BOARD POLICIES

BOARD POLICIES

POLICY MANUAL:

This site contains the official board policies for the board of directors of the Clarinda Community Schools. Policy development is a dynamic, ongoing process. New problems, issues, and needs give rise to the continuing need to develop new policies or to revise existing ones. 

How To Use This Policy Manual
The Clarinda Community School District operates according to policies established by its board of directors. The board develops policies after careful deliberation, and the school administration implements them through specific regulations and procedures. The board reviews and evaluates its policies and makes revisions as necessary.

The manual is organized according to a numeric codification system.  There are nine major classifications bearing a numeric Series Code.

        100    SCHOOL DISTRICT
        200    BOARD OF DIRECTORS
        300    ADMINISTRATION
        400    STAFF
        500    STUDENTS
        600    EDUCATION PROGRAM
        700    NON-INSTRUCTIONAL OPERATIONS
        800    BUILDINGS AND SITES
        900    DISTRICT/COMMUNITY RELATIONS

Sub-classifications under each numeric Series are based on a logical sequence and coded by the sub-classification numeric code.

How To Find A Policy
There are two ways to find a policy. The first is to click on the "Board Policies" header to expand the list, and then navigate to a particular Series and then review the list of policies included under each Series. To view the policy, just click on the policy name in the menu on the left.

The second way to find a policy is to search for a policy number, keyword, or phrase in the Search box in the upper right-hand corner of this site. It will show results that may match your search word or phrase. Then click on an individual policy or item to review.

Inquiries
Inquires about the policies included in this manual may be directed to the board members or to the superintendent by telephone at (712) 542-5165 or writing the school district at Clarinda Community School District, 423 East Nodaway, Clarinda, Iowa, 51632.

 

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

100 - SCHOOL DISTRICT POLICIES

100 - SCHOOL DISTRICT POLICIES Jen@iowaschool… Mon, 08/24/2020 - 08:43

100 - Legal Status of the School District

100 - Legal Status of the School District

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

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

 

 

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

Cross Reference:          200      Legal Status of the Board of Directors

Initially Approved  03-08-1999        
Last Reviewed  07-08-2020       
Last Revision   07-08-2020

 

dawn@iowaschoo… Tue, 09/01/2020 - 09:06

101 - Educational Philosophy of the School District

101 - Educational Philosophy of the School District

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

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

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

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

 

Clarinda Community School District Mission Statement

The Clarinda Community School District mission is to educate all students to succeed by insuring quality leadership, curriculum, and instruction.

 

 

Legal Reference:          Iowa Code §§ 256.11 (2013).

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

Initially Approved  03-08-1999     
Last Reviewed  03-13-2019      
Last Revision                   

 

dawn@iowaschoo… Tue, 09/01/2020 - 09:08

102 - Equal Educational Opportunity

102 - Equal Educational Opportunity

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

The Clarinda Community School District does not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices.  The belief in equal educational opportunity serves as a guide for the board and employees in making decisions relating to school district facilities, employment, selection of educational materials, equipment, curriculum, and regulations affecting students. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Denise Green, 100 N. Cardinal Drive, Clarinda, 712-542-5167, dgreen@clarindacsd.org.

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

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

Inquiries by students regarding compliance with equal educational opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, are directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Clarinda Community School District, Clarinda, Iowa; or by telephoning 712-542-5167.

Inquiries by students regarding compliance with equal educational opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights, U.S. Department of Education, John C. Kluczynski Federal Building, 230 S. Dearborn St., 37th Floor, Chicago, IL, 60604 (312) 730-1560, fax (312) 730-1576 OCR.Chicago@ed.gov, the Iowa Civil Rights Commissioner, https://icrc.iowa.gov, (515) 281-4121 or the Iowa Dept. of Education, Grimes State Office Bldg., Des Moines, IA 50319. (515) 281-5294.  This inquiry or complaint to the federal or state office may be done instead of, or in addition to, an inquiry or complaint at the local level.

 

 

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

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

Initially Approved  03-08-1999         
Last Reviewed  02-15-2021
                          
Last Revision 02-15-2021

 

dawn@iowaschoo… Tue, 09/01/2020 - 09:10

102E1 - Annual Notice of Nondiscrimination

102E1 - Annual Notice of Nondiscrimination

The Clarinda Community School District offers career and technical programs in the following areas of study:

            Agricultural Education
            Business Education
            Family and Consumer Sciences Education
            Industrial Education

It is the policy of the Clarinda Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Denise Green, 100 N. Cardinal Drive, (712)542-5167, dgreen@clarindacsd.org.

 

dawn@iowaschoo… Tue, 09/01/2020 - 09:38

102E2 - Continuous Notice of Nondiscrimination

102E2 - Continuous Notice of Nondiscrimination

It is the policy of the Clarinda Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Denise Green, 100 N. Cardinal Drive, (712)542-5167, dgreen@clarindacsd.org.

 

dawn@iowaschoo… Tue, 09/01/2020 - 09:29

102E3 - Notice of Section 504 Student and Parental Rights

102E3 - Notice of Section 504 Student and Parental Rights

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

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

It is the policy of the Clarinda Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Denise Green, 100 N. Cardinal Drive, (712)542-5167, dgreen@clarindacsd.org.

 

dawn@iowaschoo… Tue, 09/01/2020 - 09:13

102E4 - Complaint Form

102E4 - Complaint Form

See attached form

 

dawn@iowaschoo… Tue, 09/01/2020 - 09:19
File Attachments

102E5 - Witness Disclosure Form

102E5 - Witness Disclosure Form

See attached form 

dawn@iowaschoo… Tue, 09/01/2020 - 09:16
File Attachments

102E6 - Disposition of Complaint Form

102E6 - Disposition of Complaint Form

See attached form

dawn@iowaschoo… Tue, 09/01/2020 - 09:37
File Attachments

102R1 - Grievance Procedure

102R1 - Grievance Procedure

It is the policy of the Clarinda Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Denise Green, 100 N. Cardinal Drive, (712)542-5167, dgreen@clarindacsd.org.

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

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

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

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

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

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

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

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

The decision of the superintendent shall be final.

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

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

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

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

 

dawn@iowaschoo… Tue, 09/01/2020 - 09:35

103 - Long-Range Needs Assessment

103 - Long-Range Needs Assessment

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

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

The Board of Education will annually appoint community members to serve on the School Improvement Advisory committee (SIAC).  The SIAC will meet periodically throughout the school year to review student achievement data, attendance rates, data on student behavioral issues, graduation rates, and other local indicators used to evaluate programs and practices of the district.  Following the review of the district data, the advisory committee will make annual recommendations to the Board regarding district goals.  The Board will also annually appoint community members to serve on a Technology Advisory Committee and Vocational Advisory Council to provide ongoing feedback on technology and vocational needs of the district.  These committees will report to the Board, recommendations on future needs and goals identified by the committee.

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

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

 

 

Legal Reference:          Iowa Code §§ 21; 256.7; 280.12, .18 (2003).
                                    281 I.A.C. 12.8(1)(b).

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

Initially Approved  03-08-1999    
Last Reviewed  03-13-2019      
Last Revision    03-10-2014 

 

dawn@iowaschoo… Tue, 09/01/2020 - 09:20

103R1 - Long-Range Needs Assessment

103R1 - Long-Range Needs Assessment

The Clarinda Community School District will collect student achievement data annually, utilizing a variety of resources throughout the district.  This data will include achievement results from standardized testing including NWEA and ISASP testing programs.  Additional data will be collected utilizing locally developed assessments that have been aligned to district standards and benchmarks as well as other assessments deemed appropriate by the administration and staff.  Additional data focusing on graduation rates, average daily attendance, behavioral trends, and other local, state, and federal indicators will be collected and evaluated by the district advisory council, School Improvement Advisory Committee, and the Board of Education.

All data collected will be summarized in an annual report made available to the public through the district newsletter, district web site, the superintendent’s annual report, district achievement brochure, Annual Progress Report, and/or presentations to local organizations throughout the community.  The analysis of this report will be used to determine district goals and action plans to address the needs of the district.

 

dawn@iowaschoo… Tue, 09/01/2020 - 09:41

104 - Anti-Bullying/Anti-Harassment Policy

104 - Anti-Bullying/Anti-Harassment Policy

The Clarinda Community School District is committed to providing all students with a safe and civil school environment in which all members of the school community are treated with dignity and respect. Bullying and/or harassment of or by students, staff, and volunteers is against federal, state, and local policy and is not tolerated by the board. Bullying and/or harassing behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed.

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

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

Complaints may be filed with the superintendent or superintendent’s designee pursuant to the regulation accompanying this policy.  Complaints will be investigated within a reasonable time frame. 

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

 

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

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

 

Definitions

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

  • “Electronic” means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.
  • “Harassment” and “bullying” mean any repeated or potentially repeated electronic, written, verbal, or physical act or other ongoing conduct toward an individual based on any trait or characteristic of the individual which creates an objectively hostile school environment that meets one or more of the following conditions:
    1.  
    Places the individual in reasonable fear of harm to the individual’s person or property.
    2.  
    Has a substantial detrimental effect on the individual’s physical or mental health.
    3.  
    Has the effect of substantially interfering with a individual’s academic or career performance.
    4.  
    Has the effect of substantially interfering with the individual’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
  • “Trait or characteristic of the individual” includes but is not limited to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.
  • “Volunteer” means an individual who has regular, significant contact with students.

 

Publication of Policy

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

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

NOTE: This is a mandatory policy. School districts are required to integrate the anti-bullying and anti-harassment policy into the comprehensive school improvement plan and shall collect and report data regarding instances of bullying and harassment as required by law.

NOTE: Some conduct that falls under a school’s anti-bullying/anti-harassment policy also may trigger responsibilities under one or more of the federal and state antidiscrimination laws. By limiting the response to a specific application of its anti-bullying/anti-harassment disciplinary policy and the accompanying procedures, a school may fail to properly consider whether the alleged conduct also results in discriminatory bullying and/or harassment.

 

 

Legal References:    20 U.S.C. §§ 1221-1234i.
                                    29 U.S.C. § 794.
                                    42 U.S.C. §§ 2000d-2000d-7.
                                    42 U.S.C. §§ 12101 2et. seq.
                                    Iowa Code §§ 216.9; 280.28; 280.3.      
                                    281 I.A.C. 12.3(6).
                                    Morse v. Frederick, 551 U.S. 393 (2007)

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

Initially Approved  06-11-2007                           
Last Reviewed 05-09-2016                            
Last Revision 05-09-2016

 

dawn@iowaschoo… Tue, 09/01/2020 - 09:25

104E1 - Complaint Form

104E1 - Complaint Form

See attached form

dawn@iowaschoo… Tue, 09/01/2020 - 09:31
File Attachments

104E2 - Witness Disclosure Form

104E2 - Witness Disclosure Form

See attached form

dawn@iowaschoo… Tue, 09/01/2020 - 09:39
File Attachments

104E3 - Disposition of Complaint Form

104E3 - Disposition of Complaint Form

See attached form

dawn@iowaschoo… Tue, 09/01/2020 - 09:41
File Attachments

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

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

The Clarinda Community School District is committed to providing all students with a safe and civil school environment in which all members of the school community are treated with dignity and respect. Bullying and/or harassment of or by students, staff, and volunteers is against federal, state, and local policy and is not tolerated by the board. Bullying and/or harassing behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed. Therefore, it is the policy of the state and the school district that school employees, volunteers, and students shall not engage in bullying or harassing behavior in school, on school property, or at any school function or school-sponsored activity.

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

  • “Electronic” means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.
  • “Harassment” and “bullying” shall mean any electronic, written, verbal, or physical act or conduct toward a student based on the individual’s actual or perceived age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status, and which creates an objectively hostile school environment that meets one or more of the following conditions:
    1.   Places the student in reasonable fear of harm to the student’s person or property.
    2.  
    Has a substantial detrimental effect on the student’s physical or mental health.
    3.  
    Has the effect of substantially interfering with a student’s academic performance.
    4.  
    Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
  • “Trait or characteristic of the student” includes but is not limited to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.
  • “Volunteer” means an individual who has regular, significant contact with students.

Filing a Complaint
An individual who believes that the individual has been harassed or bullied may file a complaint with the superintendent or superintendent’s designee. The complaint form is available on the website under policy 104.E1.  An alternate investigator will be designated in the event it is claimed that the superintendent or superintendent’s designee committed the alleged bullying or harassment or some other conflict of interest exists. Complaints shall be filed within 180 days of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence. The Complainant will state the nature of the complaint and the remedy requested. The Complainant shall receive assistance as needed.

 

ANTI-BULLYING/ANTI-HARASSMENT INVESTIGATION PROCEDURES

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

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

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

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

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

Additional suggestions for administrative procedures regarding this policy include:

  • Organizing training programs for students, school employees, and volunteers regarding how to recognize bullying and harassing behavior and what to do if this behavior is witnessed; and
  • Developing a process for evaluating the effectiveness of this policy in reducing bullying and harassing behavior.

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

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

 

NOTE: School districts must include a number of requirements in the district anti-bullying/anti-harassment policy. This regulation builds on the requirements addressed in IASB sample policy 104 by more specifically detailing sample investigation procedures. Districts should ensure that the district’s practice is reflective of the policy and regulations that the district’s leadership team has established. Please remember that the procedures outlined here should be consistent with the policy.

NOTE: Some conduct that falls under a school’s anti-bullying/anti-harassment policy also may trigger responsibilities under one or more of the federal and state antidiscrimination laws. By limiting the response to a specific application of its anti-bullying/anti-harassment disciplinary policy and the accompanying procedures, a school may fail to properly consider whether the alleged conduct also results in discriminatory bullying and/or harassment.

 

dawn@iowaschoo… Tue, 09/01/2020 - 09:32

105 - Assistance Animals

105 - Assistance Animals

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

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

 

Miniature Horses as Service Animals

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

 

Establishing the Need for a Service Animal

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

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

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

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

 

Service and Assistive Animals in Training

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

 

Exclusion of Service and Assistive Animals

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

 

Emotional Support Animals and Therapy Animals

Emotional support animals are medically prescribed to provide therapeutic benefit through dedicated companionship. Emotional support animals’ sole function is to provide emotional support or comfort.

Therapy animals are involved in an animal-assisted therapy program involving animals as a form of treatment.

Emotional support animals and therapy animals do not meet the definition of service or assistive animals. However, the district recognized their value in our community. The superintendent shall evaluate the use of emotional support animals and therapy animals on a case-by case basis. District employees may use therapy animals in the course of their regular duties only after receiving permission from the superintendent.

 

Student use of Emotional Support Animals and Therapy Animals

Factors the superintendent should consider in making the determination include but are not limited to:

  1. Whether the animal is housebroken
  2. Whether the animal has a current vaccination certificate
  3. Whether the animal has been recommended through an individual education plan (IEP) or a 504 plan as necessary for the student to receive free access to public education
  4. Whether the facility can accommodate the animal’s type, size and weight, and
  5. Whether the animal’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility

 

Employee use of Therapy Animals as part of Education Environment

Before permission to use therapy animals is granted, staff members must provide:

  1. Proof that the animal is certified to be a therapy animal;
  2. An explanation of how the animal will be used, including research supporting the use of therapy animals;
  3. A plan for how the staff member will provide for the care and control of the animal;
  4. A plan for how the staff member will accommodate students with allergies to the animal; and
  5. A current vaccination certification for the animal.

 

 

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

Cross Reference:          606.3   Animals in the Classroom

Initially Approved 11-12-18                           
Last Reviewed  
03-13-2019                           
Last Revision ___________

 

dawn@iowaschoo… Tue, 09/01/2020 - 09:22

106 - Discrimination and harassment Based on Sex Prohibited

106 - Discrimination and harassment Based on Sex Prohibited

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

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

Any individual with questions about the District’s Title IX policy and procedures, or who would like to make a report or file a formal complaint of sex discrimination or sexual harassment may
contact the District’s designated Title Coordinator, Josh Porter at  jporter@clarindacsd.org.

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

 

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

 

 

Initially Approved  02-15-2021
Last Reviewed  02-15-2021
Last Revision  

nmckinnon@clar… Tue, 02/16/2021 - 13:39

200 - BOARD OF DIRECTORS POLICIES

200 - BOARD OF DIRECTORS POLICIES Jen@iowaschool… Mon, 08/24/2020 - 08:44

200 - Legal Status of the Board of Directors

200 - Legal Status of the Board of Directors dawn@iowaschoo… Tue, 09/01/2020 - 16:33

200.1 - Organization of the Board of Directors

200.1 - Organization of the Board of Directors

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

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

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

NOTE:  Iowa law establishes the organizational meeting at the first regular meeting following the canvass of votes. 

Board members elected at a general election must qualify at or before the organizational meeting.

 

 

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

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

Initially Approved 03-08-1999                             
Last Reviewed
07-08-2020                                       
Last Revision
07-08-2020

 

dawn@iowaschoo… Tue, 09/01/2020 - 09:49

200.1R1 - Organizational Meeting Procedures

200.1R1 - Organizational Meeting Procedures

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

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

Meeting Procedure

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

1.     Final Meeting of the Retiring Board

        (1)      Call to order.
        (2)      Roll call.
        (3)      Approval of minutes of previous meeting(s).
        (4)      Visitors.
        (5)      Unfinished business.
                  (a)  Current claims and accounts (for the retiring board to authorize).
        (6)      Examine and settle the books for the previous year.
        (7)      Review of election results.  The board secretary will present the county auditor's official report on the latest elections.  Official results are recorded in the minutes.
        (8)      Adjournment of the retiring board.

2.     Organizational Meeting of the New Board

        (1)      The board secretary, as president pro-tem, will preside over the meeting until a new board president is elected.
        (2)      Call to order.
        (3)      Roll call.
        (4)      Oath of office.  The board secretary will administer the oath to new members.
        (5)      Election of a president of the board.  The president pro-tem calls for nominations; nominations need not be seconded.  The board will then vote on the nominations. 
                  
The secretary will announce the result of the vote, and the board secretary will administer the oath of office to the newly elected president and the newly elected
                  president will assume the chair.

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

Other items of business at the organizational meeting may include:

        (7)      Board resolution of appreciation recognizing the public service rendered by retiring board members.
        (8)      Determination of dates, times, and places for regular meetings of the board.
        (9)      Board resolution to define the operating rules and practices that will be followed by the new board.
        (10)    Board resolution to authorize the interim payment of bills pursuant to policy 705.3.
        (11)    Visitors.
        (12)    Superintendent's report.
        (13)    Adjournment.

 

NOTE: Board members elected at a regular school election must take the oath of office at or before the organization meeting. Failure to do so results in a vacancy.

NOTE: The board president and vice president are each elected to a one year term at the organizational meeting in odd-numbered years and at the annual meeting in even-numbered years.

 

 

Legal Reference:  Iowa Code §§ 274.2; 275.23A; 277       
                                    281 I.A.C 12.3.

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

 

dawn@iowaschoo… Tue, 09/01/2020 - 09:51

200.2 - Powers of the Board of Directors

200.2 - Powers of the Board of Directors

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

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

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

 

 

Legal Reference:  Board of Directors of Ind. School Dist. of Waterloo v. Green, 259 Iowa 1260, 147 N.W.2d 854 (1967).
                                    Iowa Code §§ 28E; 274.1-.2; 279.8 (2013).
                                    281 I.A.C. 12.1(2).
                                    1990 Op. Att'y Gen. 66.

Cross Reference:  209      Board of Directors' Management Procedures

Initially Approved  03-08-1999                        
Last Reviewed
03-13-2019                                         
Last Revision                         

 

dawn@iowaschoo… Tue, 09/01/2020 - 10:02

200.3 - Responsibilities of the Board of Directors

200.3 - Responsibilities of the Board of Directors

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

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

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

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

 

 

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

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

Initially Approved 03-08-1999                
Last Reviewed 09-22-2021                                       
Last Revision    09-22-2021 

 

dawn@iowaschoo… Tue, 09/01/2020 - 10:00

201 - Board of Directors' Elections

201 - Board of Directors' Elections

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

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

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

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

 

 

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

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

Initially Approved 03-08-1999                     
Last Reviewed
03-13-2019                         
Last Revision
03-13-2019 

 

dawn@iowaschoo… Tue, 09/01/2020 - 16:51

202 - Board of Directors Members

202 - Board of Directors Members dawn@iowaschoo… Tue, 09/01/2020 - 16:52

202.1 - Qualifications

202.1 - Qualifications

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

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

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

NOTE:  The last paragraph states the legal requirements to run for the school board.  An individual must be an eligible elector in order to run for the school board.  An eligible elector need not be registered to vote.  An eligible elector needs only to be eligible to be registered to vote.  Also, a spouse of an employee may run for the board. 

 

 

Legal Reference: Iowa Code §§ 63; 68B; 277.4, .27; 279.7A (2013).

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

Initially Approved 03-08-1999              
Last Reviewed
03-13-2019                   
Last Revision                   

 

dawn@iowaschoo… Tue, 09/01/2020 - 16:56

202.2 - Oath of Office

202.2 - Oath of Office

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

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

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

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

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

NOTE:  Board members elected at the regular election do not need to take the oath of office within 10 days.  Those elected at a special election or appointed to fill a vacancy, however, must take the oath of office within 10 days.

 

 

Legal Reference: Iowa Code §§ 277.28; 279.1, .6 (2013).

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

Initially Approved 03-08-1999                              
Last Reviewed
03-13-2019                                   
Last Revision                   

 

dawn@iowaschoo… Tue, 09/01/2020 - 16:53

202.3 - Term of Office

202.3 - Term of Office

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

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

 

 

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

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

Initially Approved 03-08-1999                              
Last Reviewed
03-13-2019                                   
Last Revision 11-12-18   

 

dawn@iowaschoo… Tue, 09/01/2020 - 16:58

202.4 - Vacancies

202.4 - Vacancies

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

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

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

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

NOTE: Special elections called because the board is unable to fill a vacancy by appointment within 30 days or called because a valid petition has been submitted are to be held 60-70 days after the vacancy occurs. These special elections are different than the special school elections (commonly called public measure elections), which are held on four specific dates each year as outlined in Iowa Code. The special elections called to fill a vacancy can be held at any time of the year.

 

 

Legal Reference: Iowa Code §§ 69; 277.29; 279
                                     Good v. Crouch, 397 N.W.2d 757 (Iowa 1986).
                                     Board of Directors of Grimes Independent School Dist. v. County Board of Public Instruction of Polk Co., 257 Iowa 106, 131 N.W.2d 802 (1965).
                                     Board of Directors of Menlo Consol. School Dist. v. Blakesburg, 240 Iowa 910, 36 N.W.2d 751 (1949).
                                     1944 Op. Att'y Gen. 39.

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

Initially Approved  03-08-1999                             
Last Reviewed  
07/08/2020                                   
Last Revision  
07/08/2020

 

dawn@iowaschoo… Tue, 09/01/2020 - 16:35

203 - Conflict of Interest

203 - Conflict of Interest

Board members must be able to make decisions objectively.  It is a conflict of interest for a board member to receive direct compensation from the school district, unless exempted in law or policy, for anything other than reimbursement of actual and necessary expenses, including travel, incurred in the performance of official duties.  A board member will not act as an agent for school textbooks or school supplies including sports apparel or equipment, in any transaction with a director, officer, or other staff member of the school district during the board member’s term of office.  It will not be a conflict of interest for board members to receive compensation from the school district for contracts for the purchase goods or services which benefits a board member, or to compensation for part-time or temporary employment which benefits a board member, if the benefit to the board member does not exceed $6000 in a fiscal year or if the contracts are made by the board, upon competitive bid in writing, publicly invited and opened.

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

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

(1)     The outside employment or activity involves the use of the school district’s time, facilities, equipment and supplies or the use of the school district badge, uniform, business card or other evidence of office to give the board member or member of the board member’s immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public.  For purposes of this section, a person is not “similarly situated” merely by being related to a board member.

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

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

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

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

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

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

NOTE:  This policy reflects the Iowa law on board member conflict of interest.  There is no longer a prohibition on the employment of a spouse of a board member.  Because of this removal, boards have little discretion regarding the employment of board members’ spouses. 

 

 

Legal Reference:          22 C.F.R. § 518.42.

Iowa Code §§ 68B; 71.1; 277.27; 279.7A; 301.28.

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

Initially Approved 03-08-1999                           
Last Reviewed
07/08/2020                       
Last Revision
07/08/2020

 

dawn@iowaschoo… Tue, 09/01/2020 - 16:37

204 - Code of Ethics

204 - Code of Ethics

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

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

AS A SCHOOL BOARD MEMBER:

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

IN MEETING MY RESPONSIBILITY TO MY SCHOOL DISTRICT COMMUNITY

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

IN MY RELATIONSHIP WITH SUPERINTENDENT AND EMPLOYEES

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

TO COOPERATE WITH OTHER SCHOOL BOARDS

  1. I will not employ a superintendent, principal or teacher who is already under contract with another school district without first securing assurance from the proper authority that the person can be released from contract.
  2. I will consider it unethical to pursue any procedure calculated to embarrass a neighboring board or its representatives.
  3. I will not recommend an employee for a position in another school district unless I would employ the employee under similar circumstances.
  4. I will answer all inquiries about the standing and ability of an employee to the best of my knowledge and judgment, with complete frankness.
  5. I will associate myself with board members of other school districts for the purpose of discussing school district issues and cooperating in the improvement of the education program.

 

 

Legal Reference:          Iowa Code §§ 21.6(3)(d); 68B; 69; 277.28; 279.7A, 279.8, 301.28 (2013).

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

Initially Approved 03-08-1999                              
Last Reviewed
03-13-2019                                   
Last Revision                   

 

dawn@iowaschoo… Tue, 09/01/2020 - 16:28

205 - Board Member Liability

205 - Board Member Liability

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

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

 

 

Legal Reference: Wood v. Strickland, 420 U.S. 308 (1975).
  
                                 42 U.S.C. §§ 1983, 1985 (2012).
  
                                  Iowa Code ch. 670 (2013).

Cross Reference: 709  Insurance Program

Initially Approved 03-08-1999                              
Last Reviewed
03-13-2019                                   
Last Revision                   

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:02

206 - Board of Directors' Officers

206 - Board of Directors' Officers dawn@iowaschoo… Tue, 09/01/2020 - 16:55

206.1 - President

206.1 - President

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

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

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

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

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

 

 

Legal Reference: Iowa Code §§ 279.1-.2; 291.1 (2013).

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

Initially Approved 03-08-1999                              
Last Reviewed
09-22-2021                                   
Last Revision 09-22-2021

 

dawn@iowaschoo… Tue, 09/01/2020 - 16:22

206.2 - Vice-President

206.2 - Vice-President

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

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

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

 

 

Legal Reference: Iowa Code § 279.5.

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

Initially Approved 03-08-1999              
Last Reviewed
09-22-2021                                      
Last Revision
09-22-2021

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:05

206.3 - Secretary

206.3 - Secretary

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

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

In the event the board secretary is unable to fulfill the responsibilities set out by the board and the law, the superintendent will appoint someone to assume those duties until the board secretary is able to resume the responsibility or a new board secretary is appointed.  The board secretary will give bond in an amount set by the board.  The cost of the bond will be paid by the school district.

 

 

Legal Reference: Iowa Code §§ 64; 279.3, .5, .7, .32, .33, .35; 291.2-.4, .6-.8, .10-.11; 299.10, (2013).
  
                                    281 I.A.C. 12.3(1).
  
                                    1978 Op. Att'y Gen. 328.

Cross Reference: 202.2   Oath of Office
  
                                    206.4   Treasurer
  
                                    210.1   Annual Meeting
  
                                    215      Board of Directors' Records
  
                                    501.10 Truancy - Unexcused Absences
  
                                    704.3   Investments
  
                                    707.1   Secretary’s Reports
  
                                    708      Care, Maintenance and Disposal of School District Records

Initially Approved 03-08-1999                              
Last Reviewed
03-13-2019                                   
Last Revision
03-13-2019

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:21

206.4 - Treasurer

206.4 - Treasurer

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

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

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

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

 

 

Legal Reference: Iowa Code §§ 12B.10; 12C; 279.3, .31-.33; 291.2-.4, .8, .11-.14.
  
                                    281 I.A.C. 12.3(1).
  
                                    1978 Op. Att'y Gen. 328.

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

Approved  03-13-2019                            
Reviewed 
07-08-2020                            
Revised
07-08-2020

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:01

207 - Board of Directors' Legal Counsel

207 - Board of Directors' Legal Counsel

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

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

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

 

 

Legal Reference: Bishop v. Iowa State Board of Public Instruction, 395 N.W.2d 888 (Iowa 1986).
  
                                  Iowa Code § 279.37 (2013).

Cross Reference: 200      Legal Status of the Board of Directors

Initially Approved 03-08-1999                              
Last Reviewed
03-13-2019                                   
Last Revision __________

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:24

208 - Ad Hoc Committees

208 - Ad Hoc Committees

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

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

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

NOTE:  Most, if not all, board committees are subject to the open meetings law just as the board is.  The only difference between the two bodies is that committees are not required to publish their minutes.  That is only a requirement specifically for school boards, not a requirement of the open meetings law.

 

 

Legal Reference: Iowa Code §§ 21; 279.8; 280.12(2) (2013).
  
                                    281 I.A.C. 12.3(3), .3(8); .5(8).
  
                                    O.A.G., Nov. 18, 1993

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

 

 

 

Initially Approved 03-08-1999                               Last Reviewed 03-13-2019                                    Last Revision                         

dawn@iowaschoo… Tue, 09/01/2020 - 17:20

208.1E1 - Ad Hoc Committees Exhibit

208.1E1 - Ad Hoc Committees Exhibit

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

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

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

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:23

209 - Board of Directors' Management Procedures

209 - Board of Directors' Management Procedures dawn@iowaschoo… Tue, 09/01/2020 - 17:10

209.1 - Development of Policy

209.1 - Development of Policy

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

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

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

 

 

Legal Reference: Iowa Code §§ 274.1-.2; 279.8 (2013).
  
                                    281 I.A.C. 12.3(2).
  
                                    1970 Op. Att'y Gen. 287.

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

Initially Approved 03-08-1999                              
Last Reviewed
03-13-2019                                   
Last Revision                         

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:19

209.2 - Adoption of Policy

209.2 - Adoption of Policy

The board will give notice of adoption of new policies by placing the item on the agenda of two regular board meetings.  The proposed policy changes will be distributed and public comment will be allowed at both meetings prior to final board action.  This notice procedure will be required except for emergency situations.  If the board adopts a policy in an emergency situation, a statement regarding the emergency and the need for immediate adoption of the policy will be included in the minutes.  The board will have complete discretion to determine what constitutes an emergency situation.

The final action taken to adopt the proposed policy will be approved by a simple majority vote of the board at the next regular meeting after the meeting allowing public discussion.  The policy will be effective on the later of the date of passage or the date stated in the motion.

In the case of an emergency, a new or changed policy may be adopted by a majority vote of a quorum of the board.  The emergency policy will expire at the close of the third regular meeting following the emergency action, unless the policy adoption procedure stated above is followed and the policy is reaffirmed.

 

 

Legal Reference: Iowa Code § 279.8 (2013).
  
                                    281 I.A.C. 12.3(2).
  
                                    1970 Op. Att'y Gen. 287.

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

Initially Approved 03-08-1999              
Last Reviewed
03-13-2019   
Last Revision                         

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:15

209.3 - Dissemination of Policy

209.3 - Dissemination of Policy

A board policy manual is housed in the central administration office and is also available electronically on the school district web site.  Persons wishing to review the board policy manual may contact the board secretary, who will have a board policy manual available for public inspection.

 It is the responsibility of the board secretary to ensure copies of new and revised policy statements are distributed to the custodians of board policy manuals no later than the first regular board meeting following the policy's adoption.  Copies of changes in board policy will also be included in or attached to the minutes of the meetings in which the final action was taken to adopt the new or changed policy.

 

 

Legal Reference: Iowa Code §§ 277.31; 279.8 (2013).
  
                                    281 I.A.C. 12.3(2).

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

Initially Approved 03-08-1999                              
Last Reviewed
03-13-2019                                   
Last Revision 01-17-2011

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:16

209.4 - Suspension of Policy

209.4 - Suspension of Policy

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

 

 

Legal Reference: Iowa Code § 279.8 (2013).
  
                                    281 I.A.C. 12.3(2).

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

Initially Approved 03-08-1999                              
Last Reviewed
03-13-2019                                   
Last Revision                         

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:14

209.5 - Administration in the Absence of Policy

209.5 - Administration in the Absence of Policy

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

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

 

 

Legal Reference: Iowa Code § 279.8 (2013).
  
