PERSONNEL
405.1
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 shall be the responsibility of the superintendent to establish job specifications and job descriptions for licensed employees' positions, other than the position of the superintendent. Job descriptions may be approved by the board.
Licensed employees must present evidence of current license to the board secretary prior to payment of salary.
Legal Reference: Clay v. Independent School District of Cedar Falls, 187 Iowa
89, 174 N.W. 47 (1919).
Iowa Code §§ 256.7(3); 272.6; 272A; 279.8; 294.1 (2001).
282 I.A.C. 14.
281 I.A.C. 12.4; 41.25.
1940 Op. Att'y Gen. 375.
Cross Reference: 405.2 Licensed Employee Qualifications, Recruitment
Selection
410.1 Substitute Teachers
411.1 Classified Employee Defined
Adopted: 12/17/98
Reviewed: 10/29/2020
Revised:
PERSONNEL
405.2
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," shall have an opportunity to apply and qualify for licensed positions in the school district without regard to age, race, creed, color, sex, national origin, religion or disability. Job applicants for licensed positions shall 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.
Announcement of the position shall be in a manner which the superintendent believes will inform potential applicants about the position. Applications for employment may be obtained from and completed applications shall be returned to the school district administrative office. Whenever possible, the preliminary screening of applicants shall be conducted by the administrator who will be directly supervising and overseeing the person being hired.
The board shall employ licensed employees after receiving a recommendation from the superintendent. However, the superintendent shall 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.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding qualifications, recruitment and selections of such employees shall be followed.
Legal Reference: 29 U.S.C. §§ 621-634 (1988).
42 U.S.C. §§ 2000e et seq. (1988).
42 U.S.C. §§ 12101 et seq. (Supp. 1990).
Iowa Code §§ 20; 35C; 216; 294.1 (2001).
281 I.A.C. 12.
282 I.A.C. 14.
1980 Op. Att'y Gen. 367.
Cross Reference: 401.1 Equal Employment Opportunity
405 Licensed Employees - General
410.1 Substitute Teachers
Adopted: 12/17/98
Reviewed: 10/29/2020
Revised:
PERSONNEL
405.3
LICENSED EMPLOYEE INDIVIDUAL CONTRACTS
The board will enter into a written contract with licensed employees, other than administrators, employed on a regular basis.
Each contract will be for a period of one year. .
It shall be the responsibility of the superintendent to complete the contracts for licensed employees and present them to the board for approval. The contracts, after being signed by the board president, shall be returned to the superintendent. The superintendent shall obtain the employee's signature. After being signed, the contract shall be filed with the board secretary.
NOTE: By law, the board president must sign all employment contracts and must do so prior to the employee signing the contract. Individual teaching contracts cannot exceed one year.
Legal Reference: Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).
Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 467 (1927).
Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).
Iowa Code chs. 20; 279 (2001).
Cross Reference: 405.2 Licensed Employee Qualifications, Recruitment,
Selection
405.4 Licensed Employee Continuing Contracts
407 Licensed Employee Termination of Employment
Adopted: 12/17/98
Reviewed: 10/29/2020
Revised:
PERSONNEL
405.4
LICENSED EMPLOYEE CONTINUING CONTRACTS
Contracts entered into with licensed employees, other than an administrator, will continue from year to year unless the contract states otherwise, is modified by mutual agreement between the board and the employee, or the contract is terminated by the board.
The first three years of a continuing contract issued to a newly employed licensed employee shall be considered a probationary period. The board may waive this period. The probationary period may be extended for an additional year upon the consent of the licensed employee. In the event of termination of the employee's contract during this period, the board shall afford the licensed employee appropriate due process. The action of the board will be final.
Licensed employees whose contracts will be recommended for termination by the board will receive notice prior to April 30. The superintendent shall 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 board policies in those areas.
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; 279.12-.19B, .27; 294.1 (2001).
Cross Reference: 405.3 Licensed Employee Individual Contracts
405.9 Licensed Employee Probationary Status
407 Licensed Employee Termination of Employment
Adopted: 12/17/98
Revised: 10/29/2020
Reviewed:
PERSONNEL
405.5
LICENSED EMPLOYEE WORK DAY
The work day for licensed employees shall begin each day of the school year at a time established by the superintendent. "Day" is defined as one work day regardless of full-time or part-time status of an employee.
