BOARD POLICIES

BOARD POLICIES

POLICIES

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Jen@iowaschool… Thu, 09/19/2019 - 12:29

100 - SCHOOL DISTRICT

100 - SCHOOL DISTRICT Jen@iowaschool… Mon, 10/02/2023 - 09:57

100 - Legal Status of the School District

100 - Legal Status of the School District

Iowa law authorizes the creation of a Common Schools System.  As part of this Common Schools System, this school district is a school corporation created and organized under Iowa law.  This school district is known as the Maquoketa Valley Community School District.

This school corporation is located in Delaware  County, and its affairs are conducted by elected school officials, the Maquoketa Valley Community School District Board of Directors.  This school corporation has exclusive jurisdiction over school matters in the territory of the school district.

 

 

Legal Reference:  Iowa Code §§ 274.1, .2, .6, .7; 279.8; 594A.

Cross Reference:  200                                      Legal Status of the Board of Directors

Approved      1/2020                             
Reviewed    11/21/22                                                                           
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 08:56

101 - Educational Philosophy of the School District

101 - Educational Philosophy of the School District

As a school corporation of Iowa, the Maquoketa Valley Community School District, acting through its board of directors, is dedicated to promoting an equal opportunity for a quality public education to its students.  The board’s ability may be limited by the school district's ability and willingness to furnish financial support in cooperation with student’s parents and school district community.  The board is also dedicated to providing the opportunity to develop a healthy social, intellectual, emotional, and physical self-concept in a learning environment that provides guidance to, and encourages critical thinking in, the students for a lifetime.

The board endeavors, through the dedication of the school district's resources, to encourage students, who come to the school district from a variety of backgrounds, to look forward to the time when they will have jobs, homes, families, places in the school district community, and attain recognition as individuals.  In order to achieve this goal, the board will seek qualified employees dedicated to development of their professional skills for the betterment of the education program and for the expertise for educational productivity.

Instruction and curriculum are the key elements of a public education.  Critical thinking and problem solving skills that will assist the students' preparation for life is instructed as part of a sequentially coordinated curriculum.  The school district strives to prepare students for employment, to discover and nurture creative talent and to prepare them to meet and cope with social change in an atmosphere conducive to learning.

The support and involvement of the home and the school district community are essential to achieve educational excellence in the school district.  The school district strives to maintain an active relationship with the home and the school district community to create within the students an awareness of dignity and worth of the individual, civic responsibility and respect for authority.

 

 

Legal Reference:  Iowa Code §§ 256.11

Cross Reference:  102                                      Equal Educational Opportunity
 
                                      103                                      Long-Range Needs Assessment
 
                                      209                                      Board of Directors' Management Procedures
 
                                      600                                      Goals and Objectives of the Education Program
 
                                      602                                      Curriculum Development

Approved     1/2020                              
Reviewed     11/21/22                                                                          
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 08:56

102 - Equal Educational Opportunity

102 - Equal Educational Opportunity

It is the goal of the board to develop a healthy social, intellectual, emotional, and physical self-concept in the students enrolled in the school district.  Each student attending school will have the opportunity to use its education program and services as a means for self-improvement and individual growth.  In so doing, the students are expected to conduct themselves in a manner that assures each student the same educational opportunity.

The Maquoketa Valley Community School District does not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices.  The belief in equal educational opportunity serves as a guide for the board and employees in making decisions relating to school district facilities, employment, selection of educational materials, equipment, curriculum, and regulations affecting students. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Dave Hoeger,      Maquoketa Valley  Community School District, Delhi, Iowa 52223; or by telephoning 563-599-2091.

Board policies, rules and regulations affect students while they are on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.

The board requires all persons, agencies, vendors, contractors and other persons and organizations doing business with or performing services for the school district to subscribe to all applicable federal and state laws, executive orders, rules and regulations pertaining to contract compliance and equal opportunity.

Inquiries by students regarding compliance with equal educational opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, are directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Dave Hoeger,        Maquoketa Valley  Community School District, Delhi, Iowa 52223; or by telephoning 563-599-2091.

Inquiries by students regarding compliance with equal educational 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, John C. Kluczynski Federal Building, 230 S. Dearborn St., 37th Floor, Chicago, IL, 60604 (312) 730-1560, fax (312) 730-1576 OCR.Chicago@ed.gov, the Iowa Civil Rights Commissioner, https://icrc.iowa.gov, (515) 281-4121 or the Iowa Dept. of Education, Grimes State Office Bldg., Des Moines, IA 50319. (515) 281-5294.  This inquiry or complaint to the federal or state office may be done instead of, or in addition to, an inquiry or complaint at the local level.

 

 

Legal Reference:  20 U.S.C. §§ 1221 et seq. 
 
                                      20 U.S.C. §§ 1681 et seq.
 
                                      20 U.S.C. §§ 1701 et seq.
 
                                      29 U.S.C. § 206 et seq.
 
                                      29 U.S.C. § 794
 
                                      42 U.S.C. §§ 2000d and 2000e.
 
                                      42 U.S.C. §§ 12101 et seq.
   
                                    34 C.F.R. Pt. 100.
    
                                    34 C.F.R. Pt. 104.
                                        
Iowa Code §§ 216.6; 216.9; 256.11; 280.3.
 
                                      281 I.A.C. 12.

Cross Reference:  101        Educational Philosophy of the School District
 
                                      401.1    Equal Employment Opportunity
 
                                      500        Objectives for Equal Educational Opportunities for Students
 
                                      506.1    Student Records

Approved     1/2020      
Reviewed    11/21/22                           
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 08:57

102.E2 - Continuous Notice of Nondiscrimination

102.E2 - Continuous Notice of Nondiscrimination

It is the policy of the Maquoketa Valley Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Dave Hoeger, Maquoketa Valley  Community School District, Delhi, Iowa 52223; or by telephoning 563-599-2091.

 

dawn.gibson.cm… Mon, 10/30/2023 - 08:59

102.E3 - Notice of Section 504 Student and Parental Rights

102.E3 - Notice of Section 504 Student and Parental Rights

The Maquoketa Valley Community School District does not discriminate in its educational programs and activities on the basis of a student's disability. It has been determined that your child has a qualifying disability for which accommodations may need to be made to meet his or her individual needs as adequately as the needs of other students. As a parent, you have the right to the following:

  • Participation of your child in school district programs and activities, including extracurricular programs and activities, to the maximum extent appropriate, free of discrimination based upon the student's disability and at the same level as students without disabilities;
  • Receipt of free educational services to the extent they are provided students without disabilities:
  • Receipt of information about your child and your child's educational programs and activities in your native language;
  • Notice of identification of your child as having a qualifying disability for which accommodations may need to be made and notice prior to evaluation and placement of your child and right to periodically request a re-evaluation of your child;
  • Inspect and review your child's educational records including a right to copy those records for a reasonable fee; you also have a right to ask the school district to amend your child's educational records if you feel the information in the records is misleading or inaccurate; should the school district refuse to amend the records, you have a right to a hearing and to place an explanatory letter in your child's file explaining why you feel the records are misleading or inaccurate; and
  • Hearing before an impartial hearing officer if you disagree with your child's evaluation or placement; you have a right to counsel at the hearing and have the decision of the impartial hearing officer reviewed.

It is the policy of the Maquoketa Valley Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Dave Hoeger, Maquoketa Valley  Community School District, Delhi, Iowa 52223; or by telephoning 563-599-2091. 

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:00

102.E4 - Discrimination Complaint Form

102.E4 - Discrimination Complaint Form

Date of complaint:  __________________________________

Name of Complainant:  __________________________________

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

Who or what entity do you believe discriminated against, harassed, or bullied  you (or someone else)?
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________

 

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

Names of any witnesses (if any):
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________

Nature of discrimination, harassment, or bullying alleged (check all that apply):

 

Age

 

Physical Attribute

 

Sex

 

Disability

 

Physical/Mental Ability

 

Sexual Orientation

 

Familial Status

 

Political Belief

 

Socio-economic Background

 

Gender Identity

 

Political Party Preference

 

Other - Please Specify:

 

Marital Status

 

Race/Color

 

 

National Origin/Ethnic Background/Ancestry

 

Religion/Creed

 

 

 

In the space below, please describe what happened and why you believe that you or someone else has been discriminated against,
harassed, or bullied. Please be as specific as possible and attach additional pages if necessary.
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________

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

 

Signature:  _____________________________________________     Date:  ______________________

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:03

102.E5 - Witness Disclosure Form

102.E5 - Witness Disclosure Form

Name of Witness:______________________________________________

Date of interview:______________________________________________

Date of initial complaint:______________________________________________

Name of Complainant (include whether the Complainant is a student or employee)
_______________________________________________________________________________
_______________________________________________________________________________

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

 

Nature of discrimination, harassment, or bullying alleged (check all that apply):

 

Age

 

Physical Attribute

 

Sex

 

Disability

 

Physical/Mental Ability

 

Sexual Orientation

 

Familial Status

 

Political Belief

 

Socio-economic Background

 

Gender Identity

 

Political Party Preference

 

Other - Please Specify:

 

Marital Status

 

Race/Color

 

 

National Origin/Ethnic Background/Ancestry

 

Religion/Creed

 

 

Description of incident witnessed:______________________________________________

Additional information:
 

_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________

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

Signature:  _______________________________________________________________     Date:  ___________________________________

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:03

102.E6 - Disposition of Complaint Form

102.E6 - Disposition of Complaint Form

Date: ___________________________

Date of initial complaint: ______________________________________

Name of Complainant (include whether the Complainant is a student or employee):
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________

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

Name of Respondent (include whether the Respondent is a student or employee):
_____________________________________________________________________________
_____________________________________________________________________________

Nature of discrimination, harassment, or bullying alleged (check all that apply):

 

Age

 

Physical Attribute

 

Sex

 

Disability

 

Physical/Mental Ability

 

Sexual Orientation

 

Familial Status

 

Political Belief

 

Socio-economic Background

 

Gender Identity

 

Political Party Preference

 

Other - Please Specify:

 

Marital Status

 

Race/Color

 

 

National Origin/Ethnic Background/Ancestry

 

Religion/Creed

 

 

 

Summary of Investigation:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________

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

 

Signature:  ____________________________________________________     Date:  _______________

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:06

102.R1 - Grievance Procedure

102.R1 - Grievance Procedure

It is the policy of the Maquoketa Valley Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Dave Hoeger, Maquoketa Valley  Community School District, Delhi, Iowa 52223; or by telephoning 563-599-2091.

Students, parents of students, employees, and applicants for employment in the school district have the right to file a formal complaint alleging discrimination. The district has policies and procedures in place to identify and investigate complaints alleging discrimination. If appropriate, the district will take steps to prevent the recurrence of discrimination and to correct its discriminatory effects on the Complainant and others.

A Complainant may attempt to resolve the problem informally by discussing the matter with a building principal or a direct supervisor. However, the Complainant has the right to end the informal process at any time and pursue the formal grievance procedures outlined below. Use of the informal or formal grievance procedure is not a prerequisite to the pursuit of other remedies. Please note that informal processes and procedures are not to be used in certain circumstances (e.g., sexual harassment and sexual assault).

Filing a Complaint

A Complainant who wishes to avail himself/herself of this grievance procedure may do so by filing a complaint with the equity coordinator(s). An alternate will be designated in the event it is claimed that the equity coordinator or superintendent committed the alleged discrimination or some other conflict of interest exists. Complaints shall be filed within 180 of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence. The Complainant will state the nature of the complaint and the remedy requested. The equity coordinator(s) shall assist the Complainant as needed.

Investigation

Within 15 working days, the equity coordinator will begin the investigation of the complaint or appoint a qualified person to undertake the investigation (hereinafter “equity coordinator”).  If the Complainant is under 18 years of age, the equity coordinator shall notify his or her parent(s)/guardian(s) that they may attend investigatory meetings in which the Complainant is involved. The complaint and identity of the Complainant, Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy. The investigation may include, but is not limited to the following:

  • A request for the Complainant to provide a written statement regarding the nature of the complaint;
  • A request for the individual named in the complaint to provide a written statement;
  • A request for witnesses identified during the course of the investigation to provide a written statement;
  • Interviews of the Complainant, Respondent, or witnesses;
  • An opportunity to present witnesses or other relevant information; and
  • Review and collection of documentation or information deemed relevant to the investigation.

Within 60 working days, the equity coordinator shall complete the investigation and issue a report with respect to the findings.

The equity coordinator shall notify the Complainant and Respondent of the decision within 5 working days of completing the written report. Notification shall be by U.S. mail, first class.

Decision and Appeal

The complaint is closed after the equity coordinator has issued the report, unless within 10 working days after receiving the decision, either party appeals the decision to the superintendent by making a written request detailing why he/she believes the decision should be reconsidered. The equity coordinator shall promptly forward all materials relative to the complaint and appeal to the superintendent. Within 30 working days, the superintendent shall affirm, reverse, amend the decision, or direct the equity coordinator to gather additional information. The superintendent shall notify the Complainant, Respondent, and the equity coordinator of the decision within 5 working days of the decision. Notification shall be by U.S. mail, first class.

The decision of the superintendent shall be final.

The decision of the superintendent in no way prejudices a party from seeking redress through state or federal agencies as provided by in law.

This policy and procedures are to be used for complaints of discrimination, in lieu of any other general complaint policies or procedures that may be available.

If any of the stated timeframes cannot be met by the district, the district will notify the parties and pursue completion as promptly as possible.

Retaliation against any person, because the person has filed a complaint or assisted or participated in an investigation, is prohibited. Persons found to have engaged in retaliation shall be subject to discipline by appropriate measures.

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:14

103 - Long-Range Needs Assessment

103 - Long-Range Needs Assessment

Long-range needs assessment enables the school district to analyze assessment data, get feedback from the community about its expectation of students and determine how well students are meeting student learning goals.  The board will conduct ongoing and in-depth needs assessment, soliciting information from business, labor, industry, higher education and community members, regarding their expectations for adequate student preparation.

In conjunction with the in-depth needs assessment of the school district, the board will authorize the appointment of a committee, representing administrators, employees, parents, students and community members, to make recommendations and assist the board in determining the priorities of the school district in addition to the basic skills areas of the education program.

The school board will provide opportunities for local feedback on an ongoing basis.  This will include, but not be limited to the following: Communication Team feedback, Focus groups, written surveys and questionnaires in the school newsletter or online, and on the district website.

It is the responsibility of the superintendent to ensure the school district community is informed of students' progress on state and locally determined indicators.  The superintendent will report annually to the board about the means used to keep the community informed.

As a result of the board and committee's work, the board will determine major educational needs and rank them in priority order; develop long-range goals and plans to meet the educational needs; establish and implement short-range and intermediate-range plans to meet the goals and to attain the desired levels of student performance; evaluate progress toward meeting the goals and maintain a record of progress under the plan that includes reports of student performance and results of school improvement projects; and annually report the school district's progress made under the plan to the committee, community and Iowa Department of Education.

 

 

Legal Reference:  Iowa Code §§ 21; 256.7; 280.12.
 
                                      281 I.A.C. 12.8(1)(b).

Cross Reference:  101                                      Educational Philosophy of the School District
 
                                      200                                      Legal Status of the Board of Directors
 
                                      208                                      Committees of the Board of Directors
 
                                      603.1                                  Basic Instruction Program
 
                                      801.1                                  Buildings and Sites Long Range Planning
 
                                      801.2                                  Buildings and Sites Surveys

Approved      1/2020                  
Reviewed    11/21/22                                                               
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:15

103.R1 - Long-Range Needs Assessment Process

103.R1 - Long-Range Needs Assessment Process

The school district's long range needs assessment process includes these items:

  • provisions for collecting, analyzing and reporting information derived from local, state and national sources;
  • provisions for reviewing information acquired on the following:
    • state indicators and other locally determined indicators,
    • locally established student learning goals,
    • specific data collection required by state and federal programs;
  • provisions for collecting and analyzing assessment data on the following:
    • state indicators,
    • locally determined indicators,
    • locally established student learning goals.

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:16

104 - Anti-Bullying/Anti-Harassment Policy

104 - Anti-Bullying/Anti-Harassment Policy

The [insert school district name] is committed to providing all students, employees, and volunteers with a safe and civil school environment in which all members of the school community are treated with dignity and respect.  Bullying and/or harassing behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed. 

Bullying and/or harassment of or by students, employees, and volunteers is against federal, state, and local policy and is not tolerated by the board.

Accordingly, school employees, volunteers, and students shall not engage in bullying or harassing behavior while on school property, while on school-owned or school-operated vehicles, while attending or participating in school-sponsored or sanctioned activities, and while away from school grounds if the conduct materially interferes with the orderly operation of the educational environment or is likely to do so.

Complaints may be filed with the superintendent or superintendent’s designee pursuant to the regulation accompanying this policy.  The superintendent is responsible for implementation of this policy and all accompanying procedures. Complaints will be investigated within a reasonable time frame.  Within 24 hours of receiving a report that a student may have been the victim of conduct that constitutes bullying and/or harassment, the district will notify the parent or guardian of the student.

If as a result of viewing surveillance system data or based on a report from a school district employee, the district determines that a student has suffered bullying or harassment by another student enrolled in the district; a parent or guardian of the student may enroll the student in another attendance center within the district that offers classes at the student’s grade level, subject to the requirements and limitations established in Iowa law related to this topic.

A school employee, volunteer, or student, or a student’s parent or guardian who promptly, reasonably, and in good faith reports an incident of bullying or harassment, in compliance with the procedures in the regulation, to the appropriate school official designated by the school district, shall be immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report.

 

Retaliation Prohibited

Individuals who knowingly file false bullying or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures.

Any student found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion.  Any school employee found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment.  Any school volunteer found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, removal from service and exclusion from school grounds.  

 

Definitions

For the purposes of this policy, the defined words shall have the following meaning: 

  • “Electronic” means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means.  “Electronic” includes but is not limited to
  •  communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.  “Harassment” and “bullying” mean any repeated or potentially repeated electronic, written, verbal, or physical act or other ongoing conduct toward an individual based on any trait or characteristic of the individual which creates an objectively hostile school environment that meets one or more of the following conditions:
  1. Places the individual in reasonable fear of harm to the individual’s person or property.
  2. Has a substantial detrimental effect on the individual’s physical or mental health.
  3. Has the effect of substantially interfering with the individual’s academic or career performance.  Has the effect of substantially interfering with the individual’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
  • “Trait or characteristic of the individual” includes but is not limited to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.
  • “Volunteer” means an individual who has regular, significant contact with students.

 

Publication of Policy

The board will annually publish this policy. The policy may be publicized by the following means:

  • Inclusion in the student handbook,
  • Inclusion in the employee handbook
  • Inclusion in the registration materials
  • Inclusion on the school or school district’s web site,

 

                                                            

Legal References:  20 U.S.C. §§ 1221-1234i.
 
                                         29 U.S.C. § 794.
 
                                         42 U.S.C. §§ 2000d-2000d-7.
    
                                      42 U.S.C. §§ 12101 2et. seq.
 
                                         Iowa Code §§ 216.9; 280.3, .28.            
 
                                         281 I.A.C. 12.3(6).
                                         Morse v. Frederick, 551 U.S. 393 (2007)

Cross References:  102       Equal Educational Opportunity
    
                                      502       Student Rights and Responsibilities
 
                                         503       Student Discipline
 
                                         506       Education Records

Approved     1/20/20              
Reviewed   7/17/23                
Revised   7/17/23                

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:17

104.E1 - Complaint Form (Discrimination, Anti-Bullying, and Anti-Harassment)

104.E1 - Complaint Form (Discrimination, Anti-Bullying, and Anti-Harassment)

Date of complaint:________________________________

Name of Complainant:  :________________________________

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

___________________________________________________________________________________
___________________________________________________________________________________

Who or what entity do you believe discriminated against, harassed, or bullied you (or someone else)?

___________________________________________________________________________________
___________________________________________________________________________________

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

Names of any witnesses (if any):
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________

Nature of discrimination, harassment, or bullying alleged (check all that apply):

 

Age

 

Physical Attribute

 

Sex

 

Disability

 

Physical/Mental Ability

 

Sexual Orientation

 

Familial Status

 

Political Belief

 

Socio-economic Background

 

Gender Identity

 

Political Party Preference

 

Other - Please Specify:

 

Marital Status

 

Race/Color

 

 

National Origin/Ethnic Background/Ancestry

 

Religion/Creed

 

In the space below, please describe what happened and why you believe that you or someone else has been discriminated against, harassed, or bullied. Please be as specific as possible and attach additional pages if necessary.

