EQUAL EMPLOYMENT OPPORTUNITY

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

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

Advertisements and notices for vacancies within the district will contain the following statement: "The Harlan Community School District is an equal employment opportunity/affirmative action employer."  The statement will also appear on application forms.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Harlan Community School District, Harlan, Iowa or by telephoning (712) 755-2152.

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 (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 (2012).
42 U.S.C. §§ 2000e et seq. (2012).
42 U.S.C. §§ 12101 et seq. (2012).
Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8 (2013).
281 I.A.C. 12.4; 14.1; 95.                              

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

Adopted: Unknown
Revised/Reviewed: 1.20.2020

Reviewed:  06.20.2022

EMPLOYEE CONFLICT OF INTEREST

Employees use of their position with the School District for financial gain shall be considered a conflict of interest with their position as employees and may subject employees to disciplinary action.

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

Employees shall not act as an agent or dealer for the sale of textbooks or other school supply companies doing business with the school district. Employees will not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents. Employees shall not engage in outside work or activities where the source of information concerning the customer, client, or employer originates from information obtained because of the employee’s position in the school district.

It shall 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 shall 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 uniform, business card or other evidence of office to give the employee or member of 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 of 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 in which the employee performs service or work for the School District.
3. The outside employment or activity is subject to the official control, inspection, review, audit, or enforcement authority of the employee, during the performance of the employee’s duties.

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

            •           Cease the outside employment or activity;

            or

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

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

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

Legal Reference:      
7 C.F.R. 3016.36(3) (2012).
Iowa Code §§ 20.7; 68B; 279.8; 301.28 (2013).

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

Adopted: Unknown
Revised/Reviewed: 1.20.2020

Reviewed:  06.20.2022

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 (2013).

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

Adopted: 3.1.1979
Revised/Reviewed: 1.20.2020

Reviewed:  06.20.2022​​​​​​​

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.

If complaint is not resolved, refer to policy 307 Communication Channels for additional information.

 

Legal Reference:       
Iowa Code §§ 279.8

Cross Reference:     
307 Communication Channels

Adopted: Unknown
Revised/Reviewed: 1.20.2020

Reviewed:  06.20.2022

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 (2013). 

Reviewed:  06.20.2022​​​​​​​

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

Adopted: 8.30.1993
Revised/Reviewed: 1.6.2020

 

 LIMITATIONS TO EMPLOYMENT REFERENCES

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

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

·        the matter has been officially closed by the law enforcement agency;

·        the individual is acquitted or otherwise exonerated of the alleged misconduct; or

·        more than four years has passed since the case was opened, and no charges or indictment have been filed.
    

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

Cross References:     
401.5 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

Adopted: 1.20.2020

Reviewed:  06.20.2022​​​​​​​

EMPLOYEE TRAVEL COMPENSATION

Employees traveling on behalf of the school district and performing approved school business will be reimbursed for their actual and necessary expenses.  Whenever possible travel should be made in a school district vehicle.  Actual and necessary travel expense will include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses, and registration. 

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. 

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 allowed 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 300 miles of the school district administrative office will be by automobile. Travel should be made in a school district vehicle, however, if a school district vehicle is not available, the employee will be reimbursed mileage at the rate of $.39/mile.  Travel to/from home and work is never a reimbursable travel expense.  Pre-approved expenses for transportation outside of 300 miles of the administrative office shall be by public carrier.  Reimbursement for air travel shall be at the tourist class fares.  Should an employee choose to travel by automobile, reimbursement shall be the lesser of $.39/mile or the cost of the public carrier amount.  Pre-approved expenses for transportation in a rental car is limited to the cost of a Class "C" rental car at a medium-priced agency unless the number of people traveling on behalf of the school district warrant a larger vehicle.

Pre-approved expenses for lodging is limited to the rate of a medium priced hotel in the area for out of state travel and the state approved rate for lodging within the state; lodging may be approved for a larger amount if special circumstances require the employee to stay at a particular hotel.

