Code No.  401.01

 

 

EQUAL EMPLOYMENT OPPORTUNITY

The Morning Sun 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, upgrading, 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 shall 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 shall consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, national origin, religion, age, sexual orientation, gender identity, disability or sexual orientation.  In keeping with the law, the board shall 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.

 

 

Approved          08/23/94          

Reviewed          11/13/94; 11/9/98; 11/10/03; 12/8/08; 11/13/13; 5/15/19; 11/21/23

Revised            10/11/04; 8/13/07        

                                                               

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS  Page 1 of 2

                                                                                                                       

 

 

Code No.  401.2

                                                                                                                        Page 2 of 2

 

 

EQUAL EMPLOYMENT OPPORTUNITY

Advertisements and notices for vacancies within the district will contain the following statement: "The Morning Sun Community School District is an EEO/AA employer."

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, shall be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Morning Sun Community School District, PO Box 129, Morning Sun, Iowa 52640; or by telephoning (319) 868-7701.

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 Director of the Region VII office of Civil Rights, U.S. Department of Education, 310 W. Wisconsin Ave., Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111 or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50309-1004, (515) 281-4121 or 1.800.457.4416, http://www.state.ia.us/government/crc/index.html..  This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

Further information and copies of the procedures for filing a complaint are available in the school district's central administrative office and the administrative office in each attendance center.

 

 

 

Legal Reference:           29 U.S.C. §§ 621-634

                                    42 U.S.C. §§ 2000e et seq.

                                    42 U.S.C. §§ 12101 et seq.

                                    Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8 .

                                    281 I.A.C. 12.4; 95.

 

 

Cross Reference:        102  Equal Educational Opportunity

                                    104  Bullying/Harassment

                                    405.2  Licensed Employee Qualifications, Recruitment, Selection

                                    411.2  Classified Employee Qualifications, Recruitment, Selection

 

 

 

 

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS  Page 2 of 2

 

Code No. 401.02

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EMPLOYEE CONFLICT OF INTEREST

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

Employees have access to information and a captive audience that could award the employee personal or financial gain.  No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the superintendent.  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 supplies.  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 shall be deemed to exist shall include, but not be limited to, any of the following:

(1)  The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district'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.

 

 

 

 

 

 

 

Approved             8/23/94               

Reviewed             11/13/95; 11/9/98; 11/10/03; 12/8/08; 11/13/13; 5/15/19; 11/21/23

Revised                01/11/12         

                                                                                  

 

 

 

 

 

 

 

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS  Page 1 of 2

                                                                                          Code No. 401.02

                                                                                                                        Page 2 of 2

 

 

EMPLOYEE CONFLICT OF INTEREST

 

 

(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: Iowa Code §§ 20.7; 68B; 279.8; 301.28

                             7 C.F.R. 3016.36(3)

 

 

Cross Reference:                 203    Board of Directors' Conflict of Interest

                                             402.4  Gifts to Employees

                                             402.6  Employee Outside Employment

                                             404  Employee Conduct and Appearance

 

 

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS  Page 2 of 2

Code No.  401.03

 

 

NEPOTISM

More than one family member may be an employee of the school district.  It shall be 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 by the board of more than one individual in a family shall be on the basis of their qualifications, credentials and records.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:           Iowa Code §§ 20; 71; 277.27; 279.8 (1993).

 

 

Cross Reference:        203    Board of Directors' Conflict of Interest

                                    405.2  Licensed Employee Qualifications, Recruitment  Selection

                                    411.2  Classified Employee Qualifications, Recruitment   Selection

 

 

Approved  8/23/94       

Reviewed          11/13/95; 11/9/98; 11/10/03; 12/8/08; 11/13/13; 5/15/19; 11/21/23       

Revised                       

                                                     

 

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

 

Code No.  401.04

 

 

EMPLOYEE COMPLAINTS

Complaints of teachers against fellow employees shall be brought directly to the immediate supervisor or superintendent and shall be made in a constructive and professional manner.  Complaints shall never be made in the presence of other teachers, employees, students or outside persons.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:           Iowa Code §§ 20.7, .9; 279.8 (1993).

 

 

 

 

 

 

 

 

 

 

Approved  8/23/94       

Reviewed          11/13/95; 11/9/98; 11/10/03; 12/8/08; 11/13/13; 5/15/19; 11/21/23

Revised            

                                           

 

 

 

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No. 401.05

 

 

EMPLOYEE RECORDS

The school district shall 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 shall 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 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 except the total amount charged for all copies cannot exceed $5.00.  However, employees 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 shall be the responsibility of the superintendent to keep employees' personnel files current.  The board secretary shall be the custodian of employee records.

It shall be the responsibility of the superintendent to develop administrative regulations for the implementation of this policy.

 

 

 

 

 

Legal References:  Iowa Code chs. 20; 21; 22; 91B (1993).

 

 

Cross References:      212  Closed Sessions

                                    215  Board of Directors' Records

                                    708  Care, Maintenance and Disposal of School District Records

 

 

 

Approved          8/23/94            

Reviewed          11/13/95; 11/9/98; 9/13/00; 11/10/03; 12/8/08; 11/13/13; 5/15/19; 11/21/23         

Revised            

                                                                   

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  401.06

 

 

LIMITATIONS TO EMPLOYMENT REFERENCES

 

 

The district believes in taking appropriate measures to promote the health and welfare of all students.  Any school employee, contractor, or agent shall not assist another school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law. 

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

• the matter has been officially closed by the law enforcement agency;
• the individual is acquitted or otherwise exonerated of the alleged misconduct; or
• more than four years has passed since the case was opened, and no charges or indictment have been filed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal References:     20 U.S.C. §7926

        281 I.A.C. 12.3(14)

 

Cross References:    401.5 Employee Records

                                  402.2 Child Abuse Reporting

                                  402.3 Abuse of Students by School District Employees

                                  405.2 Licensed Employee Qualifications, Recruitment, Selection

                                  411.2 Classified Employee Qualifications, Recruitment, Selection

 

 

 

Approved                                            Reviewed;  11/21/23                                            Revised                   

Code No.  401.07

                                                                       

 

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.  Reimbursement for expenses will be allowed only if the employee received authorization for the expenses from the superintendent prior to the expenditure.

It shall be the responsibility of the superintendent to determine whether the requested trip is appropriate school district business for which actual and necessary expenses should be reimbursed to the employee.

The school district may pay the transportation costs for travel between school buildings during the performance of their duty.  The mileage reimbursement rate will be four cents below the Internal Revenue Service reimbursement rate.

 

 

 

 

 

 

 

Legal Reference:           Iowa Code §§ 70A.9-.11 (1993).

                                    1980 Op. Att'y Gen. 512.

 

 

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

                                    401.10  Credit Cards

                                    711     Transportation

 

 

 

 

 

 

 

 

 

 

 

Approved          8/23/94            

Reviewed          11/13/95; 11/09/98; 11/10/03; 12/08/08; 11/13/13; 5/15/19; 11/21/23         

Revised                                                                                                      

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  401.08

 

 

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 shall seek prior approval from the board.

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:           Iowa Code § 279.8 (1993).

                                    1980 Op. Att'y Gen. 102.

 

 

Cross Reference:        407.3  Licensed Employee Retirement

                                    413.2  Classified Employee Retirement

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved          8/23/94            

Reviewed          11/13/95; 11/9/98; 11/10/03; 12/08/08; 11/13/13; 5/15/19; 11/21/23         

Revised            

                                                         

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  401.09

 

 

EMPLOYEE POLITICAL ACTIVITY

Employees shall not engage in political activity upon property under the jurisdiction of the board including the use of school district e-mail accounts.  Activities including, but not limited to, posting of political circulars or petitions, the distribution of political circulars or petitions, the collection of or solicitation for campaign funds, solicitation for campaign workers, general information regarding elections or ballot issues, and the use of students for writing or addressing political materials, or the distribution of such materials to or by students are specifically prohibited.

Violation of this policy may be grounds for disciplinary action.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:           Iowa Code §§ 55; 279.8

 

 

Cross Reference:        409.5  Licensed Employee Political Leave

                                    414.5  Classified Employee Political Leave

 

 

 

 

 

 

 

 

Approved          8/23/94             Reviewed          11/13/95; 11/9/98; 11/10/03; 12/8/08; 11/13/13; 11/21/23           Revised: 6/13/19           

                                                                     

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  401.10

 

CREDIT CARDS

Employees may use school district credit cards for the actual and necessary expenses incurred in the performance of work-related duties.  Actual and necessary expenses incurred in the performance of work-related duties include, but are not limited to, fuel for school district transportation vehicles used for transporting students to and from school and for school-sponsored events, payment of claims related to professional development of the board and employees, and other expenses required by employees and the board in the performance of their duties.

Employees and officers using a school district credit card must submit a detailed receipt in addition to a credit card receipt indicating the date, purpose and nature of the expense for each claim item.  Failure to provide a proper receipt shall make the expense a personal expense.  Personal expenses shall be reimbursed to the school district no later than ten working days following use of the school district's credit card.  In exceptional circumstances, the superintendent or board may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances shall be maintained as part of the school district's record of the claim.

The school district may maintain a school district credit card for actual and necessary expenses incurred by employees and officers in the performance of their duties.  The superintendent may maintain a school district credit card for actual and necessary expenses incurred in the performance of the superintendent's duties.  The transportation director may maintain a school district credit card for fueling school district transportation vehicles in accordance with board policy.

It shall be the responsibility of the superintendent to determine whether the school district credit card use is for appropriate school business.  It shall be the responsibility of the board to determine through the audit and approval process of the board whether the school district credit card use by the superintendent and the board is for appropriate school business.

The superintendent shall be responsible for developing administrative regulations regarding actual and necessary expenses and use of a school district credit card.  The administrative regulations shall include the appropriate forms to be filed for obtaining a credit card.