Licensed employees are to be in their assigned school building during the work day. Advance approval to be absent from the school building must be obtained from the principal whenever the licensed employees must leave the school building during the work day.
The building principal is authorized to make changes in the work day in order to facilitate the education program. These changes shall be reported to the superintendent.
The work day outlined in this policy is a minimum work day. Nothing in this policy prohibits licensed employees from working additional hours outside the work day.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding work day of such employees shall be followed.
Legal Reference: Iowa Code §§ 20; 279.8 (2001).
Cross Reference: 200.2 Powers of the Board of Directors
Adopted: 12/17/98
Reviewed: 10/29/2020
Revised:
PERSONNEL
405.6
LICENSED EMPLOYEE ASSIGNMENT
Determining the assignment of each licensed employee is the responsibility of the board. In making such assignments the board shall consider the qualifications of each licensed employee and the needs of the school district.
It shall be the responsibility of the superintendent to make recommendations to the board regarding the assignment of licensed employees.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding assignment of such employees shall be followed.
Legal Reference: Iowa Code §§ 20.9; 279.8 (2001).
Cross Reference: 200.2 Powers of the Board of Directors
Adopted: 12/17/98
Reviewed: 10/29/2020
Revised:
PERSONNEL
405.7
LICENSED EMPLOYEE TRANSFERS
Determining the location where an employee's assignment will be carried out is the responsibility of the board. In making such assignments the board shall consider the qualifications of each licensed employee and the needs of the school district.
A transfer may be initiated by the employee, the principal, or the superintendent.
It shall be the responsibility of the superintendent to make recommendations to the board regarding the transfer of licensed employees.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding transfers of employees shall be followed.
Legal Reference: Iowa Code §§ 20.9; 216.14; 279.8 (2001).
Cross Reference: 405.2 Licensed Employee Qualifications, Recruitment,
Selection
405.6 Licensed Employee Assignment
Adopted: 12/17/98
Reviewed: 10/29/2020
Revised:
PERSONNEL
405.8
LICENSED EMPLOYEE EVALUATION
Evaluation of licensed employees on their skills, abilities, and competence shall be an ongoing process supervised by the building principals and conducted by approved evaluators. The goal of the formal evaluation of licensed employees, other than administrators, but including extracurricular employees, shall be to improve the education program, to maintain licensed employees who meet or exceed the board's standards of performance, to clarify the licensed employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.
The formal evaluation criteria shall be in writing and approved by the board. The formal evaluation shall provide an opportunity for the evaluator and the licensed employee to discuss the past year's performance and the future areas of growth. The formal evaluation shall be completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file. This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence.
It shall be the responsibility of the superintendent to ensure licensed employees are evaluated. New and probationary licensed employees shall be evaluated at least twice each year.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding evaluation of such employees shall be followed.
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, .19, .27 (2001).
281 I.A.C. 12.3(4).
Cross Reference: 405.2 Licensed Employee Qualifications, Recruitment,
Selection
405.9 Licensed Employee Probationary Status
Adopted: 12/17/98
Reviewed: 10/29/2020
Revised:
PERSONNEL
405.9
LICENSED EMPLOYEE PROBATIONARY STATUS
The first three years of a new licensed employee's contract shall be a probationary period unless the employee has already successfully completed the three year probationary period. New employees who have successfully completed a probationary period in a previous school district will serve a one year probationary period.
Former employees who return to employment with the district shall be subject to a one-year probationary period.
Current employees who request a transfer to a new assignment shall be subject to a one-year probationary period. Employees transferred involuntarily shall not be subject to probation.
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 year-end or discharge the employee in concert with corresponding board policies.
Licensed employees may also serve a probationary period based upon their performance. Such probationary period shall be determined on a case-by-case basis in light of the circumstances surrounding the employee's performance as documented in the employee's evaluations and personnel file.
Legal Reference: Iowa Code §§ 279.12-.19B (2001).
Cross Reference: 405.4 Licensed Employee Continuing Contracts
405.8 Licensed Employee Evaluation
Adopted: 12/17/98
Reviewed: 10/29/2020
Revised: