The Creston Community School District will provide equal opportunity to employees and applicants for employment in accordance with applicable equal employment opportunity and affirmative action laws, directives and regulations of federal, state and local governing bodies.  Opportunity to all employees and applicants for employment includes hiring, placement, promotion, transfer or demotion, recruitment, advertising or solicitation for employment, treatment during employment, rates of pay or other forms of compensation, and layoff or termination.  The school district will take affirmative action in major job categories where women, men, minorities and persons with disabilities are underrepresented.  Employees will support and comply with the district's established equal employment opportunity and affirmative action policies.  Employees will be given notice of this policy annually.

The board will appoint an affirmative action coordinator.  The affirmative action coordinator will have the responsibility for drafting the affirmative action plan.  The affirmative action plan will be reviewed by the board at least every two years.

Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply.  In employing individuals, the board will consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, national origin, religion, age, sexual orientation, gender identity or disability.  In keeping with the law, the board will consider the veteran status of applicants.

Prior to a final offer of employment the school district will perform the background checks required by law. 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. The district will perform repeat background checks on applicable employees as required by law.

Advertisements and notices for vacancies within the district will contain the following statement:  "The Creston Community School District is an EEO/AA employer."  The statement will also appear on application forms.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Creston Community School District, Creston, Iowa; or by telephoning 641-782-7028. 

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Equal Employment Opportunity Commissions, Milwaukee Area Office, Reuss Federal Plaza, 310 West Wisconsin Ave., Suite 800, Milwaukee, WI., 53203-2292, (800) 669-4000 or TTY (800) 669-6820. http://www.eeoc.gov/field/milwaukee/index.cfm or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or 1-800-457-4416, http://www.state.ia.us/government/crc/index.html.  This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

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

NOTE:  This is a mandatory policy and reflects the law.   The district must perform an initial background check on all employees 18 years of age and older. For some licensed employees, background checks must be performed every 5 years.

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

Approved May, 16, 2022      Reviewed                    Revised  January 16, 2024 

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

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

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

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

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

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

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

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

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

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

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

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

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

Approved May 16, 2022    Reviewed ___________        Revised ___________ 

More than one family member may be an employee of the school district.  It is within the discretion of the superintendent to allow one family member employed by the school district to supervise another family member employed by the school district subject to the approval of the board.

The employment of more than one individual in a family is on the basis of their qualifications, credentials and records.

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

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

Approved May 16, 2022    Reviewed                        Revised                  

Complaints of employees against fellow employees should be discussed directly between employees as appropriate for the nature of the complaint.  Complaints should be made in a constructive and professional manner.  Complaints should generally not be made in the presence of other employees, students or outside persons.

If the complaint cannot be resolved, the employee may discuss the matter with their immediate supervisor.  If the matter cannot be resolved within 5 days of speaking with the immediate supervisor, the employee may discuss it with the principal within 5 days of the supervisor's decision.  If the matter cannot be resolved by the principal, the employee may discuss it with the superintendent within 5 days after speaking with the principal.

If the matter is not satisfactorily resolved by the superintendent, the employee may ask to have the matter placed on the board agenda of a regularly scheduled board meeting in compliance with board policy.  The board retains discretion as to whether to consider or take action on any complaint.

This policy is designed to create an appropriate process for pursuing general employee complaints.  However, employees wishing to address a complaint on a topic with a more specialized procedure such as master contract grievances, or bullying or harassment claims should follow the appropriate process set forth in the master contract, employee handbook or other board policies specific to that topic.

Legal Reference:    
Iowa Code §§ 20; 279.8

Cross Reference:    
210.8    Board Meeting Agenda

Approved May 16, 2022    Reviewed                        Revised                   

The school district will maintain personnel records on employees.  The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.

The records will include, but not be limited to, records necessary for the daily administration of the school district, salary records, evaluations, application for employment, references, and other items needed to carry out board policy.  Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility.  Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.

Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee.  The school district may charge a reasonable fee for each copy made.  Employees, however, will not be allowed access to the employment references written on behalf of the employee.  Board members will generally only have access to an employee's file when it is necessary because of an employee related matter before the board.

It is the responsibility of the superintendent to keep employees' personnel files current.  The board secretary is the custodian of employee records.

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

Legal Reference:    
Iowa Code chs. 20; 21; 22; 91B.

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

Approved May 16, 2022    Reviewed                        Revised                    

The district believes in taking appropriate measures to promote the health and welfare of all students.  Any school employee, volunteer, 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.  Sexual misconduct means physical or sexual abuse of students, including but not limited to sexual or physical relationships, grooming behavior, and otherwise inappropriate relationships with students.

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.

Note:  This is a mandatory policy.  The language stated in the policy reflects the standards established for schools receiving funding under the Every Student Succeeds Act. 

Legal References:     20 U.S.C. §7926

        Iowa Code 256;

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 May 16, 2022                           Reviewed                                Revised October 21, 2024

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

Travel Outside the School District

Travel outside of the school district must be pre-approved.  Pre-approval will include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business.  Travel outside the school district by employees, other than the superintendent, is pre-approved by the superintendent or an immediate supervisor.  Travel outside the school district by the superintendent shall be approved by the board president.

Reimbursement for actual and necessary expenses may be allowed for travel outside the school district if the employee received pre-approval for the travel.  Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed, itemized receipt, indicating the date, purpose and nature of the expense for each claim item.  In exceptional circumstances, the superintendent may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances is maintained as part of the school district's record of the claim.

Failure to have a detailed, itemized receipt will make the expense a personal expense.  Personal expenses, including mileage, in excess of that required for the trip shall be submitted by the employee to the school district no later than the sixth of each month.  

Reimbursement for actual and necessary expenses for travel outside the school district will be limited to the pre-approved expenses.  Pre-approved expenses for registration are limited to the actual cost of the registration. Travel costs for a spouse or anyone other than the district employee shall be a personal expense not reimbursed by the district.

The school board shall review and approve a District Reimbursement Schedule prior to the new fiscal year which is July 1.

Travel Within the School District

Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position.  It is the responsibility of the superintendent to approve travel within the school district by employees.  It is the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.

Use of District-Owned Vehicles

Certain district employment positions may require regular and extensive travel.  Due to the required duties of these positions, the district may provide certain positions with use of district-owned vehicles.  Employees who utilize district-owned vehicles during the course of their job duties are fulfilling the public purpose of meeting the needs of the educational community in an efficient, and time-sensitive manner.  District-owned vehicles are purchased and maintained with public money and must be used strictly in accordance with fulfilling a public purpose.  These vehicles represent the district in carrying out its educational mission.  Therefore, district-owned vehicles will be clearly marked at all times to identify the district.  

The superintendent is responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment and proper use of school district vehicles.  The administrative regulations will include the appropriate forms to be filed for reimbursement to the employee from the school district and the procedures for obtaining approval for travel outside of and within the school district.

Legal Reference:    
Iowa Constitution, Art. III, § 31.
Iowa Code §§ 70A.9-.11.

Cross Reference:    
216.3    Board of Directors' Member Compensation and Expenses
401.6    Transporting of Students by Employees
401.10    Credit Cards
904.1    Transporting Students in Private Vehicles

Approved May 16, 2022    Reviewed                        Revised                   

The board recognizes and appreciates the service of its employees.  Employees who retire or resign may be honored by the board, administration and staff in an appropriate manner.

If the form of honor thought appropriate by the administration and employees involves unusual expense to the school district, the superintendent will seek prior approval from the board.

Legal Reference:    
Iowa Const. Art. III, § 31.
Iowa Code § 279.8 

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

Approved May 16, 2022    Reviewed                        Revised                   

Employees will not engage in political activity upon property under the jurisdiction of the board including the use of school district 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:    
409.2 – Employee Leaves of Absence

Approved May 16, 2022    Reviewed                        Revised                   

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 a designated representative from the Central Office.  Regular employees ineligible for the school district's group health plan will be given information regarding where they can obtain health care or health care insurance.

Legal Reference:    
Iowa Code §§ 20; 279.8.
191 I.A.C. 74.

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

Approved May 16, 2022    Reviewed                        Revised                  

The use of cell phones and other communication devices may be appropriate to provide for the effective and efficient operation of the School district and to help ensure safety and security of people and property while on School district property or engaged in school-sponsored activities.

The Board authorizes the purchase and employee use of cell phones as deemed appropriate by the superintendent.  School district-owned cell phones shall be used for authorized school district business purposes, consistent with the school district’s mission and goals.

Use of cell phones in violation of board policies, administrative regulations, and/or state/federal laws will result in discipline, up to and including dismissal, and referral to law enforcement officials, as appropriate.

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

Employees may possess and use cell phones during the school day as outlined in this policy and as provided in the administrative regulation developed by the superintendent.  Employees should not use cell phones for personal business while on-duty, including staff development times, parent-teacher conferences, etc., except in the case of an emergency or during prep time or break/lunch times.  Employees, except for bus drivers, see below, are prohibited from using cell phones while driving except in the case of an emergency and any such use must comply with applicable state and federal law and district policies and regulations.  

Cell phones are not to be used for conversations involving confidential student or employee information.  School district-provided cell phones devices are not to be loaned to others.

School bus drivers are prohibited from using any communication device while operating the bus except in the case of an emergency, or to call for assistance, after the vehicle has been stopped.  Any such use must comply with applicable state and federal law and district policies and regulations.

Certain positions within the district may require the regular use of cell phones to conduct district business.  These employees may purchase and/or maintain cell phones and related equipment, at their own expense, to make themselves accessible to the district and to conduct district business more efficiently.  The superintendent has discretion to determine which district positions qualify for a cell phone allowance.  The monthly cell phone allowance amount shall be established by the superintendent and/or the board.  Employees who utilize their personal cell phones in accordance with this policy shall do so in accordance with this policy and accompanying procedures.  The cell phone allowance is neither permanent nor guaranteed.  The district reserves the right to rescind the allowance at any time for a violation of district policy or regulation or for any other reason.  

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 May 16, 2022    Reviewed                        Revised                  

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 their role within the district.  Employee expression on social media platforms that interferes with the district’s operations or prevents the district from functioning efficiently and effectively may be subject to discipline up to and including termination.

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

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

NOTE:  This is a mandatory policy required by Iowa Code 279.73.

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

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

Iowa Code §§ 279.73; .74; 280.22 

Cross Reference: 502.3 Student Expression

504.3 Student Publications
 

Approved May 16, 2022          Reviewed                                      Revised Nov. 21, 2022

The following information will be released to an entity with whom an employee has applied for credit or has obtained credit:  title of position, income, and number of years employed.  This information will be released without prior written notice to the employee.  Confidential information about the employee will be released to an inquiring creditor with a written authorization from the employee.

It is the responsibility of the board secretary or superintendent to respond to inquiries from creditors.

Legal Reference:    
Iowa Code §§ 22.7; 279.8.

Cross Reference:    
401.5    Employee Records

Approved May 16, 2022    Reviewed                        Revised                  

Physical or sexual abuse of students, including but not limited to sexual or physical relationships, grooming behavior, and otherwise inappropriate relationships with students 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 and timely reporting to all relevant agencies as required by law.  The processing of a complaint or allegation will be handled confidentially to the maximum extent possible.  Employees are required to assist in the investigation when requested to provide information and to maintain the confidentiality of the reporting and investigation process.

The school district has appointed a Level I investigator and alternate Level I investigator.  The school district has also arranged for a trained, experienced professional to serve as the Level II investigator.  The Level I investigator and alternate will be provided training in the conducting of an investigation at the expense of the school district.  The names of the investigators are listed in the student handbook published annually in the local newspaper and posted in all school facilities.

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

NOTE:  This policy is a reflection of current Iowa law regarding abuse of students by school district employees.  Refer to the Iowa Department of Education training manual for supporting materials and forms: https://educate.iowa.gov/media/9556/download?inline=.

The last sentence of the third paragraph is mandatory in the law and is an item in the DE accreditation report.

Legal Reference:           Iowa Code §§ 232.67, .70, .73, .75; 235A; 256.160; 272A; 280.17; 709; 728.12(1). 281 I.A.C. 12.3(6), 102; 103.441 I.A.C. 155; 175.

Cross Reference:

104. Bullying/Harassment

402.2 Child Abuse Reporting

503.5. Corporal Punishment

Approved   May 16, 2022                      Reviewed                       Revised  October 21, 2024

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

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

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

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

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

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

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

It is the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.

NOTE:  This policy is a reflection of the current Iowa law regarding gifts to school district employees.

Legal References:    
Iowa Code ch. 68B

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

Approved May 16, 2022    Reviewed                        Revised                  

The board believes the primary responsibility of employees is to the duties of their position within the school district as outlined in their job description.  The board considers an employee's duties as part of a regular, full-time position as full-time employment.  The board expects such employees to give the responsibilities of their positions in the school district precedence over any other employment.

It is the responsibility of the superintendent to counsel employees, whether full-time or part-time, if, in the judgment of the superintendent and the employee's immediate supervisor, the employee's outside employment interferes with the performance of the employee's duties required in the employee's position within the school district.

The board may request the employee to cease the outside employment as a condition of continued employment with the school district.

Legal Reference:    
Iowa Code §§ 20.7; 279.8.

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

Approved May 16, 2022    Reviewed                        Revised                   

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

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

Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations to the extent job-related and consistent with business necessity, when requested to do so, at the expense of the school district.

The district will comply with occupational safety and health requirements as applicable to its employees in accordance with law.

Legal Reference:    
29 C.F.R. § 1910.1030.
49 C.F.R. §§ 391.41 – 391.49.
Iowa Code §§ 20; 279.8; 321.376.
281 I.A.C. 43.15; 43.17.

Cross Reference:    
403    Employees' Health and Well-Being

Approved May 16, 2022    Reviewed                                Revised                   

When an employee becomes seriously injured on the job, the employee’s supervisor will attempt to notify a member of the family, or an individual of close relationship, as soon as the employee’s supervisor becomes aware of the injury.

If possible, an employee may administer emergency or minor first aid.  An injured employee will be turned over to the care of the employee's family or qualified medical employees as quickly as possible.  The school district is not responsible for medical treatment of an injured employee. It is the responsibility of the employee injured on the job to inform their supervisor as soon as reasonably possible.  

Legal Reference:    
Iowa Code §§ 85; 279.40; 613.17. 

Cross Reference:    
403    Employees' Health and Well-Being
409.2    Employee leaves of Absence

Approved May 16, 2022    Reviewed                        Revised                  

Employees with a communicable disease will be allowed to perform their customary employment duties provided they are able to perform the essential functions of their position and their presence does not create a substantial risk of illness or transmission to students or other employees.  The term "communicable disease" will mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.

Prevention and control of communicable diseases is included in the school district's bloodborne pathogens exposure control plan.  The procedures will include scope and application, definitions, exposure control, methods of compliance, universal precautions, vaccination, post-exposure evaluation, follow-up, communication of hazards to employees and record keeping.  This plan is reviewed annually by the superintendent and school nurse.

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

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

It is the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with employees with a communicable disease.

Legal Reference:    
29 U.S.C. §§ 794, 1910.
42 U.S.C. §§ 12101 et seq.
45 C.F.R. Pt. 84.3.
Iowa Code chs. 139A; 141A.
641 I.A.C. .1, .2, .7.

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

Approved May 16, 2022    Reviewed                        Revised                  

The board authorizes the development of a comprehensive hazardous chemical communication program for the school district to disseminate information about hazardous chemicals in the workplace.

Each employee will annually review information about hazardous substances in the workplace.  When a new employee is hired or transferred to a new position or work site, the information and training, if necessary, is included in the employee's orientation.  When an additional hazardous substance enters the workplace, information about it is distributed to all employees, and training is conducted for the appropriate employees.  The superintendent will maintain a file indicating which hazardous substances are present in the workplace and when training and information sessions take place.

Employees who will be instructing or otherwise working with students will disseminate information about the hazardous chemicals with which they will be working as part of the instructional program.  

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

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 May 16, 2022    Reviewed                        Revised            

The board expects the school district and its employees to remain substance free.  No employee will unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of, in the workplace, any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance or alcoholic beverage as defined by federal or state law.  "Workplace" includes school district facilities, school district premises or school district vehicle, also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

If an employee is convicted of a violation of any criminal drug offense committed in the workplace, the employee will notify the employee's supervisor of the conviction within five days of the conviction.

The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee.  An employee who violates the terms of this policy may be subject to discipline up to and including termination.  An employee who violates this policy may be required to successfully participate in a substance abuse treatment program approved by the board. If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination.  

The superintendent is responsible for publication and dissemination of this policy to each employee.  In addition, the superintendent will oversee the establishment of a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment programs.

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

Legal Reference:    
41 U.S.C. §§ 81
42 U.S.C. §§ 12101 et seq.
34 C.F.R. Pt. 85
Iowa Code §§ 123.46; 124; 279.8.

Cross Reference:    
404    Employee Conduct and Appearance

Approved May 16, 2022    Reviewed                        Revised                   

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand one pounds or more.  For purposes of the drug and alcohol testing program, the term "employees" includes applicants who have been offered a position to operate a school vehicle.

The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing.  Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol.  Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the school district contact person, Transportation Director.

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

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

The superintendent will also be responsible for publication and dissemination of this policy and supporting administrative regulations and forms to employees operating school vehicles.  The superintendent will also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.

IASB Drug and Alcohol Testing Program (IDATP) Web site:  
https://www.ia-sb.org/Main/Affiliated_Programs/Iowa_Drug_Alcohol_Testin….

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

Employees who violate the terms of this policy may be subject to discipline up to and including termination at the discretion of the school district.  Employees who violate this policy, as a condition of continued employment, will be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program, recommended by the substance abuse professional.  Employees required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

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

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

Legal Reference:        
American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 Cir. (4th 1995).
49 U.S.C. §§ 5331 et seq.
42 U.S.C. §§ 12101.
41 U.S.C. §§ 81.
49 C.F.R. Pt. 40; 382; 39.
34 C.F.R. Pt. 85.
Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington, PERB No. 3876 (3-26-91).
 Iowa Code §§ 124; 279.8; 321.375(2); 730.5.
    
Cross Reference:        
403.5    Substance-Free Workplace
409.2    Employee Leaves of Absence

Approved May 16, 2022        Reviewed                                Revised  __________

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

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:
Any of the following forcible felonies included in Iowa Code section 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping;
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;
Incest involving a child as prohibited by Iowa Code section 726.2;
Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code section 728.2;
Telephone dissemination of obscene material to minors as prohibited by Iowa Code section 728.15;
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
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).
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:
The nature and seriousness of the crime or founded abuse in relation to the position sought;
The time elapsed since the crime or founded abuse was committed;
The degree of rehabilitation which has taken place since the crime or founded abuse was committed;
The likelihood that the person will commit the same crime or abuse again;
The number of criminal convictions or founded abuses committed; and
Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.
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.
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).
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:

Committing any act of physical abuse of a student;
Committing any act of dependent adult abuse on a dependent adult student;
Committing or soliciting any sexual or otherwise indecent act with a student or any minor;
Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student;
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;
Failing to report any suspected act of child or dependent adult abuse as required by state law; or
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:
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.
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:
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.
Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.
Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.
Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282—Chapter 20.
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:
Failing to account properly for funds collected that were entrusted to the practitioner in an educational context.
Converting public property or funds to the personal use of the practitioner.
Submitting fraudulent requests for reimbursement of expenses or for pay.
Combining public or school-related funds with personal funds.
Failing to use time or funds granted for the purpose for which they were intended.
25.3(5) Standard V—violations of contractual obligations.
Violation of this standard includes:
Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract, unless the practitioner provided notice to the practitioner’s employing board as set forth in subparagraph 25.3(5)“b”(2).
Abandoning a written professional employment contract without prior unconditional release by the employer.
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.

As a practitioner, executing a written professional employment contract which requires the performance of duties that the practitioner is not legally qualified to perform.
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:
The practitioner obtained a release from the employing board before discontinuing services under the contract; or
The practitioner provided notice to the employing board no later than the latest of the following dates:
The practitioner’s last work day of the school year;
The date set for return of the contract as specified in statute; or
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:
Denying the student, without just cause, access to varying points of view.
Deliberately suppressing or distorting subject matter for which the educator bears responsibility.
Failing to make reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.
Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.
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.
Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.
Accepting gifts from vendors or potential vendors where there may be the appearance of or an actual conflict of interest.
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.
Refusing to participate in a professional inquiry when requested by the board.
Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.
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.
Delegating tasks to unqualified personnel.
Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.
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.
Falsifying, forging, or altering a license issued by the board.
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.
Failure of a school official responsible for assigning licensed practitioners holding contracts under Iowa Code section 279.13 to adjust an assignment if the practitioner discloses to the official that the practitioner is not properly licensed for an assignment.

25.3(7) Standard VII—compliance with state law governing obligations to state or local governments, child support obligations, and board orders. Violation of this standard includes:
Failing to comply with 282—Chapter 8 concerning payment of debts to state or local governments.
Failing to comply with 282—Chapter 10 concerning child support obligations.
Failing to comply with a board order.
25.3(8) Standard VIII—incompetence. Violation of this standard includes, but is not limited to:
Willfully or repeatedly departing from or failing to conform to the minimum standards of acceptable and prevailing educational practice in the state of Iowa.
Willfully or repeatedly failing to practice with reasonable skill and safety.

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:

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

2. 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.

3. 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.

4. 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).

5. 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:

1. 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.

2. 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:

1. 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.

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

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

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

5. 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:

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

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

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

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

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

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

1. Violation of this standard includes:

1. Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract, unless the practitioner provided notice to the practitioner’s employing board as set forth in subparagraph 25.3(5)“b”(2).

2. Abandoning a written professional employment contract without prior unconditional release by the employer.

3. As an employer, executing a written professional employment contract with a practitioner which requires the performance of duties that the practitioner is not legally qualified to perform.

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

2. 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:

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

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

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

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

5. 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.

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

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

8. 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.

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

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

11. 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.

12. Delegating tasks to unqualified personnel.

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

14. Allowing another person to use one’s practitioner license for any purpose.

15. Performing services beyond the authorized scope of practice for which the individual is licensed or prepared or performing services without holding a valid license.

16. Falsifying, forging, or altering a license issued by the board.

17. 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.

18. Failure of a school official responsible for assigning licensed practitioners holding contracts under Iowa Code section 279.13 to adjust an assignment if the practitioner discloses to the official that the practitioner is not properly licensed for an assignment.

25.3(7) Standard VII—compliance with state law governing obligations to state or local governments, child support obligations, and board orders. Violation of this standard includes:

1. Failing to comply with 282—Chapter 8 concerning payment of debts to state or local governments.

2. Failing to comply with 282—Chapter 10 concerning child support obligations.

3. Failing to comply with a board order.

25.3(8) Standard VIII—incompetence. Violation of this standard includes, but is not limited to:

1. Willfully or repeatedly departing from or failing to conform to the minimum standards of acceptable and prevailing educational practice in the state of Iowa.

2. Willfully or repeatedly failing to practice with reasonable skill and safety.

chapter 26
 

282—26.1 (272)  Purpose. The code of professional conduct and ethics in 282—Chapter 25 defines unprofessional and unethical conduct justifying disciplinary sanction. The board acknowledges that the discharge of professional obligations should occur in recognition of certain fundamental rights and responsibilities. Accordingly, the board recognizes the following rights and responsibilities of all educators licensed under Iowa Code chapter 272 and agrees that the exercise of these rights and responsibilities may present mitigating facts and circumstances in the board’s evaluation of allegations of unprofessional or unethical conduct.

282—26.2 (272) Rights. Educators licensed under Iowa Code chapter 272 have the following rights:

1.    The educator has a right to be licensed and endorsed under professional standards established and enforced by the board.

2. The educator has a right to refuse assignments for which the educator is not legally authorized, in terms of holding a valid Iowa license with the appropriate endorsement(s) or approval(s).

3. The educator has a right, subject to board and administrator authority, to exercise professional judgment in the evaluation, selection, and use of teaching methods and instructional materials appropriate to the needs, abilities, and background of each student.

282—26.3 (272) Responsibilities. Educators licensed under Iowa Code chapter 272 have the following responsibilities:

1. The educator has a responsibility to maintain and improve the educator’s professional competence.

2. The educator has a responsibility to accept only those assignments for which the educator is legally authorized.

3. The educator has a responsibility to provide conditions that are conducive to teaching and student learning.

4. The educator shall protect students from conditions harmful to learning or to health or safety.

5. The educator shall not, without just cause, restrain a student from independent action in the pursuit of learning and shall not, without just cause, deny a student access to varying points of view.

6. The educator shall not use professional relationships with students for personal advantage.

7. The educator shall not discriminate against any student on the grounds of race, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin.

8. The educator shall accord just and equitable treatment to all members of the profession.

9. The educator shall keep in confidence personally identifiable information regarding a student or the student’s family members that has been obtained in the course of professional service, unless disclosure is required by law or is necessary for the personal safety of the student or others.

10. The educator who has reasonable basis to believe that a student has been abused, as defined by law, shall make all reports required by law and the Iowa Administrative Code and which are necessary to ensure the safety and well-being of the student.

11. In the administration of discipline, the educator shall treat all students with respect and in compliance with all policies of the school district served by the educator.

12. The educator shall provide accurate, truthful, and complete information to the board and to the local education system concerning all licensure transactions.

13. The educator shall not refuse to participate in a professional inquiry, when requested by the board.

14. The educator shall not require or direct another educator to violate any provisions of the code of professional conduct and ethics or any rights of a student, parent, educator or citizen.

15. The educator shall not delegate assigned tasks to unqualified personnel.

Licensed employees, including administrators, are those employees required to hold an appropriate license from the Iowa Department of Education for their position as required by the Board of Educational Examiners or others with professional licenses.  Licenses required for a position will be considered met if the employee meets the requirements established by the Iowa Department of Education.

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

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

Legal Reference:    
Clay v. Independent School District of Cedar Falls, 187 Iowa 89, 174 N.W. 47
(1919).
Iowa Code §§ 256.7(3); 272; 279.8.
281 I.A.C. 12.4
282 I.A.C. 14.
   
Cross Reference:    
405.2    Licensed Employee Qualifications, Recruitment Selection
410.1    Substitute Teachers
411.1    Classified Employee Defined

Approved May 16, 2022    Reviewed                        Revised                   

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

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

Legal Reference:    
Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).
Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 467 (1927).
Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).
Iowa Code chs. 20; 279.

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

Approved May 16, 2022    Reviewed                        Revised                   

Contracts entered into with licensed employees, other than an administrator, will continue from year to year except as modified or terminated as provided by law. The board may issue temporary and nonrenewable contracts in accordance with law.

Licensed employees whose contracts will be recommended for termination by the board will receive due process as required by law.  The superintendent will make a recommendation to the board for the termination of the licensed employee's contract.

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

Legal Reference:    
Ar-We-Va Community School District v. Long and Henkenius, 292 N.W.2d 402 (Iowa 1980).
Bruton v. Ames Community School District, 291 N.W.2d 351 (Iowa 1980).
Hartman v. Merged Area VI Community College, 270 N.W.2d 822 (Iowa 1978).
Keith v. Community School District of Wilton in the Counties of Cedar and Muscatine, 262 N.W.2d 249 (Iowa 1978).
Iowa Code §§ 20; 272; 279.

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

Approved May 16, 2022    Reviewed                        Revised                   

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

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

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

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

Legal Reference:    
Iowa Code §§ 20; 279.8

Cross Reference:    
200.2    Powers of the Board of Directors

Approved May 16, 2022    Reviewed                        Revised                   

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

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

Legal Reference:    
Iowa Code §§ 20; 279.8

Cross Reference:    
200.2    Powers of the Board of Directors

Approved May 16, 2022    Reviewed                        Revised                   

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

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

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

Legal Reference:    
Iowa Code §§ 20; 216.14; 279.8.

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

Approved May 16, 2022    Reviewed                        Revised                   

Evaluation of licensed employees on their skills, abilities, and competence is an ongoing process supervised by the building principals and conducted by approved evaluators.  The goal of the formal evaluation of licensed employees, other than administrators, but including extracurricular employees, is to improve the education program, to maintain licensed employees who meet or exceed the board's standards of performance, to clarify the licensed employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.

The formal evaluation criteria is in writing and approved by the board.  The formal evaluation will provide an opportunity for the evaluator and the licensed employee to discuss performance and the future areas of growth.  The formal evaluation is completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file.  This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence.  

Licensed employees will be required to:

• Demonstrate the ability to enhance academic performance and support for and implementation of the school district’s student achievement goals.
• Demonstrate competency in content knowledge appropriate to the teaching position.
• Demonstrate competency in planning and preparation for instruction.
• Use strategies to deliver instruction that meets the multiple learning needs of students.
• Use a variety of methods to monitor student learning.
• Demonstrate competence in classroom management.
• Engage in professional growth.
• Fulfill professional responsibilities established by the school district.

It is the responsibility of the superintendent to ensure licensed employees are evaluated.  New and probationary licensed employees are evaluated at least twice each year.

Legal Reference:    
Iowa Code §§ 20.9; 279; 284; 294.
Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).
Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).
281 I.A.C. 83; 12.3.

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

Approved May 16, 2022    Reviewed                        Revised                  

The first three consecutive years of a licensed employee's contract is a probationary period unless the employee has already successfully completed the probationary period in an Iowa school district.  New employees who have successfully completed a probationary period in a previous Iowa school district will serve a two year probationary period.  For purposes of this policy, an employee will have met the requirements for successfully completing a probationary period in another Iowa school district if, at the teacher’s most recent performance evaluation, the teacher received at least a satisfactory or better evaluation and the individual has not engaged in conduct which would disqualify the teacher for a continuing contract.   

Only the board, in its discretion, may waive the probationary period.  The board may extend the probationary period for one additional year with the consent of the licensed employee.  The board will make the decision to extend or waive a licensed employee's probationary status based upon the superintendent's recommendation.  During this probationary period the board may terminate the licensed employee's contract at the end of the year without cause or immediately discharge the employee consistent with applicable law and board policies.

Legal Reference:    
Iowa Code §§ 279

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

Approved May 16, 2022    Reviewed                        Revised                  

The board will establish compensation for licensed employees' positions keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other factors deemed relevant by the board.

It is the responsibility of the superintendent to make a recommendation to the board annually regarding licensed employee compensation.  The base wages of licensed employees are subject to review and modification through the collective bargaining process.

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

Cross Reference:    
405    Licensed Employees - General
406.2    Licensed Employee Compensation Advancement

Approved May 16, 2022    Reviewed                        Revised                  

The board will determine if licensed employees will advance in compensation for their licensed employees' positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

It is the responsibility of the superintendent to make a recommendation to the board for the advancement of licensed employees.

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

Cross Reference:    
405    Licensed Employees - General
406    Licensed Employee Compensation and Benefits

Approved May 16, 2022    Reviewed                        Revised                   

Continued education on the part of licensed employees may entitle them to advancement in compensation.  Licensed employees who have completed additional hours may be considered for advancement.  The board may determine which licensed employees will advance in compensation for continued education keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and any other items deemed relevant by the board.

Licensed employees who wish to obtain additional education for advancement must notify their supervisor by July 15of the school year preceding the actual year when advancement occurs.  The superintendent has the discretion to approve credit outside the employee's area of endorsement or responsibility.

It is the responsibility of the superintendent to make a recommendation to the board for the advancement of a licensed employee.

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

Cross Reference:    
405    Licensed Employees - General
406    Licensed Employee Compensation and Benefits

Approved May 16, 2022    Reviewed                        Revised                  

A licensed employee may volunteer or be required to take on extra duty, with the extra duty being secondary to the major responsibility of the licensed employee.  The board may, in its sole discretion, establish compensation for extra duty licensed employee positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

Vacant extra duty positions, for which extra compensation will be earned, will be posted to allow qualified licensed employees to volunteer for the extra duty.  If no licensed employee volunteers for extra duty, the superintendent will assign the extra duty positions to qualified licensed employees.  The licensed employee will receive compensation for the extra duty required to be performed.

It is the responsibility of the superintendent to make a recommendation to the board annually as to which licensed employees will have the extra duty, and the compensation for extra duty, for the board's review.

Legal Reference:    
Iowa Code §§ 279.8, .13-.15, .19A-B.

Cross Reference:    
405    Licensed Employees - General
406    Licensed Employee Compensation and Benefits

Approved May 16, 2022    Reviewed                        Revised                  

Licensed employees may be eligible for group benefits as determined by the board and required by law. The board will select the group benefit program(s) and the insurance company or third party administrator which will provide or administer the program.

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, with minimum essential coverage that is both affordable and provides minimum value. The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees.

Licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan. Licensed employees who work 32 per week are eligible to participate in health, life, and long term disability   group insurance plans. Employers should maintain documents regarding eligible employees' acceptance and rejection of coverage.

Regular part-time employees (i.e., employees who work less than 30 hours per week or 130 hours per month for health benefit purposes or employees who work less than per week for benefits other than health) who wish to purchase coverage may participate in group benefit programs by meeting the requirements of the applicable plan. Full-time and regular part-time licensed employees who wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.

Licensed employees and their spouse and dependents may be allowed to continue coverage of the school district's group health program if they cease employment with the school district by meeting the requirements of the plan.  

Legal Reference:    
Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B.
Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).
Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).
Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014).

Cross Reference:    
405.1    Licensed Employee Defined
706.2    Payroll Deductions

Approved May 16, 2022    Reviewed                        Revised                   

Employees may elect to have amounts withheld from their pay for items authorized by law, subject to agreement of the district. The board may authorize the administration to make a payroll deduction for licensed employees' tax-sheltered annuity premiums purchased from a company or program if chosen by the board.

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

Legal Reference:    
Iowa Code §§ 260C; 273; 294.16.          

Cross Reference:    
706    Payroll Procedures

Approved May 16, 2022    Reviewed                        Revised                  

A licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the board for return of the contract.  This applies to regular contracts for the licensed employee's regular duties and for an extracurricular contract for extra duty.  Resignations of this nature will be accepted by the board.

The board may require an individual who has resigned from an extracurricular contract to accept the resigned position for only the subsequent school year when the board has made a good faith effort to find a replacement and the licensed employee is continuing to be employed by the school district.

Legal Reference:    
Iowa Code §§ 91A.2, .3, .5; 279.13, .19A.

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

Approved May 16, 2022    Reviewed                        Revised                   

Licensed employees who will complete their current contract with the board may apply for retirement.  No licensed employee will be required to retire at a specific age.

Application for retirement will be considered made when the licensed employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board, the intent of the employee to retire.  The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent.  Applications made after the date set by the board for the return of the employee's contract to the board may be considered by the board if special circumstances exist.  It is within the discretion of the board to determine whether special circumstances exist.

Board action to approve a licensed employee's application for retirement is final and such action constitutes nonrenewal of the employee's contract for the next school year.

Licensed employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.

Licensed employees and their spouse and dependents are allowed to continue coverage in the school district's group health insurance program at their own expense by meeting the requirements of the insurer.

Legal Reference:    
Iowa Code §§ 97B; 216; 279.46.
281 I.A.C. 21.  

Cross Reference:    
407.6    Licensed Employee Early Retirement

Approved May 16, 2022    Reviewed                        Revised                  

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

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

Legal Reference:    
Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765, 769 (Iowa 1987).
McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979);
Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27.

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

Approved May 16, 2022    Reviewed                        Revised                   

The board has the exclusive authority to determine the appropriate number of licensed employees.  A reduction of licensed employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, and other reasons deemed relevant by the board.

The reduction in licensed employees, other than administrators, will be done through normal attrition if possible.  If normal attrition does not meet the necessary reduction in force required, the board may terminate licensed employees.

It is the responsibility of the superintendent to make a recommendation for termination to the board.  The process for reduction in force shall be as follows:

Due process for terminations due to a reduction in force will be followed.

Legal Reference:        
Iowa Code §§ 20; 279.

Cross Reference:        
407.4    Licensed Employee Suspension
413.5    Classified Employee Reduction in Force
703    Budget

Approved May 16, 2022    Reviewed                        Revised                   

Materials created by licensed employees and the financial gain there from are the property of the school district if school materials and time were used in their creation and/or such materials were created in the scope of the licensed employee's employment.  The licensed employee must seek prior written approval of the superintendent concerning such activities.

Legal Reference:   
17 U.S.C. § 101 et al.
Iowa Code § 279.8

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

Approved May 16, 2022    Reviewed                        Revised                  

Every effort will be made by the licensed employees to help students with learning problems before recommending that the parents engage a tutor.  Since there are exceptional cases when tutoring will help students overcome learning deficiencies, tutoring by licensed employees may be approved by the superintendent.

Licensed employees may only tutor students other than those for whom the teacher is currently exercising teaching, administrative or supervisory responsibility unless approved by the superintendent.

Tutoring for a fee may not take place within school facilities or during regular school hours unless approved by the superintendent.

Legal Reference:   
Iowa Code §§ 20.7; 279.8.

Cross Reference:   
401.2    Employee Conflict of Interest
402.7    Employee Outside Employment

Approved May 16, 2022    Reviewed                        Revised                  

The board will determine the amount of vacation and holidays that will be allowed on an annual basis for employees.

It is the responsibility of the superintendent to make a recommendation to the board annually on vacations and holidays for employees.

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

Cross Reference:       
601.1    School Calendar

Approved May 16, 2022    Reviewed                        Revised                  

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as the 12-month period measured forward from the date of the first FMLA leave usage.[insert method for establishing the 12-month period. See the United States Department of Labor’s Fact Sheet 28H for employer options].  Requests for family and medical leave will be made to the superintendent.  

Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.  Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.  It is the responsibility of the superintendent to develop administrative rules to implement this policy.  

Links:   

• https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf
• WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)
• WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)
• WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
• WH-382 Designation Notice (PDF)
• WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)
• WH-385 Certification for Serious Injury or Illness of Covered Servicemember -- for Military Family Leave (PDF)  

Legal Reference:   
29 U.S.C. §§ 2601 et seq.
29 C.F.R. § 825
Iowa Code §§ 20; 85; 216; 279.40.
Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).  

Cross Reference:    
 409.2  Employee Leaves of Absence

Approved May 16, 2022    Reviewed                        Revised                  

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.  On the 11th consecutive day of subbing in the same position, substitutes shall be compensated based on BA Step 1, less TSS.  Substitute licensed employees are expected to perform the same duties as the licensed employees.

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

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

Approved May 16, 2022    Reviewed                        Revised                  

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

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

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

Legal Reference:   
Iowa Code §§ 279.8; 280.14.

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

Approved May 16, 2022    Reviewed                        Revised                  

The board will appoint a licensed employee from each school building to serve as the building's truancy officer.

The principal will notify the truancy officer when a student is truant.  The truancy officer will investigate the cause of a student's truancy and attempt to ensure the student's attendance.  The truancy officer may take the student into custody.  A student taken into custody will be placed in the custody of the principal.  The truancy officer will attempt to contact the student's parents when the student is taken into custody.

Legal Reference:   
Iowa Code §§ 299.10-.11, .15.

Cross Reference:   
501.10    Truancy - Unexcused Absences

Approved May 16, 2022    Reviewed                        Revised                   

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

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

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

Legal Reference:   
Iowa Code §§ 20; 279.8.

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

Approved May 16, 2022    Reviewed                        Revised                   

The board may enter into written contracts with classified employees employed on a regular basis.  The contract will state the terms of employment.

This agreement may be terminated by either party by giving two weeks written notice, provided, however, this provision shall not in any way affect the right of the District, if it so elects to terminate this agreement for proper cause.

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

It is the responsibility of the superintendent to draw up and process the classified employee contracts and present them to the board for approval.

Legal Reference:   
Iowa Code §§ 20; 279.7A; 285.5(9).

Cross Reference:   
411    Classified Employees - General
412.1    Classified Employee Compensation
412.2    Classified Employee Wage and Overtime Compensation
413    Classified Employee Termination of Employment

Approved May 16, 2022    Reviewed                                Revised                   

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

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

Cross Reference:   
411.2    Classified Employee Qualifications, Recruitment, Selection

Approved May 16, 2022    Reviewed                        Revised                   

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

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

Legal Reference:   
Iowa Code §§ 20; 279.8.

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

Approved May 16, 2022    Reviewed                        Revised                  

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

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

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

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

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

Approved May 16, 2022    Reviewed                        Revised                   

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 once a year.

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

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

Approved May 16, 2022    Reviewed                        Revised                   

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

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

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

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

Approved May 16, 2022    Reviewed                        Revised                  

Each non-exempt employee compensated on an hour-by-hour basis, whether full-or part-time, permanent or temporary, will be paid no less than the prevailing minimum wage.  Whenever a non-exempt employee must work more than forty hours in a given work week, the employee is compensated at one and one-half times their regular hourly wage rate.  This compensation is in the form of overtime pay or compensatory time.  Overtime will not be permitted without prior authorization of the superintendent.

Each non-exempt employee paid on an hour-by-hour basis must complete, sign, and turn in a daily time record showing the actual number of hours worked.  Failure of the employee to maintain, or falsification of, a daily time record will be grounds for disciplinary action.

It is the responsibility of the board secretary to maintain wage records.

Legal Reference:   
Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985).
29 U.S.C. §§ 2601 et seq. (
29 C.F.R. Pt. 511

Cross Reference:   
411.3    Classified Employee Contracts
412.1    Classified Employee Compensation

Approved May 16, 2022    Reviewed                        Revised                  

Classified employees may be eligible for group benefits as determined by the board and required by law. The board will select the group benefit program(s) and the insurance company or third party administrator which will provide or administer the program.

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer classified employees, who are expected to work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, with minimum essential coverage that is both affordable and provides minimum value.  The board will utilize the applicable measurement period to determine whether variable hourly employees qualify for an offer of insurance coverage under the district’s group health plan.  The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its classified employees.

Classified employees, who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan. Classified employees who work 20 per week are eligible to participate in group insurance plans. Employers should maintain documents regarding eligible employees acceptance and rejection of coverage.

Regular part-time classified employees who wish to purchase coverage may participate in group benefit programs by meeting the requirements of the applicable plan. Full-time and regular part-time classified employees who wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.

Classified employees and their spouse and dependents may be allowed to continue coverage of the school district's group health insurance program if they cease employment with the school district by meeting the requirements of the insurer.

Legal Reference:   
Iowa Code §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B.
Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).
Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).
Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014).

Cross Reference:   
411.1    Classified Employee Defined

Approved May 16, 2022    Reviewed                        Revised                  

Classified employees who wish to resign during the school year will give the board two weeks notice of their intent to resign. Notice of the intent to resign will be in writing to the superintendent.

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

Cross Reference:   
411.3    Classified Employee Contracts
413    Classified Employee Termination of Employment

Approved May 16, 2022    Reviewed                        Revised                  

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

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

Legal Reference:   
Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765, 769 (Iowa 1987).
McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).
Iowa Code §§ 20.7, .24.  

Cross Reference:   
404    Employee Conduct and Appearance
413    Classified Employee Termination of Employment

Approved May 16, 2022    Reviewed                        Revised                   

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

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

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

Cross Reference:   
404    Employee Conduct and Appearance
413.3    Classified Employee Suspension
413.5    Classified Employee Reduction in Force

Approved May 16, 2022    Reviewed                        Revised                  

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

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

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

Cross Reference:   
407.5    Licensed Employee Reduction in Force
413.3    Classified Employee Suspension
413.4    Classified Employee Dismissal
703    Budget

Approved May 16, 2022     Reviewed                        Revised