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

    Family & Consumer Sciences

    Industrial Technology

    Agriculture               

    Business

It is the policy of the Emmetsburg Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Superintendent, 205 King Street, Emmetsburg, Iowa  50536, 712-852-3201.

NOTE: A school district may have a different coordinator for each law or consolidate the responsibilities under one employee. The Iowa Department of Education encourages districts to have no more than two (2) coordinators: one for employment and one for programs. If the district has more than one coordinator, publications of this policy and notifications must include the name, contact address, contact phone number and email address for each coordinator.

It is the policy of the Emmetsburg Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Superintendent, 205 King Street, Emmetsburg, Iowa  50536, 712-852-3201.

NOTE: A school district may have a different coordinator for each law or consolidate the responsibilities under one employee. The Iowa Department of Education encourages districts to have no more than two (2) coordinators: one for employment and one for programs. If the district has more than one coordinator, publications of this policy and notifications must include the name, contact address, contact phone number and email address for each coordinator.

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

• Participation of your child in school district programs and activities, including extracurricular programs and activities, to the maximum extent appropriate, free of discrimination based upon the student's disability and at the same level as students without disabilities;

• Receipt of free educational services to the extent they are provided students without disabilities:

• Receipt of information about your child and your child's educational programs and activities in your native language;

• Notice of identification of your child as having a qualifying disability for which accommodations may need to be made and notice prior to evaluation and placement of your child and right to periodically request a re-evaluation of your child;

• Inspect and review your child's educational records including a right to copy those records for a reasonable fee; you also have a right to ask the school district to amend your child's educational records if you feel the information in the records is misleading or inaccurate; should the school district refuse to amend the records, you have a right to a hearing and to place an explanatory letter in your child's file explaining why you feel the records are misleading or inaccurate; and

• Hearing before an impartial hearing officer if you disagree with your child's evaluation or placement; you have a right to counsel at the hearing and have the decision of the impartial hearing officer reviewed.

It is the policy of the Emmetsburg Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Superintendent, 205 King Street, Emmetsburg, Iowa  50536, 712-852-3201.

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It is the policy of the Emmetsburg Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Superintendent, 205 King Street, Emmetsburg, Iowa  50536, 712-852-3201.

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

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

Filing a Complaint

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

Investigation 

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

• A request for the Complainant to provide a written statement regarding the nature of the complaint; 

• A request for the individual named in the complaint to provide a written statement; 

• A request for witnesses identified during the course of the investigation to provide a written statement; 

• Interviews of the Complainant, Respondent, or witnesses; 

• An opportunity to present witnesses or other relevant information; and 

• Review and collection of documentation or information deemed relevant to the investigation. 

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

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

Decision and Appeal

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

The decision of the superintendent shall be final. 

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

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

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

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

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REGULATION 104-R(1): Anti-Bullying/Harassment Policy-Investigation Procedures

Filing a Complaint

An individual who believes that the individual has been harassed or bullied may file a complaint with the superintendent or superintendent’s designee.  The complaint form is available here: [Complaint Form].  An alternate investigator will be designated in the event it is claimed that the superintendent or superintendent’s designee committed the alleged bullying or harassment or some other conflict of interest exists.  Complaints shall be filed within 5 days of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence.  The Complainant will state the nature of the complaint and the remedy requested. The Complainant shall receive assistance as needed. 

Investigation 

The school district will promptly and reasonably investigate allegations of bullying or harassment upon receipt of a written complaint. The Level 1 Investigator hereinafter (“Investigator”) will be responsible for handling all complaints alleging bullying or harassment.  

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

• Interviews with the Complainant and the individual named in the complaint (“Respondent”)

• A request for the Complainant to provide a written statement regarding the nature of the complaint; 

• A request for the Respondent to provide a written statement; 

• Interviews with witnesses identified during the course of the investigation; 

• A request for witnesses identified during the course of the investigation to provide a written statement; and 

• Review and collection of documentation or information deemed relevant to the investigation. 

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

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

Decision 

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

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

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

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

Meeting Procedure

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

1.    Final Meeting of the Retiring Board

    (1)    Call to order.

    (2)    Roll call.

    (3)    Approval of minutes of previous meeting(s).

    (4)    Unfinished business.

             (a)  Current claims and accounts (for the retiring board to authorize).

    (5)    Examine and settle the books for the previous year.

    (6)    Review of election results.  The board secretary will present the county auditor's official report on the latest elections.  Official results are recorded in the minutes.

    (7)    Adjournment of the retiring board.

2.    Organizational Meeting of the New Board

    (1)    Superintendent as president pro-term, will preside over the meeting until a new board president is elected.

    (2)    Call to order.

    (3)    Roll call.

    (4)    Oath of office.  The board secretary will administer the oath to new members.

    (5)    Election of a president of the board.  The president pro-term calls for nominations; nominations need not be seconded.  The board will then vote on the nominations. The secretary will announce the result of the vote, and the Board Secretary will administer the oath of office to the newly elected president and the newly elected president will assume the chair.

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

Other items of business at the organizational meeting may include:

    (7)    Board resolution of appreciation recognizing the public service rendered by retiring board members.

    (8)    Determination of dates, times, and places for regular meetings of the board.

    (9)    Board resolution to define the operating rules and practices that will be followed by the new board.

    (10)    Board resolution to authorize the interim payment of bills pursuant to policy 705.3.

    (11)    Superintendent's report.

    (12)    Adjournment.

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

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

Legal Reference:    Iowa Code §§ 274.2; 275.23A; 277.23, .28, .31; 279.1, .5, .7, .8 , .33 (2013).

                                    281 I.A.C. 12.3(2).

Cross Reference:    202    Board of Directors Members

    206.1    President

    206.2    Vice-President

    210    Board of Directors' Meetings

Approved    2/15/17                   Reviewed     10/18/23                  Revised                   

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

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

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

NOTE:  The last paragraph states the legal requirements to run for the school board.  An individual must be an eligible elector in order to run for the school board.  An eligible elector need not be registered to vote. An eligible elector needs only to be eligible to be registered to vote.  Also, a spouse of an employee may run for the board. Details on conflict of interest are in Policy 203, Board of Directors' Conflict of Interest.

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

Cross Reference:    201    Board of Directors' Elections

    202.4    Vacancies

    203    Board of Directors' Conflict of Interest

Approved    11/20/00           Reviewed   10/18/23         Revised                   

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

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

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

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

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

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

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

Cross Reference:    200.1    Organization of the Board of Directors

    201.4    Board of Directors' Elections

    202    Board of Directors Members

    204    Code of Ethics

    206    Board of Directors' Officers

Approved     11/20/00          Reviewed      10/18/23                      Revised   3/21/11        

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

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

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

Cross Reference:           201   Board of Directors' Elections

                                    202   Board of Directors Members

                                    202.4 Vacancies

Approved 10/26/1970    Reviewed  10/18/23    Revised 3/21/2011

A vacancy occurs when a board members resigns, forfeits or otherwise leaves office. A vacancy also includes, but is not limited to, the following: failure to be properly elected, failure to qualify within the time fixed by the law, failure to reside in the school district or director district, a court order declaring the seat vacant, conviction of a felony, three violations of the open meetings law, or conviction of a public offense in violation of the oath of office.

