Code No.  403.1

Good health is important to job performance. Employees will present evidence of good health, in the form of a physical examination report, prior to their employment with the School District.  The form will indicate the employee is able to perform the duties, with or without reasonable accommodation, for which the employee was hired, and must be returned prior to the performance of duties.  Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations, when requested to do so, at the expense of the School District.

School bus drivers will present evidence of good health as required by law in the form of a DOT physical examination report.

The cost of bus driver renewal physicals will be paid by the School District up to a maximum of $80.00.

The District will comply with occupational safety and health requirements as applicable to its employees in accordance with law.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

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

STAFF PERSONNEL

Series 400

Policy Title:  Employee Injury on the Job                                                                                                                                                                         Code No.  403.2

When an employee becomes seriously injured on the job, the building principal will notify a member of the family, or an individual of close relationship, as soon as the building principal becomes aware of the injury.

If possible, an employee may administer emergency or minor first aid.  An injured employee will be turned over to the care of the employee’s family or qualified medical employees as quickly as possible.  The school district is not responsible for medical treatment of an injured employee.

It is the responsibility of the employee injured on the job to call the worker’s compensation number as soon as possible after the incident and to notify the supervisor.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  Iowa Code §§ 85; 279.40; 613.17 (2013).  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

STAFF PERSONNEL

Series 400

Policy Title:  Communicable Diseases – Employees                                                                                                                           Code No.  403.3                            

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 risk of illness or transmission to students or other employees.  The term “communicable disease” will 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 is 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 is reviewed by the Superintendent and school nurse.

The health risk to immune-depressed employees is 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 is 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 are kept in a file separate from their personnel file.

It is 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.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  School Board of Nassau County v. Arline, 480 U.S. 273 (1987).  29 U.S.C. §§ 794, -1910 (2012).  42 U.S.C. §§ 12101 et seq. (2012).  45 C.F.R. Pt. 84.3 (2012).  Iowa Code chs. 139A; 141A (2013). 641 I.A.C. 1.2-.7.

Cross Reference:  401.5 Employee Records; 403.1 Employee Physical Examinations; 507.3 Communicable Diseases–Students

STAFF PERSONNEL

Series 400

Policy Title:       Hazardous Chemical Disclosure                                                                                                                                                             Code No.  403.4

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, is included in the employee’s orientation.  When an additional hazardous substance enters the workplace, information about it is distributed to all employees, and training is conducted for the appropriate employees.  The Director of Operations 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 is the responsibility of the Superintendent to develop administrative regulations regarding this program.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  29 C.F.R. Pt. 1910; 1200 et seq. (2012).  Iowa Code chs. 88; 89B (2013).  347 I.A.C. 120.

Cross Reference:  403 Employees’ Health and Well-Being; 804 Safety Program

STAFF PERSONNEL

Series 400

Policy Title:  Harassment                                                                                                                                                                                                    Code No.  403.5

Harassment of employees and students will not be tolerated in the school district.  School district includes school district facilities, school district premises, and non-school property if the employee or student is at any school sponsored, school approved, or school related activity 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.

Harassment includes, but is not limited to, racial, religious, national origin, age, disability, and sexual harassment.  Harassment by Board Members, administrators, employees, parents, vendors, and others doing business with the School District is prohibited.  Employees whose behavior is alleged to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, discharge or other appropriate action.  Other individuals whose behavior is alleged to be in violation of this policy will be subject to appropriate sanctions as determined and imposed by the Superintendent or Board.

Sexual harassment will include, but not be limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

• submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
• submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
• such conduct has the purpose or effect of unreasonably interfering with an  individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Other types of harassment may include, but not be limited to, jokes, stories, pictures, or objects that are offensive, tend to alarm, annoy, abuse, or demean certain protected individuals and groups.

Employees and students who believe they have suffered harassment will report such matters to the investigator for harassment complaints.  However, claims regarding harassment may also be reported to the alternate investigator for harassment complaints.

Upon receiving a complaint, the investigator will confer with the complainant to obtain an understanding and a statement of the facts.  It is the responsibility of the investigator to promptly and reasonably investigate claims of harassment and to pass the findings on to the Superintendent who will complete such further investigation as deemed necessary and take such final action as deemed appropriate.  Information regarding an investigation of harassment is confidential to the extent possible, and those individuals who are involved in the investigation will not discuss information regarding the complaint outside the investigation process.

No one will retaliate against an employee or student because they have filed a harassment complaint, assisted, or participated in a harassment investigation, proceedings, or hearing regarding a harassment charge or because they have opposed language or conduct that violates this policy.

It is the responsibility of the Board Members, administrators, licensed and classified employees, students, and others having business or other contact with the School District to act appropriately under this policy.  It is the responsibility of the Superintendent and investigator to inform and educate employees or students and others involved with the School District about harassment and the School District’s policy prohibiting harassment.

This policy and accompanying regulations will only apply when an employee is the victim of an alleged harasser or an employee is the alleged harasser.  It is the responsibility of the Superintendent, in conjunction with the investigator, to develop administrative rules regarding this policy.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Iowa Code §§ 216. 281 I.A.C. 12.3(6).

