The COLO-NESCO 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 at least every two years.

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 when necessary.

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

Prior to a final offer of employment for any position the school district will perform criminal, child abuse and sexual abuse background check. The district may determine on a case-by-case basis that, based on the duties, some positions within the district will require more thorough background checks. Based upon the results of the background checks, the school district will determine whether an offer will be extended. If the candidate is a teacher who has received an initial license from the BOEE, then the requirement for a background check is waived.

Advertisements and notices for vacancies within the district will contain the following statement: "The Colo-NESCO 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, COLO-NESCO Community School District, PO Box 136, Colo, IA or by telephoning 641-377-2282.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII, Office for Civil Rights, Citigroup Center, 500 W Madison Street, Suite 1475, Chicago, IL  60661 (312) 730-1560, email: OCR.Chicago@ed.gov  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.

Approved: 03/16/2020        Reviewed: 2/24/2020         Revised: 2/24/2020

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, and 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.

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

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.

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

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

Complaints of employees against fellow employees should be discussed directly between employees. If necessary, complaints will be brought directly to the immediate supervisor, principal or superintendent and will be made in a constructive and professional manner. Complaints will never be made in the presence of other employees, students or outside persons.

A formal grievance procedure is contained in the master contract between the employee's licensed bargaining unit and the board. This policy will not apply to a complaint that has been or could be filed at the employee's discretion under that formal grievance procedure.

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

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. However, employees will not be allowed access to the employment references written on behalf of the employee. Board members will generally only have access to an employee's file when it is necessary because of an employee-related matter before the board.

It 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.

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

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

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

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

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

Generally, transportation of students is in a motor vehicle owned by the school district and driven by an employee. In some cases, it may be more economical or efficient for the school district to allow an employee of the school district to transport the students in the employee's motor vehicle.

Employees who transport students for school purposes must have the permission of the building principal or superintendent.

This policy statement applies to transportation of students for school purposes in addition to the regular bus route transporting students to and from their designated attendance center.

Approved: 01/18/2016        Reviewed: 12/14/2015        Revised: 12/14/2015

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

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

Reimbursement for actual and necessary expenses will 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 receipt, other than a credit card receipt, indicating the date, purpose and nature of the expense for each claim item. In exceptional circumstances, the superintendent may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances is maintained as part of the school district's record of the claim.

Failure to have a detailed receipt will make the expense a personal expense. Personal expenses, including mileage, in excess of that required for the trip are reimbursed by the employee to the school district no later than 30 working days following the date of the expense and. The detailed receipt must be presented to the Board Secretary before payment will be made.

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.

Additional language for Travel Outside District

Pre-approved expenses for transportation within three-hundred miles of the school district administrative office will be by automobile.  If a school district vehicle is not available, the employee will be reimbursed mileage at the Internal Revenue Service standard mileage rate.  Travel to/from home and work is never a reimbursable travel expense.  Pre-approved expenses for transportation outside of three-hundred miles of the school district administrative office may be by public carrier.  Reimbursement for air travel will be at the tourist class fares.  Should an employee choose to travel by automobile, reimbursement will be limited to the public carrier amount.  Pre-approved expenses for transportation in a rental car is limited to the cost of a Class “C” rental car at a medium-priced agency unless the number of people traveling on behalf of the school district warrants a larger vehicle.  Travel costs for a spouse or anyone other than the district employee shall be a personal expense not reimbursed by the district.

Travel Within the School District
Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position may be reimbursed on the Federal Rate. 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.

Employees who are allowed an in-school district travel allowance will have the amount of the allowance actually received during each calendar year included on the employee's W-2 form as taxable income according to the Internal Revenue Code.

The superintendent is responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment 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.

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

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.

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

Employees will not engage in political activity upon property under the jurisdiction of the
board. 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, 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.

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

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

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

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

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

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

Employees must know their role and duties. New employees may be required to participate in an orientation program for new employees. The employee's immediate supervisor should provide the new employee with a review of the employee's responsibilities and duties. Payroll procedures and employee benefit programs and accompanying forms will be explained to the employee by the business manager.

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.

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

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.  

Employees may possess and use cell phones during the school day as outlined in this policy.  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 school vehicles except in the case of an emergency.

Cell phones are not to be used for conversations involving confidential information.

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.

Cell Phone Allowance:

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 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.

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

Computers are a powerful and valuable education and research tool and, as such, are an important part of the instructional program. In addition, the school district depends upon computers as an integral part of administering and managing the schools’ resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies and materials. This policy outlines the board’s expectations in regard to these different aspects of the school district’s computer resources. Employees must conduct themselves in a manner that does not disrupt from or disrupt the educational process and failure to do so will result in discipline, up to and including, discharge.

General Provisions
The superintendent is responsible for designating a technology coordinator who will oversee the use of school district computer resources. The technology coordinator will assist with in-service programs for the training and development of school district staff in computer skills, appropriate use of computers and for the incorporation of computer use in subject areas.

The superintendent, working with appropriate staff, shall establish regulations governing the use and security of the school district’s computer resources. The school district will make every reasonable effort to maintain the security of the system. All users of the school district’s computer resources, including students, staff and volunteers, shall comply with this policy and regulation, as well as others impacting the use of school equipment and facilities. Failure to comply may result in disciplinary action, up to and including discharge, as well as suspension and/or revocation of computer access privileges.
Usage of the school district’s computer resources is a privilege, not a right, and that use entails responsibility. All information on the school district’s computer system is considered a public record. Whether there is an exception to keep some narrow, specific content within the information confidential is determined on a case by case basis. Therefore, users of the school district’s computer network must not expect, nor does the school district guarantee, privacy for e-mail or use of the school district’s computer network including websites visited. The school district reserves the right to access and view any material stored on school district equipment or any material used in conjunction with the school district’s computer network.

The superintendent, working with the appropriate staff, shall establish procedures governing management of computer records in order to exercise appropriate control over computer records, including financial, personnel and student information. The procedures will address:  

• passwords,
• system administration,
• separation of duties,
• remote access,
• data back-up (including archiving of e-mail),
• record retention, and
• disaster recovery plans.