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

The newly appointed board member shall hold the position until the next scheduled school election, unless there is an intervening special election. At that time the appointed board member may run for a four year term, if one is available, or run for the remainder of the unexpired term.

Interested parties must submit a Letter of Intent to the Board Secretary 5 business days prior to the board meeting in which the appointment will be made. Current board members will nominate and appoint a new board member from the submitted letters.

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

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

Legal Reference:    Iowa Code §§ 21.6; 69; 277.29; 279

                                    Good v. Crouch, 397 N.W.2d 757 (Iowa 1986).

Board of Directors of Grimes Independent School Dist. v. County Board of Public Instruction of Polk Co., 257 Iowa 106, 131 N.W.2d 802 (1965).

Board of Directors of Menlo Consol. School Dist. v. Blakesburg, 240 Iowa 910, 36 N.W.2d 751 (1949).    1944 Op. Att'y Gen. 39.

Cross Reference:    201   Board of Directors’ Elections

            202   Board of Directors Members

Approved:    2/13/78        Reviewed:    10/18/23        Revised:   1-15-20

The Board of Education believes it is important to seek out and consider student ideas, viewpoints, and opinions regarding the district’s educational program. To provide student input, the Board shall include at least 2 non-voting representative(s) from the student body. 

Student school board representative eligibility and duties: 

• The student school board representative shall be a full-time high school student in the district [one junior/one senior representative]; 

• The student school board representative shall participate in an orientation of board responsibilities and procedures as determined by the Superintendent; 

• The student school board representative shall be eligible to participate in discussion, but not vote, at all regular board meetings held in open session; 

• The student school board representative shall be responsible for communicating board decisions and information to the student body; and

• The student school board representative will be provided with and shall abide by all applicable sections of the Board Members’ Code of Ethics. 

The term of office shall be from: 

• The first regular board meeting in September to the last regular board meeting in May; or

If the student school board representative is unable to attend a board meeting, the student school board representative must notify the Superintendent of the absence. A student school board representative who neglects his/her duties may be removed from the position at the discretion of the Board. 

NOTE: This is an optional policy.

NOTE: The Board should determine a process for how students may apply or be selected to be the student school board representative(s). While the specific process does not need to be detailed in policy, the Board should know and have decided upon a process. Options may include: 

•    An application process; 

•    Vote of the student body; or 

•    Student school board representative is a responsibility of the president or other officer of the student council. 

Adopted: 10/18/23                          Reviewed:                                  Revised:

Policy 206.1 PRESIDENT

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

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

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

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

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

NOTE: Board presidents were required by law to be elected during the organizational meeting following elections, and at the annual meeting in even-numbered years, and could only serve on year terms.  After school elections changed to November, that required boards to wait until November each year to hold their annual meetings and settle their financials from the fiscal year prior.  This 2021 change in the law separates out the election of the board president from the annual meeting.  This change allows the annual meeting to be held after August 31, but closer to the end of the preceding fiscal year, and the board president to be elected during the board’s regular meeting in November to maintain a one year term of office. 

Legal Reference:

Iowa Code §§ 279.1-.2; 291.1.

Cross Reference:

200.1 Organization of the Board of Directors

202.2 Oath of Office

206.2 Vice-President

Approved     10/26/70     Reviewed 10/18/23    Revised    11/15/2021       

Policy 206.2 VICE-PRESIDENT

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

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

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

Legal Reference:

Iowa Code § 279.5

Cross Reference:

200.1 Organization of the Board of Directors

202.2 Oath of Office

206.1 President

Approved    10/26/70           Reviewed    10/18/23              Revised    11/15/2021           

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

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

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

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

Cross Reference:           202.2     Oath of Office

                                    206.4     Treasurer

                                    210.1     Annual Meeting

                                    215        Board of Directors' Records

                                    501.10   Truancy - Unexcused Absences

                                    707.1     Secretary's Reports

                                    708        Care, Maintenance and Disposal of School District Records

Approved    2-13-78                 Reviewed   10/18/23                                 Revised  9/18/24     

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

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

If the treasurer is unable or unwilling to carry out the duties required, it shall be the responsibility of the board secretary to carry out the duties of the treasurer.

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

Legal Reference:    Iowa Code §§ 12B.10; 12C; 279.3, .31-.33; 291.2-.4, .8, .11-.14 

    281 I.A.C. 12.3(1).

    1978 Op. Att'y Gen. 328.

Cross Reference:    202.2    Oath of Office

    206.3    Secretary

    210.1    Annual Meeting

    215    Board of Directors' Records

    704.3    Investments

    707    Fiscal Reports

Approved    10/26/70           Reviewed    10/18/23           Revised   9/18/24                

Ad Hoc Committee Purpose and Function

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

Role of an Ad Hoc Committee Member

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

Ad Hoc Committee Membership

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

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

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

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

Legal Reference:    Iowa Code §§ 274.1-.2; 279.8; 280.12 (2013).

    281 I.A.C. 12.3(2).

    1970 Op. Att'y Gen. 287.

Cross Reference:    101    Educational Philosophy of the School District

    200.2    Powers of the Board of Directors

    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

Approved    11/5/84            Reviewed   11/21/23                       Revised   12/20/93, 11/20/00        

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

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

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

Legal Reference:    Iowa Code § 279.8 (2013).

    281 I.A.C. 12.3(2).

    1970 Op. Att'y Gen. 287.

Cross Reference:    200.2    Powers of the Board of Directors

    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

Approved    10/26/70           Reviewed      11/21/23                  Revised     12/20/93, 11/20/00      

The board policy manual is available electronically. Persons unable to access the policy manual electronically should contact the board secretary for assistance.

Copies of changes in board policy will be included in or attached to the minutes of the meetings in which the final action was taken to adopt the new or changed policy.

Legal Reference:    Iowa Code §§ 277.31; 279.8 (2013).

    281 I.A.C. 12.3(2).

Cross Reference:    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

Approved    11/20/00           Reviewed      11/21/23     Revised    6/19/19               

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

Legal Reference:    Iowa Code § 279.8 (2013).

    281 I.A.C. 12.3(2).

Cross Reference:    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

Approved    11/20/00           Reviewed        11/21/23         Revised                   

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

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

Legal Reference:    Iowa Code § 279.8 (2013).

    281 I.A.C. 12.3(2).

Cross Reference:    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

    302.4    Superintendent Duties

    304    Policy Implementation

Approved     11/20/00          Reviewed      11/21/23       Revised                   

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

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

• Board of Directors (Series 200)

• Administration, Employees (Series 300 and 400)

• School District, Education Program (Series 100 and 600)

• Students (Series 500)

• Noninstructional Operations and Business Services, Buildings and Sites, School District-Community Relations (Series 700, 800 and 900)

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

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

Legal Reference:    Iowa Code § 279.8 (2013).

    281 I.A.C. 12.3(2).

Cross Reference:    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

Approved    1/9/84           Reviewed   11/21/23                     Revised    12/20/93, 11/20/00       

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

It shall be the responsibility of the superintendent to develop administrative regulations to implement the board policies.  The regulations will be reviewed by the board prior to their use in the school district. Handbooks will be approved by the board prior to their use.

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

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

Cross Reference:    200.3    Responsibilities of the Board of Directors

    209    Board of Directors' Management Procedures

Approved     11/20/00          Reviewed      11/21/23            Revised                   

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

At the annual meeting, the board shall examine the financial books and settle the secretary's and treasurer's statements for the fiscal year ending the preceding June 30.  As part of the annual reports, the treasurer shall present affidavits from depository banks. 

The board, at this meeting, shall also appoint a board secretary and a treasurer.  In the board's discretion, one individual may serve as both the secretary and treasurer.  The board may also appoint the board's legal counsel.

Legal Reference:    Iowa Code §§ 279.3, .33 (2013).

Cross Reference:    206.3  Secretary

    206.4  Treasurer

    701.1  Depository of Funds

    707     Fiscal Reports

Approved    12/12/83           Reviewed   12/20/23                         Revised   12/20/93       

The regular meeting time and date will be set by the board at the organizational meeting in odd-numbered years, or at the annual meeting in even-numbered years.  

The regular meetings of the board will be held monthly. The board will set the date and time at the annual organizational meeting. The board will adhere to this meeting date and time unless the board requires additional meetings or, due to circumstances beyond the board's control, the meeting cannot be held on the regular meeting date, and the meeting will be re-scheduled in accordance with law and policy.  Public notice of the meetings will be given.

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

Cross Reference:    200.1   Organization of the Board of Directors

    210      Board of Directors' Meetings

Approved    11/5/84          Reviewed     12/20/23                   Revised    11/21/11       

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

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

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

Legal Reference:    Iowa Code §§ 21.3, .4; 279.2 (2013).

    1980 Op. Att'y Gen. 148.

Cross Reference:    200.1    Organization of the Board of Directors

    210    Board of Directors' Meetings

Approved     7/11/83            Reviewed     12/20/23           Revised    11/20/00               

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

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

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

    1982 Op. Att'y Gen. 162.

    1980 Op. Att'y Gen. 167.

    1976 Op. Att'y Gen. 384, 514, 765.

    1972 Op. Att'y Gen. 158.

    1970 Op. Att'y Gen. 287.

Cross Reference:    210    Board of Directors' Meetings

    211    Open Meetings

Approved     11/20/00          Reviewed        12/20/23             Revised                   

Public notice shall be given for meetings and work sessions held by the board.  Public notice shall indicate the time, place, date and tentative agenda of board meetings.  The public notice shall be posted on the bulletin board outside the central administration office at least two days before it is scheduled, but, at the minimum, twenty-four hours notice needs to be given.

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

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

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

Legal Reference:    Dobrovolny v. Reinhardt, 173 N.W.2d 837 (Iowa 1970).

    Iowa Code §§ 21.2-.4; 279.1, .2 (1999).

    1952 Op. Att'y Gen. 133.

Cross Reference:    210    Board of Directors' Meetings

    210.8    Board of Directors' Meeting Agenda

Approved    12/12/83           Reviewed    1-15-20           Revised        12/20/23         

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

While board members are encouraged to attend board meetings, 4 members shall constitute a quorum and are a sufficient number to transact business of the school corporation.  The adjournment of a meeting may be executed without a quorum.

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

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

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

Approved    10/26/70           Reviewed    12/20/23         Revised          1-15-20         

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

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

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

The purpose of modified rules adopted by the board are:

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

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

Cross Reference:    210    Board of Directors' Meetings

    210.8    Board Meeting Agenda

Approved     10/26/70          Reviewed     12/20/23           Revised      11/20/00             

Policy 210.8 BOARD MEETING AGENDA

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

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

The tentative agenda and supporting documents will be sent to the board members   4   days prior to the scheduled board meeting.  These documents are the private property of the board member.  Persons wishing to view the tentative agenda and supporting documents may do so at the central administration office.

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

It is the responsibility of the board president and superintendent to develop the agenda for each board meeting.  Any board member may place an item on the next regular agenda with the consent of a majority of the board.  Board members wishing to do so should provide notice to the superintendent and board president   4   days prior to the scheduled meeting.

NOTE:  There is no legal requirement for the method used in developing the board agenda.  This policy states the common procedure for drafting the board agenda.  If a board uses another procedure, it should be reflected in this policy.

Legal Reference:

Iowa Code §§ 21; 279.8.

Cross Reference:

210 Board of Directors' Meetings

211 Open Meetings

213 Public Participation in Board Meetings

215 Board of Directors' Records

402.5 Public Complaints About Employees

502.4 Student Complaints and Grievances

Approved     11/5/84          Reviewed     12/20/23         Revised  12/15/21

    At the organizational meeting of the Emmetsburg Community School District Board of Directors held each year at its regular meeting in November as required by law, the Board shall be called to order by the immediate past-president.  In the event that person is no longer a member of the Board, the secretary shall act as temporary chairman.

    The first order of business shall be to swear into office any new members unless they shall have been so sworn previously.  The Board shall then elect from its membership a President and Vice-President. The elections shall be conducted by first obtaining written nominations.  The two members whose names appear most frequently as nominees shall be declared the candidates and the election to office shall be by written ballot.

LEGAL REFERENCES:  Iowa Code Sections 274.2; 277.28; 277.31; 279.1; 279.5; 279.7.

Approved     10/26/70          Reviewed     12/20/23          Revised     11/20/00              

Rescinded 9/15/21

Approved    2/13/78           Reviewed    9/15/21            Revised    11/20/00               

Policy 213.1 PUBLIC COMPLAINTS

The board recognizes situations may arise in the operation of the school district which are not of concern to parents and other members of the school district community. The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern. Whenever a complaint of concern is brought to the attention of the board it will be referred to the Chain of Command protocols.