Cross Reference:  102 Equal Educational Opportunity; 401.1 Equal Employment Opportunity; 401.4 Employee Complaints; 402.3 Abuse of Students by School District Employees; 404 Employee Conduct and Appearance; 502.10 Student-to-Student Harassment; 503 Student Discipline

STAFF PERSONNEL

Series 400

Policy Title:  Substance-Free Workplace                                                                                                                                              Code No.  403.6                            

The Board expects the School District and its employees to remain substance free.  No employee will unlawfully manufacture, distribute, dispense, posses, use, or be under the influence of in the workplace any narcotic drug, hallucinatory drug, amphetamine, barbituate, marijuana, or any other controlled substance or alcoholic beverage as defined by federal or state law. The Board further prohibits the possession or use of tobacco or tobacco product in the workplace.  “Workplace” includes school district facilities, school district premises, or school district vehicles.  “Workplace” also includes non-school 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 or alcohol offense committed, 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 is 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.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  41 U.S.C. §§ 81 (2012).  42 U.S.C. §§ 12101 et seq. (2012).  34 C.F.R. Pt. 85 (2012).  Iowa Code §§ 123.46; 124; 279.8 (2013).

Cross Reference:  404 Employee Conduct and Appearance

STAFF PERSONNEL

Series 400

Policy Title:  Drug and Alcohol Testing Program                                                                                                                                                                                Code No.  403.7

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver’s license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand one pounds or more.  For purposes of the drug and alcohol testing program, the term “employees” includes applicants who have been offered a position to operate a school vehicle.

The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing.  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 contact person, superintendent/transportation director, at Oskaloosa Community Schools, 1800 North 3^rd St., Oskaloosa, Iowa 52577.  Employees who violate the terms of this policy are subject to discipline up to and including termination.

It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law.

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.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3^rd 405 (rth Cir. 1995). 49 U.S.C.§§ 5331 et seq. (2012). 42 U.S.C. §§ 12101 (2012). 41 U.S.C. §§ 81 (2012).  49 C.F.R. Pt. 40; 382; 391.81-123 (2012).  34 C.F.R. Pt 85 (2012).  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 (2013).

Cross Reference:  403.6 Substance-Free Workplace; 409.2 Licensed Employee Personal Illness Leave; 414.2 Classified Employee Personal Illness Leave

STAFF PERSONNEL

LICENSED

Series 400

Administrative Regulation:  Code of Rights and Responsibilities                                                                                                                                                Code No.  404.R2

282-26.1(272)  Purpose.  The code of professional conduct and ethics in 282-Chpater 25 defines unprofessional and unethical conduct justifying disciplinary sanction.  The Board acknowledges that the discharge of professional obligations should occur in recognition of certain fundamental rights and responsibilities.  Accordingly, the Board recognizes the following rights and responsibilities of all educators licensed under Iowa Code Chapter 272 and agrees that the exercise of these rights and responsibilities may present mitigating facts and circumstances in the Board’s evaluation of allegations of unprofessional or unethical conduct.

282-26.2(272)  Rights.  Educators licensed under Iowa Code Chapter 272 have the following rights:

1. The educator has a right to be licensed and endorsed under professional standards established and enforced by the Board.
2. The educator has a right to refuse assignments for which the educator is not legally authorized, in terms of holding a valid Iowa license with the appropriate endorsement(s) or approval(s).
3. The educator has a right, subject to Board and administrator authority, to exercise professional judgment in the evaluation, selection, and use of teaching methods and instructional materials appropriate to the needs, abilities, and background of each student.

282-26.3(272)  Responsibilities.  Educators licensed under Iowa Code Chapter 272 have the following responsibilities:

1. The educator has a responsibility to maintain and improve the educator’s professional competence.
2. The educator has a responsibility to accept only those assignments for which the educator is legally authorized.
3. The educator has a responsibility to provide conditions that are conducive to teaching and student learning.
4. The educator shall protect students from conditions harmful to learning or to health or safety.
5. The educator shall not, without just cause, restrain a student from independent action in the pursuit of learning and shall not, without just cause, deny a student access to varying points of view.
6. The educator shall not use professional relationships with students for personal advantage.
7. The educator shall not discriminate against any student on the grounds of national or ethnic origin, religion, age, sex, disability, membership in a definable minority, or marital status, nor grant any discriminatory consideration or advantage.
8. The educator shall accord just and equitable treatment to all members of the profession.
9. The educator shall keep in confidence personally identifiable information regarding a student or the student’s family members that has been obtained in the course of professional service, unless disclosure is required by law or is necessary for the personal safety of the student or others.
10. The educator who has reasonable basis to believe that a student has been abused, as defined by law, shall make all reports required by the law and the Iowa Administrative Code and which are necessary to ensure the safety and well-being of the student.
11. In the administration of discipline, the educator shall treat all students with respect and in compliance with all policies of the school district served by the educator.
12. The educator shall provide accurate, truthful, and complete information to the Board and to the local education system concerning all licensure transactions.
13. The educator shall not refuse to participate in a professional inquiry, when requested by the Board.
14. The educator shall not require or direct another educator to violate any provisions of the code of professional conduct and ethics or any rights of a student, parent, educator or citizen.
15. The educator shall not delegate assigned tasks to unqualified personnel.

