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. 14^th 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                   

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                   

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       

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        

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                   

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                   

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                   

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                   

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                   

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             

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        

        ∙    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                   

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 

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                   

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                   

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                   

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                   

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                   

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 board.  If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination. 

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

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

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                   

Legal Reference:  American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3^rd 405 Cir. (4^th 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  __________

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.

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.

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                   

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                   

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                   

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                   

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                   

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                   

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                   

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                   

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                   

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                   

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                   

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                   

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                   

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                   

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                   

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                   

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                   

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               

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                   

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                 

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 employee must submit a vacation request to the superintendent, who will determine whether the request will disrupt the operation of the school district.  In the case of the superintendent's request, the board will make the determination.

Regular full-time employees who work at least 245 days a year will be allowed 10 holidays per year.  It is within the discretion of the board to set the holidays annually.

Employees who work during the school academic year, whether full-time or part-time, will have time off in concert with the school calendar. 

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

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

Cross Reference:  601.1                                    School Calendar

Approved     5/18/20                 
Reviewed      3.27.23           
Revised     3.27.23              

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

• Personal Illness (Sick) Leave – Leave for medically-related disability or illness
• Family Sick Leave_- Leave to care for a sick member of the employee’s immediate family
• Bereavement Leave – Leave to mourn the loss of a family member or close friend
• Personal Leave – Leave to accomplish personal business that cannot be conducted outside the work day
• Jury Duty Leave – Leave to be excused for jury duty
• Professional Leave - Leave to attend educational meetings or visit other schools
• Association Leave - Leave to attend conferences of the ISEA, NEA of JDC

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

• Personal Illness (Sick) Leave – Leave for medically-related disability or illness
• Family Sick Leave – Leave to care for a sick member of the employee’s immediate family
• Bereavement Leave – Leave to mourn the loss of a family member or close friend
• Personal Leave – Leave to accomplish personal business that cannot be conducted outside the work day
• Jury Duty Leave – Leave to be excused for jury duty
• Professional Leave - Leave to attend educational meetings or visit other schools

The provisions of each leave offering will be detailed in [the Master Contract and/or Employee Handbook].

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

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

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

Approved                                              
Reviewed                                                                               
Revised                   

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, a year is defined as a fixed 12 month period beginning July 1st through June 30th.  Requests for family and medical leave will be made to the superintendent. 

Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.  Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.  It is the responsibility of the superintendent to develop administrative rules to implement this policy. 

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

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

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

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

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

Cross Reference:  409.2  Employee Leaves of Absence

Approved                      
Reviewed                      
Revised