Social Networking or Other External Web Sites

For purposes of this policy any website, other than the school district website or school-school district sanctioned websites, are considered external websites. Employees shall not post confidential or proprietary information, including photographic images, about the school district, its employees, students, agents or others on any external website without the consent of the superintendent. The employee shall adhere to all applicable privacy and confidentiality policies adopted by the school district when on external websites.  Employees shall not use the school district logos, images, iconography, etc. on external websites. Employees shall not use school district time or property on external sites that are not in direct relation to the employee’s job. Employees, students and volunteers need to realize that the Internet is not a closed system and anything posted on an external site may be viewed by others, all over the world. Employees, students and volunteers who don’t want school administrators to know their personal information should refrain from exposing it on the Internet. Employees should not connect with students via external websites without consent of the superintendent. Employees, who would like to start a social media site for school district sanctioned activities should contact the superintendent.

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

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

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 roll 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 Examiner discriminated against a student or other co-employee, the board will refer the employee to the Board of Educational Examiners for additional proceedings as required by law and which may result in discipline up to and including termination.
 

 
Legal Reference:                      
U.S. Const. Amend. 1
Iowa Code §§ 279.73; 280.22
 
Cross Reference:
502.3  Student Expression
504.3     Student Publications

Approved        11/21/22                                              Reviewed      11/21/22                                          Revised        11/21/22                      

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 to respond to inquiries from creditors.

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

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

When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter shall make an oral report of the suspected child abuse to the Iowa Department of Human Services within 24 hours of becoming aware of the abusive incident and shall make a written report to the Iowa Department of Human Services within 48 hours following the oral report.  If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency will also be notified.

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

Approved: 8/15/22       Reviewed: 8/15/22       Revised: 8/15/22

Physical or sexual abuse of students, including inappropriate and intentional sexual behavior, by employees will not be tolerated. The definition of employees for the purpose of this policy includes not only those who work for pay but also those who are volunteers of the school district under the direction and control of the school district.  Employees found in violation of this policy will be subject to disciplinary action up to and including discharge.

The school district will respond promptly to allegations of abuse of students by school district employees by investigating or arranging for the investigation of an allegation. The processing of a complaint or allegation will be handled confidentially to the maximum extent possible. Employees are required to assist in the investigation when requested to provide information and to maintain the confidentiality of the reporting and investigation process.

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

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

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

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, anyone 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;
• Non-monetary items with a value of less than three dollars that are received from any one donor during one calendar day;
• Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;
• Items or services received by members or representatives of members as part of regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
• Funeral flowers or memorials to a church or nonprofit organization;
• Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;
• Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or
• Gifts other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee.
• 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 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.

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

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

Additional suggestions for administrative procedures regarding the policy include:

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

Decision 

The investigator, building principal or superintendent, depending on the individuals involved, shall inform the Complainant and the accused about the outcome of the investigation.

Approved: 7/17/23        Reviewed:         Revised:7/17/23

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.

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

The Colo-NESCO Community School District believes good health is important to job performance.  School bus drivers will present evidence of good health upon initial hire and every other year in the form of a physical examination report, unless otherwise required by law or medical opinion.  All other employees shall present evidence of good health, in the form of a post-offer, pre-employment physical examination report.

The cost of the initial examination will be paid by the Colo-NESCO 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 up to a maximum of $200.00.  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.

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

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 is not responsible for medical treatment of an injured employee.

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

It is the responsibility of the board secretary to file worker’s comp claims.

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

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 immune depressed 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.

Approved: 03/16/2020        Reviewed: 2/24/2020        Revised: 2/24/2020

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 appoint a qualified individual to maintain the file.

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.

 Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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 vehicles. "Workplace" 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. 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.

 Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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, post-accident, return-to-duty and follow-up drug and alcohol testing.  Employees operating school vehicles shall 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’s transportation director.

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 bear the personal and financial responsibility, 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.  

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

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

 Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

In an effort to comply with federal Occupational Safety and Health Administration requirements, the district is requiring all employees to become fully vaccinated against COVID-19, or in the alternative to produce weekly evidence of negative COVID-19 testing and utilize face coverings at work sites.

Vaccination
All employees are required to become fully vaccinated against COVID-19.   Full vaccination occurs when an employee has received both primary COVID-19 vaccination doses, or one single dose if the vaccine only requires one dose, and have waited two weeks following the last dose administered.  This requirement will become effective no later than December 6, 2021. Employees who have received full vaccination against COVID-19 must submit proof of vaccination no later than December 6, 2021.  Employees who have not received both (if a vaccine requires a 2 dose regimen) primary doses of a COVID-19 vaccine will be required to comply with the testing and face-covering requirements of the section below.  Employees who have received both primary doses of the COVID-19 vaccine on or before December 6, 2021, but who have not yet passed the two-week waiting period for full vaccination efficacy are not required to comply with the testing and face-covering requirements of the section below.

Face Coverings and Testing
Beginning December 6, 2021, employees who do not wish to obtain vaccination against COVID-19 must wear face coverings at all times while indoors, in a vehicle, or in another enclosed space as described in detail in procedure 403.7R1.  Beginning January 4, 2022, employees who are not fully vaccinated must also provide proof of negative COVID-19 test results every 7 days.  

Reasonable Accommodations
The vaccine requirement does not apply to employees for whom a vaccine is medically contraindicated; for whom medical necessity requires a delay in vaccination; or who are legally entitled to a reasonable accommodation due to a disability or sincerely held religious beliefs, practices or observances.  If an employee requires accommodation from any other part of the policy for medical or religious reasons, the employee may request one.  Qualifying employees will be expected to submit verification of one of these exemptions in order to receive an accommodation.  

Employees who fail to abide by the requirements of this policy may face disciplinary action up to and including termination.  It is the obligation of the Superintendent to establish appropriate procedures necessary to enforce this policy.
 

NOTE:  This is a mandatory policy for districts which employ 100 or more employees, regardless of full-time or part-time status.  This should also include temporary employees such as substitute teachers.  For more information on this policy and supporting guidance, see IASB Policy Primer 30-2.
 