 Prior to board action however, the following should be completed:

1. Matters should first be addressed to the teacher or employee.

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

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

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

Approved 9/15/21       Reviewed                     Revised   1/24/24              

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

With respect to format, the following is offered as a guideline:

    1.    The minutes should be typewritten on single sheets of durable white paper.

    2.    Pages should be numbered.

    3.    Each item of business should have a brief topical heading in the right margin and motions should be             numbered consecutively and annotated.

    4.    An index should be prepared for each year.

    5.    All minutes should be signed by the proper officers of the board.

    6.    A duplicate set of minutes should be kept.

    7.    The original minutes-book should be secured in a fire-proof safe, vault or file in the central                             administration office.

    8.    The duplicate set should be kept in a designated place in the central administration office or be                     otherwise readily available for inspection following approval by the board.

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

    1.    The place, date, and time of each meeting.

    2.    The type of meeting--regular, special, emergency, work session.

    3.    Members present and members absent, by name.

    4.    The call to order and adjournment.

    5.    The departure of members by name before adjournment.

    6.    The late arrival of members, by name.

    7.    The time and place of the next meeting.

    8.    Approval, or amendment and approval, of the minutes of the preceding meeting.

    9.   Complete information as to each subject of the board's deliberation and the action taken.

10.     The maker and seconder of the motion, what action was taken, and the vote on the motion detailed              enough to attribute a vote to each member present.

11.     Complete text of all board resolutions, numbered consecutively for each fiscal year.

12.    A record of all contracts entered into, with the contract documents kept in a separate file.

13.    A record of all change orders on construction contracts.

14.    All employment changes, including resignations or terminations.

15.    A record, by number, of the bills of account approved by the board for payment.

16.    A record of all calls for bids, bids received, and action taken thereon.

17.    Approval of all transfers of funds from one budgetary fund to another.

18.    Important documents forming a part of a motion should be made a part of the minutes by exhibit and             placed in the minute book along with the minutes.

19.    Board policy and administrative guides should be made a part of the minutes by exhibit.

20.    Adoption of the school calendar should become a part of the minutes.

21.    A record of all delegations appearing before the board and a record of all petitions.

22.    At the annual meeting in July/August each year the record should indicate that the books of the                     treasurer and secretary and the Certified Annual Report have been examined and approved subject             to audit.

23.   The election or appointment of board officers.

24.    The appointment of auditors to examine the books.

At the organizational meeting, the minutes should reflect the following:

25. Appointment of a temporary chairperson if not specified in policy.

26. Oath of office administered to newly elected board members.

27. Nominations taken for the office of president and vice-president.

28. Election of the president and vice-president, the votes and the oath of office administered to the president and vice-president.

29. The resolution to pay bills when the board is not in session.

30. A resolution naming depositories along with the maximum deposit for each depository.

31. A resolution authorizing the use of the current system for checks that print the Board President's signature as the proper control. Bills will be processed with the Board President's signature stamp as the proper control.

Approved   10/26/70            Reviewed    1/24/24            Revised      9/18/19             

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

Legal Reference:    Iowa Code § 279.38 (2013).

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

Approved    10/20/70           Reviewed   1/24/24                    Revised     11/20/00     

High achieving school boards work as a team to create high expectations for all students.  Board learning is foundational to creating this solid governance structure focused on student learning for school boards. The board may participate in conferences sponsored by educational associations and agencies in addition to its own in-service programs and work sessions.

The board shall work closely with the Iowa Association of School Boards and encourage the board members to participate in qualifying learning opportunities to achieve the Annual Board Award.

Legal Reference: Iowa Code §§ 279.8, .38 (2013).

Cross Reference: 216.1 Association Membership

Approved    11/20/00         Reviewed    1/24/24               Revised                   1-15-20

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

Prior to reimbursement of actual and necessary expenses, the board member must submit a detailed receipt indicating the date, purpose and nature of the expense for each claim item.  A credit card receipt is generally not considered a detailed receipt. Failure to provide a detailed receipt shall make the expense non-reimbursable. Personal expenses shall be reimbursed by the board member to the school district no later than ten working days following the date of the expense.  In exceptional circumstances, the board may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances shall be maintained as part of the school district's record of the claim.

Travel outside of the school district must be pre-approved.  Pre-approved expenses for transportation within three-hundred miles of the central administration office of the school district will be by automobile.  If a school district vehicle is not available, the board member will be reimbursed the current DMV mileage rate per mile.  Pre-approved expenses for transportation outside of three-hundred miles will be by public carrier.  Reimbursement for air travel will be at the tourist class fares.  Should a board member 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 board members traveling on behalf of the school district warrant a larger vehicle.  Travel inside the school district in the board member's personal vehicle will not be reimbursed.

Pre-approved expenses for lodging within the state is limited to $150/night.  Pre-approved expenses for lodging outside the state is limited to the rate of a medium priced hotel in the area.  Lodging may be pre-approved for a larger amount if special circumstances require the board member to stay at a particular hotel.

Pre-approved expenses for meals within the state are limited to $10 for breakfast, $20 for lunch and $30 for dinner.  Pre-approved expenses for meals outside the state are limited to $10 for breakfast, $20 for lunch and $30 for dinner.  Meals may be pre-approved for a larger amount at the discretion of the board.

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

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

Cross Reference: 203 Board of Directors' Conflict of Interest

401.7 Employee Travel Compensation

401.10 Credit Cards

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

Cross Reference:    203    Board of Directors' Conflict of Interest

    401.7    Employee Travel Compensation

    401.10    Credit Cards

Approved    10/26/70           Reviewed    1/24/24           Revised     03/21/11              

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

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

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

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

Legal Reference:    Iowa Code § 279.8 (2013).

Cross Reference:    301    Administrative Structure

Approved   2/13/78            Reviewed    10/16/19            Revised    9/15/14      

Policy 302.1 SUPERINTENDENT QUALIFICATIONS, RECRUITMENT, APPOINTMENT

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

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

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

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

Note: 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 (2012).

42 U.S.C. §§ 2000e et seq. (2012).

Iowa Code §§ 21.5(1)(i); 35C; 216; 279.8, .20 (2013).

281 I.A.C. 12.4(4).

1980 Op. Att'y Gen. 367.

Cross Reference:

200.2 Powers of the Board of Directors

200.3 Responsibilities of the Board of Directors

301 Administrative Structure

302 Superintendent

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

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

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

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

Note: May 15 is the date established by Iowa law for notice of board action to consider termination of an administrator’s contract. The board may select an earlier day, but may not select a later date.

Legal Reference:    Martin v. Waterloo Community School District, 518 N. W. 2d 381 (Iowa 1994)

Cook v Plainfield Community School District, 301 N.W.2d 771 (Iowa App. 1980).