                                    281 I.A.C. 12.3(2).

Cross Reference: 200.3   Responsibilities of the Board of Directors
  
                                    209      Board of Directors' Management Procedures
  
                                    302.4   Superintendent Duties
  
                                    304      Policy Implementation

Initially Approved 03-08-1999                              
Last Reviewed
03-13-2019                                   
Last Revision                         

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:17

209.6 - Review and Revision of Policy

209.6 - Review and Revision of Policy

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

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

  • School District, Board of Directors, Non-instructional Operations, Buildings and Sites, School District-Community Relations (Series 100, 200, 700, 800 and 900)
  • Administration, Employees (Series 300 and 400)
  • Students and Educational Programs (Series 500 and 600)

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

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

 

 

Legal Reference: Iowa Code § 279.8 (2013).
  
                                    281 I.A.C. 12.3(2).

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

Initially Approved 03-08-1999                              
Last Reviewed
03-13-2019                                   
Last Revision 01-17-2005

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:10

209.7 - Review of Administrative Regulations

209.7 - Review of Administrative Regulations

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

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

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

 

 

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

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

Initially Approved 03-08-1999                              
Last Reviewed
03-13-2019                                   
Last Revision                         

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:13

210 - Board of Directors' Meetings

210 - Board of Directors' Meetings dawn@iowaschoo… Tue, 09/01/2020 - 16:41

210.1 - Annual Meeting

210.1 - Annual Meeting

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

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

 

 

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

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

Initially Approved 03-08-1999              
Last Reviewed
07-08-2020                              
Last Revision
07-08-2020

 

dawn@iowaschoo… Tue, 09/01/2020 - 16:59

210.2 - Regular Meeting

210.2 - Regular Meeting

The regular meeting time and date will be set by the board at its organizational meeting in odd-numbered years, or at the annual meeting in even-numbered years.  The regular meetings of the board will be held on the second and fourth Wednesdays at 4:00 PM in the board room at McKinley, with the exception of January which will be the third Wednesday at 4:00 PM and July and December which will not meet the fourth Wednesday.

The board will adhere to these meeting dates and times unless the board requires additional meetings or, due to circumstances beyond the board's control, the meeting cannot be held on the regular meeting date, and the meeting will be re-scheduled in accordance with law and policy.  Public notice of the meetings will be given.

 

 

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

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

Initially Approved 03-08-1999                              
Last Reviewed
01-15-2020                                   
Last Revision
01-15-2020

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:09

210.3 - Special Meeting

210.3 - Special Meeting

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

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

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

 

 

Legal Reference: Iowa Code §§ 21.3, .4; 279.2 (2013).
  
                                    1980 Op. Att'y Gen. 148.

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

Initially Approved 03-08-1999                              
Last Reviewed
03-13-2019                                 
Last Revision                           

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:27

210.4 - Work Sessions

210.4 - Work Sessions

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

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

 

 

Legal Reference: Iowa Code §§ 21; 279.8 (2013).
  
                                    1982 Op. Att'y Gen. 162.
  
                                    1980 Op. Att'y Gen. 167.
  
                                    1976 Op. Att'y Gen. 384, 514, 765.
  
                                    1972 Op. Att'y Gen. 158.
  
                                    1970 Op. Att'y Gen. 287.

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

Initially Approved 03-08-1999                              
Last Reviewed
03-13-2019                                   
Last Revision 02-11-2002

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:07

210.5 - Meeting Notice

210.5 - Meeting Notice

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

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

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

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

 

 

Legal Reference: Dobrovolny v. Reinhardt, 173 N.W.2d 837 (Iowa 1970).
 
                                    Iowa Code §§ 21.2-.4; 279.1, .2 (2013).
 
                                    1952 Op. Att'y Gen. 133.

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

Initially Approved 03-08-1999                              
Last Reviewed
03-13-2019                                   
Last Revision                         

 

dawn@iowaschoo… Tue, 09/01/2020 - 16:46

210.6 - Quorum

210.6 - Quorum

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

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

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

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

 

 

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

Cross Reference: 210      Board of Directors' Meetings

Initially Approved 03-08-1999                              
Last Reviewed
07/08/2020                                    
Last Revision
07/08/2020

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:06

210.7 - Rules of Order

210.7 - Rules of Order

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

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

The purpose of modified rules adopted by the board are:

  • To establish guidelines by which the business of the governing board can be conducted in a regular and internally consistent manner;
  • To organize the meetings so all necessary matters can be brought to the board and decisions of the board can be made in an orderly and reasonable manner;
  • To ensure members of the board, concentrating on the substantive issues at hand, have the necessary information to make decisions, and to ensure adequate discussion of decisions to be made; and,
  • To ensure meetings and actions of the board are conducted so as to be informative to the staff and the public, and to produce a clear record of actions taken and decisions made.

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

 

 

Legal Reference: Iowa Code §§ 21.2, .7; 279.8 (2013).

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

Initially Approved 03-08-1999                              
Last Reviewed
03-13-2019                                   
Last Revision                         

 

dawn@iowaschoo… Tue, 09/01/2020 - 16:47

210.7R1 - Rules of Order Regulation

210.7R1 - Rules of Order Regulation

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

  1. Board members need not rise to gain the recognition of the board president.
  2. All motions will be made as a positive action.
  3. A motion will be adopted or carried if it receives an affirmative vote from more than half of the votes cast.  Only "yes" and "no" votes are counted in this calculation.  It should be noted that some motions require larger numbers of affirmative votes, such as to move into a closed session.
  4. All motions shall receive a second, prior to opening the issue for discussion of the board.  If a motion does not receive a second, the board president may declare the motion dead for lack of a second.
  5. The board president may decide the order in which board members will be recognized to address an issue.  An attempt should be made to alternate between pro and con positions.
  6. The board president shall rule on all motions that come before the board.
  7. The board president may rule on points of order brought before the board.
  8. The board president shall have complete authority to recognize a member of the audience regarding a request to participate in the board meeting.  Members of the public who wish to participate shall follow board policy.
  9. The board president has the authority to declare a recess at any time for the purpose of restoring decorum to the meeting.
  10. The board president has the same authority and responsibility as each board member to vote on all issues

 

dawn@iowaschoo… Tue, 09/01/2020 - 17:11

210.8 - Board Meeting Agenda

210.8 - Board Meeting Agenda

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

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

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

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

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

Legal Reference: Iowa Code §§ 21; 279.8 (2013).
                                     1980 Op. Att'y Gen. 269.

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

Initially Approved 03-08-1999                              
Last Reviewed 03-13-2019                                   
Last Revision                         

 

dawn@iowaschoo… Tue, 09/01/2020 - 16:43

210.8E1 - Board Meeting Agenda Example

210.8E1 - Board Meeting Agenda Example

Clarinda Community School District
Regular Board Meeting
McKinley Central Office
Monday, September 10, 2018
5:00 PM

1. Call to Order

2. Pledge of Allegiance

3. Roll Call

4. Audience to Visitors

5. Agenda Approval    

6. Public Hearings

7. Consent Agenda Approval

      8.1 Approve Minutes

      8.2 Approve Bills

      8.3 Approve resignations, hiring recommendations and transfers

8. Recognitions & Reports

       9.1 Financial Reports

      9.2 Administrator Report

      9.3 Superintendent Report

      9.4 Committee Report

      9.5 Board Correspondence

9.   New Business

10. Meeting Announcements                                   

11. Adjournment

 

dawn@iowaschoo… Tue, 09/01/2020 - 16:45

210.9 - Consent Agendas

210.9 - Consent Agendas

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

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

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

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

 

 

Legal Reference:          Iowa Code §§ 21; 279.8 (2013).

Cross Reference:          210      Board of Directors' Meetings

Initially Approved 03-08-1999                                
Last Reviewed 03-13-2019                                 
Last Revision                         

 

dawn@iowaschoo… Tue, 09/01/2020 - 12:07

210.10 - Order of the Regular Board of Directors' Meeting

210.10 - Order of the Regular Board of Directors' Meeting

The board shall conduct an orderly board meeting.  The board will, at all regular board meetings, follow an agenda order similar to:

      1.  Call to Order     

      2.  Pledge of Allegiance     

      3.  Roll Call

      4.  Audience to Visitors

      5.  Approval of Agenda

      6.  Consider Consent Agenda Items

      7.  Recognition & Reports  

      8.  New Business   

      9.  Meeting Announcements

      10.  Adjournment  

              

 

Legal Reference: Iowa Code §§ 21; 279.8 (2013).

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

Initially Approved 03-08-1999              
Last Reviewed 03-13-2019                           
Last Revision 03-27-2017

 

dawn@iowaschoo… Tue, 09/01/2020 - 12:03

211 - Open Meetings

211 - Open Meetings

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

 

 

Legal Reference:  Iowa Code §§ 21, 279.1-.2.
                                    1982 Op. Att'y Gen. 162.
                                    1980 Op. Att'y Gen. 167.

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

Initially Approved 03-08-1999                              
Last Reviewed
07/08/2020                                    
Last Revision
07/08/2020

 

dawn@iowaschoo… Tue, 09/01/2020 - 12:08

212 - Closed Sessions

212 - Closed Sessions

Generally, board meetings will be open meetings, unless a closed session or exempt meeting is provided for by law.  The board will hold a closed session or exempt meeting in the situations stated below.

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

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

The detailed minutes and tape recording will be sealed and will not be public records open to public inspection.  The minutes and tape recording will only be available to board members or opened upon court order in an action to enforce the requirements of the open meetings law.  The board has complete discretion as to whom may be present at a closed session.

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

  1. To review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for the board's possession or receipt of federal funds.
     
  2. To discuss strategy with legal counsel in matters presently in litigation, or where litigation is imminent, if disclosure would be likely to prejudice or disadvantage the board.
     
  3. To discuss whether to conduct a hearing, or conduct a hearing for suspension or expulsion of a student, unless an open meeting is requested by the student or the parent of the student.
     
  4. To evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when a closed session is necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session.
     
  5. To discuss the purchase or sale of particular real estate, but only when premature disclosure could be reasonably expected to increase the price the board would have to pay for the property, or in case of a sale reduce the price the board could receive for the property.

 

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

  1. negotiating sessions, strategy meetings of public employers or employee organizations, mediation and the deliberative process of arbitration;
     
  2. to discuss strategy in matters relating to employment conditions of employees not covered by the collective bargaining law;
     
  3. to conduct a private hearing relating to the recommended termination of a teacher's contract.  The private hearing however, in the teacher's contract termination will
    be recorded verbatim by a court reporter; and

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

See Policy Primer August 9, 2011

 

 

Legal Reference:  Iowa Code §§ 20.17; 21; 22.7; 279.15, .16, .24 (2013).
                                    1982 Op. Att'y Gen. 162.
                                    1980 Op. Att'y Gen. 167.
                                    1976 Op. Att'y Gen. 384, 514, 765.
                                    1972 Op. Att'y Gen. 158.
                                    1970 Op. Att'y Gen. 287.

Cross Reference:  208      Ad Hoc Committees
                                    211      Open Meetings

Initially Approved 03-08-1999                             
Last Reviewed 03-13-2019                    
Last Revision 03-12-2012

 

dawn@iowaschoo… Tue, 09/01/2020 - 16:24

213 - Public Participation in Board Meetings

213 - Public Participation in Board Meetings

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

Public Comment During Board Meetings

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

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

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

Petitions to Place a Topic on the Agenda

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

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

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

 

 

 

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

Cross Reference:  205      Board Member Liability
                                    210.8   Board Meeting Agenda
                                    214      
Public Hearings
                                    307      Communication Channels
                                    
401.4   Employee Complaints
                                    402.5   Public Complaints About Employees
                                    
502.4    Student Complaints and Grievances

Initially Approved 03-08-1999                              
Last Reviewed 09-22-2021                                   
Last Revision 09-22-2021

 

dawn@iowaschoo… Tue, 09/01/2020 - 12:04

213.1 - Public Complaints

213.1 - Public Complaints

 

The board recognizes situations may arise in the operation of the school district which are of concern to parents and other members of the school district community. 

The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern.  Whenever a complaint or concern is brought to the attention of the board it will be referred to the administration to be resolved.  Prior to board action however, the following should be completed:

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

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

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

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

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

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

 

 

Legal Reference:          Iowa Code § 279.8

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

 

Initially Approved 09-22-2021                              
Last Reviewed 09-22-2021                                   
Last Revision 09-22-2021

nmckinnon@clar… Fri, 09/24/2021 - 09:20

213.1R1 - General Complaints by Citizens

213.1R1 - General Complaints by Citizens

The board recognizes that concerns regarding the operation of the school district will arise.  The board further believes that constructive criticism can assist in improving the quality of the education program and in meeting individual student needs more effectively.  The board also places trust in its employees and desires to support their actions in a manner which frees them from unnecessary or unwarranted criticism and complaints.

Procedures for dealing with complaints concerning programs or practices should be governed by the following principles:

  • where action/investigation is desired by the complainant, or where it seems appropriate, the matter should be handled as near the source as possible;
  • complaints should both be investigated and, if possible, resolved expeditiously;
  • complaints should be dealt with courteously and in a constructive manner; and,
  • individuals directly affected by the complaint should have an opportunity to respond.

Specific procedures for handling complaints may be established in policies.  The board, consistent with its board policy-making role, will deal with complaints concerning specific schools, programs or procedures only after the usual channels have been exhausted.  Complaints regarding employees or complaints by students will follow the more specific policies on those issues.

When a complaint requiring attention is received by the board or a board member it will be referred to the superintendent.  After all of the channels have been exhausted, the complainant may appeal to the board by requesting a place on the board agenda or during the public audience portion of the board meeting.  If the complainant appeals to the board, the appeal will be in writing, will be signed and will explain the process followed by the complainant prior to the appeal to the board.  It is within the board’s discretion to determine whether to hear the complaint.

 

dawn@iowaschoo… Tue, 09/01/2020 - 16:40

213.2R2 - General Complaint Form

213.2R2 - General Complaint Form

Complaint Form

Please click to open the form.

nmckinnon@clar… Tue, 06/15/2021 - 12:16

214 - Public Hearings

214 - Public Hearings

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

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

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

 

 

Legal Reference:          Iowa Code §§ Ch. 21; 26.12; Ch. 24; 279.8, .10; 297.22 (2013).

Cross Reference:          210      Board of Directors' Meetings
                                      213      Public Participation in Board Meetings

                                      601.1   School Calendar
  
                                    703.1   Budget Planning

Initially Approved 03-08-1999                              
Last Reviewed 03-13-2019                                   
Last Revision                         

 

dawn@iowaschoo… Tue, 09/01/2020 - 11:57

215 - Board of Directors' Records

215 - Board of Directors' Records

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

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

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

 

 

Legal Reference:  Iowa Code §§ 21; 22; 279.8, .35, .36; 291.6, .7; 618.3.
                                281 I.A.C. 12.3(1).
                                1982 Op. Att'y Gen. 215.
                                1974 Op. Att'y Gen. 403.
                                1952 Op. Att'y Gen. 133.

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

Initially Approved 03-08-1999                              
Last Reviewed
07-08-2020                                   
Last Revision
07-08-2020

 

dawn@iowaschoo… Tue, 09/01/2020 - 11:49

215.1E1 - Board Meeting Minutes

215.1E1 - Board Meeting Minutes

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

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

  1. The place, date, and time of each meeting.
  2. The type of meeting--regular, special, emergency, work session.
  3. Members present and members absent, by name.
  4. The call to order and adjournment.
  5. The departure of members by name before adjournment.
  6. The late arrival of members, by name.
  7. The time and place of the next meeting.
  8. Approval, or amendment and approval, of the minutes of the preceding meeting.
  9. Complete information as to each subject of the board's deliberation and the action taken.
  10. The maker and seconder of the motion, what action was taken, and the vote on the motion detailed enough to attribute a vote to each member present.
  11. Complete text of all board resolutions, numbered consecutively for each fiscal year.
  12. A record of all contracts entered into, with the contract documents kept in a separate file.
  13. A record of all change orders on construction contracts.
  14. All employment changes, including resignations or terminations.
  15. A record, by number, of the bills of account approved by the board for payment.
  16. A record of all calls for bids, bids received, and action taken thereon.
  17. Approval of all transfers of funds from one budgetary fund to another.
  18. Important documents forming a part of a motion should be made a part of the minutes by exhibit and placed in the minute book along with the minutes.
  19. Board policy and administrative guides should be made a part of the minutes by exhibit.
  20. Adoption of textbooks and establishment of bus routes by the board for the school year as well as the school calendar should become a part of the minutes.
  21. Approval or disapproval of open enrollment requests with justification for disapproval or approval after the deadline.
  22. A record of all delegations appearing before the board and a record of all petitions.
  23. At the annual meeting each year the record should indicate that the books of the treasurer and secretary and the Certified Annual Report have been examined and approved subject to audit.
  24. The election or appointment of board officers.
  25. The appointment of auditors to examine the books.

          At the organizational meeting in September/October, the minutes should reflect the following:

  26. Appointment of a temporary chairperson if not specified in policy.
  27. Oath of office administered to newly elected board members.
  28. Nominations taken for the office of president and vice-president.
  29. Election of the president and vice-president, the votes and the oath of office administered to the president and vice-president.
  30. The resolution to pay bills when the board is not in session.
  31. A resolution to automatically disburse payroll along with a roster of all employees under contract.
  32. A resolution naming depositories along with the maximum deposit for each depository.
  33. Resolution authorizing the use of a check protector and signer and the proper control of the signer.
  34. Motion designating a member or a committee to examine the bills of account for a designated period of time on a rotation basis if desired for the balance of the school year.

NOTE:  There are no legal requirements for the contents of board minutes other than those stated in the policy.  The contents of this exhibit are suggestions and may be amended, altered or deleted

​​​​​​​

dawn@iowaschoo… Tue, 09/01/2020 - 11:59

216 - Membership, Training, Compensation

216 - Membership, Training, Compensation dawn@iowaschoo… Tue, 09/01/2020 - 17:03

216.1 - Association Membership

216.1 - Association Membership

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

 

 

Legal Reference:          Iowa Code § 279.38 (2013).

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

Initially Approved 03-08-1999                              
Last Reviewed 03-13-2019                                   
Last Revision                         

 

dawn@iowaschoo… Tue, 09/01/2020 - 11:54

216.2 - Board of Directors' Member Development and Training

216.2 - Board of Directors' Member Development and Training

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

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

 

 

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

Cross Reference:          216.1   Association Membership

Initially Approved 03-08-1999                              
Last Reviewed
07/08/2020                                    
Last Revision
07/08/2020

 

dawn@iowaschoo… Tue, 09/01/2020 - 11:47

216.3 - Board of Directors' Member Compensation and Expenses

216.3 - Board of Directors' Member Compensation and Expenses

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

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

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

 

 

Legal Reference: Iowa Code §§ 68B; 277.27; 279.7A, .8, .32 (2013).

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

Initially Approved 03-08-1999                              
Last Reviewed 03-13-2019                                   
Last Revision                         

 

dawn@iowaschoo… Tue, 09/01/2020 - 11:56

217 - Gifts to Board of Directors

217 - Gifts to Board of Directors

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

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

  •  Is seeking to be or is a party to any one or any combination of sales, purchases, leases or contracts to, from or with the school district;
  • Will be directly and substantially affected financially by the performance or nonperformance of the board member's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or
  • Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.

A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received.  However, "gift" does not include any of the following:

  • Contributions to a candidate or a candidate's committee;
  • Information material relevant to a board member's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;
  • Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
  • An inheritance;
  • Anything available or distributed to the general public free of charge without regard to the official status of the board recipient;
  • Items received from a charitable, professional, educational or business organization to which the board member belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;
  • Actual expenses of a board member for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the board member has participation or presentation responsibilities;
  • Plaques or items of negligible resale value given as recognition for public service;
  • Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;
  • Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;
  • Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
  • Funeral flowers or memorials to a church or nonprofit organization;
  • Gifts which are given to a public official for the public official's wedding or twenty-fifth or fiftieth wedding anniversary;
  • Payment of salary or expenses by a board member's employer or the firm in which the board member is a member for the cost of attending a meeting of a subunit of an agency when the board member whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the board member is not entitled to receive compensation or reimbursement of expenses from the school district;
  • Gifts other than food, beverages, travel and lodging received by a board member which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the board member; or
  • Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions.  The costs of food, drink, lodging and travel are not "registration costs" under this paragraph.  Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.

An "honorarium" is anything of value that is accepted by, or on behalf of, a board member as consideration for an appearance, speech or article.  An honorarium does not include any of the following:

  • Actual expenses of a board member for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the board member has participation or presentation responsibilities;
  • A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the department of general services; or
  • A payment made to a board member for services rendered as part of a private business, trade or profession in which the board member is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as a board member but, rather, because of some special expertise or other qualification.

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

 

 

Legal References:  Iowa Code ch. 68B (2013).
                                    1972 Op. Att'y Gen. 276.
                                    1970 Op. Att'y Gen. 319.

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

Initially Approved 03-08-1999                              
Last Reviewed 03-13-2019                                   
Last Revision                         

 

dawn@iowaschoo… Tue, 09/01/2020 - 11:42

300 - ADMINISTRATION POLICIES

300 - ADMINISTRATION POLICIES Jen@iowaschool… Mon, 08/24/2020 - 08:44

300 - Role of School District Administration

300 - Role of School District Administration

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

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

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

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

The board and the administration will work together to share information and make decisions.

 

 

Initially Approved   03-12-2001                       
Last Reviewed   04-14-2021                               
Last Revision     04-14-2021

 

dawn@iowaschoo… Wed, 09/02/2020 - 11:34

301 - Administrative Structure

301 - Administrative Structure dawn@iowaschoo… Wed, 09/02/2020 - 11:36

301.1 - Management

301.1 - Management

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

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

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

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

 

 

Legal Reference: Iowa Code § 279.8.

Cross Reference: 301      Administrative Structure

Initially Approved   03-12-2001                       
Last Reviewed   04-14-2021                              
Last Revision                              

 

dawn@iowaschoo… Wed, 09/02/2020 - 11:37

302 - Superintendent

302 - Superintendent dawn@iowaschoo… Wed, 09/02/2020 - 11:14

302.1 - Superintendent Qualifications, Recruitment, Appointment

302.1 - Superintendent Qualifications, Recruitment, Appointment

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

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

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

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

 

 

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

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

Initially Approved   03-12-2001                       
Last Reviewed   04-14-2021                              
Last Revision 04-14-2021

 

dawn@iowaschoo… Wed, 09/02/2020 - 11:28

302.2 - Superintendent Contract and Contract Nonrenewal

302.2 - Superintendent Contract and Contract Nonrenewal

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

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

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

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

 

 

Legal Reference: Martin v. Waterloo Community School District, 518 N.W. 2d 381 (Iowa 1994).
  
                                    Cook v Plainfield Community School District, 301 N.W.2d 771 (Iowa App. 1980).
  
                                    Board of Education of Fort Madison Community School District v. Youel, 282 N.W.2d 677 (Iowa 1979).
  
                                    Briggs v Board of Directors of Hinton Community School District, 282 N.W.2d 740 (Iowa 1979).
  
                                    Luse v. Waco Community School District of Henry Co., 258 Iowa 1087, 141 N.W.2d 607 (1966).
  
                                    Iowa Code §§ 279
  
                                    281 I.A.C. 12.4(4).

Cross Reference: 302      Superintendent

Initially Approved   03-12-2001                       
Last Reviewed   
04-14-2021                                
Last Revision
04-14-2021  

 

dawn@iowaschoo… Wed, 09/02/2020 - 11:30

302.3 - Superintendent Salary and Other Compensation

302.3 - Superintendent Salary and Other Compensation

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

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

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

 

 

Legal Reference: Iowa Code §§ 279.8, .20.
                                      1984 Op. Att'y Gen. 47.

Cross Reference: 302      Superintendent

Initially Approved   03-12-2001                       
Last Reviewed   
04-14-2021                                 
Last Revision    
04-14-2021      

 

dawn@iowaschoo… Wed, 09/02/2020 - 11:15

302.4 - Superintendent Duties

302.4 - Superintendent Duties

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

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

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

  • Interprets and implements all board policies and all state and federal laws relevant to education;
  • Supervises, either directly or through delegation, all activities of the school system according to, and consistent with, the policies of the board;
  • Represents the board as a liaison between the school district and the community;
  • Establishes and maintains a program of public relations to keep the public well-informed of the activities and needs of the school district, effecting a wholesome and cooperative working relationship between the school district and the community;
  • Attends and participates in all meetings of the board, except when the superintendent has been excused, and makes recommendations affecting the school district;
  • Reports to the board on such matters as deemed material to the understanding and proper management of the school district or as the board may request;
  • Assumes responsibility for the overall financial planning of the district and for the preparation of the annual budget, and submits it to the board for review and approval;
  • Establishes and maintains efficient procedures and effective controls for all expenditures of school district funds in accordance with the adopted budget, subject to the direction and approval of the board;
  • Files, or causes to be filed, all reports required by law;
  • Makes recommendations to the board for the selection of employees for the school district;
  • Makes and records assignments and transfers of all employees pursuant to their qualifications;
  • Employs such employees as may be necessary, within the limits of budgetary provisions and subject to the board's approval;
  • Recommends to the board, for final action, the promotion, salary change, demotion, or dismissal of any employee;
  • Prescribes rules for the classification and advancement of students, and for the transfer of students from one building to another in accordance with board policies;
  • Summons employees of the school district to attend such regular and occasional meetings as are necessary to carry out the education program of the school district;
  • Supervises methods of teaching, supervision, and administration in effect in the schools;
  • Attends such conventions and conferences as are necessary to keep informed of the latest educational trends;
  • Accepts responsibility for the general efficiency of the school system, for the development of the employees, and for the educational growth and welfare of the students;
  • Defines educational needs and formulates policies and plans for recommendation to the board;
  • Makes administrative decisions necessary for the proper functioning of the school district;
  • Has final word for scheduling the use of buildings and grounds by all groups and/or organizations;
  • Acts as the purchasing agent for the board, and establishes procedures for the purchase of books, materials and supplies;
  • Approves vacation schedules for employees;
  • Conducts periodic district administration meetings;
  • Performs other duties as may be assigned by the board.
  • Supervises the establishment or modification of the boundaries of school attendance and transportation areas subject to approval of the board; and
  • Directs studies of buildings and sites, taking into consideration population trends and the educational and cultural needs of the district in order to ensure timely decisions by the board and the electorate regarding construction and renovation projects.

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

 

 

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

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

Initially Approved   03-12-2001                       
Last Reviewed   
04-14-2021                                
Last Revision    
04-14-2021       

 

dawn@iowaschoo… Wed, 09/02/2020 - 11:31

302.5 - Superintendent Evaluation

302.5 - Superintendent Evaluation

The board will conduct an ongoing evaluation of the superintendent's skills, abilities, and competence.  At a minimum, the board will formally evaluate the superintendent on an annual basis.  The goal of the superintendent's formal evaluation is to ensure the education program for the students is carried out, promote growth in effective administrative leadership, clarify the superintendent's role, clarify the immediate priorities of the board, and develop a working relationship between the board and the superintendent. This policy supports and does not preclude the ongoing, informal evaluation of the superintendent's skills, abilities and competence.

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

  • Mission, Vision and Core Values:  Develop, advocate and enact a shared mission, vision, and core values of high-quality education and academic success and well-being of each student.
  • Ethics and Professional Norms:  Act ethically and according to professional norms to promote each student’s academic success and well-being.
  • Equity and Cultural Responsiveness:  Strive for equity of educational opportunity and culturally responsive practices to promote each student’s academic success and well-being.
  • Curriculum, Instruction and Assessment:  Develop and support intellectually rigorous and coherent systems of curriculum, instruction and assessment to promote each student’s academic success and well-being.
  • Community Care and Support for Students:  Cultivate an inclusive, caring and supportive school community that promotes the academic success and well-being of each student.
  • Professional Capacity of School Personnel:  Develop the professional capacity and practice of school personnel to promote each student’s academic success and well-being.
  • Professional Community for Teachers and Staff:  Foster a professional community of teachers and professional staff to promote each student’s academic success and well-being. 
  • Meaningful Engagement of Families and Community:  Engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student’s academic success and well-being.
  • Operations and Management:  Manage school operations and resources to promote each student’s academic success and well-being.
  • School Improvement:  Act as an agent of continuous improvement to promote each student’s academic success and well-being.

The formal evaluation will be based upon the following principles:

  • The evaluation criteria will be in writing, clearly stated and mutually agreed upon by the board and the superintendent.  The criteria will be related to the job description, the Iowa Standards for School Leaders, and the school district's goals, and the goals of the administrator’s individual professional development plan.
  • At a minimum, the evaluation process will be conducted annually at a time agreed upon;
  • Each board member will have an opportunity to individually evaluate the superintendent, and these individual evaluations will be compiled into an overall evaluation by the entire board;
  • The superintendent will conduct a self-evaluation prior to discussing the board's evaluation, and the board as a whole will discuss its evaluation with the superintendent;
  • The board may discuss its evaluation of the superintendent in closed session upon a request from the superintendent and if the board determines its discussion in open session will needlessly and irreparably injure the superintendent's reputation; and,
  • The individual evaluation by each board member, if individual board members so desire, will not be reviewed by the superintendent.  Board members are encouraged , however, to communicate their criticisms and concerns to the superintendent in the closed session.  The board president will develop a written summary of the individual evaluations, including both the strengths and the weaknesses of the superintendent, and place it in the superintendent's personnel file to be incorporated into the next cycle of evaluations.

 

 

 

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

Cross Reference: 212      Closed Sessions
  
                                    302      Superintendent

Initially Approved   03-12-2001                       
Last Reviewed   
09-22-2021                                
Last Revision
09-22-2021  

 

dawn@iowaschoo… Wed, 09/02/2020 - 11:16

302.5E1 - Superintendent Evaluation Form

302.5E1 - Superintendent Evaluation Form

STANDARD #1: A superintendent is an educational leader who promotes the success of all students by facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community. (Shared Vision)

 

1a.    In collaboration with others, uses appropriate data to establish rigorous, concrete goals in the context of student achievement and instructional programs.

  • Identifies critical data elements with stakeholder groups (i.e. teacher leaders, principals, SIAC, Board, etc.).
  • Ensures data-driven goals are set for the building and district teams.
  • Participates in planning process to establish measurable goals with all stakeholders.

1b.    Uses research and/or best practices in improving the educational program.

  • Demonstrates knowledge of current research and best practice.
  • Ensures staff has access to information and/or examples of current research and best practice.
  • Aligns goals with current research and best practice about high quality instructional programs.
  • Systematically engages stakeholders in discussions about current research and best practice.

1c.     Articulates and promotes high expectations for teaching and learning.

  • Holds administrative team to established expectations for teacher and student performance.
  • Works with stakeholders to establish expectations for teacher and student performance.
  • Communicates and discusses expectations for teaching and learning with stakeholders.
  • Promotes the belief that all students will master rigorous academic standards.
  • Facilitates goal setting to improve student achievement.

1d.    Aligns and implements the education programs, plans, actions, and resources with the district’s vision and goals.

  • Ensures building-level goals and action plans are consistent with district goals.
  • Ensures curriculum, instruction, and assessment alignment.
  • Provides leadership for development of effective and meaningful school improvement plan.
  • Makes decisions and allocates resources to support building and district goals.

1e.     Provides leadership for major initiatives and change efforts.

  • Demonstrates understanding of the change process.
  • Systematically plans change efforts to improve student achievement.
  • Uses knowledge of the school, district and community environment to inform planning and actions.
  • Allocates resources to support initiatives and change efforts.
  • Supports staff during the change process.
  • Garners staff and community support for change.
  • Fosters a climate of shared leadership.

1f.     Communicates effectively to various stakeholders regarding progress with school improvement plan goals.

  • Uses multiple means of communication to report district progress to share and help all stakeholders
  • understand district progress.
  • Responds to stakeholder questions and/or concerns with information.

 

 

Evidence:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Reflection:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Summary Rating

 

Meets Standard

 

Doesn’t Meet Standard

 

STANDARD #2: An educational leader promotes the success of all students by advocating, nurturing and sustaining a school culture and instructional program conducive to student learning and staff professional development. (Culture of Learning)

2a.  Provides leadership for assessing, developing and improving climate and culture.

  • Articulates a plan to improve/sustain the desired climate and culture.
  • Defines a set of core values, which reflect the desired climate and culture.
  • Facilitates the assessment of implementation of plan and alters as necessary based on data sources.
  • Fosters a climate in which every student is well known, respected, and cared for.

