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

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

 

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

    89, 174 N.W. 47 (1919).

    Iowa Code §§ 256.7(3); 272.6; 272A; 279.8; 294.1 (1999).

    282 I.A.C. 14.

    281 I.A.C. 12.4; 41.25.

    1940 Op. Att'y Gen. 375.

Cross Reference:    405.2    Licensed Employee Qualifications, Recruitment Selection

    410.1    Substitute Teachers

    411.1    Classified Employee Defined

Approved     1/22/01          Reviewed   8/19/2020                     Revised                   

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

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

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

The board will employ licensed employees after receiving a recommendation from the superintendent.  The superintendent, however, will have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.

NOTE:  Marital status is not a protected class for employees.  The class may be added at the discretion of the board. Boards may delegate the hiring of teachers to the superintendent.  If the board decides to do so, the delegation must be in board policy so boards should either accept the language in the board policy or develop their own.  For more detailed discussion of this issue, see IASB's Policy Primer, Vol. 19 #10 – June 8, 2007.

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

    42 U.S.C. §§ 2000e, 12101 et seq. 

    Iowa Code §§ 20; 35C; 216; 279.13 (2013).

    281 I.A.C. 12.

    282 I.A.C. 14.

    1980 Op. Att'y Gen. 367.

Cross Reference:    401.1    Equal Employment Opportunity

    405    Licensed Employees - General

    410.1    Substitute Teachers

Approved  2-17-16                     Reviewed     8-19-2020                  Revised   8-16-17  

The board will enter into a written contract with licensed employees, other than administrators, employed on a regular basis.

Each contract will be for a period of one year, beginning on July 1 and ending on June 30.

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

NOTE: By law, the board president must sign all employment contracts and must do so prior to the employee signing the contract. Individual teaching contracts cannot exceed one year.

Legal Reference:    Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).

    Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 467 (1927).

    Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).

    Iowa Code chs. 20; 279 (1999).

Cross Reference:    405.2    Licensed Employee Qualifications, Recruitment, Selection

    405.4    Licensed Employee Continuing Contracts

    407    Licensed Employee Termination of Employment

Approved     1/17/94          Reviewed     8/19/2020           Revised    1/22/01   

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

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

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

 

Legal Reference:    Ar-We-Va Community School District v. Long and Henkenius, 292 N.W.2d 402 (Iowa 1980).

    Bruton v. Ames Community School District, 291 N.W.2d 351 (Iowa 1980).

    Hartman v. Merged Area VI Community College, 270 N.W.2d 822 (Iowa 1978).

    Keith v. Community School District of Wilton in the Counties of Cedar and Muscatine, 262 N.W.2d 249 (Iowa 1978).

    Iowa Code §§ 272; 279

Cross Reference:    405.3    Licensed Employee Individual Contracts

    405.9    Licensed Employee Probationary Status

    407    Licensed Employee Termination of Employment

Approved     6/1/84            Reviewed     8-19-2020           Revised    8-16-17       

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

Licensed employees are to be in their assigned school building during the work day. Advance approval to be absent from the school building must be obtained from the principal whenever the licensed employees must leave the 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 is outlined in this policy as a minimum work day. Nothing in this policy prohibits licensed employees from working additional hours outside the work day.

Legal Reference:    Iowa Code §§ 20; 279.8 (1999).

Cross Reference:    200.3    Powers of the Board of Directors

Approved     1/25/71          Reviewed     8-19-2020        Revised   8-16-17                     

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

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

 

Legal Reference:    Iowa Code §§ 20.9; 279.8 

Cross Reference:    200.3    Powers of the Board of Directors

Approved     2/13/78          Reviewed     8-19-2020          Revised    8-16-17         

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

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

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

 

Legal Reference:    Iowa Code §§ 20.9; 216.14; 279.8.

Cross Reference:    405.2    Licensed Employee Qualifications, Recruitment, Selection

    405.6    Licensed Employee Assignment

Approved     1/22/01          Reviewed   8-19-2020            Revised      8-16-17         

Evaluation of licensed employees on their skills, abilities, and competence shall be 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, shall be 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 shall be in writing and approved by the board.  The formal evaluation shall provide an opportunity for the evaluator and the licensed employee to discuss the past year's performance and the future areas of growth.  The formal evaluation shall be 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 shall be the responsibility of the superintendent to ensure licensed employees are evaluated.  New and probationary licensed employees shall be evaluated at least twice each year.

 

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

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

    Iowa Code §§ 20.9; 279.14, 

    281 I.A.C. 12.3(4).

Cross Reference:    405.2    Licensed Employee Qualifications, Recruitment, Selection

    405.9    Licensed Employee Probationary Status

Approved     1/17/94          Reviewed     8-19-2020           Revised    8-19-2020     

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

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

 

Legal Reference:    Iowa Code § 279

Cross Reference:    405.4    Licensed Employee Continuing Contracts

                405.8    Licensed Employee Evaluation

Approved     1/18/99          Reviewed    8-19-2020    Revised   8-16-17