    Board of Education of Fort Madison Community School District v. Youel, 282 N.W.2d 677 (Iowa 1979).

    Briggs v Board of Directors of Hinton Community School District, 282 N.W.2d 740 (Iowa 1979).

    Luse v. Waco Community School District of Henry Co., 258 Iowa 1087, 141 N.W.2d 607 (1966).

    Iowa Code §279.20

    281 I.A.C. 12.4

Cross Reference:    302    Superintendent

Approved   2/13/78            Reviewed    10/16/19            Revised    8/16/17       

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

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

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

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

    1984 Op. Att'y Gen. 47.

Cross Reference:    302    Superintendent

Approved     11/20/00          Reviewed   10/16/19             Revised                   

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

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

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

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

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

Legal Reference:    Iowa Code §§ 279.8, .20, 23A (2013).

    281 I.A.C. 12.4(4).

Cross Reference:    209    Board of Directors' Management Procedures

    301    Administrative Structure

    302    Superintendent

Approved   2/13/78            Reviewed    10/16/19            Revised    9/15/14       

Policy 302.5 SUPERINTENDENT EVALUATION

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

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

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

The formal evaluation will be based upon the following principles:

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

NOTE:  The Iowa Board of Education previously adopted the new Iowa Standards for School Leaders which will take effect on July 1, 2021.  Districts are required to use these new standards in conducting evaluations of school administrators.

Legal Reference:

Wedergren v. Board of Directors, 307 N.W.2d 12 (Iowa 1981).

Iowa Code §§ 279.8, .20, .23, .23A.

281 I.A.C. Ch. 83; 12.3(4).

Cross Reference:

212 Closed Sessions

302 Superintendent

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

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

The superintendent shall report to the board after an event.

Legal Reference:    Iowa Code § 279.8 (2013).

    281 I.A.C. 12.7.

Cross Reference:    303.7    Administrator Professional Development

    401.7    Employee Travel Compensation

Approved   1/17/93          Reviewed    10/16/19            Revised    11/20/00       

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

It shall be the responsibility of the superintendent to become involved in school district community activities and events.  The board may include a lump sum amount as part of the superintendent's compensation to be used specifically for paying the annual fees of the superintendent for school district community activities and events if, in the board's judgment, the superintendent's participation will further the public purpose of promoting and deriving support for the school district and public education in general.  It shall be within the discretion of the board to pay annual fees for professional organizations and activities.

Legal Reference:    Iowa Code § 279.8 (2013).

    1990 Op. Att'y Gen. 79.

Cross Reference:    302.3    Superintendent Salary and Other Compensation

    303.8    Administrator Civic Activities

Approved    11/20/00          Reviewed   10/16/19           Revised                   

The school board has complete discretion to set the level of employment for the superintendent's position i.e. full-time or part-time employment.  The board expects the superintendent to give the responsibilities of the position precedence over other employment. The superintendent may accept consulting or outside employment for pay as long as, in the judgment of the board, the work is conducted on the superintendent's personal time and it does not interfere with the performance of the superintendent's duties.

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

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

Cross Reference:    302.2    Superintendent Contract and Contract Nonrenewal

    302.4    Superintendent Duties

Approved    11/20/00           Reviewed   10/16/19             Revised   9/15/14    

The district shall have, in addition to the superintendent, other administrative positions: 5-12 Principal, 5-12 Asst. Principal, PS-4 Elementary Principal, and the School Business Official (SBO). These administrators shall work closely with the day to day operations of the school district. 

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

Legal Reference:    Iowa Code §§ 279.8, .20, .21, .23-.24 (2013).

                               281 I.A.C. 12.4.

Cross Reference:    301    Administrative Structure

                                303    Administrative Employees

Approved     11/20/00          Reviewed  11/18/2019           Revised 3/20/24             

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

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

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

It will be the responsibility of the superintendent to make a recommendation to the board for filling an administrative position, based on the requirements stated in this policy. The superintendent shall advertise simultaneously internally and externally for qualified applicants. The board shall act only on the superintendent's recommendation.

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

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

                               281 I.A.C. 12.4.

                               1980 Op. Att'y Gen. 367.

Cross Reference:    303    Administrative Employees

Approved    11/20/00           Reviewed   11/18/2019           Revised   3/20/24               

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

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

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

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

Note: May 15 is the date established by Iowa law for notice of board action to consider termination of an administrator’s contract. The board may select an earlier day, but may not select a later date. 

Legal Reference:    Martin v. Waterloo Community School District, 518 N. W. 2d 381 (Iowa 1994)

                               Cook v Plainfield Community School District, 301 N.W.2d 771 (Iowa App. 1980).

                               Board of Education of Fort Madison Community School District v Youel, 282 N.W.2d 677                                 (Iowa 1979).

                               Briggs v Board of Education of Hinton Community School District, 282 N.W.2d 740                                         (Iowa 1979).

                               Iowa Code § 279

                               281 I.A.C. 12.4

Cross Reference:    303    Administrative Employees

Approved   1/17/93            Reviewed    11/18/2019            Revised 3/20/24   

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

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

Legal Reference:    Iowa Code § 279.21 (2013).

                               1984 Op. Att'y Gen. 47.

Cross Reference:    303    Administrative Employees

Approved    11/20/00           Reviewed   11/18/2019          Revised 3/20/24               

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

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

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

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

Legal Reference:     Iowa Code §§ 279.8, .21, .23A (2013).

                                281 I.A.C. 12.4(5), .4(6), .4(7).

Cross Reference:    301    Administrative Structure

                                303    Administrative Employees

Approved    11/20/00           Reviewed   11/18/2019           Revised 3/20/24      

Policy 303.6 ADMINISTRATOR EVALUATION

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

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

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

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

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

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

NOTE:  The Iowa Board of Education previously adopted the new Iowa Standards for School Leaders which will take effect on July 1, 2021.  Districts are required to use these new standards in conducting evaluations of school administrators.

Legal Reference:

Iowa Code §§ 279.8, .21-.23A.

281 I.A.C. Ch 12.3(3); ch. 83

Cross Reference:

303 Administrative Employees

Approved    11/20/00          Reviewed  3/20/24           Revised  11/15/2021            

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

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

The administrator shall report to the superintendent after an event.

Legal Reference:    Iowa Code § 279.8 (20136.

                               281 I.A.C. 12.7.

Cross Reference:   302.6    Superintendent Professional Development

    401.7    Employee Travel Compensation

Approved    11/20/00           Reviewed   11/18/2019           Revised 3/20/24               

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

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

Legal Reference:    Iowa Code § 279.8 (2013).