___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________

 

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

Signature:________________________________________  Date:____________________________

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:20

104.E2 - Witness Disclosure Form

104.E2 - Witness Disclosure Form

Name of Witness:

Date of interview:

Date of initial complaint:

Name of Complainant (include whether the Complainant is a student or employee):
_________________________________________________________________________________________
_________________________________________________________________________________________

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

Nature of discrimination, harassment, or bullying alleged (check all that apply):

 

Age

 

Physical Attribute

 

Sex

 

Disability

 

Physical/Mental Ability

 

Sexual Orientation

 

Familial Status

 

Political Belief

 

Socio-economic Background

 

Gender Identity

 

Political Party Preference

 

Other - Please Specify:

 

Marital Status

 

Race/Color

 

 

National Origin/Ethnic Background/Ancestry

 

Religion/Creed

 

 

Description of incident witnessed:
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

Additional information:
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

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

 

Signature:  ___________________________________________________________________     Date:  _________________________

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:22

104.E3 - Disposition of Complaint Form

104.E3 - Disposition of Complaint Form

Date:

Date of initial complaint:

Name of Complainant (include whether the Complainant is a student or employee):
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________

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

Name of Respondent (include whether the Respondent is a student or employee):
_____________________________________________________________________________
_____________________________________________________________________________

Nature of discrimination, harassment, or bullying alleged (check all that apply):

 

Age

 

Physical Attribute

 

Sex

 

Disability

 

Physical/Mental Ability

 

Sexual Orientation

 

Familial Status

 

Political Belief

 

Socio-economic Background

 

Gender Identity

 

Political Party Preference

 

Other - Please Specify:

 

Marital Status

 

Race/Color

 

 

National Origin/Ethnic Background/Ancestry

 

Religion/Creed

 

 

Summary of Investigation:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________

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

 

Signature:  ____________________________________________________     Date:  _______________

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:23

104.R1 - Anti-Bullying/Angi-Harassment Investigation Procedures

104.R1 - Anti-Bullying/Angi-Harassment Investigation Procedures

Filing a Complaint

An individual who believes that the individual has been harassed or bullied may file a complaint with the superintendent or superintendent’s designee.  The complaint form is available on the district website.   If the complainant is a school employee, after filing the complaint with the superintendent or superintendent’s designee, the employee may separately notify the parent or guardian of the student alleged to have been harassed or bullied.

An alternate investigator will be designated in the event it is claimed that the superintendent or superintendent’s designee committed the alleged bullying or harassment or some other conflict of interest exists.  Complaints shall be filed within 180 days of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence.  The Complainant will state the nature of the complaint and the remedy requested. The Complainant shall receive assistance as needed.

 

Investigation

The school district will promptly and reasonably investigate allegations of bullying or harassment upon receipt of a written complaint. The superintendent (hereinafter “Investigator”) will be responsible for handling all complaints alleging bullying or harassment. 

The investigation may include, but is not limited to the following:

  • Interviews with the Complainant and the individual named in the complaint (“Respondent”)
  • A request for the Complainant to provide a written statement regarding the nature of the complaint;
  • A request for the Respondent to provide a written statement;
  • Interviews with witnesses identified during the course of the investigation;
  • A request for witnesses identified during the course of the investigation to provide a written statement; and
  • Review and collection of documentation or information deemed relevant to the investigation.

The Investigator shall consider the totality of circumstances presented in determining whether conduct objectively constitutes bullying or harassment as defined in Board policy.  Upon completion of the investigation, the Investigator shall issue a report with respect to the findings, and provide a copy of the report to the appropriate building principal or Superintendent if the investigation involved the building principal

The complaint and identity of the Complainant, Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy.  Similarly, evidence uncovered in the investigation shall be kept confidential to the extent reasonably possible.

 

Decision

The investigator, building principal or superintendent, depending on the individuals involved, shall inform the Complainant and the accused about the outcome of the investigation.  If, after an investigation, a student is found to be in violation of the policy, the student shall be disciplined by appropriate measures, which may include suspension and expulsion.  If after an investigation a school employee is found to be in violation of this policy, the employee shall be disciplined by appropriate measures, which may include termination.  If after an investigation a school volunteer is found to be in violation of this policy, the volunteer shall be subject to appropriate measures, which may include exclusion from school grounds.

Individuals who knowingly file false bullying and/or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures, as shall any person who is found to have retaliated against another in violation of this policy.  Any student found to have retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion.  Any school employee found to have retaliated in violation of this policy shall be subject

to measures up to, and including, termination of employment.  Any school volunteer found to have retaliated in violation of this policy shall be subject to measures up to, and including, exclusion from school grounds. 

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:25

105 - Assistance Animals

105 - Assistance Animals

It is the policy of Maquoketa Valley Community School District to foster an equal education environment for all students, employees and community members within the district.  The purpose of this policy is to provide guidance to the district on the proper use of assistance animals while on district property.  The district shall allow the use of qualified service animals and assistive animals to accompany individuals with disabilities in all areas of district buildings where the public is normally allowed to go.  This can include classrooms, cafeteria and school buses.  Individuals with disabilities are people who have a physical or mental impairment that substantially limits one or more major life activities.  Service animals are dogs and in some instances miniature horses trained to do work or perform tasks for individuals with disabilities.  Assistive animals are simians or any other animal specially trained or in the process of being trained to assist a person with a disability. 

 

Service animals and assistive animals must be current on all required vaccinations.  Service animals and assistive animals also must be under control while on district grounds.  The animal may be under control by either the individual with a disability, or a handler of the service or assistive animal.  Under control means harnessed, leashed or tethered, unless these devices interfere with the animal’s work, in which case under voice or other directive control.

 

Miniature Horses as Service Animals

Miniature horses shall be allowed as service animals within the district whenever it is reasonable to allow them.  Factors to consider when determining reasonableness include:  whether the miniature horse is house broken; whether the miniature horse is under the owner’s control; whether the facility can accommodate the miniature horse’s type, size and weight; and whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

 

Establishing the Need for a Service Animal

When no prior notice is given to the district of the use of a service or assistive animal, the Superintendent and/or school administrators are permitted to ask the following questions: 

“Do you need/require this animal because of a disability?”

If the animal’s trained tasks are not readily apparent, the administrator may ask: 

“What work or task has the animal been trained to perform?”

 

Service and Assistive Animals in training

Assuming the handler and animal are otherwise allowed, individuals who train service and/or assistive animals will also be allowed access with their service animal in training to public areas of district buildings and property.  The service or assistive animal in training is expected to abide by the same requirements as a service or assistive animal.

 

Exclusion of Service and Assistive Animals

In certain limited circumstances, it may be reasonable to exclude the use of a service or assistive animal from district property.  The Superintendent is permitted to exclude service and assistive animals from district buildings and property in the following circumstances:  The presence of the animal poses a direct threat to the health and safety of others; the owner or handler is unable to control the animal; the animal is not house broken; the presence of the animal significantly disrupts or interferes with the educational process; or the presence of the animal would require a fundamental alteration to the program.  If a service animal is properly excluded from district property, the district shall provide the student served by the animal the opportunity to participate in the program, service or activity without having the service animal on district property. 

 

 

Legal References:  29 U.S.C. §794
  
                                        42 U.S.C. §12132
  
                                        28 C.F.R. 35
 
                                         Iowa Code §216C

Cross References:  606.3    Animals in the Classroom

 

NOTE:  The use of service and assistive animals is a civil right established by federal and state laws. However, the use of emotional support and therapy animals does not necessarily have the same legal protections.

 

Approved     1/2020                   
Reviewed   11/21/22                            
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:26

106 - Discrimination and Harassment Based on Sex Prohibited

106 - Discrimination and Harassment Based on Sex Prohibited

In accordance with Title IX of the Education Amendments Act of 1972, the Maquoketa Valley Community School District prohibits sex discrimination, including sexual harassment as defined by the regulations implementing Title IX (34 C.F.R. § 106.30), against any individual participating in any education program or activity of the District.  This prohibition on discrimination applies to students, employees, and applicants for employment. 

The Board authorizes the Superintendent to adopt procedures for any individual to report sexual harassment to the District’s Title IX Coordinator, for the provision of supportive measures to anyone who has been subjected to sexual harassment whether or not they proceed with a formal complaint under those procedures, and for the investigation and resolution of such complaints, as required by Title IX.  This Title IX grievance process shall be used to respond to all complaints of sexual harassment that fall within the scope of Title IX.  For complaints of sexual harassment that do not fall within the scope of Title IX, the District may still offer supportive measures to the subject of such conduct and shall apply any other policy or procedure applicable to the alleged conduct.

Any individual with questions about the District’s Title IX policy and procedures, or who would like to make a report or file a formal complaint of sex discrimination or sexual harassment may contact the District’s designated Title Coordinator,  Troy Osterhaus, Maquoketa Valley  Community School District, Delhi, Iowa 52223; or by telephoning 563-599-2091.

Retaliation against a person who made a report or complaint of sexual harassment, assisted, or participated in any manner in an investigation or resolution of a sexual harassment report or complaint is strictly prohibited. Retaliation includes threats, coercion, discrimination, intimidation, reprisals, and/or adverse actions related to employment or education.  Any individual who believed they have been retaliated against in violation of this Policy should immediately contact the District’s Title IX Coordinator.

 

 

Legal References:  20 U.S.C. § 1681 et seq.
                                          
34 C.F.R. § 106 et seq.

Approved     1/2020                               
Reviewed 11/21/22______           
Revised ____________

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:29

200 - BOARD OF DIRECTORS

200 - BOARD OF DIRECTORS Jen@iowaschool… Mon, 10/02/2023 - 09:58

200 - Legal Status of the Board of Directors

200 - Legal Status of the Board of Directors dawn.gibson.cm… Fri, 10/27/2023 - 16:22

200.01 - Organization of the Board of Directors

200.01 - Organization of the Board of Directors

The Maquoketa Valley Community School District board is authorized by and derives its organization from Iowa law.  The board will consist of 5 board members.  Board members are elected at-large.

The board is organized for the purpose of setting policy and providing general direction for the school district.  The board will hold its organizational meeting at the first regular meeting following the canvass of votes.  The retiring board will transfer materials, including the board policy manual, and responsibility to the new board.

The organizational meeting allows the outgoing board to approve minutes of its previous meetings, complete unfinished business and review the school election results.  The retiring board will adjourn and the new board will then begin.  The board secretary will administer the oath of office to the newly-elected board members.  The Superintendent will preside while the new board elects the president and vice-president of the new board.

 

 

Legal Reference:  Iowa Code §§ 274.2; 275.23A; 277.23, .28, .31; 279.1, .5, .7, .8, .33.
 
                                      281 I.A.C. 12.3(2).

Cross Reference:   202                                    Board of Directors Members
 
                             206.1                                  President
 
                             206.2                                  Vice-President
 
                             210                                     Board of Directors' Meetings

Approved    2/2020          
Reviewed    
2/19/24                                                                
Revised       2/19/24         

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:23

200.01R1 - Organizational Meeting Procedures

200.01R1 - Organizational Meeting Procedures

The board will hold its organizational meeting in odd-numbered years at or before the first regular meeting following the canvass of votes.  Notice of the meeting's place and time will be given by the board secretary to each member, member-elect and the public.

The purpose of the meeting is to transfer material and responsibility from the outgoing board to the new board.  At the meeting, the board will elect a president and a vice president who will hold office for one year.  Once elected, the president and vice president will be entitled to vote on all matters before the board.

 

Meeting Procedure

The organizational meeting of the board will be held in two parts:  the final meeting of the outgoing board and the organizational meeting of the new board.

 

1.     Final Meeting of the Retiring Board

        (1)      Call to order.

        (2)      Roll call.

        (3)      Approval of minutes of previous meeting(s).

        (4)      Visitors.

        (5)      Unfinished business.

                  (a)  Current claims and accounts (for the retiring board to authorize).

        (6)      Examine and settle the books for the previous year.

        (7)      Review of election results.  The board secretary will present the county auditor's official report on the latest elections.  Official results are recorded in the minutes.

        (8)      Adjournment of the retiring board.

 

2.     Organizational Meeting of the New Board

        (1)      The Superintendent as president pro-tem, will preside over the meeting until a new board president is elected.

        (2)      Call to order.

        (3)      Roll call.

        (4)      Oath of office.  The board secretary will administer the oath to new members.

        (5)      Election of a president of the board.  The president pro-tem calls for nominations; nominations need not be seconded.  The board will then vote on the nominations.  The secretary will announce the result of the vote, and the board secretary will administer the oath of office to the newly elected president and the newly elected president will assume the chair.

        (6)      Election of the vice-president.  The president of the board will call for nominations; the nominations need not be seconded.  The board will then vote on the nominations.  The president will announce the results and administer the oath of office to the vice-president.

Other items of business at the organizational meeting may include:

        (7)      Board resolution of appreciation recognizing the public service rendered by retiring board members.

        (8)      Determination of dates, times, and places for regular meetings of the board.

        (9)      Board resolution to define the operating rules and practices that will be followed by the new board.

        (10)    Board resolution to authorize the interim payment of bills pursuant to policy 705.3.

        (11)    Visitors.

        (12)    Superintendent's report.

        (13)    Adjournment.

       

dawn.gibson.cm… Fri, 10/27/2023 - 16:23

200.02 - Powers of the Board of Directors

200.02 - Powers of the Board of Directors

The board, acting on behalf of the school district, will have jurisdiction over school matters within the territory of the school district.

The board is empowered to make policy for its own governance, for employees, for students and for school district facilities.  The board is also empowered to enforce its policies.  The board may, through its quasi-judicial power, conduct hearings and rule on issues and disputes confronting the school district.

The board has these powers and all other powers expressly granted to it in federal and state law as well as the powers that can be reasonably implied from the express powers.

 

 

Legal Reference:  Board of Directors of Ind. School Dist. of Waterloo v. Green, 259 Iowa 1260, 147 N.W.2d 854 (1967).
 
                                      Iowa Code §§ 28E; 274.1-.2; 279.8.
 
                                      281 I.A.C. 12.1(2).

Cross Reference:  209                                      Board of Directors' Management Procedures

Approved     2/2020                               
Reviewed      2/19/24                                                               
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:24

200.03 - Responsibilities of the Board of Directors

200.03 - Responsibilities of the Board of Directors

The board is authorized to govern the school district which it oversees.  The board is entrusted with public funds and is responsible for overseeing the improvement of student outcomes, including student academic achievement and skill proficiency. As the governing board of the school district, the board has three duties to perform:  legislative duty, executive duty and evaluative duty.

As a representative of the citizens of the school district community, the board is responsible for legislating policy for the school district.  As a policy making body, the board has jurisdiction to enact policy with the force and effect of law for the management and operation of the school district.

It is the responsibility of the board, under the board's executive duty, to select its chief executive officer, the superintendent, to operate the school district on the board's behalf.  The board delegates to the superintendent its authority to carry out board policy, to formulate and carry out rules and regulations and to handle the administrative details in a manner which supports and is consistent with board policy.

The board has a responsibility to review the education program's performance under its evaluative duty.  The board regularly reviews the education program and ancillary services.  The review includes a careful study and examination of the facts, conditions and circumstances surrounding the amount of funds received or expended and the education program's ability to achieve the board's educational philosophy and goals for the school district.

The board fulfills its quasi-judicial duties in serving as a neutral arbiter for hearings related to student suspension or expulsion proceedings and certain employment termination hearings and appeals.  This important power was granted by the Iowa legislature and cannot be delegated.  To preserve the board’s neutrality to hear and decide upon these matters, the board does not investigate or become involved in student disciplinary matters or employment matters that may come before it and would require the board to serve in its quasi-judicial role.  

 

 

Legal Reference:  Iowa Code §§ 274.1; 279.1, .8, .20; 280.12.
 
                                      281 I.A.C. 12.3(2).

Cross Reference:  101                                      Educational Philosophy of the School District
 
                                      103                                      Long-Range Needs Assessment
 
                                      209                                      Board of Directors' Management Procedures
 
                                      600                                      Goals and Objectives of the Education Program

Approved     2/2020                               
Reviewed     2/19/24                                                                          
Revised       2/19/24            

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:25

201 - Board of Directors' Elections

201 - Board of Directors' Elections

The school election takes place on the first Tuesday after the first Monday in November of odd-numbered years.  Each school election is used to elect citizens to the board to maintain a 5 member board and to address questions that are submitted to the voters.

Citizens of the school district community seeking a seat on the board must file their nomination papers with the board secretary, or the board secretary's designee, in accordance with the timelines established by law.

If a vacancy occurs on the board it shall be filled in accordance with law and board policy. 

It is the responsibility of the county commissioner of elections to conduct school elections.

 

 

Legal Reference:  Iowa Code §§ 39; 45; 63; 69; 274.7; 277; 278.1; 279.7.

Cross Reference:  202                                      Board of Directors Members
 
                                      202.3                                  Term of Office
 
                                      202.4                                  Vacancies
 
                                      203                                      Board of Directors' Conflict of Interest

Approved     2/2020                               
Reviewed       2/19/24                                                                        
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:26

202 - Board of Directors Members

202 - Board of Directors Members dawn.gibson.cm… Fri, 10/27/2023 - 16:27

202.01 - Qualifications

202.01 - Qualifications

Serving on the board of directors is an honor and privilege.  Its rewards are respect from the community, students, and employees and the satisfaction from knowing each board member contributed to the success of the children in the school district community.  Only those who are willing to put forth the effort to care and to make a difference should consider running for a position on the board.

Individuals who are willing to serve on the board should believe public education is important, support the democratic process, willingly devote time and energy to board work, respect educators and have the ability to examine the facts and make a decision.  The board believes an individual considering a position on the school board should possess these characteristics.

Citizens wanting to run for a position on the board must be a citizen of the school district, an eligible elector of the district and free from a financial conflict of interest with the position.

 

 

Legal Reference:  Iowa Code §§ 63; 68B; 277.4, .27; 279.7A.

Cross Reference:  201                                      Board of Directors' Elections
 
                                      202.4                                  Vacancies
 
                                      203                                      Board of Directors' Conflict of Interest

Approved     2/2020                   
Reviewed     2/19/24                                                              
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:27

202.02 - Oath of Office

202.02 - Oath of Office

Board members are officials of the state.  As a public official, each board member must pledge to uphold the Iowa and the United States Constitution and carry out the responsibilities of the office to the best of the board member's ability.

Each newly-elected board member will take the oath of office prior to any action taken as a school official.  The oath of office is taken by each new board member elected at the school election at or before the organizational meeting of the board.  In the event of an appointment or special election to fill a vacancy, the new board member will take the oath of office within ten days of the appointment or election.

Board members elected to offices of the board will also take the same oath of office but replacing the office of board member with the title of the office to which they were elected.

The oath of office is administered by the board secretary and does not need to be given at a board meeting.  In the event the board secretary is absent, the oath is administered by another board member.

"Do you solemnly swear that you will support the Constitution of the United States and the Constitution of the state of Iowa, and that you will faithfully and impartially to the best of your ability discharge the duties of the office of                                (naming the office) in the Maquoketa Valley Community School District  as now and hereafter required by law?"

 

 

Legal Reference:  Iowa Code §§ 277.28; 279.1, .6.

Cross Reference:  200.1    Organization of the Board of Directors
 
                                       201       Board of Directors' Elections
 
                                       202       Board of Directors Members
 
                                       204       Code of Ethics
 
                                       206       Board of Directors' Officers

Approved     2/2020                   
Reviewed     2/19/24                          
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:28

202.03 - Term of Office

202.03 - Term of Office

Board members elected for a full term at a regularly scheduled school election in November, of odd-numbered years, serve for four years.  Board members appointed to fill a vacant position will serve until a successor is elected and qualified at the next regular school election, unless there is an intervening special election for the school district, in which event a successor shall be elected at the intervening special election.  A board member elected to fill a vacancy will serve out the unexpired term.

Being a board member is a unique opportunity for a citizen to participate on a governing board of the school district.  Eligible board members are encouraged to consider running for more than one term.

 

 

Legal Reference:  Iowa Code §§ 69.12; 274.7; 279.6; 279.7

Cross Reference:  201                                      Board of Directors' Elections
 
                                      202                                      Board of Directors Members
 
                                      202.4                                  Vacancies

Approved     2/2020                               
Reviewed      2/19/24                                                                         
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:29

202.04 - Vacancies

202.04 - Vacancies

A vacancy occurs as provided by law, which includes but is not limited to when a board member dies, resigns or leaves office, or fails to reside in the school district or director district.

If a vacancy occurs prior to the expiration of a term of office, the vacancy will be filled by board appointment within 30 days of the vacancy.  The board shall publish notice stating that the board intends to fill the vacancy by appointment, but the electors of the school district have the right to file a petition within 14 days of the publication of the notice requiring the vacancy be filled by a special election.

A person appointed to fill a vacancy shall hold office until a successor is elected and qualified at the next regular school election, unless there is an intervening special election for the school district, in which event a successor shall be elected at the intervening special election.

If the board is unable to fill a vacancy by appointment within 30 days after the vacancy occurs or if a valid petition is submitted, the board secretary will call a special election to be held no sooner than 60 days and not later than 70 days after the vacancy occurred.  A board member elected at the special election will serve the remaining portion of the unexpired term.

 

 

Legal Reference:  Iowa Code §§ 69; 277.29; 279.
 
                                      Good v. Crouch, 397 N.W.2d 757 (Iowa 1986).
   
                                    Board of Directors of Grimes Independent School Dist. v. County Board of Public Instruction of Polk Co., 257 Iowa 106, 131 N.W.2d 802 (1965).
   
                                    Board of Directors of Menlo Consol. School Dist. v. Blakesburg, 240 Iowa 910, 36 N.W.2d 751 (1949).