These rules are intended to implement Iowa Code 272.2(1)”a”.

Approved:  December 13, 2005

Reviewed:  May 14, 2019

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Defined                                                                                                                                                                          Code No. 405.1

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 is 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.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  Clay v. Independent School District of Cedar Falls, 187 Iowa 89, 174 N.W. 47 (1919).  Iowa Code §§ 256.7(3); 272; 279.8; (2013).  281 I.A.C. 12.4.  282 I.A.C. 14.  1940 Op. Att’y Gen. 375.

Cross Reference:  405.2 Licensed Employee Qualifications, Recruitment, Selection; 410.1 Substitute Teachers; 411.1 Classified Employee Defined

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Qualifications, Recruitment, Selection                                                                                                                     Code No.  405.2

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

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

All job openings shall be submitted to the Iowa Department of Education for posting on Teach Iowa, 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.  The superintendent, however, will have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  June 13, 2017

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

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

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Individual Contracts                                                                                                                                Code No. 405.3

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.

It is 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, are returned to the Superintendent.  The Superintendent will obtain the employee’s signature.  After being signed, the contract is filed with the Board Secretary.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

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 (2013).

Cross Reference:  405.2 Licensed Employee Qualifications, Recruitment, Selection; 405.4 Licensed Employee Continuing Contracts; 407 Licensed Employee Termination of Employment

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Continuing Contracts                                                                                                                                                  Code No. 405.4

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 non-renewable contracts in accordance with the 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 comply with Board policies in those areas.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

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

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Workday

Code No.  405.5

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 are reported to the superintendent.

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised: May 23, 2017

Legal Reference:  Iowa Code §§ 20; 279.8.

Cross Reference:  200.2 Powers of the Board of Directors

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Assignment

Code No.  405.6

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised: May 23, 2017

Legal Reference:  Iowa Code §§ 279.8

Cross Reference:  200.2 Powers of the Board of Directors

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Transfers

Code No.  405.7

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised: May 23, 2017

Legal Reference:  Iowa Code §§ 216.14; 279.8.

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

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Evaluation

Code No.  405.8

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

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

Licensed employees will be required to:

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

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised: May 14, 2019

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

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

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Probationary Status                                                                                                                                                     Code No. 405.9

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

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

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  Iowa Code § 279.

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

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Compensation                                                                                                                                                              Code No. 406.1

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

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

Approved:  May 14, 2019

Reviewed:

Revised:

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

Cross Reference:  405 Licensed Employee – General; 406.2 Licensed Employee Compensation Advancement

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Compensation Advancement                                                                                                                                    Code No.  406.2

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

It is the responsibility of the Superintendent to make a recommendation to the Board for the advancement of licensed employees.

Approved:  May 14, 2019

Reviewed:

Revised:

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

Cross Reference:  405 Licensed Employee – General; 406 Licensed Employee Compensation and Benefits

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Continued Education Credit                                                                                                                                      Code No.  406.3

Continued education on the part of licensed employees may entitle them to advancement in compensation.  Licensed employees who have completed additional hours may be considered for advancement.  The Board may determine which licensed employees will advance in compensation for continued education keeping in mind the financial condition of the School District, the education and experience of the licensed employee, the educational philosophy of the School District, and any other items deemed relevant by the Board.

The Superintendent has the discretion to approve credit outside the employee's area of endorsement or responsibility.

It is the responsibility of the Superintendent to make a recommendation to the Board for the advancement of a licensed employee.

Approved:  May 14, 2019

Reviewed:

Revised:

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

Cross Reference:  405 Licensed Employee – General; 406 Licensed Employee Compensation and Benefits

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Compensation For Extra Duty                                                                                                                                   Code No.  406.4

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 will assign the extra duty positions to qualified licensed employees.  The licensed employee will receive compensation for the extra duty required to be performed.

It is the responsibility of the Superintendent to make a recommendation to the Board annually as to which licensed employees will have the extra duty and the compensation for extra duty for the Board's review.

Approved:  May 14, 2019

Reviewed:

Revised:

Legal Reference:  Iowa Code §§ 279.8, .13-.15, .19A-B.

Cross Reference:  405 Licensed Employee – General; 406 Licensed Employee Compensation and Benefits

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Group Insurance Benefits                                                                                                                                          Code No.  406.5

Licensed employees may be eligible for group benefits as determined by the Board and required by law. The Board will select the group benefit program(s) and the insurance company or third party administrator which will provide or administer the program.

In accordance with the Patient Protection and Affordable Care Act (ACA), the Board will offer licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method required by law, with minimum essential health insurance coverage that is both affordable and provides minimum value.  The Board will have the authority and right to change or eliminate group benefit programs.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised: May 14, 2019

Legal Reference: Iowa Code §§ 20.9; 85; 85B; 279.12, .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, 706.2 Payroll Deductions

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Resignation                                                                                                                                                                  Code No. 407.1

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 a licensed employee is continuing to be employed by the School District.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Iowa Code §§ 91A.2, .3, .5; 279.13, .19A (2013).

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

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Contract Release                                                                                                                                                    Code No. 407.2

Licensed employees who wish to be released from an executed contract must give at least twenty-one days of 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.

It is within the sole discretion of the Board of Education to offer an early resignation incentive program.  Should the Board determine such a program would be beneficial to the district, action can be taken to offer such an incentive.  This program will sunset on a date provided by the Board and can only be activated by board action.  

Should a certified employee submit a written resignation before January 6, 2022 to be effective at the end of the 2021-2022 school year, that employee shall be eligible to receive a $1000 early resignation incentive payment. The payment shall occur with the June payroll following board approval of the resignation and completion of the certified employee’s contract.

The early resignation section of policy 407.2 shall sunset on January 6, 2022.

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.

Approved:  April 13, 2004

Reviewed:  November 10, 2020

Revised:  November 12, 2021

Legal Reference:  Iowa Code §§ 216; 272; 279.13, .19A, .46 (2013); 1978 Op. Att’y Gen. 247; 74 Op. Att’y Gen. 11, 322.

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

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Retirement                                                                                                                                                Code No. 407.3

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

Application for retirement will be considered made when the licensed employee states in writing to the Superintendent, no later than the date set by the Board for the return of the employee’s contract to the Board, the intent of the employee to retire.  Applications made after the date set by the Board for the return of the employee’s contract to the Board may be considered by the Board if special circumstances exist.  It is within the discretion of the Board to determine whether special circumstances exist.

Board action to approve a licensed employee’s application for retirement is final and such action constitutes nonrenewal of the employee’s contract for the next school year.

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

Licensed employees and their spouse and dependents are allowed to continue coverage in the school district’s group health insurance program at their own expense by meeting the requirements of the insurer.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

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

Cross Reference:  407.6 Licensed Employee Early Retirement

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Suspension                                                                                                                                             Code No.  407.4

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 is 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.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Code of Iowa §§ 20.7, .24; 279.13, .15-.19, .27 (2013).

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

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Reduction in Force                 Code No.  407.5

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

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

It is the responsibility of the Superintendent to make a recommendation for termination to the Board. The Superintendent shall consider the following criteria in making the recommendations:

• Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing;
• Relative skills, ability and demonstrated performance;
• Qualifications for co-curricular programs; and
• Number of continuous years of service to the School District.  This will be considered only when the foregoing factors are relatively equal between licensed employees.

Due process for terminations due to a reduction in force will be followed.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised: May 23, 2017

Legal Reference:  Iowa Code §§ 20; 279

Cross Reference:  407.4 Licensed Employee Suspension; 413.5 Classified Employee Reduction in Force; 703 Budget

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Early (Voluntary) Retirement                                                                                                                 Code No.  407.6

The Board may provide incentives to retiring licensed staff, administrators, and directors.  The purposes of the plan would be to provide recognition to retiring employees who have provided significant years of service to the Oskaloosa Community School District and to provide appropriate incentives for employees considering early retirement.

By November 15 the Board will annually review whether to offer incentives to employees retiring after the current school year.  If incentives are offered, they will be subject to the following guidelines in addition to those set forth in the accompanying Policy Exhibit 407.6E1:

1. Application must be made by December 15 of the current year of retirement that would begin following the end of the school year.
2. Employees must submit a written resignation from the existing contract contingent upon approval of the Board.

Pursuant to Iowa Statute, participation for eligible employees will be funded from the District’s Management Fund as early retirement benefits.  The Board reserves the right to make immediate changes to the benefits and waive any restrictions detailed in policy or regulation.

Approved:  January 1, 2001

Reviewed:  May 14, 2019

Revised:  November 10, 2015

Legal Reference:  29 U.S.C. §§ 621 et seq. (2012).  Iowa Code §§ 97B; 216; 279.46; 509A.13.  1978 Op. Att’y Gen. 247. 1974 Op. Att’y Gen. 11, 322.

Cross Reference:  407.3 Licensed Employee Retirement; 413.2 Classified Employee Retirement

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Professional Development                                                                                                        Code No.  408.1

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. 

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.

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

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

Approved:  April 13, 2004

Reviewed:  January 16, 2024

Revised:  June 13, 2017

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

Cross Reference:  414.9 Classified Employee Professional Purposes Leave

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Publication or Creation of Materials                                                                                                                         Code No.  408.2

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Code of Iowa § 279.8 (2013).  17 U.S.C. Sec. 101 et. al.

Cross Reference:  401.2 Employee Conflict of Interest; 606.4 Student Production of Materials and Services

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Tutoring                                                                                                                                                                        Code No.  408.3

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

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

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Code of Iowa §§ 20.7; 279.8 (2013).