                               1990 Op. Att'y Gen. 79.

Cross Reference:    302.7    Superintendent Civic Activities

Approved    11/20/00           Reviewed   11/18/2019             Revised 3/20/24             

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

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

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

Cross Reference:    303.3    Administrator Contract and Contract Non-renewal

                                303.5    Administrator Duties

Approved    11/20/00           Reviewed   11/18/2019             Revised  3/20/24                

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

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

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

It shall be the responsibility of the superintendent to enforce administrative regulations.

Legal Reference: Iowa Code § 279.8 (2013).

Cross Reference: 209 Board of Directors' Management Procedures

304.2 Monitoring of Administrative Regulations

Approved    11/20/00       Reviewed   12/18/19     Revised    4/17/24               

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

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

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

Cross Reference:    209    Board of Directors' Management Procedures

    304.1    Development and Enforcement of Administrative Regulations

Approved    11/20/00           Reviewed     4/17/24                   Revised                   

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

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

Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply.  In employing individuals, the board will consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, sexual orientation, gender identity, national origin, religion, age 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 the background checks required by law. Based upon the results of the background checks, the school district will determine whether an offer will be extended. If the candidate is a teacher who has an initial license from the BOEE, then the requirement for a background check is waived. The district will perform repeat background checks on applicable employees as required by law.

Advertisements and notices for vacancies within the district will contain the following statement:  "The Emmetsburg Community School District is an equal employment opportunity/affirmative action employer."  The statement will also appear on application forms.

Inquiries shall be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Emmetsburg Community School District, 205 King Street, Emmetsburg, Iowa 50536; or by telephoning 712-852-3201.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights.  Steven Mitchell, regional manager, Office for Civil rights, U.S. Department of  Health and Human Services , 233 N. Michigan Ave. Suite 240, Chicago, IL 60601.  Phone 800-368-1019. Fax 202-619-3818. TDD 800-537-7697.  This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

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

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

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

    42 U.S.C. §§ 12101 et seq..

Approved   4/2/90            Reviewed    1-15-20            Revised    4/17/24             

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

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

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

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

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

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

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

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

        Cease the outside employment or activity; or

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

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

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

Legal Reference:    Iowa Code §§ 20.7; 68B; 279.8; 301.28 (2013).

Cross Reference:    203    Board of Directors' Conflict of Interest

    402.4    Gifts to Employees

    402.6    Employee Outside Employment

Approved   1/17/94            Reviewed    1-15-20            Revised    5/15/24       

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.

Legal Reference:    Iowa Code §§ 20; 71; 277.27; 279.8 (2013).

Cross Reference:    405.2    Licensed Employee Qualifications, Recruitment Selection

    411.2    Classified Employee Qualifications, Recruitment Selection

Approved    1/22/01           Reviewed   1-15-20                     Revised 5/15/24                  

Policy 401.4 EMPLOYEE COMPLAINTS

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

If the complaint cannot be resolved, the employee may discuss the matter with their immediate supervisor.  If the matter cannot be resolved within 10 days of speaking with the immediate supervisor, the employee may discuss it with the principal within 10 days of the supervisor's decision.  If the matter cannot be resolved by the principal, the employee may discuss it with the superintendent within 10 days after speaking with the principal.

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

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

NOTE: Boards should adapt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.). 

NOTE:  There should be reasonable limits on the number of days an employee has to pursue a complaint.  Cross reference with the number of days listed in policy 502.4 for consistency. 

Legal Reference:

Iowa Code §§ 20; 279.8

Cross Reference:

210.8 Board Meeting Agenda

Approved     1/22/01          Reviewed    5/15/24            Revised   12/15/21             

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

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

Legal Reference:    Iowa Code chs. 20; 21; 22; 91B (1999).

Cross Reference:    402.1    Release of Credit Information

    403    Employees' Health and Well-Being

    708    Care, Maintenance and Disposal of School District Records

Approved    1/22/01             Reviewed    2/24/2020             Revised 5/15/24                  

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

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

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

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

Legal References: 

20 U.S.C. §7926

281 I.A.C. 12.3(14)

Cross References: 

401.5 Employee Records

402.2 Child Abuse Reporting

402.3 Abuse of Students by School District Employees

405.2 Licensed Employee Qualifications, Recruitment, Selection

411.2 Classified Employee Qualifications, Recruitment, Selection

Approved 2/24/2020 Reviewed 5/15/24  Revised 9/18/24

Prior Policy 401.06 Transporting Students by School Employees was rescinded on 2/24/2020

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

Travel Outside the School District

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

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 itemized receipt indicating the date, purpose and nature of the expense for each claim item.  In exceptional circumstances, the superintendent may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances shall be maintained as part of the school district's record of the claim.

Failure to have a detailed receipt will make the expense a personal expense.  Personal expenses, including mileage, in excess of that required for the trip are reimbursed by the employee to the school district no later than 10 working days following the date of the expense.

Reimbursement for actual and necessary expenses for travel outside the school district will be limited to the pre-approved expenses.  Pre-approved expenses for registration are limited to the actual cost of the registration.

Pre-approved expenses for transportation within three-hundred miles of the school district administrative office will be by automobile.  If a school district vehicle is not available, the employee will be reimbursed at the Internal Revenue Service standard mileage rate. Travel to/from home and work is never a reimbursable travel expense. The board on a case by case basis will establish the rate for in district travel between buildings by district employees. Pre-approved expenses for transportation outside three hundred miles of the school district administrative office may be by public carrier. Reimbursement for air travel will be at the tourist class fare. 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’s employee shall be a personal expense not reimbursed by the district.

Pre-approved expense for lodging within the state is limited to $200 per night. Pre-approved expense by the superintendent for lodging outside the state is limited to the rate of a medium priced hotel in the area.  Lodging may be pre-approved for a larger amount if special circumstances require the employee to stay at a particular hotel by the superintendent. Pre-approved expenses for meals are limited to $60/day.  Meals may be pre-approved for a larger amount by the superintendent.    

Travel Within the School District

Employees required to travel in their personal vehicle between school district buildings will not be reimbursed.

Use of District-Owned Vehicles

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

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

NOTE:  This policy contains auditor's requirements for a travel compensation policy, including incidental vehicle use, reimbursement by employees for personal use, travel between attendance centers and taxation of additional compensation.  As a result, most of the language of the policy is mandatory.  The paragraphs in brackets that address specific limitations for expenditures are optional.  

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

Iowa Code §§ 70A.9-.11 

1980 Op. Att'y Gen. 512.

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

401.6 Transporting of Students by Employees

401.10 Credit Cards

904.1 Transporting Students in Private Vehicles

Approved   3/11/85        Reviewed    2/24/2020            Revised    5/15/24      

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

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

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

    Iowa Code § 279.8 (1999).