Cross Reference:  201                                      Board of Directors' Elections
 
                                      202                                      Board of Directors Members
 
                                      202.3                                  Term of Office

Approved     2/2020                               
Reviewed    2/19/24                                                                           
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:30

203 - Board of Directors' Conflict of Interest

203 - Board of Directors' Conflict of Interest

Board members must be able to make decisions objectively.  It is a conflict of interest for a board member to receive direct compensation from the school district, unless exempted in law or policy, for anything other than reimbursement of actual and necessary expenses, including travel, incurred in the performance of official duties.  A board member will not act as an agent for school textbooks or school supplies including sports apparel or equipment, in any transaction with a director, officer, or other staff member of the school district during the board member’s term of office.  It will not be a conflict of interest for board members to receive compensation from the school district for contracts for the purchase  of goods or services which benefits a board member, or to compensation for part-time or temporary employment which benefits a board member, if the benefit to the board member does not exceed $20,000in a fiscal year or if the contracts are made by the board, upon competitive bid in writing, publicly invited and opened.

The conflict of interest provisions do not apply to a contract that is a bond, note or other obligation of a school corporation if the contract is not acquired directly from the school corporation, but is acquired in a transaction with a third party, who may or may not be the original underwriter, purchaser, or obligee of the contract, or to a contract in which a director has an interest solely by reason of employment if the contract was made by competitive bid, in writing, publicly invited and opened, or if the remuneration for employment will not be directly affected as a result of the contract and duties of employment do not involve any of the preparation or procurement of any part of the contract.  The competitive bid section of the conflict of interest provision does not apply to a contract for professional services not customarily awarded by competitive bid.

It will also be a conflict of interest for a board member to engage in any outside employment or activity which is in conflict with the board member’s official duties and responsibilities.  In determining whether outside employment or activity of a board member creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist includes, but are not 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 badge, uniform, business card or other evidence of office to give the board member or member of the board member’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 a board member.

(2)     The outside employment or activity involves the receipt of, promise of, or acceptance of money  or other consideration by the board member or a member of the board member’s immediate family from anyone other than the state or the school district for the performance of any act that the board member would be required or expected to perform as part of the board member’s regular duties or during the hours in which the board member 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 board member, during the performance of the board member’s duties of office or employment.

If the outside employment or activity is employment or activity in (1) or (2) above, the board member must cease the employment of or activity.  If the activity or employment falls under (3), then the board member 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, determining the facts or law in a contested case or rulemaking proceeding, conducting any inspection, 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, board members 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 board member, board member’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 board member to be aware of and take the action necessary to eliminate a potential conflict of interest should it arise.

 

 

Legal Reference:  22 C.F.R. § 518.42.
                                      
Iowa Code §§ 68B; 71.1; 277.27; 279.7A; 301.28.

Cross Reference:  201       Board of Directors’ Elections
   
                                    202.1    Qualifications
 
                                      204       Code of Ethics
 
                                      216.3    Board of Directors’ Member Compensation and Expenses
 
                                      217       Gifts to Board of Directors
   
                                    401.3    Nepotism

Approved    7/18/22                   
Reviewed   2/19/24                                
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:31

204 - Code of Ethics

204 - Code of Ethics

Board members' actions, verbal and nonverbal, reflect the attitude and the beliefs of the school district.  Therefore, board members must conduct themselves professionally and in a manner fitting to their position.

Each board member shall follow the code of ethics stated in this policy.

 

AS A SCHOOL BOARD MEMBER:

  1. I will listen.
  2. I will respect the opinion of others.
  3. I will recognize the integrity of my predecessors and associates and the merit of their work.
  4. I will be motivated only by an earnest desire to serve my school district and the children of my school district community in the best possible way.
  5. I will not use the school district or any part of the school district program for my own personal advantage or for the advantage of my friends or supporters.
  6. I will vote for a closed session of the board if the situation requires it, but I will consider "star chamber" or "secret" sessions of board members unethical.
  7. I will recognize that to promise in advance of a meeting how I will vote on any proposition which is to be considered is to close my mind and agree not to think through other facts and points of view which may be presented in the meeting.
  8. I will expect, in board meetings, to spend more time on education programs and procedures than on business details.
  9. I will recognize that authority rests with the board in legal session and not with individual members of the board, except as authorized by law.
  10. I will make no disparaging remarks, in or out of the board meeting, about other members of the board or their opinions.
  11. I will express my honest and most thoughtful opinions frankly in board meetings in an effort to have decisions made for the best interests of the children and the education program.
  12. I will insist that the members of the board participate fully in board action and recommend that when special committees are appointed, they serve only in an investigative and advisory capacity.
  13.    I will abide by majority decisions of the board.
  14.    I will carefully consider petitions, resolutions and complaints and will act in the best interests of the school district.
  15.    I will not discuss the confidential business of the board in my home, on the street or in my office; the place for such discussion is the board meeting.
  16.    I will endeavor to keep informed on local, state and national educational developments of significance so I may become a better board member.

 

IN MEETING MY RESPONSIBILITY TO MY SCHOOL DISTRICT COMMUNITY

  1.    I will consider myself a trustee of public education and will do my best to protect it, conserve it, and advance it, giving to the children of my school district community the educational facilities that are as complete and adequate as it is possible to provide.
  2.    I will consider it an important responsibility of the board to interpret the aims, methods and attitudes of the school district to the community.
  3.    I will earnestly try to interpret the needs and attitudes of the school district community and do my best to translate them into the education program of the school district.
  4.    I will attempt to procure adequate financial support for the school district.
  5.    I will represent the entire school district rather than individual electors, patrons or groups.
  6.    I will not regard the school district facilities as my own private property but as the property of the people.

 

IN MY RELATIONSHIP WITH SUPERINTENDENT AND EMPLOYEES

  1.    I will function, in meeting the legal responsibility that is mine, as a part of a legislative, evaluative, policy-forming body, not as an administrative officer.
  2.    I will recognize that it is my responsibility, together with that of my fellow board members, to see the school district is properly run and not to run them myself.
  3.    I will expect the school district to be administered by the best-trained technical and professional people it is possible to procure within the financial resources of the school district.
  4.    I will recognize the superintendent as executive officer of the board.
  5. I will work through the administrative employees of the board, not over or around them.
  6.    I will expect the superintendent to keep the board adequately informed through oral and written reports.
  7.    I will vote to employ employees only after the recommendation of the superintendent has been received.
  8. I will insist that contracts be equally binding on teachers and the board.
  9.    I will give the superintendent power commensurate with the superintendent's responsibility and will not in any way interfere with, or seek to undermine, the superintendent's authority.
  10.    I will give the superintendent friendly counsel and advice.
  11.    I will present any personal criticism of employees to the superintendent.
  12. I will refer complaints to the proper administrative officer.

 

TO COOPERATE WITH OTHER SCHOOL BOARDS

  1.    I will not employ a superintendent, principal or teacher who is already under contract with another school district without first securing assurance from the proper authority that the person can be released from contract.
  2.    I will consider it unethical to pursue any procedure calculated to embarrass a neighboring board or its representatives.
  3.    I will associate myself with board members of other school districts for the purpose of discussing school district issues and cooperating in the improvement of the education program.

 

 

Legal Reference:  Iowa Code §§ 21.6(3)(d); 68B; 69; 277.28; 279.7A, 279.8, 301.28.

Cross Reference:  202               Board of Directors Members
                                       203               Board of Directors' Conflict of Interest

Approved     2/2020                               
Reviewed      2/19/24                                                                         
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:33

205 - Board Member Liability

205 - Board Member Liability

Board members will not be held personally liable for actions taken in the performance of their duties and responsibilities vested in them by the laws of Iowa and the members of the school district community.  In carrying out the duties and responsibilities of their office, board members will act in good faith.

The school district will defend, save harmless and indemnify board members against tort claims or demands, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of their official duties, unless the act constitutes a willful or wanton act or omission.  The school district, however, cannot save harmless or indemnify board members for punitive damages.

 

 

Legal Reference:  Wood v. Strickland, 420 U.S. 308 (1975).
 
                                      42 U.S.C. §§ 1983,1985 (2012).
                                       
Iowa Code ch. 670.

Cross Reference:  709   Insurance Program

Approved     2/2020                   
Reviewed       2/19/24                        
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:34

206 - Board of Directors Officers

206 - Board of Directors Officers dawn.gibson.cm… Fri, 10/27/2023 - 16:35

206.01 - President

206.01 - President

It is the responsibility of the board president to lead a well-organized board in an efficient and effective manner.  The board president will set the tone of the board meetings and, as the representative of the consensus of the board, speak on behalf of the board to the public.

The president of the board is elected to serve a one-year term by a majority vote at the organizational meeting in odd-numbered years, or, in even-numbered years, at  a regular meeting held between twelve to thirteen months after the most recent organizational meeting.

The president, in addition to presiding at the board meetings, will take an active role in board decisions by discussing and voting on each motion before the board in the same manner as other board members.  Before making or seconding a motion, the board president will turn over control of the meeting to either the vice-president or other board member.

The board president has the authority to call special meetings of the board.  Prior to board meetings, the board president will consult with the superintendent on the development of the agenda for the meeting.

The board president, as the chief officer of the school district, will sign employment contracts and sign other contracts and school district warrants approved by the board and appear on behalf of the school corporation in causes of action involving the school district.

 

 

Legal Reference:  Iowa Code §§ 279.1-.2; 291.1.

Cross Reference:  200.1                                      Organization of the Board of Directors
 
                                      202.2                                      Oath of Office
 
                                      206.2                                      Vice-President

Approved     2/2020                   
Reviewed      2/19/24                         
Revised       2/19/24            

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:35

206.02 - Vice-President

206.02 - Vice-President

The vice-president of the board is elected by a majority vote at the organizational meeting of in odd-numbered years, or, in even-numbered years, at a regular meeting held between twelve to thirteen months after the most recent organizational meeting, to serve a one-year term of office.

By this election, if the board president is unable or unwilling to carry out the duties required, it is the responsibility of the Vice-President of the board to carry out the duties of the president.  If the president is unable or unwilling to complete the term of office, the vice-president will serve as president for the balance of the president's term of office, and a new vice-president will be elected.

The vice-president will accept control of the meeting from the president when the president wishes to make or second a motion.  The vice-president will take an active role in board decisions by discussing and voting on matters before the board in the same manner as other board members.

 

 

Legal Reference:  Iowa Code § 279.5

Cross Reference:  200.1                                      Organization of the Board of Directors
 
                                      202.2                                      Oath of Office
 
                                      206.1                                      President

Approved     2/2020                   
Reviewed        2/19/24                       
Revised       2/19/24            

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:36

206.03 - Secretary-Treasurer

206.03 - Secretary-Treasurer

A board secretary-treasurer may be appointed from employees, other than a position requiring a teaching certificate, or from the public.  To finalize the appointment, the board secretary-treasurer will take the oath of office during the meeting at which the individual was appointed or no later than ten days thereafter.

It is the responsibility of the board secretary-treasurer, as custodian of school district records, to preserve and maintain the records and documents pertaining to the business of the board; to keep complete minutes of special and regular board meetings, including closed sessions; to keep a record of the results of regular and special elections; to keep an accurate account of school funds; to sign warrants drawn on the school funds after board approval; and collect data on truant students.  The board secretary-treasurer will also be responsible for filing the required reports with the Iowa Department of Education.

In the event the board secretary-treasurer is unable to fulfill the responsibilities set out by the board and the law, the Superintendent/Superintendent Designee will assume those duties until the board secretary-treasurer is able to resume the responsibility or a new board secretary-treasurer is appointed.  The board secretary-treasurer will give bond or be covered by an insurance policy in an amount set by the board.  The cost of the bond or insurance policy will be paid by the school district.
 

 

Legal Reference:     Iowa Code §§ 12B.10; 12C; 64; 279.3, .5, .7, .31-.33, .35; 291.2-.4, .6-.12, .14; 299.10.
                                281 I.A.C. 12.3(1).

Cross Reference:    202.2       Oath of Office
                                210.1      Annual Meeting
                                215         Board of Directors' Records
                                501.10    Truancy - Unexcused Absences
                                704.3      Investments
                                707         Fiscal Reports
                                708         Care, Maintenance and Disposal of School District Records

 

Approved        2/2020             
Reviewed        7/15/24             
Revised          7/15/24             

dawn.gibson.cm… Fri, 10/27/2023 - 16:36

206.04 - Treasurer

206.04 - Treasurer

It is the responsibility of the board to appoint a treasurer.  The board may appoint a treasurer from its employees, other than a position requiring a teaching certificate, or from the public.  To finalize the appointment, the treasurer will take the oath of office during the meeting at which the individual was appointed or no later than ten days thereafter.

It is the responsibility of the treasurer to oversee the investment portfolio, to receive funds of the school district, to pay out the funds for expenses approved by the board, to maintain accurate accounting records for each fund, to report monthly regarding the investment portfolio and the status of each fund and to file required reports with the appropriate state agencies and other entities.

If the treasurer is unable or unwilling to carry out the duties required, it is the responsibility of the Superintendent/Superintendent Designee to carry out the duties of the treasurer.

The treasurer will give bond or be covered by an insurance policy in an amount set by the board.  The cost of the bond or insurance policy will be paid by the school district.

 

Legal Reference:     Iowa Code §§ 12B.10; 12C; 279.3, .31-.33; 291.2-.4, .8, .11, 12, 14.
                                281 I.A.C. 12.3(1).    

Cross Reference:    202.2    Oath of Office
                                206.3    Secretary
                                210.1    Annual Meeting
                                215       Board of Directors' Records
                                704.3    Investments
                                707       Fiscal Reports

Approved     2/2020                                 
Reviewed     7/15/2024                                                                             
Revised        7/15/2024         

dawn.gibson.cm… Fri, 10/27/2023 - 16:38

207 - Board of Directors' Legal Counsel

207 - Board of Directors' Legal Counsel

It is the responsibility of the board to employ legal counsel to assist the board and the administration in carrying out their duties with respect to the numerous legal issues confronting the school district.  The board may appoint legal counsel at its annual meeting.

The superintendent and board secretary will have the authority to contact the board's legal counsel on behalf of the board when the superintendent or board secretary believes it is necessary for the management of the school district.  The board president may contact and seek advice from the school board's legal counsel.  The board's legal counsel will attend both regular and special school board meetings upon the request of the board or the superintendent.  Board members may contact legal counsel upon approval of a majority of the board.  It is the responsibility of each board member to pay the legal fees, if any, of an attorney the board member consulted regarding matters of the school district unless the board has authorized the board member to consult an attorney on the matter.

It is the responsibility of the superintendent to keep the board informed of matters for which legal counsel was consulted, particularly if the legal services will involve unusual expense for the school district.

 

 

Legal Reference:  Bishop v. Iowa State Board of Public Instruction, 395 N.W.2d 888 (Iowa 1986).
                                        Iowa Code § 279.37.

Cross Reference:  200  Legal Status of the Board of Directors

Approved     2/2020                               
Reviewed        2/19/24                                                                       
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:39

208 - Ad Hoc Committees

208 - Ad Hoc Committees

Whenever the board deems it necessary, the board may appoint a committee composed of citizens, employees or students to assist the board.  Committees formed by the board are ad hoc committees.

An ad hoc committee may be formed by board resolution which will outline the duties and purpose of the committee.  The committee is advisory in nature and has no duty or responsibility other than that specifically stated in the board resolution.  The committee will automatically dissolve upon the delivery of its final recommendation to the board or upon completion of the duties outlined in the board resolution.  The board will receive the report of the committee for consideration.  The board retains the authority to make a final decision on the issue.  The committee may be subject to the open meetings law.

The method for selection of committee members will be stated in the board resolution.  When possible, and when the necessary expertise required allows, the committee members will be representative of the school district community and will consider the various viewpoints on the issue.  The board may designate a board member and the superintendent to serve on an ad hoc committee.  The committee will select its own chairperson, unless the board designates otherwise.

 

 

Legal Reference:  Iowa Code §§ 21; 279.8; 280.12(2).
 
                                      281 I.A.C. 12.3(3), .3(8); .5(8).

Cross Reference:  103                                      Long-Range Needs Assessment
 
                                      211                                      Open Meetings
 
                                      212                                      Closed Sessions
 
                                      215                                      Board of Directors' Records
 
                                      605.1                                  Instructional Materials Selection
 
                                      900                                      Principles and Objectives for Community Relations

Approved     2/2020                   
Reviewed      2/19/24                         
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:40

208.01E1 - Ad Hoc Committees Exhibit

208.01E1 - Ad Hoc Committees Exhibit

Ad Hoc Committee Purpose and Function

The specific purpose of each ad hoc committee varies.  Generally, the primary function of an ad hoc committee is to give specific advice and suggestions.  The advice and suggestions should focus on the purpose and duties stated in the board resolution establishing the committee.  It is the board's role to take action based on information received from the ad hoc committee and other sources.  Ad hoc committees may be subject to the open meetings law.

 

Role of an Ad Hoc Committee Member

The primary role of an ad hoc committee member is to be a productive, positive member of the committee.  In doing so, it is important to listen to and respect the opinions of others.  When the ad hoc committee makes a recommendation to the board, it is important for the ad hoc committee members to support the majority decision of the ad hoc committee.  An ad hoc committee will function best when its members work within the committee framework and bring items of business to the ad hoc committee.

 

Ad Hoc Committee Membership

Ad hoc committee members may be appointed by the board.  The board may request input from individuals or organizations, or it may seek volunteers to serve.  Only the board or superintendent has the authority to appoint members to an ad hoc committee.  Boards must follow the legal limitations or requirements regarding the membership of an ad hoc committee.

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:40

209 - Board of Directors' Management Procedures

209 - Board of Directors' Management Procedures dawn.gibson.cm… Fri, 10/27/2023 - 16:41

209.01 - Development of Policy

209.01 - Development of Policy

The board has jurisdiction to legislate policy for the school district with the force and effect of law.  Board policy provides the general direction as to what the board wishes to accomplish and why it wishes to accomplish it while allowing the superintendent to implement board policy.

The written policy statements contained in this manual provide guidelines and goals to the citizens, administration, employees and students in the school district community.  The policy statements are the basis for the formulation of regulations by the administration.  The board will determine the effectiveness of the policy statements by evaluating periodic reports from the administration.

Policy statements may be proposed by a board member, administrator, employee, student or member of the school district community.  Proposed policy statements or ideas will be submitted to the superintendent's office for possible placement on the board agenda.  It is the responsibility of the superintendent to bring these proposals to the attention of the board.

 

 

Legal Reference:  Iowa Code §§ 274.1-.2; 279.8.
 
                                      281 I.A.C. 12.3(2).

Cross Reference:  101                                      Educational Philosophy of the School District
 
                                      200.2                                  Powers of the Board of Directors
 
                                      200.3                                  Responsibilities of the Board of Directors
 
                                      209                                      Board of Directors' Management Procedures

Approved     2/2020                               
Reviewed    2/19/24                                                                           
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:41

209.02 - Adoption of Policy

209.02 - Adoption of Policy

The board will give notice of adoption of new policies by placing the item on the agenda of a regular board meeting.  

The final action taken to adopt the proposed policy will be approved by a simple majority vote of the board.

 

 

Legal Reference:  Iowa Code § 279.8.
 
                                      281 I.A.C. 12.3(2).

Cross Reference:  200.2                                  Powers of the Board of Directors
 
                                      200.3                                  Responsibilities of the Board of Directors
 
                                      209                                      Board of Directors' Management Procedures

Approved     2/2020                               
Reviewed      
2/19/24                                                                         
Revised      2/19/24             

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:42

209.03 - Dissemination of Policy

209.03 - Dissemination of Policy

The board policy manual is available electronically.  Persons unable to access the policy manual electronically should contact the board secretary for assistance.

Copies of changes in board policy will also be included in or attached to the minutes of the meetings in which the final action was taken to adopt the new or changed policy.

 

 

Legal Reference:  Iowa Code §§ 277.31; 279.8.
 
                                      281 I.A.C. 12.3(2).

Cross Reference:  200.3                                  Responsibilities of the Board of Directors
 
                                      209                                      Board of Directors' Management Procedures

Approved     2/2020                               
Reviewed     2/19/24                                                                          
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:45

209.04 - Suspension of Policy

209.04 - Suspension of Policy

Generally, the board will follow board policy and enforce it equitably.  The board, and only the board, may, in extreme emergencies of a very unique nature, suspend policy.  It is within the discretion of the board to determine when an extreme emergency of a very unique nature exists.  Reasons for suspension of board policy will be documented in board minutes.

 

 

Legal Reference:  Iowa Code § 279.8
 
                                      281 I.A.C. 12.3(2).

Cross Reference:  200.3                                  Responsibilities of the Board of Directors
                                       209                                      Board of Directors' Management Procedures

Approved     2/2020                               
Reviewed     2/19/24                                                                          
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:46

209.05 - Administration in the Absence of Policy

209.05 - Administration in the Absence of Policy

When there is no board policy in existence to provide guidance on a matter, the superintendent is authorized to act appropriately under the circumstances surrounding the situation keeping in mind the educational philosophy and financial condition of the school district.

It is the responsibility of the superintendent to inform the board of the situation and the action taken and to document the action taken.  If needed, the superintendent will draft a proposed policy for the board to consider.

 

 

Legal Reference:  Iowa Code § 279.8
 
                                      281 I.A.C. 12.3(2).

Cross Reference:  200.3                                  Responsibilities of the Board of Directors
 
                                      209                                      Board of Directors' Management Procedures
 
                                      302.4                                  Superintendent Duties
 
                                      304                                      Policy Implementation
Approved     2/2020                               
Reviewed       2/19/24                                                                        
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:47

209.06 - Review and Revision of Policy

209.06 - Review and Revision of Policy

The board shall, at least once every five years, review board policy.  Once the policy has been reviewed, even if no changes were made, a notation of the date of review is made on the face of the policy statement.