Legal Reference:         
29 C.F.R Part 1910.501
42 U.S.C. 12101
42 U.S.C. 2000e
34 C.F.R. pt. 100
34 C.F.R. pt. 104
Iowa Code ch. 216
 
Cross Reference:        
403.3  Communicable Diseases
 
Approved                                   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 school personnel, who provides educational assistance to students and who holds a license, certificate, or other authorization issued by the board.
“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.

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 in the procurement or renewal of a practitioner’s license.
Criminal convictions.  The commission of or conviction for a criminal offense as defined by Iowa law or the laws of any other state or of the United States, 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 by 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;
• Detention in a brothel
• Assault with intent to commit sexual abuse;
• Indecent contact with a child;
• Sexual exploitation by a counselor;
• Lascivious conduct with a minor; or
• Sexual exploitation by a school employee;

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; or
5.  Telephone dissemination of obscene material to minors as prohibited by IOWA CODE section 728.15.
(2)  Other criminal convictions and founded child abuse.  In determining whether a person should be denied a license or whether a licensee should be disciplined based upon any other criminal conviction, including a conviction for an offense listed in 25.3(1) “b”(1) which occurred before July 1, 2002, or a founded report of abuse of a child, the board shall consider:
1.  The nature and seriousness of the crime or founded abuse in relation to the position sought;
2.  The time elapsed since the crime or founded abuse was committed;
3.  The degree of rehabilitation which has taken place since the crime or founded abuse was committed;
4.  The likelihood that the person will commit the same crime or abuse again;
5.  The number of criminal convictions or founded abuses committed; and
6.  Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.
c.  Sexual involvement or indecent contact with a student.  Sexual involvement includes, but is not limited to, the following acts, whether consensual or non consensual: fondling or touching the inner thigh, groin, buttocks, anus or breasts of a student;                   permitting or causing to fondle or touch the practitioner’s inner thigh, groin, buttocks, anus, or breasts; or the commission of any sex act as defined in IOWA CODE section 702.17.
d. Sexual exploitation of a minor.   The commission of or any conviction for an offense prohibited by IOWA CODE section 728.12, IOWA CODE chapter  709 or 18 U.S.C. Section 2252A(a)(5)(B).
e. Student abuse.  Licensees shall maintain professional relationships with all students, both inside and outside the classroom.  The following acts or behavior constitutes unethical conduct without regard to the existence of a criminal charge or conviction:

1. Committing any act of physical abuse of a student;
2. Committing any act of dependent adult abuse on a dependent adult student;
3. Committing or soliciting any sexual or otherwise indecent act with a student or any minor;
4. Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student;
5. Furnishing alcohol or illegal or unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal or unauthorized drugs in the presence of the licensee; or
6. Failing to report any suspected act of child or dependent adult abuse as required by state law.

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
2. development credit, degrees, academic award, or employment history when applying for employment or licensure.
3. Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.
4. Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.
5. Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282—Chapter 17.
6. 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 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.
a.  Violation of this standard included:
(1)   Signing a written professional employment contract while under contract with another school, school district, or area education agency.
(2)   Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract.  An administrator shall make a good faith effort to determine whether the practitioner has been released from the current contract.
(3) Abandoning a written professional employment contract without prior unconditional release by the employer.
(4)   As an employer, executing a written professional employment contract with a practitioner, which requires the performance of duties that the practitioner is not legally qualified to perform.
(5)   As a practitioner, executing a written professional employment contract, which requires the performance of duties that the practitioner is not legally qualified to perform.
b.  In addressing complaints based upon contractual obligations, the board shall consider factors beyond the practitioner’s control.  For purposes of enforcement of this standard, a practitioner will not be found to have abandoned an existing contract if:
(1) The practitioner obtained a release from the employing board before discontinuing services under the contract; or
(2)  The practitioner provided notice to the employing board no later than latest following dates:
The practitioner’s last work day of the school year’;
The date set for return of the contract as specified in statue; 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:
    a.  Denying the student, without just cause, access to varying points of view.
    b.   Deliberately suppressing or distorting subject matter for which the educator bears responsibility.
    c.  Failing to make a reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.
    d.  Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.
    e.  Engaging in any act of illegal discrimination, or otherwise denying a student or practitioner participation in the benefits of any program on the grounds of race, color, religion age, sex, disability, marital status, national origin, or membership in a definable minority.
    f.  Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.
    g.  Accepting gifts from vendors or potential vendors where there may be the appearance of or an actual conflict of interest.
    h.  Intentionally disclosing confidential information including, but not limited to, unauthorized sharing of information concerning student academic or disciplinary records, health and medical information, assessment or testing results, or family income.  Licensees shall comply with state and federal laws and local school board policies relating to the confidentiality of student records, unless disclosure is required or permitted by law.
    i.  Refusing to participate in a professional inquiry when requested by the board.
    j.  Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.
    k.  Failing to self-report to the board within 60 days any founded child abuse report, or any conviction for a criminal offense listed in 25.3(1)”b”(1) which requires revocation of the practitioner’s license.
    l.   Delegating tasks to unqualified personnel.
    m. Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.
    n.  Allowing another person to use one’s practitioner license for any purpose.
    o.  Performing services beyond the authorized scope of practice for which the individual is licensed or prepared or performing services without holding a valid license.
    p.  Falsifying, forging, or altering a license issued by the board.
    q.  Failure of the practitioner holding a contract under IOWA CODE section 279.13 to disclose to the school official responsible for determining assignments a teaching assignment for which the practitioner is not properly licensed.
    r.  Failure of a school official responsible for assigning licensed practitioners holding contracts under IOWA CODE section 279.13 to adjust an assignment if the practitioner discloses to the official that the practitioner is not properly licensed for an assignment.

25.3(7)  Standard VII – compliance with state law governing student loan obligations and child support obligations.  Violations of this standard include:
    a. Failing to comply with 282 – Chapter 9 concerning repayment of student loans.
    b. Failing to comply with 282 – Chapter 10 concerning child support obligations.

25.3(8)  Standard VII – incompetence.  Violation of this standard includes, but is not limited to:
    a.   Willfully or repeatedly departing from or failing to conform to the minimum
           standards of acceptable and prevailing educational practice in the state of Iowa.
    b.  Willfully or repeatedly failing to practice with reasonable skill and safety.

 Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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 right 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.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

Computers are a powerful and valuable education and research tool and, as such, are an important part of the instructional program.  In addition, the school district depends upon computers as an integral part of administering and managing the schools’ resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies and materials.  This policy outlines the board’s expectations in regard to these different aspects of the school district’s computer resources.  Employees and board members must conduct themselves in a manner that does not disrupt from or disrupt the educational process and failure to do so will result in discipline, up to and including termination of employment.  Board members may lose access to laptop computers and other technology owned by the district.

General Provisions

The superintendent, working with appropriate staff, shall establish regulations governing the use and security of the school district’s computer resources.  The school district will make every reasonable effort to maintain the security of the system.  All users of the school district’s computer resources, including students, staff, board members, and volunteers, shall comply with this policy and regulation, as well as others impacting the use of school equipment and facilities.  Failure to comply may result in disciplinary action, up to and including discharge, as well as suspension and/or revocation of computer access privileges.

Usage of the school district’s computer resources is a privilege, not a right, and that use entails responsibility.  All information on the school district’s computer system is considered a public record.  Whether there is an exception to keep some narrow, specific content within the information confidential is determined on a case by case basis.  Therefore, users of the school district’s computer network must not expect, nor does the school district guarantee, privacy for e-mail or use of the school district’s computer network including websites visited.  The school district reserves the right to access and view any material stored on school district equipment or any material used in conjunction with the school district’s computer network.

The superintendent, working with the appropriate staff, shall establish procedures governing management of computer records in order to exercise appropriate control over computer records, including financial, personnel and student information.  The procedures will address:

• passwords,
• system administration
• separation of duties
• remote access
• data back-up (including archiving of email)
• record retention
• disaster recovery plans

Social Networking or Other External Websites

For purposes of this policy any website, other than the school district website or school district sanctioned websites, are considered external websites.  Employees and board members shall not post confidential or proprietary information, including photographic images, about the school district, its employees, students, agents or others on any external website without consent of the superintendent.  The employee and board member shall adhere to all applicable privacy and confidentiality policies adopted by the school district when on external websites.  Employees and board members shall not use the school district logos, images, iconography, etc., on external websites.  Employees, board members, students, and volunteers need to realize that the Internet is not a closed system and anything posted on an external site may be viewed by others all over the world.  Employees, students, board members, and volunteers who don’t want school administrators to know their personal information should refrain from exposing it on the Internet.  [Employees should not connect with students via external websites without consent of the superintendent.]  Employees who would like to start a social media site for school district sanctioned activities should contact the superintendent.

The use of technology in the Colo-Nesco Community Schools is a privilege extended to those individuals who wish to enhance their learning experiences.  The Local Area Network and access to the Internet and World Wide Web are the property of the Colo-Nesco Community Schools.  The “Systems Administrator” and/or building administrators may access files when deemed necessary for compliance with the Acceptable Use Policy.  All users must work within the guidelines (Acceptable Use Policies) of the Colo-Nesco Community Schools.  The authority for appropriate use of electronic Internet resources is delegated to licensed employees.  Instruction in the proper use of the Internet system will be available to employees who will then provide similar instruction to their students.  Employees and board members are expected to practice appropriate use of the Internet, and violations may result in disciplinary action up to and including termination of employment.

1. All use of the network, Internet, and World Wide Web must be in support of education and research, and must be consistent with the Acceptable Use Policy of the District.  The use of social networking sites is restricted to school business.
2. Network accounts are to be used ONLY by the authorized owners of the accounts, for authorized purposes.  Users must NOT give their account names and/or passwords to anyone else.  Users who allow others to use their account names and/or passwords may lose the privilege to use the LAN, Internet, and/or World Wide Web.
3. Users shall not seek or modify data or passwords belonging to other users, or misrepresent themselves to other users on the LAN, Internet, or World Wide Web.  Reading or using another person’s files is considered electronic “breaking and entering” and will not be tolerated.
4. All communications and information accessible via the LAN, Internet, and World Wide Web should be assumed to be public property for the educational use of the user.  The Systems Administrator and/or instructor retain the right to view and/or remove information located on, or procured by, the LAN, Internet, or World Wide Web.
5. No use of the LAN, Internet, or World Wide Web shall serve to disrupt the use of the network by others; no hardware or software shall be modified, abused, or destroyed.
6. Use of the LAN, Internet, or World Wide Web to develop or use programs or activities that harass other users, and/or the infiltration of a computer or computing system and/or damaging the software components of a computer or computing system is prohibited.  Computer “hacking” and other unlawful activities will not be tolerated.
7. Harassment, discriminatory remarks and/or any other disrespectful behavior are prohibited on the LAN, Internet, or World Wide Web.
8. The use of the LAN, Internet, or World Wide Web to access or process materials that are threatening, prejudicial, obscene, abusive, demeaning, racially offensive, profane, illegal, promote substance use, contain child pornography, harmful to minors, other inappropriate files, or files dangerous to the integrity of the LAN, Internet, or World Wide Web is prohibited.
9. The LAN, Internet, or World Wide Web will not be used for the use, disclosure, or dissemination of non-educational personal information regarding minors.
10. The installation of ANY non-school-owned hardware or licensed software on the district network or school-owned computers is prohibited.
11. The District is not responsible for employees’ mistakes or negligence, costs incurred by employees for non-school purposes, or the accuracy or quality of information found on the Internet.

I, the undersigned have read, understand, and agree to abide by the Acceptable Use Policies of the Colo-Nesco Community Schools’ Local Area Network and access to the Internet and World Wide Web.

User Signature___________________________________________ Date____________________

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.

 Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," will have an opportunity to apply and qualify for licensed positions in the school district without regard to race, color, national origin, gender, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status.

Job applicants for licensed positions will be considered on the basis of the following:

• Training, experience, and skill;
• Nature of the occupation;
• Demonstrated competence; and
• Possession of, or ability to obtain, state license if required for the position.

Announcement of the position is in a manner which the superintendent believes will inform potential applicants about the position. Applications for employment may be obtained from and completed applications are returned to the school district administrative office. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired.

The board will employ licensed employees after receiving a recommendation from the superintendent (except the superintendent may hire teachers without approval of the board). However, the superintendent will have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.

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

Legal Reference:    
29 U.S.C. §§ 621-634 (1994).
42 U.S.C. §§ 2000e et seq. (1994).
42 U.S.C. §§ 12101 et seq. (1994).
Iowa Code §§ 20; 35C; 216; 294.1 (2003).
281 I.A.C. 12.
282 I.A.C. 14.
1980 Op. Att'y Gen. 367.

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

Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," will have an opportunity to apply and qualify for licensed positions in accordance with applicable laws and school district policies regarding equal employment. Job applicants for licensed positions will be considered on the basis of the following:

• Training, experience, and skill;
• Nature of the occupation;
• Demonstrated competence; and
• Possession of, or ability to obtain, state license if required for the position.

All job openings shall be submitted to the Iowa Workforce Development for posting on IowaWORKS.gov, the online state job posting system.  Additional announcements of the position may occur in a manner, which the superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired.

The board will employ licensed employees after receiving a recommendation from the superintendent (except the superintendent may hire teachers without approval of the board). However, the superintendent will have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.

Legal Reference:    
29 U.S.C. §§ 621-634 (1994).
42 U.S.C. §§ 2000e et seq. (1994).
42 U.S.C. §§ 12101 et seq. (1994).

Iowa Code §§ 20; 35C; 216; 294.1 (2003).
281 I.A.C. 12.
282 I.A.C. 14.
1980 Op. Att'y Gen. 367.

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

 Approved: 04/15/2024                        Reviewed: 04/15/2024                       Revised: 04/15/2024

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.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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

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 board policies in those areas.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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

The work day for licensed employees will be 30 minutes prior to the start of school to 30 minutes after the end of school unless prior arrangements have been made with the building principal.  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 employee 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 outlines in this policy is a minimum work day.  Nothing in this policy prohibits licensed employees from working additional hours outside the work day.

 Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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.

 Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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.

 Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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

Only the board, in its discretion, may waive the probationary period. The board may extend the probationary period for one additional year with the consent of the licensed employee. The board will make the decision to extend or waive a licensed employee's probationary status based upon the superintendent's recommendation. During this probationary period the board may terminate the licensed employee's contract at year-end or discharge the employee in concert with corresponding board policies.

 Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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

It is the responsibility of the superintendent to make a recommendation to the board annually regarding the salary schedule. The salary schedule is subject to review and modification through the collective bargaining process.

 Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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

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

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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

Licensed employees who wish to obtain additional education for advancement must notify their supervisor by the end of the school year preceding the actual year the advancement occurs. The superintendent has 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 on the salary schedule.

 Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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 will establish a salary schedule for extra duty licensed employee positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

Vacant extra duty positions, for which extra compensation will be earned, will be posted to allow qualified licensed employees to volunteer for the extra duty. If no licensed employee volunteers for extra duty, the superintendent 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 salary schedule for extra duty, for the board's review.

 Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

Licensed employees may be eligible for group benefits as determined by the board and required by law. The board will select the group insurance 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.  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 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.

 Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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

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

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

Licensed employees who wish to be released from an executed contract must give at least twenty-one days notice to the superintendent. Licensed employees may be released at the discretion of the board. Only in unusual and extreme circumstances will the board release a licensed employee from a contract. The board will have sole discretion to determine what constitutes unusual and extreme circumstances.

Release from a contract will be contingent upon finding a suitable replacement.  Licensed employees requesting release from a contract after it has been signed and before it expires may be required to pay the board the cost of advertising or other reasonable administrative costs incurred to locate and hire a suitable replacement. Upon written mutual agreement between the employee and superintendent, and to the extent allowed by law, the costs may be deducted from the employee’s salary.  Payment of these costs is a condition for release from the contract at the discretion of the board.  Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.

The superintendent is authorized to file a complaint with the Board of Educational Examiners against a licensed employee who leaves without proper release from the board.

Approved: 05/17/23                       Reviewed: 02/15/2021                       Revised: 05/17/23

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 non-renewal of the employee's contract for the next school year.

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

Licensed employees and their spouse and dependents 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.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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 superintendent shall consider the following criteria in making the recommendations:

• Endorsements and educational preparation within the grade level and subject areas
• in which the employee is now performing;
• Relative skills, ability and demonstrated performance;
• Qualifications for co-curricular programs; and
• Number of continuous years of service to the school district. This will be considered only when the foregoing factors are relatively equal between licensed employees.

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

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

1.    PURPOSE

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

2.    STATEMENT OF NON-DISCRIMINATION

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

3.    ELIGIBILITY

A regular, full-time certified employee may apply for early retirement benefits if these eligibility requirements have been met:

1. The employee has reached or will reach at least the age of 55 at the actual date of retirement,
2. The employee has continuously worked a minimum of the most previous 10 years of service at the School District and is actively employed on a full-time basis during the last school year prior to early retirement,
3. The employee is not eligible for, applying for, or receiving benefits under a leave of absence or other School District plan,
4. The employee has not received a notice concerning termination of the employee’s contract, unless the notice is based upon reasons which are related to staff reduction, and
5. The employee has not previously received early retirement benefits from the School District.

4.    DEFINITION OF TERMS

1. Years of service - Years of service must be consecutive and most recent.
2. “Continuously Worked” - Continuous employment must be without any voluntary interruptions of service.  Interruptions due to reductions in force or due to approved leaves of absence will not constitute a voluntary interruption in service, unless the interruption or leave exceeded twenty-four (24) consecutive months in length.  However, the period of time during which an employee is absent due to a reduction in force or due to an approved leave will not be counted for purposes of determining the minimum years of service required to establish eligibility.
3. Regular full-time certified employee - A regular full-time certified employee is an employee who works as a teacher, counselor, librarian nurse or administrator for a minimum of six hours per work day for 180 work days or more each school year.
4. “Actively employed” – means the employee has been at work and performing assigned duties for at least 80 percent of the work days over the previous 12 months.