Cross Reference:  401.2 Employee Conflict of Interest; 402.6 Employee Outside Employment

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Vacation – Holidays – Personal Leave

Code No.  409.1

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

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  June 23, 2017

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

Cross Reference:  414.1 Classified Employee Vacations - Holidays - Personal Leave; 601.1 School Calendar

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Personal Illness Leave                                                                                                                           Code No.  409.2

Licensed employees will be granted ten days of sick leave in their first year of employment.  Each year thereafter, one additional day of sick leave will be granted to the licensed employees up to a maximum of fifteen days.  "Day" is defined as one work day regardless of full-time or part-time status of the employee.  A new employee will report for work at least one full work day prior to receiving sick leave benefits.  A returning employee will be granted the appropriate number of days at the beginning of each fiscal year.

Sick leave may be accumulated up to a maximum as specified in the Master Contract Agreement for licensed employees.

Evidence may be required regarding the mental or physical health of the employee when the administration has a concern about the employee's health.  Evidence may also be required to confirm the employee's illness, the need for the illness leave, the employee's ability to return to work, and the employee's capability to perform the duties of the employee's position.  It is within the discretion of the Board or the Superintendent to determine the type and amount of evidence necessary.  When an illness leave will be greater than three consecutive days, the employee will comply with the board policy regarding family and medical leave.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  June 13, 2017

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

Cross Reference:  403.2 Employee Injury on the Job; 409.3 Licensed Employee Family and Medical Leave; 409.8 Licensed Employee Unpaid Leave

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Family and Medical Leave                                                                                                                                          Code No.  409.3

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

Employees may be allowed to substitute paid leave 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.  It is the responsibility of the Superintendent to develop administrative rules to implement this policy. 

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  June 13, 2017

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

Cross Reference:  409.2 Licensed Employee Personal Illness Leave; 409.8 Licensed Employee Unpaid Leave; 414.3 Classified Employee Family and Medical Leave

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Bereavement Leave

Code No.  409.4

The Board will determine the amount of bereavement leave that will be allowed for licensed employees.

Licensed employees covered by a collective bargaining agreement shall follow stipulations regarding bereavement leave as detailed in the Master Agreement of the appropriate bargaining group.

The Superintendent, Curriculum Director, Principals, Assistant Principals, Technology Director, Transportation Director, Food Service Director, Activities Director, and Business Manager shall receive bereavement leave similar to that stipulated in the Master Agreement with the Oskaloosa Education Association.

It is within the discretion of the Superintendent to determine the number of bereavement leave days to be granted.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  June 13, 2017

Legal Reference:  Iowa Code §§ 279.8.

Cross Reference:  409 Licensed Employee Vacations and Leaves of Absence

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Political Leave                                                                                                                                                       Code No.  409.5

The Board will provide a leave of absence to licensed employees to run for elective public office.  The Superintendent will grant a licensed employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The licensed employee will be entitled to one period of leave to run for the elective public office, and the leave may commence within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the Superintendent of schools at least thirty days prior to the starting day of the requested leave.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Code of Iowa § 55

Cross Reference:  401.9 Employee Political Activity; 409 Licensed Employee Vacations and Leaves of Absence

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Jury Duty Leave                                                                                                                                                                             Code No.  409.6

The Board will allow licensed employees to be excused for jury duty unless extraordinary circumstances exist.  The Superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the School District.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.

Licensed employees will receive their regular salary.  Any payment for jury duty will be paid to the School District.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Code of Iowa §§ 20.9; 607A

Cross Reference:  409 Licensed Employee Vacations and Leaves of Absence

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Military Service Leave                                                                                                                                                                  Code No.  409.7

The Board recognizes licensed employees may be called to participate in the Armed Forces, including the National Guard.  If a licensed employee is called to serve in the Armed Forces, the employee will have a leave of absence for military service until the military service is completed.

The leave is without loss of status or salary schedule, and without loss of pay during the first thirty calendar days of the leave.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980); Code of Iowa §§ 20; 29A.28.

Cross Reference:  409 Licensed Employee Vacations and Leaves of Absence

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Licensed Employee Unpaid Leave

Code No.  409.8

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies of the board.  Unpaid leave for licensed employees must be authorized by the Superintendent.

The Superintendent will have complete discretion to grant or deny the requested unpaid leave.  In making this determination, the Superintendent will consider the effect of the employee's absence on the education program and school district operations, length of service, previous record of absence, the financial condition of the School District, the reason for the requested absence, and other factors the Superintendent believes are relevant to making this determination.

If unpaid leave is granted, the duration of the leave period will be coordinated with the scheduling of the education program whenever possible to minimize the disruption of the education program and school district operations.

Whenever possible, licensed employees will make a written request for unpaid leave 10 days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary are made unless they are waived specifically by the Superintendent.

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  June 13, 2017

Legal Reference:  Iowa Code §§ 20; 85; 85A; 85B; 279.12; 509; 509A; 509B.

Cross Reference:  409 Licensed Employee Vacations and Leaves of Absence

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Substitute Teachers                                                                                                                                                                                                           Code No.  410.1

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

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

Substitute teachers will be paid a per diem rate.  Substitutes employed for 10 or more consecutive days in the same position shall be paid according to the prevailing salary schedule based upon qualifications and experience.  Substitute licensed employees are expected to perform the same duties as the licensed employees.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference: Code of Iowa) §§ 20.1, .4(5), .9; 281 I.A.C.

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

STAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Summer School Licensed Employees                                                                                                                                                                          Code No.  410.2

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

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

It is the responsibility of the superintendent to make a recommendation to the Board regarding the need for and the delivery of the summer education program.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Code of Iowa §§ 279.8; 280.14

Cross Reference:  505.2 Student Promotion – Retention – Acceleration, 603.2 Summer School Instruction

TAFF PERSONNEL

LICENSED

Series 400

Policy Title:  Education Aide

Code No.  410.4

The Board may employ education aides or other instructional support personnel to assist licensed personnel in non-teaching duties, including, but not limited to:

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

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

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

Cross Reference:  411.2 Classified Employee Qualifications, Recruitment, Selection

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Defined

Code No.  411.1

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.

It is 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.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  June 13, 2017

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

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee – Qualifications, Recruitment, Selection                                                                                                                                Code No.  411.2

Persons interested in a classified employee position will have an opportunity to apply and qualify for classified employee positions in the School District without regard to age, race, creed, color, sex, national origin, religion, sexual orientation, gender identity, or disability.  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 shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system. Additional announcements of the position may occur through means the Superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who directly supervises and oversees the position.

The Superintendent has the authority to hire, without Board approval, bus drivers, custodians, education associates, maintenance staff, clerical personnel, and food service workers.  The Superintendent also has the authority to sign individual contracts if applicable.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  29 U.S.C. §§ 621-634; 42 U.S.C. §§ 2000e; 12101 et seq. Iowa Code §§ 20; 35C; 216; 279.8; 279.20; 281 I.A.C. 12

Cross Reference:  401.1 Equal Employment Opportunity; 411 Classified Employees – General

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Contracts                                                                                                                                                                                       Code No.  411.3

The Board may enter into written Contracts or Letters of Assignment with classified employees employed on a regular basis.  The agreement will state the parameters of employment.

Each agreement for a new employee will be subject to ninety-day cancellation clause.  Either the employee or the Board must give notice of the intent to end employment at the end of the ninety calendar days.  This notice will not be required when the employee is terminated during this probationary period for cause.

It is the responsibility of the Superintendent to compose and process the classified employee agreements.  The agreements, after being signed by the Board president, if required, are filed with the Board Secretary.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

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

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

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Licensing/Certification

Code No.  411.4

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  June13, 2017

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

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Assignment                                                                                                                                                                                   Code No.  411.5

Determining the assignment of each classified employee is the responsibility of the Superintendent and within the sole discretion of the Board.   In making such assignments each year the Superintendent will consider the qualifications of each classified employee and the needs of the School District.

It is the responsibility of the Superintendent to assign classified employees and report such assignments to the Board.

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Code of Iowa §§ 20; 279.8

Cross Reference:  200.2 Powers of the Board of Directors; 411.6 Classified Employee Transfers

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Transfers                                                                                                                                                                                        Code No.  411.6

Determining the location where a classified employee’s assignment will be performed is the responsibility of the Superintendent and within the sole discretion of the Board.  In making such assignments each year the Superintendent will consider the qualifications of each classified employee and the needs of the School District.

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

It is the responsibility of the Superintendent to transfer classified employees and report such transfers to the Board.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  29 U.S.C. §§ 621-634; 42 U.S.C. §§ 2000e et seq.; 42 U.S.C. §§ 12101 et seq.; Code of Iowa §§ 20.9; 35C; 216; 279.8; 294.1

Cross Reference:  411.2 Classified Employee Qualifications, Recruitment, Selection; 411.5 Classified Employment Assignment

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Evaluation                                                                                                                                                                                       Code No.  411.7

Evaluation of classified employees on their skills, abilities, and competence is an ongoing process supervised by the Superintendent.  The goal of the formal evaluation of classified employees is 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 is the responsibility of the Superintendent to ensure classified employees are formally evaluated annually.  New and probationary classified employees are formally evaluated at least twice a year.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

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); Code of Iowa §§ 20.9; 279.14; 281 I.A.C.; 12.3(3)

Cross Reference:  411.2 Classified Employee - Qualifications, Recruitment, Selection; 411.8 Classified Employee Probationary Status

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Probationary Status                                                                                                                                                                    Code No.  411.8

The first ninety days of a newly employed classified employee’s contract is a probationary period.  “Day” is defined as one work day regardless of full-time or part-time status of the employee.  New employees, regardless of experience, are subject to this probationary period.

“New” employees includes individuals who are being hired for the first time by the School District and those who may have been employed by the School District in the past, but have not been employed by the Board during the school year prior to the one for which contracts are being issued.

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

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Code of Iowa §§ 20; 279.8

Cross Reference:  411.3 Classified Employee Contracts; 411.7 Classified Employee Evaluation

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Compensation                                                                                                                                                                              Code No.  412.1

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 is the responsibility of the Superintendent to make a recommendation to the Board annually regarding the compensation of classified employees.