    2b.   Systematically and fairly recognizes and celebrates accomplishments of staff and students.

  • Develops a structure that ensures all students and staff earn recognition for work well done.
  • Communicates accomplishments of staff and students to district stakeholders.

2c.   Provides leadership, encouragement, opportunities and structure for staff to continually design more effective teaching and learning experiences for all students.

  • Articulates desired effective teaching and learning experiences.
  • Facilitates the utilization of effective current practices and new innovations.
  • Orchestrates processes to improve teaching and learning experiences.
  • Facilitates the assessment of the results, which reflect the success of established processes.

    2d.   Monitors and evaluates the effectiveness of curriculum, instruction and assessment.         

  • Ensures a high quality system is in place and used for the review of curriculum implementation and

                                    instruction and assessment practices.

  • Facilitates the collection of data related to curriculum, instruction and assessment.
  • Facilitates the collaborative analysis of data related to curriculum, instruction and assessment.
  • Ensures that a rigorous academic program is in place at each school.
  • Ensures that each student is engaged in a rigorous course of study.
  • Ensures that the curricular program is aligned with assessment systems.
  • Ensures that the curricular program is aligned across grades and levels of schooling.
  • Ensures that the regular and special programs (special education, English and a second language, etc.) are aligned.    

    2e.   Evaluates staff and provides ongoing coaching for improvement.

  • Demonstrates an understanding of and applies the Iowa School Leadership Standards and Criteria.
  • Maximizes district evaluation process to improve staff performance.
  • Initiates frequent conversations focused on continuous improvement.
  • Initiates critical conversations about quality teaching.

    2f.    Ensures staff members have professional development that directly enhances their performance and improves student learning.

  • Allocates resources to provide ongoing, research-based professional development.
  • Ensures professional development reflects current research-based practices, which have demonstrated improvement in student achievement.
  • Solicits input from staff regarding professional development needs and planning.
  • Collaborates with staff in the design of a plan that correlates with the Iowa Professional Development Model.

    2g.   Uses current research and theory about effective schools and leadership to develop and revise his/her professional growth plan.

  • Demonstrates an understanding of current research and theory regarding effective schools and leadership.
  • Builds professional growth plan based on school district needs, the school improvement plan and data on student performance.            

    2h.   Promotes collaboration with all stakeholders.

  • Ensures that a variety of stakeholders are meaningfully involved in accomplishing the mission of the school.
  • Provides time and opportunities for collaboration.
  • Provides meaningful opportunities for students to be engaged in school.
  • Fosters a culture in which teachers collaboratively engage, on a routine basis, on the shared work of
  • improving the instructional program.

    2i.    Is easily accessible and approachable to all stakeholders.

  • Develops and communicates a process for stakeholders to communicate with the administrator.

        2j.    Is highly visible and engaged in the school community.

  • Interacts with stakeholders in ways that enhance their support for the district.
  • Makes systematic and frequent visits to buildings and school and community activities.

    2k.   Articulates the desired school culture and shows evidence about how it is reinforced.

  • Develops a shared vision of the school culture.
  • Collects, shares and analyzes data regarding school cultures.

 

Evidence:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Reflection:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Summary Rating

 

Meets Standard

 

Doesn’t Meet Standard

 

STANDARD #3: An educational leader promotes the success of all students by ensuring management

of the organization, operations and resources for a safe, efficient and effective learning environment.

(Management)

 

3a.  Complies with state and federal mandates and local board policies.

  • Ensures organizational compliance at all levels of local, state, and federal policies and mandates.
  • Explains local, state, and federal policies and mandates to stakeholders.
  • Allocates resources to support the compliance of local, state, and federal policies and mandates.
  • Develops and ensures the implementation of procedures and structures to support the compliance at all levels of local, state, and federal policies and mandates.

3b.  Recruits, selects, inducts, and retains staff to support quality instruction.

  • Uses a variety of methods and resources to recruit highly qualified staff.
  • Develops district procedures for hiring staff and ensures the process is followed.
  • Ensures opportunities are provided for orientation, mentoring, and ongoing support for staff.

3c.   Addresses current and potential issues in a timely manner.

  • Identifies issues with the potential to impact the district.
  • Develops plans to address the issues with the potential to impact the district.
  • Uses appropriate methods to communicate plans.

3d.  Manages fiscal and physical resources responsibly, efficiently, and effectively.

  • Allocates resources, including technology, to optimize student learning.
  • Implements and communicates effective budgetary policies and procedures.
  • Assesses district facility needs and develops plan to meet those needs.

3e.   Protects instructional time by designing and managing operational procedures to maximize learning.

  • Develops a school calendar to optimize student learning.
  • Work with Board to develop policies and procedures to optimize student learning.

3f.   Communicates effectively with both internal and external audiences about the operations of the school.

  • Ensures the development and maintenance of a district communication plan.
  • Gathers information and input from a variety of sources prior to communicating.
  • Communicates accurate information to appropriate audience(s) in a timely manner.

 

Evidence:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Reflection:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Summary Rating

 

Meets Standard

 

Doesn’t Meet Standard

 

STANDARD #4: An educational leader promotes the success of all students by collaborating with families and community members, responding to diverse community interests and needs and mobilizing community resources. (Family and Community)

 

4a.  Engages family and community by promoting shared responsibility for student learning and support of the education system.

  • Ensures the involvement of students, families, and community members in the decision-making process to enhance student achievement.
  • Promotes collaborative opportunities to enhance district achievement.
  • Builds partnerships with community groups to support district goals.

4b.  Promotes and supports a structure for family and community involvement in the education system.

  • Establishes system for school and stakeholders to communicate with one another.
  • Collects and uses input/feedback from families and community for decision making.
  • Provides for skill development to family and community to support student learning.
  • Models equity in engaging stakeholders that represent the diversity of the school community.
  • Secures resources from the larger community to support school goals.

4c.   Facilitates the connections of students and families to the health and social services that support a focus on learning.

  • Ensures process exists for connecting students and families to appropriate health and social services.

4d.  Collaboratively establishes a culture that welcomes and honors families and community and seeks ways to engage them in student learning.

  • Interacts with parents in ways that enhance their support for student learning.
  • Fosters responsibility among staff to provide welcoming culture for all.
  • Promotes respect for diversity; Capitalizes on the diversity of the school community.

 

Evidence:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Reflection:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Summary Rating

 

Meets Standard

 

Doesn’t Meet Standard

 

STANDARD #5: An educational leader promotes the success of all students by acting with integrity, fairness and in an ethical manner. (Ethics)

 

 5a.  Demonstrates ethical and professional behavior.

  • Adheres to state and federal mandates.
  • Adheres to board policies, district procedures, and contractual obligations.
  • Adheres to professional standards of behavior.
  • Treats people fairly and with respect.

 5b.  Demonstrates values, beliefs, and attitudes that inspire others to higher levels of performance.

  • Portrays a positive attitude about the ability of staff and students to accomplish substantial goals.
  • Supports major initiatives.
  • Communicates and models ideals and beliefs about schooling, teaching, and learning with stakeholders.

 5c.   Fosters and maintains caring professional relationships with staff.

  • Remains aware of personal needs of the staff.
  • Is informed about significant personal issues in the lives of the staff.
  • Acknowledges significant events in the lives of the staff.

 5d.  Demonstrates appreciation for and sensitivity to diversity in the school community.

  • Practices equity in meeting district needs.

 5e.   Is respectful of divergent opinions.

  • Solicits the opinion of others.

 

Evidence:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Reflection:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Summary Rating

 

Meets Standard

 

Doesn’t Meet Standard

 

STANDARD #6: An educational leader promotes the success of all students by understanding the profile of the community and responding to and influencing the larger political, social, economic, legal and cultural context. (Societal Context)

 

6a.  Collaborates with service providers and other decision-makers to improve teaching and learning.

  • Participates in efforts for improved education through the political process.
  • Responds to community needs by supporting educational programs.
  • Interacts with organizations to enhance support for schools.

6b.  Advocates for the welfare of all members of the learning community.

  • Serves as educational liaison to the community.
  • Advocates for children and families in the larger community.

6c.   Designs and implements appropriate strategies to reach desired goals.

  • Assesses needs and analyzes data before making decisions.
  • Provides opportunities for input from all stakeholders.
  • Understands community profile and its relationship to global society.
  • Ensures the infusion of global understandings in program design and implementation.

Evidence:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Reflection:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Summary Rating

 

Meets Standard

 

Doesn’t Meet Standard

 

PART III – OVERALL SUMMARY   [Check (√) one in each row]

 

Job Responsibilities:

Meets Standard

Does not meet Standard

Standard      1

 

 

 

Standard      2

 

 

 

Standard      3

 

 

 

Standard      4

 

 

 

Standard      5

 

 

 

Standard      6

 

 

 

 

 

 

 

 

 

Significant Achievements:

 

 

 

 

Areas for Growth:

 

 

 

 

 

Superintendent Comments:

 

 

 

 

 

School Board President Comments:

 

 

 

 

 

Recommendation for Continuous Improvement (check one)

 

_____Professional Growth Plan

 

_____Remediation Target(s)                                         

 

                                                                                                                                                                      

 

Superintendent’s Signature:                                                                               Date:                                    

Evaluation Period: ____________________20____ to                                        , 20____

 

Board President’s Signature:                                                                              Date:                                    

dawn@iowaschoo… Wed, 09/02/2020 - 11:19

302.6 - Superintendent Professional Development

302.6 - Superintendent Professional Development

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

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

The superintendent will report to the board after an event.

 

 

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

Cross Reference: 303.7   Administrator Professional Development
  
                                    401.7 Employee Travel Compensation

Initially Approved   03-12-2001                       
Last Reviewed   
04-14-2021                                
Last Revision    
04-14-2021     

 

dawn@iowaschoo… Wed, 09/02/2020 - 11:14

302.7 - Superintendent Civic Activites

302.7 - Superintendent Civic Activites

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

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

 

 

 

 

Legal Reference: Iowa Code § 279.8.

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

Initially Approved   03-12-2001                        
Last Reviewed   
04-14-2021                               
Last Revision   
07-08-2020  

 

dawn@iowaschoo… Wed, 09/02/2020 - 11:26

302.8 - Superintendent Consulting/Outside Employment

302.8 - Superintendent Consulting/Outside Employment

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

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

 

 

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

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

Initially Approved   03-12-2001                       
Last Reviewed   
04-14-2021                                
Last Revision                              

 

dawn@iowaschoo… Wed, 09/02/2020 - 11:27

303 - Administrative Employees

303 - Administrative Employees dawn@iowaschoo… Wed, 09/02/2020 - 10:28

303.1 - Administrative Positions

303.1 - Administrative Positions

The school district will have, in addition to the superintendent, other administrative positions deemed necessary by the board.  These administrators will work closely with the superintendent in the day-to-day operations of the school district.

It is the responsibility of these administrators to uphold board policy, to instill a positive, cooperative environment with employees, and to share their expertise with each other and the board under the management team concept.

 

 

Legal Reference: Iowa Code §§ 279.8, .20, .21, .23-.24.
  
                                    281 I.A.C. 12.4.

Cross Reference: 301      Administrative Structure
  
                                    303      Administrative Employees

Initially Approved   03-12-2001                       
Last Reviewed   
04-14-2021                                
Last Revision 02-23-2004

 

dawn@iowaschoo… Wed, 09/02/2020 - 10:29

303.2 - Administrator Qualifications, Recruitment, Appointment

303.2 - Administrator Qualifications, Recruitment, Appointment

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

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

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

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

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

 

 

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

Cross Reference: 303      Administrative Employees

Initially Approved   03-12-2001                       
Last Reviewed   
04-14-2021                                
Last Revision 02-25-2008

 

dawn@iowaschoo… Wed, 09/02/2020 - 11:05

303.3 - Administrator Contract and Contract Renewal

303.3 - Administrator Contract and Contract Renewal

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

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

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

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

 

 

Legal Reference: Martin v. Waterloo Community School District, 518 N.W. 2d 381 (Iowa 1994).
  
                                    Cook v Plainfield Community School District, 301 N.W. 2d 771 (Iowa App. 1980).
  
                                    Board of Education of Fort Madison Community School District v Youel, 282 N.W. 2d 677 (Iowa 1979).
  
                                    Briggs v Board of Education of Hinton Community School District, 282 N.W. 2d 740 (Iowa 1979).
  
                                    Iowa Code §§ 279
  
                                    281 I.A.C. 12.4(4),

Cross Reference: 303      Administrative Employees

Initially Approved   03-12-2001                       
Last Reviewed   
04-14-2021                                
Last Revision
04-14-2021  __

 

dawn@iowaschoo… Wed, 09/02/2020 - 11:08

303.4 - Administrator Salary and Other Compensation

303.4 - Administrator Salary and Other Compensation

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

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

 

 

Legal Reference: Iowa Code § 279.21.
  
                                    

Cross Reference: 303      Administrative Employees

Initially Approved   03-12-2001                       
Last Reviewed   
04-14-2021                                
Last Revision    
04-14-2021        

 

dawn@iowaschoo… Wed, 09/02/2020 - 11:12

303.5 - Administrator Duties

303.5 - Administrator Duties

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

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

  • Cooperate in the general organization and plan of procedure in the school under the principal's supervision;
  • Supervision of the teachers in the principal's attendance center;
  • Maintain the necessary records for carrying out delegated duties;
  • Work with the superintendent in rating, recommending and selecting supervised employees whenever possible;
  • Work with the superintendent in determining the education program to be offered and in arranging the schedules.  As much of the schedule as possible should be made before school closes for summer vacation.  In the matter of courses offered, the final approval rests with the superintendent who is in turn responsible to the board;
  • Ensure that proper care is taken of all school books, supplies, materials, equipment, furniture and facilities;
  • Instruct teachers to make a complete annual inventory of all school property contained in their individual rooms.  This inventory is reviewed and filed with the board secretary;
  • Investigate excessive cases of absence or tardiness of students and notify the parents or guardians of unexcused absence or tardiness.  All such cases should be reported to the superintendent;
  • Make such reports from time to time as the superintendent may require;
  • Maintain the regular schedule of school hours established by the board and make no temporary changes in the schedule without the consent of the superintendent;
  • Promptly notify the superintendent whenever ventilation, sanitation or heating of the building is unsatisfactory;
  • Contribute to the formation and implementation of general policies and procedures of the school;
  • Perform such other duties as may be assigned by the superintendent of schools.

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

 

 

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

Cross Reference: 301      Administrative Structure
  
                                    303      Administrative Employees

Initially Approved   03-12-2001                 
Last Reviewed   
04-14-2021                                
Last Revision   07-08-2020 

 

dawn@iowaschoo… Wed, 09/02/2020 - 11:06

303.6 - Administrator Evaluation

303.6 - Administrator Evaluation

The superintendent will conduct an ongoing process of evaluating the administrators on their skills, abilities, and competence.  At a minimum, the superintendent will formally evaluate the administrators annually.  The goal of the formal evaluation process is to ensure that the educational program for the students is carried out, ensure student learning goals of the school district are met, promote growth in effective administrative leadership for the school district, clarify the administrator's role as defined by the board and the superintendent, assess administrator competence in the Iowa Standards for School leaders, ascertain areas in need of improvement, clarify the immediate priorities of the responsibilities listed in the job description, and develop a working relationship between the superintendent and the administrator.  This policy supports and does not preclude the ongoing informal evaluation of the administrator's skills, abilities and competence.

The superintendent is responsible for designing an administrator evaluation instrument to assess, among other things, the administrator’s competence in meeting the Iowa Standards for School Leaders and the goals of the administrator’s individual professional development plan. The formal evaluation will include written criteria related to the job description and the Iowa Standards for School Leaders. The superintendent, after receiving input from the administrators, will present the formal evaluation instrument to the board for approval.

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

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

  • Mission, Vision and Core Values:  Develop, advocate and enact a shared mission, vision, and core values of high-quality education and academic success and well-being of each student.
  • Ethics and Professional Norms:  Act ethically and according to professional norms to promote each student’s academic success and well-being.
  • Equity and Cultural Responsiveness:  Strive for equity of educational opportunity and culturally responsive practices to promote each student’s academic success and well-being.
  • Curriculum, Instruction and Assessment:  Develop and support intellectually rigorous and coherent systems of curriculum, instruction and assessment to promote each student’s academic success and well-being.
  • Community Care and Support for Students:  Cultivate an inclusive, caring and supportive school community that promotes the academic success and well-being of each student.
  • Professional Capacity of School Personnel:  Develop the professional capacity and practice of school personnel to promote each student’s academic success and well-being.
  • Professional community for Teachers and Staff:  Foster a professional community of teachers and professional staff to promote each student’s academic success and well-being. 
  • Meaningful Engagement of Families and Community:  Engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student’s academic success and well-being.
  • Operations and Management:  Manage school operations and resources to promote each student’s academic success and well-being.
  • School Improvement:  Act as an agent of continuous improvement to promote each student’s academic success and well-being.

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

 

 

 

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

Cross Reference: 303      Administrative Employees

Initially Approved   03-12-2001                       
Last Reviewed   
09-22-2021                           
Last Revision 09-22-2021 

 

dawn@iowaschoo… Wed, 09/02/2020 - 10:49

303.7 - Administrator Professional Development

303.7 - Administrator Professional Development

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

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

The administrator will report to the superintendent after an event.

 

 

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

Cross Reference: 302.6   Superintendent Professional Development
  
                                    401.7   Employee Travel Compensation

Initially Approved   03-12-2001                        
Last Reviewed   
04-14-2021                                
Last Revision    
04-14-2021         

 

dawn@iowaschoo… Wed, 09/02/2020 - 10:47

303.8 - Administrator Civic Activities

303.8 - Administrator Civic Activities

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

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

 

 

 

 

 

Legal Reference: Iowa Code § 279.8.

Cross Reference: 302.7   Superintendent Civic Activities

Initially Approved   03-12-2001                       
Last Reviewed   
04-14-2021                               
Last Revision   
07-08-2020  

 

dawn@iowaschoo… Wed, 09/02/2020 - 10:50

303.9 - Administrator Consulting/Outside Employment

303.9 - Administrator Consulting/Outside Employment

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

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

 

 

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

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

Initially Approved   03-12-2001                       
Last Reviewed   
04-14-2021                                
Last Revision                              

 

dawn@iowaschoo… Wed, 09/02/2020 - 10:48

303.10 - Voluntary Early Retirement Policy

303.10 - Voluntary Early Retirement Policy

1.         PURPOSE

It is the expressed intent of the Board, through this policy, to acknowledge full time classified and administrative employees who have provided years of service to the School District by offering them a voluntary early retirement incentive subject to the terms and conditions set out in this Policy. 

 

2.         STATEMENT OF NON-DISCRIMINATION

The School District will not discriminate against any employee on the basis of age, gender, race, color, creed, religion, national origin, or disability through the application or administration of this policy.

 

3.         ELIGIBILITY

A regular, full-time administrative employee is eligible for early retirement if the employee:

a.          has reached at least the age of 55 by January 1 of current school year,

b.         has continuously worked a minimum of the most previous five years of service at the School District and is actively employed on a full-time basis as a classified employee during the last school year prior to early retirement,

c.          notifies the Board as provided by this Policy, not later than 4:00 p.m. December 23,

d.         retires effective not later than the end of the current contract year,

e.          is not eligible for, applying for, or receiving benefits under a leave of absence or other District plan,

f.          has not received a notice as of December 23 concerning termination of the employee’s contract, unless the notice is based upon reasons which are related to staff reduction, and

g.         has not previously received early retirement benefits from the School District.

 

4.         DEFINITION OF TERMS

a.          Years of service - Years of service must be consecutive and most recent.

b.         Continuously Worked - Continuous employment must be without any voluntary interruptions of service.  Interruptions due to reductions in force or due to approved leaves of absence will not constitute a voluntary interruption in service, unless the interruption or leave exceeds twenty-four (24) consecutive months in length.  However, the period of time during which an employee is absent due to a reduction in force or due to an approved leave will not be counted for purposes of determining the minimum years of service required to establish eligibility.

c.          Regular full-time classified or administrative employee - A regular full-time classified or administrative employee is an employee who works a minimum of four hours per workday for 180 workdays or more each school year.

 d.         “Actively employed” – means the employee has been at work and performing assigned duties for at least 80 percent of the workdays over the previous 12 months.

 

5.         APPLICATION

a.          Under ordinary circumstances, applications must be received by the Superintendent not later than 4:00 p.m. December 23.

b.         The date of retirement for eligible employees will ordinarily be the end of the individual’s contract year.  However, another date may be requested and approved by the Board.

c.          Application materials must include the following forms:

1.         Request for Retirement and Resignation of all current district contracts

2.         Designation of Beneficiary Form

3.         Release of Claims Form

4.         Agreement Not to Reapply for Employment.  (However, this agreement does not prohibit the School District from offering employment to the employee in the future.)

d.         An employee’s application for early retirement benefits is not, in itself, a resignation nor does it require the Board to accept the application.  However, acceptance by the Board of an employee’s application for early retirement will be considered a voluntary resignation and termination of the employee’s contract of employment.  If the Board does not accept the employee’s application, the employee’s contract will continue in effect.

 

6.         BOARD’S RIGHT TO LIMIT OR DENY BENEFITS

  1. The Board reserves the right to determine whether any early retirement benefits will be paid in a given year, and, if so, to determine how many employees will be granted benefits.  The Board expressly reserves the right to reject any application for early retirement benefits.
  1. If the Board decides that only a limited number of employees will be granted early retirement benefits in a given year, the Board will then determine the maximum number of employees who may receive benefit.  Recipients will be selected on years of service.  If there is a tie between or among employees using the seniority rule, the tie will be broken by a random process.
  2. Each year this policy is in effect, the Board will make a determination regarding the payment of early retirement benefits and announce its decision to employees not later than November 1st.

 

7.         EARLY RETIREMENT BENEFIT

a.          Early retirement benefits are offered as an inducement to, and consequence of retirement and are not to be construed as a continuation of salary.

b.         Payment of this benefit, in one lump sum, shall be made in September of the year in which the retirement begins.

c.          In the event of the death of the early retiree, any remaining or unpaid benefit will be paid to the beneficiary designated by the retiree or, if no beneficiary is designated, to the retiree’s estate.

d.         Payment is subject to applicable taxes such as withholding for federal and state income taxes, social security etc.  Employees will not be paid interest on any funds held by the District.

 

8.         CONTINUATION OF INSURANCE

Employees retiring under the early retirement program are eligible to continue participation in the school district’s group insurance plan at the employee’s own expense until the employee reaches sixty-five years of age.  Employees must meet the requirements of the insurer and must pay the monthly premium amount in full to the board secretary prior to the due date for the school district’s premium payment to the insurer. 

 

9.        RIGHT TO AMEND OR REVOKE

The Board reserves the right to amend or revoke this Early Retirement Policy or any provision of this policy at any time, with or without notice.

The Board also reserves the right to waive any requirement or condition of this policy at its discretion and at any time.  Any decision by the Board to waive a requirement or condition which is a part of this policy shall not establish any precedent with regard to future requests for a waiver.

 

Initially Approved   03-08-1999
Last Reviewed
04-14-2021  
Last Revision 12-09-2020

 

dawn@iowaschoo… Wed, 09/02/2020 - 10:30

303.10E1 - Resignation and Request for Early Retirement

303.10E1 - Resignation and Request for Early Retirement

I, _____________________________________, born on _______________________________, hereby submit my resignation to the Board of Directors of the Clarinda Community School District and elect the early retirement benefits available to employees in the Clarinda Community School District.  This resignation is subject to the acceptance of my application for early retirement benefits.

 

I commenced my most recent continuous service in the Clarinda Community School District on

________________________.

 

Print Full Name __________________________________________________

 

Signed _________________________________________________________ Date ______________________

 

 

The resignation and request for early retirement was accepted by the Board of Directors on the ___________ day of

 _________________, 20____, by action as noted in the minutes of the Board.

 

_______________________________________________

Secretary of Board of Directors
Clarinda Community School District

 

dawn@iowaschoo… Wed, 09/02/2020 - 10:43

303.10E2 - Release

303.10E2 - Release

Clarinda Community School District (the School District) and _____________________________ agree as follows:

1.  In consideration of the benefits to be provided in accordance with the Early Retirement Policy,

_____________________________ agrees to immediately sign and submit a letter of resignation to be effective on

___________, 20___.

2.  _______________________ is advised that he/she has the right to consult with an attorney and tax advisor prior to signing this Agreement.

3.  _________________________________ acknowledges that he/she received a copy of this Agreement on

 _________________________, 20___, and that he/she was given at least fourteen (14) days to consider this Agreement.

4.  Following the date of the signing of this Agreement, ________________________________ shall have seven (7) days to revoke the Agreement, and this Agreement shall not be effective until this seven (7) day period has expired.

5.  ________________________________________ hereby releases and discharges the School District, the Board of Directors of the School District, and any and all officers, employees, representatives or agents of the School District from any and all liability whatsoever including all claims, demands, or causes of action which he/she has or may ever claim to have by reason of his/her employment with the School District and the termination of his/her employment relationship with the School District, and _______________________________________ specifically waives any rights or claims which he/she may have or ever claim to have arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. Sec 621, et seq.), excluding any claims which may arise after the date of the signing of this Agreement.

6.  ______________________________________________ acknowledges that this Agreement is entered into freely and voluntarily and solely in reliance upon his/her own knowledge, belief and judgment and not upon representations made by the School District or others on its behalf.

 

Clarinda Community School District

 

By:___________________________________                           _______________________________________
                                                                                                                 Employee

 

Date:__________________________________                          Date:__________________________________

 

dawn@iowaschoo… Wed, 09/02/2020 - 10:45

303.10E3 - Designation of Beneficiary

303.10E3 - Designation of Beneficiary

If the Board approves my application for early retirement benefits and I die before I receive the Benefit, I direct the Board to pay the Benefit to:

 

 ___________________________________________
  Name of Beneficiary

 

___________________________________________
  Street Address

 

___________________________________________
  City, State, Zip

 

___________________________________________
  Telephone

 

 

 

Print Full Name _________________________________________________

 

Signed:  _____________________________________________     Date __________________________

 

dawn@iowaschoo… Wed, 09/02/2020 - 10:44

303.10E4 - Agreement Not to Seek Re-Employment

303.10E4 - Agreement Not to Seek Re-Employment

In consideration of the benefits that will be provided to be by Clarinda Community School District through its Voluntary Early Retirement Policy, I hereby agree not to apply for or seek full-time employment with Clarinda Community School District at any time in the future.

 

 

Print Full Name ________________________________________________

 

Signed ___________________________________ Date _________________

 

Witness___________________________________Date__________________

 

dawn@iowaschoo… Wed, 09/02/2020 - 10:41

304 - Administrative Regulations

304 - Administrative Regulations dawn@iowaschoo… Wed, 09/02/2020 - 10:36

304.1 - Development and Enforcement of Administrative Regulations

304.1 - Development and Enforcement of Administrative Regulations

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

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

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

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

 

 

Legal Reference: Iowa Code § 279.8.

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

Initially Approved   03-12-2001                       
Last Reviewed   
04-14-2021                                
Last Revision                              

 

dawn@iowaschoo… Wed, 09/02/2020 - 10:36

304.2 - Monitoring of Administrative Regulations

304.2 - Monitoring of Administrative Regulations

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

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

 

 

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

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

Initially Approved   03-12-2001                       
Last Reviewed   
04-14-2021                                
Last Revision                              

 

dawn@iowaschoo… Wed, 09/02/2020 - 10:38

305 - Administrator Code of Ethics

305 - Administrator Code of Ethics

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

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

The professional school administrator:

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

 

 

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

Cross Reference: 404      Employee Conduct and Appearance

Initially Approved   03-12-2001                        
Last Reviewed   
04-14-2021                                
Last Revision                              

 

dawn@iowaschoo… Wed, 09/02/2020 - 10:25

306 - Succession of Authority to the Superintendent

306 - Succession of Authority to the Superintendent

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

1.  the Central Office Administrator,

2.  the 7-12 Administrator,

3. the PK-6 Administrator.                                                  

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

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

 

 

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

Cross Reference: 302      Superintendent

Initially Approved   03-12-2001                       
Last Reviewed   
04-14-2021                                
Last Revision
04-14-2021  

 

dawn@iowaschoo… Wed, 09/02/2020 - 11:35

307 - Communication Channels

307 - Communication Channels

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

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

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

 

 

Legal Reference: Iowa Code § 279.8.

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

Initially Approved   03-12-2001                       
Last Reviewed   
04-14-2021                                
Last Revision
04-14-2021    

 

dawn@iowaschoo… Wed, 09/02/2020 - 10:40

307R1 - General Complaint Form

307R1 - General Complaint Form

Complaint Form

Please click to open the form.

nmckinnon@clar… Tue, 06/15/2021 - 12:12

400 - STAFF POLICIES

400 - STAFF POLICIES Jen@iowaschool… Mon, 08/24/2020 - 08:44

400 - Role and Guiding Principles for Employees

400 - Role and Guiding Principles for Employees

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

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

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

 

 

Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                        
Last Revision  10-10-18     

 

dawn@iowaschoo… Thu, 09/03/2020 - 08:04

401 - Employees and Internal Relations

401 - Employees and Internal Relations dawn@iowaschoo… Thu, 09/03/2020 - 08:11

401.1 - Equal Employment Opportunity

401.1 - Equal Employment Opportunity

The Clarinda Community School District will provide equal opportunity to employees and applicants for employment in accordance with applicable equal employment opportunity and affirmative action laws, directives and regulations of federal, state and local governing bodies.  Opportunity to all employees and applicants for employment includes hiring, placement, promotion, transfer or demotion, recruitment, advertising or solicitation for employment, treatment during employment, rates of pay or other forms of compensation, and layoff or termination.  The school district will take affirmative action in major job categories where women, men, minorities and persons with disabilities are underrepresented.  Employees will support and comply with the district's established equal employment opportunity and affirmative action policies.  Employees will be given notice of this policy annually.

The board will appoint an affirmative action coordinator.  The affirmative action coordinator will have the responsibility for drafting the affirmative action plan.  The affirmative action plan will be reviewed by the board at least every two years.

Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply.  In employing individuals, the board will consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, national origin, religion, age, sexual orientation, gender identity or disability.  In keeping with the law, the board will consider the veteran status of applicants.

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 Clarinda Community School District is an EEO/AA employer."  The statement will also appear on application forms.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator,  Clarinda Community School District,  423 E. Nodaway Street/PO Box 59, Clarinda , Iowa 51632 ; or by telephoning (712) 542-5165 . 

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

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

 

 

NOTE:  This is a mandatory policy and reflects the law.  The language on background checks is not required to be in policy, but is recommended.  Boards choosing to perform background checks may add this language or develop their own.  For more detailed discussion of this issue, see IASB's Policy Primer, June 8, 2007 and October 4, 2001.

 

 

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

Initially Approved   03-12-2001                    
Last Reviewed   07-08-2020                    
Last Revision 07-08-2020

 

dawn@iowaschoo… Thu, 09/03/2020 - 08:15

401.14 - Employee Expression

401.14 - Employee Expression

The board believes the district has an interest in maintaining an orderly and effective work environment while balancing employees First Amendment rights to freedom of expression and diverse viewpoints and beliefs.  When employees speak within their official capacity, their expression represents the district and may be regulated.  The First Amendment protects a public employee’s speech when the employee is speaking as an individual citizen on a matter of public concern.  Even so, employee expression that has an adverse impact on district operations and/or negatively impacts an employee’s ability to perform their job for the district may still result in disciplinary action up to and including termination.

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

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

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

 

 

 

Note:  This is a mandatory policy required by Iowa Code ch. 279.73.

 

Legal Reference:           U.S. Const. Amend. I

                                    Iowa Code §§ 279.73; 280.22

 

Cross Reference:           502.3   Student Expression
                                    504.3   Student Publications

 

Initially Approved  09-22-2021        
Last Reviewed  09-22-2021      
Last Revision  

nmckinnon@clar… Fri, 09/24/2021 - 15:33

401.2 - Employee Conflict of Interest

401.2 - Employee Conflict of Interest

Employees' use of their position with the school district for financial gain is considered a conflict of interest with their position as employees and may subject employees to disciplinary action.

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

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

It will also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities.  In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist will include, but not be limited to, any of the following:

(1)  The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district's badge, uniform, business card or other evidences of office to give the employee or the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public.  For purposes of this section, a person is not "similarly situated" merely by being related to an employee who is employed by the school district.

(2)  The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district.

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

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

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

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

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

 

 

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

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

Initially Approved   03-12-2001                    
Last Reviewed   07-08-2020                    
Last Revision 07-08-2020
                  

 

dawn@iowaschoo… Thu, 09/03/2020 - 09:00

401.3 - Nepotism

401.3 - Nepotism

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

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

 

 

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

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

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                               
Last Revision                              

 

dawn@iowaschoo… Thu, 09/03/2020 - 08:28

401.4 - Employee Complaints

401.4 - Employee Complaints

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

 

 

Legal Reference: Iowa Code §§ 20; 279.8.

Cross Reference: 307      Communication Channels

Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                              
Last Revision     10-10-18  

 

dawn@iowaschoo… Thu, 09/03/2020 - 08:29

401.4R1 - General Complaint Form

401.4R1 - General Complaint Form

Complaint Form

Please click to open the form.

nmckinnon@clar… Tue, 06/15/2021 - 12:28

401.5 - Employee Records

401.5 - Employee Records

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

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

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

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

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

 

 

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

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

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                               
Last Revision                              

 

dawn@iowaschoo… Thu, 09/03/2020 - 08:58

401.5R1 - Employee Records Regulation

401.5R1 - Employee Records Regulation

Employee Personnel Records Content

1.     Employee personnel records may contain the following information:

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

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

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

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

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

 

Applicant File Records Content

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

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

 

Record Access

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

 

Employee Record Retention

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

 

dawn@iowaschoo… Thu, 09/03/2020 - 13:07

401.6 - Transporting of Students by Employees

401.6 - Transporting of Students by Employees

Generally, transportation of students is in a motor vehicle owned by the school district and driven by an employee.  In some cases, it may be more economical or efficient for the school district to allow an employee of the school district to transport the students in the employee's motor vehicle.

Employees who transport students for school purposes must have the permission of the superintendent.

This policy statement applies to transportation of students for school purposes in addition to the regular bus route transporting students to and from their designated attendance center.

 

 

Legal Reference: Iowa Code chs. 285; 321.

Cross Reference: 401.7   Employee Travel Compensation
  
                                    711      Transportation
  
                                    904.1   Transporting Students in Private Vehicles

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Thu, 09/03/2020 - 08:57

401.7 - Employee Travel Compensation

401.7 - Employee Travel Compensation

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

Travel Outside the School District

Travel outside of the school district must be pre-approved.  Pre-approval will include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business.  Travel outside the school district by employees, other than the superintendent, is approved by the superintendent or an immediate supervisor.  Travel outside the district by the superintendent will be approved by the board president. 

Reimbursement for actual and necessary expenses may be allowed for travel outside the school district if the employee received pre-approval for the travel.  Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed, itemized receipt, indicating the date, purpose and nature of the expense for each claim item.  In exceptional circumstances, the superintendent may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances is maintained as part of the school district's record of the claim.

Failure to have a detailed receipt will make the expense a personal expense.  Personal expenses, including mileage, in excess of that required for the trip are reimbursed by the employee to the school district no later than 10 working days following the date of the expense.

Reimbursement for actual and necessary expenses for travel outside the school district will be limited to the pre-approved expenses.  Pre-approved expenses for registration are limited to the actual cost of the registration.

Pre-approved expenses for transportation within three-hundred miles of the school district administrative office will be by automobile.  If a school district vehicle is not available, the employee will be reimbursed mileage at the district standard mileage rate of $0.39 a mile.  Travel to/from home and work is never a reimbursable travel expense.  [Pre-approved expenses for transportation outside of three-hundred miles of the school district administrative office may be by public carrier.  Reimbursement for air travel will be at the tourist class fares.  Should an employee choose to travel by automobile, reimbursement will be limited to 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 warrants a larger vehicle.].  Travel costs for a spouse or anyone other than the district employee shall be a personal expense not reimbursed by the district.

Travel Within the School District

Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position may be reimbursed at $.50 for a one-way trip and $1.00 for a round trip.  It is the responsibility of the superintendent to approve travel within the school district by employees.  It is the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.

Travel allowances within the district will be provided only after board approval. Employees who are allowed a within district travel allowance will have the amount of the allowance actually received during each calendar year included on the employee's W-2 form as taxable income according to the Internal Revenue Code.

Use of District-Owned Vehicles

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

The superintendent is responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment and proper use of school district vehicles.  The administrative regulations will include the appropriate forms to be filed for reimbursement to the employee from the school district and the procedures for obtaining approval for travel outside of and within the school district.

 

NOTE:  This policy contains auditor's requirements for a travel compensation policy, including incidental vehicle use, reimbursement by employees for personal use, travel between attendance centers and taxation of additional compensation.  As a result, most of the language of the policy is mandatory.  The paragraphs in brackets that address specific limitations for expenditures are optional.

 

 

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

Cross Reference: 216.3   Board of Directors' Member Compensation and Expenses
  
                                    401.6   Transporting of Students by Employees
  
                                    401.10 Credit Cards
                                      904.1   Transporting Students in Private Vehicles

Initially Approved   03-12-2001                        
Last Reviewed   07-10-19                          
Last Revision  07-10-19     

 

dawn@iowaschoo… Thu, 09/03/2020 - 08:25

401.8 - Recognition for Service of Employees

401.8 - Recognition for Service of Employees

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

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

 

 

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

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

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                               
Last Revision 02-23-2004

 

dawn@iowaschoo… Thu, 09/03/2020 - 08:54

401.9 - Employee Political Activity

401.9 - Employee Political Activity

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

Violation of this policy may be grounds for disciplinary action.

 

 

Legal Reference: Iowa Code §§ 55; 279.8.

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

Initially Approved   03-12-2001                       
Last Reviewed   07-08-2020                              
Last Revision   07-08-2020

 

dawn@iowaschoo… Thu, 09/03/2020 - 08:53

401.10 - Credit/Procurement Cards

401.10 - Credit/Procurement Cards

Board members and employees of the school district are expected to use school district credit/procurement cards for the actual and necessary expenses incurred in the performance of board or work related duties.  Actual and necessary expenses incurred in the performance of such duties may include, but are not limited to, materials and supplies, fuel for school district transportation vehicles, payment of fees or other costs related to professional development, lodging and meals while in travel status, and other expenses required in the performance of duties.  School district credit/procurement cards may not be used for personal expenses or in conjunction with personal rebate cards.  See Procurement Card Rules for additional guidance 401.10E1.

Board members and employees using a school district credit/procurement card must submit a detailed itemized receipt and account code in addition to the credit/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 board member or employee responsible for expenses incurred.  In exceptional circumstances, the Board may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances such as district procurement card denial is maintained as part of the school district’s record of the claim.

The Board, through its routine audit and approval process, will assess and determine whether the school district credit/procurement cards are being used in accordance with the terms of this policy and its corresponding procedures (401.10E1, 401.10E2).

Board members and employees of the school district who use personal credit cards for actual and necessary expenses incurred in the performance of board or work related duties will be reimbursed in accordance with Board policies regarding board member and employee compensation.  Board members and employees may not use personal credit cards for such expenses to gain credit card points/rewards for the personal benefit of the Board member or employee.  When a personal credit card is used, the employee must reimburse the school district an amount equal to the reward percentage that the school district would have earned if the school districts credit/procurement card had been used.  See Reimbursement Schedule for additional guidance 401.10E2.

 

 

Legal Reference: Iowa Constitution, Art. III, § 31.
  
                                    Iowa Code §§ 279.8, .29, .30.
  
                                     281 I.A.C. 12.3(1).

Cross Reference: 216.3  Board of Directors’ Member Compensation and Expenses
  
                                     401.7  Employees Travel Compensation       

Initially Approved:  03-12-2001                    
Last Reviewed:  04-10-2019                         
Last Revision:  04-10-2019                  

 

dawn@iowaschoo… Thu, 09/03/2020 - 08:33

401.10E1 - Procurement Card Rules

401.10E1 - Procurement Card Rules

The following rules and procedures are to be adhered to when utilizing the Procurement Card Program at the Clarinda Community School District.

  1. Employees who check out a P-Card must immediately return the P-Card and receipts to the card custodian after use.
  1. Card custodians must immediately return all P-Cards in their control immediately upon request or resignation.
  1. The cardholders are accountable and responsible for the proper use of the Procurement Card Program.
  1. The School Business Official is responsible for the administration and monitoring of the Procurement Card Program within the District.
  1. All District and building purchasing policies and procedures must be followed when utilizing the Procurement Card Program.  This includes but is not limited to approval procedures, monetary limits, and contractual obligations (where applicable).  Questions pertaining to this issue should be addressed to the School Business Official. 
  1. Procurement card purchases must not exceed established monetary limits per single purchase and per card cycle as stated in each cards Statement of Authority.  Procurement card purchases may not be split to bypass single purchase limits.  Procurement cardholders may not make consecutive or near consecutive purchases to the same vendor for like items to bypass purchasing monetary limits, rules or procedures.  Administrators are responsible and accountable for adherence to these limits.
  1. The District does not pay State Sales and Local Option Taxes.
  1. After purchase the vendor receipts must be forwarded to Central Office.  The School Business Official will monitor procurement card purchases for compliance to these rules and other purchasing policies and procedures of the District.
  1. The original itemized receipt (not a copy) must be attached to the requisition.  Lost receipts are grounds for revocation of procurement card privileges.
  1. The Procurement Card may only be used by the individual whose name appears on the card or the individual who has checked out the card.  Never lend your procurement card to someone else or allow someone to give your card number to make a purchase.
  1. More than three (3) violations of non-compliance with Procurement Card Program rules and procedures will result in revocation of procurement card purchasing privileges for the cardholder involved and possible disciplinary action from Administration or the Board.
  1. Lost or stolen cards should be reported immediately to the School Business Official (712-542-5165), the School Principal/Department Supervisor, and Visa (800) xxx-xxxx.
  1. Procurement cards may not be used for the following purchases: Personal uses, Cash advances, Money orders, Narcotics, dangerous drugs, Firearms, ‘Check with order” requests, Alcohol, and Explosives, (this is not considered a complete list, Board policies and State of Iowa laws must be followed).
  1. Purchases made with Grant Funds must be in compliance with the Grant provisions.
  1. When applicable all efforts should be made to consolidate purchases to maximize the monetary value of each transaction.
  1. Except when in use by the cardholder, cards must be kept in a locked area in a secure environment.  Some schools/departments may require that cards be held in the school/department main office and checked out only when authorization for a purchase has been granted.
  1. All authorized invoices/charges will be billed to the Clarinda Community School District and not the District employee.
  1. If an individual seeks reimbursement for an actual and necessary expense made with a personal credit card when a district procurement card was available for the transaction, the Board has the right to deny the reimbursement request.

 

Individual Procurement Card Use Agreement

AGREEMENT made between the Clarinda Community School District, Page and Taylor Counties, Iowa (hereinafter the “District”), the undersigned employee

WITNESSETH:

WHEREAS, by this Agreement the Employee has been entrusted with a procurement credit card (“p-Card”) for use in the purchase of goods and services solely and exclusively for the authorized business purposes of the District; and

WHEREAS, the Employee agrees to abide by the terms and conditions of the p-Card as set forth herein.

NOW, THEREFORE, consideration of the mutual covenants and conditions set forth herein, it is agreed by the District and the Employee as follows:

  1. The Employee hereby agrees to immediately return the p-Card to the District upon request.
     
  2. The Employee shall not use the p-Card for the purchase of any goods or service that is not authorized by the terms of the Procurement Card Rules or by the direct written approval of the building principal or supervisor.
     
  3. The procurement card is to be used for business expenditures only.  The procurement card may only be used following the parameters and procedures established for the Procurement Card Program as described in the “Procurement Card Rules”.  The card may not be used for personal purposes.
     
  4. Employee shall submit itemized receipts and such other reasonable documentation of goods or services purchased immediately after use to the Central Office.  Submitting a swiped credit card transaction receipt is NOT an itemized receipt.
     
  5. Employee shall immediately notify Visa in the event of a possible loss, theft, or unauthorized use of the Card by phone at (800) xxx-xxxx.  Employee shall also immediately notify the School Business Official of possible loss, theft, or unauthorized use of the Card.
     
  6. The p-Card may not be utilized to circumvent State and District competitive bid laws and policies.
     
  7. Any unauthorized or undocumented expenditures must be reimbursed to the District.
     
  8. The employee signature below acknowledges that the Procurement Card Rules have been made available to them and they have reviewed them.
     
  9. This Agreement may not be modified in anyway without the approval of the District.

 

IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement the day and year first above written.

 

CLARINDA COMMUNITY SCHOOL DISTRICT

 

EMPLOYEE PRINTED NAME ______________________________________________

 

EMPLOYEE SIGNATURE _________________________________________________

 

DATE SIGNED __________________________________________________________

 

dawn@iowaschoo… Thu, 09/03/2020 - 11:27

401.10E2 - Reimbursement Schedule

401.10E2 - Reimbursement Schedule

Employees will be reimbursed for authorized travel expenses incurred for business conducted for the Clarinda School District when a district procurement card is not available or not accepted.

Submission of travel claims: All travel claims must state the actual expense incurred by the claimant, and shall not include expenses paid by other individuals, or for the purchase of miscellaneous items which are not needed in the performance of official duties.     

Meal reimbursement amounts include tax and tip. Itemized receipts must be submitted for reimbursement. “Travel Status” is defined by the IRS as having lodging either the day of the meal reimbursement or the night previous to the meal reimbursement. Meals with no overnight lodging are taxable to the employee. The district shall not reimburse for alcoholic beverages.      

Mileage reimbursement shall be provided when approved in advance by the appropriate supervisor or superintendent. Mileage is based on direct travel from the district (or home) to the meeting location. A map shall be submitted that indicates the mileage from point A to B.      

Lodging: As much as possible, the business office will make lodging arrangements and schedule payment with the designated hotel. Reimbursement for lodging expenses shall be provided when approved in advance by the appropriate supervisor or superintendent.     

Parking reimbursement shall be provided when public parking is not available. The parking ticket or receipt must be submitted for reimbursement.

Meals:  Not to exceed $40 per day for overnight travel                                                                                                                                  .           
             Or breakfast $10, lunch $13, & dinner $17 for day travel

             *Students $15 per day

Mileage: State of Iowa Rate .39 mile

Lodging: Reasonable expense    

 *students are reimbursed $15 per day for expenditures as a result of state competition 

 

dawn@iowaschoo… Thu, 09/03/2020 - 11:25

401.11 - Employee Orientation

401.11 - Employee Orientation

Employees must know their role and duties.  New employees may be required to participate in an orientation program for new employees.  The employee's immediate supervisor should provide the new employee with a review of the employee's responsibilities and duties.  Payroll procedures and employee benefit programs and accompanying forms will be explained to the employee by the superintendent or his designee.  Regular employees ineligible for the school district's group health plan will be given information regarding where they can obtain health care or health care insurance.

 

 

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

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

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Thu, 09/03/2020 - 08:32

401.12 - Employee Use of Cell Phones

401.12 - Employee Use of Cell Phones

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

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 authorized school district business purposes, consistent with the school district’s mission and goals. Personal use of cell phones is prohibited except in emergency situations. Any expenses incurred for such personal use shall be reimbursed to the school district.

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

Cell phones are not to be used for conversations involving confidential student or employee information.  School district-provided cell phones devices are not to be loaned to others.

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

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

 

 

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

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

Initially Approved  01/17/2011                      
Last Reviewed _07-10-19                         
Last Revision    07-10-19

 

dawn@iowaschoo… Thu, 09/03/2020 - 08:12

401.12R1 - Employee Use of Cell Phones Regulation

401.12R1 - Employee Use of Cell Phones Regulation

Cell phone Usage

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

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

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

4.   Cell phones are provided specifically to carry out official school district business when other means of communications are not readily available.  These devices may not be used for routine personal communications.

5.   Personal use of school district-provided cell phones is limited to making or receiving calls for emergency and/or incidental purposes. Whenever possible, such calls should be made or received on school district or other public telephones.

6.   Employees issued a cell phone are responsible for its safekeeping at all times.  Defective, lost or stolen cell phones are to be reported immediately to the superintendent who will in turn notify the service provider. Reckless or irresponsible use of school district equipment, resulting in loss or damage may result in the employee having to reimburse the school district for any associated costs of replacement or repair.

7.   Cell phones and any other school district issued communication equipment issued for employees are to be returned to the board secretary at the conclusion of the school year, activity or as otherwise specified or immediately upon request.

 

Cell Phone Authorization - School district‑provided cell phones may be purchased and authorized for staff use in accordance with the following guidelines:

Cell phones may be assigned or made available on a temporary basis, by the superintendent, when it is determined:

1.   The assignment of a cell phone device to the employee is a prudent use of school district resources;

2.   The employee's job responsibilities require the ability to communicate frequently outside of district property and/or regular district hours.

3.   The employee's job involves situations where immediate communication is necessary to ensure the safety of individuals and security of school district property.

 

Cell Phone Business Procedures

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

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

2.  If personal calls are made on a district-owned phone and the calls result in an additional plan charge to the district, the calls must be itemized and reimbursed to the district.

 

dawn@iowaschoo… Thu, 09/03/2020 - 11:43

401.13 - Staff Technology Use/Social Networking

401.13 - Staff Technology Use/Social Networking

Computers, electronic devices and other technology are a powerful and valuable education and research tool and, as such, are an important part of the instructional program. In addition, the school district depends upon technology as an integral part of administering and managing the schools’ resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies and materials. This policy outlines the board’s expectations in regard to these different aspects of the school district’s computer resources. Employees must conduct themselves in a manner that does not disrupt from or disrupt the educational process and failure to do so will result in discipline, up to and including, discharge.

General Provisions

The superintendent is responsible for designating a technology coordinator who will oversee the use of school district technology resources. The technology coordinator, will prepare in-service programs for the training and development of school district staff in technology skills, appropriate use of technology and for the incorporation of technology use in subject areas.

The superintendent, working with appropriate staff, shall establish regulations governing the use and security of the school district’s technology resources. The school district will make every reasonable effort to maintain the security of the district networks and devices. All users of the school district’s technology resources, including students, staff and volunteers, shall comply with this policy and regulation, as well as others impacting the use of school equipment and facilities. Failure to comply may result in disciplinary action, up to and including discharge, as well as suspension and/or revocation of technology access privileges.

Usage of the school district’s technology resources is a privilege, not a right, and that use entails responsibility. District-owned technology and district maintained social media and e-mail accounts are the property of the school district. Therefore, users of the school district’s network must not expect, nor does the school district guarantee, privacy for e-mail or use of the school district’s network including web sites visited. The school district reserves the right to access and view any material stored on school district equipment or any material used in conjunction with the school district’s computer network.

The superintendent, working with the appropriate staff, shall establish procedures governing management of  technology records in order to exercise appropriate control over technology records, including financial, personnel and student information. The procedures will address a minimum: 

  • passwords,
  • system administration,
  • separation of duties,
  • remote access,
  • data back-up (including archiving of e-mail),
  • record retention, and
  • disaster recovery plans.

 

Social Networking or Other External Web Sites

For purposes of this policy any web site, 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 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 do not 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 start a social media site for school district sanctioned activities, should contact the superintendent.

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

 

 

Legal Reference: Iowa Code § 279.8.
  
                                    281 I.A.C. 25, .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

Initially Approved   02-22-2002                      
Last Reviewed
07-08-2020                          
Last Revision
07-08-2020

 

dawn@iowaschoo… Thu, 09/03/2020 - 08:23

401.13E1 - Staff Technology/Social Networking

401.13E1 - Staff Technology/Social Networking

I have reviewed the district policy and regulations regarding staff technology use and social networking.  I understand that employee violations of this policy may result in loss of technology privileges and discipline up to, and including, discharge.

 

 

______________________________________________               ________________________________
                             Signature                                                                                                           Date

 

dawn@iowaschoo… Thu, 09/03/2020 - 13:04

401.13R1 - Staff Technology Use Regulation

401.13R1 - Staff Technology Use Regulation

General

The following rules and regulations govern the use of the school district's network system, employee access to the Internet, and management of digital records:

  • Employees will be issued a school district e-mail account. Passwords must be changed periodically.
  • Each individual in whose name an access account is issued is responsible at all times for its proper use.
  • Employees are expected to review their e-mail regularly throughout the day, and shall reply promptly to inquiries with information that the employee can reasonably be expected to provide.
  • Communications with parents and/or students must be made on a school district computer, unless in the case of an emergency.
  • Employees may access the Internet for education-related and/or work-related activities.
  • Employees shall refrain from using computer resources for personal use, including access to social networking sites.
  • Use of the school district computers and school e-mail address is a public record. Employees cannot have an expectation of privacy in the use of the school district’s computers.
  • Use of computer resources in ways that violate the acceptable use and conduct regulation, outlined below, will be subject to discipline, up to and including discharge.
  • Use of the school district’s computer network is a privilege, not a right.  Inappropriate use may result in the suspension or revocation of that privilege.
  • Off-site access to the school district network will be determined by the superintendent in conjunction with appropriate personnel.
  • All network users are expected to abide by the generally accepted rules of network etiquette. This includes being polite and using only appropriate language. Abusive language, vulgarities and swear words are all inappropriate.
  • Network users identifying a security problem on the school district's network must notify appropriate staff. Any network user identified as a security risk or having a history of violations of school district computer use guidelines may be denied access to the school district's network.
  • Employees are representatives of the district at all times and must model appropriate character, both on and off the worksite.  This applies to material posted with personal devices and on personal websites and/or social media accounts.  Posted messages or pictures which diminish the professionalism or discredit the capacity to maintain respect of students and parents may result in disciplinary action up to and including termination if the content posted is found to be disruptive to the educational environment and adversely  impacts the employee’s ability to effectively serve as a role model or perform his/her job duties for the district.  The type of material that would affect an employee’s ability to serve as an appropriate role model includes, but is not limited to, text or depictions involving hate speech, nudity, obscenity, vulgarity or sexually explicit content.  Employee communications with students should be limited as appropriate.  If there is any uncertainty, employees should consult their building administrator.

Prohibited Activity and Uses

The following is a list of prohibited activity for all employees concerning use of the school district's network. Any violation of these prohibitions may result in discipline, up to and including discharge, or other appropriate penalty, including suspension or revocation of a user's access to the network.

Using the network for commercial activity, including advertising, or personal gain.

  • Infringing on any copyrights or other intellectual property rights, including copying, installing, receiving, transmitting or making available any copyrighted software on the school district computer network. See Policy 605.7, Use of Information Resources for more information.
  • Using the network to receive, transmit or make available to others obscene, offensive, or sexually explicit material
  • Using the network to receive, transmit or make available to others messages that are racist, sexist, and abusive or harassing to others.
  • Use of another’s account or password.
  • Attempting to read, delete, copy or modify the electronic mail (e-mail) of other system users.
  • Forging or attempting to forge e-mail messages.
  • Engaging in vandalism. Vandalism is defined as any malicious attempt to harm or destroy school district equipment or materials, data of another user of the school district’s network or of any of the entities or other networks that are connected to the Internet. This includes, but is not limited to, creating and/or placing a computer virus on the network.
  • Using the network to send anonymous messages or files.
  • Revealing the personal address, telephone number or other personal information of oneself or another person.
  • [Using the network for sending and/or receiving personal messages.]
  • Intentionally disrupting network traffic or crashing the network and connected systems.
  • Installing personal software or using personal technology on the school district’s technology and/or network without the permission of the building administrator.
  • Using the network in a fashion inconsistent with directions from teachers and other staff and generally accepted network etiquette.

 

Other Technology Issues

Employees with personal cell phones should avoid using their phones for school district business. Employees should contact students and their parents through school district's technology or phone system unless in the case of an emergency or with prior consent of the principal. Employees should not release their cell phone number, personal e-mail address, etc. to students or their parents. Employees, who are coaches or sponsors of activities, may create a text list of students and parents in order to communicate more effectively as long as the texts go to the students and the Principal is included in the text address list.

 

dawn@iowaschoo… Thu, 09/03/2020 - 13:05

402 - Employees and Outside Relations

402 - Employees and Outside Relations dawn@iowaschoo… Thu, 09/03/2020 - 08:36

402.1 - Release of Credit Information

402.1 - Release of Credit Information

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

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

 

 

Legal Reference: Iowa Code §§ 22.7; 279.8.

Cross Reference: 401.5   Employee Records

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Thu, 09/03/2020 - 11:41

402.2 - Child Abuse Reporting

402.2 - 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 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 have taken the course within the previous five years. The course will be re-taken at least every five years.

 

NOTE: For more information, please visit the “Report Abuse and Fraud” section of the Iowa Department of Human Services’ website, located at http://dhs.iowa.gov/report-abuse-and-fraud.

NOTE: Please remember there are two types of reporters identified in Iowa law: mandatory reporters and permissive reporters. Mandatory reporters are those individuals who are required by law to report suspected incidents of child abuse when they become aware of such incidents within the scope of their employment or professional responsibilities. Permissive reporters are not required by law to report abuse, but may choose to report to the Iowa Department of Human Services. While all licensed school employees, teachers, coaches and paraeducators are mandatory reporters within the scope of their profession, they are considered permissive reporters outside the scope of their profession.

 

 

Legal Reference: Iowa Code §§ 232.67-.77; 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

Initially Approved   03-12-2001                       
Last Reviewed   07-08-2020                               
Last Revision   07-08-2020  

 

dawn@iowaschoo… Thu, 09/03/2020 - 13:02

402.3 - Abuse of Students by School District Employees

402.3 - 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.

 

NOTE:  This policy is a reflection of current Iowa law regarding abuse of students by school district employees.  Refer to the Iowa Department of Education training manual for supporting materials and forms: https://www.educateiowa.gov/documents/laws-and-regulations/2013/10/chapter-102-level-i-investigator-manual

The last sentence of the third paragraph is mandatory in the law and is an item in the DE accreditation report.

 

 

Legal Reference: Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1).
  
                                    281 I.A.C. 12.3(6), 102; 103.
  
                                    441 I.A.C. 155; 175.
  
                                    

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

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision 02-23-2004

 

dawn@iowaschoo… Thu, 09/03/2020 - 13:00

402.4 - Gifts to Employees

402.4 - Gifts to Employees

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

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

  • Is seeking to be, or is a party to, any one or any combination of sales, purchases, leases or contracts to, from or with the school district;
  • Will be directly and substantially affected financially by the performance or nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or
  • Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.

A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received.  However, "gift" does not include any of the following:

  • Contributions to a candidate or a candidate's committee;
  • Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;
  • Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
  • An inheritance;
  • Anything available or distributed to the general public free of charge without regard to the official status of the employee;
  • Items received from a charitable, professional, educational or business organization to which the employee belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;
  • Actual expenses of an employee for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
  • Plaques or items of negligible resale value given as recognition for public service;
  • Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;
  • Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;
  • Funeral flowers or memorials to a church or nonprofit organization;
  • Gifts other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee
  • Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;
  • Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
  • Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or
  • Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions.  The costs of food, drink, lodging and travel are not "registration costs" under this paragraph.  Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.

An "honorarium" is anything of value that is accepted by, or on behalf of, an employee as consideration for an appearance, speech or article.  An honorarium does not include any of the following:

  • Actual expenses of an employee for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
  • A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or
  • A payment made to an employee for services rendered as part of a private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee of the district, but, rather, because of some special expertise or other qualification.

It is the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.

 

 

Legal References: Iowa Code ch. 68B.
  
                                    
  
                                    

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

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Thu, 09/03/2020 - 11:35

402.5 - Public Complaints About Employees

402.5 - Public Complaints About Employees

The board recognizes situations may arise in the operation of the school district which are of concern to parents and other members of the school district community.  While constructive criticism is welcomed, the board desires to support its employees and their actions to free them from unnecessary, spiteful, or negative criticism and complaints that do not offer advice for improvement or change.

The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern.  Whenever a complaint or concern is brought to the attention of the board it will be referred to the administration to be resolved.  Prior to board action however, the following should be completed:

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

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

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

(d)  If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board.  To bring a concern regarding an employee, the individual may notify the board president in writing, who may bring it to the attention of the entire board, or the item may be placed on the board agenda of a regularly scheduled board meeting in accordance with board policy 213.1.

It is within the discretion of the board to address complaints from the members of the school district community, and the board will only do so if they are in writing, signed, and the complainant has complied with this policy.

 

 

Legal Reference: Iowa Code § 279.8 (2013).

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

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Thu, 09/03/2020 - 13:01

402.5R1 - General Complaint Form

402.5R1 - General Complaint Form

Complaint Form

Please click to open the form.

nmckinnon@clar… Tue, 06/15/2021 - 12:29

402.6 - Employee Outside Employment

402.6 - Employee Outside Employment

The board believes the primary responsibility of employees is to the duties of their position within the school district as outlined in their job description.  The board considers an employee's duties as part of a regular, full-time position as full-time employment.  The board expects such employees to give the responsibilities of their positions in the school district precedence over any other employment.

It is the responsibility of the superintendent to counsel employees, whether full-time or part-time, if, in the judgment of the superintendent and the employee's immediate supervisor, the employee's outside employment interferes with the performance of the employee's duties required in the employee's position within the school district.

The board may request the employee to cease the outside employment as a condition of continued employment with the school district.

 

 

Legal Reference: Iowa Code §§ 20.7; 279.8.

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

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Thu, 09/03/2020 - 08:36

403 - Employees' Health and Well-Being

403 - Employees' Health and Well-Being dawn@iowaschoo… Thu, 09/03/2020 - 08:37

403.1 - Employee Physical Examinations

403.1 - Employee Physical Examinations

The Clarinda 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. All other employees shall present evidence of good health, in the form of a post-offer, pre-employment physical examination report. 

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. 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 additional examinations to the extent job-related and consistent with business necessity, when requested to do so, at the expense of the school district.

The district will comply with occupational safety and health requirements as applicable to its employees in accordance with law.

 

 

Legal Reference: 29 C.F.R. § 1910.1030.
  
                                    49 C.F.R. §§ 391.41 – 391.49.
                           
            Iowa Code §§ 20; 279.8; 321.376.
                          
            281 I.A.C. 43.15; 43.17.

Cross Reference: 403      Employees' Health and Well-Being

Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                              
Last Revision 10-10-18

 

dawn@iowaschoo… Thu, 09/03/2020 - 09:47

403.2 - Employee Injury on the Job

403.2 - Employee Injury on the Job

When an employee becomes seriously injured on the job, the employee’s supervisor will attempt to notify a member of the family, or an individual of close relationship, as soon as the employee’s supervisor becomes aware of the injury.

If possible, an employee may administer emergency or minor first aid.  An injured employee will be turned over to the care of the employee's family or qualified medical employees as quickly as possible.  The school district is not responsible for medical treatment of an injured employee.

It is the responsibility of the employee injured on the job to inform the superintendent within twenty-four hours of the occurrence.  It is the responsibility of the employee's immediate supervisor to file an accident report within twenty-four hours after the employee reported the injury.

It is the responsibility of the board secretary to file worker’s comp claims.

 

 

Legal Reference: Iowa Code §§ 85; 279.40; 613.17.
  
                                   

Cross Reference: 403      Employees' Health and Well-Being
  
                                    409.2   Licensed Employee Personal Illness Leave
  
                                    414.2   Classified Employee Personal Illness Leave

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Thu, 09/03/2020 - 11:32

403.3 - Communicable Diseases - Employees

403.3 - 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 primary care provider.  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 primary care provider.

Health data of an employee is confidential and it will not be disclosed to third parties.  Employee medical records are kept in a file separate from their personal file.

It is the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with employees with a communicable disease.

 

 

Legal Reference: 29 U.S.C. §§ 794, 1910.
  
                                    42 U.S.C. §§ 12101 et seq.
  
                                    45 C.F.R. Pt. 84.3.
                                      Iowa Code chs. 139A; 141A 
  
                                    641 I.A.C..1.,2.,7.

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

Initially Approved   03-12-2001                       
Last Reviewed   03-25-2020                              
Last Revision    03-25-2020   

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:15

403.3E1 - Hepatitis B Vaccine Information and Record

403.3E1 - Hepatitis B Vaccine Information and Record

The Disease
Hepatitis B is a viral infection caused by the Hepatitis B virus (HBV) which causes death in 1-2% of those infected.  Most people with HBV recover completely, but approximately 5-10% become chronic carriers of the virus.  Most of these people have no symptoms, but can continue to transmit the disease to others.  Some may develop chronic active hepatitis and cirrhosis.  HBV may be a causative factor in the development of liver cancer.  Immunization against HBV can prevent acute hepatitis and its complications.

The Vaccine
The HBV vaccine is produced from yeast cells.  It has been extensively tested for safety and effectiveness in large scale clinical trials.

Approximately 90 percent of healthy people who receive two doses of the vaccine and a third dose as a booster achieve high levels of surface antibody (anti-HBs) and protection against the virus.  The HBV vaccine is recommended for workers with potential for contact with blood or body fluids.  Full immunization requires three doses of the vaccine over a six-month period, although some persons may not develop immunity even after three doses.

There is no evidence that the vaccine has ever caused Hepatitis B.  However, persons who have been infected with HBV prior to receiving the vaccine may go on to develop clinical hepatitis in spite of immunization.

Dosage and Administration
The vaccine is given in three intramuscular doses in the deltoid muscle.  Two initial doses are given one month apart and the third dose is given six months after the first.

Possible Vaccine Side Effects
The incidence of side effects is very low.  No serious side effects have been reported with the vaccine.  Ten to 20 percent of persons experience tenderness and redness at the site of injection and low grade fever.  Rash, nausea, joint pain, and mild fatigue have also been reported.  The possibility exists that other side effects may be identified with more extensive use.

 

 

CONSENT FORM OF HEPATITIS B VACCINATION

I have knowledge of Hepatitis B and the Hepatitis B vaccination.  I have had an opportunity to ask questions of a qualified nurse or physician and understand the benefits and risks of Hepatitis B vaccination.  I understand that I must have three doses of the vaccine to obtain immunity.  However, as with all medical treatment, there is no guarantee that I will become immune or that I will not experience side effects from the vaccine.  I give my consent to be vaccinated for Hepatitis B.

_____________________________________________________                 ___________________
Signature of Employee (consent for Hepatitis B vaccination)                               Date

 

_____________________________________________________                 ___________________
Signature of Witness                                                                                             Date

 

 

------------------------------------------------------------------------------------------------------------------------------------

REFUSAL FORM OF HEPATITIS B VACCINATION

I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring the Hepatitis B virus infection.  I have been given the opportunity to be vaccinated with Hepatitis B vaccine at no charge to myself.  However, I decline the Hepatitis B vaccination at this time.  I understand that by declining this vaccine, I continue to be at risk of acquiring Hepatitis B, a serious disease.  If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with the Hepatitis B vaccine, I can receive the vaccination series at no charge to me.

 

_____________________________________________________                 ___________________
Signature of Employee (refusal for Hepatitis B vaccination)                                 Date

 

_____________________________________________________                 ___________________
Signature of Witness                                                                                             Date

 

I refuse because I believe I have (check one)

                  started the series                                              completed the series

 

 

RELEASE FORM FOR HEPATITIS B MEDICAL INFORMATION

I hereby authorize                                           (individual or organization holding Hepatitis B records and address) to release to the                                Community School District, my Hepatitis B vaccination records for required employee records.

I hereby authorize release of my Hepatitis B status to a health care provider, in the event of an exposure incident.

 

_____________________________________________________                 ___________________
Signature of Employee                                                                                          Date

 

_____________________________________________________                 ___________________
Signature of Witness                                                                                             Date

 

 

 

_____________________________________________________                 ___________________
Employee Name (last, first, middle)                                                                   Social Security No.

Job Title:  ________________________________________________________________________

     Hepatitis B Vaccination Date               Lot Number                        Site                Administered By

1________________________          ______________          ___________          ________________

2________________________          ______________          ___________          ________________

3________________________          ______________          ___________          ________________

 

Additional  Hepatitis B status information:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Post-exposure incident:  (Date, time, circumstances, route under which exposure occurred)

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Identification and documentation of source individual:

_________________________________________________________________________________

Source blood testing consent:

_________________________________________________________________________________

Description of employee's duties as related to the exposure incident:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Copy of information provided to health care professional evaluating an employee after an exposure incident:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Attach a copy of all results of examinations, medical testing, follow-up procedures, and health care 
professional's written opinion.

Training Record: (date, time, instructor, location of training summary)

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

 

dawn@iowaschoo… Thu, 09/03/2020 - 11:06

403.3R1 - Universal Precautions Regulation

403.3R1 - Universal Precautions Regulation

Universal precautions (UP) are intended to prevent transmission of infection, as well as decrease the risk of exposure for employees and students.  It is not currently possible to identify all infected individuals, thus precautions must be used with every individual.  UP pertain to blood and other potentially infectious materials (OPIM) containing blood.  These precautions include and are not limited to other body fluids and wastes (OBFW) such as saliva, sputum, feces, tears, nasal secretions, vomitus and urine unless blood is visible in the material.  However, these OBFW can be sources of other infections and should be handled as if they are infectious.  The single most important step in preventing exposure to and transmission of any infection is anticipating potential contact with infectious materials in routine as well as emergency situations.  Based on the type of possible contact, employees and students should be prepared to use the appropriate precautions prior to the contact.  Diligent and proper hand washing, the use of barriers, appropriate disposal of waste products and needles, and proper decontamination of spills are essential techniques of infection control.  All individuals should respond to situations practicing UP followed by the activation of the school response team plan.  Using common sense in the application of these measures will enhance protection of employees and students.

Hand Washing

Proper hand washing is crucial to preventing the spread of infection.  Textured jewelry on the hands or wrists should be removed prior to washing and kept off until completion of the procedure and the hands are rewashed.  Use of running water, lathering with soap and using friction to clean all hand surfaces is key.  Rinse well with running water and dry hands with paper towels.

  • Hands should be washed before physical contact with individuals and after contact is completed.
  • Hands should be washed after contact with any used equipment.
  • If hands (or other skin) come into contact with blood or body fluids, hands should be washed immediately before touching anything else.
  • Hands should be washed whether gloves are worn or not and, if gloves are worn, after the gloves are removed.

Barriers

Barriers anticipated to be used at school include disposable gloves, absorbent materials and resuscitation devices.  Their use is intended to reduce the risk of contact with blood and body fluids as well as to control the spread of infectious agents from individual to individual.  Gloves should be worn when in contact with blood, OPIM or OBFW.  Gloves should be removed without touching the outside and disposed of after each use.

Disposal of Waste

Blood, OPIM, OBFW, used gloves, barriers and absorbent materials should be placed in a plastic bag and disposed of in the usual procedure.  When the blood or OPIM is liquid, semi-liquid or caked with dried blood, it is not absorbed in materials, and is capable of releasing the substance if compressed, special disposal as regulated waste is required.  A band aid, towel, sanitary napkin or other absorbed waste that does not have the potential of releasing the waste if compressed would not be considered regulated waste.  It is anticipated schools would only have regulated waste in the case of a severe incident.  Needles, syringes and other sharp disposable objects should be placed in special puncture-proof containers and disposed of as regulated waste.  Bodily wastes such as urine, vomitus or feces should be disposed of in the sanitary sewer system.

Clean up

Spills of blood and OPIM should be cleaned up immediately.  The employee should:

  • Wear gloves.
  • Clean up the spill with paper towels or other absorbent material.
  • Use a solution of one part household bleach to one hundred parts of water (1:100) or other EPA-approved disinfectant and use it to wash the area well.
  • Dispose of gloves, soiled towels and other waste in a plastic bag.
  • Clean and disinfect reusable supplies and equipment.

Laundry

Laundry with blood or OPIM should be handled as little as possible with a minimum of agitation.  It should be bagged at the location.  If it has the potential of releasing the substance when compacted, regulated waste guidelines should be followed.  Employees who have contact with this laundry should wear protective barriers.

Exposure

An exposure to blood or OPIM through contact with broken skin, mucous membrane or by needle or sharp stick requires immediate washing, reporting and follow-up.

  • Always wash the exposed area immediately with soap and water.
  • If a mucous membrane splash (eye or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly.
  • If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.

The exposure should be reported immediately, the parent or guardian is notified, and the person exposed contacts a physician for further health care.

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:17

403.4 - Hazardous Chemical Disclosure

403.4 - Hazardous Chemical Disclosure

The board authorizes the development of a comprehensive hazardous chemical communication program for the school district to disseminate information about hazardous chemicals in the workplace.

Each employee will annually review information about hazardous substances in the workplace.  When a new employee is hired or transferred to a new position or work site, the information and training, if necessary, is included in the employee's orientation.  When an additional hazardous substance enters the workplace, information about it is distributed to all employees, and training is conducted for the appropriate employees.  The superintendent will maintain a file indicating which hazardous substances are present in the workplace and when training and information sessions take place.

Employees who will be instructing or otherwise working with students will disseminate information about the hazardous chemicals with which they will be working as part of the instructional program. 

It is the responsibility of the superintendent to develop administrative regulations regarding this program. 

 

NOTE:  This policy reflects current law on employees' right to know about hazardous substances in the workplace.

 

 

Legal Reference: 29 C.F.R. Pt. 1910; 1200 et seq.
  
                                    Iowa Code chs. 88; 89B.

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

Initially Approved   03-12-2001                       
Last Reviewed   07-08-2020                              
Last Revision    07-08-2020  

 

dawn@iowaschoo… Thu, 09/03/2020 - 08:38

403.4E1 - Certificate of Training Chemical Right to Know

403.4E1 - Certificate of Training Chemical Right to Know

Everyone should be aware of potential chemical hazards at the work place and how to properly handle chemicals.  Each school employee is required by state law to receive training in the hazards and proper handling of chemicals in the work place.  The only means available for the district to provide the training is to have an employee view a video tape produced by the state.  We apologize for the lack of vigor and warmth in the video presentation, but it is necessary that you attempt to glean the information even if the presentation is not exciting.

While the tapes can be viewed individually to satisfy the legal requirements, it is recommended that they be viewed in small groups so that discussion and clarification can be obtained.  At the present time there is no legal requirement that you must repeat the viewing of the Right to Know video, but if you would like to do so, the tape will be made available.

When you have completed the required training, please complete the following form and send it (or a copy) to the Central Office for filing.

_____________________________________________________________________________________________________________________

I hereby certify I have viewed the required “Chemical Right to Know” video tape.

 

_________________________________________________________
Date of Viewing

 

_________________________________________________________
Signature of Employee                                 

 

dawn@iowaschoo… Thu, 09/03/2020 - 11:34

403.5 - Substance-Free Workplace

403.5 - 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 non-school property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

If an employee is convicted of a violation of any criminal drug offense committed in the workplace, the employee will notify the employee's supervisor of the conviction within five days of the conviction.

The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee.  An employee who violates the terms of this policy may be subject to discipline up to and including termination.  An employee who violates this policy may be required to successfully participate in a substance abuse treatment program approved by the board.  If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination. 

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

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

 

 

Legal Reference: 41 U.S.C. §§ 81.
  
                                    42 U.S.C. §§ 12101 et seq.
  
                                    34 C.F.R. Pt. 85.
 
                                     Iowa Code §§ 123.46; 124; 279.8.

Cross Reference: 404      Employee Conduct and Appearance

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision 02-23-2004

 

dawn@iowaschoo… Thu, 09/03/2020 - 08:51

403.5E1 - Substance-Free Workplace Notice to Employees

403.5E1 - Substance-Free Workplace Notice to Employees

EMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace policy for an employee to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcohol, as defined in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 and Iowa Code Chapter 124.

"Workplace" is defined as the site for the performance of work done in the capacity as an employee.  This includes school district facilities, other school premises or school district vehicles.  Workplace also includes non-school property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

Employees who violate the terms of the Substance-Free Workplace policy may be required to successfully participate in a substance abuse treatment program approved by the board.  The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy.  If the employee fails to successfully participate in such a program the employee is subject to discipline up to and including termination.

EMPLOYEES ARE FURTHER NOTIFIED it is a condition of their continued employment that they comply with the above policy of the school district and will notify their supervisor of their conviction of any criminal drug statute for a violation committed in the workplace, no later than five days after the conviction.

 

-----------------------------------------------------------------------------------------------------------------------------

SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM

 

I,                                                                                                                           , have read and understand the Substance-Free Workplace policy.  I understand that if I violate the Substance-Free Workplace policy, I may be subject to discipline up to and including termination or I may be required to participate in a substance abuse treatment program.  If I fail to successfully participate in a substance abuse treatment program, I understand I may be subject to discipline up to and including termination.  I understand that if I am required to participate in a substance abuse treatment program and I refuse to participate, I may be subject to discipline up to and including termination.  I also understand that if I am convicted of a criminal drug offense committed in the workplace, I must report that conviction to my supervisor within five days of the conviction.

________________________________________________________________________                        ____________________________
(Signature of Employee)                                                                                                                                                                              (Date)

 

dawn@iowaschoo… Thu, 09/03/2020 - 11:22

403.5R1 - Substance-Free Workplace Regulation

403.5R1 - Substance-Free Workplace Regulation

A superintendent who suspects an employee has a substance abuse problem will follow these procedures:

  1. Identification - the superintendent will document the evidence the superintendent has which leads the superintendent to conclude the employee has violated the Substance-Free Workplace policy.  After the superintendent has determined there has been a violation of the Substance-Free Workplace policy, the superintendent will discuss the problem with the employee.
     
  2. Discipline - if, after the discussion with the employee, the superintendent determines there has been a violation of the Substance-Free Workplace policy, the superintendent may recommend discipline up to and including termination [or may recommend the employee seek substance abuse treatment].  Participation in a substance abuse treatment program is voluntary.
     
  3. [Failure to participate in referral – if the employee refuses to participate in a substance abuse treatment program or if the employee does not successfully complete a substance abuse treatment program, the employee may be subject to discipline up to and including termination.]
     
  4. Conviction - if an employee is convicted of a criminal drug offense committed in the workplace, the employee must notify the employer of the conviction within five days of the conviction.

 

dawn@iowaschoo… Thu, 09/03/2020 - 11:31

403.6 - Drug and Alcohol Testing Program

403.6 - Drug and Alcohol Testing Program

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand one pounds or more.  For purposes of the drug and alcohol testing program, the term "employees" includes applicants who have been offered a position to operate a school vehicle.

The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing.  Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol.  Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the school district contact person, the Superintendent or the Transportation Coordinator, at the McKinley Administration Building located at 423 East Nodaway Street, Clarinda, IA  51632.

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: 

https://www.ia-sb.org/Main/Affiliated_Programs/Iowa_Drug_Alcohol_Testing_Program.aspx.

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?

 

Note:  For more detailed discussion of this issue, see IASB's Policy Primer, May 15, 2003.

 

 

Legal Reference: American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 Cir. (4th 1995).
  
                                    49 U.S.C. §§ 5331 et seq.
  
                                    42 U.S.C. §§ 12101.
  
                                    41 U.S.C. §§ 81.
  
                                    49 C.F.R. Pt. 40; 382; 39.
  
                                    34 C.F.R. Pt. 85
                                      Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington, PERB  No. 3876 (3-26-91).
                                      Iowa Code §§ 124; 279.8; 321.375(2); 730.5.

Cross Reference: 403.5   Substance-Free Workplace
  
                                    409.2   Licensed Employee Personal Illness Leave
  
                                    414.2   Classified Employee Personal Illness Leave

Initially Approved   03-12-2001                       
Last Reviewed   07-08-2020                              
Last Revision _07-08-2020
_

 

dawn@iowaschoo… Thu, 09/03/2020 - 09:36

403.6E1 - Drug and Alcohol Testing Program Notice to Employees

403.6E1 - Drug and Alcohol Testing Program Notice to Employees

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law.

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand, one pounds or more.  For purposes of the drug and alcohol testing program, "employees" also includes applicants who have been offered a position to operate a school vehicle.  The employees operating a school vehicle are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program.

It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements.  Employees with questions regarding the drug and alcohol testing requirements will contact the school district contact person.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination. 

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting documents and the law.  It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using.  Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents or the law.

NOTE:  This form also assumes the school district will terminate the driver upon violation of this policy and its supporting documents.  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 changing the first and third paragraph to read:

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion, post-accident, return-to-duty, and follow-up drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law.

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

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination at the discretion of the school district.  As a condition of continued employment, employees violating this policy, its supporting documents or the law will be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program recommended by a 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.

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

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination.  As a condition of continued employment, employees violating this policy, its supporting documents or the law bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and, a substance abuse treatment program recommended by the substance abuse professional.  Employees required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

The format of this notice is not specifically required by the federal regulations.  It is designed to provide a starting point for school districts to develop their own form.  However, the federal regulations do require the drivers have notice of the drug and alcohol testing program.  Under the federal regulations, school districts may require their drivers to notify them of any prescription medications they are using.  School districts which do not want to be informed may delete this language from this notice.

 

dawn@iowaschoo… Thu, 09/03/2020 - 11:20

403.6E2 - Drug & Alcohol Program and Pre-Employment Testing Acknowledgement Form

403.6E2 - Drug & Alcohol Program and Pre-Employment Testing Acknowledgement Form

I,   ____________________________________________________________________, have received a copy, read and understand the Drug and Alcohol Testing Program policy of the Clarinda Community School District and its supporting documents. 

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents or the law, I may be subject to discipline up to and including termination or I may be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program if recommended by a substance abuse professional.  If I am required to and fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program, I understand I will be subject to discipline up to and including termination.  A second violation of this policy will result in termination.

I also understand that I must inform my supervisor of any prescription medication I use. 

In addition, I have received a copy of the U.S. DOT publication, “What Employees Need to Know about DOT Drug & Alcohol Testing,” and have read and understand its contents.

Furthermore, I know and understand that I am required to submit to a controlled substance (drug) test, the results of which must be received by this employer before being employed by the school district and before being allowed to perform a safety-sensitive function.  I also understand that if the results of the pre-employment test are positive, that I will not be considered further for employment with the school district.

I further understand that drug and alcohol testing records and information about me are confidential, and may be released at my request or in accordance with the district’s drug and alcohol testing program policy, its supporting documents or the law.

 

__________________________________________________               ________________________
(Signature of Employee)                                                                            (Date)

 

dawn@iowaschoo… Thu, 09/03/2020 - 11:02

403.6E3 - Drug & Alcohol Program and Pre-Employment Testing Written Consent to Share Information

403.6E3 - Drug & Alcohol Program and Pre-Employment Testing Written Consent to Share Information

I,   Name of Employee   ), understand that as part of my employment in a position that requires a commercial driver’s license in the __________ District, I grant consent for the District to conduct queries of the Federal Motor Carrier Safety Administration (“FMCSA”) Commercial Driver’s License Drug and Alcohol Clearinghouse to determine whether drug or alcohol violation information about me exists in the Clearinghouse.  I further consent to the District sharing information related to my drug and alcohol testing results with prior, current and future employers, as well as the FMCSA Clearinghouse in accordance with state and federal laws. 

I understand that the District will check and perform queries of my drug and alcohol testing results prior to my employment in any position which requires the use of a commercial driver’s license.  I further understand the District will check and perform queries of my testing results annually and is required to report any drug and alcohol violations of this policy to the FMCSA Clearinghouse. 

I understand that I am not required to consent to the query of the FMCSA Clearinghouse or the District sharing of drug and alcohol testing information with past, present or future employers or the FMCSA Clearinghouse; but that without my consent I understand I will be prohibited from performing safety sensitive functions, including driving a commercial motor vehicle, as required by FMCSA’s drug and alcohol program regulations. 

I hereby give my consent to the District to perform queries of the FMCSA Clearinghouse and share my drug and alcohol testing results with past, present and future employers, as well as the FMCSA Clearinghouse.

                                

__________________________________________________               ________________________
(Signature of Employee)                                                                            (Date)

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:59

404 - Employee Conduct and Appearance

404 - Employee Conduct and Appearance

Employees are role models for the students who come in contact with them during and after school hours.  The board recognizes the positive effect employees can have on students in this capacity.  To this end, the board strongly suggests and encourages employees to dress themselves, groom themselves and conduct themselves in a manner appropriate to the educational environment.

Employees will conduct themselves in a professional manner.  Employees will dress in attire appropriate for their position.  Clothing should be neat, clean, and in good taste.  Discretion and common sense call for an avoidance of extremes which would interfere with or have an effect on the educational process.

Licensed employees of the school district, including administrators, will follow the code of ethics for their profession as established by the Iowa Board of Educational Examiners.

 

 

Legal Reference: Iowa Code § 279.8.
  
                                    282 I.A.C. 13.25, 26.

Cross Reference: 104      Anti-Bullying/Harassment
  
                                    305      Administrator Code of Ethics
  
                                    401.11 Employee Orientation
  
                                    403.5   Substance-Free Workplace
  
                                    407      Licensed Employee Termination of Employment
  
                                    413      Classified Employee Termination of Employment

Initially Approved   03-12-2001                       
Last Reviewed   11-12-18                             
Last Revision                              

 

dawn@iowaschoo… Thu, 09/03/2020 - 09:45

404R1 - Code of Professional Conduct and Ethics Regulation

404R1 - 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 practitioners 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.  An administrator shall make a good faith effort to determine whether the practitioner has been released from the current contract.

(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 practitioners 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 practitioners 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 practitioners 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 practitioners 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 ones 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, student loan obligations, 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. D.          Failing to comply with a board order.

 

25.3(8) Standard VIII—incompetence. Violation of this standard includes, but is not limited to:

a.     Willfully or repeatedly departing from or failing to conform to the minimum standards of acceptable and prevailing educational practice in the state of Iowa.

b. Willfully or repeatedly failing to practice with reasonable skill and safety.

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:50

404R2 - Code of Rights and Responsibilities Regulation

404R2 - Code of Rights and Responsibilities Regulation

CHAPTER 26
282—26.1 (272)  Purpose. The code of professional conduct and ethics in 282—Chapter 25 defines unprofessional and unethical conduct justifying disciplinary sanction. The board acknowledges that the discharge of professional obligations should occur in recognition of certain fundamental rights and responsibilities. Accordingly, the board recognizes the following rights and responsibilities of all educators licensed under Iowa Code chapter 272 and agrees that the exercise of these rights and responsibilities may present mitigating facts and circumstances in the board’s evaluation of allegations of unprofessional or unethical conduct.

282—26.2 (272) Rights. Educators licensed under Iowa Code chapter 272 have the following rights:

  1. The educator has a right to be licensed and endorsed under professional standards established and enforced by the board.
  2. The educator has a right to refuse assignments for which the educator is not legally authorized, in terms of holding a valid Iowa license with the appropriate endorsement(s) or approval(s).
  3. The educator has a right, subject to board and administrator authority, to exercise professional judgment in the evaluation, selection, and use of teaching methods and instructional materials appropriate to the needs, abilities, and background of each student.

282—26.3 (272) Responsibilities. Educators licensed under Iowa Code chapter 272 have the following responsibilities:

  1. The educator has a responsibility to maintain and improve the educator’s professional competence.
  2. The educator has a responsibility to accept only those assignments for which the educator is legally authorized.
  3. The educator has a responsibility to provide conditions that are conducive to teaching and student learning.
  4. The educator shall protect students from conditions harmful to learning or to health or safety.
  5. The educator shall not, without just cause, restrain a student from independent action in the pursuit of learning and shall not, without just cause, deny a student access to varying points of view.
  6. The educator shall not use professional relationships with students for personal advantage.
  7. The educator shall not discriminate against any student on the grounds of race, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.
  8. The educator shall accord just and equitable treatment to all members of the profession.
  9. The educator shall keep in confidence personally identifiable information regarding a student or the student’s family members that has been obtained in the course of professional service, unless disclosure is required by law or is necessary for the personal safety of the student or others.
  10. The educator who has reasonable basis to believe that a student has been abused, as defined by law, shall make all reports required by law and the Iowa Administrative Code and which are necessary to ensure the safety and well-being of the student.
  11. In the administration of discipline, the educator shall treat all students with respect and in compliance with all policies of the school district served by the educator.
  12. The educator shall provide accurate, truthful, and complete information to the board and to the local education system concerning all licensure transactions.
  13. The educator shall not refuse to participate in a professional inquiry, when requested by the board.
  14. The educator shall not require or direct another educator to violate any provisions of the code of professional conduct and ethics or any rights of a student, parent, educator or citizen.
  15. The educator shall not delegate assigned tasks to unqualified personnel.

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:47

405 - Licensed Employees - General

405 - Licensed Employees - General dawn@iowaschoo… Thu, 09/03/2020 - 10:32

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; 279.8.
 
                                     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

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                               
Last Revision                              

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:46

405.2 - Licensed Employee Qualifications, Recruitment, Selection

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," will have an opportunity to apply and qualify for licensed positions in the school district in accordance with applicable laws and school district policies regarding equal employment.  Job applicants for licensed positions will be considered on the basis of the following:

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

All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system. Additional announcements of the position may occur in a manner which the superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired.

The board will employ licensed employees after receiving a recommendation from the superintendent.  The superintendent, however, will have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.

 

 

Legal Reference: 29 U.S.C. §§ 621-634.
  
                                    42 U.S.C. §§ 2000e, 12101 et seq.
  
                                    Iowa Code §§ 20; 35C; 216; 279.13.
  
                                    281 I.A.C. 12.
                                      282 I.A.C. 14.
  
                                    

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

Initially Approved   03-12-2001                        
Last Reviewed   10-10-18                          
Last Revision 10-10-18

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:44

405.3 - Licensed Employee Individual Contracts

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

 

 

Legal Reference: Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).
  
                                    Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 467 (1927).
  
                                    Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).
  
                                    Iowa Code chs. 20; 279.

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

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:43

405.4 - Licensed Employee Continuing Contracts

405.4 - 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 §§ 272; 279; 294.

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

Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                             
Last Revision  10-10-18 

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:41

405.5 - Licensed Employee Work Day

405.5 - Licensed Employee Work Day

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

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

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

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

 

 

Legal Reference: Iowa Code §§ 20; 279.8.

Cross Reference: 200.2   Powers of the Board of Directors

Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                            
Last Revision   10-10-18    

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:40

405.6 - Licensed Employee Assignment

405.6 - Licensed Employee Assignment

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

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

 

 

Legal Reference: Iowa Code §§ 20; 279.8.

Cross Reference: 200.2   Powers of the Board of Directors

Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                              
Last Revision    10-10-18      

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:37

405.7 - Licensed Employee Transfers

405.7 - Licensed Employee Transfers

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

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

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

 

 

Legal Reference: Iowa Code §§ 20; 216.14; 279.8.

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

Initially Approved   03-12-2001                        
Last Reviewed   10-10-18                              
Last Revision    10-10-18      

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:38

405.8 - Licensed Employee Evaluation

405.8 - 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

Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                               
Last Revision 10-10-18

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:36

405.9 - Licensed Employee Probationary Status

405.9 - Licensed Employee Probationary Status

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 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

Initially Approved   03-12-2001                        
Last Reviewed   10-10-18                               
Last Revision 10-10-18

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:35

406 - Licensed Employee Compensation and Benefits

406 - Licensed Employee Compensation and Benefits dawn@iowaschoo… Thu, 09/03/2020 - 10:23

406.1 - Licensed Employee Compensation

406.1 - 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 Salary Schedule Advancement

 Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                               
Last Revision    10-10-18     

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:27

406.2 - Licensed Employee Compensation Advancement

406.2 - Licensed Employee Compensation Advancement

The board will determine if licensed employees will advance in compensation for their licensed employees' positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

It is the responsibility of the superintendent to make a recommendation to the board for the advancement of licensed employees.

 

 

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

Cross Reference: 405      Licensed Employees - General
  
                                    406      Licensed Employee Compensation and Benefits

Initially Approved   03-12-2001                        
Last Reviewed   10-10-18                             
Last Revision      10-10-18      

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:33

406.3 - Licensed Employee Continued Education Credit

406.3 - Licensed Employee Continued Education Credit

Continued education on the part of licensed employees may entitle them to advancement in compensation.  Licensed employees who have completed additional hours may be considered for advancement.  The board will determine which licensed employees will advance in compensation for continued education keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and any other items deemed relevant by the board.

Licensed employees who wish to obtain additional education for advancement must notify their supervisor by May 1st of the school year preceding the actual year when advancement occurs.  The superintendent has the discretion to approve credit outside the employee's area of endorsement or responsibility.

It is the responsibility of the superintendent to make a recommendation to the board for the advancement of a licensed employee.

 

 

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

Cross Reference: 405     Licensed Employees - General
  
                                    406     Licensed Employee Compensation and Benefits

Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                               
Last Revision       10-10-18      

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:29

406.4 - Licensed Employee Compensation for Extra Duty

406.4 - Licensed Employee Compensation for Extra Duty

A licensed employee may volunteer or be required to take on extra duty, with the extra duty being secondary to the major responsibility of the licensed employee.  The board may, in its sole discretion, establish compensation for extra duty licensed employee positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

Vacant extra duty positions, for which extra compensation will be earned, will be posted to allow qualified licensed employees to volunteer for the extra duty.  If no licensed employee volunteers for extra duty, the superintendent will assign the extra duty positions to qualified licensed employees.  The licensed employee will receive compensation for the extra duty required to be performed.

It is the responsibility of the superintendent to make a recommendation to the board annually as to which licensed employees will have the extra duty, and the compensation for extra duty, for the board's review.

 

 

Legal Reference: Iowa Code §§ 279.8, .13-.15, .19A-B (2013).

Cross Reference: 405      Licensed Employees - General
  
                                    406      Licensed Employee Compensation and Benefits

Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                               
Last Revision     10-10-18       

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:31

406.5 - Licensed Employee Group Insurance Benefits

406.5 - Licensed Employee Group Insurance Benefits

Licensed employees may be eligible for group benefits as determined by the board and required by law. The board will select the group benefit program(s) and the insurance company or third party administrator which will provide or administer the program.

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, with minimum essential coverage that is both affordable and provides minimum value. The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees.

Licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan. Licensed employees who work 30 hours per week are eligible to participate in all group insurance plans. Employers should maintain documents regarding eligible employees’ acceptance and rejection of coverage.

Regular part-time employees (i.e., employees who work less than 30 hours per week or 130 hours per month for health benefit purposes or employees who work less than 30 hours per week for benefits other than health) who wish to purchase coverage may participate in group benefit programs by meeting the requirements of the applicable plan. Full-time and regular part-time licensed employees who wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.

Licensed employees and their spouse and dependents may be allowed to continue coverage of the school district's group health program if they cease employment with the school district by meeting the requirements of the plan. 

 

 

Legal Reference: Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B.
  
                                    Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).
                                      
Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).
                                     
 
Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014).

Cross Reference: 405.1   Licensed Employee Defined
  
                                    706.2   Payroll Deductions

Initially Approved   03-12-2001                        
Last Reviewed 10-10-18                            
Last Revision 10-10-18

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:25

406.6 - Licensed Employee Tax Shelter Programs

406.6 - Licensed Employee Tax Shelter Programs

Employees may elect to have amounts withheld from their pay for items authorized by law, subject to agreement of the district. The board may authorize the administration to make a payroll deduction for licensed employees' tax sheltered annuity premiums purchased from a company or program if chosen by the board.

Licensed employees wishing to have payroll deductions for tax sheltered annuities will make a written request to the superintendent.

 

 

Legal Reference: Iowa Code §§ 260C; 273; 294.16.
  
                                

Cross Reference: 706           Payroll Procedures

Initially Approved   03-12-2001                        
Last Reviewed   10-10-18                               
Last Revision 10-10-18

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:24

407 - Licensed Employee - Termination of Employment

407 - Licensed Employee - Termination of Employment dawn@iowaschoo… Thu, 09/03/2020 - 09:51

407.1 - Licensed Employee Resignation

407.1 - Licensed Employee Resignation

A licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the board for return of the contract.  This applies to regular contracts for the licensed employee's regular duties and for an extracurricular contract for extra duty.  Resignations of this nature will be accepted by the board.

The board may require an individual who has resigned from an extracurricular contract to accept the resigned position for only the subsequent school year when the board has made a good faith effort to find a replacement and the licensed employee is continuing to be employed by the school district.

 

 

Legal Reference: Iowa Code §§ 91A.2, .3, .5; 279.13, .19A.

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

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Thu, 09/03/2020 - 13:08

407.2 - Licensed Employee Contract Release

407.2 - 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. 

 

NOTE:  School districts may charge employees for costs incurred in finding a replacement.  Employees can only be charged costs, not "penalties."  The costs cannot be withheld from money owed the employee unless the employee agrees.  If costs are not withheld from moneys owed to the employee, the school district must bill the employee.  If the employee fails to pay, the school district's only option for reimbursement is to file a claim in small claims court.  The school district also has the option of filing a complaint with the Board of Educational Examiners stating the employee has engaged in unprofessional conduct.

 

 

Legal Reference: Iowa Code §§ 216; 272; 279.13, .19A, .46 (2013).
  
                                    

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

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:13

407.3 - Licensed Employee Retirement

407.3 - Licensed Employee Retirement

Licensed employees who will complete their current contract with the board may apply for retirement.  No licensed employee will be required to retire at a specific age.

Application for retirement will be considered made when the licensed employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board, the intent of the employee to retire.  The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent.  Applications made after the date set by the board for the return of the employee's contract to the board may be considered by the board if special circumstances exist.  It is within the discretion of the board to determine whether special circumstances exist.

Board action to approve a licensed employee's application for retirement is final and such action constitutes nonrenewal of the employee's contract for the next school year.

Licensed employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.

Licensed employees and their spouse and dependents are allowed to continue coverage in the school district's group health insurance program at their own expense by meeting the requirements of the insurer.

 

NOTE:  Mandatory retirement ages are a violation of federal law.  The witnessing of the retiring employee's letter is to protect the school district in the event an employee alleges that the school district forced the employee to retire.

 

 

Legal Reference: Iowa Code §§ 97B; 216; 279.46.
  
                                    281 I.A.C. 21.

Cross Reference: 407.6   Licensed Employee Early Retirement

Initially Approved   03-12-2001                       
Last Reviewed   07-08-2020                              
Last Revision   07-08-2020

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:11

407.4 - Licensed Employee Suspension

407.4 - 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 (Iowa 1987).
  
                                    McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).
  
                                    Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27.

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

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                               
Last Revision                              

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:21

407.5 - Licensed Employee Reduction in Force

407.5 - Licensed Employee Reduction in Force

The board has the exclusive authority to determine the appropriate number of licensed employees.  A reduction of licensed employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, and other reasons deemed relevant by the board.

The reduction in licensed employees, other than administrators, will be done through normal attrition if possible.  If normal attrition does not meet the necessary reduction in force required, the board may terminate licensed employees.

It is the responsibility of the superintendent to make a recommendation for termination to the board.  The process for reduction in force shall be as follows:

  • Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing;
  • Relative skills, ability and demonstrated performance;
  • Qualifications for co-curricular programs; and
  • Number of continuous years of service to the school district.  This will be considered only when the foregoing factors are relatively equal between licensed employees.

Due process for terminations due to a reduction in force will be followed.

 

 

Legal Reference: Iowa Code §§ 20; 279.

Cross Reference: 407.4   Licensed Employee Suspension
  
                                    413.5   Classified Employee Reduction in Force
  
                                    703      Budget

Initially Approved   03-12-2001                        
Last Reviewed   10-10-18                             
Last Revision     10-10-18          

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:19

407.6 - Voluntary Early Retirement Policy

407.6 - Voluntary Early Retirement Policy

1.  PURPOSE

It is the expressed intent of the Board, through this policy, to acknowledge full time certified employees who have provided years of service to the School District by offering them a voluntary early retirement incentive subject to the terms and conditions set out in this Policy. 

2.  STATEMENT OF NON-DISCRIMINATION

The School District will not discriminate against any employee on the basis of age, gender, race, color, creed, religion, national origin, or disability through the application or administration of this policy.

3.  ELIGIBILITY

A regular, full-time certified employee is eligible for early retirement if the employee:

a.  has reached at least the age of 55 by January 1 of current school year,

b.  has continuously worked a minimum of the most previous ten years of service at the School District and is actively employed on a full-time basis as a certified teacher during the last school year prior to early retirement,

c.  notifies the board as provided by this Policy, not later than 4:00 pm on December 23rd

d.  retires effective not later than the end of the current contract year,

e.  is not eligible for, applying for, or receiving benefits under a leave of absence or other District plan,

f.  has not received a notice as of December 23rd concerning termination of the employee’s contract, unless the notice is based upon reasons which are related to staff reduction, and

g.  has not previously received early retirement benefits from the School District      

4.  DEFINITION OF TERMS

a.  Years of service - Years of service must be consecutive and most recent.

b.  Continuously Worked - Continuous employment must be without any voluntary interruptions of service.  Interruptions due to reductions in force or due to approved leaves of absence will not constitute a voluntary interruption in service, unless the interruption or leave exceeds twenty-four (24) consecutive months in length.  However, the period of time during which an employee is absent due to a reduction in force or due to an approved leave will not be counted for purposes of determining the minimum years of service required to establish eligibility.

c.  Regular full-time certified employee - A regular full-time certified employee is an employee who works as a teacher or other member of the teachers’ bargaining unit a minimum of seven hours per work day for 180 work days or more each school year.

d.  “Actively employed” – means the employee has been at work and performing assigned duties for at least 80 percent of the work days over the previous 12 months.

5.             APPLICATION

a.  Under ordinary circumstances, applications must be received by the Superintendent not  later than 4:00 pm on December 23rd in the year in which retirement is to take effect.

b.  The date of retirement for eligible employees will ordinarily be the end of the individual’s contract year.  However, another date may be requested and approved by the Board.

c.  Application materials must include the following forms:

  1. Request for Retirement and Resignation of all current district contracts
     
  2. Designation of Beneficiary Form
     
  3. Release of Claims Form
     
  4. Agreement Not to Reapply for Employment.  (However, this agreement does not prohibit the School District from offering employment to the employee in the future.)

d.  An employee’s application for early retirement benefits is not, in itself, a resignation nor does it require the Board to accept the application.  However, acceptance by the Board of an employee’s application for early retirement will be considered a voluntary resignation and termination of the employee’s contract of employment.  If the Board does not accept the employee’s application, the employee’s contract will continue in effect.

6.  BOARD’S RIGHT TO LIMIT OR DENY BENEFITS

a.  The Board reserves the right to determine whether any early retirement benefits will be paid in a given year, and, if so, to determine how many employees will be granted benefits.  The Board expressly reserves the right to reject any application for early retirement benefits.

b.  If the Board decides that only a limited number of employees will be granted early retirement benefits in a given year, the Board will then determine the maximum number of employees who may receive benefit.   Recipients will be selected on years of service.  If there is a tie between or among employees using the seniority rule, the tie will be broken by a random process.

c.  Each year this policy is in effect, the Board will make a determination regarding the payment of early retirement benefits and announce its decision to employees no later than November 1st.

7.  EARLY RETIREMENT BENEFIT

a.  Early retirement benefits are offered as an inducement to, and consequence of retirement and are not to be construed as a continuation of salary.

b.  Payment of this benefit, in one lump sum, shall be made in September of the year in which the retirement begins.

c.  In the event of the death of the early retiree, any remaining or unpaid benefit will be paid to the beneficiary designated by the retiree or, if no beneficiary is designated, to the retiree’s estate.

d.  Payments are subject to applicable taxes such as withholding for federal and state income taxes, social security etc.  Employees will not be paid interest on any funds held by the District.

8.  CONTINUATION OF INSURANCE

Employees retiring under the early retirement program are eligible to continue participation in the school district’s group insurance plan at the employee’s own expense until the employee reaches sixty five years of age.  Employees must meet the requirements of the insurer and must pay the monthly premium amount in full to the board secretary prior to the due date for the school district’s premium payment to the insurer. 

9.  RIGHT TO AMEND OR REVOKE

The Board reserves the right to amend or revoke this Early Retirement Policy or any provision of this policy at any time, with or without notice.

The Board also reserves the right to waive any requirement or condition of this policy at its discretion and at any time.  Any decision by the Board to waive a requirement or condition which is a part of this policy shall not establish any precedent with regard to future requests for a waiver.

 

 

Initially Approved   03-08-1999                 
Last Reviewed.    12-09-2020               
Last Revision 12-09-2020           

 

dawn@iowaschoo… Thu, 09/03/2020 - 09:52

407.6E1 - Resignation and Request for Early Retirement

407.6E1 - Resignation and Request for Early Retirement

I, _____________________________________, born on _______________________________, hereby submit my resignation to the Board of Directors of the Clarinda Community School District and elect the early retirement benefits available to employees in the Clarinda Community School District.  This resignation is subject to the acceptance of my application for early retirement benefits.

I commenced my most recent continuous service in the Clarinda Community School District on

________________________.

 

Print Full Name __________________________________________________

 

Signed _________________________________________________________ Date ______________________

 

 

 

 

The resignation and request for early retirement was accepted by the Board of Directors on the ___________ day of

 _________________, 20____, by action as noted in the minutes of the Board.

 

_______________________________________________

Secretary of Board of Directors
Clarinda Community School District

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:06

407.6E2 - Release

407.6E2 - Release

Clarinda Community School District (the School District) and _____________________________ agree as follows:

1.  In consideration of the benefits to be provided in accordance with the Early Retirement Policy,

_____________________________ agrees to immediately sign and submit a letter of resignation to be effective on the last day of the current school year.

2.  _______________________ is advised that he/she has the right to consult with an attorney and tax advisor prior to signing this Agreement.

3.  _________________________________ acknowledges that he/she received a copy of this Agreement on

 _________________________, 20____, and that he/she was given at least fourteen (14) days to consider this Agreement.

4.  Following the date of the signing of this Agreement, ________________________________ shall have seven (7) days to revoke the Agreement, and this Agreement shall not be effective until this seven (7) day period has expired.

5.  ________________________________________ hereby releases and discharges the School District, the Board of Directors of the School District, and any and all officers, employees, representatives or agents of the School District from any and all liability whatsoever including all claims, demands, or causes of action which he/she has or may ever claim to have by reason of his/her employment with the School District and the termination of his/her employment relationship with the School District, and _______________________________________ specifically waives any rights or claims which he/she may have or ever claim to have arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. Sec 621, et seq.), excluding any claims which may arise after the date of the signing of this Agreement.

6.  ______________________________________________ acknowledges that this Agreement is entered into freely and voluntarily and solely in reliance upon his/her own knowledge, belief and judgment and not upon representations made by the School District or others on its behalf.

Clarinda Community School District

 

 

By:___________________________________                           _______________________________________
                                                                                                                 Employee

Date:__________________________________                          Date:___________________________________

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:07

407.6E3 - Designation of Beneficiary

407.6E3 - Designation of Beneficiary

If the Board approves my application for early retirement benefits and I die before I receive the Benefit, I direct the Board to pay the Benefit to:

 

 ___________________________________________
  Name of Beneficiary

___________________________________________
  Street Address

___________________________________________
  City, State, Zip

___________________________________________
  Telephone

 

 

 

 

 

Print Full Name _________________________________________________

 

Signed:  _____________________________________________     Date __________________________

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:09

407.6E4 - Agreement Not to Seek Re-Employment

407.6E4 - Agreement Not to Seek Re-Employment

In consideration of the benefits that will be provided to me by Clarinda Community School District through its Voluntary Early Retirement Policy, I hereby agree not to apply for or seek full-time employment with Clarinda Community School District at any time in the future.

 

Print Full Name ________________________________________________

 

Signed ___________________________________ Date _________________

 

Witness___________________________________Date__________________

 

 

Initially Approved   03-08-1999                 
Last Reviewed 12-09-2020              
Last Revision 12-09-2020

 

dawn@iowaschoo… Thu, 09/03/2020 - 10:10

408 - Licensed Employee – Professional Growth

408 - Licensed Employee – Professional Growth dawn@iowaschoo… Thu, 09/03/2020 - 09:43

408.1 - Licensed Employee Professional Development

408.1 - 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.

Requests for attendance or participation in a development program, other than those development programs sponsored by the school district, is made to the superintendent.  Approval of the superintendent must be obtained prior to attendance by a licensed employee in a professional development program when the attendance would result in the licensed employee being excused from their duties or when the school district pays the expenses for the program.

The superintendent will have sole discretion to allow or disallow licensed employees to attend or participate in the requested event.  When making this determination, the superintendent will consider the value of the program for the licensed employee and the school district, the effect of the licensed employee's absence on the education program and school district operations and the school district's financial situation as well as other factors deemed relevant in the judgment of the superintendent.  Requests that involve unusual expenses or overnight travel must also be approved by the board.

 

 

Legal Reference: Iowa Code § 279.8; 294.
  
                                    281 I.A.C. 12.7; 83.6.

Cross Reference: 414.9   Classified Employee Professional Purposes Leave

Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                               
Last Revision 10-10-18

 

dawn@iowaschoo… Thu, 09/03/2020 - 09:48

408.2 - Licensed Employee Publication or Creation of Materials

408.2 - Licensed Employee Publication or Creation of Materials

Materials created by licensed employees and the financial gain there from are the property of the school district if school materials and time were used in their creation and/or such materials were created in the scope of the licensed employee's employment.  The licensed employee must seek prior written approval of the superintendent concerning such activities.

 

 

Legal Reference: 17 U.S.C. § 101 et al.
  
                                    Iowa Code § 279.8.

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

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Thu, 09/03/2020 - 09:49

408.3 - Licensed Employee Tutoring

408.3 - Licensed Employee Tutoring

Every effort will be made by the licensed employees to help students with learning problems before recommending that the parents engage a tutor.  Since there are exceptional cases when tutoring will help students overcome learning deficiencies, tutoring by licensed employees may be approved by the superintendent.

Licensed employees may only tutor students other than those for whom the teacher is currently exercising teaching, administrative or supervisory responsibility unless approved by the superintendent.

Tutoring for a fee may not take place within school facilities or during regular school hours unless approved by the superintendent.

 

 

Legal Reference: Iowa Code §§ 20.7; 279.8.

Cross Reference: 401.2   Employee Conflict of Interest
  
                                    402.7   Employee Outside Employment

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Thu, 09/03/2020 - 09:43

409 - Licensed Employee Vacations and Leaves of Absence

409 - Licensed Employee Vacations and Leaves of Absence dawn@iowaschoo… Fri, 09/04/2020 - 11:18

409.1 - Employee Vacation - Holidays - Personal Leave

409.1 - Employee Vacation - Holidays - Personal Leave

The board will determine the amount of vacation, and holidays, and personal leave that will be allowed on an annual basis for employees.

It is the responsibility of the superintendent to make a recommendation to the board annually on vacation, and holidays, and personal leave for employees.

 

NOTE: Boards should adapt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.).

 

 

Legal Reference: Iowa Code §§ 1C; 4.1(34); 20.9

Cross Reference:  601.1   School Calendar

Initially Approved   03-12-2001                       
Last Reviewed   02-15-2021                             
Last Revision     02-15-2021   

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:19

409.2 - Employee Leave of Absence

409.2 - Employee Leave of Absence

Employees will be granted fifteen days of sick leave in their first year of employment.  "Day" is defined as one work day regardless of full-time or part-time status of the employee.  A new employee will report for work at least one full work day prior to receiving sick leave benefits.  A returning employee will be granted the appropriate number of days at the beginning of each fiscal year.

Unused portions of sick leave shall accumulate up to 105 days at the beginning of the contract period.  At that point, 15 days for the current year will be added to the accumulated amount for a total available amount up to 120 days, of which only 105 days will be available to carry over into the next year.

Should the personal illness occur after or extend beyond the sick leave accumulated allowance, the employee may apply for disability benefits under the group insurance plan.  If the employee does not qualify for disability benefits, the employee may request a leave of absence without pay.

Evidence may be required regarding the mental or physical health of the employee when the administration has a concern about the employee's health.  Evidence may also be required to confirm the employee's illness, the need for the illness leave, the employee's ability to return to work, and the employee's capability to perform the duties of the employee's position.  It is within the discretion of the board or the superintendent to determine the type and amount of evidence necessary.  When an illness leave will be greater than three consecutive days, the employee will comply with the board policy regarding family and medical leave.

 

 

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

Initially Approved   03-12-2001                       
Last Reviewed   02-15-2021                             
Last Revision     02-15-2021   

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:20

409.3 - Employee Family and Medical Leave

409.3 - 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 July 1 to June 30.  Requests for family and medical leave will be made to the superintendent.  A medical provider's note stating why the leave is necessary is required and will be required every 30 days until released from medical provider's care.

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

 

 

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

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

WH-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

Initially Approved   03-12-2001                       
Last Reviewed   02-15-2021                               
Last Revision  02-15-2021

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:45

409.3E1 - Employee Family and Medical Leave Notice to Employees

409.3E1 - Employee Family and Medical Leave Notice to Employees

This document is available at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fmlaen.pdf

 

NOTE:  FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post a notice.  Regulations  29 C.F.R. § 825.300(a) may require additional disclosures.

 

dawn@iowaschoo… Fri, 09/04/2020 - 12:10

409.3E2 Employee Family and Medical Leave Request Form

409.3E2 Employee Family and Medical Leave Request Form

Date:                                                                  

 

I,                                                                                       request family and medical leave for the following reason: 

 

(check all that apply)

                       for the birth of my child;

                       for the placement of a child for adoption or foster care;

                       to care for my child who has a serious health condition;

                       to care for my parent who has a serious health condition;

                       to care for my spouse who has a serious health condition; or

                       because I am seriously ill and unable to perform the essential functions of my position.

                       because of a qualifying exigency arising out of the fact that my ___spouse; ___ son or daughter; ___parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.

                       because I am the ___ spouse; ___ son or daughter; ___ parent;       ___next of kin of a covered service member with a serious injury or illness.

 

I acknowledge my obligation to provide medical certification of my serious health condition or that of a family member in order to be eligible for family and medical leave within 15 days of the request for certification. 

 

I acknowledge receipt of information regarding my obligations under the family and medical leave policy of the school district.

 

I request that my family and medical leave begin on                                                  and I request leave as follows: (check one)

                       continuous

                           I anticipate that I will be able to return to work on                                                                  .

                       intermittent leave for the:

                                birth of my child or adoption or foster care placement subject to agreement by the district;

                                serious health condition of myself, parent, or child when medically necessary;

                                because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.

                      because I am the ___ spouse; ___ son or daughter; ___ parent; ___next of kin of a covered service member with a serious injury or illness.

 

Details of the needed intermittent leave:

 

 

 

 

                           I anticipate returning to work at my regular schedule on                                                              .

              reduced work schedule for the:

                                    birth of my child or adoption or foster care placement subject to agreement by the district;

                                                    serious health condition of myself, parent, or child when medically necessary;

                                      because of a qualifying exigency arising out of the fact that my ___spouse; ___ son or daughter; ___parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.

                                      because I am the ___ spouse; ___ son or daughter; ___ parent; ___next of kin of a covered service member with a serious injury or illness.

 

 

Details of needed reduction in work schedule as follows:

 

 

 

 

                        I anticipate returning to work at my regular schedule on                                                              .

 

I realize I may be moved to an alternative position during the period of the family and medical intermittent or reduced work schedule leave.  I also realize that with foreseeable intermittent or reduced work schedule leave, subject to the requirements of my health care provider, I may be required to schedule the leave to minimize interruptions to school district operations.

 

While on family and medical leave, I agree to pay my regular contributions to employer sponsored benefit plans.  My contributions will be deducted from moneys owed me during the leave period.  If no monies are owed me, I will reimburse the school district by personal check or cash for my contributions.  I understand that I may be dropped from the employer-sponsored benefit plans for failure to pay my contribution. 

 

I agree to reimburse the school district for any payment of my contributions with deductions from future monies owed to me or the school district may seek reimbursement of payments of my contributions in court. 

 

I acknowledge that the above information is true to the best of my knowledge.

 

Signed

 

 

 

Date

 

 

If the employee requesting leave is unable to meet the above criteria, the employee is not eligible for family and medical leave. 

nmckinnon@clar… Tue, 02/16/2021 - 13:20

409.3R1 - Employee Family and Medical Leave Regulation

409.3R1 - Employee Family and Medical Leave Regulation

A.         School district notice.

  1. The school district will post the notice in Exhibit 409.3E1 regarding family and medical leave.
     
  2. Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually.  The information will be in each building office.
     
  3. When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements.  Such information will include:

    a.     a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement or 26
            week entitlement depending on the purpose of the leave;

    b.     a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical
            certification of the serious health condition and the consequences for failing to do so or proof of call to active duty in the case of military family and medical
            leave;

    c.     an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires
            substitution of paid leave and the conditions related to the substitution; and

    d.     a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other
            benefits.

 

B.         Eligible employees. 

Employees are eligible for family and medical leave if the following criteria are met.
 

  1. The employee has worked for the school district for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and,
     
  2. The employee has worked at least 1,250 hours during the 12 months immediately before the date FMLA leave is to begin.  Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.

If the employee requesting leave is unable to meet the above criteria, the employee is not eligible for family and medical leave. 

                 

C.      Employee requesting leave -- two types of leave.

  1. Foreseeable family and medical leave.

    a.       Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.

    b.       Employee must give at least thirty days notice for foreseeable leave.  Failure to give the notice may result in the leave beginning thirty days after notice was
              received.  For those taking leave due to military family and medical leave, notice should be given as soon as possible.

    c.        Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district.  The
               scheduling is subject to the approval of the health care provider.

     

  2. Unforeseeable family and medical leave.

    a.       Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.

    b.       Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.

    c.        A spouse or family member may give the notice if the employee is unable to personally give notice.

 

D.       Eligible family and medical leave determination.  The school district may require the employee giving notice of the need for leave to provide reasonable documentation or a
           statement of family relationship.

  1. Six purposes.

    a.       The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;

    b.       The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of
              the child's placement;

    c.        To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition; or

    d.       Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.

    e.      because of a qualifying exigency arising out of the fact that an employee’s ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty
             status in support of a contingency operation as a member of the National Guard or Reserves.

    f.       because the employee is the spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
     

  2. Medical certification. 

    a.       When required:
              (1)      Employees may be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of
                         the job.

              (2)      Employees may be required to present medical certification of the family member's serious health condition and that it is medically necessary for the
                         employee to take leave to care for the family member.

              (3)      Employees may be required to present certification of the call to active duty when taking military family and medical leave.

    b.       Employee's medical certification responsibilities:

              (1)      The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.

              (2)      The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the
                         school district has reason to doubt the validity of the certification an employee submits.  The second health care provider cannot, however, be employed
                         by the school district on a regular basis.

              (3)      If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify
                        the serious health condition.  This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school
                        district.  This certification or lack of certification is binding upon both the employee and the school district.

    c.        Medical certification will be required fifteen days after family and medical leave begins unless it is impracticable to do so.  The school district may request
               recertification every thirty days.  Recertification must be submitted within fifteen days of the school district's request.

    d.       Employees taking military caregiver family and medical leave to care for a family service member cannot be required to obtain a second opinion or to provide
              recertification.

Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification will be denied until such certification is provided.

 

E.       Entitlement.

  1. Employees are entitled to twelve weeks unpaid family and medical leave per year.   Employees taking military caregiver family and medical leave to care for a family service member are entitled to 26 weeks of unpaid family and medical leave but only in a single 12 month period.
     
  2. Year is defined as: 
    -  Fiscal year
     
  3. If insufficient leave is available, the school district may:

    a.       Deny the leave if entitlement is exhausted

    b.       Award leave available

 

F.       Type of Leave Requested.

  1. Continuous - employee will not report to work for set number of days or weeks.
     
  2. Intermittent - employee requests family and medical leave for separate periods of time.

    a.       Intermittent leave is available for:

                                   birth of my child or adoption or foster care placement subject to agreement by the district;

                                   serious health condition of myself, parent, or child when medically necessary;

                    ____       because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in
                                  
support of a contingency operation as a member of the National Guard or Reserves;

                    ____      because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
 

         b.       In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.

         c.        During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits.  (For
                    instructional employees, see G below.)

     3.  Reduced work schedule - employee requests a reduction in the employee's regular work schedule.

          a.       Reduced work schedule family and medical leave is available for:

                                    birth of my child or adoption or foster care placement subject to agreement by the district;

                                    serious health condition of myself, parent, or child when medically necessary;

                    ____        because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in
                                    support of a contingency operation as a member of the National Guard or Reserves;

                    ____        because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.

          b.       In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.

          c.        During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and
                     benefits.  (For instructional employees, see G below.)

 

G.       Special Rules for Instructional Employees.

  1. Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting.  This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.
     
  2. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent of the work days in the leave period may be required to:

    a.       Take leave for the entire period or periods of the planned medical treatment; or,

    b.       Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.
     

  3. Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester.  The number of weeks remaining before the end of a semester does not include scheduled school breaks, such as summer, winter or spring break.

    a.       If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may
              require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last
              three weeks of the semester if the leave was not continued.

    b.       If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester,
              the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would
              return to work during the last two weeks of the semester.

    c.        If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the                      semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the
              semester.

     

  4. The entire period of leave taken under the special rules is credited as family and medical leave.  The school district will continue to fulfill the school district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.

 

H.            Employee responsibilities while on family and medical leave.

  1. Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.
     
  2. The employee contribution payments will be deducted from any money owed to the employee or the employee will reimburse the school district at a time set by the superintendent.
     
  3. An employee who fails to make the health care contribution payments within thirty days after they are due will be notified that their coverage may be canceled if payment is not received within an additional 15 days.
     
  4. An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request.
     
  5. The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.
     
  6. If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return.  The school district will cease benefits upon receipt of this notification.

 

I.        Use of paid leave for family and medical leave.

An employee may substitute unpaid family and medical leave with appropriate paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement.  Paid leave includes, but is not limited to, sick leave, family illness leave, vacation, personal leave, and bereavement leave.  When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:47

409.3R2 - Employee Family and Medical Leave Definitions

409.3R2 - Employee Family and Medical Leave Definitions

Active Duty - duty under a call or order to active duty under a provision of law referring to in section 101(a)(13) of title 10, U.S. Code.

Common Law Marriage - according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife.  There is no time factor that needs to be met in order for there to be a common law marriage.

Contingency Operation - has the same meaning given such term in section 101(a)(13) of title 10, U.S. Code.

 

Continuing Treatment - a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

  • A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
     
    • treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or
    • treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a the health care provider.
       
  • Any period of incapacity due to pregnancy or for prenatal care.
     
  • Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
    • requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
    • Continues over an extended period of time (including recurring episodes of a single underlying condition); and
    • May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
       
  • ​​​​​​​Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.
     
  • Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

Covered Servicemember - a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

Eligible Employee - the district has more than 50 employees on the payroll at the time leave is requested.  The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.

Essential Functions of the Job - those functions which are fundamental to the performance of the job.  It does not include marginal functions.

Employment Benefits - all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."

Family Member - individuals who meet the definition of son, daughter, spouse or parent.

Group Health Plan - any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.

Health Care Provider-

  • A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
     
  • Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and
     
  • Nurse practitioners and nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and
     
  • Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts;
     
  • Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;
     
  • A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.

In Loco Parentis - individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.

Incapable of Self-Care - that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or "ADLs."  Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

Instructional Employee - an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired.  The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily non-instructional employees.

Intermittent Leave - leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.

Medically Necessary - certification for medical necessity is the same as certification for serious health condition.

"Needed to Care For" - the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care.  For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment.  It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.

Next of Kin - an individual's nearest blood relative

Outpatient Status - the status of a member of the Armed Forces assigned to –

  • either a military medical treatment facility as an outpatient; or,
  • a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

Parent - a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child.  Parent does not include parent-in-law.

Physical or Mental Disability - a physical or mental impairment that substantially limits one or more of the major life activities of an individual.

Reduced Leave Schedule - a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

Serious Health Condition -

  • An illness, injury, impairment, or physical or mental condition that involves:
  • Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
  • Continuing treatment by a health care provider.  A serious health condition involving continuing treatment by a health care provider includes:
    • ​​​​​​​A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
      • Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or
      • Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
    • Any period of incapacity due to pregnancy or for prenatal care.
    • ​​​​​​​Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
      • ​​​​​​​Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
      • Continues over an extended period of time (including recurring episodes of s single underlying condition); and,
      • May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
      • A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's a severe stroke or the terminal stages of a disease.
      • Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
  • ​​​​​​​​​​​​​​Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
  • Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
  • Substance abuse may be a serious health condition if the conditions of this section are met.  However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider.  On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.
  • Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days.  For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level.  An employee who is pregnant may be unable to report to work because of severe morning sickness.

Serious Injury or Illness - an injury or illness incurred by a member of the Armed forces, including the National Guard or Reserves in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.

Son or daughter - a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis.  The child must be under age 18 or, if over 18, incapable of self-care because of a mental or physical disability.

​​​​​​​Spouse - a husband or wife recognized by Iowa law including common law marriages.

 

dawn@iowaschoo… Fri, 09/04/2020 - 12:11

409.4 - Licensed Employee Bereavement Leave

409.4 - Licensed Employee Bereavement Leave

Licensed employees shall be granted a leave of absence at full pay for funerals they feel they should attend.  Attendance for funerals will be deducted from the employee’s Family Emergency Leave.  If Family Emergency Leave at full pay is exhausted, attendance will be deducted from Personal Leave.

 

 

Legal Reference: Iowa Code §§ 20.9; 279.8.

Cross Reference: 409      Licensed Employee Vacations and Leaves of Absence

Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                               
Last Revision       10-10-18   

 

dawn@iowaschoo… Fri, 09/04/2020 - 12:09

409.5 - Licensed Employee Political Leave

409.5 - Licensed Employee Political Leave

The board will provide a leave of absence to licensed employees to run for elective public office.  The superintendent will grant a licensed employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The licensed employee will be entitled to one period of leave to run for the elective public office, and the leave may commence within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the superintendent of schools at least thirty days prior to the starting date of the requested leave.

 

 

Legal Reference: Iowa Code ch. 55 (2013).

Cross Reference: 401.9  Employee Political Activity
  
                                    409      Licensed Employee Vacations and Leaves of Absence

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 12:07

409.6 - Licensed Employee Jury Duty Leave

409.6 - Licensed Employee Jury Duty Leave

The board will allow licensed employees to be excused for jury duty unless extraordinary circumstances exist.  The superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours. 

Licensed employees will receive their regular salary.  Any payment for jury duty will be paid to the school district.

 

 

Legal Reference: Iowa Code §§ 20.9; 607A (2013).

Cross Reference: 409      Licensed Employee Vacations and Leaves of Absence

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 12:08

409.7 - Licensed Employee Military Service Leave

409.7 - Licensed Employee Military Service Leave

The board recognizes licensed employees may be called to participate in the armed forces, including the national guard.  If a licensed employee is called on to serve in the armed forces, the employee will have a leave of absence for military service until the military service is completed.

The leave is without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

 

 

Legal Reference: Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
  
                                    Iowa Code §§ 20; 29A.28 (2013).

Cross Reference: 409      Licensed Employee Vacations and Leaves of Absence

Initially Approved   03-12-2001                        
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:44

409.8 - Licensed Employee Unpaid Leave

409.8 - Licensed Employee Unpaid Leave

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies of the board.  Unpaid leave for licensed employees must be authorized by the superintendent.

The superintendent will have complete discretion to grant or deny the requested unpaid leave.  In making this determination, the superintendent will consider the effect of the employee's absence on the education program and school district operations, length of service, previous record of absence, the financial condition of the school district, the reason for the requested absence and other factors the superintendent believes are relevant to making this determination.

If unpaid leave is granted, the duration of the leave period will be coordinated with the scheduling of the education program whenever possible to minimize the disruption of the education program and school district operations.

Whenever possible, licensed employees will make a written request for unpaid leave prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary are made unless they are waived specifically by the superintendent.

 

 

Legal Reference: Iowa Code §§ 20; 85; 85A; 85B; 279.12; 509; 509A; 509B  

Cross Reference: 409      Licensed Employee Vacations and Leaves of Absence

Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                               
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 12:04

409.9 - Licensed Employee Family Emergency Leave

409.9 - Licensed Employee Family Emergency Leave

The board realizes an emergency may arise which would necessitate a licensed employee’s absence from work which is not covered by another form of leave of absence.  Such leave shall be called family emergency leave. 

Licensed employees shall be granted up to five days leave of absence with full pay each year for illness or death in the immediate family (spouse, children, mother, father) or in special cases when the employee feels the immediate family might include others.  This leave may accumulate up to ten (10) days. 

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

 

 

Legal Reference: Iowa Code §§ 20.9; 279.8 (2013).

Cross Reference: 409      Licensed Employee Vacations and Leaves of Absence

Initially Approved   03-12-2001      
Last Reviewed    05-09-2016             
Last Revision __________________

 

dawn@iowaschoo… Fri, 09/04/2020 - 12:06

410 - Other Licensed Employees

410 - Other Licensed Employees dawn@iowaschoo… Fri, 09/04/2020 - 11:40

410.1 - Substitute Teachers

410.1 - 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 building principal 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.  Substitutes employed for more than 10 consecutive days in the same position shall be placed on Lane 1, Step 3 of the salary schedule.  Substitute licensed employees are expected to perform the same duties as the licensed employees.

 

 

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

Initially Approved   03-12-2001                       
Last Reviewed   11-12-18                              
Last Revision     11-12-18         

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:42

410.2 - Summer School Licensed Employees

410.2 - Summer School Licensed Employees

The Clarinda 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; .68; 280.14.

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

Initially Approved   03-12-2001                        
Last Reviewed 05-09-2016                           
Last Revision 05-09-2016

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:41

410.3 - Education Associate

410.3 - 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.
  
                                    281 I.A.C. 12.4(9); .5(9).

Cross Reference: 411.2   Classified Employee Qualifications, Recruitment, Selection

Initially Approved   03-12-2001                       
Last Reviewed   03-10-2014                              
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:43

411 - Classified Employees - General

411 - Classified Employees - General dawn@iowaschoo… Fri, 09/04/2020 - 11:24

411.1 - Classified Employee Defined

411.1 - 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

Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                             
Last Revision    10-10-18     

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:37

411.2 - Classified Employee - Qualifications, Recruitment, Selection

411.2 - 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 the school district 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 superintendent will recommend employment of classified employees to the board for approval. 

 

 

Legal Reference: 29 U.S.C. §§ 621-634.
  
                                    42 U.S.C. §§ 2000e; 12101 et seq.
  
                                    Iowa Code §§ 20; 35C; 216; 256.27; 279.8; 279.20
  
                                    281 I.A.C. 12

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

Initially Approved   03-12-2001                       
Last Reviewed   03-27-2017                              
Last Revision 03-27-2017
   

                                                                                                           

dawn@iowaschoo… Fri, 09/04/2020 - 11:29

411.3 - Classified Employee Contracts

411.3 - Classified Employee Contracts

The board may enter into written contracts with classified employees employed on a regular basis.  The contract will state the terms of employment.

Each contract will include a two week cancellation clause.  Either the employee or the board must give notice of the intent to cancel the contract at the end of two weeks.  This notice will not be required when the employee is terminated during a probationary period or for cause.

Classified employees will receive a job description stating the specific performance responsibilities of their position.

It is the responsibility of the superintendent to draw up and process the classified employee contracts and present them to the board for approval.  The contracts, after being signed by the board president, are filed with the board secretary.

 

 

Legal Reference: Iowa Code §§ 20; 279.7A; 285.5(9).

Cross Reference: 411      Classified Employees - General
  
                                    412.1   Classified Employee Compensation
  
                                    412.2   Classified Employee Wage and Overtime Compensation
  
                                    413      Classified Employee Termination of Employment

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:38

411.4 - Classified Employee Licensing/Certification

411.4 - 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

Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                               
Last Revision    10-10-18   

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:36

411.5 - Classified Employee Assignment

411.5 - 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.

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

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:32

411.6 - Classified Employee Transfers

411.6 - 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.
  
                                    42 U.S.C. §§ 2000e et seq. 
  
                                    42 U.S.C. §§ 12101 et seq. 
  
                                    Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1.

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

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:35

411.7 - Classified Employee Evaluation

411.7 - 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 at least once every three years.  New and probationary classified employees are formally evaluated at least twice a year.

 

 

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.
  
                                    281 I.A.C. 12.3(3).

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

Initially Approved   03-12-2001                     
Last Reviewed    05-09-2016                            
Last Revision 03-23-2009

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:31

411.8 - Classified Employee Probationary Status

411.8 - Classified Employee Probationary Status

The first year of a newly employed classified employee's contract is a probationary period.  "Day" is defined as one work day regardless of full-time or part-time status of the employee.  New employees, regardless of experience, are subject to this probationary period.

"New" employees include individuals who are being hired for the first time by the school district and those who may have been employed by the school district in the past, but have not been employed by the board during the school year prior to the one for which contracts are being issued.

Only the board, in its discretion, may waive the probationary period.

 

 

Legal Reference: Iowa Code §§ 20; 279.8.

Cross Reference: 411.3   Classified Employee Contracts
  
                                    411.7   Classified Employee Evaluation

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:28

412 - Classified Employee Compensation and Benefits

412 - Classified Employee Compensation and Benefits dawn@iowaschoo… Fri, 09/04/2020 - 10:32

412.1 - Classified Employee Compensation

412.1 - 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.

The board may, based on the superintendent’s recommendation, hold classified employees at their current salary level for disciplinary purposes.

 

 

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

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

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:23

412.2 - Classified Employee Wage and Overtime Compensation

412.2 - Classified Employee Wage and Overtime Compensation

Each non-exempt employee compensated on an hour-by-hour basis, whether full-or part-time, permanent or temporary, will be paid no less than the prevailing minimum wage.  Whenever a non-exempt employee must work more than forty hours in a given work week, the employee is compensated at one and one-half times their regular hourly wage rate.  This compensation is in the form of overtime pay or compensatory time.  Overtime will not be permitted without prior authorization of the superintendent.

Each non-exempt employee paid on an hour-by-hour basis must complete, sign, and turn in a daily time record showing the actual number of hours worked.  Failure of the employee to maintain, or falsification of, a daily time record will be grounds for disciplinary action.

It is the responsibility of the board secretary to maintain wage records.

 

 

Legal Reference: Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985).
  
                                    29 U.S.C. §§ 2601 et seq.
  
                                    29 C.F.R. Pt. 511.

Cross Reference: 411.3   Classified Employee Contracts
  
                                    412.1   Classified Employee Compensation

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                               
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 10:34

412.3 - Classified Employee Group Insurance Benefits

412.3 - Classified Employee Group Insurance Benefits

Classified employees may be eligible for group benefits as determined by the board and required by law. The board will select the group benefit program(s) and the insurance company or third party administrator which will provide or administer the program.

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer classified employees, who expected to work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, with minimum essential coverage that is both affordable and provides minimum value. The board will utilize the applicable measurement period to determine whether variable hourly employees qualify for an offer of insurance coverage under the district’s group health plan. The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees.

Classified employees, who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan. Classified employees who work 30 hours per week are eligible to participate all group insurance plans. Employers should maintain documents regarding eligible employees’ acceptance and rejection of coverage.

Regular part-time classified employees (i.e., employees who work less than 30 hours per week or 130 hours per month for health benefit purposes or employees who work less than 30 hours per week for benefits other than health) who wish to purchase coverage may participate in group benefit programs by meeting the requirements of the applicable plan. Full-time and regular part-time classified employees who wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.

Classified employees and their spouse and dependents may be allowed to continue coverage of the school district's group health insurance program if they cease employment with the school district by meeting the requirements of the insurer.

 

Legal Reference: Iowa Code §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B.
  
                                    Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014).

Cross Reference: 411.1   Classified Employee Defined

Initially Approved   03-12-2001                        Last Reviewed  09-22-2021                               Last Revision  09-22-2021

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:07

412.4 - Classified Employee Tax Shelter Programs

412.4 - Classified Employee Tax Shelter Programs

Employees may elect to have amounts withheld from their pay for items authorized by law, subject to agreement of the district. The board may authorize the administration to make a payroll deduction for classified employees' tax sheltered annuity premiums purchased from a company or program chosen by the board.

Classified employees wishing to have payroll deductions for tax sheltered annuities will make a written request to the superintendent.

 

 

Legal Reference: Small Business Job Protection Act of 1996, Section 1450(a), repealing portions of IRS REG § 1.403(b)-1(b)(3).
  
                                    Iowa Code §§ 260C; 273; 294.16.
  
                                    

Cross Reference: 706      Payroll Procedures

Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                               
Last Revision 10-10-18

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:22

413 - Classified Employee Termination of Employment

413 - Classified Employee Termination of Employment dawn@iowaschoo… Fri, 09/04/2020 - 10:32

413.1 - Classified Employee Resignation

413.1 - Classified Employee Resignation

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 thirty 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; 279.19A; 285.5(9).

Cross Reference: 411.3   Classified Employee Contracts
  
                                    413      Classified Employee Termination of Employment

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              

Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:02

413.2 - Classified Employee Retirement

413.2 - Classified Employee Retirement

Classified employees who will complete their current contract with the board may apply for retirement.  No classified employee will be required to retire at any specific age.

Application for retirement will be considered made when the classified employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board if applicable, the employee's intent to retire.  The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent. 

Board action to approve a classified employee's application for retirement is final, and such action constitutes termination of the employee's contract effective the day of the employee's retirement.

Classified employees and their spouse and dependents who have group insurance coverage through the school district may be allowed to continue coverage of the school district's group health insurance program, at their own expense, by meeting the requirements of the insurer.

 

 

Legal Reference: 29 U.S.C. §§ 621 et seq.
  
                                    Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46.
  
                                    

Cross Reference: 412      Classified Employee Compensation and Benefits
  
                                    413      Classified Employee Termination of Employment

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 10:33

413.3 - Classified Employee Suspension

413.3 - Classified Employee Suspension

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, 402 N.W.2d 765 (Iowa 1987).
  
                                    McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).
  
                                    Iowa Code §§ 20.7, .24.

Cross Reference: 404      Employee Conduct and Appearance
  
                                    413      Classified Employee Termination of Employment

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                               
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:05

413.4 - Classified Employee Dismissal

413.4 - Classified Employee Dismissal

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.

Cross Reference: 404      Employee Conduct and Appearance
  
                                    413.3   Classified Employee Suspension
  
                                    413.5   Classified Employee Reduction in Force

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:03

413.5 - Classified Employee Reduction in Force

413.5 - 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 making the recommendations.

 

 

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

Cross Reference: 407.5   Licensed Employee Reduction in Force
  
                                    413.3   Classified Employee Suspension
  
                                    413.4   Classified Employee Dismissal
  
                                    703      Budget

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 11:00

413.6 - Voluntary Early Retirement Policy Classified

413.6 - Voluntary Early Retirement Policy Classified

1.             PURPOSE

It is the expressed intent of the Board, through this policy, to acknowledge full time classified and administrative employees who have provided years of service to the School District by offering them a voluntary early retirement incentive subject to the terms and conditions set out in this Policy. 

2.             STATEMENT OF NON-DISCRIMINATION

The School District will not discriminate against any employee on the basis of age, gender, race, color, creed, religion, national origin, or disability through the application or administration of this policy.

3.             ELIGIBILITY

A regular, full-time classified employee is eligible for early retirement if the employee:

     a. has reached at least the age of 55 by January 1 of current school year,

     b. has continuously worked a minimum of the most previous ten years of service at the School District and is actively employed on a full-time basis as a classified or
         administrative employee during the last school year prior to early retirement,

     c. notifies the board as provided by this Policy, not later than 4:00 pm on December 23rd, 

     d. retires effective not later than the end of the current contract year,

     e. is not eligible for, applying for, or receiving benefits under a leave of absence or other District plan,

     f. has not received a notice as of December 23rd concerning termination of the employee’s contract, unless the notice is based upon reasons which are related to staff reduction,
        and

     g. has not previously received early retirement benefits from the School District.

4.             DEFINITION OF TERMS

     a. Years of service - Years of service must be consecutive and most recent.

     b. Continuously Worked - Continuous employment must be without any voluntary interruptions of service.  Interruptions due to reductions in force or due to approved leaves of
         absence will not constitute a voluntary interruption in service, unless the interruption or leave exceeds twenty-four (24) consecutive months in length.  However, the period
         of time during which an employee is absent due to a reduction in force or due to an approved leave will not be counted for purposes of determining the minimum years of
         service required to establish eligibility.

     c. Regular full-time classified or administrative employee - A regular full-time classified or administrative employee is an employee who works a minimum of four hours per
         workday for 180 workdays or more each school year.

     d. “Actively employed” – means the employee has been at work and performing assigned duties for at least 80 percent of the workdays over the previous 12 months.

5.             APPLICATION

     a.  Under ordinary circumstances, applications must be received by the Superintendent not later than 4:00 pm on December 23rd in the year in which retirement is to take effect.

     b. The date of retirement for eligible employees will ordinarily be the end of the individual’s contract year.  However, another date may be requested and approved by the
         Board.

     c. Application materials must include the following forms:

          1. Request for Retirement and Resignation of all current district contracts

          2. Designation of Beneficiary Form

          3. Release of Claims Form

          4. Agreement Not to Reapply for Employment.  (However, this agreement does not prohibit the School District from offering employment to the employee in the future.)

     d. An employee’s application for early retirement benefits is not, in itself, a resignation nor does it require the Board to accept the application.  However, acceptance by the
         Board of an employee’s application for early retirement will be considered a voluntary resignation and termination of the employee’s contract of employment.  If the Board
         does not accept the employee’s application, the employee’s contract will continue in effect.

6.             BOARD’S RIGHT TO LIMIT OR DENY BENEFITS

      a. The Board reserves the right to determine whether any early retirement benefits will be paid in a given year, and, if so, to determine how many employees will be granted
           benefits.  The Board expressly reserves the right to reject any application for early retirement benefits.

      b.  If the Board decides that only a limited number of employees will be granted early retirement benefits in a given year, the Board will then determine the maximum number
           of employees who may receive benefit.   Recipients will be selected on years of service.  If there is a tie between or among employees using the seniority rule, the tie will
           be broken by a random process.

      c.  Each year this policy is in effect, the Board will make a determination regarding the payment of early retirement benefits and announce its decision to employees.

7.             EARLY RETIREMENT BENEFIT

     a. Early retirement benefits are offered as an inducement to, and consequence of retirement and are not to be construed as a continuation of salary.

     b. Payment of this benefit, in one lump sum, shall be made in September of the year in which the retirement begins.

     c. In the event of the death of the early retiree, any remaining or unpaid benefit will be paid to the beneficiary designated by the retiree or, if no beneficiary is designated, to the
         retiree’s estate.

     d. Payment is subject to applicable taxes such as withholding for federal and state income taxes, social security etc.  Employees will not be paid interest on any funds held
         by the District.

 

8.             CONTINUATION OF INSURANCE

Employees retiring under the early retirement program are eligible to continue participation in the school district’s group insurance plan at the employee’s own expense until the employee reaches sixty five years of age.  Employees must meet the requirements of the insurer and must pay the monthly premium amount in full to the board secretary prior to the due date for the school district’s premium payment to the insurer. 

 

9.             RIGHT TO AMEND OR REVOKE

The Board reserves the right to amend or revoke this Early Retirement Policy or any provision of this policy at any time, with or without notice.

The Board also reserves the right to waive any requirement or condition of this policy at its discretion and at any time.  Any decision by the Board to waive a requirement or condition which is a part of this policy shall not establish any precedent with regard to future requests for a waiver.

 

 

Initially Approved   03-08-1999                 
Last Reviewed 12-09-2020         
Last Revision 12-09-2020

 

dawn@iowaschoo… Fri, 09/04/2020 - 10:47

413.6E1 - Resignation and Request for Early Retirement

413.6E1 - Resignation and Request for Early Retirement

I, _____________________________________, born on _______________________________, hereby submit my resignation to the Board of Directors of the Clarinda Community School District and elect the early retirement benefits available to employees in the Clarinda Community School District.  This resignation is subject to the acceptance of my application for early retirement benefits.

I commenced my most recent continuous service in the Clarinda Community School District on

________________________.

 

Print Full Name __________________________________________________

 

Signed _________________________________________________________ Date ______________________

 

 

 

The resignation and request for early retirement was accepted by the Board of Directors on the ___________ day of

 _________________, 20___, by action as noted in the minutes of the Board.

 

_______________________________________________
Secretary of Board of Directors
Clarinda Community School District

 

dawn@iowaschoo… Fri, 09/04/2020 - 10:55

413.6E2 - Release

413.6E2 - Release

Clarinda Community School District (the School District) and _____________________________ agree as follows:

1.  In consideration of the benefits to be provided in accordance with the Early Retirement Policy,

_____________________________ agrees to immediately sign and submit a letter of resignation to be effective on

___________, 20___.

2.  _______________________ is advised that he/she has the right to consult with an attorney and tax advisor prior to signing this Agreement.

3.  _________________________________ acknowledges that he/she received a copy of this Agreement on

 _________________________, 20___, and that he/she was given at least fourteen (14) days to consider this Agreement.

4.  Following the date of the signing of this Agreement, ________________________________ shall have seven (7) days to revoke the Agreement, and this Agreement shall not be effective until this seven (7) day period has expired.

5.  ________________________________________ hereby releases and discharges the School District, the Board of Directors of the School District, and any and all officers, employees, representatives or agents of the School District from any and all liability whatsoever including all claims, demands, or causes of action which he/she has or may ever claim to have by reason of his/her employment with the School District and the termination of his/her employment relationship with the School District, and _______________________________________ specifically waives any rights or claims which he/she may have or ever claim to have arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. Sec 621, et seq.), excluding any claims which may arise after the date of the signing of this Agreement.

6.  ______________________________________________ acknowledges that this Agreement is entered into freely and voluntarily and solely in reliance upon his/her own knowledge, belief and judgment and not upon representations made by the School District or others on its behalf.

 

 

By:___________________________________                           _______________________________________
        Clarinda Community School District                                                          Employee

 

Date:__________________________________                          Date:___________________________________

 

dawn@iowaschoo… Fri, 09/04/2020 - 10:57

413.6E3 - Designation of Beneficiary

413.6E3 - Designation of Beneficiary

If the Board approves my application for early retirement benefits and I die before I receive the Benefit, I direct the Board to pay the Benefit to:

 

 

___________________________________________
  Name of Beneficiary

___________________________________________
  Street Address

___________________________________________
  City, State, Zip

___________________________________________
  Telephone

 

 

 

 

Print Full Name _________________________________________________

 

Signed:  _____________________________________________     Date __________________________

 

dawn@iowaschoo… Fri, 09/04/2020 - 10:58

413.6E4 - Agreement Not to Seek Re-Employment

413.6E4 - Agreement Not to Seek Re-Employment

In consideration of the benefits that will be provided to be by Clarinda Community School District through its Voluntary Early Retirement Policy, I hereby agree not to apply for or seek full-time employment with Clarinda Community School District at any time in the future.

 

 

Print Full Name ________________________________________________

 

Signed ___________________________________ Date _________________

 

Witness___________________________________Date__________________

 

dawn@iowaschoo… Fri, 09/04/2020 - 10:59

414 - Classified Employee Vacations and Leaves of Absence

414 - Classified Employee Vacations and Leaves of Absence dawn@iowaschoo… Fri, 09/04/2020 - 09:31

414 - Classified Employee Professional Purposes Leave

414 - Classified Employee Professional Purposes Leave

Professional purposes leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments.  Application for the leave must be presented to the superintendent 10 days prior to the professional learning experience.

It is within the discretion of the superintendent to grant professional purposes leave.  The leave may be denied on the day before or after a vacation or holiday, on special days when services are needed, when it would cause undue interruption of the education program and school district operations, or for other reasons deemed relevant by the superintendent.

 

 

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

 

Cross Reference:   411      Classified Employees - General
  
                                      408.1    Classified Employee Professional Development

 

 

Initially Approved    02-15-2021                     
Last Reviewed  02-15-2021                       
Last Revision                              

nmckinnon@clar… Tue, 02/16/2021 - 13:25

414.1 - Classified Employee Vacations - Holidays - Personal Leave

414.1 - Classified Employee Vacations - Holidays - Personal Leave

The board will determine the amount of vacation, holidays and personal leave that will be allowed on an annual basis for classified employees.

Classified employees who work twelve months a year will be allowed seven paid holidays.  The seven holidays are New Year's Day, Good Friday, Memorial Day, July 4, Labor Day, Thanksgiving Day, and Christmas Day.  Classified employees, whether full-time or part-time, will have time off in concert with the school calendar.

Classified employees will be paid only for the hours they would have been scheduled for the day.  Vacation will not be accrued from year to year without a prior arrangement with the superintendent.

It is the responsibility of the superintendent to make a recommendation to the board annually on vacation and personal leave for classified employees.

 

 

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

Cross Reference: 409.1   Licensed Employee Vacations - Holidays - Personal Leave
  
                                    601.1   School Calendar

Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                               
Last Revision    10-10-18     

 

dawn@iowaschoo… Fri, 09/04/2020 - 10:29

414.2 - Classified Employee Personal Illness Leave

414.2 - Classified Employee Personal Illness Leave

Classified employees will be annually granted fifteen (15) days of leave with full pay for absences due to personal illness or injury.  "Day" is defined as one work day regardless of full-time or part-time status of the employee.  Employees shall be credited with the leave on the first day of reporting to work for the new contract year.  Unused portions of sick leave shall accumulate up to one hundred five (105) days at the beginning of the contract period.  At that point, the fifteen (15) days for the current year will be added to the accumulated amount for a total available amount of up to one hundred twenty (120) days of which only one hundred five (105) days will be available to carry over into the next year.

Should the personal illness occur after or extend beyond the accumulated sick leave, the employee may apply for disability benefits under the group insurance plan.  If the employee does not qualify for disability benefits, the employee may request a leave of absence without pay.

Evidence may be required regarding the mental or physical health of the employee including, but not limited to, confirmation of the following:  the employee's illness, the need for the illness leave, the employee's ability to return to work, and the employee's capability to perform the duties of the employee's position.  It is within the discretion of the board and the superintendent to determine the type and amount of evidence necessary.  When an illness leave will be greater than three consecutive days, the employee will comply with board policy regarding family and medical leave.

If an employee is eligible to receive workers' compensation benefits, the employee will contact the board secretary to implement these benefits.

 

 

Legal Reference: Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
  
                                    29 U.S.C. §§ 2601 et seq. (2012)
  
                                    29 C.F.R. Pt. 825 (2012).
  
                                    Iowa  Code §§ 20; 85.33, .34, .38(3); 279.40 (2013).
  
                                    1980 Op. Att'y Gen. 605.
  
                                    1972 Op. Att'y Gen. 177, 353.
  
                                    1952 Op. Att'y Gen. 91.

Cross Reference: 403.2   Employee Injury on the Job
  
                                    414.3   Classified Employee Family and Medical Leave
  
                                    414.8   Classified Employee Unpaid Leave

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 10:30

414.3 - Classified Employee Family and Medical Leave

414.3 - 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 July 1 to June 30.  Requests for family and medical leave will be made to the superintendent. 

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

 

Links:  WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (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).
  
                                    29 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.
  
                                    1952 Op. Att'y Gen. 91.

Cross Reference: 409.2   Licensed Employee Personal Illness Leave
  
                                    409.3   Licensed Employee Family and Medical Leave
  
                                    409.8   Licensed Employee Unpaid Leave

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision 01-18-2010

 

dawn@iowaschoo… Fri, 09/04/2020 - 09:47

414.3E1 - Employee Rights and Responsibilities Under the Family and Medical Leave Act

414.3E1 - Employee Rights and Responsibilities Under the Family and Medical Leave Act

See attached form

dawn@iowaschoo… Fri, 09/04/2020 - 10:00
File Attachments

414.3E2 - Classified Employee Family and Medical Leave Request Form

414.3E2 - Classified Employee Family and Medical Leave Request Form

Date:                                     

I,                                                                                      ,request family and medical leave for the following reason: 

(check all that apply)

                            for the birth of my child;

                            for the placement of a child for adoption or foster care;

                            to care for my child who has a serious health condition;

                            to care for my parent who has a serious health condition;

                            to care for my spouse who has a serious health condition; or

                            because I am seriously ill and unable to perform the essential functions of my position.

         _______     because of a qualifying exigency arising out of the fact that my ___spouse; ___ son or daughter; ___parent is on active duty or call to active duty status in
                            support of a contingency operation as a member of the National Guard or Reserves.

         _______     because I am the ___ spouse; ___ son or daughter; ___ parent; ___next of kin of a covered service member with a serious injury or illness.

I acknowledge my obligation to provide medical certification of my serious health condition or that of a family member in order to be eligible for family and medical leave within 15 days of the request for certification. 

I acknowledge receipt of information regarding my obligations under the family and medical leave policy of the school district.

I request that my family and medical leave begin on                                      and I request leave as follows: (check one)

                            continuous

                           I anticipate that I will be able to return to work on                                                                   .

                            intermittent leave for the:

                                        birth of my child or adoption or foster care placement subject to agreement by the district;

                                        serious health condition of myself, parent, or child when medically necessary;

                           ______ because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___parent is on active duty or call to active duty status
                                        in support of a contingency operation as a member of the National Guard or Reserves.

                           ______ because I am the ___ spouse; ___ son or daughter; ___ parent; ___next of kin of a covered service member with a serious injury or illness.

 

                            Details of the needed intermittent leave:
                           ____________________________________________________________________________
                           ____________________________________________________________________________
                           ____________________________________________________________________________

                           I anticipate returning to work at my regular schedule on                                                        .

                         reduced work schedule for the:

                                                   birth of my child or adoption or foster care placement subject to agreement by the district;

                                                   serious health condition of myself, parent, or child when medically necessary;

                                                  because of a qualifying exigency arising out of the fact that my ___spouse; ___ son or daughter; ___parent is on active duty or call to active duty
                                                  status in support of a contingency operation as a member of the National Guard or Reserves.

                                                  because I am the ___ spouse; ___ son or daughter; ___ parent; ___next of kin of a covered service member with a serious injury or illness.

 

                            Details of the needed reduction in work schedule as follows:
                           ____________________________________________________________________________
                           ____________________________________________________________________________
                           ____________________________________________________________________________

 

                        I anticipate returning to work at my regular schedule on                                  .

 

I realize I may be moved to an alternative position during the period of the family and medical intermittent or reduced work schedule leave.  I also realize that with foreseeable intermittent or reduced work schedule leave, subject to the requirements of my health care provider, I may be required to schedule the leave to minimize interruptions to school district operations.

While on family and medical leave, I agree to pay my regular contributions to employer sponsored benefit plans.  My contributions will be deducted from moneys owed me during the leave period.  If no monies are owed me, I will reimburse the school district by personal check or cash for my contributions.  I understand that I may be dropped from the employer-sponsored benefit plans for failure to pay my contribution. 

I agree to reimburse the school district for any payment of my contributions with deductions from future monies owed to me or the school district may seek reimbursement of payments of my contributions in court. 

 

I acknowledge that the above information is true to the best of my knowledge.

 

Signed     ________________________________________________________________

Date         ________________________________________________________________

If the employee requesting leave is unable to meet the above criteria, the employee is not eligible for family and medical leave. 

 

dawn@iowaschoo… Fri, 09/04/2020 - 10:22

414.3R1 - Classified Employee Family and Medical Leave Regulation

414.3R1 - Classified Employee Family and Medical Leave Regulation

A.  School district notice.

  1. The school district will post the notice in Exhibit 414.3E1 regarding family and medical leave.
     
  2. Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually.  The information will be in each building office.
     
  3. When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements.  Such information will include:

    a.     a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement or 26 week entitlement depending on the purpose of the leave;

    b.     a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so or proof of call to active duty in the case of military family and medical leave;

    c.     an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and

    d.     a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.

 

B.  Eligible employees. 

           Employees are eligible for family and medical leave if three criteria are met.

  1. The school district has more than 50 employees on the payroll at the time leave is requested;
     
  2. The employee has worked for the school district for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and,
     
  3. The employee has worked at least 1,250 hours within the previous year.  Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.

            If the employee requesting leave is unable to meet the above criteria, the employee is not eligible for family and medical leave.       

        

C.  Employee requesting leave -- two types of leave.

  1. Foreseeable family and medical leave.
    a.  Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.

    b.  Employee must give at least thirty days notice for foreseeable leave.  Failure to give the notice may result in the leave beginning thirty days after notice was received.  For those taking leave due to military family and medical leave, notice should be given as soon as possible.

    c.  Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district.  The scheduling is subject to the approval of the health care provider.     
     

  2. Unforeseeable family and medical leave.

    a.  Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.

    b.  Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.

    c.  A spouse or family member may give the notice if the employee is unable to personally give notice.

 

D.  Eligible family and medical leave determination.  The school district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.

  1. Six purposes.

    a.  The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;

    b.  The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;

    c.  To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition; or

    d.  Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.

    e.  because of a qualifying exigency arising out of the fact that an employee’s ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.

    f.  because the employee is the spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
     

  2. Medical certification. 

    a.  When required:
         (1) Employees may be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the
               job.

         (2) Employees may be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee
               to take leave to care for the family member.

         (3) Employees may be required to present certification of the call to active duty when taking military family and medical leave.

    b.  Employee's medical certification responsibilities:
         (1) The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.
         (2) The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the
               school district has reason to doubt the validity of the certification an employee submits.  The second health care provider cannot, however, be employed by the
               school district on a regular basis.

         (3) If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the
              serious health condition.  This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district. 
              This certification or lack of certification is binding upon both the employee and the school district.

    c.  Medical certification will be required fifteen days after family and medical leave begins unless it is impracticable to do so.  The school district may request recertification every thirty days.  Recertification must be submitted within fifteen days of the school district's request.

    d.  Employees taking military caregiver family and medical leave to care for a family service member cannot be required to obtain a second opinion or to provide recertification.

Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification will be denied until such certification is provided.

 

E.  Entitlement.

  1. Employees are entitled to twelve weeks unpaid family and medical leave per year.   Employees taking military caregiver family and medical leave to care for a family service member are entitled to 26 weeks of unpaid family and medical leave but only in a single 12 month period.
     
  2. Year is defined as: 
    -  Fiscal year        
     
  3. If insufficient leave is available, the school district may:
    a.       Deny the leave if entitlement is exhausted
    b.       Award leave available

 

F.  Type of Leave Requested.

  1. Continuous - employee will not report to work for set number of days or weeks.
     
  2. Intermittent - employee requests family and medical leave for separate periods of time.
    a.       Intermittent leave is available for:
                             birth of my child or adoption or foster care placement subject to agreement by the district;
                             serious health condition of myself, parent, or child when medically necessary;
              ____       because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty
                             status in support of a contingency operation as a member of the National Guard or Reserves;

              ____       because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.

    b.       In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.

    c.        During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits.  (For
               instructional employees, see G below.)

     

  3. Reduced work schedule - employee requests a reduction in the employee's regular work schedule.

    a.       Reduced work schedule family and medical leave is available for:
                              birth of my child or adoption or foster care placement subject to agreement by the district;
                              serious health condition of myself, parent, or child when medically necessary;
              ­­­____        because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty
                              status in support of a contingency operation as a member of the National Guard or Reserves;

              ____        because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.

    b.       In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.

    c.        During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and
               benefits.  (For instructional employees, see G below.)

 

G.  Special Rules for Instructional Employees.

  1. Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting.  This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.
     
  2. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent of the work days in the leave period may be required to:

    a.       Take leave for the entire period or periods of the planned medical treatment; or,

    b.       Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.
     

  3. Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester.  The number of weeks remaining before the end of a semester does not include scheduled school breaks, such as summer, winter or spring break.

    a.       If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.

    b.       If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.

    c.        If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.
     

  4. The entire period of leave taken under the special rules is credited as family and medical leave.  The school district will continue to fulfill the school district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.

 

H.  Employee responsibilities while on family and medical leave.

  1. Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.
     
  2. The employee contribution payments will be deducted from any money owed to the employee or the employee will reimburse the school district at a time set by the superintendent.
     
  3. An employee who fails to make the health care contribution payments within thirty days after they are due will be notified that their coverage may be canceled if payment is not received within an additional 15 days.
     
  4. An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request.   
     
  5. The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.
     
  6. If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return.  The school district will cease benefits upon receipt of this notification.

 

I.  Use of paid leave for family and medical leave.

An employee may substitute unpaid family and medical leave with appropriate paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement.  Paid leave includes, but is not limited to, sick leave, family illness leave, vacation, personal leave, bereavement leave and professional leave.  When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.

 

dawn@iowaschoo… Fri, 09/04/2020 - 10:02

414.3R2 - Classified Employee Family and Medical Leave Definitions

414.3R2 - Classified Employee Family and Medical Leave Definitions

Active Duty - duty under a call or order to active duty under a provision of law referring to in section 101(a)(13) of title 10, U.S. Code.

Common Law Marriage - according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife.  There is no time factor that needs to be met in order for there to be a common law marriage.

Contingency Operation - has the same meaning given such term in section 101(a)(13) of title 10, U.S. Code.

Continuing Treatment - a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

  • A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
    --      treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or
    --      treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a the health care provider.
  • Any period of incapacity due to pregnancy or for prenatal care.
  • Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
    --      requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
    --      Continues over an extended period of time (including recurring episodes of a single underlying condition); and
    --      May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
  • Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.
  • Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

Covered Servicemember - a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

Eligible Employee - the district has more than 50 employees on the payroll at the time leave is requested.  The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.

Essential Functions of the Job - those functions which are fundamental to the performance of the job.  It does not include marginal functions.

Employment Benefits - all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."

Family Member - individuals who meet the definition of son, daughter, spouse or parent.