5.    APPLICATION

1. Applications must be received by the Superintendent not later than     January 14, 2019.  However, the advance notice requirement may be waived at the discretion of the Board.  Any decision to waive the advance notice requirement shall not establish any precedent with regard to future applications which fail to meet the advance notice requirement.
2. The date of retirement for eligible employees will ordinarily be the end of the individual’s contract year.  However, another date may be requested and approved by the Board.
3. Application materials must include the following forms:
   1. Resignation and Request for Early Retirement and Resignation
   2. Designation of Beneficiary
   3. Agreement Not to Reapply for Employment.  
   4. Release of all claims.
4. An employee’s application for early retirement benefits is not, in itself, a resignation nor does it require the Board to accept the application.  However, acceptance by the Board of an employee’s application for early retirement will be considered a voluntary resignation and termination of the employee’s contract of employment.  If the Board does not accept the employee’s application, the employee’s contract will continue in effect.

6.    BOARD’S RIGHT TO LIMIT OR DENY BENEFITS

The Board reserves the right to determine whether any early retirement benefits will be paid in a given year, and, if so, to determine how many employees will be granted benefits.  The Board expressly reserves the right to reject any application for early retirement benefits.

If the Board decides that only a limited number of employees will be granted early retirement benefits in a given year, the Board will then determine the maximum number of employees who may receive benefit.   Recipients will be selected on a seniority basis.  If there is a tie between or among employees using the seniority rule, the tie will be broken by a random process.

7.    EARLY RETIREMENT BENEFIT

1. Early retirement benefits are offered as an inducement to, and consequence of, retirement and are not to be construed as a continuation of salary.  Benefits will be provided to the retiree or the beneficiary named by the retiree if the retiree dies before all benefits are paid.
2. The value of the early retirement benefit shall be 30% of the employee teaching salary schedule, includes TSS funds) in effect the last year of the employee’s employment with the school district. Extra-curricular, extended contract, and any other additional or supplemental pay will be excluded from the early retirement calculations.
3. Payment of this benefit shall be made in the August payroll following when the applicant files and is approved for the retirement benefit.  The incentive will be paid in one lump sum to a state-sponsored 403B retirement plan for the eligible employee. The eligible employee will not be able to use the early retirement incentive to directly purchase district-sponsored insurance.
4. Payments are subject to applicable taxes such as withholding for federal and state income taxes, social security etc.  Employees will not be paid interest on any funds held by the School District.

Employees are advised to seek independent advice with regard to tax or financial consequences associated with any action taken by them under this policy.

8.    CONTINUATION OF INSURANCE

Employees retiring under the early retirement program may be eligible to continue participation in the School District’s group insurance plan at the employee’s own expense.  Employees must meet the requirements of the insurer and must pay the monthly premium amount in full to the board secretary prior to the due date for the School District’s premium payment to the insurer.
This insurance coverage will cease when the licensed employee/retiree reaches age sixty-five, secures other employment in which the employer provides insurance coverage, or dies.  If dependent insurance coverage is carried, that coverage may continue beyond the employee's/retiree's sixty-fifth birthday for a period of up to five years or until the dependent reaches age sixty-five.

9.    RIGHT TO AMEND OR REVOKE

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

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

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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

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

Requests for attendance or participation in a development program, other than those development programs sponsored by the school district, is made to the superintendent. Approval of the superintendent must be obtained prior to attendance by a licensed employee in a professional development program when the attendance would result in the licensed employee being excused from their duties or when the school district pays the expenses for the program.

The superintendent will have sole discretion to allow or disallow licensed employees to attend or participate in the requested event. When making this determination, the superintendent will consider the value of the program for the licensed employee and the school district, the effect of the licensed employee's absence on the education program and school district operations and the school district's financial situation as well as other factors deemed relevant in the judgment of the superintendent. Requests that involve unusual expenses or overnight travel must also be approved by the board.

Approved: 7/17/23                        Reviewed: 02/15/2021                       Revised: 7/17/23

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.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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

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

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the vacations, holidays and personal leave of such employees will be followed.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

Licensed employees will be granted ten days of sick leave in their first year of employment. Each year thereafter, one additional day of sick leave will be granted to the licensed employees up to a maximum of fifteen days. "Day" is defined as one work day regardless of full-time or part-time status of the employee. A new employee will report for work at least one full work day prior to receiving sick leave benefits. A returning employee will be granted the appropriate number of days at the beginning of each fiscal year.

Sick leave may be accumulated up to a maximum of 90 days for licensed employees.

Should the personal illness occur after or extend beyond the sick leave accumulated allowance, the employee may apply for disability benefits under the group insurance plan.  If the employee does not qualify for disability benefits, the employee may request a leave of absence without pay.

Evidence may be required regarding the mental or physical health of the employee when the administration has a concern about the employee's health. Evidence may also be required to confirm the employee's illness, the need for the illness leave, the employee's ability to return to work, and the employee's capability to perform the duties of the employee's position. It is within the discretion of the board or the superintendent to determine the type and amount of evidence necessary. When an illness leave will be greater than three consecutive days, the employee will comply with the board policy regarding family and medical leave.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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 rolling twelve months from first date of leave.  Requests for family and medical leave will be made to the business manager/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.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

Up to five (5) days total leave per family member per year shall be granted for the death or critical illness of spouse, child, mother, father, brother, sister, spouse’s mother, spouse’s father, grandchildren, or their significant relative. Each employee shall be granted one (1) day of leave, per death or funeral of relatives consisting of grandparents, uncles, aunts, or cousins of the employee or his/her spouse. Each employee shall be granted on (1) day of leave per year to be used in full or half day units, to attend the funeral of a “non” relative.  Additional days may be granted for family death at the discretion of the Superintendent

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the bereavement leave of such employees is followed.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

The board will provide a leave of absence to licensed employees to run for elective public office. The superintendent will grant a licensed employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The licensed employee will be entitled to one period of leave to run for the elective public office, and the leave may commence within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the superintendent of schools at least thirty days prior to the starting date of the requested leave.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

The board will allow licensed employees to be excused for jury duty unless extraordinary circumstances exist. The superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district. The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.

Licensed employees will receive their regular salary. Any payment for jury duty will be paid to the school district.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

The board recognizes licensed employees may be called to participate in the armed forces, including the National Guard. If a licensed employee is called to serve in the armed forces, the employee will have a leave of absence for military service until the military service is completed.