The board will review one-fifth of the policy manual annually according to the following subject areas:

  • Board of Directors (Series 200)
  • Administration, Employees (Series 300 and 400)
  • School District, Education Program (Series 100 and 600)
  • Students (Series 500)
  • Noninstructional Operations and Business Services, Buildings and Sites, School District-Community Relations (Series 700, 800 and 900)

It is the responsibility of the superintendent to keep the board informed as to legal changes at both the federal and state levels.  The superintendent will also be responsible for bringing proposed policy statement revisions to the board's attention.

If a policy is revised because of a legal change over which the board has no control or a change which is minor, the policy may be approved at one meeting at the discretion of the board.

 

 

Legal Reference:  Iowa Code § 279.8
               
                       281 I.A.C. 12.3(2).

Cross Reference:  200.3  Responsibilities of the Board of Directors
                
                       209       Board of Directors' Management Procedures

Approved     2/2020                               
Reviewed      2/19/24                                                                         
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:47

209.07 - Review of Administrative Regulations

209.07 - Review of Administrative Regulations

Board policy sets the direction for the administration of the education program and school district operations.  Some policies require administrative regulations for implementation.

It is the responsibility of the superintendent to develop administrative regulations to implement the board policies.  The regulations, including handbooks, will be approved by the board prior to their use in the school district.

The administrative regulations will be available no later than the first regular board meeting after the adoption of the board policy unless the board directs otherwise.

 

 

Legal Reference:  Iowa Code §§ 279.8, .20.

Cross Reference:  200.3                                  Responsibilities of the Board of Directors
 
                                      209                                      Board of Directors' Management Procedures

Approved     2/2020                   
Reviewed       2/19/24                        
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:49

210 - Board of Directors' Meetings

210 - Board of Directors' Meetings dawn.gibson.cm… Fri, 10/27/2023 - 16:49

210.01 - Annual Meeting

210.01 - Annual Meeting

Each year after August 31 and prior to the organizational meeting of the board in odd-numbered years, the board will hold its annual meeting.

At the annual meeting, the board will examine the financial books and settle the secretary's and treasurer's statements for the fiscal year ending the preceding June 30.  As part of the annual reports, the treasurer will present affidavits from depository banks.  The board may also appoint the board's legal counsel at the annual meeting.

 

 

Legal Reference:  Iowa Code §§ 279.1, .3, .33.

Cross Reference:  206.3 Secretary
 
                                      206.4 Treasurer
 
                                      701.1  Depository of Funds
 
                                      707     Fiscal Reports

Approved     2/2020                                
Reviewed      2/19/24                                       
Revised ____________

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:50

210.02 - Regular Meeting

210.02 - Regular Meeting

The regular meeting time and date will be set by the board at the organizational meeting in odd-numbered years, or at the annual meeting in even-numbered years. 

The regular meetings of the board will be held on the third Monday of each month.  Meetings will begin promptly at  5:30 p.m.  The board will adhere to this meeting date and time unless the board requires additional meetings or, due to circumstances beyond the board's control, the meeting cannot be held on the regular meeting date, and the meeting will be rescheduled in accordance with law and policy.  Public notice of the meetings will be given.

 

 

Legal Reference:  Iowa Code §§ 21.3, .4; 279.1

Cross Reference:  200.1  Organization of the Board of Directors
 
                                      210      Board of Directors' Meetings

Approved     2/2020                               
Reviewed      2/19/24                                                                         
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:50

210.03 - Special Meeting

210.03 - Special Meeting

It may be necessary for the board to conduct a special meeting in addition to the regularly scheduled board meeting.  Special meetings may be called by the president of the board or by the board secretary at the request of a majority of the board.  Should a special meeting be called, public notice will be given.

If the special meeting called is an emergency meeting and the board cannot give public notice in its usual manner, the board will give public notice of the meeting as soon as practical and possible in light of the situation.  Emergency meetings will only be held when an issue cannot wait twenty-four hours necessary for a special meeting.  The reason for the emergency meeting and why notice in its usual manner could not be given will be stated in the minutes.

Only the purpose or issue for which the special meeting was called may be discussed and decided in the special meeting.  The board will strictly adhere to the agenda for the special meeting and action on other issues will be reserved for the next regular or special board meeting.

 

 

Legal Reference:  Iowa Code §§ 21.3, .4; 279.

Cross Reference:  200.1                                 Organization of the Board of Directors
 
                                      210                                      Board of Directors' Meetings

Approved     2/2020                               
Reviewed       2/19/24                                                                        
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:51

210.04 - Work Sessions

210.04 - Work Sessions

The board, as a decision making body, is confronted with a continuing flow of problems, issues and needs which require action.  While the board is determined to expedite its business, it is also mindful of the importance of planning, brainstorming and thoughtful discussion without action.  Therefore, the board may schedule work sessions and retreats in order to provide its members and the administration with such opportunities.  The board has the authority to hire an outside facilitator to assist them in work sessions.

Topics for discussion and study will be announced publicly, and work sessions and retreats will be conducted in open session.  No board action will take place at the work session.

 

 

Legal Reference:  Iowa Code §§ 21; 279.8.

Cross Reference:  210                                      Board of Directors' Meetings
 
                                      211                                      Open Meetings

Approved     2/2020                               
Reviewed       2/19/24                                                                        
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:52

210.05 - Meeting Notice

210.05 - Meeting Notice

Public notice will be given for meetings and work sessions held by the board.  Public notice will indicate the time, place, date and tentative agenda of board meetings.  The public notice will be posted on the bulletin board or another prominent place clearly designated for posting agendas in the central administration office at least 2 days before it is scheduled, but, at the minimum, twenty-four hours notice needs to be given.

A copy of the public notice will be provided to those who have filed a request for notice with the secretary.  A copy of the public notice will also be accessible to employees and students.

In the case of special meetings, public notice will be given in the same manner as for a regular meeting unless it is an emergency meeting.  In that case, public notice of the meeting will be given as soon as practical and possible in light of the situation.  The media and others who have requested notice will be notified of the emergency meeting.  Attendance at a special meeting or emergency meeting by the media or board members will constitute a waiver of notice.

It is the responsibility of the board secretary to give public notice of board meetings and work sessions.

 

 

Legal Reference:  Dobrovolny v. Reinhardt, 173 N.W.2d 837 (Iowa 1970).
 
                                      Iowa Code §§ 21.2-.4; 279.1, .2.

Cross Reference:  210                                      Board of Directors' Meetings
 
                                      210.8                                  Board of Directors' Meeting Agenda

Approved     2/2020                   
Reviewed     2/19/24                          
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:53

210.06 - Quorum

210.06 - Quorum

Action by the board regarding the affairs of the school district may be taken only when a quorum, a majority of the board members, is in attendance at the board meeting.  While in person participation is encouraged, board members may attend meetings either in person or electronically provided each member can hear and be heard in real time by all members present and the public.

While board members are encouraged to attend board meetings, [3 or 4] members will constitute a quorum and are a sufficient number to transact business of the school corporation.  The adjournment of a meeting may be executed without a quorum.

An affirmative vote of a majority of the votes cast is sufficient to pass a motion or take action unless law or board policy requires a vote of a greater number.

It is the responsibility of each board member to attend board meetings.

 

 

Legal Reference:  Iowa Code §§ 21.5(1); 279.4.

Cross Reference:  210                                      Board of Directors' Meetings

Approved     2/2020                               
Reviewed     2/19/24                                                                          
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:53

210.07 - Rules of Order

210.07 - Rules of Order

An orderly board meeting allows the board members to participate in the discussion and decision process on an issue confronting the school district.  Rules of order for board meetings allow school district business and the relative information concerning the business to be brought to the attention of the board.  They also allow the board to discuss, act upon and make a clear record of school district business in a regular, ordered, reasonable and consistent manner.

The board will follow Robert's Rule of Order, Revised, latest edition as modified by this policy and subsequent rule.

The purpose of modified rules adopted by the board are:

      To establish guidelines by which the business of the governing board can be conducted in a regular and internally consistent manner;

      To organize the meetings so all necessary matters can be brought to the board and decisions of the board can be made in an orderly and reasonable manner;

      To ensure members of the board, concentrating on the substantive issues at hand, have the necessary information to make decisions, and to ensure adequate discussion of decisions to be made; and,

      To ensure meetings and actions of the board are conducted so as to be informative to the staff and the public, and to produce a clear record of actions taken and decisions made.

It is the responsibility of each board member to follow the rules of order stated in this policy at each meeting, and it is the responsibility of the presiding officer to conduct the board meeting within these rules.

 

 

Legal Reference:  Iowa Code §§ 21.2, .7; 279.8.

Cross Reference:  210        Board of Directors' Meetings
 
                                      210.8    Board Meeting Agenda

Approved     2/2020                               
Reviewed     2/19/24                                                                          
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:54

210.07R1 - Rules of Order Regulation

210.07R1 - Rules of Order Regulation

The following rules of procedure have been adopted by the board at the annual or organizational meeting:

1.      Board members need not rise to gain the recognition of the board president.

2.      All motions will be made as a positive action.

3.      A motion will be adopted or carried if it receives an affirmative vote from more than half of the votes cast.  Only "yes" and "no" votes are counted in this calculation.  It should be noted that some motions require larger numbers of affirmative votes, such as to move into a closed session.

4.      All motions shall receive a second, prior to opening the issue for discussion of the board.  If a motion does not receive a second, the board president may declare the motion dead for lack of a second.

5.      The board president may decide the order in which board members will be recognized to address an issue.  An attempt should be made to alternate between pro and con positions.

6.      The board president shall rule on all motions that come before the board.

7.      The board president may rule on points of order brought before the board.

8.      The board president shall have complete authority to recognize a member of the audience regarding a request to participate in the board meeting.  Members of the public who wish to participate shall follow board policy.

9.      The board president has the authority to declare a recess at any time for the purpose of restoring decorum to the meeting.

10.    The board president has the same authority and responsibility as each board member to vote on all issues

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:55

210.08 - Board Meeting Agenda

210.08 - Board Meeting Agenda

The tentative agenda for each board meeting will state the topics for discussion and action at the board meeting.  The agenda is part of the public notice of the board meeting and will be posted and distributed.

Persons requesting to place an item on the agenda must make a request to the superintendent prior to the drafting of the tentative agenda.  The person making the request must state the person's name, address, purpose of the presentation, action desired and pertinent background information.  Requests from the public may be added to the tentative agenda at the discretion of the superintendent after consultation with the board president.  Requests received after the deadline may only be added to the agenda for good cause.

The tentative agenda and supporting documents will be sent to the board members 3 days prior to the scheduled board meeting.  These documents are the private property of the board member.  Persons wishing to view the tentative agenda and supporting documents may do so at the central administration office.

The board will take action only on the items listed on the tentative agenda posted with the public notice.  Items added to the agenda may be discussed or taken under advisement by the board.  If an added item is acted upon, the minutes of the board meeting will state the reason justifying the immediate action.

It is the responsibility of the board president and superintendent to develop the agenda for each board meeting.

 

 

Legal Reference:  Iowa Code §§ 21; 279.8.

Cross Reference:  210                                      Board of Directors' Meetings
 
                                      211                                      Open Meetings
 
                                      213                                      Public Participation in Board Meetings
 
                                      215                                      Board of Directors' Records
 
                                      402.5                                  Public Complaints About Employees
 
                                      502.4                                  Student Complaints and Grievances

Approved     2/2020                               
Reviewed      2/19/24                                                                         
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:56

210.08E1 - Board Meeting Agenda Example

210.08E1 - Board Meeting Agenda Example

BOARD MEETING AGENDA EXAMPLE

 

BOARD OF DIRECTORS

MAQUOKETA VALLEY COMMUNITY SCHOOL DISTRICT

Regular Meeting 5:30 P.M   

High School Library

Monday, April 19, 2021

 

 

AGENDA

  1. Call to Order
  1. Call the Roll
  1. Approve Meeting Agenda
  1. Approve Consent Items
  1. Visitors / Public Forum
  1. Presenter
  1. Principal and Coordinator Reports
  1. Personnel Recommendations
  1. Action Items
  1. Discussion Items
  2. Adjourn

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:57

210.09 - Consent Agendas

210.09 - Consent Agendas

Very often the board must consider agenda items which are noncontroversial or similar in content.  Such agenda items might include ministerial tasks such as, but not limited to, the approval of the agenda, approval of previous minutes, approval of bills, approval of reports, etc.  These items might also include similar groups of decisions such as, but not limited to, approval of staff contracts, approval of maintenance details for the school buildings and grounds, open enrollment requests or approval of various schedules.

In order for a more efficient administration of board meetings, the board may elect to use a consent agenda for the passage of noncontroversial items or items of a similar nature.

The superintendent in consultation with the board president and board secretary shall place items on the consent agenda.  By using a consent agenda, the board has consented to the consideration of certain items as a group under one resolution.  Items may be removed from the consent agenda at the request of a board member.

Nothing in this policy is to be construed as an attempt to avoid full compliance with laws dealing with open meetings or public notice of the agenda and meeting.

 

 

Legal Reference:  Iowa Code §§ 21; 279.8.

Cross Reference:  210       Board of Directors' Meetings

Approved     2/2020                                             
Reviewed      2/19/24                                   
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:58

211 - Open Meetings

211 - Open Meetings

A gathering of a majority of board members either in person or electronically in which deliberation of an issue within the scope of the board's policy making duties takes place is a board meeting.  A gathering for the purpose of social or ministerial action will not constitute a board meeting when there is no discussion of policy or no intent to avoid the purpose of the open meetings law.  Meetings of the board will be conducted in an open meeting unless a closed session is authorized by law or the meeting is exempt from the open meetings law.

 

 

Legal Reference:  Iowa Code §§ 21, 279.1-.2.

Cross Reference:  208                                      Ad Hoc Committees
 
                                      210                                      Board of Directors' Meetings
 
                                      210.8                                  Board Meeting Agenda
 
                                      212                                      Closed Sessions

Approved     2/2020                               
Reviewed       2/19/24                                                                        
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 16:59

212 - Closed Sessions

212 - Closed Sessions

Generally, board meetings will be open meetings, unless a closed session is provided for by law. 

 

Exceptions to the Open Meetings Law

Closed sessions take place as part of an open meeting. The board may enter into a closed session for any reason permitted by law.

The item for discussion in the closed session will be listed as part of the tentative agenda on the public notice with the full text of the Iowa Code citation reference stated on the agenda.  The motion for a closed session, stating the purpose for the closed session, will be made and seconded during the open meeting.  A minimum of two-thirds of the board, or all of the board members present, must vote in favor of the motion on a roll call vote.  Closed sessions will be tape recorded and have detailed minutes kept by the board secretary.  Final action on matters discussed in the closed session will be taken in an open meeting. 

The minutes and the tape recording will restate the motion made in the open meeting, the roll call vote, the members present, and the time the closed session began and ended.  The tape recordings and the written minutes will be kept for one year from the date of the meeting.  Real estate related minutes and tapes will be made public after the real estate transaction is completed.

The detailed minutes and tape recording will be sealed and will not be public records open to public inspection.  The minutes and tape recording will only be available to board members or opened upon court order in an action to enforce the requirements of the open meetings law.  The board has complete discretion as to whom may be present at a closed session but generally closed sessions will be limited to the board, a recording secretary and the superintendent if indicated.  The board has discretion to nominate the board secretary or any board member to serve as recording secretary for the closed session.

Reasons for the board entering into a closed session from an open meeting include, but are not limited to, the following:

        1.       To review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for the board's possession or receipt of federal funds.

        2.       To discuss strategy with legal counsel in matters presently in litigation, or where litigation is imminent, if disclosure would be likely to prejudice or disadvantage the board.

        3.       To discuss whether to conduct a hearing, or conduct a hearing for suspension or expulsion of a student, unless an open meeting is requested by the student or the parent of the student.

        4.       To evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when a closed session is necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session.

        5.       To discuss the purchase or sale of particular real estate, but only when premature disclosure could be reasonably expected to increase the price the board would have to pay for the property, or in case of a sale reduce the price the board could receive for the property.

 

Exemptions to the Open Meetings Law

Board meetings at which a quorum is not present, or gatherings of the board for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of the open meetings law, are exempt from the open meetings law requirements.  Since gatherings of this type are exempt from the open meetings requirements, they can be held without public notice, be separate from an open meeting, be held without taping the gathering or taking minutes, and be held without a vote or motion.  The board may also hold an exempt session for the following:

        1.       negotiating sessions, strategy meetings of public employers or employee organizations, mediation and the deliberative process of arbitration;

        2.       to discuss strategy in matters relating to employment conditions of employees not covered by the collective bargaining law;

        3.       to conduct a private hearing relating to the recommended termination of a teacher's contract.  The private hearing however, in the teacher's contract termination will be recorded verbatim by a court reporter; and

        4.       to conduct a private hearing relating to the termination of a probationary administrator's contract or to review the proposed decision of the administrative law judge regarding the termination of an administrator's contract.

 

 

Legal Reference:  Iowa Code §§ 20.17; 21; 22.7; 279.15, .16, .24.

Cross Reference:  208                                      Ad Hoc Committees
 
                                      211                                      Open Meetings

Approved     2/2020                               
Reviewed     2/19/24                                                                          
Revised      2/19/24             

 

dawn.gibson.cm… Fri, 10/27/2023 - 17:00

212.01 - Exempt Sessions

212.01 - Exempt Sessions

Exemptions to the Open Meetings Law

Board meetings at which a quorum is not present, or gatherings of the board for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of the open meetings law, are exempt from the open meetings law requirements.  Since gatherings of this type are exempt from the open meetings requirements, they can be held without public notice, be separate from an open meeting, be held without taping the gathering or taking minutes, and be held without a vote or motion.  The board may also hold an exempt session for the following:

        1.       negotiating sessions, strategy meetings of public employers or employee organizations, mediation and the deliberative process of arbitration;

        2.       to discuss strategy in matters relating to employment conditions of employees not covered by the collective bargaining law;

        3.       to conduct a private hearing relating to the recommended termination of a teacher's contract.  The private hearing however, in the teacher's contract termination will be recorded verbatim by a court reporter; and

        4.       to conduct a private hearing relating to the termination of a probationary administrator's contract or to review the proposed decision of the administrative law judge regarding the termination of an administrator's contract.

 

 

Legal Reference:            Iowa Code §§ 20.17; 21; 22.7; 279.15, .16, .24.

Cross Reference:            208                                                                          Ad Hoc Committees
                                      211                                                                          Open Meetings

 

Approved     2/19/24                 
Reviewed                    
Revised                   

susan.larson@f… Wed, 02/21/2024 - 15:10

213 - Public Participation in Board Meetings

213 - Public Participation in Board Meetings

The board recognizes the importance of citizen participation in school district matters.  In order to assure citizens are heard and board meetings are conducted efficiently and in an organized manner, the board will set aside a specific time for public comment. 

 

Public Comment During Board Meetings

Citizens wishing to address the board during public comment must notify the board secretary prior to the board meeting. The board president will recognize these individuals to make their comments at the appropriate time during public comment.  Citizens wishing to present petitions to the board may also do so at this time.  The board however, will only receive the petitions and not act upon them or their contents. 

The board has the discretion to limit the amount of time set aside for public participation. Normally, speakers will be limited to 5 minutes with a total allotted time for public participation of 30 minutes.   However, the board president may modify this time limit, if deemed appropriate or necessary.  Public comment is a time set aside for community input, but the board will not discuss or take any action on any matter during public comment. 

A public comment shall be limited to regular board meetings and will not be routinely held during special board meetings. 

 

Petitions to Place a Topic on the Agenda

Individuals who wish for an item to be placed on the board agenda may submit a valid petition to the board.  For a petition to be valid, it must be signed by at least 500 eligible electors of the district, or ten percent of the individuals who voted in the last school election, whichever number is lower.

Upon receiving a valid petition to the board to place a proposal on the next board agenda for public hearing, the board will place the proposal identified in the petition on the agenda of the next regular meeting, or a special meeting held within 30 days of receipt of the petition.  The board will provide a sign-up sheet for all individuals who wish to speak on the proposal, and individuals will be called to speak in order of sign-up.  The sign-up sheet will require each individual to list their legal name and mailing address.  Each speaker will be limited to an amount of time established by the board president that is reasonable and necessary based on the number of speakers signed up.  The same time limit will apply to all speakers on the proposal.  Each individual will be limited to one opportunity to speak.  The board maintains absolute discretion on whether or not to discuss or act on the public comments made on the proposal. If a petition is related to curriculum, the district maintains discretion to determine whether to stop teaching that curriculum until the board holds the public hearing to discuss the curriculum. 

The board has a significant interest in maintaining the decorum of its meetings, and it is expected that members of the public and the board will address each other with civility.  The orderly process of the board meeting will not be interfered with or disrupted by public comment.  Only individuals recognized by the board president will be allowed to speak.  Comments by others are out of order.  If disruptive, the individual causing disruption may be asked to leave the board meeting.  Defamatory comments may be subject to legal action. 

 

 

Legal Reference:  Iowa Code §§ 21; 22; 279.8.

Cross Reference:  205                                      Board Member Liability
                                       210.8                                  Board Meeting Agenda
                                       214                                      Public Hearings
                                       307                                      Communication Channels
                                       401.4                                  Employee Complaints

                                       402.5                                  Public Complaints About Employees
                                       502.4                                  Student Complaints and Grievances

Approved    7/17/23               
Reviewed     2/19/24             
Revised                             

dawn.gibson.cm… Fri, 10/27/2023 - 17:01

213.01 - Public Complaints

213.01 - Public Complaints

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. 