Reimbursement for actual meal expenses for travel outside the school district will be limited to the pre-approved expenses for allowable meal expenses. Allowable expenses for meals shall be the reasonable actual costs, verified with receipts. Pre-approved expenses for meals within the state are limited to $30/per day with an overnight stay.  Expenses for meals outside the state are subject to the rate of $45/per day with an overnight stay.  Meals may be pre-approved for a larger amount at the discretion of the board. 

Adopted 8.26.1991
Revised/Reviewed: 1.20.2020

Reviewed:  06.20.2022

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 (2013).
1980 Op. Att'y Gen. 102. 
 

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

Adopted: 1.20.2020

Reviewed:  06.20.2022​​​​​​​

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 (2013).

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

Adopted: Unknown
Revised/Reviewed: 1.20.2020

 

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 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 (2013).
281 I.A.C. 12.3(1).

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

Adopted: Unknown
Revised/Reviewed: 1.20.2020

Reviewed:  07.18.22

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 Board Secretary.  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 (2013).
191 I.A.C. 74.

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

Adopted: Unknown
Revised/Reviewed: 1.6.2020

Reviewed:  07.18.22

 

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. Certain individuals will be provided with a District-owned cell phone or cell phone stipend due to the nature of the position within the District.  Employees provided with this benefit may be required to carry a phone for communication during and after normal school hours, for safety and/or operational concerns.  The district will maintain a group plan for eligible individuals to include basic voice and texting services.  In certain situations, it may be necessary for the person to also have cell data services.

The Board authorizes the purchase and employee use of cell phones as deemed appropriate by the superintendent.  School district owned cell phones shall be used for school district business purposes, consistent with the school district’s mission and goals. Because of the difficulty of separating business from personal calls, it is recognized and permissible for the employee to also use the district cell phone for reasonable and responsible amount of personal use.  School district-owned cell phones may be used for purposes other than school district business when employees are not performing contractual obligations. All use of district-owned cell phones, whether for professional or personal reasons, must be in accordance with the Board of Educational Examiners Professional Code of Ethics. Use of cell phones in violation of Board policies, administrative regulations, and/or state/federal laws will result in discipline, up to and including dismissal, and referral to law enforcement officials, as appropriate.

The superintendent is directed to develop administrative regulations for the implementation of this policy, including a uniform and controlled system for identifying employee cell phone needs, monitoring use and reimbursement. Provisions may also be included for staff use of privately owned cell phones for authorized school district business.

Employees may possess and use cell phones during the school day as outlined in this policy and as provided in the administrative regulations developed by the superintendent.  Employees may use cell phones for personal business while on-duty, provided that such use is consistent with administrative regulations developed by the superintendent. Employees while driving on school district-related business or activities and the vehicle is in any gear other than “Park”, may use cell phones only to conduct school district-related business or for emergency situations, and only if the cell phone is used in a hands-free mode. All employee use of cell phones while driving must comply with applicable state and federal laws.

Employees must take care to protect confidential student or employee information when using a cell phone.  School district-provided cell phones devises are not to be loaned to others.

Any employee operating a school owed vehicle, including bus drivers, are allowed to use the 2-way radio and/or a cell phone in the case of an emergency and when the vehicle is in “park” gear.  Texting while operating a school owned vehicle remains prohibited by Harlan Community School district and state law as per Iowa Code.

Employees violating the policy or associated regulations 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 Benefit
412      Classified Employee Compensation and Benefits
707.5   Internal Controls

Adopted: Unknown
Revised/Reviewed: 5.10.2021

Reviewed:  07.18.22

STAFF TECHNOLOGY USE POLICY/SOCIAL NETWORKING

The Board of Directors of the Harlan Community School District provides its employees with access to Internet and electronic communication to support the educational mission of the District. 

Employees are to utilize district computers, networks, telecommunication devices and Internet services for school-related purposes and performance of job duties and responsibilities.  District computers and computer systems are owned by the District and are intended for educational purposes and District business.  Incidental personal use of school computers is permitted; as such use does not interfere with such job duties and performance.  “Incidental personal use” is defined as use by an individual for occasional personal communication.  Such use must comply with this policy and all other applicable policy, procedures and rules. 