The leave is without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

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

The superintendent will have complete discretion to grant or deny the requested unpaid leave. In making this determination, the superintendent will consider the effect of the employee's absence on the education program and school district operations, length of
service, previous record of absence, the financial condition of the school district, the reason for the requested absence and other factors the superintendent believes are relevant to making this determination.

If unpaid leave is granted, the duration of the leave period will be coordinated with the scheduling of the education program whenever possible to minimize the disruption of the education program and school district operations.

Whenever possible, licensed employees will make a written request for unpaid leave 5 days prior to the beginning date of the requested leave. If the leave is granted, the deductions in salary are made unless they are waived specifically by the superintendent.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

The board recognizes the need for substitute teachers. Substitute teachers shall be licensed to teach in Iowa.

It shall be the responsibility of the building principal to maintain a list of substitute teachers who may be called upon to replace regular contract licensed employees. Individuals whose names do not appear on this list will not be employed as a substitute without specific approval of the superintendent. It shall be the responsibility of the building principal to fill absences with substitute teachers immediately.

Substitute teachers will be paid a per diem rate. Substitutes employed for more than 10 consecutive days in the same position will be paid according to the Step 1, Lane 1 of the current teaching salary schedule. Substitute licensed employees are expected to perform the same duties as the licensed employees.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

It is within the discretion of the board to offer an education program 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.

Should the board determine a summer education program is necessary, 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.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

The board may employ education aides or other instructional support personnel to assist licensed personnel in non-teaching duties, including, but not limited to:

managing and maintaining records, materials and equipment; attending to the physical needs of children; and performing other limited services to support teaching duties when such duties are determined and directed by the teacher.

Education associates who hold a teaching certificate are compensated at the rate of pay established for their position as an education aide. It is the responsibility of the principal to supervise education aides.

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

Classified employees are employees who are not administrators or employees in positions which require an Iowa Department of Education teaching license and who are employed to fulfill the duties listed on their job description on a monthly or hourly basis. Classified employees will include, but not be limited to, teacher and classroom associates, 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 have a copy of their current license on file prior to payment of wages each year.
    

Approved: 04/19/2021         Reviewed 04/14/2021     Revised 04/19/2021

Persons interested in a classified employee position will have an opportunity to apply and qualify for classified employee positions in accordance with applicable laws and school district policies regarding equal employment. Job applicants for classified employee positions will be considered on the basis of the following:

• Training, experience, and skill;
• Nature of the occupation;
• Demonstrated competence; and
• Possession of, or ability to obtain, state or other license or certificate, if required, for the position.

All job openings shall be submitted to the Iowa Workforce Development for posting on IowaWORKS.gov, the online state job posting system.  Additional announcements of the position may occur through means the superintendent believes will inform potential applicants about the position.  Whenever possible, the preliminary screening of applicants will be conducted by the administrator who directly supervises and oversees the position.

The superintendent will recommend employment of classified employees to the board for approval.

Legal Reference:    
29 U.S.C. §§ 621-634 (1994).
42 U.S.C. §§ 2000e et seq. (1994)
42 U.S.C. §§ 12101 et seq. (1994).
Iowa Code §§ 35C; 216; 279.8; 294.1 (2003).

Cross Reference:    
401.2 Equal Employment Opportunity
411 Classified Employees - General

Approved: 04/15/2024         Reviewed 04/15/2024     Revised 04/15/2024

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

Each contract will include a fourteen-day cancellation clause. Either the employee or the board must give notice of the intent to cancel the contract at the end of fourteen days. This notice will not be required when the employee is terminated during a probationary period or for 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/letter of assignment and present them to the board for approval. The contracts/letter of assignments,  after being signed by the board president if necessary, are filed with the board secretary.

Approved: 04/19/2021         Reviewed 04/14/2021     Revised 04/19/2021

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 and by the Iowa Department of Education for the position.

Approved: 04/19/2021         Reviewed 04/14/2021     Revised 04/19/2021

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.

Approved: 04/19/2021         Reviewed 04/14/2021     Revised 04/19/2021

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.

Approved: 04/19/2021         Reviewed 04/14/2021     Revised 04/19/2021

Evaluation of classified employees on their skills, abilities, and competence is an ongoing process supervised by the superintendent. The goal of the formal evaluation of classified employees is to maintain classified employees who meet or exceed the board's standards of performance, to clarify each classified employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.

It is the responsibility of the superintendent to ensure classified employees are formally evaluated annually.  New and probationary classified employees are formally evaluated at least twice a year.

Approved: 04/19/2021         Reviewed 04/14/2021     Revised 04/19/2021

The first 90 days of a newly employed classified employee's contract is a probationary period. "Day" is defined as one work day regardless of full-time or part-time status of the employee. New employees, regardless of experience, are subject to this probationary period.

"New" employees includes individuals who are being hired for the first time by the school district and those who may have been employed by the school district in the past, but have not been employed by the board during the school year prior to the one for which contracts are being issued.

Only the board, in its discretion, may waive the probationary period.

Approved: 04/19/2021         Reviewed 04/14/2021     Revised 04/19/2021

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.

Approved: 04/19/2021         Reviewed 04/14/2021     Revised 04/19/2021

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 or compensatory time  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.

Approved: 04/19/2021         Reviewed 04/14/2021     Revised 04/19/2021

Classified employees may be eligible for group insurance benefits as determined by the board and required by law. The board will select the group insurance program and the insurance company which will provide the program.

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer classified employees, who are expected to work and average of at least thirty (30) hours per week or one hundred and 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 districts group health plan.  The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees.

Classified employees, who work an average of at least thirty (30) hours per week or 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 are employed by the district are eligible for $25,000 life insurance and AD&D policies and LTD group insurance plans.  Employers should maintain documents regarding eligible employee’s acceptance and rejection of coverage.

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©(4); Treas. Reg. §54.4980H-1(a)(21)(ii)
Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54, 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: 04/19/2021                        Reviewed 04/14/2021             Revised 04/14/2021

The board authorizes the administration to make a payroll deduction for classified employees tax sheltered annuity premiums purchased from a company or program that participates in the State’s R/C plan, with board approval. Classified employees wishing to have payroll deductions for tax sheltered annuities will make a written request to the business manager.
 
 
Approved: 04/19/2021                        Reviewed 04/14/2021             Revised 04/14/2021

Classified employees who wish to resign during the school year will give the board notice of their intent to resign and final date of employment and cancel their contract fourteen days prior to their last working day, unless otherwise agreed to by both employer and employee.

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

Approved: 04/19/2021                        Reviewed 04/14/2021                         Revised 04/14/2021

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

Application for retirement will be considered made when the classified employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board if applicable, the employee's intent to retire. The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent.

Board action to approve a classified employee's application for retirement is final, and such action constitutes termination of the employee's contract effective the day of the employee's retirement.

Classified employees and their spouse and dependents who have group insurance coverage through the school district may be allowed to continue coverage of the school district's group health insurance program, at their own expense, by meeting the requirements of the insurer.

Approved: 04/19/2021                        Reviewed 04/14/2021             Revised 04/14/2021

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.

Approved: 04/19/2021                        Reviewed 04/14/2021             Revised 04/14/2021

The board believes classified employees should perform their jobs, respect board policy and obey the law. A classified employee may be dismissed upon fourteen days notice or immediately for cause. 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.

Approved: 04/19/2021                        Reviewed 04/14/2021                         Revised 04/14/2021

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

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

Approved: 04/19/2021                        Reviewed 04/14/2021                         Revised 04/14/2021

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

Classified employees who work twelve months a year will be allowed six paid holidays if the holidays fall on a regular working day. The six holidays are New Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving Day and Christmas Day.

Classified employees will be paid only for the hours they would have been scheduled for the day. Vacation will not be accrued from year to year without a prior arrangement with the superintendent.

It is the responsibility of the superintendent to make a recommendation to the board on vacation and personal leave for classified employees.

Approved: 04/19/2021                        Reviewed 04/14/2021                         Revised 04/14/2021

Classified employees are granted ten days of sick leave in their first year of employment. Each year thereafter, one additional day of sick leave will be granted to the employees up to a maximum of fifteen days. "Day" is defined as one work day regardless of full-time or part-time status of the employee. A new employee will report for work at least one full work day prior to receiving sick leave benefits. A returning employee will be granted the appropriate number of days at the beginning of each fiscal year. Sick leave may be accumulated up to a maximum of 90 days for classified employees.

Should the personal illness occur after or extend beyond the accumulated sick leave, the employee may apply for disability benefits under the group insurance plan. If the employee does not qualify for disability benefits, the employee may request a leave of absence without pay.

Evidence may be required regarding the mental or physical health of the employee including, but not limited to, confirmation of the following: the employee's illness, the need for the illness leave, the employee's ability to return to work, and the employee's capability to perform the duties of the employee's position. It is within the discretion of the board and the superintendent to determine the type and amount of evidence necessary. When an illness leave will be greater than three consecutive days, the employee will comply with board policy regarding family and medical leave.

If an employee is eligible to receive workers' compensation benefits, the employee will contact the board secretary to implement these benefits.

Approved: 04/19/2021                        Reviewed 04/14/2021                         Revised 04/14/2021

Employees may use paid sick leave, personal leave, or vacation, as part of the FMLA provision.  Employees eligible for family and medical leave must comply with the family and medical leave guidelines as set by the federal government, 29CFR825, The Family and Medical Leave Act.

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 rolling twelve months from first date of leave.  Requests for family and medical leave will be made to the business manager/superintendent.

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding family and medical leave of such employees shall be followed.     

Approved: 04/19/2021                        Reviewed 04/14/2021                         Revised 04/14/2021

Up to five (5) days total leave per family member per year shall be granted for the death or critical illness of spouse, child, mother, father, brother, sister, spouse’s mother, spouse’s father, grandchildren, or their significant relative. Each employee shall be granted one (1) day of leave, per death or funeral of relatives consisting of grandparents, uncles, aunts, or cousins of the employee or his/her spouse. Each employee shall be granted on (1) day of leave per year to be used in full or half day units, to attend the funeral of a “non” relative.  Additional days may be granted for family death at the discretion of the Superintendent

Approved: 04/19/2021                        Reviewed 04/14/2021                         Revised 04/14/2021

The board will provide a leave of absence to classified employees to run for elective public office. The superintendent will grant a classified employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The classified employee will be entitled to one period of leave to run for the elective public office, and the leave may commence any time within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the superintendent at least thirty days prior to the starting date of the requested leave.

Approved: 04/19/2021                        Reviewed 04/14/2021                         Revised 04/14/2021

The board will allow classified employees to be excused for jury duty unless extraordinary circumstances exist. The superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district. The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.

Classified employees will receive their regular salary. Any payment, other than mileage, for jury duty is turned over to the school district.

Approved: 04/19/2021                        Reviewed 04/14/2021                         Revised 04/14/2021

The board recognizes classified employees may be called to participate in the armed forces, including the national guard. If a classified employee is called to serve in the armed forces, the employee will have a leave of absence for military service until the military service is completed.

The leave is without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

Approved: 04/19/2021                        Reviewed 04/14/2021                         Revised 04/14/2021

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies. Unpaid leave for classified employees must be authorized by the superintendent. Whenever possible, classified employees will make a written request for unpaid leave ten days prior to the beginning date of the requested leave. If the leave is granted, the deductions in salary are made unless they are waived specifically by the superintendent.

The superintendent will have complete discretion to grant or deny the requested unpaid leave. In making this determination, the superintendent will consider the effect of the employee's absence on the education program and school district operations, the financial
condition of the school district, length of service, previous record of absence, the reason for the requested absence and other factors the superintendent believes are relevant in making this determination.

If unpaid leave is granted, the duration of the leave period is coordinated with the scheduling of the education program whenever possible, to minimize the disruption of the education program and school district operations.

Approved: 04/19/2021                        Reviewed 04/14/2021                         Revised 04/14/2021

Professional purposes leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments.

Application for the leave must be presented to the superintendent 5 days prior to the meeting or conference.

It is within the discretion of the superintendent to grant professional purposes leave. The leave may be denied on the day before or after a vacation or holiday, on special days when services are needed, when it would cause undue interruption of the education program and school district operations, or for other reasons deemed relevant by the superintendent.

Approved: 04/19/2021                        Reviewed 04/14/2021                         Revised 04/14/2021