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

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

Cross Reference:  411.3 Classified Employee Contracts; 412.2 Classified Employee Wage and Overtime Compensation

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Wage and Overtime Compensation                                                                                                                                        Code No.  412.2

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 is compensated at one and one-half times their regular hourly wage rate.  This compensation is in the form of overtime pay or compensatory time.  Overtime will not be permitted without prior authorization of the superintendent.

Each non-exempt employee paid on an hour-by-hour basis must complete, sign, and turn in a daily time record showing the actual number of hours worked.  Failure of the employee to maintain, or falsification of, a daily time record will be grounds for disciplinary action.

It is the responsibility of the Board Secretary to maintain wage records.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985); 29 U.S.C. §§ 206 et seq.

Cross Reference:  411.3 Classified Employee Contracts; 412.1 Classified Employee Compensation

TAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Group Insurance Benefits                                                                                                                       Code No.  412.3

Classified employees may be eligible for group insurance benefits as determined by the Board and required by law.  The Board will select the group insurance program and the insurance company which will provide the program.

In accordance with the Patient Protection and Affordable Care Act (ACA), the Board will offer classified employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method required by law, with minimum essential health insurance coverage that is both affordable and provides minimum value.  The Board will have the authority and right to change or eliminate group benefit programs.

The board will utilize the applicable measurement period to determine whether variable hourly employees qualify for an offer of insurance coverage under the district’s group health plan.  The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees.

Classified employees, who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan. Employers should maintain documents regarding eligible employees' acceptance and rejection of coverage.

Regular part-time classified employees (i.eEmployees who work less than 30 hours per week or 130 hours per month for health benefit purposes or employees who work less than 30 per week for benefits other than health) who wish to purchase coverage may participate in group benefit programs by meeting the requirements of the applicable plan. Full-time and regular part-time classified employees who wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.

Classified employees and their spouse and dependents may be allowed to continue coverage of the school district's group health insurance program if they cease employment with the school district by meeting the requirements of the insurer.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  October 12, 2021

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

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Resignation                                                                                                                                                                                   Code No.  413.1

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 2 weeks prior to their last working day.

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

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

Cross Reference:  411.3 Classified Employee Contracts; 413 Classified Employee Termination of Employment

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Retirement                                                                                                                                                                                     Code No.  413.2

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

Application for retirement will be considered made when the classified employee states in writing to the Superintendent, no later than the date set by the Board for the return of the employee’s contract to the Board if applicable, the employee’s intent to retire.

Board action to approve a classified employee’s application for retirement is final, and such action constitutes termination of the employee’s contract effective the day of the employee’s retirement.

Classified employees and their spouse and dependents who have group insurance coverage through the School District may be allowed to continue coverage of the school district’s group health insurance program, at their own expense, by meeting the requirements of the insurer.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  29 U.S.C. §§ 621 et seq.; Iowa Code §§ 91A.2, .3, .5; 97B; 216.19A, .46.

Cross Reference:  412 Classified Employee Compensation and Benefits; 413 Classified Employee Termination of Employment

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Suspension                                                                                                                                                                                   Code No.  413.3

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 is 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.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765, 769 (Iowa 1987); McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979); Iowa Code §§ 20.7, .24.

Cross Reference:  404 Employee Conduct and Appearance; 413 Classified Employee Termination of Employment

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Dismissal                                                                                                                                                                                       Code No.  413.4

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

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Iowa Code §§ 20.7, .24

Cross Reference:  404 Employee Conduct and Appearance; 413.3 Classified Employee Suspension; 413.5 Classified Employee Reduction in Force

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Reduction in Force                                                                                                                                                                       Code No.  413.5

It is the exclusive power of the Board to determine when a reduction in classified employees is necessary.  Employees who are terminated due to a reduction in force will be given thirty days notice.  Due process will be followed for termination due to a reduction in force.

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  Iowa Code §§ 20.7, .24

Cross Reference:  407.5 Licensed Employee Reduction in Force; 413.3 Classified Employee Suspension; 413.4 Classified Employee Dismissal; 703 Budget

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Vacations – Holidays – Personal Leave

Code No.  414.1

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

Classified employees will be paid only for the hours they would have been scheduled for the day.  Vacation will not be carried forward from year to year without a prior arrangement with the Superintendent.

It is the responsibility of the Superintendent to make a recommendation to the Board annually on vacation and personal leave for all classified employees.

The requirements stated in the Master Contract between employees in the classified collective bargaining unit and the Board regarding vacations, holidays, and personal leave of such employees will be followed.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  June 13, 2017

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

Cross Reference:  409.1 Licensed Employee Vacations - Holidays - Personal Leave; 601.1 School Calendar

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Personal Illness Leave                                                                                                                                                               Code No.  414.2

Evidence may be required to be provided by the employee to his or her supervisor regarding the mental or physical health of the employee including, but not limited to, confirmation of the following: the employee’s illness, the need for the illness leave, the employee’s ability to return to work, and the employee’s capability to perform the duties of the employee’s position.  It is within the discretion of the Board and the Superintendent to determine the type and amount of evidence necessary.  When an illness leave will be greater than three consecutive days, the employee will comply with Board policy regarding family and medical leave.