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:

(a)  Matters should first be addressed to the teacher or employee.

(b)  Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the employee's building principal.

(c)  Unsettled matters from (b) above or problems and questions concerning the school district should be directed to the superintendent.

(d)  If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board for consideration.  To bring a concern, the individual shall notify the board president or board secretary in writing, who may bring it to the attention of the entire board.

Parents, guardians and community members of the district who have concerns about the district or the board may refer to the student handbook for additional guidance from the Iowa Department of Education.

It is within the discretion of the board to address complaints from the members of the school district community, and the board will only consider whether to address complaints if they are in writing, signed, and the complainant has complied with this policy.  The board is not obligated to address a complaint and may defer to the decision of the superintendent.  If the board elects not to address a complaint, the decision of the superintendent shall be final.  If the board does elect to address a complaint, its decision shall be final.

 

 

Legal Reference:  Iowa Code § 279.8

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

Approved     2/2020                               
Reviewed      2/19/24                                                                         
Revised      2/19/24             

 

dawn.gibson.cm… Fri, 10/27/2023 - 17:03

214 - Public Hearings

214 - Public Hearings

Public hearings may be held on school district matters at the discretion of the board.  Public notice of a public hearing will be in the same manner as for a board meeting except that the notice will be given at least ten days before the hearing is to be held unless it is impossible or impractical to do so, or the law requires otherwise.

At public hearings, citizens of the district who register at the door will be allowed to speak on the issue for which the public hearing is being held.  Others may be allowed to speak at the board's discretion.  Speakers are asked to keep their remarks as brief as possible.  Prior to the beginning of the hearing, speakers and spectators will be apprised of the rules of order to be followed regarding time limitations, questions, remarks and rebuttals.  In no event will a speaker be allowed to take the time of another speaker.

The board will conduct public hearings in an orderly fashion.  At the beginning of the hearing, statements, background materials and public hearing rules and procedures will be presented by the board president.  The board president will recognize the speakers.  A board member may ask questions of the speakers after receiving permission from the board president.  Only those speakers recognized by the chair will be allowed to speak.  Comments by others are out of order.  Individuals who interfere with or interrupt speakers, the board or the proceedings will be asked to leave.

 

 

Legal Reference:  Iowa Code §§ Ch. 21; 26.12; Ch. 24; 279.8, .10; 297.22.

Cross Reference:  210     Board of Directors' Meetings
                                       213     Public Participation in Board Meetings
                                       
601.1  School Calendar
 
                                      703.1  Budget Planning

Approved     2/2020                               
Reviewed      2/19/24                                                                         
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 17:04

215 - Board of Directors' Records

215 - Board of Directors' Records

The board will keep and maintain permanent records of the board including, but not limited to, records of the minutes of board meetings and other required records of the board.

It is the responsibility of the board secretary to keep the minutes of the board meetings.  The minutes of each board meeting will include, at a minimum, the following items: a record of the date, time, place, members present, action taken and the vote of each member, and the schedule of bills allowed will be attached.  This information will be available within two weeks of the board meeting and forwarded to the newspaper designated as the official newspaper for publication.  The information does not need to be published within two weeks.  The schedule of bills allowed may be published on a once monthly basis in lieu of publication with the minutes.  The permanent records of the board minutes may include more detail than is required for the publication of the minutes.

Minutes waiting approval at the next board meeting will be available for inspection at the central administration office after the board secretary transcribes the notes into typewritten material which has been proofread for errors and retyped.

 

 

Legal Reference:  Iowa Code §§ 21; 22; 279.8, .35, .36; 291.6, .7; 618.3.
                                      281 I.A.C. 12.3(1).

Cross Reference:  206.3  Secretary
 
                                      206.4  Treasurer
 
                                      208     Ad Hoc Committees
 
                                      210.8  Board Meeting Agenda
 
                                      708     Care, Maintenance and Disposal of School District Records
             
                          901     Public Examination of School District Records

Approved     2/2020                               
Reviewed     2/19/24                                                                          
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 17:05

215.01E1 - Board Meeting Minutes

215.01E1 - Board Meeting Minutes

Since the official minutes of the board are the only legal record, it is important that they be recorded with extreme care and completeness.  The board secretary will follow the following guidelines in writing board minutes:

With respect to content, the minutes should show the following:

1.   The place, date, and time of each meeting.

2.   The type of meeting--regular, special, emergency, work session.

3.   Members present and members absent, by name.

4.   The call to order and adjournment.

5.   The departure of members by name before adjournment.

6.   The late arrival of members, by name.

7.   The time and place of the next meeting.

8.   Approval, or amendment and approval, of the minutes of the preceding meeting.

9.   Complete information as to each subject of the board's deliberation and the action taken.

10. The maker and seconder of the motion, what action was taken, and the vote on the motion detailed enough to attribute a vote to each member present.

11. Complete text of all board resolutions, numbered consecutively for each fiscal year.

12. A record of all contracts entered into, with the contract documents kept in a separate file.

13. A record of all change orders on construction contracts.

14. All employment changes, including resignations or terminations.

15. A record, by number, of the bills of account approved by the board for payment.

16. A record of all calls for bids, bids received, and action taken thereon.

17. Approval of all transfers of funds from one budgetary fund to another.

18. Important documents forming a part of a motion should be made a part of the minutes by exhibit and placed in the minute book along with the minutes.

19. Board policy and administrative guides should be made a part of the minutes by exhibit.

20. Adoption of textbooks and establishment of bus routes by the board for the school year as well as the school calendar should become a part of the minutes.

21. Approval or disapproval of open enrollment requests with justification for disapproval or approval after the deadline.

22. A record of all delegations appearing before the board and a record of all petitions.

23. At the annual meeting each year the record should indicate that the books of the treasurer and secretary and the Certified Annual Report have been examined and approved subject to audit.

24. The election or appointment of board officers.

25. The appointment of auditors to examine the books.

 

At the annual or organizational meeting in odd-numbered years, the minutes should reflect the following:

26. Appointment of a temporary chairperson if not specified in policy.

27. Oath of office administered to newly elected board members.

28. Nominations taken for the office of president and vice-president.

29. Election of the president and vice-president, the votes and the oath of office administered to the president and vice-president.

30. The resolution to pay bills when the board is not in session.

31. A resolution to automatically disburse payroll along with a roster of all employees under contract.

32. A resolution naming depositories along with the maximum deposit for each depository.

33. Resolution authorizing the use of a check protector and signer and the proper control of the signer.

34. Motion designating a member or a committee to examine the bills of account for a designated period of time on a rotation basis if desired for the balance of the school year.

 

dawn.gibson.cm… Fri, 10/27/2023 - 17:07

216 - Board of Directors' Member Services

216 - Board of Directors' Member Services dawn.gibson.cm… Fri, 10/27/2023 - 17:08

216.01 - Association Membership

216.01 - Association Membership

Participation in board member associations are beneficial to the board.  The board will maintain an active membership in the Iowa Association of School Boards and in organizations the board determines will be of benefit to the board and the school district.

 

 

Legal Reference:  Iowa Code § 279.38.

Cross Reference:  216.2                                      Board of Directors' Member Development and Training

Approved     2/2020                               
Reviewed     2/19/24                                                                          
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 17:08

216.02 - Board of Directors' Member Development and Training

216.02 - Board of Directors' Member Development and Training

The board may participate in conferences sponsored by educational associations and agencies in addition to its own in-service programs and work sessions.

The board will work closely with the Iowa Association of School Boards' and encourage the board members to participate in conferences to achieve the Better Boardsmanship Award.

 

 

Legal Reference:  Iowa Code §§ 279.8, .38.

Cross Reference:  216.1                                      Association Membership

Approved     2/2020                               
Reviewed    2/19/24                                                                           
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 17:09

216.03 - Board of Directors' Member Compensation and Expenses

216.03 - Board of Directors' Member Compensation and Expenses

As an elected public official, the board member is a public servant who serves without compensation.  Board members will be reimbursed for actual and necessary expenses incurred in the performance of their official duties.

Prior to reimbursement of actual and necessary expenses, the board member must submit a detailed receipt indicating the date, purpose and nature of the expense for each claim item.  Failure to provide a detailed receipt will make the expense nonreimbursable.  Personal expenses will be reimbursed by the board member to the school district no later than ten working days following the date of the expense.  In exceptional circumstances, the board may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances will be maintained as part of the school district's record of the claim.

It is the responsibility of the board secretary to compile the expenses of board members and bring them to the board for audit and approval in the same manner as other claims of the school district.  It is the responsibility of the board to determine through the audit and approval process of the board whether the expenses incurred by a board member are actual and necessary expenses incurred in the performance of their official duties.

 

 

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

Cross Reference:  203                                      Board of Directors' Conflict of Interest
                                       401.7                                  Employee Travel Compensation
                                       401.10                               Credit Cards

Approved     2/2020                               
Reviewed     2/19/24                                                                          
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 17:09

217 - Gifts to Board of Directors

217 - Gifts to Board of Directors

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

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

              Is seeking to be or is a party to any one or any combination of sales, purchases, leases or contracts to, from or with the school district;

              Will be directly and substantially affected financially by the performance or nonperformance of the board member'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 a board member's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;

              Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;

              An inheritance;

              Anything available or distributed to the general public free of charge without regard to the official status of the board recipient;

              Items received from a charitable, professional, educational or business organization to which the board member belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;

                Actual expenses of a board member for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the board member 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 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 a public official for the public official's wedding or twenty-fifth or fiftieth wedding anniversary;

                Payment of salary or expenses by a board member's employer or the firm in which the board member is a member for the cost of attending a meeting of a subunit of an agency when the board member whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the board member is not entitled to receive compensation or reimbursement of expenses from the school district;

                Gifts other than food, beverages, travel and lodging received by a board member which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the board member; or

                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, a board member as consideration for an appearance, speech or article.  An honorarium does not include any of the following:

                Actual expenses of a board member for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the board member 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 department of general services; or

                A payment made to a board member for services rendered as part of a private business, trade or profession in which the board member is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as a board member but, rather, because of some special expertise or other qualification.

 

It is the responsibility of each board member to know when it is appropriate to accept or reject gifts or honorariums.

 

 

Legal References:  Iowa Code ch. 68B

Cross References:  203        Board of Directors' Conflict of Interest
 
                                        402.4     Gifts to Employees
 
                                        704.4     Gifts - Grants - Bequests

Approved     2/2020                               
Reviewed     2/19/24                                                                          
Revised                   

 

dawn.gibson.cm… Fri, 10/27/2023 - 17:11

300 - ADMINISTRATION

300 - ADMINISTRATION Jen@iowaschool… Mon, 10/02/2023 - 10:03

300 - Role of School District Administration

300 - Role of School District Administration

In this series of the board policy manual, the board defines the role and the employment of school district administrators.  Policies in the 400 Series, "Employees," also apply to administrators unless a more specific policy exists in the 300 Series, "Administration."

School district administrators have been given a great opportunity and responsibility to manage the school district, to provide educational leadership, and to implement the educational philosophy of the school district.  They are responsible for the day-to-day operations of the school district.  In carrying out these operations, the administrators are guided by board policies, the law, the needs of the students, and the wishes of the citizens in the school district community.

It is the responsibility of the administrators to implement and enforce the policies of the board, to oversee employees, to monitor educational issues confronting the school district, and to inform the board about school district operations.

While the board holds the superintendent ultimately responsible for these duties, the principals are more directly responsible for educational results, for the administration of the school facilities and for the employees.

The board and the administration will work together to share information and decisions under the management team concept.

 

 

Approved      3/2020                 
Reviewed                               
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:31

301 - Administrative Structure

301 - Administrative Structure dawn.gibson.cm… Mon, 10/30/2023 - 09:32

301.01 - Management

301.01 - Management

The board and the administrators will work together in making decisions and setting goals for the school district.  This effort is designed to obtain, share, and use information to solve problems, make decisions, and formulate school district policies and regulations.

It is the responsibility of each administrator to fully participate in the management of the school district by investigating, analyzing, and expressing their views on issues.  Those board members or administrators with special expertise or knowledge of an issue may be called upon to provide information.  Each board member and administrator will support the decisions reached on the issues confronting the school district.

The board is responsible for making the final decision in matters pertaining to the school district.

It is the responsibility of the superintendent to develop guidelines for cooperative decision-making.

 

 

Legal Reference:  Iowa Code § 279.8

Cross Reference:  301                                      Administrative Structure

Approved    3/2020                               
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:32

302 - Superintendent

302 - Superintendent dawn.gibson.cm… Mon, 10/30/2023 - 09:33

302.01 - Superintendent Qualifications, Recruitment, Appointment

302.01 - Superintendent Qualifications, Recruitment, Appointment

The board will employ a superintendent to serve as the chief executive officer of the board, to conduct the daily operations of the school district, and to implement board policy with the power and duties prescribed by the board and the law.

The board will consider applicants that meet or exceed the standards set by the Iowa Department of Education and the qualifications established in the job description for the superintendent position.  In employing a superintendent, the board will consider the qualifications, credentials and records of the applicants without regard to race, color, creed, religion, sex, national origin, age, sexual orientation, gender identity or disability.  In keeping with the law, however, the board will consider the veteran status of the applicants.  The board will look closely at the training, experience, skill and demonstrated competence of qualified applicants in making its final decision.

In choosing a superintendent, the board will also consider the school district's educational philosophy, financial situation, organizational structure, education programs, and other factors deemed relevant by the board.

The board may contract for assistance in the search for a superintendent.

 

 

Legal Reference:  29 U.S.C. §§ 621-634.
   
                                    42 U.S.C. §§ 2000e et seq.
   
                                    Iowa Code §§ 21.5(1)(i); 35C; 216; 279.8, .20.
   
                                    281 I.A.C. 12.4(4).

Cross Reference:  200.2                                  Powers of the Board of Directors
   
                                    200.3                                  Responsibilities of the Board of Directors
   
                                    301                                      Administrative Structure
   
                                    302                                      Superintendent

Approved       3/2020                            
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:33

302.02 - Superintendent Contract and Contract Nonrenewal

302.02 - Superintendent Contract and Contract Nonrenewal

The length of the contract for employment between the superintendent and the board is determined by the board.  The contract will begin on July 1 and end on June 30.  The contract will state the terms of employment and shall not exceed three years. .

The first three consecutive years of a contract issued to a newly employed superintendent is considered a probationary period.  The probationary period may be extended for an additional year upon the consent of the superintendent.  In the event of termination of a probationary or nonprobationary contract, the board will afford the superintendent appropriate due process, as required by law.  The superintendent and board may mutually agree to terminate the superintendent's contract at any time.

It is the responsibility of the board to provide the contract for the superintendent.  The board may issue a temporary and nonrenewable contract in accordance with law.

If the superintendent wishes to resign, to be released from a contract, or to retire, the superintendent must comply with applicable law board policies.

 

 

Legal Reference:  Martin v. Waterloo Community School District, 518 N.W. 2d 381 (Iowa 1994).
 
                                      Cook v Plainfield Community School District, 301 N.W.2d 771 (Iowa App. 1980).
                     
                  Board of Education of Fort Madison Community School District v. Youel, 282 N.W.2d 677 (Iowa 1979).
           
                            Briggs v Board of Directors of Hinton Community School District, 282 N.W.2d 740 (Iowa 1979).
        
                               Luse v. Waco Community School District of Henry Co., 258 Iowa 1087, 141 N.W.2d 607 (1966).
                                       Iowa Code §§ 279
                                       281 I.A.C. 12.4.

Cross Reference:  302                                      Superintendent

Approved      3/2020                             
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:38

302.03 - Superintendent Salary and Other Compensation

302.03 - Superintendent Salary and Other Compensation

The board has complete discretion to set the salary of the superintendent.  It is the responsibility of the board to set the salary and benefits of the superintendent at a level that will include consideration of, but not be limited to, the economic condition of the school district and the training, experience, skill, and demonstrated competence of the superintendent.  The salary is set at the beginning of each contract term.

In addition to the salary and benefits, the superintendent's actual and necessary expenses are paid by the school district when the superintendent is performing work-related duties.  It is within the discretion of the board to pay dues to professional organizations for the superintendent.

The board may approve the payment of dues and other benefits or compensation over and above the superintendent's contract.  Approval of dues and other benefits or compensation will be included in the records of the board in accordance with board policy.

 

 

Legal Reference:  Iowa Code §§ 279.8, .20.

Cross Reference:  302                                      Superintendent

Approved     3/2020                              
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:40

302.04 - Superintendent Duties

302.04 - Superintendent Duties

The board employs a superintendent of schools to serve as the chief executive officer of the board.  The board delegates to the superintendent the authority to implement board policy and to execute decisions made by the board concerning the internal operations of the school district, unless specifically stated otherwise.

The superintendent is responsible for the implementation and execution of board policy and the observance of board policy by employees and students.  The superintendent is responsible for overall supervision and discipline of employees and the education program.

In executing the above-stated duties, the superintendent will consider the financial situation of the school district as well as the needs of the students.  Specifically, the superintendent:

      Interprets and implements all board policies and all state and federal laws relevant to education;

      Supervises, either directly or through delegation, all activities of the school system according to, and consistent with, the policies of the board;

      Represents the board as a liaison between the school district and the community;

      Establishes and maintains a program of public relations to keep the public well-informed of the activities and needs of the school district, effecting a wholesome and cooperative working relationship between the school district and the community;

      Attends and participates in all meetings of the board, except when the superintendent has been excused, and makes recommendations affecting the school district;

      Reports to the board on such matters as deemed material to the understanding and proper management of the school district or as the board may request;

      Assumes responsibility for the overall financial planning of the district and for the preparation of the annual budget, and submits it to the board for review and approval;

      Establishes and maintains efficient procedures and effective controls for all expenditures of school district funds in accordance with the adopted budget, subject to the direction and approval of the board;

      Files, or causes to be filed, all reports required by law;

      Makes recommendations to the board for the selection of employees for the school district;

      Makes and records assignments and transfers of all employees pursuant to their qualifications;

      Employs such employees as may be necessary, within the limits of budgetary provisions and subject to the board's approval;

      Recommends to the board, for final action, the promotion, salary change, demotion, or dismissal of any employee;

      Prescribes rules for the classification and advancement of students, and for the transfer of students from one building to another in accordance with board policies;

      Summons employees of the school district to attend such regular and occasional meetings as are necessary to carry out the education program of the school district;

      Supervises methods of teaching, supervision, and administration in effect in the schools;

      Attends such conventions and conferences as are necessary to keep informed of the latest educational trends;

      Accepts responsibility for the general efficiency of the school system, for the development of the employees, and for the educational growth and welfare of the students;

      Defines educational needs and formulates policies and plans for recommendation to the board;

      Makes administrative decisions necessary for the proper functioning of the school district;

      Responsible for scheduling the use of buildings and grounds by all groups and/or organizations;

      Acts as the purchasing agent for the board, and establishes procedures for the purchase of books, materials and supplies;

      Approves vacation schedules for employees;

      Conducts periodic district administration meetings;

      Performs other duties as may be assigned by the board.

      Supervises the establishment or modification of the boundaries of school attendance and transportation areas subject to approval of the board; and

      Directs studies of buildings and sites, taking into consideration population trends and the educational and cultural needs of the district in order to ensure timely decisions by the board and the electorate regarding construction and renovation projects.

This list of duties will not act to limit the board's authority and responsibility over the superintendent.  In executing these duties and others the board may delegate, the superintendent will consider the school district's financial condition as well as the needs of the students in the school district.

 

 

Legal Reference:  Iowa Code §§ 279.8, .20, 23A.
 
                                      281 I.A.C. 12.4(4).

Cross Reference:  209                                      Board of Directors' Management Procedures
                                       301                                      Administrative Structure
                                       302                                      Superintendent

Approved     3/2020                              
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:40

302.05 - Superintendent Evaluation

302.05 - Superintendent Evaluation

The board will conduct an ongoing evaluation of the superintendent's skills, abilities, and competence.  At a minimum, the board will formally evaluate the superintendent on an annual basis.  The goal of the superintendent's formal evaluation is to ensure the education program for the students is carried out, promote growth in effective administrative leadership, clarify the superintendent's role, clarify the immediate priorities of the board, and develop a working relationship between the board and the superintendent.

The superintendent will be an educational leader who promotes the success of all students by:

  • Facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community. 
  • Advocating, nurturing and sustaining a school culture and instructional program conducive to student learning and staff professional development. 
  • Ensuring management of the organization, operations and resources for a safe, efficient and effective learning environment. 
  • Collaborating with families and community members, responding to diverse community interests and needs and mobilizing community resources.   
  • Acting with integrity, fairness and in an ethical manner.
  • Understanding the profile of the community, and responding to and influencing the larger political, social, economic, legal and cultural context.