    1980 Op. Att'y Gen. 102.

Cross Reference:    407    Licensed Employee Termination of Employment

    413    Classified Employee Termination of Employment

Approved    1/22/01            Reviewed    5/15/24       

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

Violation of this policy may be grounds for disciplinary action.

Legal Reference:    Iowa Code §§ 55; 279.8 (1999).

Cross Reference:    409.5    Licensed Employee Political Leave

    414.5    Classified Employee Political Leave

Approved    1/22/01            Reviewed    2/24/2020             Revised  5/15/24                 

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/administrative assistant.  Regular employees ineligible for the school district's group health plan will be given information regarding where they can obtain health care or health care insurance.

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

    191 I.A.C. 74.

Cross Reference:    404    Employee Conduct and Appearance

    406    Licensed Employee Compensation and Benefits

    412    Classified Employee Compensation and Benefits

Approved       1/22/01       Reviewed   5/15/24    Revised                   

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

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

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

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

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

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

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

Employees violating the policy will be subject to discipline, up to and including discharge.  It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

Legal References:         Internal Revenue Comment Notice, 2009-46,                 http://www.irs.gov/irb/2009-23_IRB/ar07.html

                                    Iowa Code §§ 279.8; 321.276.

Cross References:         406   Licensed Employee Compensation and Benefits

                                    412  Classified Employee Compensation and Benefits           

    707.5 Internal Controls

Approved: 5-15-19                     Reviewed:                      Revised:             

Policy 401.14 EMPLOYEE EXPRESSION

The board believes the district has an interest in maintaining an orderly and effective work environment while balancing employees First Amendment rights to freedom of expression and diverse viewpoints and beliefs.  When employees speak within their official capacity, their expression represents the district and may be regulated.  The First Amendment protects a public employee’s speech when the employee is speaking as an individual citizen on a matter of public concern.  Even so, employee expression that has an adverse impact on district operations and/or negatively impacts an employee’s ability to perform their job for the district may still result in disciplinary action up to and including termination.

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

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

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

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

Legal Reference: 

U.S. Const. Amend. I

Iowa Code §§ 279.73; 280.22

Cross Reference: 

502.3 Student Expression

504.3 Student Publications

Approved  9/15/21   Reviewed                      Revised                   

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

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

Legal Reference:    Iowa Code §§ 22.7; 279.8 (1999).

Cross Reference:    401.5    Employee Records

Approved    1/22/01           Reviewed   6/19/24                    Revised                   

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

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

Within six months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse 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.

 NOTE:  All mandatory reporter training certificates issued prior to July 1, 2019 remain effective for five years.  Once this certificate expires, subsequent training certificates will be valid for three years.  

 NOTE: For more information, please visit the “Report Abuse and Fraud” section of the Iowa Department of Human Services’ website, located at http://dhs.iowa.gov/report-abuse-and-fraud. 

 NOTE: Please remember there are two types of reporters identified in Iowa law: mandatory reporters and permissive reporters. Mandatory reporters are those individuals who are required by law to report suspected incidents of child abuse when they become aware of such incidents within the scope of their employment or professional responsibilities. Permissive reporters are not required by law to report abuse, but may choose to report to the Iowa Department of Human Services. While all licensed school employees, teachers, coaches and paraeducators and all school employees 18 years of age or older are mandatory reporters within the scope of their profession, they are considered permissive reporters outside the scope of their profession. 

Approved   1/17/94    _    Reviewed    6/19/24    Revised    8/23/23   

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

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

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

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

Legal Reference:    Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1) (1999).

    281 I.A.C. 12.3(6), 102; 103.

    441 I.A.C. 155; 175.

    1980 Op. Att'y Gen. 275.

Cross Reference:    402.2    Child Abuse Reporting

    403.5    Harassment

                503.5    Corporal Punishment

Approved   1/17/94        Reviewed    3/25/2020            Revised    9/18/24   

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

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

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

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

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

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

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

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

Legal References:    Iowa Code ch. 68B (1999).

    1972 Op. Att'y Gen. 276.

    1970 Op. Att'y Gen. 319.

Cross References:    217    Gifts to Board of Directors

    401.2    Employee Conflict of Interest

    704.4    Gifts-Grants-Bequests

Approved   1/17/94            Reviewed    4/15/15            Revised    6/19/24   

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

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

Original Adopted Date: 8/23/23               Reviewed Date:  6/19/24                                 Revised Date:

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

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

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

Legal Reference:    Iowa Code §§ 20.7; 279.8 (1999).

Cross Reference:    401.2    Employee Conflict of Interest

    408.3    Licensed Employee Tutoring

Approved     1/22/01          Reviewed   4/15/15                     Revised                   

The Emmetsburg 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 school district up to a maximum of $90. The form indicating the employee is able to perform the duties, with or without reasonable accommodation, for which the employee was hired, must be returned prior to the performance of duties. The cost of bus driver renewal physicals will be paid by the school district. The school district will provide the standard examination form to be completed by the personal physician of the employee or a certified medical examiner for bus drivers. 

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

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

Legal Reference:    29 C.F.R. Pt. 1910.1030 (1999).

    Iowa Code §§ 20.9; 279.8 (1999).

    281 I.A.C. 12.4(14); 43.15 -.20.

Cross Reference:    403    Employees' Health and Well-Being

Approved   6/3/85            Reviewed    9/21/16    Revised    9/21/16   

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

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

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

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

Legal Reference:    Iowa Code §§ 85; 279.40; 613.17 (1999).

    1972 Op. Att'y Gen. 177.

Cross Reference:    403    Employees' Health and Well-Being

    409.2    Licensed Employee Personal Illness Leave

    414.2    Classified Employee Personal Illness Leave

Approved     1/22/01                  Reviewed   5/20/15                     Revised                   

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

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

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

An employee who is at work and who has a communicable disease which creates a substantial risk of harm to a student, coworkers, or others at the workplace shall report the condition to the Superintendent any time the employee is aware that the disease actively creates such risk.

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

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

Legal Reference:    School Board of Nassau County v. Arline, 480 U.S. 273 (1987).

    29 U.S.C. §§ 794, 1910 (1994).

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

    45 C.F.R. Pt. 84.3 (1999).

    Iowa Code chs. 139; 141 (1999).

    641 I.A.C. 1.2-.7.

Cross Reference:    401.5    Employee Records

    403.1    Employee Physical Examinations

    507.3    Communicable Diseases - Students

Approved   1/17/94           Reviewed    5/20/15            Revised    4/25/05       

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

Each employee shall 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, shall be included in the employee's orientation.  When an additional hazardous substance enters the workplace, information about it shall be distributed to all employees, and training shall be conducted for the appropriate employees.  The superintendent shall maintain a file indicating which hazardous substances are present in the workplace and when training and information sessions take place.