Group Health Plan - any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.

Health Care Provider-

  • A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
  • Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and
  • Nurse practitioners and nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and
  • Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts;
  • Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;
  • A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.

In Loco Parentis - individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.

Incapable of Self-Care - that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or "ADLs."  Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

Instructional Employee - an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired.  The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.

Intermittent Leave - leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.

Medically Necessary - certification for medical necessity is the same as certification for serious health condition.

"Needed to Care For" - the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care.  For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment.  It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.

Next of Kin - an individual's nearest blood relative

Outpatient Status - the status of a member of the Armed Forces assigned to –

  • either a military medical treatment facility as an outpatient; or
  • a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

Parent - a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child.  Parent does not include parent-in-law.

Physical or Mental Disability - a physical or mental impairment that substantially limits one or more of the major life activities of an individual.

Reduced Leave Schedule - a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

Serious Health Condition -

  • An illness, injury, impairment, or physical or mental condition that involves:
  • Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
  • Continuing treatment by a health care provider.  A serious health condition involving continuing treatment by a health care provider includes:
    • A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
      • ​​​​​​​Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or
      • Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
    • Any period of incapacity due to pregnancy or for prenatal care.
    • Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:
      • ​​​​​​​Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
      • Continues over an extended period of time (including recurring episodes of s single underlying condition); and
      • May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
      • A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer's a severe stroke or the terminal stages of a disease.
      • Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
  • Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
  • Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met.  Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
  • Substance abuse may be a serious health condition if the conditions of this section are met.  However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider.  On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.
  • Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days.  For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level.  An employee who is pregnant may be unable to report to work because of severe morning sickness.

Serious Injury or Illness - an injury or illness incurred by a member of the Armed forces, including the National Guard or Reserves in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.

Son or daughter - a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis.  The child must be under age 18 or, if over 18, incapable of self-care because of a mental or physical disability.

​​​​​​​Spouse - a husband or wife recognized by Iowa law including common law marriages.

 

dawn@iowaschoo… Fri, 09/04/2020 - 09:49

414.4 - Classified Employee Bereavement Leave

414.4 - Classified Employee Bereavement Leave

Employees will receive a leave of absence with full pay for funerals they feel they should attend.  Attendance at funerals will be deducted from the employee’s family emergency or personal leave.

It is within the discretion of the superintendent to determine the number of bereavement leave days to be granted.

 

 

Legal Reference: Iowa Code §§ 20; 279.8.

Cross Reference: 414      Classified Employee Vacations and Leaves of Absence

Initially Approved   03-12-2001                       
Last Reviewed   10-10-18                               
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 10:20

414.5 - Classified Employee Political Leave

414.5 - Classified Employee Political Leave

The board will provide a leave of absence to classified employees to run for elective public office.  The superintendent will grant a classified employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The classified employee will be entitled to one period of leave to run for the elective public office, and the leave may commence any time within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the superintendent at least thirty days prior to the starting date of the requested leave.

 

 

Legal Reference: Iowa Code ch.55 (2013).

Cross Reference: 401.9   Employee Political Activity
  
                                    414      Classified Employee Vacations and Leaves of Absence

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 09:40

414.6 - Classified Employee Jury Duty Leave

414.6 - Classified Employee Jury Duty Leave

The board will allow classified employees to be excused for jury duty unless extraordinary circumstances exist.  The superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours. 

Classified employees will receive their regular salary.  Any payment for jury duty is turned over to the school district.

 

 

Legal Reference: Iowa Code §§ 20.9; 607A (2013).

Cross Reference: 414      Classified Employee Vacations and Leaves of Absence

Initially Approved   03-12-2001                        Last Reviewed   05-09-2016                               Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 09:39

414.7 - Classified Employee Military Service Leave

414.7 - Classified Employee Military Service Leave

The board recognizes classified employees may be called to participate in the armed forces, including the national guard.  If a classified employee is called to serve in the armed forces, the employee will have a leave of absence for military service until the military service is completed.

The leave is without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

 

 

Legal Reference: Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
                                      Iowa Code §§ 20; 29A.28 (2013).

Cross Reference: 414      Classified Employee Vacations and Leaves of Absence

Initially Approved   03-12-2001                        
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 09:38

414.8 - Classified Employee Unpaid Leave

414.8 - Classified Employee Unpaid Leave

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies.  Unpaid leave for classified employees must be authorized by the superintendent.  Whenever possible, classified employees will make a written request for unpaid leave ten days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary are made unless they are waived specifically by the superintendent.

The superintendent will have complete discretion to grant or deny the requested unpaid leave.  In making this determination, the superintendent will consider the effect of the employee's absence on the education program and school district operations, the financial condition of the school district, length of service, previous record of absence, the reason for the requested absence and other factors the superintendent believes are relevant in making this determination.

If unpaid leave is granted, the duration of the leave period is coordinated with the scheduling of the education program whenever possible, to minimize the disruption of the education program and school district operations.

 

 

Legal Reference: Iowa Code §§ 20.9; 279.8 (2013).

Cross Reference: 414      Classified Employee Vacations and Leaves of Absence

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 09:36

414.9 - Classified Employee Professional Purposes Leave

414.9 - Classified Employee Professional Purposes Leave

Professional purposes leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments.  Application for the leave must be presented to the superintendent prior to the meeting or conference.

It is within the discretion of the superintendent to grant professional purposes leave.  The leave may be denied on the day before or after a vacation or holiday, on special days when services are needed, when it would cause undue interruption of the education program and school district operations, or for other reasons deemed relevant by the superintendent.

 

 

Legal Reference: Iowa Code § 279.8 (2013).
  
                                    281 I.A.C. 12.7.

Cross Reference: 411      Classified Employees - General
  
                                    408.1   Classified Employee Professional Development

Initially Approved   03-12-2001                       
Last Reviewed   05-09-2016                              
Last Revision                              

 

dawn@iowaschoo… Fri, 09/04/2020 - 09:34

414.10 - Classified Employee Family Emergency Leave

414.10 - Classified Employee Family Emergency Leave

The board realizes an emergency may arise which would necessitate a classified employee’s absence from work which is not covered by another form of leave of absence.  Such leave shall be called family emergency leave. 

Classified employees shall be granted up to five days leave of absence with full pay each year for the legal adoption of a child, illness or death in the immediate family (spouse, children, mother, father) or in special cases when the employee feels the immediate family might include others.  This leave may accumulate up to ten (10) days. 

The superintendent shall have the discretion to grant emergency leave.

 

 

Legal Reference: Iowa Code §§ 20.9; 279.8 (2013).

Cross Reference: 414      Classified Employee Vacations and Leaves of Absence

Initially Approved   03-12-2001           Last Reviewed    05-09-2016              Last Revision __________________

 

dawn@iowaschoo… Fri, 09/04/2020 - 09:32

500 - STUDENT POLICIES

500 - STUDENT POLICIES Jen@iowaschool… Mon, 08/24/2020 - 08:45

500 - Objectives for Equal Educational Opportunities for Students

500 - Objectives for Equal Educational Opportunities for Students

This series of the board policy manual is devoted to the board's goals and objectives for assisting the students of the school district in obtaining an education.  Each student will have an opportunity to obtain an education in compliance with the policies in this series.

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

The board supports the delivery of the education program and services to students free of discrimination on the basis of race, color, sex, marital status, national origin, creed, religion, sexual orientation, gender identity, and disability.  This concept of equal educational opportunity serves as a guide for the board and employees in making decisions relating to school district facilities, employment, selection of educational materials, equipment, curriculum, and regulations affecting students.

In the delivery of the education program, students will treat the employees with respect and students will receive the same in return.  Employees have the best interests of the students in mind and will assist them in school-related or personal matters if they are able to do so.  Students should feel free to discuss problems, whether school-related or personal, with the guidance counselor or other employees.

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

Board policy refers to the term "parents" in many of the policies.  The term parents for purposes of this policy manual means the legal parents, the legal guardian or custodian of a student, and students who have reached the age of majority or are otherwise considered an adult by law.

Inquiries by students regarding compliance with equal educational opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, are directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Clarinda Community School District, Clarinda, Iowa 51632; or by telephoning (712) 542-5165.  The Affirmative Action Coordinator in the Clarinda Community School District is the High School Principal.

Inquiries by students regarding compliance with equal educational opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights, U.S. Department of Education, Citigroup Center, 500 W. Madison St., Ste. 1475, Chicago, IL, (312) 730-1560, http://www.state.ia.us/government/crc/index.html or Iowa Dept. of Education, Grimes State Office Bldg., Des Moines, IA. (515) 281-5294.  This inquiry or complaint to the federal or state office may be done instead of, or in addition to, an inquiry or complaint at the local level.

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.

 

 

Initially Approved 02-14-2000                      
Last Reviewed  01-27-2021                          
Last Revision  01-27-2021

 

dawn@iowaschoo… Sat, 09/12/2020 - 19:23

501 - Student Attendance

501 - Student Attendance dawn@iowaschoo… Fri, 09/11/2020 - 10:14

501.1 - Resident Students

501.1 - Resident Students

Children who are residents of the school district community will attend the school district without paying tuition.

The residence of a student means the place, abode, or dwelling of the student.  Generally, the legal dwelling of minors is the same as their parents.  A student may establish a dwelling with someone other than the parents and attend public school in the school district without paying tuition if the primary purpose for residing in the school district is not for the purpose of obtaining a free public education.  Further, students who have reached the age of majority and who are still eligible to attend an Iowa secondary school may declare their residence independent of the residence of the parents.

Each case involving the bona fide residence of a student will be decided upon its individual merits by the superintendent.

 

 

Legal Reference: Lakota Cons. Ind. School v. Buffalo Center-Rake Comm. School, 334 N.W.2d 704 (Iowa 1983).
  
                                    Mt. Hope School Dist. v. Hendrickson, 197 N.W. 47 (Iowa 1924).
  
                                    Oshel v. Creston Comm. School Dist., DPI Admin. Doc. 570 (1981).
  
                                    33 D.P.I. Dec. Rule 80 (1984).
  
                                    Iowa Code §§ 257.6; 282.2, .6, .7; 285.4 (2013).
  
                                    

Cross Reference:           100      Legal Status of the School District
  
                                    501      Student Attendance

Initially Approved 02-14-2000                    
Last Reviewed  01-27-2021            
Last Revision                        

 

dawn@iowaschoo… Fri, 09/11/2020 - 13:04

501.2 - Nonresident Students

501.2 - Nonresident Students

Students who are eligible to attend an Iowa public school but who are not legal residents of the school district may be admitted into the school district at the discretion of the superintendent upon application and payment of tuition.  The tuition rate is the current per-pupil cost of the school district as computed by the board secretary and as authorized by the Iowa Department of Education.

Resident students whose families move from the school district after the start of a semester and who wish to complete the semester in the school district may be permitted to attend without the payment of tuition at the discretion of the superintendent and approval of the board.  Students who plan to open enroll to the nonresident district may complete the school year without approval of the superintendent or board.  These students, other than students in grades eleven and twelve, must have the recommendation of the principal.

Students in grades eleven or twelve who are no longer residents of the school district, but were residents in the preceding school year, may continue to attend school until they graduate without the payment of tuition.  These students may be required to identify an adult, who resides in the school district, identified for purposes of administration.

Nonresident students who are eligible to attend an Iowa public school and who have evidence they will become legal residents of the school district prior to October 1 may be allowed to attend without the payment of tuition.

 

NOTE:  This policy reflects current Iowa law.  Iowa's open enrollment law has not eliminated the need for this policy.  This policy affects nonresident students who do not qualify for open enrollment.

 

 

Legal Reference: Lakota Cons. Ind. School v. Buffalo Center-Rake Comm. School, 334 N.W.2d 704 (Iowa 1983).
  
                                    Mt. Hope School Dist. v. Hendrickson, 197 N.W. 47 (Iowa 1924).
  
                                    Oshel v. Creston Comm. School Dist., DPI Admin. Doc. 570 (1981).
  
                                    Iowa Code §§ 257.6; 282.1, .2, .6, .7, .24 (2013).

Cross Reference: 501      Student Attendance

Initially Approved 02-14-2000                    
Last Reviewed  01-27-2021             
Last Revision                        

 

dawn@iowaschoo… Sat, 09/12/2020 - 19:25

501.3 - Compulsory Attendance

501.3 - Compulsory Attendance

Parents within the school district who have children over age six and under age sixteen by September 15, in proper physical and mental condition to attend school, will have the children attend the school district at the attendance center designated by the board.  Students will attend school the number of days school is in session in accordance with the school calendar.  Students of compulsory attendance age will attend school a minimum of 1080 hours.  Students not attending the minimum days must be exempted by this policy as listed below or, referred to the county attorney.  Exceptions to this policy include children who:

  • have completed the requirements for graduation in an accredited school or have obtained a high school equivalency diploma;
  • are attending religious services or receiving religious instruction;
  • are attending an approved or probationally approved private college preparatory school;
  • are attending an accredited nonpublic school;
  • are receiving independent private instruction; or,
  • are receiving competent private instruction.

It is the responsibility of the parent of a child to provide evidence of the child's mental and physical inability to attend school or of the child's qualifications for one of the exceptions listed above.

The principal will investigate the cause for a student's truancy.  If the principal is unable to secure the truant student's attendance, the principal should discuss the next step with the school board.  If after school board action, the student is still truant, principal will refer the matter over to the county attorney.  

The school will participate in mediation if requested by the county attorney.  The superintendent will represent the school district in mediation.  The school district will monitor the student's compliance with the mediation agreement and will report violations of the mediation agreement to the county attorney.

Note:  The compulsory attendance law does not require school districts to have a truancy officer.

 

 

Legal Reference: Iowa Code §§ 259A; 279.10-.11; ch. 299; 299A.
  
                                    

 

Cross Reference: 501      Student Attendance
  
                                    601.1   School Calendar
  
                                    604.1   Competent Private Instruction

Initially Approved 02-14-2000                     
Last Reviewed  01-27-2021            
Last Revision 01-27-2021

 

dawn@iowaschoo… Sat, 09/12/2020 - 19:26

501.3R1 - Attendance Cooperation Process

501.3R1 - Attendance Cooperation Process

When it is determined that a student in grades K-6 is in violation of the school district attendance policy and procedures, the principal will check with the Department of Human Services records to determine whether the student’s family is receiving Family Investment Program (FIP) benefits.  If the student’s family is receiving FIP benefits, the principal will notify DHS.  DHS is responsible for the Attendance Cooperation Process.

If the student’s family is not receiving FIP benefits, the principal will initiate the Attendance Cooperation Process.  The parents will be contacted to participate.  The principal may also invite juvenile court officers, the county attorney, other school officials and others deemed appropriate.  If others are invited who don’t have access to the student’s records either by law or a Juvenile Justice Agency Information Sharing Agreement, parental consent is needed for them to participate in the Attendance Cooperation Process.

The purpose of the Attendance Cooperation Process is to determine the cause of the student’s nonattendance, get parties to agree to solutions addressing the nonattendance and initiate referrals to any other services that may be necessary.  The agreement is then written.  The agreement is to include all terms agreed to and future responsibilities of all parties.  All parties must sign the agreement and failure to sign by the parents is considered a violation of the process and initiates the next level.

If the parents do not participate in the Attendance Cooperation Process, if the parties do not enter into an Attendance Cooperation Agreement or if the parents violate a term of the agreement, the student is deemed truant.  For Family Investment Program students and non-Family Investment Program students, the school district notifies the county attorney when students are truant.  When a student is deemed truant, for Family Investment Program students, DHS is again notified and DHS then initiates the process whereby Family Investment Program benefits are reduced.

 

dawn@iowaschoo… Sat, 09/12/2020 - 19:28

501.4 - Entrance - Admissions

501.4 - Entrance - Admissions

Children in the school district community will be allowed to enroll in the school district's regular education program beginning at age five.  The child must be age five on or prior to September 15 to participate in the school district's kindergarten program.  The child must be age six on or prior to September 15 to begin the first grade of the education program.

Before the student may enroll in the district's education program, the board will require evidence of age and residency in the form of a birth certificate or other evidence of age.  It is within the discretion of the superintendent to determine what is satisfactory evidence for proof of age.

Prior to enrollment, the child must provide the administration with their health and immunization certificate.  Failure to provide this information within the time period set by the superintendent is reason for suspension, expulsion or denying admission to the student.

 

 

Legal Reference: Iowa Code §§ 139A.8; 282.1, .3, .6.
  
                                    

Cross Reference: 501      Student Attendance
  
                                    507.1   Student Health and Immunization Certificates

Initially Approved 02-14-2000                    
Last Reviewed  01-27-2021             
Last Revision   01-27-2021   

 

dawn@iowaschoo… Sat, 09/12/2020 - 19:32

501.5 - Attendance Center Assignment

501.5 - Attendance Center Assignment

The board will have complete discretion to determine the boundaries for each attendance center, to assign students to the attendance centers.

Parents or guardians of siblings in the same grade level academically in grades kindergarten through grade five may request the siblings be placed in the same or different classrooms.  In order to be valid, the request must be made in writing and submitted to the school principal at the time of registration for classes, or within fourteen days after the children’s first day of attendance during the school year.  If a valid request is received by the school principal, the request must be honored.  While a parent or guardian may make a placement request that siblings be placed together or apart, the district administration retains complete discretion to select the classroom teacher(s) to which siblings are assigned.  If after the initial grading period following the placement of siblings in the same or different classrooms the school principal determines the placement is disruptive to the class; the principal may assign one or more of the siblings to different classrooms.

It is  the responsibility of the superintendent to make a recommendation to the board annually regarding the assigned attendance center for each student.  In making the recommendation, the superintendent will consider the geographical layout of the school district, the condition and location of the school district facilities, the location of student population, possible transportation difficulties, financial condition of the school district and other factors deemed relevant by the superintendent or the board.

 

Note: The requirement for the school principals to honor valid placement requests in paragraph two is a new legal requirement effective July 1, 2019

 

 

Legal Reference: Iowa Code §§ 279.11; 282.7-.8.

Cross Reference: 501      Student Attendance

Initially Approved 02-14-2000                    
Last Reviewed  
01-27-2021            
Last Revision
07/08/2020

 

dawn@iowaschoo… Sat, 09/12/2020 - 19:29

501.6 - Student Transfers In

501.6 - Student Transfers In

Students who transfer into the school district must meet the immunization and age requirements set out for students who initially enroll in the school district.

The school district will request the student's cumulative records from the previous school district.  If the student cannot offer proof of grade level, the superintendent will make the grade level determination.  The superintendent may require testing or other information to determine the grade level.  Students expelled or suspended from their previous school district will only be enrolled after approval of the board.

The superintendent, with assistance of guidance counselor and building principal, will determine the amount of credits to be transferred.  If the student has not previously attended an accredited school, it is within the superintendent's discretion to accept or reject credits or grades.

The board may deny admission if the student is not willing to provide the board with the necessary information.

 

NOTE:  School districts do not need parental permission to request student records from previous school districts.  The school district sending the records must notify the parents that the student's records have been sent.

 

 

Legal Reference: 20 U.S.C. § 1232g.
  
                                    Iowa Code §§ 139A.8; 282.1, .3, .4; 299A.

Cross Reference: 501      Student Attendance
  
                                    505.3   Student Honors and Awards
  
                                    507      Student Health and Well-Being
  
                                    604.1   Competent Private Instruction

Initially Approved 02-14-2000                    
Last Reviewed  01-27-2021              
Last Revision  01-27-2021

dawn@iowaschoo… Sat, 09/12/2020 - 19:33

501.7 - Student Transfers Out or Withdrawals

501.7 - Student Transfers Out or Withdrawals

If the student's parents wish to withdraw or transfer the student from school prior to completing and graduating from the education program, they should notify the superintendent in writing as soon as possible of the decision to withdraw or transfer the student from the education program.  The student or parent should present this written notice at the office and receive instructions regarding the return of textbooks, library books, locker equipment, hot lunch tickets, etc. 

The notice should state the student's final day of attendance.  If the student is not enrolling in another school district, the school district will maintain the student's records in the same manner as the records of students who have graduated from the school district.

If the parents wish to have the student's cumulative record sent to the new school district, the parents must notify the superintendent in writing.  This notice will include the name of the school district and the person at the new school district to whom the student's cumulative records should be sent.  If the new school district requests the student's cumulative records, the school district will forward the cumulative records and notify the parents the records have been sent.  The notice will inform the parents of their right to review the records sent.

If the student is of compulsory education age and not transferring to another public school district or an accredited nonpublic school, the parents will notify the superintendent that the student is receiving competent private instruction and file the necessary competent private instruction reports.

 

NOTE:  The third paragraph is a reflection of federal law regarding the forwarding of student records.

 

 

Legal Reference: 20 U.S.C. § 1232g.
  
                                    Iowa Code §§ 274.1; 299.1-.1A; 299A11.

Cross Reference: 501      Student Attendance
  
                                    506      Student Records
  
                                    604.1   Competent Private Instruction

Initially Approved 02-14-2000                    
Last Reviewed  01-27-2021             
Last Revision                        

 

dawn@iowaschoo… Sat, 09/12/2020 - 19:30

501.8 - Student Attendance Records

501.8 - Student Attendance Records

As part of the school district's records, the daily attendance of each student is recorded and maintained on file with the permanent records of the board secretary.

It is the responsibility of the principals to ensure that such reports are filed with the board secretary, the custodian of school records.

 

 

Legal Reference: Iowa Code §§ 294.4; 299.
  
                                    281 I.A.C. 12.3(4).

Cross Reference: 501      Student Attendance
  
                                    506      Student Records

Initially Approved 02-14-2000                    
Last Reviewed  01-27-2021             
Last Revision                        

 

dawn@iowaschoo… Sat, 09/12/2020 - 19:31

501.9 - Student Absences - Excused

501.9 - Student Absences - Excused

Regular attendance by students is essential for students to obtain the maximum opportunities from the education program.  Parents and students alike are encouraged to ensure an absence from school is a necessary absence.  Students will attend school unless excused by the principal of their attendance center.

Student absences approved by the principal are excused absences.  Excused absences will count as days in attendance for purposes of the truancy law.  These absences include, but are not limited to, illness, family emergencies, recognized religious observances, appointments that cannot be scheduled outside the school day and school-sponsored or approved activities.

The district believes that traditional, in-person school attendance leads to the greatest learning opportunities for students.  However, there may be rare and unusual circumstances created by public emergencies declared by state or local officials which temporarily prevent students from attending traditional, in-person school.  In these circumstances, the superintendent will have discretion to make reasonable accommodations for students, on a case-by-case basis, to attend school through remote learning opportunities within the available resources of the district and as permitted by law.  During approved remote learning, attendance will be taken, assessments may be administered, and grades will count towards students’ cumulative grade point average as if they were attending in person.  The provision of special education and accommodations for students who have individualized education programs (IEPs) or Section 504 plans will be determined by each respective IEP or Section 504 team.

Students whose absences are approved will make up the work missed and receive full credit for the missed school work.  It is the responsibility of the student to initiate a procedure with the student's teacher to complete the work missed.

Students who wish to participate in school-sponsored activities must attend school the full day the day of the activity unless permission has been given by the principal for the student to be absent.

It is the responsibility of the parent to notify the student's attendance center as soon as the parent knows the student will not be attending school on that day.  The principal may request evidence or written verification of the student's reason for absence.

It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

 

 

Legal Reference: 34 C.F.R. sec. 300
                                      28 C.F.R. Pt. 35
                                      Iowa Code §§ 294.4; 299.
                                      281 I.A.C. 12.3(4).

Cross Reference: 501      Student Attendance
  
                                    503      Student Discipline
  
                                    504      Student Activities
  
                                    506      Student Records

Initially Approved 02-14-2000                    
Last Reviewed  01-27-2021            
Last Revision    01-27-2021   

 

dawn@iowaschoo… Sat, 09/12/2020 - 19:34

501.9E1 - Request for Remote Learning Form

501.9E1 - Request for Remote Learning Form

Date:  ________________

Student Name:  ____________________________       Attendance Center:  ______________________

Parent/Guardian:  ___________________________

I, _________________________ (Parent/Guardian) am requesting accommodation for my child,__________________________(Student Name) to participate in remote learning opportunities for the duration of the declared public emergency, or until I have determined my child can safely return to traditional in-person learning at his/her designated attendance center, whichever occurs first. 

I have attached to this form documentation from an Iowa Board of Medicine-licensed medical professional confirming that remote learning is medically necessary due to the vulnerable health condition of my child or of a family member residing within the same home as my child.

I understand that the district will do their utmost to accommodate my child’s learning needs, but that some learning opportunities may need to be modified in a remote environment.  The provision of special education and accommodations for students who have individualized education programs (IEPs) or Section 504 plans will be determined by each respective IEP or Section 504 team.  

I understand that in order for my child to continue to participate in mandatory learning, his/her remote attendance will be taken, assessments administered, and grades will be counted toward my child’s cumulative grade average.  I understand that any devices, technology, or materials given to my child to facilitate remote learning are the property of the district and must be returned at the end of the remote learning period. 

 

I am requesting that remote learning opportunities begin on ______________ (date) and continue until [_____________(date) or the declared public emergency is dismissed].

 

(Parent/Guardian) ____________________________________

 

(Date) ________________

 

Request approved by: __________________________________  (School official)             _____________________

(Date) ________________

 

 

 

Note:  This form is to be utilized by parents/guardians of a student who, during the course of a declared public emergency, believe that further attendance by the student at traditional in person school would be detrimental to the health or safety of the student or the student’s family member residing with the student.  This form is not necessary when the school building is closed to traditional in person learning and remote learning opportunities are already available to students.  It is only to be utilized during a public emergency declared by state or local officials when traditional in person learning continues to be held. 

nmckinnon@clar… Fri, 01/29/2021 - 12:51

501.10 - Truancy - Unexcused Absences

501.10 - Truancy - Unexcused Absences

Regular attendance by the students at school is essential for students to obtain the maximum opportunities from the education program.  Parents and students alike are encouraged to ensure an absence from school is a necessary absence.  Students will attend school unless excused by the principal of their attendance center.

Truancy is the failure to attend school for the minimum number of days established in the school calendar by the board.  Truancy is the act of being absent without a reasonable excuse.  These absences will include, but not be limited to, tardiness, shopping, hunting, concerts, preparation or participation in parties, other celebrations, and employment.  Truancy will not be tolerated by the board.

Students are subject to disciplinary action for truancy including suspension and expulsion.  It is within the discretion of the principal to determine, in light of the circumstances, whether a student may make up work missed because of truancy.  Students receiving special education services will not be assigned to supervised study hall or in-school suspension unless the goals and objectives of the student's Individualized Education Program are capable of being met.

It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.  The administrative regulations will indicate the disciplinary action to be taken for truancy.

 

 

Legal Reference: Iowa Code §§ 294.4; 299.
                                      281 I.A.C. 12.3(4).

Cross Reference: 206.3   Secretary
  
                                    410.3   Truancy Officer
  
                                    501      Student Attendance
  
                                    503      Student Discipline
  
                                    504      Student Activities
  
                                    506      Student Records

Initially Approved 02-14-2000                    
Last Reviewed  01-27-2021             
Last Revision 01-27-2021

 

dawn@iowaschoo… Sat, 09/12/2020 - 19:36

501.11 - Student Release During School Hours

501.11 - Student Release During School Hours

Students in grades 11 and 12 may be allowed to leave the school district facilities when they are not scheduled to be in class.  Students who violate school rules may have this privilege suspended.

It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

 

 

Legal Reference: Iowa Code § 294.4.
  
                                    281 I.A.C. 12.2(4).

Cross Reference: 501      Student Attendance
  
                                    503      Student Discipline
  
                                    504      Student Activities
  
                                    506      Student Records

Initially Approved 02-14-2000                    
Last Reviewed  01-27-2021             
Last Revision                        

 

dawn@iowaschoo… Sat, 09/12/2020 - 19:38

501.11E1 - Junior-Senior Open/Off Campus Rules

501.11E1 - Junior-Senior Open/Off Campus Rules

Open/Off Campus Guidelines

Juniors and seniors may apply for Open/Off Campus privileges.  Students do not have a right to Open/Off Campus; it is an option provided those juniors and seniors who have demonstrated a high level of maturity and can handle the responsibilities of a less structured school environment.  Students on Open/Off Campus are required to be in attendance during the times their classes are in session and for scheduled assembly programs.  Seniors, who are passing all classes and exhibit responsible behavior, are not required to attend first or sixth period study halls.  Juniors, who are passing all classes, must have earned Open/Off Campus privileges to be excused for any portion of the school day, including study hall first or sixth period.  It is very important that students on Open Campus are in school for their classes.  The Open Campus option is awarded to students who have earned a GPA of 2.60 for the previous grading period and received passing grades in all courses.

Students opting for Open/Off Campus must adhere to the following responsibilities:

Exhibit responsible behavior, defined as:

  1. Students must be on time for class.

    A.  Any student reported tardy three or more times in a HEX will forfeit his Open/Off Campus for the remainder of that HEX.

    B.  Students late (10 or more minutes) on two occasions in a HEX will forfeit their Open/Off Campus for the remainder of the HEX.
     

  2. Students reported unexcused for any part of the school day will forfeit their Open/Off Campus for the remainder of that HEX (in-school and out-of-school suspensions are considered unexcused absences).
     
  3. Repeated violations of school rules/policies may result in the forfeiture of Open/Off Campus.
     
  4. Students will forfeit their Open/Off Campus if found with a truant or unexcused student.
     
  5. Students found to have violated the Good Conduct Policy will forfeit their Open/Off Campus for the term of the Good Conduct ineligibility.

Abide by the following guidelines:

  1. Students reporting to campus must be in either a supervised classroom or study area.  Loitering in the hallways, school parking lot, student vehicles, general school grounds, or being in an unsupervised area will not be tolerated and is cause to terminate “Open/Off Campus.”
     
  2. Open/Off campus students must have a pass from a teacher to access the library computer lab.
     
  3. Students are responsible for reading the daily announcements and being alert to altered time schedules.  Announcements will be posted outside the office.
     
  4. Students are to be sure to clean and reorganize the area within the Commons they occupy during Open/Off Campus.
     
  5. All school work must be current.
     
  6. Students must be in attendance for all classes to be eligible for co/extracurricular activities.
     
  7. Open/Off Campus students may not provide carryout food for themselves during lunch or for other students at any time. 
     
  8. Parents must have signed a completed Open/Off Campus application and the application must be on file in the office for a student to be eligible for Open/Off Campus.

Note:  A parent or the principal may remove Open/Off Campus privileges from a student at any time.

 

 

(Detach bottom portion of this sheet and return to the office.)

-----------------------------------------------------------------------------------------------------------------------------------------------------------

STUDENT AGREEMENT

My signature below indicates that I have read the information on this sheet.  I agree to comply with the rules and procedures established for Open/Off Campus.  I understand that failure to comply will result in the loss of Open/Off Campus privileges.

 

Signature of Student _______________________________________________   Date  ______________

 

PARENT PERMISSION

My signature below indicates that I have read the information above and give my permission for my son/daughter to be on Open/Off Campus.  I understand that my son/daughter is responsible for their own transportation with on Open/Off Campus.

 

Signature of Parent  _______________________________________________   Date  ______________

 

dawn@iowaschoo… Sat, 09/12/2020 - 19:43

501.12 - Pregnant Students

501.12 - Pregnant Students

The board encourages pregnant students to continue to attend the education program as long as they are physically able to do so.  The pregnant student may notify the principal or the guidance counselor as soon as she is aware of the pregnancy.  The school may require that a pregnant student provide the principal with a written note from her doctor relative to special conditions that might exist and specific suggestions as to how long the student may continue to attend classes.  If the student is unable to attend school because of her pregnancy, the student may be excused and arrangements made to continue her studies during her absence.  The student will resume classes upon the recommendation of her physician.

 

 

Legal Reference: Iowa Code §§ 216; 279.8; 280.3.

Cross Reference: 501      Student Attendance
  
                                    604.2   Individualized Instruction

Initially Approved 02-14-2000                    
Last Reviewed  01-27-2021             
Last Revision                        

 

dawn@iowaschoo… Sat, 09/12/2020 - 19:40

501.13 - Students of Legal Age

501.13 - Students of Legal Age

Students who have attained legal age may continue the education program without payment of tuition as long as they are eligible to attend an Iowa public school and are residents of the school district.

Parents will be allowed to access and view the student's records without written permission from the student if the student is still a dependent for tax purposes.  In most cases, with the discretion of the principal or the superintendent, the student will be able to make decisions and sign documents rather than requiring parental permission or signature.