The formal evaluation will be based upon the following principles:

    The evaluation criteria will be in writing, clearly stated and mutually agreed upon by the board and the superintendent.  The criteria will be related to the job description and the school district's goals;

    At a minimum, the evaluation process will be conducted annually at a time agreed upon;

    Each board member will have an opportunity to individually evaluate the superintendent, and these individual evaluations will be compiled into an overall evaluation by the entire board;

    The superintendent will conduct a self-evaluation prior to discussing the board's evaluation, and the board as a whole will discuss its evaluation with the superintendent;

    The board may discuss its evaluation of the superintendent in closed session upon a request from the superintendent and if the board determines its discussion in open session will needlessly and irreparably injure the superintendent's reputation; and,

    The individual evaluation by each board member, if individual board members so desire, will not be reviewed by the superintendent.  Board members are encouraged to communicate their criticisms and concerns to the superintendent in the closed session.  The board president will develop a written summary of the individual evaluations, including both the strengths and the weaknesses of the superintendent, and place it in the superintendent's personnel file to be incorporated into the next cycle of evaluations.

This policy supports and does not preclude the ongoing, informal evaluation of the superintendent's skills, abilities and competence.

 

 

Legal Reference:  Wedergren v. Board of Directors, 307 N.W.2d 12 (Iowa 1981).
 
                                      Iowa Code §§ 279.8, .20, .23, .23A.
 
                                      281 I.A.C. Ch. 83; 12.3(4).

Cross Reference:  212                                      Closed Sessions
 
                                      302                                      Superintendent

Approved      3/2020     
Reviewed                      
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:42

302.06 - Superintendent Professional Development

302.06 - Superintendent Professional Development

The board encourages the superintendent to continue professional growth by being involved in professional organizations, attending conferences, continuing education, and participating in other professional activities.

It is the responsibility of the superintendent to arrange the superintendent's schedule in order to enable attendance at various conferences and events.  If a conference or event requires the superintendent to be absent from the office for more than three days, requires overnight travel, or involves unusual expense, the superintendent will bring it to the attention of the board president prior to attending the event.

The superintendent will report to the board after an event.

 

 

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

Cross Reference:  303.7                                      Administrator Professional Development
 
                                      401.7                                      Employee Travel Compensation

Approved      3/2020                             
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:43

302.07 - Superintendent Civic Activities

302.07 - Superintendent Civic Activities

The board encourages the superintendent to be involved in the school district community by belonging to school district community organizations and attending and participating in school district community activities.

It is the responsibility of the superintendent to become involved in school district community activities and events.  It is within the discretion of the board to pay annual fees for professional organizations and activities.

 

 

Legal Reference:  Iowa Code § 279.8.

Cross Reference:  302.3                                      Superintendent Salary and Other Compensation
 
                                      303.8                                      Administrator Civic Activities

Approved      3/2020                             
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:44

302.08 - Superintendent Consulting/Outside Employment

302.08 - Superintendent Consulting/Outside Employment

The superintendent is considered a full-time employee.  The board expects the superintendent to give the responsibilities of the position precedence over other employment.  The superintendent may accept consulting or outside employment for pay as long as, in the judgment of the board, the work is conducted on the superintendent's personal time and it does not interfere with the performance of the superintendent's duties.

The board reserves the right, however, to request that the superintendent cease the outside employment as a condition of continued employment.  The board will give the superintendent thirty days notice to cease outside employment.

 

 

Legal Reference:  Iowa Code §§ 279.8, .20.

Cross Reference:  302.2                                      Superintendent Contract and Contract Nonrenewal
 
                                      302.4                                      Superintendent Duties

Approved     3/2020      
Reviewed                      
Revised          

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:45

303 - Administrative Employees

303 - Administrative Employees dawn.gibson.cm… Mon, 10/30/2023 - 09:46

303.02 - Administrator Qualifications, Recruitment, Appointment

303.02 - Administrator Qualifications, Recruitment, Appointment

The board will employ building principals and other administrators, in addition to the superintendent, to assist in the daily operations of the school district.

The board will consider applicants who meet or exceed the standards set by the Iowa Department of Education and the qualifications established in the job description for the position.  In employing an administrator, the board will consider the qualifications, credentials and records of the applicants without regard to race, color, creed, religion, sex, national origin, age, sexual orientation, gender identity or disability.  In keeping with the law, however, the board will consider the veteran status of the applicants.  The board will look closely at the training, experience, skill and demonstrated competence of qualified applicants in making its final decision.

In choosing an administrator, the board will also consider the school district's educational philosophy, financial condition, organizational structure, education programs, and other factors deemed relevant by the board.

It is the responsibility of the superintendent to make a recommendation to the board for filling an administrative position, based on the requirements stated in this policy.  The board will act only on the superintendent's recommendation.

The board may contract for assistance in the search for administrators.

 

 

Legal Reference:  Iowa Code §§ 279.8, .21.
 
                                      281 I.A.C. 12.4.

Cross Reference:  303                                      Administrative Employees

Approved       3/2020    
Reviewed                      
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:46

303.03 - Administrator Contract and Contract Nonrenewal

303.03 - Administrator Contract and Contract Nonrenewal

The length of the contract for employment between an administrator and the board will be determined by the board and stated in the contract.  The contract will also state the terms of the employment.

The first three consecutive years of a contract issued to a newly employed administrator will be considered a probationary period.  The probationary period may be extended for an additional year upon the consent of the administrator.  In the event of termination of a probationary or nonprobationary contract, the board will afford the administrator appropriate due process, as required by law.  The administrator and board may mutually agree to terminate the administrator's contract.

It is the responsibility of the superintendent to create a contract for each administrative position.  The board may issue temporary and nonrenewable contracts in accordance with the law.

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

 

 

Legal Reference:  Martin v. Waterloo Community School District, 518 N.W. 2d 381 (Iowa 1994).
 
                                      Cook v Plainfield Community School District, 301 N.W. 2d 771 (Iowa App. 1980).
                       
                Board of Education of Fort Madison Community School District v Youel, 282 N.W. 2d 677 (Iowa 1979).
              
                         Briggs v Board of Education of Hinton Community School District, 282 N.W. 2d 740 (Iowa 1979).
 
                                      Iowa Code §§ 279
 
                                      281 I.A.C. 12.4.

Cross Reference:  303                                      Administrative Employees

Approved       3/2020    
Reviewed                      
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:47

303.04 - Administrator Salary and Other Compensation

303.04 - Administrator Salary and Other Compensation

The board has complete discretion to set the salary of the administrators.  It is the responsibility of the board to set the salary and benefits of the administrators at a level that will include consideration of, but not be limited to, the economic condition of the school district and the training, experience, skill, and demonstrated competence of the administrators.  The salary will be set at the beginning of each contract period.

In addition to the salary and benefits agreed upon, the administrator's actual and necessary expenses will be paid by the school district when the administrator is performing work-related duties.  The board will approve the payment of other benefits or compensation over and above the administrator's contract.  Approval of other benefits or items of an administrator's compensation will be included in the records of the board in accordance with board policy.

 

 

Legal Reference:  Iowa Code § 279.21.

Cross Reference:  303                                      Administrative Employees

Approved      3/2020     
Reviewed                      
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:48

303.05 - Administrator Duties

303.05 - Administrator Duties

Administrators will be hired by the board to assist the superintendent in the day-to-day operations of the school district.

Each attendance center will have a building principal responsible for the administration and operation of the attendance center.  Each building principal, as chief administrator of the assigned attendance center, is responsible for the building and grounds, for the students and employees assigned to the attendance center, for school activities at the attendance center, for the education program offered in the attendance center, and the budget for the attendance center.  The principal is considered the professional advisor to the superintendent in matters pertaining to the attendance center supervised by the principal.  Although the principals serve under the direction of the superintendent, duties of the principal may include, but not be limited to the following:

Cooperate in the general organization and plan of procedure in the school under the principal's supervision;

Supervision of the teachers in the principal's attendance center;

Maintain the necessary records for carrying out delegated duties;

Work with the superintendent in rating, recommending and selecting supervised employees whenever possible;

Work with the superintendent in determining the education program to be offered and in arranging the schedules.  As much of the schedule as possible should be made before school closes for summer vacation.  In the matter of courses offered, the final approval rests with the superintendent who is in turn responsible to the board;

Ensure that proper care is taken of all school books, supplies, materials, equipment, furniture and facilities;

Instruct teachers to make a complete annual inventory of all school property contained in their individual rooms.  This inventory is reviewed and filed with the board secretary;

Investigate excessive cases of absence or tardiness of students and notify the parents or guardians of unexcused absence or tardiness.  All such cases should be reported to the superintendent;

Make such reports from time to time as the superintendent may require;

Maintain the regular schedule of school hours established by the board and make no temporary changes in the schedule without the consent of the superintendent;

Promptly notify the superintendent whenever ventilation, sanitation or heating of the building is unsatisfactory;

Contribute to the formation and implementation of general policies and procedures of the school;

Perform such other duties as may be assigned by the superintendent of schools.

This list of duties will not act to limit the board's authority and responsibility over the position of the administrators.  In executing these duties and others the board may delegate, the administrators will consider the school district's financial condition as well as the needs of the students in the school district.

 

NOTE:  This is a sample listing of administrator duties.  Boards may want to amend it to reflect actual duties..

 

 

Legal Reference:  Iowa Code §§ 279.8, .21, .23A.
 
                                      281 I.A.C. 12.4(5), .4(6), .4(7).

Cross Reference:  301        Administrative Structure
 
                                      303        Administrative Employees

Approved      3/2020                             
Reviewed                                                         
Revised           

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:48

303.06 - Administrator Evaluation

303.06 - Administrator Evaluation

The Superintendent will conduct an ongoing process of evaluating the administrators on their skills, abilities, and competence.  At a minimum, Superintendent will formally evaluate the administrators annually.  The goal of the formal evaluation process is to ensure that the educational program for the students is carried out, ensure student learning goals of the school district are met, promote growth in effective administrative leadership for the school district, clarify the administrator's role as defined by the board and the superintendent, ascertain areas in need of improvement, clarify the immediate priorities of the responsibilities listed in the job description, and develop a working relationship between the superintendent and the administrator.

The superintendent is responsible for designing an administrator evaluation instrument.  The formal evaluation will include written criteria related to the job description.  The superintendent, after receiving input from the administrators, will present the formal evaluation instrument to the board for approval.

The formal evaluation will also include an opportunity for the administrator and the superintendent to discuss the written criteria, the past year's performance and the future areas of growth.  The evaluation is completed by the superintendent, signed by the administrator and filed in the administrator's personnel file.

The principal will be an educational leader who promotes the success of all students by:

  • Facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community. 
  • Advocating, nurturing and sustaining a school culture and instructional program conducive to student learning and staff professional development. 
  • Ensuring management of the organization, operations and resources for a safe, efficient and effective learning environment. 
  • Collaborating with families and community members, responding to diverse community interests and needs and mobilizing community resources.   
  • Acting with integrity, fairness and in an ethical manner.
  • Understanding the profile of the community, and responding to and influencing the larger political, social, economic, legal and cultural context.

It is the responsibility of the superintendent to conduct a formal evaluation of the probationary administrators and nonprobationary administrators prior to May 15.

This policy supports and does not preclude the ongoing informal evaluation of the administrator's skills, abilities and competence.

 

 

Legal Reference:  Iowa Code §§ 279.8, .21-.23A.
 
                                      281 I.A.C. 12.3(3); ch 83.

Cross Reference:  303                                      Administrative Employees

Approved      3/2020     
Reviewed                      
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:49

303.07 - Administrator Professional Development

303.07 - Administrator Professional Development

The board encourages the administrators to continue their professional growth by becoming involved in professional organizations, attending conferences, continuing their education, and participating in other professional activities.

It is the responsibility of the administrators to arrange their schedules in order to attend various conferences and events in which they are involved.  Prior to attendance at an event, the administrator must receive approval from the superintendent.  In the case where overnight travel or unusual expense is involved, the superintendent will bring it to the attention of the board prior to the administrator attending the event.

The administrator will report to the superintendent after an event.

 

 

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

Cross Reference:  302.6                                      Superintendent Professional Development
 
                                      401.7                                      Employee Travel Compensation

Approved     3/2020                              
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:50

303.08 - Administrator Civic Activities

303.08 - Administrator Civic Activities

The board encourages the administrators to be involved in the school district community by belonging to community organizations and by attending and participating in school district community activities.

It is the responsibility of the administrators to become involved in school district community activities and events.  It is within the discretion of the board to pay annual fees for professional organizations and activities.

 

 

Legal Reference:  Iowa Code § 279.8

Cross Reference:  302.7                                      Superintendent Civic Activities

Approved     3/2020      
Reviewed                      
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:51

303.09 -Administrator Consulting/Outside Employment

303.09 -Administrator Consulting/Outside Employment

An administrative position is considered full-time employment.  The board expects administrators to give the responsibilities of their positions in the school district precedence over other employment.  An administrator may accept consulting or outside employment for pay as long as, in the judgment of the board and the superintendent, the work is conducted on the administrator's personal time and it does not interfere with the performance of the administrative duties contracted by the board.

The board reserves the right, however, to request the administrator cease the outside employment as a condition of continued employment.  The board will give the administrator thirty days notice to cease outside employment.

 

 

Legal Reference:  Iowa Code §§ 279.8, .21.

Cross Reference:  303.3                                      Administrator Contract and Contract Nonrenewal
 
                                      303.5                                      Administrator Duties

Approved      3/2020                             
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:51

304 - Administrative Regulations

304 - Administrative Regulations dawn.gibson.cm… Mon, 10/30/2023 - 09:52

304.01 - Development and Enforcement of Administrative Regulations

304.01 - Development and Enforcement of Administrative Regulations

Administrative regulations may be necessary to implement board policy.  It is the responsibility of the superintendent to develop administrative regulations.

In developing the administrative regulations, the superintendent should consult with administrators or others likely to be affected by the regulations.  Once the regulations are developed, employees, students and other members of the school district community will be informed in a manner determined by the superintendent.

The board will be kept informed of the administrative regulations utilized and their revisions.  The board may review and recommend change of administrative regulations prior to their use in the school district if they are contrary to the intent of board policy.

It is the responsibility of the superintendent to enforce administrative regulations.

 

 

Legal Reference:  Iowa Code § 279.8

Cross Reference:  209                                      Board of Directors' Management Procedures
 
                                      304.2                                  Monitoring of Administrative Regulations

Approved       3/2020                            
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:52

304.02 - Monitoring of Administrative Regulations

304.02 - Monitoring of Administrative Regulations

The administrative regulations will be monitored and revised when necessary.  It is the responsibility of the superintendent to monitor and revise the administrative regulations.

The superintendent may rely on the board, administrators, employees, students, and other members of the school district community to inform the superintendent about the effect of and possible changes in the administrative regulations.

 

 

Legal Reference:  Iowa Code §§ 279.8, .20.

Cross Reference:  209                                      Board of Directors' Management Procedures
 
                                      304.1                                  Development and Enforcement of Administrative Regulations

Approved      3/2020                             
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:53

305 - Administrator Code of Ethics

305 - Administrator Code of Ethics

Administrators, as part of the educational leadership in the school district community, represent the views of the school district.  Their actions, verbal and nonverbal, reflect the attitude and the beliefs of the school district.  Therefore, administrators will conduct themselves professionally and in a manner fitting to their position.

Each administrator will follow the code of ethics stated in this policy.  Failure to act in accordance with this code of ethics or in a professional manner, in the judgment of the board, will be grounds for discipline up to, and including, discharge.

The professional school administrator:

  • Makes the education and well-being of students the fundamental value of all decision making.
  • Fulfills all professional duties with honesty and integrity and always acts in a trustworthy and responsible manner.
  • Supports the principle of due process and protects the civil and human rights of all individuals.
  • Implements local, state and national laws.
  • Advises the school board and implements the board's policies and administrative rules and regulations.
  • Pursues appropriate measures to correct those laws, policies, and regulations that are not consistent with sound educational goals or that are not in the best interest of children.
  • Avoids using his/her position for personal gain through political, social, religious, economic or other influences.
  • Accepts academic degrees or professional certification only from accredited institutions.
  • Maintains the standards and seeks to improve the effectiveness of the profession through research and continuing professional development.
  • Honors all contracts until fulfillment, release or dissolution mutually agreed upon by all parties.
  • Accepts responsibility and accountability for one’s own actions and behaviors.
  • Commits to serving others above self.

 

 

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

Cross Reference:  404                                      Employee Conduct and Appearance

Approved     3/2020                              
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:54

306 - Succession of Authority to the Superintendent

306 - Succession of Authority to the Superintendent

In the absence of the superintendent, it is the responsibility of the other administrators to assume the superintendent's duties.  The succession of authority to the superintendent is in this order:

1. High School Principal 

2.  Earlville Elementary Principal                                                                                                                 

3.  Johnston Elementary Principal                                                                                                                 

4.  Delhi Elementary Principal                                                                                                                                                      

If the absence of the superintendent is temporary, the successor will assume only those duties and responsibilities of the superintendent that require immediate action.  If the board determines the absence of the superintendent will be a lengthy one, the board will appoint an acting superintendent to assume the responsibilities of the superintendent.  The successor will assume the duties when the successor learns of the superintendent's absence or when assigned by the superintendent or the board.

References to "superintendent" in this policy manual will mean the "superintendent or the superintendent's designee" unless otherwise stated in the board policy.

 

 

Legal Reference:  Iowa Code § 279.8
 
                                      281 I.A.C. 12.4(4).

Cross Reference:  302                                      Superintendent

Approved      3/2020                             
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:54

307 - Communication Channels

307 - Communication Channels

Questions and problems are resolved at the lowest organizational level nearest to the complaint.  School employees are responsible for conferring with their immediate supervisor on questions and concerns.  Students and other members of the school district community will confer with a licensed employee and then with the principal on questions and concerns.

If resolution is not possible by any of the above, individuals may bring it to the attention of the superintendent within 5 school days of their discussion with the principal.  If there is no resolution or plan for resolution by the superintendent within 15 school days of the individual's discussion with the superintendent, the individual may ask to have the question or problem placed on the board agenda.  It is within the board’s discretion whether to hear the concern.

It will first be the responsibility of the administrators to resolve questions and problems raised by the employees and the students they supervise and by other members of the school district community.

 

 

Legal Reference:  Iowa Code § 279.8

Cross Reference:  213                                      Public Participation in Board Meetings
 
                                      213.1R1                            Public Complaints
 
                                      401.4                                  Employee Complaints
 
                                      502.4                                  Student Complaints and Grievances
 
                                      504.3                                  Student Publications

Approved      3/2020                             
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Mon, 10/30/2023 - 09:55

400 - EMPLOYEES

400 - EMPLOYEES Jen@iowaschool… Mon, 10/02/2023 - 10:03

400 - Role of and Guiding Principles for Employees

400 - Role of and Guiding Principles for Employees

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

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

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

 

 

Approved   5/18/2020                            
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 18:46

401 - Employees and Internal Relations

401 - Employees and Internal Relations dawn.gibson.cm… Tue, 10/10/2023 - 18:47

401.01 - Equal Employment Opportunity

401.01 - Equal Employment Opportunity

The Maquoketa Valley 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.

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

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Maquoketa Valley Community School District, Delhi, Iowa 52223; or by telephoning 562-922-2091. 

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Equal Employment Opportunity Commissions, Milwaukee Area Office, Reuss Federal Plaza, 310 West Wisconsin Ave., Suite 800, Milwaukee, WI., 53203-2292, (800) 669-4000 or TTY (800) 669-6820. http://www.eeoc.gov/field/milwaukee/index.cfm or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or 1-800-457-4416, http://www.state.ia.us/government/crc/index.html.  This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

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

 

 

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

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

Approved      5/18/2020                         
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 18:47

401.02 - Employee Conflict of Interest

401.02 - Employee Conflict of Interest

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 during which the employee performs service or work for the school district.

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

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

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

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

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

 

 

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

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

Approved      5/18/2020             
Reviewed ___________           
Revised ___________                  

 

dawn.gibson.cm… Tue, 10/10/2023 - 18:49

401.03 - Nepotism

401.03 - Nepotism

More than one family member may be an employee of the school district.  It is within the discretion of the superintendent to allow one family member employed by the school district to supervise another family member employed by the school district [subject to the approval of the board].

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

 

 

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

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

Approved    5/18/2020                          
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 18:51

401.04 - Employee Complaints

401.04 - Employee Complaints

Complaints of employees against fellow employees should be discussed directly between employees.  If necessary, complaints will be brought directly to the immediate supervisor, principal or superintendent and will be made in a constructive and professional manner.  Complaints will never be made in the presence of other employees, students or outside persons.

 

 

Legal Reference:  Iowa Code §§ 279.8

Cross Reference:  307        Communication Channels

Approved     5/18/2020                         
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 18:51

401.05 - Employee Records

401.05 - Employee Records

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

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

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

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

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

 

 

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

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

Approved         5/18/2020                      
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 18:52

401.05R1 - Employee Records Regulation

401.05R1 - Employee Records Regulation

Employee Personnel Records Content

1.     Employee personnel records may contain the following information:

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

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

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

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

  • The name and compensation of the individual, including any written agreement establishing compensation or any other terms of employment, except for that information that is otherwise protected. “Compensation” includes the value of benefits conferred including, but not limited to: casualty, disability, life or health insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments, retirement benefits and deferred compensation;
  • The dates the individual was employed by the government body;
  • The positions the individual holds or has held with the government body;
  • The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual’s previous employers, positions previously held and dates of previous employment;
  • The fact that the individual was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal and statutory remedies; and,
  • Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to the Family Educational Privacy Rights Act (FERPA.)

 

Applicant File Records Content

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

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

 

Record Access

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

 

Employee Record Retention

All employee records, except payroll and salary records, are maintained for a minimum of one year after termination of employment with the district.  Applicant records are maintained for a minimum of one year after the position was filled.  Payroll and salary records are maintained for a minimum of three years after payment.