If an employee is eligible to receive workers’ compensation benefits, the employee will comply with district procedures.

Classified employees covered by a collective bargaining agreement shall receive personal illness leave as detailed in the Master Agreement of the appropriate bargaining group, as well as their individual contracts.

Classified employees not covered by a collective bargaining agreement shall generally receive personal illness leave comparable to that stipulate in the Master Agreement of a similar bargaining group, with the exception of specific provisions listed in their individual contracts and those as specified in other policies.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942); 29 U.S.C. §§ 2601 et seq.; 29 C.F.R. Pt. 825; Iowa Code §§ 20; 85.33, .34, .38(3); 279.40

Cross Reference:  403.2 Employee Injury on the Job; 414.3 Classified Employee Family and Medical Leave; 414.8 Classified Employee Unpaid Leave

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Family and Medical Leave                                                                                                                                                          Code No.  414.3

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

Employees may be allowed to substitute paid leave 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.  It is the responsibility of the superintendent to develop administrative rules to implement this policy.

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the Board regarding family and medical leave of such employees will be followed.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  October 13, 2009

Legal Reference:  Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942); 29 U.S.C. §§ 2601 et seq.; 29 C.F.R. Pt. 825; Iowa Code 20; 85.33, .34, .38(3); 216; 279.40

Cross Reference:  409.2 Licensed Employee Personal Illness Leave; 409.3 Licensed Employee Family and Medical Leave; 409.8 Licensed Employee Unpaid Leave

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Bereavement Leave

Code No.  414.4

The Board will determine the amount of bereavement leave that will be allowed for classified employees.

Classified employees covered by a collective bargaining agreement shall follow stipulations regarding bereavement leave as detailed in the Master Agreement of the appropriate bargaining group.

Classified employees not covered by a collective bargaining agreement (Administrative Secretaries, Kitchen Managers, Project Assistant, Technology Support Specialist, and Assistant Transportation Director) shall receive bereavement leave similar to that stipulated in the Master Agreement with the Oskaloosa Support Staff Association.

It is within the discretion of the Superintendent to determine the number of bereavement leave days to be granted.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  June 13, 2017

Legal Reference:  Iowa Code §§ 20; 279.8.

Cross Reference:  414 Classified Employee Vacations and Leaves of Absence

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Political Leave                                                                                                                                                                              Code No.  414.5

The Board will provide a leave of absence to classified employees to run for elective public office.  The Superintendent will grant a classified employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The classified employee will be entitled to one period of leave to run for the elective public office, and the leave may commence any time within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the Superintendent at least thirty days prior to the starting date of the requested leave.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Iowa Code ch. 55

Cross Reference:  401.9 Employee Political Activity; 414 Classified Employee Vacations and Leaves of Absence

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Jury Duty Leave                                                                                                                                                                            Code No.  414.6

The Board will allow classified employees to be excused for jury duty unless extraordinary circumstances exist.  The Superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the School District.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.

Classified employees will receive their regular salary.  Any payment for jury duty is turned over to the School District.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Iowa Code §§ 20.9; 607A

Cross Reference:  414 Classified Employee Vacations and Leaves of Absence

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Military Service Leave                                                                                                                                                                Code No.  414.7

The Board recognizes classified employees may be called to participate in the Armed Forces, including the National Guard.  If a classified employee is called to serve in the Armed Forces, the employee will have a leave of absence for military service until the military service is completed.

The leave is without loss of status or salary schedule, and without loss of pay during the first thirty calendar days of the leave.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  Bewley v. Villisca Community School District, 299 N.W.2d 904 (Iowa 1980); Iowa Code §§ 20; 29A.28

Cross Reference:  414 Classified Employee Vacations and Leaves of Absence

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Unpaid Leave                                                                                                                                                                                Code No.  414.8

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies.  Unpaid leave for classified employees must be authorized by the Superintendent.  Whenever possible, classified employees will make a written request for unpaid leave ten days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary are made unless they are waived specifically by the Superintendent.

The Superintendent will have complete discretion to grant or deny the requested unpaid leave.  In making this determination, the Superintendent will consider the effect of the employee’s absence on the education program and school district operations, the financial condition of the School District, length of service, previous record of absence, the reason for the requested absence, and other factors the Superintendent believes are relevant in making this determination.

If unpaid leave is granted, the duration of the leave period is coordinated with the scheduling of the education program whenever possible, to minimize the disruption of the education program and school district operations.

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Iowa Code §§ 20.9; 279.8

Cross Reference:  414 Classified Employee Vacations and Leaves of Absence

STAFF PERSONNEL

Support

Series 400

Policy Title:  Classified Employee Professional Purposes Leave                                                                                                                                                  Code No.  414.9

Professional purposes leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments.  Application for the leave must be presented to the Superintendent prior to a registration process and/or meeting or conference and approved by the employee’s immediate supervisor.

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

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

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

Cross Reference:  411 Classified Employees – General; 408.1 Classified Employee Professional Development