405 - Licensed Employees General

405 - Licensed Employees General dawn.gibson.cm… Wed, 10/13/2021 - 09:39

405.1 - Licensed Employee Defined

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 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); 272.6; 272A; 279.8; 294.1 (2007).
   
                                    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

Approved    7/27/2009  _                   
Reviewed   6/16/2014                                                                           
Revised                   

 

dawn.gibson.cm… Wed, 10/13/2021 - 09:48

405.2 - Qualifications, Recruitment and Selection

405.2 - Qualifications, Recruitment and 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 without regard to age, race, creed, color, gender, national origin, marital status, sexual
orientation, gender identity, religion or disability.  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.

Announcement of the position is in a manner which the superintendent believes will inform potential applicants about the position.  Applications for employment may be
obtained from and completed applications are returned to the school district administrative office.  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 except the superintendent may hire teachers without approval of the
board
.  However, the superintendent 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.

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 is followed.

 

 

Legal Reference:  29 U.S.C. §§ 621-634 (2004).
   
                                    42 U.S.C. §§ 2000e et seq. (2004).
   
                                    42 U.S.C. §§ 12101 et seq. (2004).
   
                                    Iowa Code §§ 20; 35C; 216; 279.13; 294.1 (2007).
   
                                    281 I.A.C. 12.
   
                                    282 I.A.C. 14.
   
                                    1980 Op. Att'y Gen. 367.

Cross Reference:  401.2    Equal Employment Opportunity
   
                                    405       Licensed Employees - General
   
                                    410.1    Substitute Teachers

Approved    7/27/2009  _                   
Reviewed   6/16/2014                                                                           
Revised                  

 

dawn.gibson.cm… Wed, 10/13/2021 - 09:47

405.3 - Individual Contracts

405.3 - Individual Contracts

The board will enter into a written contract with licensed employees, other than administrators, employed on a regular basis.  Each contract will be for a period of one year.

It is the responsibility of the superintendent to complete the contracts for licensed employees and present them to the board for approval.  The contracts, after being signed by
the board president, are returned to the superintendent.  The superintendent will obtain the employee's signature.  After being signed, the contract is filed with the board
secretary.

 

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 (2007).

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

Approved    7/27/2009  _                   
Reviewed   6/16/2014                                                                            
Revised                   

 

dawn.gibson.cm… Wed, 10/13/2021 - 09:46

405.4 - Continuing Contracts

405.4 - 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 new licensed employee's contract is a probationary period unless the employee has already successfully completed the three-year 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 one-year probationary period.  In
the event of termination of the employee's contract during this period, the board will 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 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 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 (2007).

Cross Reference:  405.3    Licensed Employee Individual Contracts
   
                                    405.9    Licensed Employee Probationary Status
   
                                    407       Licensed Employee Termination of Employment

Approved    7/27/2009  _                   
Reviewed   6/16/2014                                                                            
Revised                   

 

dawn.gibson.cm… Wed, 10/13/2021 - 09:45

405.5 - Work Day

405.5 - Work Day

The work day for licensed employees will begin each day of the school year at a time established by the superintendent.  Licensed employees who are employed only during
the academic year will have the same work day as other licensed employees.  "Day" is defined as one work day regardless of full-time or part-time status of an employee.

Licensed employees are to be in their assigned school building during the work day.  Advance approval to be absent from the school building must be obtained from the
principal whenever the licensed employees must leave the school building during the work day.

The building principal is authorized to make changes in the work day in order to facilitate the education program.  These changes are reported to the superintendent.

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

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding work day of such employees will be
followed.

 

 

Legal Reference:  Iowa Code §§ 20; 279.8 (2007).

Cross Reference:  200.3    Powers of the Board of Directors

Approved    7/27/2009  _                   
Reviewed   6/16/2014                                                                           
Revised                   

 

dawn.gibson.cm… Wed, 10/13/2021 - 09:44

405.6 - Assignment

405.6 - Assignment

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

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

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

 

 

Legal Reference:  Iowa Code §§ 20.9; 279.8 (2007).

Cross Reference:  200.3    Powers of the Board of Directors

Approved    7/27/2009  _                   
Reviewed   6/16/2014                                                                             
Revised                   

 

dawn.gibson.cm… Wed, 10/13/2021 - 09:43

405.7 - Transfers

405.7 - Transfers

Determining the location where an employee's assignment will be carried out is the responsibility and within the sole discretion of the board.  In making such assignments the
board will consider the qualifications of each licensed employee and the needs of the school district.

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

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

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding transfers of employees will be followed.

 

 

Legal Reference:  Iowa Code §§ 20.9; 216.14; 279.8 (2007).

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

Approved    7/27/2009  _                   
Reviewed   6/16/2014                                                                            
Revised                   

 

dawn.gibson.cm… Wed, 10/13/2021 - 09:42

405.8 - Evaluation

405.8 - 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 the past year's 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.

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.

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

 

NOTE:  There is no legal requirement that probationary employees be evaluated twice a year, but it is the standard practice.  School districts that evaluate probationary
employees only once per year need to amend the fourth paragraph to reflect their practice.

 

 

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 (2007).
   
                                    281 I.A.C. 12.3(4).

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

Approved    7/27/2009  _                   
Reviewed   6/16/2014                                                                            
Revised                   

 

dawn.gibson.cm… Wed, 10/13/2021 - 09:40

405.9 - Probation

405.9 - Probation

The first three years of a new licensed employee's contract is a probationary period unless the employee has already successfully completed the probationary period in an Iowa
school district.  New employees who have successfully completed a probationary period in a previous Iowa school district will serve a one 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 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 is determined on a case-by-case basis in light of the
circumstances surrounding the employee's performance as documented in the employee's evaluations and personnel file.

 

 

Legal Reference:  Iowa Code §§ 279.12-.19B (2007).

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

Approved    7/27/2009  _                   
Reviewed   6/16/2014                                                                           
Revised                   

 

dawn.gibson.cm… Wed, 10/13/2021 - 09:39