All computer, network and Internet use shall be consistent with the purposes, goals, and policies of the Harlan Community School District.  It is imperative that users of such technology conduct themselves in a responsible and ethical manner.  All users shall comply by all local, state and federal laws.  All employees shall accept the responsibility of adhering to high standards of conduct and the terms and conditions set forth in this policy.

The following uses of computers, networks and Internet are prohibited:

1. Any violation of local, state, or federal law including but not limited to copyrighted material
2. Any activity that contains pornographic, obscene, or other sexually oriented material
3. Any activity that promotes violence or advocates destruction of property
4. Any activity that demeans, harasses, threatens, or promotes violence or hatred against another person or group of persons with regard to race, gender, religion, national origin, age, marital status, sexual orientation, gender identity, or disability
5. Any activity for personal profit, advertising, or political purpose
6. Any activity that uses profane or inappropriate language likely to be offensive to others in the school community
7. Any activity that is knowingly false or could be construed as intending to purposely damage another person’s reputation
8. Any activity using another district employee’s internet access without their written consent
9. Any activity that utilizes software that has been downloaded or is otherwise in the user’s possession without appropriate registration and payment of any fees owed to the software owner.

As technology evolves on a continual basis, every unacceptable use of district computers, networks, and Internet use cannot be described in this policy.  Consequently, examples of unacceptable and unauthorized use are included but not limited to the above.

District employees shall have no expectation of privacy in their use of district computers, networks, and the Internet.  Harlan Community School District reserves the right to monitor, inspect, review and restrict any user's network access and use.  All material and information accessed/received through district computers, networks, and Internet and personal technology that is related to the employer's operations shall remain the property of the school district.

Social Networking or Other External Web Sites

For purposes of this policy any website, other than the school district web site or school-school district sanctioned web sites, are considered external web sites. Employees shall not post confidential or proprietary information, including photographic images, about the school district, its employees, students, agents or others on any external web site without consent of the superintendent. The employee shall adhere to all applicable privacy and confidentiality policies adopted by the school district when on external web sites. Employees shall not use the proprietorial school district logos, images, iconography, etc. on external web sites. Employees shall not use school district time or property on external sites that are not in direct-relation to the employee’s job.  Employees, students and volunteers need to realize that the Internet is not a closed system and anything posted on an external site may be viewed by others, all over the world. Employees, students and volunteers who don’t want school administrators to know their personal information, should refrain from exposing it on the Internet. Employees should not connect with students via external web sites without consent of the superintendent. Employees, who would like to create an external web site or start a social media site for school district sanctioned activities, should contact the should contact the District Technology Director for consent and to register the site,

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

Legal Reference:       
Iowa Code § 279.8.
281 I.A.C. 13.35, .26.

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

Adopted: 8.22.2011
Revised/Reviewed: 5.10.2021

Reviewed:  07.18.22

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 only 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 (2013).

Cross Reference:      
401.5   Employee Records

Adopted: 1.20.2020

Reviewed:  07.18.22

CHILD ABUSE REPORTING

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

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

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 post-July 1, 2019 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

Adopted: 1.20.2020

Reviewed:  07.18.22

Revised: 08.21.2023

ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

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

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

The school district has appointed a Level I investigator and alternate Level I investigator.  The school district has also arranged for a trained, experienced professional to serve as the Level II investigator.  The Level I investigator and alternate will be provided training in the conducting of an investigation at the expense of the school district.  The names of the investigators 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; 272A; 280.17; 709; 728.12(1) (2013).
281 I.A.C. 12.3(6), 102; 103.
441 I.A.C. 155; 175.
1980 Op. Att'y Gen. 275.

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

Adopted: Unknown
Revised/Reviewed: 1.6.2020

Reviewed:  07.18.22

GIFTS TO EMPLOYEES 

Employees may receive a gift on behalf of the School District.  Employees shall not, either directly or indirectly, solicit, accept or receive any gift, a 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 or material relevant to an employee's official functions, 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 services;
• Non monetary 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 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 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 non monetary gift or series of non monetary 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
1972 Op. Att'y Gen. 276.
1970 Op. Att'y Gen. 319.

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

Adopted: 9.28.1992
Revised/Reviewed: 1.20.2020

Reviewed:  07.18.22

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 (2013). 

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

Adopted: 1.20.2020 

Reviewed:  07.18.22

 EMPLOYEE PHYSICAL EXAMINATIONS

The Harlan Community School District believes good health is important to job performance. School bus drivers will present evidence of good health upon initial hire and every other year in the form of a physical examination report, unless otherwise required by law or medical opinion.

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

Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to 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

Adopted: 1.20.2020

Reviewed:  07.18.22

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

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

Adopted: 1.30.1989
Revised/Reviewed: 1.6.2020

Reviewed:  07.18.22

HAZARDOUS CHEMICAL DISCLOSURE

The board authorized 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 review this information about hazardous substances annually.  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 orientation of the employee.  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 takes place.

Employees who will be instructing or otherwise working with students will disseminate information about the hazardous chemicals they will be working with 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. (2012).
Iowa Code chs. 88; 89B (2013).
347 I.A.C. 120.

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

Adopted: 1.30.1989
Revised/Reviewed: 1.20.2020

Reviewed:  07.18.22

SUBSTANCE-FREE WORKPLACE

The board expects the school district and its employees to remain substance free.  No employee will unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of, in the workplace, any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcoholic beverage as defined by federal or state law.  "Workplace" includes school district facilities, school district premises or school district 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 (2012).
42 U.S.C. §§ 12101 et seq. (2012).
34 C.F.R. Pt. 85 (2012).
Iowa Code §§ 123.46; 124; 279.8 (2013).

Cross Reference:      
404 Employee Conduct and Appearance

Adopted: 6.26.1989
Revised/Reviewed: 1.20.2020

Reviewed:  07.18.22

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, drug and alcohol testing.  Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol.  Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the school district contact person, Board Secretary at 2102 Durant Street, Harlan, IA 51537.

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

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

The superintendent will also be responsible for publication and dissemination of this policy and 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:  http://www.ia-sb.org/MemberBenefits.aspx?id=304 

NOTE:  It is important for the school district to read this policy and its supporting documents and the notes very carefully.  This policy and its supporting documents assume the school district employs its drivers and owns the school vehicles rather than contracts with a private service provider with its own drug and alcohol testing program.  School districts contracting with a private service provider must ensure the provider has a drug and alcohol testing program complying with the federal regulations.

 Compliance with the regulations is the responsibility of the school district even if the school district uses a service provider.  Boards need to determine who will be responsible for administering the drug and alcohol testing program in the second paragraph and make that determination throughout the policies and regulations.

This policy and its supporting documents also assume private contractors and nonpublic schools participating in the Iowa Drug and Alcohol Testing Program (IDATP) have chosen to test only under the federal regulations and not to test under state law.

This policy and its supporting documents terminate a driver for violation of the policy and its supporting documents.  Such a violation includes a positive drug test result.  Should a school district, after careful consideration, choose to retain the option not to terminate for violation of this policy, consideration should be given to making the following changes: 

School districts choosing to pay for OR to make the driver bear the personal and financial responsibility for the substance abuse evaluation and rehabilitation, if any:

First sentence of paragraph two:  The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion, post-accident, return-to-duty and follow-up drug and alcohol testing.

School districts choosing to pay for the substance abuse evaluation and rehabilitation, if any: 

Paragraph three:  Employees who violate the terms of this policy may be subject to discipline up to and including termination at the discretion of the school district.  Employees who violate this policy, as a condition of continued employment, will be required 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.

School districts choosing to make the employee bear the personal and financial responsibility for the substance abuse evaluation and rehabilitation, if any:

Paragraph three:  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.

This policy and the supporting documents require the school district to designate a school district contact person for the drug and alcohol testing program.  The title of the person(s) designated should be entered in paragraph two.  This person will answer questions from employees and others about the program, receive the test results and receive the identification numbers of the drivers who were selected for random testing and notify those drivers.  If these responsibilities are divided among different persons, the policy and supporting documents must clearly explain which person handles which part of the drug and alcohol testing program.

Information about the Federal Motor Carrier Safety Administration Clearinghouse is located at:  clearinghouse.fmcsa.dot.gov

Information about resources for a substance-free awareness program and related services may be obtained from the school district's employee assistance program, the Department of Education at (515) 281-3021 or Department of Health, Substance Abuse Division at (515) 281-3641.   For regulations and forms, http://www.fmcsa.dot.gov/rules-regulations/topics/drug/drug.htm?  

 

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. (2012).
42 U.S.C. §§ 12101 (2012).
41 U.S.C. §§ 81 (2012).
49 C.F.R. Pt. 40; 382; 391 (2012).
34 C.F.R. Pt. 85 (2012).
Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington, PERB  No. 3876 (3-26-91).
Iowa Code §§ 124; 279.8; 321.375(2); 730.5 (2013).

Cross Reference:      
403.5 Substance-Free Workplace

409.2 Licensed Employee Personal Illness Leave
414.2 Classified Employee Personal Illness Leave

Adopted: 12.18.1995
Revised/Reviewed: 1.20.2020

Reviewed:  07.18.22

CODE OF PROFESSIONAL CONDUCT AND ETHICS 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:

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.

Adopted: 8.22.2016
Revised/Reviewed: 1.20.2020

Reviewed:  09.19.22   

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.

Adopted: Unknown
Revised/Reviewed: 1.6.2020

Reviewed:  09.19.22   

 

 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 (2013).
281 I.A.C. 12.4
282 I.A.C. 14.
1940 Op. Att'y Gen. 375. 

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

Adopted: 1.20.2020

Reviewed:  09.19.22   

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.
1980 Op. Att'y Gen. 367.

Cross Reference:      
401.1   Equal Employment Opportunity
405      Licensed Employees - General
410.1   Substitute Teacher

Adopted: 3.1.1973
Revised/Reviewed: 1.6.2020

Reviewed:  09.19.22   

LICENSED PERSONNEL 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 up to one (1) year, unless otherwise specified in the contract.

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 (1899)
Iowa Code chs. 20; 279 (2013).

Adopted: 1.22.1990
Revised/Reviewed: 1.20.2020

Reviewed:  09.19.22   

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

Adopted: 7.10.1989
Revised/Reviewed: 1.20.2020

Reviewed:  09.19.22   

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

Adopted: 1.30.1989
Revised/Reviewed: 1.6.2020

Reviewed:  09.19.22   

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

Adopted: 1.22.1990
Revised/Reviewed: 1.20.2020

Reviewed:  09.19.22   

 

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

Adopted: 1.20.2020

Reviewed:  09.19.22   

 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 sign up 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

Adopted: 1.20.2020

Revised:  12.13.2021

Reviewed: 08.15.2022

Reviewed: 08.21.2023

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 (2013).

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

 

Adopted: 3.16.2020

Reviewed: 10.17.2022

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 (2013).
1978 Op. Att'y Gen. 247.
1974 Op. Att'y Gen. 11, 322.

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

Adopted: 3.1.1989
Revised/Reviewed: 3.2.2020

Reviewed: 10.17.2022​​​​​​​

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); 402.N.W. 2d 765, 769 (Iowa 1987)
Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2013).

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

Adopted: 8.14.1989
Revised/Reviewed: 3.16.2020

Reviewed: 10.17.2022​​​​​​​

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.  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 employees 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, is made to the building principal.  Approval of the building principal 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 the 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 more than three nights of 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

Adopted: Unknown
Revised/Reviewed: 3.16.2020

Reviewed: 10.17.2022

Revised:  08.21.2023

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 (2012).

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

Adopted: 3.16.2020

Reviewed: 10.17.2022​​​​​​​

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

• Sick Leave - Leave for medically-elated disability or illness
• Family Sick Leave - Leave to care for a sick member of the employee's immediate family
• Bereavement leave - Leave to mourn the loss of a family member or close friend
• Personal Leave - Leave to accomplish personal business that cannot be conducted outside the work day
• Jury Duty Leave - Leave to be excused for jury duty
• Military Leave - Leave for military service, including the national guard
• Political Leave - Leave to run for elective public office
• Unpaid Leave - To excuse an involuntary absence not provided for in other leave policies of the board
• Professional Leave -Leave to participate in meetings/conference directly related to their assignment
• Cyclone Time -  

The board will offer the following leave to full-time and/or regular classified employees:

• Sick Leave - Leave for medically-elated disability or illness
• Family Sick Leave - Leave to care for a sick member of the employee's immediate family
• Bereavement leave - Leave to mourn the loss of a family member or close friend
• Personal Leave - Leave to accomplish personal business that cannot be conducted outside the work day
• Jury Duty Leave - Leave to be excused for jury duty
• Military Leave - Leave for military service, including the national guard
• Political Leave - Leave to run for elective public office
• Unpaid Leave - To excuse an involuntary absence not provided for in other leave policies of the board
• Professional Leave -Leave to participate in meetings/conference directly related to their assignment
• Cyclone Time - 
• Vacation Time - for regular 12 month employees

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).

Adopted: 3.16.2020     

Revised 03/21/2022 

Revised: 12.19.2022           

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as the 12-month period measured forward from the first date an employee takes FMLA leave.  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. 

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

NOTE:  This policy is consistent with federal law regarding family and medical leave.  The links below are to applicable forms on the U.S. Department of Labor Web site.

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   Licensed Employee Personal Illness Leave
409.8   Licensed Employee Unpaid Leave
414.3   Classified Employee Family and Medical Leave

Adopted: Unknown
Revised/Reviewed: 3.16.2020

Reviewed: 10.17.2022​​​​​​​

SUBSTITUTE TEACHERS

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

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

Substitute teachers will be paid a per diem rate.  Substitute licensed employees are expected to perform the same duties as the licensed employees. The school board will determine rates of pay for substitutes on an annual basis.  The superintendent is responsible for making recommendations of pay to the board.   

Legal Reference:       
Iowa Association of School Boards v. PERB, 400 N.W.2d 571 (Iowa 1987).
Iowa Code §§ 20.1, .4(5), .9; Ch.272.
281 I.A.C. 12.4.

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

Adopted: 9.25.1989
Revised/Reviewed: 3.16.2020

Reviewed:  11/21/2022

 

 

SUMMER SCHOOL LICENSED EMPLOYEES

The Harlan Community School District shall offer summer school options in accordance with law and may, in its discretion offer additional programming during the summer recess.  Licensed employees who volunteer or who are appointed to deliver the summer education program are compensated in addition to their regular duties during the school academic year, unless such arrangements are made prior to determining the employee's compensation for the year.

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

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

Legal Reference:       
Iowa Code §§ 279.8; 280.14.

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

Adopted: 3.16.2020

Reviewed: 11/21/2023

EDUCATION ASSOCIATE

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

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

Education associates who hold a teaching certificate are compensated at the rate of pay established for their position as an education associate.  It is the responsibility of the principal to supervise education associates.

Legal Reference:                   
Iowa Code §§279.8, 280.3, .14, (2013).  
281 I.A.C. 12.4(9); .5(9).

Cross Reference:       
411.2   Classified Employee Qualifications, Recruitment, Selection

Adopted: 1.30.1989
Revised/Reviewed: 3.2.2020

Reviewed: 11/21/2022

CLASSIFIED EMPLOYEE DEFINED

Classified employees are employees who are not administrators or employees in positions which require a teaching license issued by the Iowa Board of Educational Examiners and who are employed to fulfill the duties listed on their job description on a monthly or hourly basis.  Classified employees will include, but not be limited to, teacher and classroom aides, custodial and maintenance employees, clerical employees, food service employees, bus drivers, and temporary help for summer or other maintenance.  The position may be full-time or part-time.

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

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

Legal Reference:       
Iowa Code §§ 20; 279.8.

Cross Reference:       
405.1   Licensed Employee Defined
411.2   Classified Employee Qualifications, Recruitment, Selection
412.3   Classified Employee Group Insurance Benefits

Adopted: 3.16.2020

Reviewed:  11/21/2022

CLASSIFIED EMPLOYEE - QUALIFICATIONS, RECRUITMENT, SELECTION

Persons interested in a classified employee position will have an opportunity to apply and qualify for classified employee positions in accordance with applicable laws and school district policies regarding equal employment.  Job applicants for classified employee positions will be considered on the basis of the following:

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

All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system. Additional announcements of the position may occur through means the superintendent believes will inform potential applicants about the position.  Whenever possible, the preliminary screening of applicants will be conducted by the administrator who directly supervises and oversees the position.

The Board will employ classified employees after receiving a recommendation from the superintendent.  However, the superintendent will have the authority to employ on a temporary basis until a recommendation can be made and action can be taken by the board on the position. This would include bus drivers, custodians, education associates, maintenance staff, clerical personnel, and food service workers.

Legal Reference:       
29 U.S.C. §§ 621-634.
42 U.S.C. §§ 2000e; 12101 et seq.
Iowa Code §§ 20; 35C; 216; 256.27; 279.13.
281 I.A.C. 12.

Cross Reference:       
401.1   Equal Employment Opportunity
411      Classified Employees - General

Adopted: Unknown
Revised/Reviewed: 3.16.2020

Reviewed:  11/21/2022

CLASSIFIED EMPLOYEE LICENSING/CERTIFICATION

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

Legal Reference:       
Iowa Code §§ 285.5(9); 272; 279.8 
281 I.A.C. 12.4(10); 36; 43.

Cross Reference:       
411.2   Classified Employee Qualifications, Recruitment, Selection

Adopted: 3.16.2020

CLASSIFIED EMPLOYEE ASSIGNMENT

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

It is the responsibility of the superintendent to assign classified employees and report such assignments to the board.

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

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

Adopted: 3.16.2020

Reviewed:  11.21.2022

CLASSIFIED EMPLOYEE TRANSFERS

Determining the location where a classified employee's assignment will be performed is the responsibility of the superintendent and within the sole discretion of the board.  In making such assignments each year the superintendent will consider the qualifications of each classified employee and the needs of the school district.

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

It is the responsibility of the superintendent to transfer classified employees and report such transfers to the board.

Legal Reference:       
29 U.S.C. §§ 621-634 (2012).
42 U.S.C. §§ 2000e et seq. (2012)
42 U.S.C. §§ 12101 et seq. (2012).  
Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1 (2013).

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

Adopted: 3.16.2020

Reviewed:  12.19.2022

CLASSIFIED EMPLOYEE EVALUATION

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

It is the responsibility of the superintendent to ensure classified employees are formally evaluated annually.

Legal Reference:       
Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).
Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).
Iowa Code §§ 20.9; 279.14 (2013).
281 I.A.C. 12.3(3).

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

Adopted: Unknown
Revised/Reviewed: 3.16.2020

Reviewed: 12.19.2022

CLASSIFIED EMPLOYEE COMPENSATION

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

It is the responsibility of the superintendent to make a recommendation to the board annually regarding the compensation of classified employees.

Legal Reference:       
Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2013).

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

Adopted: 3.16.2020

Reviewed:  12.13.2021

Reviewed: 08.15.2022

Reviewed:  12.19.2023

Classified employees who wish to resign during the school year will give the board notice of their intent to resign and final date of employment and cancel their contract 30 days prior to their last working day.

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

Legal Reference:  Iowa Code §§ 91A.2, .3, .5; 279A; 285.5 (9).

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

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

 

Legal Reference:  Northeast Community Education Association v. Northeast Community School District, 402N.W.2d 765, 769 (Iowa 1987).

                              McFarland v. Board of Education of Norwalk Community School District, 277 N.W. 2d 019 (Iowa 1979).  

                              Iowa Code §§ 20.7, .24

 

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

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

Legal Reference:  Iowa Code §§ 20.7,.24.

CLASSIFIED EMPLOYEE REDUCTION IN FORCE

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

It is the responsibility of the superintendent to make a recommendation for termination to the board.  The superintendent will consider the relative qualifications, skills, ability and demonstrated performance through evaluation procedures in addition to guidelines captured in applicable handbooks when making the recommendations. 

Legal Reference:  Iowa Code §§ 20.7,.24.

 

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as the 12-month period measured forward from the first date an employee takes FMLA leave. 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.  

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

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:       
Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).
26 U.S.C. §§ 2601 et seq. (2012)
29 C.F.R. Pt. 825 (2012)
Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2013)
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.

Adopted: Unknown
Revised/Reviewed: 3.16.2020

Reviewed:  12.19.2022