 

dawn.gibson.cm… Tue, 10/10/2023 - 18:53

401.06 - Limitations to Employment References

401.06 - Limitations to Employment References

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

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

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

 

Legal References:     20 U.S.C. §7926
                                  Iowa Code §256
                                  281 I.A.C. 12.3(14)

Cross References:    401.5 Employee Records 
                                  402.2 Child Abuse Reporting
                                  402.3 Abuse of Students by School District Employees
                                  405.2 Licensed Employee Qualifications, Recruitment, Selection
                                  411.2 Classified Employee Qualifications, Recruitment, Selection

Approved       5/18/2020           
Reviewed      7/15/2024       
Revised         7/15/2024       

dawn.gibson.cm… Tue, 10/10/2023 - 18:54

401.07 - Employee Travel Compensation

401.07 - Employee Travel Compensation

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 pre-approved by the superintendent or an immediate supervisor.  Travel outside the school district by the superintendent shall be approved by the board president.

Reimbursement for actual and necessary expenses may 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, itemized 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, itemized 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 the 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 mileage at the rate of $0.45 per mile.  Travel to/from home and work is never a reimbursable travel expense.  Travel costs for a spouse or anyone other than the district employee shall be a personal expense not reimbursed by the district.

 

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 rate of $0.45 per mile.  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.

Travel allowances within the district will be provided only after board approval.  Employees who are allowed a within 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.

 

Use of District-Owned Vehicles

Certain district employment positions may require regular and extensive travel.  Due to the required duties of these positions, the district may provide certain positions with use of district-owned vehicles.  Employees who utilize district-owned vehicles during the course of their job duties are fulfilling the public purpose of meeting the needs of the educational community in an efficient, and time-sensitive manner.  District-owned vehicles are purchased and maintained with public money and must be used strictly in accordance with fulfilling a public purpose.  These vehicles represent the district in carrying out its educational mission.  Therefore, district-owned vehicles will be clearly marked at all times to identify the district. 

The superintendent is responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment and proper use 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.

 

 

Legal Reference:  Iowa Constitution, Art. III, § 31.
   
                                    Iowa Code §§ 70A.9-.11.

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

Approved      5/18/2020                        
Reviewed   11/221/22                                                                 
Revised    11/21/22        

 

dawn.gibson.cm… Tue, 10/10/2023 - 18:56

401.08 - Recognition for Service of Employees

401.08 - Recognition for Service of Employees

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

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

 

 

Legal Reference:  Iowa Const. Art. III, § 31.
   
                                     Iowa Code § 279.8

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

Approved   5/18/2020                           
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 18:57

401.09 - Employee Political Activity

401.09 - Employee Political Activity

Employees will not engage in political activity upon property under the jurisdiction of the board including the use of school district e-mail accounts.  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, general information regarding elections or ballot issues and the use of students for writing or addressing political materials, or the distribution of such materials to or by students are specifically prohibited.

Violation of this policy may be grounds for disciplinary action.

 

 

Legal Reference:  Iowa Code §§ 55; 279.8.

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

Approved   5/18/2020                           
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 18:58

401.10 - Credit and Procurement Cards

401.10 - Credit and Procurement Cards

Employees may use school district credit cards and/or procurement cards (p-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 travel expenses related to professional development or fulfillment of required job duties, 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 or procurement card must submit a detailed, itemized receipt in addition to a credit or procurement 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 or procurement 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 or procurement 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 or procurement card for actual and necessary expenses incurred in the performance of the superintendent's duties.  The transportation director may maintain a school district credit or procurement 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 or procurement 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 or procurement card used 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 or procurement card.  The administrative regulations will include the appropriate forms to be filed for obtaining a credit  or procurement card.

 

 

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

Approved     5/18/2020                         
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 18:59

401.11 - Employee Orientation

401.11 - Employee Orientation

Employees must know their role and duties.  New employees may be required to participate in an orientation program for new employees.  The employee's immediate supervisor 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.  Regular employees ineligible for the school district's group health plan will be given information regarding where they can obtain health care or health care insurance.

 

 

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

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

Approved    5/18/2020                          
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:01

401.12 - Employee Use of Cell Phones

401.12 - Employee Use of Cell Phones

The use of cell phones and other communication devices may be appropriate to provide for the effective and efficient operation of the School district and to help ensure safety and security of people and property while on School district property or engaged in school-sponsored activities.

Employees may possess and use cell phones during the school day as outlined in this policy and as provided in the administrative regulation developed by the superintendent.  Employees should not use cell phones for personal business while on-duty, including staff development times, parent-teacher conferences, etc., except in the case of an emergency or during prep time or break/lunch times.  Employees, except for bus drivers, see below, are prohibited from using cell phones while driving except in the case of an emergency and any such use must comply with applicable state and federal law and district policies and regulations. 

Cell phones are not to be used for conversations involving confidential student or employee information. 

School bus drivers are prohibited from using any communication device while operating the bus except in the case of an emergency, or to call for assistance, after the vehicle has been stopped.  Any such use must comply with applicable state and federal law and district policies and regulations.

Certain positions within the district may require the regular use of cell phones to conduct district business.  These employees may purchase and/or maintain cell phones and related equipment, at their own expense, to make themselves accessible to the district and to conduct district business more efficiently.  The superintendent has discretion to determine which district positions qualify for a cell phone allowance.  The monthly cell phone allowance amount shall be established by the superintendent and/or the board.  Employees who utilize their personal cell phones in accordance with this policy shall do so in accordance with this policy and accompanying procedures.  The cell phone allowance is neither permanent nor guaranteed.  The district reserves the right to rescind the allowance at any time for a violation of district policy or regulation or for any other reason.

Employees violating the policy will be subject to discipline, up to and including, discharge.  It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

 

 

Legal References:  Internal Revenue Comment Notice, 2009-46, http://www.irs.gov/irb/2009-23_IRB/ar07.html
   
                                      Iowa Code §§ 279.8; 321.276.

Cross References:  406       Licensed Employee Compensation and Benefits
                              
           412       Classified Employee Compensation and Benefits     
                                        
707.5    Internal Controls

Approved    5/18/2020                     
Reviewed                                                                         
Revised                 

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:02

401.12R1 - Employee Use of Cell Phones Regulation

401.12R1 - Employee Use of Cell Phones Regulation

Cell phone Usage

1.   Cell phones shall be used in a manner that does not disrupt instruction and should not be used during school-sponsored programs, meetings, in-services, or other events where there exists a reasonable expectation of quiet attentiveness unless there is a reason of personal health or safety involved.

2.   Cell phones should not be used to transmit confidential student or personal information either verbally or written. 

3.   Employees are prohibited from using a cell phone while driving as part of their work duties, unless in the case of an emergency, unless the vehicle has come to a complete stop and the gear is in park. 

 

Cell Phone Business Procedures

School district employees may be reimbursed for use of privately owned cell phones to conduct school district business in accordance with board policy and this regulation, with prior approval of the superintendent.

1.   Requests for reimbursement for authorized use of employee owned cell phones are to be submitted on school district provided forms accompanied by a copy of the billing statement with the school district business related calls highlighted. A notation for each highlighted entry, indicating the nature of the call is required.  The employee’s immediate supervisor must sign-off on the billing statement verifying the calls were school district business related.  School district reimbursement for authorized use of employee owned cell phones will be made in conformance with school district payment procedures.  Requests for reimbursement, including the highlighted billing statement must be submitted within thirty (30) days of the end of the time period for which reimbursement is requested.  Requests submitted after the reimbursement deadline has passed will be denied.

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:03

401.14 - Employee Expression

401.14 - Employee Expression

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 will comply with Iowa law to the extent that compliance does not infringe on employees’ free speech rights.

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

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

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

 

 

Legal Reference:  U.S. Const. Amend. I
                                      
Kennedy v. Bremerton School District, 597 U.S.    (2022)
                                       
Iowa Code §§ 279.73; 280.22

Cross Reference:  401.13         Staff Technology Use/Social Networking
                                        401.13R1   Staff Technology Use/Social Networking Regulation
                                        502.03         Student Expression and Student Publications Code
                                        502.03R1  Student Expression and Student Publications Code Regulation

Approved      10/24/22                            
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:08

402 - Employees and Outside Relations

402 - Employees and Outside Relations dawn.gibson.cm… Tue, 10/10/2023 - 19:12

402.01 - Release of Credit Information

402.01 - Release of Credit Information

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

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

 

 

Legal Reference:  Iowa Code §§ 22.7; 279.8.

Cross Reference:  401.5                                    Employee Records

Approved      5/18/2020                          
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:12

402.02 - Child Abuse Reporting

402.02 - Child Abuse Reporting

In compliance with state law and to provide protection to victims of child abuse, the board believes incidents of alleged child abuse should be reported to the proper authorities. All licensed school employees, teachers, coaches and paraeducators and all school employees 18 years of a are mandatory reporters as provided by law and are to report alleged incidents of child abuse they become aware of within the scope of their professional duties.

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

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

 

 

Legal Reference:  Iowa Code §§ 232.67-.77; 232A; 235A; 280.17.
   
                                    441 I.A.C. 9.2; 155; 175.

Cross Reference:  402.3                                Abuse of Students by School District Employees
   
                                    502.9                                Interviews of Students by Outside Agencies
   
                                    507                                    Student Health and Well-Being

Approved      5/18/2020                   
Reviewed    7/18/22               
Revised      7/17/23             

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:13

402.03 - Abuse of Students by School District Employees

402.03 - Abuse of Students by School District Employees

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

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

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

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

 

Legal Reference:    Iowa Code §§ 232.67, .70, .73, .75; 235A; 256.160; 272A; 280.17; 709; 728.12(1).
                               281 I.A.C. 12.3(6), 102; 103.
                               441 I.A.C. 155; 175.

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

Approved      5/18/2020        
Reviewed       7/15/2024       
Revised         7/15/2024        

dawn.gibson.cm… Tue, 10/10/2023 - 19:14

402.04 - Gifts To Employees

402.04 - Gifts To Employees

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

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

            Is seeking to be, or is a party to, any one or any combination of sales, purchases, leases or contracts to, from or with the school district;

            Will be directly and substantially affected financially by the performance or nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or

            Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.

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

            Contributions to a candidate or a candidate's committee;

            Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;

            Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;

            An inheritance;

            Anything available or distributed to the general public free of charge without regard to the official status of the employee;

            Items received from a charitable, professional, educational or business organization to which the employee belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;

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

            Plaques or items of negligible resale value given as recognition for public service;

            Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;

            Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;

            Funeral flowers or memorials to a church or nonprofit organization;  

           Gifts other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee

            Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;

            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;

            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

               Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions.  The costs of food, drink, lodging and travel are not "registration costs" under this paragraph.  Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.

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

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

            A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or

            A payment made to an employee for services rendered as part of a private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee of the district, but, rather, because of some special expertise or other qualification.

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

 

 

Legal References:  Iowa Code ch. 68B 

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

Approved    5/18/2020              
Reviewed                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:15

402.05 - Required Professional Development for Employees

402.05 - Required Professional Development for Employees

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

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

NOTE:  This requirement exists regardless of the employee’s status as a licensed or classified employee. With the change in law stating that all school employees are now mandatory reporters, this policy language will apply to all employees for at least some training.

 

 

Legal Reference:  Iowa Code § 

Cross Reference:  302.6 Superintendent Professional Development
   
                                    303.7 Administrator Professional Development
   
                                    408.1 Licensed Employee Professional Development

Approved    7/17/23       
Reviewed     7/17/23     
Revised     7/17/23 

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:17

402.06 - Employee Outside Employment

402.06 - Employee Outside Employment

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

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

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

 

 

Legal Reference:  Iowa Code §§ 20.7; 279.8.

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

Approved    5/18/2020                           
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:19

403 - Employee Health and Well Being

403 - Employee Health and Well Being dawn.gibson.cm… Tue, 10/10/2023 - 19:20

403.01 - Employee Physical Examinations

403.01 - Employee Physical Examinations

The Maquoketa Valley Community School District believes good health is important to job performance. School bus drivers will present evidence of good health upon initial hire and every other year in the form of a physical examination report, unless otherwise required by law or medical opinion.

The form indicating the employee is able to perform the duties, with or without reasonable accommodation, for which the employee was hired, must be returned prior to the performance of duties. The cost of bus driver renewal physicals will be paid by the school district up to a maximum of $120.00.  The bus driver must provide proof of DOT physical examination in order to be reimbursed by the district.

Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations to the extent job-related and consistent with business necessity, when requested to do so, at the expense of the school district.

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

 

 

Legal Reference:  29 C.F.R. § 1910.1030.
   
                                    49 C.F.R. §§ 391.41 – 391.49.
                            
            Iowa Code §§ 20; 279.8; 321.376.
                           
            281 I.A.C. 43.15; 43.17.

Cross Reference:  403       Employees' Health and Well-Being

Approved     5/18/2020                 
Reviewed                                                                            
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:20

403.02 - Employee Injury on the Job

403.02 - Employee Injury on the Job

When an employee becomes seriously injured on the job, the employee’s supervisor will attempt to notify a member of the family, or an individual of close relationship, as soon as the employee’s supervisor becomes aware of the injury.

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 inform the superintendent within twenty-four hours of the occurrence.  It is the responsibility of the employee's immediate supervisor to file an accident report within twenty-four hours after the employee reported the injury.

It is the responsibility of the board secretary to file worker’s comp claims.

 

 

Legal Reference:  Iowa Code §§ 85; 279.40; 613.17.

Cross Reference:  403                                    Employees' Health and Well-Being
   
                                    409.2                                    Licensed Employee Personal Illness Leave
   
                                    414.2                                    Classified Employee Personal Illness Leave

Approved      5/18/2020                          
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:21

403.03 - Communicable Diseases - Employees

403.03 - Communicable Diseases - Employees

Employees with a communicable disease will be allowed to perform their customary employment duties provided they are able to perform the essential functions of their position and their presence does not create a substantial risk of illness or transmission to students or other employees.  The term "communicable disease" 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 annually by the superintendent and school nurse.

The health risk to immunodepressed 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.

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 personal 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.

 

 

Legal Reference:  29 U.S.C. §§ 794, 1910.
   
                                    42 U.S.C. §§ 12101 et seq.
   
                                    45 C.F.R. Pt. 84.3.
   
                                    Iowa Code chs. 139A; 141A.
   
                                    641 I.A.C. .1, .2, .7.

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

Approved    5/18/2020               
Reviewed                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:22

403.03E1 - Hepatitis B Vaccine Information and Record

403.03E1 - Hepatitis B Vaccine Information and Record

The Disease

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

 

The Vaccine

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

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

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

 

Dosage and Administration

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

 

Possible Vaccine Side Effects

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

 

CONSENT FORM OF HEPATITIS B VACCINATION

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

___________________________________________     _______________________________
Signature of Employee (consent for Hepatitis B vaccination)               Date

 

___________________________________________     _______________________________
Signature of Witness                                                                                                      Date

 

 

REFUSAL FORM OF HEPATITIS B VACCINATION

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

___________________________________________     _______________________________
Signature of Employee (refusal for Hepatitis B vaccination)                 Date

 

___________________________________________     _______________________________
Signature of Witness                                                                                                      Date

 

I refuse because I believe I have (check one)

                  started the series                                              completed the series

 

 

RELEASE FORM FOR HEPATITIS B MEDICAL INFORMATION

I hereby authorize                                           (individual or organization holding Hepatitis B records and address) to release to the                                Community School District, my Hepatitis B vaccination  records for required employee records.

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

 

___________________________________________     _______________________________
Signature of Employee                                                                                          Date

 

___________________________________________     _______________________________
Signature of Witness                                                                                               Date

 

HEPATITIS B VACCINE INFORMATION AND RECORD

 

CONFIDENTIAL RECORD

___________________________________________     _______________________________
Employee Name (last, first, middle)                                                                                     Social Security Number

Job Title:  ______________________________________________________________________________

     Hepatitis B Vaccination Date                             Lot Number                            Site                                       Administered by
1.  _______________________________      _________________     _________________     ____________________________
2.  _______________________________      _________________     _________________     ____________________________
3.  _______________________________      _________________     _________________     ____________________________

Additional Hepatitis B status information:
________________________________________________________________________________________________________
________________________________________________________________________________________________________

________________________________________________________________________________________________________
 

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

________________________________________________________________________________________________________
 

Identification and documentation of source individual:
________________________________________________________________________________________________________

 

Source blood testing consent:
________________________________________________________________________________________________________

 

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

________________________________________________________________________________________________________
 

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

​​​​​​​________________________________________________________________________________________________________
 

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

Training Record: (date, time, instructor, location of training summary)
​​​​​​​________________________________________________________________________________________________________

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:23

403.03R1 - Universal Precautions Regulation

403.03R1 - Universal Precautions Regulation

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

 

Hand Washing

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

    Hands should be washed before physical contact with individuals and after contact is completed.

    Hands should be washed after contact with any used equipment.

    If hands (or other skin) come into contact with blood or body fluids, hands should be washed immediately before touching anything else.

    Hands should be washed whether gloves are worn or not and, if gloves are worn, after the gloves are removed.

 

Barriers

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

 

Disposal of Waste

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

 

Clean up

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

          Wear gloves.

          Clean up the spill with paper towels or other absorbent material.

          Use a solution of one part household bleach to one hundred parts of water (1:100) or other EPA-approved disinfectant and use it to wash the area well.

          Dispose of gloves, soiled towels and other waste in a plastic bag.

          Clean and disinfect reusable supplies and equipment.

 

Laundry

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

 

Exposure

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

          Always wash the exposed area immediately with soap and water.

          If a mucous membrane splash (eye or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly.

          If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.

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

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:34

403.04 - Hazardous Chemical Disclosure

403.04 - Hazardous Chemical Disclosure

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

Each employee will annually review information about hazardous substances in the workplace.  When a new employee is hired or transferred to a new position or work site, the information and training, if necessary, 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 superintendent will maintain a file indicating which hazardous substances are present in the workplace and when training and information sessions take place.

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

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

 

 

Legal Reference:  29 C.F.R. Pt. 1910; 1200 et seq.
   
                                    Iowa Code chs. 88; 89B.

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

Approved     5/18/2020                          
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:35

403.05 - Substance-Free Workplace

403.05 - Substance-Free Workplace

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

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

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

 

 

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

Cross Reference:  404                       Employee Conduct and Appearance

Approved     5/18/2020                          
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:36

403.05E1 - Substance-Free Workplace Notice to Employees

403.05E1 - Substance-Free Workplace Notice to Employees

EMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace policy for an employee to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcohol, as defined in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 and Iowa Code Chapter 124.

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

Employees who violate the terms of the Substance-Free Workplace policy may be required to successfully participate in a substance abuse treatment program approved by the board.  The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy.  If the employee fails to successfully participate in such a program the employee is subject to discipline up to and including termination.

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

 

-----------------------------------------------------------------------------------------------------------------------------

 

SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM

 

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

 

_________________________________________     ____________________________
(Signature of Employee)                                                                                       (Date)

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:37

403.05R1 - Substance-Free Workplace Regulation

403.05R1 - Substance-Free Workplace Regulation

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

1.   Identification - the superintendent will document the evidence the superintendent has which leads the superintendent to conclude the employee has violated the Substance-Free Workplace policy.  After the superintendent has determined there has been a violation of the Substance-Free Workplace policy, the superintendent will discuss the problem with the employee.

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

3.   Failure to participate in referral – if the employee refuses to participate in a substance abuse treatment program or if the employee does not successfully complete a substance abuse treatment program, the employee may be subject to discipline up to and including termination.

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

 

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:38

403.06 - Drug and Alcohol Testing Program

403.06 - Drug and Alcohol Testing Program

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 business official at the central office..

Employees who violate the terms of this policy may be subject to discipline up to and including termination.  Employees who violate this policy bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and a substance abuse treatment program recommended by the substance abuse professional.  Employees who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be 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 inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.

The superintendent will also be responsible for publication and dissemination of this policy and supporting administrative regulations and forms to employees operating school vehicles.  The superintendent will also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.

IASB Drug and Alcohol Testing Program (IDATP) Web site: 

https://www.ia-sb.org/Main/Affiliated_Programs/Iowa_Drug_Alcohol_Testing_Program.aspx.

 

 

Legal Reference:  American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 Cir. (4th 1995).
                                       49 U.S.C. §§ 5331 et seq.
                                       42 U.S.C. §§ 12101.

                                       41 U.S.C. §§ 81.
                                       49 C.F.R. Pt. 40; 382; 39.
                                       34 C.F.R. Pt. 85.
                                       Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington, PERB No. 3876 (3-26-91).
                                       Iowa Code §§ 124; 279.8; 321.375(2); 730.5.

Cross Reference:  403.5    Substance-Free Workplace
                                       409.2    Licensed Employee Personal Illness Leave
   
                                    414.2    Classified Employee Personal Illness Leave       

Approved     5/18/2020                          
Reviewed                                           
Revised  __________

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:39

403.06E1 - Drug and Alcohol Testing Program Notice to Employees

403.06E1 - Drug and Alcohol Testing Program Notice to Employees

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

Employees who operate school vehicles 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, "employees" also includes applicants who have been offered a position to operate a school vehicle.  The employees operating a school vehicle are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program.

It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements.  Employees with questions regarding the drug and alcohol testing requirements will contact the school district contact person.