 

Approved          8/23/94            

Reviewed          11/13/95;  11/9/98; 11/10/03; 12/8/08; 11/13/13; 5/15/19; 11/21/23       

Revised         

                                                                    

Legal Reference:           Iowa Constitution, Art. III, § 31.

                                    Iowa Code §§ 279.8, .29, .30 (1993).

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

 

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

                                    705.3  Payment for Goods and Services

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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 Board Secretary.  Regular employees ineligible for the school district's group health plan will be given information regarding where they can obtain health care or health care insurance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

                                    191 I.A.C. 74.

 

Cross Reference:        404      Employee Conduct and Appearance

                                    406      Licensed Employee Compensation and Benefits

                                    412      Classified Employee Compensation and Benefits

 

 

Approved                                            Reviewed; 11/21/23                                            Revised                   

 

 

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

 

 

 

Approved                                      Reviewed; 11/21/23                                       Revised                   

 

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 will comply with Iowa law to the extent that compliance does not infringe on employees’ free speech rights.  Employees who use social media platforms are encouraged to remember that the school community may not be able to separate employees as private citizens, from the role within the district.  Employee expression on social media platforms that interferes with the district’s operations or prevents the district from functioning efficiently and effectively may be subject to discipline up to and including termination.

 

A district employee who acts to protect a student for engaging in free expression or who refuses to infringe on students engaging in free expression; and who is acting within the scope of their professional ethics will not be retaliated against or face any adverse employment action based on their behavior provided that expression is otherwise permitted by law and board policy.

 

If the board or court finds an employee that is subject to licensure, certification, or authorization by the Board of Educational Examiners discriminated against a student or other co-employee, the board will refer the employee to the Board of Educational Examiners for additional proceedings as required by law and which may result in discipline up to and including termination.

 

 

 

Legal Reference:        U.S. Const. Amend. I

                                Kennedy v. Bremerton School District, 597 U.S. (2022)

                                 Iowa Code 279.73; 280.22

 

 

 

Cross Reference:        502.3    Student Expression

                                   504.3    Student Publications

 

Approved:  8/12/21

Reviewed: 10/18/22; 11/21/23

Revised:

Code No.  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 shall be the responsibility of the board secretary or superintendent to respond to inquiries from creditors.

 

 

Legal Reference:           Iowa Code §§ 22.7; 279.8 (1993).

 

 

Cross Reference:        401.5  Employee Records

                                    901     Public Examination of School District Records

 

 

Approved          8/23/94             Reviewed          11/13/95; 11/9/98; 11/10/03; 12/8/08; 11/13/13; 6/13/19; 11/21/23           Revised            

                                                              

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

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

 

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

 

Within six months of their initial employment, mandatory reporters will take a two-hour training course involving identification and reporting of child abuse and dependent adult abuse, or submit evidence they've taken the course within the previous three years. Once the training course has been taken, the certificate will remain valid for three years.  Employees who have taken the two-hour training course will take the one-hour follow-up training course every three years and prior to the expiration of their certificate.

 

 

 

Legal Reference:        Iowa Code §§ 232.67-.77; 232A; 235A; 280.17.

441 I.A.C. 9.2; 155; 175.

 

 

 

Cross Reference:        402.3   Abuse of Students by School District Employees   

502.9   Interviews of Students by Outside Agencies

507     Student Health and Well-Being

 

 

 

Approved:      6/12/95

Reviewed:       10/8/98; 02/14/08; 10/12/11; 9/15/21; 11/21/23

Revised:          10/12/16; 7/19/22; 10/18/22; 7/11/23

402.3 ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

Code No. 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 shall be listed in the student handbook, published annually in the local newspaper and posted in all school facilities.

The superintendent is responsible for drafting administrative regulations to implement this policy.

Legal Reference:           Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1)       

                                       (1993).

                                    281 I.A.C. 102, 103.

                                    441 I.A.C. 155, 175.

                                    1980 Op. Att'y Gen. 275.

 

Cross Reference:        402.2  Child Abuse Reporting

                                    503.5  Corporal Punishment

                                    507    Student Health and Well-Being

 Approved          8/23/94             Reviewed          11/13/95; 11/9/98; 11/10/03; 12/8/08; 11/13/13; 6/13/19; 11/21/23           Revised            

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No. 402.4

                                                                                                           

 

GIFTS TO EMPLOYEES

Employees may receive a gift on behalf of the school district.  Employees shall not, either directly or indirectly, solicit, accept or receive any gift, 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;

 

 

 

Approved          8/23/94             Reviewed          11/13/95; 11/9/98; 11/10/03; 12/8/08; 11/13/13; 6/13/19; 11/21/23           Revised            

                                                                      

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS  Page 1 of 3

                                                                                                            Code No. 402.4

                                                                                                           

 

GIFTS TO EMPLOYEES

 

            • 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;

            • 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 an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;

            • 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

            • 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.

 

 

 

 

 

 

 

 

 

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS  Page 2 of 3

 

                                                                                                            Code No. 402.4

                                                                                                           

 

GIFTS TO EMPLOYEES

            • 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 shall be 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 (1993).

                                    Iowa Code Supp. ch. 68B (1993).

                                    1972 Op. Att'y Gen. 276.

                                    1970 Op. Att'y Gen. 319.

 

 

Cross References:       217    Gifts to Board of Directors

                                    401.2  Employee Conflict of Interest

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS  Page 3 of 3

Appropriate training and professional development of all employees is crucial to the success of all students.  The district will provide professional development opportunities appropriate to the duties of school employees.

 

For all professional development programs, the district requires employees to take, the district will provide to the employee notice indicating the section of the law, or rules adopted by the state board of education or board of educational examiners that the district determines requires the employee to participate in the professional development program.

 

Legal Reference:       Iowa Code

 

 

Cross Reference:       302.6  Superintendent Professional Development

                                303.7  Administrator Professional Development

                                408.1  Licensed Employee Professional Development

 

 

Approved:  8/7/23

Reviewed:  11/21/23

Revised:

402.6 EMPLOYEE OUTSIDE EMPLOYMENT

Code No.  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 shall be 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 (1993).

Cross Reference:        401.2  Employee Conflict of Interest

                                    407.5  Licensed Employee Reduction in Force

                                    408.3  Licensed Employee Tutoring

                                    413.4  Classified Employee Dismissal

 

 Approved          8/23/94             Reviewed          11/13/95; 11/9/98; 11/10/03; 12/8/08; 11/13/13; 6/13/19; 11/21/23           Revised            

                                                                      

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

403.1 EMPLOYEE PHYSICAL EXAMINATIONS

Code No.  403.1

EMPLOYEE PHYSICAL EXAMINATIONS

Good health is important to job performance.  Employees shall present evidence of good health, in the form of a physical examination report, prior to their employment with the school district.

School bus drivers shall present evidence of good health every other year in the form of a physical examination report unless otherwise required by law or medical opinion.  Employees whose physical or mental health, in the judgment of the administration, may be in doubt shall submit to additional examinations, when requested to do so, at the expense of the school district.

The cost of the initial examination will be paid by the school district.  The form, indicating the employee is able to perform the duties for which the employee was hired, must be returned prior to payment of salary each year.  The cost of bus driver renewal physicals will be paid by the school district.  The school district shall provide the standard examination form to be completed by the personal physician of the employee.  Employees identified as having reasonably anticipated contact with blood or infectious materials will receive the Hepatitis B vaccine or sign a written waiver stating that they will not take the vaccine.

It is the responsibility of the superintendent to write an exposure control plan to eliminate or minimize district occupational exposure to bloodborne pathogens.  The plan for designated employees will include, but not be limited to, scope and application, definitions, exposure control, methods of compliance, Hepatitis B vaccination and post-exposure evaluation and follow-up, communication of hazards to employees, and record keeping.

Legal Reference:           29 C.F.R. Pt. 1910.1030 (2002).

                                    Iowa Code §§ 20.9; 279.8, 321.376(2003).

                                    281 I.A.C. 12.4(14); 43.15 -.20.

 

Cross Reference:           403  Employees' Health and Well-Being

 Approved          0/23/94           Reviewed         12/11/95; 12/17/98; 12/15/03; 1/14/09; 12/11/13; 6/13/19; 12/12/23           Revised             10.13.03; 3/13/06       

                                                                       

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

403.2 EMPLOYEE INJURY ON THE JOB

Code No.  403.2

EMPLOYEE INJURY ON THE JOB

When an employee becomes seriously injured on the job, the building principal shall notify a member of the family, or an individual of close relationship, as soon as the building principal becomes aware of the injury.

The school district is not responsible for medical treatment of an injured employee.  If possible, an employee may administer emergency or minor first aid.  An injured employee shall be turned over to the care of the employee's family or qualified medical employees as quickly as possible.

It shall be the responsibility of the employee injured on the job to inform the superintendent within twenty-four hours of the occurrence.  It shall be the responsibility of the employee's immediate supervisor to file an accident report within twenty-four hours after the employee reported the injury.

It shall be the responsibility of the employee to file claims, such as workers' compensation, through the board secretary.

 Legal Reference:           Iowa Code § 613.17 (1993).

                                    1972 Op. Att'y Gen. 177.

Cross Reference:        403    Employees' Health and Well-Being

                                    406.5  Licensed Employee Group Insurance Benefits

                                    409.2  Licensed Employee Personal Illness Leave

                                    414.2  Classified Employee Personal Illness Leave

 

 Approved          8/23/94             Reviewed          12/11/95; 12/14/98; 12/5/03' 1/14/09; 12/11/13; 6/13/19; 12/12/23           Revised            

                                                               

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

403.3 COMMUNICABLE DISEASES--EMPLOYEES

Code No. 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" shall 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 shall be included in the school district's bloodborne pathogens exposure control plan.  The procedures shall 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 shall be reviewed annually by the superintendent and school nurse.

The health risk to immunodepressed employees shall be determined by their personal physician.  The health risk to others in the school district environment from the presence of an employee with a communicable disease shall be determined on a case-by-case basis by the employee's personal physician, a physician chosen by the school district or public health officials.

An employee shall notify the superintendent or the school nurse when the employee learns the employee has a communicable disease.  It shall be the responsibility of the superintendent, when the superintendent or school nurse, upon investigation, has knowledge that a reportable communicable disease is present, to notify the Iowa Department of Public Health. 

Health data of an employee is confidential and it shall not be disclosed to third parties.  Employee medical records shall be kept in a file separate from their personal file.

It shall be 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.

 Approved          8/23/94             Reviewed          12/11/95; 12/14/98; 12/15/03; 1/14/09; 12/11/13; 6/13/19; 12/12/23           Revised            

                                                                     

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS  Page 1 of 2

 Code No. 403.3

 COMMUNICABLE DISEASES - EMPLOYEES

 Legal Reference:                    29 U.S.C. § 794, 1910

                                                42 U.S.C. §§ 12101 et seq.

                                                45 C.F.R. Pt. 84.3

                                                Iowa Code  § 139; 141 .

                                                641 I.A.C. 1.2-.7.

                                                281 I.A.C. 22.15-.17.

 Cross Reference:           401.5  Employee Records

                                        403.1  Employee Physical Examinations

                                        507.3  Communicable Diseases - Students

 

 

 

 

 

 

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS  Page 2 of 2

403.4 HAZARDOUS CHEMICAL DISCLOSURE

Code No.  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 shall review this information about hazardous substances annually.  Further, when a new employee is hired, the information and training, if necessary, shall be included in the orientation of the employee.  When an additional hazardous substance enters the workplace, information about it shall be distributed and training shall be conducted for the appropriate employees.  The superintendent shall maintain a file indicating when training and information sessions take place.

Employees who will be instructing or otherwise working with students shall disseminate information about the hazardous chemicals with which they will be working as part of the instructional program.  Employees are required to disseminate the information when the materials are used in the instructional program.

It shall be the responsibility of the superintendent to develop administrative regulations regarding this program. 

Legal Reference:           29 C.F.R. Pt. 1910; 1200 et seq.

                                    Iowa Code chs. 88; 89B

                              

 

Cross Reference:           403  Employees' Health and Well-Being

                                       804  Safety Program

Approved          8/23/94             Reviewed          12/11/95; 12/14/98; 12/15/03; 1/14/09; 12/11/13; 6/13/19; 12/12/23                        Revised            

                                                                   

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

403.5 SUBSTANCE-FREE WORKPLACE

Code No.  403.5

SUBSTANCE-FREE WORKPLACE

The board expects the school district and its employees to remain substance free.  No employee shall 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 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.

If an employee is convicted of a violation of any criminal drug offense committed in the workplace, the employee shall 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 shall be responsible for publication and dissemination of this policy to each employee.  In addition, the superintendent shall 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. §§ 701-707 (1988).

                                                42 U.S.C. §§ 12101 et seq. (Supp. 1990).

                                                34 C.F.R. Pt. 85 (1990).

                                                Iowa Code §§ 124; 279.8 (1993).

 Cross Reference:           502.7  Smoking - Drinking - Drugs

Approved          8/23/94             Reviewed          12/11/95; 12/14/98; 12/15/03; 1/14/09; 12/11/13.; 6/13/19; 12/12/23                 Revised               

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

403.6 DRUG AND ALCOHOL TESTING PROGRAM

Code 403.6

Drug and Alcohol Testing Program

Employees who operate school vehicles classified as "commercial motor vehicles" by the U.S. Department of Transportation, and are required to possess a commercial's driver's license (CDL) to operate those vehicles, are subject to drug and alcohol testing. A "commercial motor vehicle" is a vehicle that transports sixteen or more persons including the driver or has a gross vehicle rating (GVWR) of 26,001 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 commercial motor vehicle owned by the school.

Employees or employee applicants that will operate a school vehicle as described above are subject to pre-employment drug testing prior to being allowed to perform a safety sensitive function using the school vehicle. In addition employees will be subject to random, responsible suspicion and post-accident drug and alcohol testing. Employees operating school vehicles will not perform a safety - sensitive function within 4 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 Morning Sun Superintendent, Mike Peterson, PO Box 129, Morning Sun, Iowa  52640  or 319.868.7701.

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, the 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 its 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...

 

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS Page 1 of 2

Code 403.9

 

Legal Reference:                       American Trucking Assoc. Inc. V

                                                Federal Highway Admin. 51 Fed. 3rd

                                                405 (4th Cir. 1995)

                                                42 U.S.C  §§ 12101

                                                49 U.S.C. 5331 et. seq.                                   

                                                41 U.S.C. §§ 701-707

                                                49 C.F.R. Pt. 40; 382: 391.81-123

                                                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; 730.5 321.375(2) (2003)

 

            Cross Reference         403.5                Substance-Free Workplace

                                                409.2                Licensed Employee Personal Illness Leave

                                                414.2                Classified Employee Personal Illness Leave

 

 

 

 

 

Approved          08/23/94           Reviewed          12/11/95; 12/14/98; 12/15/03; 1/14/09; 12/11/13; 6/13/19; 12/12/23          Revised            08/11/03; 3/14/05

                                                                       

MORNING SUN COMMUNITY SCHOOL DISTRIC BOARD OF DIRECTORS Page 2 of 2

 

 

Code 404.R1

 

CODE OF PROFESSIONAL CONDUCT AND ETHICS REGULATION

 

CHAPTER 25

 

282—25.1(272) Scope of standards. This code of professional conduct and ethics constitutes mandatory minimum standards of practice for all licensed practitioners as defined in Iowa Code chapter 272. The adherence to certain professional and ethical standards is essential to maintaining the integrity of the education profession.

 

282—25.2(272) Definitions. Except where otherwise specifically defined by law:

“Administrative and supervisory personnel” means any licensed employee such as superintendent, associate superintendent, assistant superintendent, principal, associate principal, assistant principal, or other person who does not have as a primary duty the instruction of pupils in the schools.

“Board” means the Iowa board of educational examiners.

“Discipline” means the process of sanctioning a license, certificate or authorization issued by the board.

“Ethics” means a set of principles governing the conduct of all persons governed by these rules.

“Fraud” means knowingly providing false information or representations on  an  application for licensure or employment, or knowingly providing false information or representations made in connection with the discharge of duties.

“License” means any license, certificate, or authorization granted by the board.

“Licensee” means any person holding a license, certificate, or authorization granted by the board.

“Practitioner” means an administrator, teacher, or other licensed professional, including an individual who holds a statement of professional recognition, who provides educational assistance to students.

“Responsibility” means a duty for which a person is accountable by virtue of licensure.

“Right” means a power, privilege, or immunity secured to a person by law.

“Student” means a person, regardless of age, enrolled in a prekindergarten through grade 12 school, who is receiving direct or indirect assistance from a person licensed by the board.

“Teacher” means any person engaged in the instructional program for prekindergarten through grade

12 children, including a person engaged in teaching, administration, and supervision, and who is required by law to be licensed for the position held.

[ARC 7979B, IAB 7/29/09, effective 9/2/09]

 

282—25.3(272) Standards of professional conduct and ethics. Licensees are required to abide by all federal, state, and local laws applicable to the fulfillment of professional obligations. Violation of federal, state, or local laws in the fulfillment of professional obligations constitutes unprofessional and unethical conduct which can result in disciplinary action by the board. In addition, it is hereby deemed unprofessional and unethical for any licensee to violate any of the following standards of professional conduct and ethics:

25.3(1) Standard I—conviction of crimes, sexual or other immoral conduct with or toward a student, and child and dependent adult abuse. Violation of this standard includes:

a.    Fraud. Fraud means the same as defined in rule 282—25.2(272).

b.    Criminal convictions. The commission of or conviction for a criminal offense as defined by

Iowa law provided that the offense is relevant to or affects teaching or administrative performance.(1)  Disqualifying criminal convictions. The board shall deny an application for licensure and shall revoke a previously issued license if the applicant or licensee has, on or after July 1, 2002, been convicted of, has pled guilty to, or has been found guilty of the following criminal offenses, regardless of whether the judgment of conviction or sentence was deferred:

1.  Any of the following forcible felonies included in Iowa Code section 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping;

2.   Any of the following criminal sexual offenses, as provided in Iowa Code chapter 709, involving a child:

●     First-, second- or third-degree sexual abuse committed on or with a person who is under the age of 18;

●     Lascivious acts with a child;

●     Assault with intent to commit sexual abuse;

●     Indecent contact with a child;

●     Sexual exploitation by a counselor;

●     Lascivious conduct with a minor;

●     Sexual exploitation by a school employee;

●     Enticing a minor under Iowa Code section 710.10; or

●     Human trafficking under Iowa Code section 710A.2;

3.    Incest involving a child as prohibited by Iowa Code section 726.2;

4.    Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code section

728.2;

5.    Telephone dissemination of obscene material to minors as prohibited by Iowa Code section

728.15;

6.  Any offense specified in the laws of another jurisdiction, or any offense that may be prosecuted in  a  federal,  military,  or  foreign court,  that is  comparable to  an  offense listed in  subparagraph

25.3(1)“b”(1); or

7.   Any offense under prior laws of this state or another jurisdiction, or any offense under prior law that was prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in subparagraph 25.3(1)“b”(1).

(2)   Other criminal convictions and founded child abuse. In determining whether a person should be denied a license or whether a licensee should be disciplined based upon any other criminal conviction, including a conviction for an offense listed in 25.3(1)“b”(1) which occurred before July 1, 2002, or a founded report of abuse of a child, the board shall consider:

1.    The nature and seriousness of the crime or founded abuse in relation to the position sought;

2.    The time elapsed since the crime or founded abuse was committed;

3.    The degree of rehabilitation which has taken place since the crime or founded abuse was committed;

4.    The likelihood that the person will commit the same crime or abuse again;

5.    The number of criminal convictions or founded abuses committed; and

6.     Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.

c.     Sexual involvement or indecent contact with a student. Sexual involvement includes, but is not limited to, the following acts, whether consensual or nonconsensual: fondling or touching the inner thigh, groin, buttocks, anus or breasts of a student; permitting or causing to fondle or touch the practitioner’s inner thigh, groin, buttocks, anus, or breasts; or the commission of any sex act as defined in Iowa Code section 702.17.

d.   Sexual exploitation of a minor. The commission of or any conviction for an offense prohibited by Iowa Code section 728.12, Iowa Code chapter 709 or 18 U.S.C. Section 2252A(a)(5)(B).e.  Student abuse. Licensees shall maintain professional relationships with all students, both inside and outside the classroom. The following acts or behavior constitutes unethical conduct without regard to the existence of a criminal charge or conviction:

(1)   Committing any act of physical abuse of a student;

(2)   Committing any act of dependent adult abuse on a dependent adult student;

(3)   Committing or soliciting any sexual or otherwise indecent act with a student or any minor;

(4)   Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student;

(5)   Furnishing alcohol or illegal or unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal or unauthorized drugs in the presence of the licensee;

(6)   Failing to report any suspected act of child or dependent adult abuse as required by state law; or

(7)   Committing or soliciting any sexual conduct as defined in Iowa Code section 709.15(3)“b” or soliciting, encouraging, or consummating a romantic relationship with any person who was a student within 90 days prior to any conduct alleged in the complaint, if that person was taught by the practitioner or was supervised by the practitioner in any school activity when that person was a student.

25.3(2) Standard II—alcohol or drug abuse. Violation of this standard includes:

a.     Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming illegal or unauthorized drugs or abusing legal drugs.

b.     Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming alcohol.

25.3(3) Standard III—misrepresentation, falsification of information. Violation of this standard includes:

a.   Falsifying or deliberately misrepresenting or omitting material information regarding professional qualifications, criminal history, college credit, staff development credit, degrees, academic award, or employment history when applying for employment or licensure.

b.   Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.

c.     Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.

d.     Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282—Chapter 20.

e.    Falsifying or deliberately misrepresenting or omitting material information regarding the evaluation of students or personnel, including improper administration of any standardized tests, including, but not limited to, changing test answers, providing test answers, copying or teaching identified test items, or using inappropriate accommodations or modifications for such tests.

25.3(4) Standard IV—misuse of public funds and property. Violation of this standard includes:

a.     Failing to account properly for funds collected that were entrusted to the practitioner in an educational context.

b.    Converting public property or funds to the personal use of the practitioner.

c.    Submitting fraudulent requests for reimbursement of expenses or for pay.

d.    Combining public or school-related funds with personal funds.

e.    Failing to use time or funds granted for the purpose for which they were intended.

25.3(5) Standard V—violations of contractual obligations.

A.    Violation of this standard includes:

(1)   Signing a written professional employment contract while under contract with another school, school district, or area education agency.

(2)   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.

(3)   Abandoning a written professional employment contract without prior unconditional release by the employer.

(4)   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.

(5)   As a practitioner, executing a written professional employment contract, which requires the performance of duties that the practitioner is not legally qualified to perform.

b.     In addressing complaints based upon contractual obligations, the board shall consider factors beyond the practitioner’s control. For purposes of enforcement of this standard, a practitioner will not be found to have abandoned an existing contract if:

(1)   The practitioner obtained a release from the employing board before discontinuing services under the contract; or

(2)   The practitioner provided notice to the employing board no later than the latest of the following dates:

1.    The practitioner’s last work day of the school year;

2.    The date set for return of the contract as specified in statute; or

3.    June 30.

25.3(6) Standard VI—unethical practice toward other members of the profession, parents, students, and the community. Violation of this standard includes:

a.    Denying the student, without just cause, access to varying points of view.

b.    Deliberately suppressing or distorting subject matter for which the educator bears responsibility.

c.     Failing to make reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.

d.     Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.

e.     Engaging in any act of illegal discrimination, or otherwise denying a student or practitioner participation in the benefits of any program on the grounds of race, creed, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.

f.     Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.

g.     Accepting gifts from vendors or potential vendors where there may be the appearance of or an actual conflict of interest.

h.     Intentionally disclosing confidential information including, but not limited to, unauthorized sharing of information concerning student academic or disciplinary records, health and medical information, assessment or testing results, or family income.  Licensees shall comply with state and federal laws and local school board policies relating to the confidentiality of student records, unless disclosure is required or permitted by law.

i.     Refusing to participate in a professional inquiry when requested by the board.

j.    Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.

k.     Failing to self-report to the board within 60 days any founded child abuse report, or any conviction for a criminal offense listed in 25.3(1)“b”(1) which requires revocation of the practitioner’s license.

l.     Delegating tasks to unqualified personnel.

m.  Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.

n.  Allowing another person to use one’s practitioner license for any purpose.   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 9 concerning repayment of student loans.

c.    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.

 

 

 

 

Code No.  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 State Board of Educational Examiners.  Licenses required for a position will be considered met if the employee meets the requirements established by the Iowa Department of Education.

It shall be the responsibility of the superintendent to establish job specifications and job descriptions for licensed employees' positions, other than the position of the superintendent.  Job descriptions shall be approved by the board.

Licensed employees must present evidence of current license to the board secretary prior to payment of salary each year.

 

 

 

 

Legal Reference:           Clay v. Independent School District of Cedar Falls, 187 Iowa

                                                89, 174 N.W. 47 (1919).

                                       Iowa Code §§ 256.7(3); 272.6; 272A; 279.8; 294.1 (1993).

                                       282 I.A.C. 14; 20.7.

                                       281 I.A.C. 12.4; 41.25.

                                       1940 Op. Att'y Gen. 375.

 

 

Cross Reference:         405.2 Licensed Employee Qualifications, Recruitment, Selection

                                    411.2 Classified Employee Qualifications, Recruitment, Selection

 

Approved          8/23/94       Reviewed   01/08/96; 1/18/99; 1/12/04; 2/10/09;

    1/08/14; 7/2/19; 1/11/24                     

Revised            

                                                              

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No. 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 without regard to age, race, creed, color, sex, national origin, religion, sexual orientation, gender identity or disability. Job applicants for licensed positions will be considered on the basis of the following:

            Training, experience, and skill;

            Nature of the occupation;

            Demonstrated competence; and

            Possession of, or ability to obtain, state license if required for the position.

All job openings shall be submitted to the Iowa Workforce Development for posting on IowaWorks.gov, 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.

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding qualifications, recruitment and selections of such employees will be followed.

Legal Reference:                     29 U.S.C. §§ 621-634 (1994)

                                                42 U.S.C §§ 2000e et seq. (1994)

                                                42 U.S.C.§§ 12101 et seq. (Supp. 1994)

                                                Iowa Code §§ 20; 35C; 216; 294.1; (2001)

                                                House File 643, 2001 General Assembly.

                                                281 I.A.C. 12.

                                                282 I.A.C. 14.

                                                1980 Op. Att’y Gen. 367.

 

Cross Reference:                    401.1    Equal Employment Opportunity

                                                405.1    Licensed Employee Defined

                                                405.3    Licensed Employee Individual Contracts

 

Approved          08/23/94           Reviewed   01/08/96;  1/18/99; 1/12/04; 2/10/09;      

                                                                      1/08/14; 7/2/19; 1/11/24          Revised            08/13/07; 2/9/11; 4/16/24

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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, beginning on July 1 and ending on June 30.

It shall be the responsibility of the superintendent to complete the contracts for licensed employees and present them to the board for approval.  The contracts, after being signed by the board president, shall be 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 (1993).

 

 

Cross Reference:        203    Board of Directors' Conflict of Interest

                                    405.2 Licensed Employee Qualifications, Recruitment, Selection

                                    407    Licensed Employee Termination of Employment

                                    411.2 Classified Employee Qualifications, Recruitment, Selection

 

 

Approved  8/23/94       

Reviewed  01/08/96; 1/18/99; 1/12/04; 2/10/09; 1/08/14; 7/2/19; 1/11/24                     

Revised            

                                                       

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  405.4

LICENSED EMPLOYEE CONTINUING CONTRACTS

Contracts entered into with licensed employees, other than an administrator, will continue from year to year unless the contract states otherwise, is modified by mutual agreement between the board and the employee, or the contract is terminated by the board.

The first two years of a continuing contract issued to a newly employed licensed employee shall be considered a probationary period.  The board may waive this period or extend it for an additional year upon the consent of the licensed employee.  In the event of termination of the employee's contract during this period, the board shall afford the licensed employee appropriate due process.  The action of the board will be final.

Licensed employees whose contracts will be recommended for termination by the board will receive notice prior to April 30.  The superintendent shall make a recommendation to the board for the termination of the licensed employee's contract.

Licensed employees who wish to resign, to be released from a contract, or to retire must comply with board policies in those areas.

 

Legal Reference:           Ar-We-Va Community School District v. Long and Henkenius, 292  

                                           N.W.2d 402 (Iowa 1980).

                                      Bruton v. Ames Community School District, 291 N.W.2d 351 (Iowa

                                           1980).

                                      Hartman v. Merged Area VI Community College, 270 N.W.2d 822 (Iowa

                                           1978).

                                      Keith v. Community School District of Wilton in the Counties of Cedar

                                           and Muscatine, 262 N.W.2d 249 (Iowa 1978).

                                      Iowa Code §§ 20; 272; 279.12-.19B, .27; 294.1 (1993).

 

 

Cross Reference:        405.3 Licensed Employee Individual Contracts

                                    407 Licensed Employee Termination of Employment

 

 

Approved  8/23/94       

Reviewed  01/08/96; 1/18/99; 1/12/04; 2/10/09; 1/08/14; 7/2/19; 1/11/24             

Revised            

                                                

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  405.5

LICENSED EMPLOYEE WORK DAY

The work day for licensed employees shall begin each day of the school year at a time established by the superintendent.  Licensed employees who are employed only during the academic year shall 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 building must be obtained from the principal whenever the licensed employees must leave the school building during the work day.

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

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

 

Legal Reference:           Iowa Code §§ 20; 279.8 (1993).

 

Cross Reference:          200.2  Powers of the Board of Directors

                                      200.3  Responsibilities of the Board of Directors

 

 

 

 

Approved  8/23/94       

Reviewed  01/08/96; 1/18/99; 1/12/04; 2/10/09; 1/08/14; 7/2/19; 1/11/24                      

Revised            

                                                 

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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 shall consider the qualifications of each licensed employee and the needs of the school district.

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

 

Legal Reference:           Iowa Code §§ 20.9; 279.8 (1993).

 

Cross Reference:          200.2  Powers of the Board of Directors

                                      200.3  Responsibilities of the Board of Directors

 

 

 

 

 

 

 

 

 

 

Approved  8/23/94       

Reviewed  01/08/96;  1/18/99; 1/12/04; 2/10/09; 1/08/14; 7/2/19; 1/11/24            

Revised           

                                                         

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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 shall consider the qualifications of each licensed employee and the needs of the school district.

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

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

 

Legal Reference:           Iowa Code §§ 20.9; 216.14; 279.8 (1993).

 

 

Cross Reference:          405.2  Licensed Employee Qualifications, Recruitment, Selection

                                      405.6  Licensed Employee Assignment

 

 

 

 

 

 

 

 

Approved  8/23/94       

Reviewed  01/08/96; 1/18/99; 1/12/04; 2/10/09; 1/08/14; 7/2/19; 1/11/24                       

Revised            

                                                        

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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 the past year's performance and the future areas of growth.  The formal evaluation is completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file.  This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence. 

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.

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

 

 

 

Legal Reference: Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).

                             Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).

                             Iowa Code §§ 20.9; 279.14, .19, .27 (2007).

                             281 I.A.C. Ch 83; 12.3(4).

 

Cross Reference:   405.2     Licensed Employee Qualifications, Recruitment, Selection

                               405.9     Licensed Employee Probationary Status

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved   08/23/94              

Reviewed   01/08/96; 1/18/99; 1/12/04; 2/10/09; 1/08/14; 7/2/19; 1/11/24            

Revised      06/18/05; 10/4/08                 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  405.9

LICENSED EMPLOYEE PROBATIONARY STATUS

The first three years of a licensed employee's contract shall be a probationary period unless the employee has already successfully completed the probationary period in an Iowa school district.  New employees who have successfully completed a probationary period in a previous Iowa school district will serve a one year probationary period.  For purposes of this policy, an employee will have met the requirements for successfully 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 with the consent of the licensed employee.  The board will make the decision to extend or waive a licensed employee's probationary status based upon the superintendent's recommendation.  During this probationary period the board may terminate the licensed employee's contract at year-end or discharge the employee in concert with corresponding board policies.

Licensed employees may also serve a probationary period based upon their performance.  Such probationary period shall be determined on a case-by-case basis in light of the circumstances surrounding the employee's performance as documented in the employee's evaluations and personnel file.

 

Legal Reference:           Iowa Code §§ 279.12-.19B (1999).

Cross Reference:           405.3  Licensed Employee Individual Contracts

                                      405.4  Licensed Employee Continuing Contracts

                                      405.8  Licensed Employee Evaluation

 

 

 

 

 

 

Approved  8/23/94                   

Reviewed  01/08/96; 1/18/99; 1/12/04; 2/10/09; 1/08/14; 7/2/19; 1/11/24                     

Revised 7/17/00                                                               

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  406.1

LICENSED EMPLOYEE COMPENSATION

The board shall establish salary schedules 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 shall be the responsibility of the superintendent to make a recommendation to the board annually regarding the salary schedule.  The salary schedule shall be subject to review and modification.

 

Legal Reference:           Iowa Code §§ 20.1, .4, .7, .9; 279.8 (1993).

 

Cross Reference:        405.3  Licensed Employee Individual Contracts

                                    405.4  Licensed Employee Continuing Contracts

                                    405.8  Licensed Employee Evaluation

                                    405.9  Licensed Employee Probationary Status

                                    406.2  Licensed Employee Salary Schedule Advancement

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved  8/23/94       

Reviewed  01/08/96; 1/18/99; 1/12/04; 2/10/09; 1/18/14; 7/2/19; 1/11/24                      

Revised               

                                                     

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  406.2

LICENSED EMPLOYEE COMPENSATION ADVANCEMENT

The board shall determine which licensed employees will advance on the salary schedule for the 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 shall be the responsibility of the superintendent to make a recommendation to the board for the advancement of licensed employees on the salary schedule.

 

 

Legal Reference:           Iowa Code §§ 20.1, .4, .7, .9; 279.8 (1993).

 

 

Cross Reference:         405.3  Licensed Employee Individual Contracts

                                    405.4  Licensed Employee Continuing Contracts

                                    405.8  Licensed Employee Evaluation

                                    405.9  Licensed Employee Probationary Status

                                    406.1  Licensed Employee Compensation

                                    406.3  Licensed Employee Continued Education Credit

 

 

 

 

 

 

 

 

Approved  8/23/94       

Reviewed  01/08/96; 1/18/99; 1/12/04; 2/10/09; 1/08/14; 7/2/19; 1/11/24                

Revised            

                                  

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  406.3

LICENSED EMPLOYEE CONTINUED EDUCATION CREDIT

Continued education on the part of licensed employees may entitle them to advancement on the salary schedule.  Licensed employees who have completed additional hours will be considered for advancement on the salary schedule.  The board shall determine which licensed employees will advance on the salary schedule 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 on the salary schedule must notify their supervisor prior to the beginning of the school year.  This additional education must be at the graduate level in the same area as the education that was required of the employee to hold the employee's current position with the school district.  For purposes of illustration only, a math teacher would advance on the salary schedule only if the additional education was in math courses.  The superintendent has the discretion to approve credit outside the employee's area of endorsement or responsibility.

It shall be the responsibility of the superintendent to make a recommendation to the board for the advancement of a licensed employee on the salary schedule.

 

Legal Reference:           Iowa Code §§ 20.1, .4, .7, .9; 279.8 (1993).

 

Cross Reference:        405.3  Licensed Employee Individual Contracts

                                    405.4  Licensed Employee Continuing Contracts

                                    405.8  Licensed Employee Evaluation

                                    405.9  Licensed Employee Probationary Status

                                    406.1  Licensed Employee Compensation

                                    406.2  Licensed Employee Compensation Advancement

 

 

Approved  8/23/94       

Reviewed  01/08/96; 1/18/99; 1/12/04; 2/10/09; 1/08/14; 7/2/19; 1/11/24                      

Revised            

                                                    

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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 shall establish a salary schedule 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 shall assign the extra duty positions to qualified licensed employees.  The licensed employee shall receive compensation for the extra duty required to be performed.

It shall be the responsibility of the superintendent to make a recommendation to the board annually as to which licensed employees shall have the extra duty, and the salary schedule for extra duty, for the board's review.

 

Legal Reference:           Iowa Code §§ 20.1, .4, .7, .9; 279.8, .13-.15, .19A-B (1993).

 

Cross Reference:        405.3  Licensed Employee Individual Contracts

                                    405.4  Licensed Employee Continuing Contracts

                                    405.8  Licensed Employee Evaluation

                                    405.9  Licensed Employee Probationary Status

                                    406.1  Licensed Employee Compensation

                                    406.2  Licensed Employee Salary Schedule Advancement

 

 

 

Approved  8/23/94       

Reviewed  01/08/96; 1/18/99; 1/12/04; 2/10/09; 1/08/14; 7/2/19; 1/11/24                

Revised                      

                                             

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  406.5

LICENSED EMPLOYEE GROUP INSURANCE BENEFITS

Licensed employees are eligible for group insurance and health benefits.  The board will select the group insurance program and the insurance company which will provide the program. Since the district employs less than an average of at least 50 full-time employees (including an equivalent for part-time employees), the district is not subject to the ACAs Employer Mandate.

Full time licensed employees are eligible to participate in the health and major medical, life, and long-term disability group insurance plans. Regular part-time employees who wish to purchase insurance coverage may participate in group insurance programs by meeting the requirements of the insurer. Full-time and regular part-time licensed employees who wish to purchase insurance coverage for their spouse or dependents may do so by meeting the requirements of the insurer.

Licensed 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 plan.

The policy statement does not guarantee a certain level of benefits. The board will have the authority and right to change or eliminate group insurance programs for its licensed employees.

 

Legal Reference:  Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B (2013).

                 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:         706       Payroll Procedures

                                    405.1    Licensed Employees Defined

 

 

 

 

Approved:  08/23/94          

Reviewed:  01/08/96; 1/18/99; 1/12/04; 2/10/09; 1/08/14; 7/2/19; 1/11/24        

Revised:     03.11.15            

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  406.6

LICENSED EMPLOYEE TAX SHELTER PROGRAMS

The board authorizes the administration to make a payroll deduction for licensed employees' tax sheltered annuity premiums purchased from  a company or program chosen by the board and collective bargaining units.

Licensed employees wishing to have payroll deductions for tax sheltered annuities will make a written request to the superintendent.

 

 

Legal Reference:         Iowa Code §§ 20.9; 294.16 (1993).

                                    1988 Op. Att'y Gen. 38.

                                    1976 Op. Att'y Gen. 462, 602.

                                    1966 Op. Att'y Gen. 211, 220.

 

 

Cross Reference:           706  Payroll Procedures

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  08/23/94          

Reviewed:  01/08/96; 1/18/99; 1/12/04; 2/10/09; 1/08/14; 7/2/19; 1/11/24           

Revised:  01/14/09

                                                                 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  407.1

 

 

LICENSED EMPLOYEE RESIGNATION

 

 

A licensed employee who wishes to resign must notify the superintendent in writing prior to June 1.  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 (1993).

 

 

Cross Reference:        405.3  Licensed Employee Individual Contracts

                                    405.4  Licensed Employee Continuing Contracts

                                    407    Licensed Employee Termination of Employment

 

 

 

 

 

 

Approved          8/23/94             Reviewed          02/12/96; 2/08/99; 2/09/04; 3/09/09; 2/2/14; 2/13/24                Revised            

                                                                       

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Licensed employees who wish to be released from an executed contract must give at least thirty 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 shall have sole discretion to determine what constitutes unusual and extreme circumstances.

 

Release from a contract shall be contingent upon finding a suitable replacement. Licensed employees requesting release from a contract after it has been signed and before it expires will be required to pay the board the cost of advertising or other reasonable administrative costs incurred to locate and hire a suitable replacement. Upon written mutual agreement between the employee and the superintendent, and to the extent allowed by law, the cost may be deducted from the employee's salary. Payment of these costs shall be 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 authorized to file a complaint with the Board of Educational Examiners against a licensed employee who leaves without proper release from the board.

 

 

Legal Reference:         Iowa Code §§ 216; 272; 279.13, .19A, .46 (1993).

                                    1978 Op. Att'y Gen. 247.

                                    1974 Op. Att'y Gen. 11, 322.

 

 

 

 

Cross Reference:         405.3  Licensed Employee Individual Contracts

                                    405.4  Licensed Employee Continuing Contracts

                                    407.3  Licensed Employee Retirement

 

 

 

 

Approved: 8/23/94

Reviewed: 2/12/96; 2/08/99; 2/09/04; 3/09/09; 7/2/19; 2/13/24

Revised:  5/11/23

Code No.  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 prior to June 1 of 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 shall be within the discretion of the board to determine whether special circumstances exist.

Board action to approve a licensed employee's application for retirement shall be final and such action constitutes non-renewal 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 shall be allowed to continue coverage in the school district's group health insurance program at their own expense by meeting the requirements of the insurer.

 

 

Legal Reference:         Iowa Code §§ 97B; 216; 279.46

                                    281 I.A.C. 21.

                                 

 

Approved:  8/23/94            

Reviewed:  02/12/96; 2/08/99; 2/09/04; 3/09/09; 2/12/14; 7/2/19; 2/13/24                     

Revised            

                           

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  407.4

LICENSED EMPLOYEE SUSPENSION

Licensed employees shall 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 shall be within the discretion of the superintendent to suspend a licensed employee with or without pay.

In the event of a suspension, appropriate due process shall 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 (1993).

 

 

Cross Reference:

 

 

 

 

 

 

Approved:  8/23/94            

Reviewed:  02/12/96; 2/08/99; 2/09/04; 3/09/09; 2/12/14; 7/2/19; 2/13/24             

Revised            

 

                                                                   

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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 shall be the responsibility of the superintendent to make a recommendation for termination to the board.  The superintendent shall consider the following criteria in making the recommendations:

• 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.

Appropriate due process for terminations due to a reduction in force shall be followed.

 

 

Legal Reference:           Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (1993).

 

Cross Reference:           407.4  Licensed Employee Suspension

 

Approved:  8/23/94            

Reviewed:  02/12/96; 2/08/99; 2/09/04; 3/09/09; 2/12/14; 7/2/19; 2/13/24                      

Revised            

                                                                    

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

The board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills. The board will maintain and support an in-service program for licensed employees.  Professional development activities will include activities that promote and/or teach about compliance with applicable Iowa laws.

 

For all professional development programs the district requires employees to take, the district will provide to the employee notice indicating the section of the law or rules adopted by the state board of education or board of educational examiners that the district determines requires the employee to participate in the professional development program.

 

Requests for attendance or participation in a development program, other than those development programs sponsored by the school district, are made to the superintendent. Approval by 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.;281 I.A.C. 12.7; 83.6

 

 

 

Cross Reference:       414       Classified Employee Professional Purposes Leave

   

 

 

Approved:  8/23/94

Reviewed:  02/12/96; 02/08/99; 02/09/04; 02/12/14; 07/02/19; 10/18/22; 2/13/24

Revised:  7/11/23

Code No.  408.2

LICENSED EMPLOYEE PUBLICATION OR CREATION OF MATERIALS

Materials created by licensed employees and the financial gain therefrom shall be 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 employees's employment.  If the work or activity may interfere with the licensed employee's primary responsibility, the licensed employee must seek prior written approval of the superintendent.

 

 

Legal Reference:           Iowa Code § 279.8 (1993).

 

Cross Reference:        401.2  Employee Conflict of Interest

                                    408.3  Licensed Employee Tutoring

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  8/23/94            

Reviewed:  02/12/96; 2/08/99; 2/09/04; 3/09/09; 2/12/14; 7/2/19; 2/13/24             

Revised            

                           

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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.

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 (1993).

           

Cross Reference:           401.2  Employee Conflict of Interest

 

 

 

 

 

 

 

 

Approved:  8/23/94            

Reviewed:  02/12/96; 2/08/99; 2/09/04; 3/09/09; 2/12/14; 7/2/19; 2/13/24             

Revised            

                                                   

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  409.1

LICENSED EMPLOYEE VACATION - HOLIDAYS - PERSONAL LEAVE

The board shall determine the amount of holidays and personal leave that will be allowed on an annual basis for licensed employees.

Full-time regular licensed employees who work 192 days a year will be allowed a maximum of three days of personal leave.  It shall be within the discretion of the superintendent to grant personal leave.  Application for personal leave must be made at least five school days prior to the requested leave date.

Licensed employees not using their allotted personal leave during the 192 work days of the school year shall be reimbursed in June of each year the substitute teacher pay rate for each unused day.

Regular full-time licensed employees who work 192 days a year will be allowed six holidays per year.  It shall be within the discretion of the board to set the holidays annually.

It shall be the responsibility of the superintendent to make a recommendation to the board annually on holidays and personal leave for licensed employees.

 

 

Legal Reference:        Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (1993).

 

Cross Reference:        414.1  Classified Employee Vacations - Holidays –Personal Leave

 

 

 

Approved  8/23/94       

Reviewed:  03/11/96; 3/15/99; 3/8/04; 4/14/09; 3/12/14; 7/2/19; 3/12/24       

Revised 05/15/00;                       

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  409.2

LICENSED EMPLOYEE PERSONAL ILLNESS LEAVE

Licensed employees shall be granted ten days of sick leave in their first year of employment.  Each year thereafter, one additional day of sick leave will be granted to the licensed employees up to a maximum of fifteen days.  "Day" is defined as one work day regardless of full-time or part-time status of the employee.  A new employee shall 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.

Sick leave may be accumulated up to a maximum of 105 days for licensed employees.

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 shall be within the discretion of the board or the superintendent to determine the type and amount of evidence necessary.

 

 

Legal Reference:        Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).

                                    26 U.S.C. § 2601 et seq. (Supp. 1993)

                                    29 C.F.R. Pt. 825 (1993).

                                    Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (1993).

                                    1980 Op. Att'y Gen. 605.

                                    1972 Op. Att'y Gen. 177, 353.

                                    1952 Op. Att'y Gen. 91.

 

Cross Reference:          409.8  Licensed Employee Unpaid Leave

 

Approved:  8/23/94            

Reviewed:  03/11/96; 3/15/99; 3/08/04; 4/14/09; 3/12/14; 7/2/19; 3/12/24                       

Revised            

                                                                  

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  409.4

LICENSED EMPLOYEE BEREAVEMENT LEAVE

In the event of a death of a member of a licensed employee's immediate family, bereavement leave may be granted.  Bereavement leave will be granted to a licensed employee for no more than five days, with "day" being defined as one work day regardless of full-time or part-time status of the employee, per occurrence, for the death of a member of the immediate family.  The immediate family includes child, spouse, parent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or grandparent of the employee.

No more than three days of bereavement leave will be granted for the death of a close friend or other relative not listed above.  It shall be within the discretion of the superintendent to determine the number of bereavement leave days to be granted.

 

 

Legal Reference:        Iowa Code §§ 20.9; 279.8 (1993).

 

Cross Reference:        409  Licensed Employee Vacations and Leaves of Absence

 

 

 

 

 

 

 

 

 

 

Approved:  8/23/94      

Reviewed:  03/11/96; 3/8/04; 4/14/09; 3/12/14; 7/2/19; 3/12/24           

Revised:  03/15/99          

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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 shall 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 (1993).

 

 

Cross Reference:        409  Licensed Employee Vacations and Leaves of Absence

                                    414  Classified Employee Vacations and Leaves of Absence

 

 

 

 

 

 

 

 

 

 

 

Approved:  8/23/94            

Reviewed:  03/11/96; 3/15/99; 3/08/04; 4/14/09; 3/12/14; 7/2/19; 3/12/24             

Revised            

                                                       

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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 shall 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 shall be paid to the school district.

 

 

Legal Reference:        Iowa Code §§ 20.9; 607A (1993).

 

Cross Reference:         409  Licensed Employee Vacations and Leaves of Absence

                                    414  Classified Employee Vacations and Leaves of Absence

 

 

 

 

 

 

 

Approved:  8/23/94            

Reviewed:  03/11/96; 3/15/99; 3/08/04; 4/14/09; 3/12/14; 7/2/19; 3/12/24             

Revised            

                                                            

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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 to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.

The leave shall be 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 (1993).

 

 

Cross Reference:        409    Licensed Employee Vacations and Leaves of Absence

                                    414    Classified Employee Vacations and Leaves of Absence

 

 

 

 

 

 

 

Approve:  8/23/94           

Reviewed:  03/11/96; 3/15/99; 3/08/04; 4/14/09; 3/12/14; 7/2/19; 3/12/24             

Revised            

                                                     

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  409.8

LICENSED EMPLOYEE UNPAID LEAVE

Unpaid leave may be used to excuse an involuntary absence not provided for in this or other leave policies of the board.  Unpaid leave for licensed employees must be authorized by the superintendent.

The superintendent shall have complete discretion to grant or deny the requested unpaid leave.  In making this determination, the superintendent shall 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 shall 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 shall make a written request for unpaid leave five days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary shall be made unless they are waived specifically by the superintendent.

 

Legal Reference:        Iowa Code §§ 20; 85; 85A; 85B; 279.12; 509; 509A; 509B (1993).

 

Cross Reference:         406.5  Licensed Employee Group Insurance Benefits

                                    409    Licensed Employee Vacations and Leaves of Absence

 

 

 

Approved:  8/23/94            

Reviewed:  03/11/96; 3/15/99; 3/08/04; 4/14/09; 3/12/14; 7/2/19; 3/12/24            

Revised            

                                                                 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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 twenty or more consecutive days in the same position shall be paid according to the prevailing salary schedule based upon qualifications and experience, and will be retroactive to the first day of the substitute period.  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 (1993).

                                  281 I.A.C. 12.4.

 

 

Cross Reference:        405.1  Licensed Employee Defined

                                    405.2  Licensed Employee Qualifications, Recruitment, Selection

                                    405.9  Licensed Employee Probationary Status

                                    406    Licensed Employee Compensation and Benefits

 

 

 

 

 

 

Approved:  8/23/94            

Reviewed:  03/11/96; 3/15/99; 3/08/04; 4/14/09; 3/12/14; 7/2/19; 3/12/24           

Revised          

                                                                

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  410.2

SUMMER SCHOOL LICENSED EMPLOYEES

The Morning Sun Elementary School 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 (2015).

 

Cross Reference:         505.2 Student Promotion – Retention - Acceleration

                                    603.2    Summer School Instruction

 

 

 

 

 

Approved:  08/23/94          

Reviewed:  03/11/96; 3/15/99; 3/08/04; 4/14/09; 3/12/14; 7/2/19; 3/12/24        

Revised             08/11/15

                                                                   

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No. 410.4

EDUCATION AIDE

The board may employ education aides 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 aides who hold a teaching certificate shall be compensated at the rate of pay established for their position as an education aide.  It shall be the responsibility of the principal to supervise education aides.

 

 

Legal Reference:        Iowa Code §§ 279.8; 280.3, .14 (1993).

                                    670 I.A.C. 3.4(5), .7(1).

                                    281 I.A.C. 12.5(9).

 

Cross Reference:         411.2  Classified Employee Qualifications, Recruitment, Selection

 

 

 

 

 

 

 

Approved:  8/23/94            

Reviewed:  03/11/96; 3/15/99; 3/08/04; 4/14/09; 3/12/14; 7/2/19; 3/12/24                        

Revised            

                                                     

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  411.1

CLASSIFIED EMPLOYEE DEFINED

Classified employees are employees who are not administrators or employees in positions which require an Iowa Department of Education teaching license and who are employed to fulfill the duties listed on their job description on a monthly or hourly basis.  Classified employees shall 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 shall be the responsibility of the superintendent to establish job specifications and job descriptions for classified employee positions.  Job descriptions shall 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 (1993).

 

Cross Reference:            405.2  Licensed Employee Qualifications, Recruitment, Selection

                                       411.2  Classified Employee Qualifications, Recruitment, Selection

 

 

 

 

 

 

Approved:  8/23/94                   

Reviewed:  04/08/96; 4/12/99; 4/12/04; 5/11/10/09; 4/09/14; 7/2/19; 4/16/24        

Revised            

                                                                  

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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 without regard to age, race, creed, color, sex, national origin, religion, sexual orientation, gender identity or disability.  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 Workforce Development fgor posting on IowaWorks.gov, the online state job posting system.  Additional announcement of the position will be through means the superintendent believes will inform potential applicants about the position.

Applications for employment may be obtained from and completed applications will be returned to the central administration office.  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 (1994).

                                    42 U.S.C. §§ 2000e et seq. (1994)

                                    42 U.S.C. §§ 12101 et seq. (1994).

                                    Iowa Code §§ 35C; 216; 279.8; 294.1 (2003).

 

 

Cross Reference:        401.1  Equal Employment Opportunity

                                    411  Classified Employees - General

                                               

 

 

Approved:  8/23/94                   

Reviewed:  04/08/96; 4/1/99; 4/12/04; 5/11/09; 4/9/14; 7/2/19; 4/16/24             

Revised:  08/16/04; 8/13/07; 4/16/24                                                                       

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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.

If a classified employee is issued a contract, each contract will include a fourteen-day cancellation clause.  Either the employee or the board must give notice of the intent to cancel the contract at the end of fourteen days.  This notice will not be required when the employee is terminated during a probationary period or for reasonable cause.

Classified employees may receive a job description stating the specific performance responsibilities of their position.

If a classified employee is issued a contract, each contract will include a fourteen day cancellation clause. 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) (2003).

 

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

 

 

                               

Approved:  8/23/94                   

Reviewed:  04/08/96; 4/12/99; 4/12/04; 4/09/14; 7/2/19; 4/16/24             

Revised:  08/16/04; 5/11/09      

                                            

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  411.4

CLASSIFIED EMPLOYEE LICENSING/CERTIFICATION

Classified employees who require a special license or other certification shall 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 and by the Iowa Department of Education for the position.

 

 

Legal Reference:        Iowa Code §§ 272.6; 285.5(9) (1993).

                                    281 I.A.C. 12.4(10); 36; 43.12-.24.

 

 

Cross Reference:         405.2  Licensed Employee Qualifications, Recruitment, Selection

                                    411.2  Classified Employee Qualifications, Recruitment, Selection

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  8/23/94                   

Reviewed:  04/08/96; 4/12/99; 4/12/04; 5/11/09; 4/09/14; 7/2/19; 4/16/24             

Revised            

                     

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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 shall consider the qualifications of each classified employee and the needs of the school district.

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

 

 

Legal Reference:        Iowa Code §§ 20; 279.8 (1993).

 

Cross Reference:         200.2  Powers of the Board of Directors

                                    200.3  Responsibilities of the Board of Directors

                                    405.6  Licensed Employee Assignment

 

 

 

 

 

 

 

 

 

 

 

 

Approved:  8/2/94                     

Reviewed:  04/08/96; 4/12/99; 4/12/04; 5/11/09; 4/09/14; 7/2/19; 4/16/24                    

Revised            

                                                     

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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 shall 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 shall be the responsibility of the superintendent to transfer classified employees and report such transfers to the board.

 

 

Legal Reference:        29 U.S.C. §§ 621-634 (1988).

                                    42 U.S.C. §§ 2000e et seq. (1988)

                                    42 U.S.C. §§ 12101 et seq. (Supp. 1990).

                                    Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1 (1993).

 

 

Cross Reference:         200.2  Powers of the Board of Directors

                                    200.3  Responsibilities of the Board of Directors

                                    405.7  Licensed Employee Transfers

 

 

 

 

Approved:  8/23/94                   

Reviewed:  04/08/96; 4/12/99; 4/12/04; 5/11/09; 4/09/14; 7/2/19; 4/16/24                     

Revised            

 

                                                                     

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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 annually.  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 (2007).

                             281 I.A.C. Ch 83; 12.3(4).

 

 

Cross Reference:        411.2   Classified Employee Qualifications, Recruitment, Selection

                                    411.8   Classified Employee Probationary Status

 

 

 

 

 

 

Approved:  08/23/94         

Reviewed:  04/08/96; 4/12/99; 4/12/04; 5/11/09; 4/09/14; 7/2/19; 4/16/24                 

Revised:  10/14/08                  

                                                              

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  411.8

CLASSIFIED EMPLOYEE PROBATIONARY STATUS

The first year of a newly employed classified employee's contract shall be a probationary period.  "Day" shall be defined as one work day regardless of full-time or part-time status of the employee.  New employees, regardless of experience, shall be subject to this probationary period.

"New" employees includes 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.  During this probationary period the board may terminate classified employees' contracts at any time.

 

 

Legal Reference:        Iowa Code §§ 20; 279.8 (1993).

 

Cross Reference:         405.9  Licensed Employee Probationary Status

                                    411.3  Classified Employee Contracts

 

 

 

 

 

 

Approved:  8/23/94                   

Reviewed:  04/08/96; 4/12/99; 4/12/04; 5/11/09; 4/09/14; 7/2/19; 4/16/24                     

Revised            

 

                                                      

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  412.1

CLASSIFIED EMPLOYEE COMPENSATION

The board shall 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 shall be 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 (1993).

 

Cross Reference:         411.3  Classified Employee Contracts

                                    411.7  Classified Employee Evaluation

                                    412.2  Classified Employee Wage and Overtime Compensation

 

 

 

 

 

Approved:  8/23/94                   

Reviewed:  04/08/96; 4/12/99; 4/12/04; 5/11/09; 4/09/14; 8/13/19; 4/16/24                      

Revised:             

                                                                 

 

 

 

 

 

 

 

 

 

 

Code No.  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 shall be compensated at one and one-half times their regular hourly wage rate.  This compensation shall be 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. §§ 206 et seq. (1988).

                                    29 C.F.R. Pt. 511-800 (1990).

 

Cross Reference:         411.1  Classified Employee Defined

                                    411.3  Classified Employee Contracts

                                    412.1  Classified Employee Compensation

 

 

 

 

Approved  8/23/94                   

Reviewed  04/08/96; 4/12/99; 4/12/04; 5/11/99; 4/09/14; 8/13/19; 4/16/24                     

Revised            

                                      

 

 

 

 

 

Code No.  412.3

 

CLASSIFIED EMPLOYEE GROUP BENEFITS

 

Classified employees may be eligible for group insurance benefits as determined by the board and required by law.  The board will select the group insurance program and the insurance company which will provide the program. Since the district employs less than an average of at least 50 full-time employees (including an equivalent for part-time employees), the district is not subject to the ACAs Employer Mandate.

 

Classified employees who work 35 hours per week are eligible to participate in the group health insurance plan. Regular part-time classified employees who wish to purchase insurance coverage may participate in group insurance programs by meeting the requirements of the insurer. Regular classified employees who wish to purchase insurance coverage for their spouse or dependents may do so by meeting the requirements of the insurer.

 

This policy statement does not guarantee a certain level of benefits.  The board shall have the authority and right to change or eliminate group insurance programs for its licensed employees.

 

 

 

 

 

 

 

 

 

Legal Reference:  Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B (2013).

      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:   706       Payroll Procedures

                               405.1    Licensed Employees Defined

 

 

 

 

Approved:  08/23/94          

Reviewed:  01/08/96; 1/18/99; 1/12/04; 2/10/09; 1/08/14; 8/13/19; 4/16/24        

Revised:  03/11/15            

 

Code No.  412.4

 

CLASSIFIED EMPLOYEE TAX SHELTER PROGRAMS

 

The board authorizes the administration to make a payroll deduction for classified employees' tax sheltered annuity premiums purchased from a company or program chosen by the board and collective bargaining units.

 

Classified employees wishing to have payroll deductions for tax sheltered annuities will make a written request to the superintendent.

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:           Iowa Code §§ 20.9; 294.16 (1993).

                                    1988 Op. Att'y Gen. 38.

                                    1976 Op. Att'y Gen. 462, 602.

                                    1966 Op. Att'y Gen. 211, 220.

 

 

Cross Reference:           706  Payroll Procedures

 

 

 

 

 

 

 

Approved: 8/23/94            

Reviewed:  04/08/96; 4/12/99; 4/12/04; 5/11/09; 4/09/14; 8/13/19; 4/16/24        

Revised:  01/14/09           

                                                                    

 

 

 

 

 

 

Code No.  413.1

 

CLASSIFIED EMPLOYEE RESIGNATION

 

Classified employees who wish to resign during the school year shall give the board notice of their intent to resign and final date of employment and cancel their contract fourteen days prior to their last working day.  In its discretion, the board may choose to not accept a resignation of a classified employee prior to finding a suitable replacement.

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:         Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9) (1993).

 

 

Cross Reference:         407.1  Licensed Employee Resignation

                                    411.3  Classified Employee Contracts

 

 

 

 

 

 

 

 

 

Approved:  8/23/94            

Reviewed:  04/18/96; 5/10/99; 5/12/04; 5/14/14; 8/13/19         

Revised:  07/13/09            

                                                               

 

 

 

Code No.  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, 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 shall be 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. (1988).

                                    Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46 (1993).

                                    581 I.A.C. 21.

                                    640 I.A.C. 3.1.

                                    1978 Op. Att'y Gen. 247.

                                    1974 Op. Att'y Gen. 11, 322.

 

 

Cross Reference:         407.3  Licensed Employee Retirement

                              

 

 

 

 

Approved:  8/23/94            

Reviewed:  04/08/96; 5/10/99; 5/12/04; 6/08/09; 5/14/14; 8/13/19         

Revised            

Code No.  413.3

 

CLASSIFIED EMPLOYEE SUSPENSION

 

Classified employees shall 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 shall be within the discretion of the superintendent to suspend a classified 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 (1993).

 

 

Cross Reference:         407.4  Licensed Employee Suspension

                                    413.4  Classified Employee Dismissal

 

 

 

 

 

 

Approved:  8/23/94            

Reviewed:  04/08/96; 5/10/99; 5/12/04; 6/08/09; 5/14/14; 8/13/19         

Revised            

                                                                   

 

 

 

Code No.  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 fourteen days notice or immediately for cause.  Appropriate due process procedures shall be followed.

 

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 (1993).

 

 

Cross Reference:           413.3  Classified Employee Suspension

 

 

 

 

 

Approved:  8/23/94                   

Reviewed:  04/08/96; 5/10/99; 5/12/04; 5/14/14; 8/13/19         

Revised:  07/13/09            

                                                 

 

 

 

Code No.  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 shall be given fourteen days notice.  Appropriate due process will be followed for terminations due to a reduction in force.

 

It shall be 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 (1993).

 

 

Cross Reference:        407.5  Licensed Employee Reduction in Force

                                    413.3  Classified Employee Suspension

                                    413.4  Classified Employee Dismissal

 

 

 

 

Approved:  8/23/94                   

Reviewed:  04/08/96; 5/10/99; 5/12/04; 5/14/14; 8/13/19         

Revised:  07/13/09            

                                                                

 

 

 

 

Code No.  413.6

 

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 shall be given fourteen days notice.  Appropriate due process will be followed for terminations due to a reduction in force.

 

It shall be 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 (1993).

 

 

Cross Reference:       407.5  Licensed Employee Reduction in Force

                                    413.3  Classified Employee Suspension

                                    413.4  Classified Employee Dismissal

 

 

 

 

Approved:  8/23/94                   

Reviewed:  04/08/96; 5/10/99; 5/12/04; 5/14/14; 8/13/19         

Revised:  07/13/09            

                                                                

 

 

 

 

Code No.  414.2

 

CLASSIFIED EMPLOYEE PERSONAL ILLNESS LEAVE

 

Classified employees shall be granted ten days of sick leave in their first year of employment.  Each year thereafter, one additional day of sick leave will be granted to the employees up to a maximum of fifteen days.  "Day" is defined as one work day regardless of full-time or part-time status of the employee.  A new employee shall 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.  Sick leave may be accumulated up to a maximum of 105 days for classified employees.

 

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 when the administration has a concern for 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 shall be within the discretion of the board and the superintendent to determine the type and amount of evidence necessary. 

 

If an employee is eligible to receive workers' compensation benefits, the employee shall 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).

                                    26 U.S.C. § 2601 et seq. (Supp. 1993)

                                    29 C.F.R. Pt. 825 (1993).

                                    Iowa  Code §§ 20; 85.33, .34, .38(3); 279.40 (1993).

                                    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

                                    414    Classified Employee Vacations and Leaves of Absence

 

 

Approved:  8/23/94            

Reviewed:  04/08/96; 5/10/99; 5/12/04; 6/08/09; 5/14/14; 8/13/19         

Revised            

                                                                

Code No.  414.4

 

CLASSIFIED EMPLOYEE BEREAVEMENT LEAVE

 

In the event of a death of a member of a classified employee's immediate family, bereavement leave may be granted.  Bereavement leave granted will be for a maximum of five days, with "day" being defined as one work day regardless of full-time or part-time status of the employee, per occurrence, for the death of a member of the immediate family.  The immediate family includes child, spouse, parent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or grandparent of the employee.

 

A maximum of three days of bereavement leave will be granted for the death of a close friend or other relative not listed above.

 

It shall be within the discretion of the superintendent to determine the number of bereavement leave days to be granted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:           Iowa Code §§ 20.9; 279.8 (1993).

 

 

Cross Reference:        409.4  Licensed Employee Bereavement Leave

                                    414    Classified Employee Vacations and Leaves of Absence

 

 

 

 

Approved:  8/23/94                   

Reviewed:  04/08/96; 5/10/99; 5/12/04; 6/08/09; 5/14/14; 8/13/19              

Revised            

                                                                   

 

 

Code No.  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 shall 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 fourteen days prior to the starting date of the requested leave.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:           Iowa Code ch. 55 (1993).

 

 

Cross Reference:        409.5  Licensed Employee Political Leave

                                    414    Classified Employee Vacations and Leaves of Absence

 

 

 

 

Approved:  8/23/94                   

Reviewed:  04/08/96; 5/10/99; 5/12/04; 5/14/14; 8/13/19         

Revised:  07/13/09            

                                                                      

 

Code No.  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.

 

Classified employees will receive their regular salary.  Any payment for jury duty shall be turned over to the school district.

 

When the classified employee is dismissed from jury duty, the employee shall report to the superintendent.  The employee shall be required to perform the employee's duties remaining to be completed that day.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:           Iowa Code §§ 20.9; 607A (1993).

 

 

Cross Reference:        409.6  Licensed Employee Jury Duty Leave

                                    414    Classified Employee Vacations and Leaves of Absence

 

 

 

Approved:  8/23/94            

Reviewed:  04/08/96; 5/10/99; 5/12/04; 6/08/09; 5/14/14; 8/13/19         

Revised            

                                                                    

Code No.  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 shall have a leave of absence for military service until the military service is completed.

 

The leave shall be 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 (1993).

 

 

Cross Reference:  409.7   Licensed Employee Military Service Leave

                              414     Classified Employee Vacations and Leaves of Absence

 

 

 

 

Approved:  8/23/94            

Reviewed:  04/08/96; 5/10/99; 5/12/04; 6/08/09; 5/14/14; 8/13/19         

Revised            

                                                                  

 

 

Code No.  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 shall 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 shall be made unless they are waived specifically by the superintendent.

 

The superintendent shall have complete discretion to grant or deny the requested unpaid leave.  In making this determination, the superintendent shall 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 shall be 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 (1993).

 

 

Cross Reference:  409.8   Licensed Employee Unpaid Leave

                              414     Classified Employee Vacations and Leaves of  Absence

 

 

 

 

 

Approved:  8/23/94            

Reviewed:  04/08/96; 5/10/99; 5/12/04; 6/08/09; 5/14/14; 8/13/19         

Revised            

                                                                    

 

Code No.  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 shall be 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 (1993).

 

 

Cross Reference:           408.1  Licensed Employee Professional Development

 

 

 

 

 

Approved:  8/23/94            

Reviewed:  04/08/96; 5/10/99; 5/12/04; 6/08/09; 5/14/14; 8/13/19         

Revised