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

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

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

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination.  As a condition of continued employment, employees violating this policy, its supporting documents or the law bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and, a substance abuse treatment program recommended by the substance abuse professional.  Employees required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:42

403.06E2 - Drug & Alcohol Program and Pre-Employment Testing Acknowledgement Form

403.06E2 - Drug & Alcohol Program and Pre-Employment Testing Acknowledgement Form

I,   Name of Employee   ), have received a copy, read and understand the Drug and Alcohol Testing Program policy of the ________________________ School District and its supporting documents. 

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents or the law, I may be subject to discipline up to and including termination.

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

 In addition, I have received a copy of the U.S. DOT publication, “What Employees Need to Know about DOT Drug & Alcohol Testing,” and have read and understand its contents.

Furthermore, I know and understand that I am required to submit to a controlled substance (drug) test, the results of which must be received by this employer before being employed by the school district and before being allowed to perform a safety-sensitive function.  I also understand that if the results of the pre-employment test are positive, that I will not be considered further for employment with the school district.

I further understand that drug and alcohol testing records and information about me are confidential, and may be released at my request or in accordance with the district’s drug and alcohol testing program policy, its supporting documents or the law.

__________________________________________________               ________________________
(Signature of Employee)                                                                                                      (Date)

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:43

403.06E3 - Drug & Alcohol Program and Pre-Employment Testing Written Consent to Share Information

403.06E3 - Drug & Alcohol Program and Pre-Employment Testing Written Consent to Share Information

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

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

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

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

                                

__________________________________________________               ________________________
(Signature of Employee)                                                                                                       (Date)

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:44

404 - Employee Conduct and Appearance

404 - Employee Conduct and Appearance

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

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

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

 

 

Legal Reference:  Iowa Code § 279.8
   
                                    282 I.A.C. 13.25, .26.

Cross Reference:  104                Anti-Bullying/Harassment
                                       305                Administrator Code of Ethics
   
                                    401.11         Employee Orientation
   
                                    403.5            Substance-Free Workplace
                                       407                Licensed Employee Termination of Employment
                                       413                Classified Employee Termination of Employment

Approved   5/18/2020                            
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:45

404.R1 - Employee Conduct Regulation

404.R1 - Employee Conduct Regulation

CHAPTER 25

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

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

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

“Board” means the Iowa board of educational examiners.

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

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

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

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

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

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

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

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

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

“Teacher” means any person engaged in the instructional program for prekindergarten through grade 12 children, including a person engaged in teaching, administration, and supervision, and who is required by law to be licensed for the position held.

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

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

25.3(1) Standard I—conviction of crimes, sexual or other immoral conduct with or toward a student, and child and dependent adult abuse. Violation of this standard includes:
a
.  Fraud. Fraud means the same as defined in rule 282—25.2(272).
b.  Criminal convictions. The commission of or conviction for a criminal offense as defined by Iowa law provided that the offense is relevant to or affects teaching or administrative performance.
     (1)  
Disqualifying criminal convictions. The board shall deny an application for licensure and shall revoke a previously issued license if the applicant or licensee has, on or after July 1, 2002, been convicted of, has pled guilty to, or has been found guilty of the following criminal offenses, regardless of whether the judgment of conviction or sentence was deferred:
          1.  
Any of the following forcible felonies included in Iowa Code section 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping;
          2.  Any of the following criminal sexual offenses, as provided in Iowa Code chapter 709, involving a child:

  • First-, second- or third-degree sexual abuse committed on or with a person who is under the age of 18;
  • Lascivious acts with a child;
  • Assault with intent to commit sexual abuse;
  • Indecent contact with a child;
  • Sexual exploitation by a counselor;
  • Lascivious conduct with a minor;
  • Sexual exploitation by a school employee;
  • Enticing a minor under Iowa Code section 710.10; or
  • Human trafficking under Iowa Code section 710A.2;

          3.  Incest involving a child as prohibited by Iowa Code section 726.2;
          4.  Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code section 728.2;
          5.  Telephone dissemination of obscene material to minors as prohibited by Iowa Code section 728.15;
          6.  Any offense specified in the laws of another jurisdiction, or any offense that may be prosecuted in a federal, military, or foreign court, that is comparable to an
               offense listed in subparagraph 25.3(1)“b”(1); or

          7.  Any offense under prior laws of this state or another jurisdiction, or any offense under prior law that was prosecuted in a federal, military, or foreign court, that
               is comparable to an offense listed in subparagraph 25.3(1)“b”(1).

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

          1.  The nature and seriousness of the crime or founded abuse in relation to the position sought;
          2.  The time elapsed since the crime or founded abuse was committed;
          3.  The degree of rehabilitation which has taken place since the crime or founded abuse was committed;
          4.  The likelihood that the person will commit the same crime or abuse again;
          5.  The number of criminal convictions or founded abuses committed; and
          6.  Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.

c.  Sexual involvement or indecent contact with a student. Sexual involvement includes, but is not limited to, the following acts, whether consensual or nonconsensual: fondling or touching the inner thigh, groin, buttocks, anus or breasts of a student; permitting or causing to fondle or touch the practitioner’s inner thigh, groin, buttocks, anus, or breasts; or the commission of any sex act as defined in Iowa Code section 702.17.

d.  Sexual exploitation of a minor. The commission of or any conviction for an offense prohibited by Iowa Code section 728.12, Iowa Code chapter 709 or 18 U.S.C. Section 2252A(a)(5)(B).

e.  Student abuse. Licensees shall maintain professional relationships with all students, both inside and outside the classroom. The following acts or behavior constitutes unethical conduct without regard to the existence of a criminal charge or conviction:

          1.  Committing any act of physical abuse of a student;
          2.  Committing any act of dependent adult abuse on a dependent adult student;
          3.  Committing or soliciting any sexual or otherwise indecent act with a student or any minor;
          4.  Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student;
          5.  Furnishing alcohol or illegal or unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal or
               unauthorized drugs in the presence of the licensee;

          6.  Failing to report any suspected act of child or dependent adult abuse as required by state law; or
          7.  Committing or soliciting any sexual conduct as defined in Iowa Code section 709.15(3)“b” or soliciting, encouraging, or consummating a romantic
               relationship with any person who was a student within 90 days prior to any conduct alleged in the complaint, if that person was taught by the practitioner or
               was supervised by the practitioner in any school activity when that person was a student.

25.3(2) Standard II—alcohol or drug abuse. Violation of this standard includes:

a.  Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming illegal or unauthorized drugs or abusing legal drugs.

b.  Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming alcohol.

25.3(3) Standard III—misrepresentation, falsification of information. Violation of this standard includes:

a.  Falsifying or deliberately misrepresenting or omitting material information regarding professional qualifications, criminal history, college credit, staff development credit, degrees, academic award, or employment history when applying for employment or licensure.

b.  Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.

c.  Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.

d.  Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282—Chapter 20.

e.  Falsifying or deliberately misrepresenting or omitting material information regarding the evaluation of students or personnel, including improper administration of any standardized tests, including, but not limited to, changing test answers, providing test answers, copying or teaching identified test items, or using inappropriate accommodations or modifications for such tests.

25.3(4) Standard IV—misuse of public funds and property. Violation of this standard includes:

a.  Failing to account properly for funds collected that were entrusted to the practitioner in an educational context.

b.  Converting public property or funds to the personal use of the practitioner.

c.  Submitting fraudulent requests for reimbursement of expenses or for pay.

d.  Combining public or school-related funds with personal funds.

e.  Failing to use time or funds granted for the purpose for which they were intended.

25.3(5) Standard V—violations of contractual obligations.

a.  Violation of this standard includes:

          1.  Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract,
               unless the practitioner provided notice to the practitioner’s employing board as set forth in subparagraph 25.3(5)“b”(2).

          2.  Abandoning a written professional employment contract without prior unconditional release by the employer.
          3.  As an employer, executing a written professional employment contract with a practitioner which requires the performance of duties that the practitioner is not 
               legally qualified to perform.

          4.  As a practitioner, executing a written professional employment contract which requires the performance of duties that the practitioner is not legally qualified
               to perform.

b.  In addressing complaints based upon contractual obligations, the board shall consider factors beyond the practitioner’s control. For purposes of enforcement of this standard, a practitioner will not be found to have abandoned an existing contract if:

     (1)  The practitioner obtained a release from the employing board before discontinuing services under the contract; or
     (2)  The practitioner provided notice to the employing board no later than the latest of the following dates:

          1.  The practitioner’s last work day of the school year;
          2.  The date set for return of the contract as specified in statute; or
          3.  June 30.

25.3(6) Standard VI—unethical practice toward other members of the profession, parents, students, and the community. Violation of this standard includes:

  1.  

a.  Denying the student, without just cause, access to varying points of view.
b.  Deliberately suppressing or distorting subject matter for which the educator bears responsibility.
c.  Failing to make reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.
d.  Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.
e.  Engaging in any act of illegal discrimination, or otherwise denying a student or practitioner participation in the benefits of any program on the grounds of race, creed, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.
f.  Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.
g.  Accepting gifts from vendors or potential vendors where there may be the appearance of or an actual conflict of interest.
h.  Intentionally disclosing confidential information including, but not limited to, unauthorized sharing of information concerning student academic or disciplinary records, health and medical information, assessment or testing results, or family income. Licensees shall comply with state and federal laws and local school board policies relating to the confidentiality of student records, unless disclosure is required or permitted by law.
i.  Refusing to participate in a professional inquiry when requested by the board.
j.  Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.
k.  Failing to self-report to the board within 60 days any founded child abuse report, or any conviction for a criminal offense listed in 25.3(1)“b”(1) which requires revocation of the practitioner’s license.
l.  Delegating tasks to unqualified personnel.
m.  Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.
n.  Allowing another person to use one’s practitioner license for any purpose.
o.  Performing services beyond the authorized scope of practice for which the individual is licensed or prepared or performing services without holding a valid license.
p.  Falsifying, forging, or altering a license issued by the board.
q.  Failure of the practitioner holding a contract under Iowa Code section 279.13 to disclose to the school official responsible for determining assignments a teaching assignment for which the practitioner is not properly licensed.
r.  Failure of a school official responsible for assigning licensed practitioners holding contracts under Iowa Code section 279.13 to adjust an assignment if the practitioner discloses to the official that the practitioner is not properly licensed for an assignment.

25.3(7) Standard VII—compliance with state law governing obligations to state or local governments, child support obligations, and board orders. Violation of this standard includes:

a.  Failing to comply with 282—Chapter 8 concerning payment of debts to state or local governments.
b.  Failing to comply with 282—Chapter 10 concerning child support obligations.
c.  Failing to comply with a board order.

25.3(8) Standard VIII—incompetence. Violation of this standard includes, but is not limited to:

a.  Willfully or repeatedly departing from or failing to conform to the minimum standards of acceptable and prevailing educational practice in the state of Iowa.
b.  Willfully or repeatedly failing to practice with reasonable skill and safety.

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:46

404.R2 - Code of Rights and Responsibilities Regulation

404.R2 - Code of Rights and Responsibilities Regulation

chapter 26
 

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

 

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

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

2.      The educator has a right to refuse assignments for which the educator is not legally authorized, in terms of holding a valid Iowa license with the appropriate endorsement(s) or approval(s).

3.      The educator has a right, subject to board and administrator authority, to exercise professional judgment in the evaluation, selection, and use of teaching methods and instructional materials appropriate to the needs, abilities, and background of each student.

 

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

1.      The educator has a responsibility to maintain and improve the educator’s professional competence.

2.      The educator has a responsibility to accept only those assignments for which the educator is legally authorized.

3.      The educator has a responsibility to provide conditions that are conducive to teaching and student learning.

4.      The educator shall protect students from conditions harmful to learning or to health or safety.

5.      The educator shall not, without just cause, restrain a student from independent action in the pursuit of learning and shall not, without just cause, deny a student access to varying points of view.

6.      The educator shall not use professional relationships with students for personal advantage.

7.      The educator shall not discriminate against any student on the grounds of race, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.

8.      The educator shall accord just and equitable treatment to all members of the profession.

9.      The educator shall keep in confidence personally identifiable information regarding a student or the student’s family members that has been obtained in the course of professional service, unless disclosure is required by law or is necessary for the personal safety of the student or others.

10.     The educator who has reasonable basis to believe that a student has been abused, as defined by law, shall make all reports required by law and the Iowa Administrative Code and which are necessary to ensure the safety and well-being of the student.

11.     In the administration of discipline, the educator shall treat all students with respect and in compliance with all policies of the school district served by the educator.

12.     The educator shall provide accurate, truthful, and complete information to the board and to the local education system concerning all licensure transactions.

13.     The educator shall not refuse to participate in a professional inquiry, when requested by the board.

14.     The educator shall not require or direct another educator to violate any provisions of the code of professional conduct and ethics or any rights of a student, parent, educator or citizen.

15.     The educator shall not delegate assigned tasks to unqualified personnel.

 

dawn.gibson.cm… Tue, 10/10/2023 - 19:59

405 - Licensed Employees - General

405 - Licensed Employees - General dawn.gibson.cm… Tue, 10/10/2023 - 20:00

405.01 - Licensed Employee Defined

405.01 - Licensed Employee Defined

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

It 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.

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

 

 

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

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

Approved      5/18/2020                         
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:01

405.02 - Licensed Employee Qualifications, Recruitment, Selection

405.02 - Licensed Employee Qualifications, Recruitment, Selection

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

    Training, experience, and skill;

    Nature of the occupation;

               Demonstrated competence; and

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

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

The board 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.

 

 

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.

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

Approved      5/18/2020             
Reviewed                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:02

405.03 - Licensed Employee Individual Contracts

405.03 - Licensed Employee Individual Contracts

The board will enter into a written contract with licensed employees, other than administrators, employed on a regular basis.  Each contract will be for a period of one year.

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.

 

 

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.

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

Approved     5/18/2020                          
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:04

405.04 - Licensed Employee Continuing Contracts

405.04 - Licensed Employee Continuing Contracts

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

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

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

 

 

Legal Reference:  Ar-We-Va Community School District v. Long and Henkenius, 292 N.W.2d 402 (Iowa 1980).
   
                                    Bruton v. Ames Community School District, 291 N.W.2d 351 (Iowa 1980).
   
                                    Hartman v. Merged Area VI Community College, 270 N.W.2d 822 (Iowa 1978).
   
                                    Keith v. Community School District of Wilton in the Counties of Cedar and Muscatine, 262 N.W.2d 249 (Iowa 1978).
   
                                    Iowa Code §§ 20; 272; 279.

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

Approved   5/18/2020                            
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:05

405.05 - Licensed Employee Work Day

405.05 - Licensed Employee Work Day

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

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

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

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

 

 

Legal Reference:  Iowa Code §§ 20; 279.8

Cross Reference:  200.2                                    Powers of the Board of Directors

Approved      5/18/2020             
Reviewed                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:06

405.06 - Licensed Employee Assignment

405.06 - Licensed Employee Assignment

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

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

 

 

Legal Reference:  Iowa Code §§ 20; 279.8

Cross Reference:  200.2             Powers of the Board of Directors

Approved      5/18/2020                         
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:07

405.07 - Licensed Employee Transfers

405.07 - Licensed Employee Transfers

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

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

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

 

 

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

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

Approved     5/18/2020                          
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:08

405.08 - Licensed Employee Evaluation

405.08 - Licensed Employee Evaluation

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

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

Licensed employees will be required to:

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

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

 

 

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

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

Approved     5/18/2020                          
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:09

405.09 - Licensed Employee Probationary Status

405.09 - Licensed Employee Probationary Status

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

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

 

 

Legal Reference:  Iowa Code §§ 279

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

Approved    5/18/2020                           
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:10

406 - Licensed Employees Compensation and Benefits

406 - Licensed Employees Compensation and Benefits dawn.gibson.cm… Tue, 10/10/2023 - 20:11

406.01 - Licensed Employee Compensation

406.01 - Licensed Employee Compensation

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

It 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.

 

 

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

Cross Reference:  405                                    Licensed Employees - General
   
                                    406.2                                Licensed Employee Compensation Advancement

Approved   5/18/2020                           
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:12

406.02 - Licensed Employee Compensation Advancement

406.02 - Licensed Employee Compensation Advancement

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

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

 

 

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

Cross Reference:  405                                    Licensed Employees - General
   
                                    406                                    Licensed Employee Compensation and Benefits

Approved    5/18/2020               
Reviewed                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:12

406.03 - Licensed Employee Continued Education Credit

406.03 - Licensed Employee Continued Education Credit

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

Licensed employees who wish to obtain additional education for advancement must notify their supervisor by September 10th.  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.

 

 

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

Cross Reference:  405                                    Licensed Employees - General
   
                                    406                                    Licensed Employee Compensation and Benefits

Approved     5/18/2020                          
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:13

406.04 - Licensed Employee Compensation for Extra Duty

406.04 - Licensed Employee Compensation for Extra Duty

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

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

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

 

 

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

Cross Reference:  405                                    Licensed Employees - General
   
                                    406                                    Licensed Employee Compensation and Benefits

Approved     5/18/2020                          
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:14

406.05 - Licensed Employee Group Benefits

406.05 - Licensed Employee Group Benefits

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. See the Master Contract for more information.

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

 

 

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

Approved   5/18/2020                            
Reviewed                                                                               
Revised                  

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:15

406.06 - Licensed Employee Tax Shelter Programs

406.06 - Licensed Employee Tax Shelter Programs

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

Licensed employees wishing to have payroll deductions for tax-sheltered annuities will make a written request to the business manager.   A salary reduction agreement must also be presented to the business manager before deductions can be made.

 

 

Legal Reference:  Iowa Code §§ 260C; 273; 294.16.                                                                           

Cross Reference:  706 Payroll Procedures

Approved      5/18/2020                         
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:16

407 - Licensed Employee Termination of Employment

407 - Licensed Employee Termination of Employment dawn.gibson.cm… Tue, 10/10/2023 - 20:17

407.01 - Licensed Employee Resignation

407.01 - Licensed Employee Resignation

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

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

 

 

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

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

                                       407                 Licensed Employee Termination of Employment

Approved      5/18/2020                        
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:17

407.02 - Licensed Employee Contract Release

407.02 - Licensed Employee Contract Release

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

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

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

 

 

Legal Reference:  Iowa Code §§ 216; 272; 279.13, .19A, .46.

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

Approved      5/18/2020                         
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:19

407.03 - Licensed Employee Retirement

407.03 - Licensed Employee Retirement

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.  The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent.  Applications made after the date set by the board for the return of the employee's contract to the board may be considered by the board if special circumstances exist.  It 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.

 

 

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

Cross Reference:  407.6                                    Licensed Employee Early Retirement

Approved   5/18/2020                           
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:20

407.04 - Licensed Employee Suspension

407.04 - Licensed Employee Suspension

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

 

 

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; 279.13, .15-.19, .27.

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

Approved      5/18/2020                         
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:20

407.05 - Licensed Employee Reduction in Force

407.05 - Licensed Employee Reduction in Force

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

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

It is the responsibility of the superintendent to make a recommendation for termination to the board.  The process for reduction in force shall be as outlined in the Employee Handbook.

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

 

 

Legal Reference:  Iowa Code §§ 20; 279.

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

Approved     5/18/2020                          
Reviewed                                                                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:21

408 - Licensed Employees Professional Growth

408 - Licensed Employees Professional Growth dawn.gibson.cm… Tue, 10/10/2023 - 20:23

408.01 - Licensed Employee Professional Development

408.01 - Licensed Employee Professional Development

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

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 of the superintendent must be obtained prior to attendance by a licensed employee in a professional development program when the attendance would result in the licensed employee being excused from their duties or when the school district pays the expenses for the program.

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

 

 

Legal Reference:  Iowa Code § 279.8; 294.
   
                                    281 I.A.C. 12.7; 83.6(1)(f)

Cross Reference:  414.9                                    Classified Employee Professional Purposes Leave

Approved   5/18/2020                           
Reviewed      10/24/22                                                                         
Revised     7/17/23               

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:24

408.02 - Licensed Employee Publication or Creation of Materials

408.02 - Licensed Employee Publication or Creation of Materials

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.

 

 

Legal Reference:  17 U.S.C. § 101 et al.
   
                                    Iowa Code § 279.8

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

Approved     5/18/2020             
Reviewed                               
Revised                   

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:24

408.03 - Licensed Employee Tutoring

408.03 - Licensed Employee Tutoring

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

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

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

 

 

Legal Reference:  Iowa Code §§ 20.7; 279.8.

Cross Reference:  401.2                                    Employee Conflict of Interest
   
                                    402.7                                    Employee Outside Employment

Approved    5/18/2020              
Reviewed                      
Revised                 

 

dawn.gibson.cm… Tue, 10/10/2023 - 20:25

409 - Employee Vacations and Leaves of Absence

409 - Employee Vacations and Leaves of Absence dawn.gibson.cm… Tue, 10/10/2023 - 20:26

409.01 - Employee Vacation - Holidays

409.01 - Employee Vacation - Holidays

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

Vacation for full-time regular employees who work at least 245 days a year, unless the employee's individual contract indicates otherwise, will be 5 days per year after 90 days of employment, 10 days per year after one year of employment and 15 per year days after 15 years of employment.  Unused vacation will not be allowed to be carried over, unless the employee’s individual contract indicates otherwise.

The vacation may be taken during the school year provided the vacation will not disrupt the operation of the school district.  The emplo