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

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

Legal Reference:    29 C.F.R. Pt. 1910; 1200 et seq. (1999).

    Iowa Code chs. 88;89B (1999).

    347 I.A.C. 120.

Cross Reference:    403    Employees' Health and Well-Being

    804    Safety Program

Approved   1/20/94            Reviewed    5/20/15            Revised    1/22/01  

The board expects the school district and its employees to remain substance free.  No employee shall unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbituate, 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 shall notify the employee's supervisor of the conviction within five days of the conviction.

The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee.  An employee who violates the terms of this policy may be subject to discipline up to and including termination.

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

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

Legal Reference:    41 U.S.C. §§ 701-707 (1994).

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

    34 C.F.R. Pt. 85 (1999).

    Iowa Code §§ 123.46; 124; 279.8 (1999).

Cross Reference:    404    Employee Conduct and Appearance

Approved   1/17/94            Reviewed    6/17/2020        Revised    1/22/01   

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

The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing.  Employees operating school vehicles shall not perform a safety-sensitive function within four hours of using alcohol. Employees governed by this policy shall be subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the school district contact person, School Business Official at 205 King St.

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

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

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

IASB Drug and Alcohol Testing Program (IDATP) Web site:  

https://www.ia-sb.org/Main/Affiliated_Programs/Iowa_Drug_Alcohol_Testing_Program.aspx

This is a mandatory policy. 

Legal Reference:    American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 (4th Cir. 1995).

    49 U.S.C. §§ 5331 et seq. (1994).

    42 U.S.C. §§ 12101 (1994).

    41 U.S.C. §§ 701-707 (1996).

    49 C.F.R. Pt. 40; 382; 391.81-123 (1994).

    34 C.F.R. Pt. 85 (1999).

    Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington, PERB No. 3876 (3-26-91).

    Iowa Code §§ 124; 279.8; 321.375(2); 730.5 (1999).

Cross Reference:    403.6    Substance-Free Workplace

    409.2    Licensed Employee Personal Illness Leave

    414.2    Classified Employee Personal Illness Leave

Approved      12/18/95         Reviewed       06/17/2020              Revised      11/20/2024

CHAPTER 25

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

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

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

“Board” means the Iowa board of educational examiners.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Iowa law provided that the offense is relevant to or affects teaching or administrative performance.

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

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

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

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

●    Lascivious acts with a child;

●    Assault with intent to commit sexual abuse;

●    Indecent contact with a child;

●    Sexual exploitation by a counselor;

●    Lascivious conduct with a minor;

●    Sexual exploitation by a school employee;

●    Enticing a minor under Iowa Code section 710.10; or

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

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

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

728.2;

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

728.15;

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

25.3(1)“b”(1); or

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

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

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

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

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

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

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

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

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

d.   Sexual exploitation of a minor. The commission of or any conviction for an offense prohibited by Iowa Code section 728.12, Iowa Code chapter 709 or 18 U.S.C. Section 2252A(a)(5)(B).

e.  Student abuse. Licensees shall maintain professional relationships with all students, both inside and outside the classroom. The following acts or behavior constitutes unethical conduct without regard to the existence of a criminal charge or conviction:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A.    Violation of this standard includes:

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

(2)   Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract.  An administrator shall make a good faith effort to determine whether the practitioner has been released from the current contract.

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

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

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

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

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

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

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

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

3.    June 30.

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

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

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

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

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

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

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

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

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

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

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

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

l.    Delegating tasks to unqualified personnel.

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

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

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

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

q.     Failure of the practitioner holding a contract under Iowa Code section 279.13 to disclose to the school official responsible for determining assignments a teaching assignment for which the practitioner is not properly licensed.

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

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

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

b.    Failing to comply with 282—Chapter 9 concerning repayment of student loans. C.    Failing to comply with 282—Chapter 10 concerning child support obligations. D.    Failing to comply with a board order.

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

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

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

Code No. 404.R2

CODE OF RIGHTS AND RESPONSIBILITIES REGULATION REGULATION

CHAPTER 26
 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Approved    8/19/2020

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    

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

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

Note: Districts may choose to maintain a salary schedule but are only required to negotiate base wages as part of the collective bargaining process.

For more detailed discussion of this issue, see IASB’s Policy Primer, Vol. 25 #4 – May 1, 2017.

Note: Boards should adopt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.).

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

Cross Reference:         405    Licensed Employees - General

                                   406.2 Licensed Employee Compensation Advancement

Approved:9-16-2020    Reviewed:      9-16-2020           Revised:_____________

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

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

Note: Boards should adopt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.).

For more detailed discussion of this issue, see IASB’s Policy Primer, Vol. 25 #4 – May 1, 2017.

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

Cross Reference:           405 Licensed Employees - General

                                    406 Licensed Employee Compensation and Benefits

Approved___9-16-2020        Reviewed___9-16-2020____       Revised________________  

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

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

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

Note: The law no longer requires a district to provide advancement for continued education credit. Districts may choose to maintain advancement for continued education credit but are only required to negotiate base wages as part of the collective bargaining process.

NOTE:  If the Master Contract is silent, school districts need to insert a deadline in this policy.  It is recommended the deadline be before budget certification so school districts can budget for the increase.  If the Master Contract contains a date, that date can be inserted in this policy.

Note: Boards should adopt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.).

For more detailed discussion of this issue, see IASB’s Policy Primer, Vol. 25 #4 – May 1, 2017.

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

Cross Reference:           405 Licensed Employees - General

                                    406 Licensed Employee Compensation and Benefits

Approved 9-16-2020    Reviewed__9-16-2020__    Revised______________                

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

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

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

Note: Boards should adopt IASB sample policies to meet the needs of the local district. Please ensure that the language contained in local policy is consistent with language contained in other district documents (e.g., handbooks, master contracts, etc.).

For more detailed discussion of this issue, see IASB’s Policy Primer, Vol. 25 #4 – May 1, 2017.

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

Cross Reference:           405  Licensed Employees - General

                                    406  Licensed Employee Compensation and Benefits

Approved: 9/16/20   Reviewed: 9/16/20   Revised: 7/17/24

Licensed employees shall be eligible for group benefits.  The board as determined by the board and required by law. The board shall select the group benefit program 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 (130) hours per month, based on the measurement method adopted by the board, with the 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 participate in the group health plan. Licensed employees who work 30 hours per week are eligible to participate in other group plans that the district offers. Employers should maintain documents regarding eligible employee’s acceptance and rejection of coverage. 

Regular part-time employees who work less than 30 hours per week or 130 hours per month for health benefit purposes or employees who work less than 30 hours per week 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 spouses and dependents may be allowed to continue coverage of the school district’s group health program if they cease employment with the district by meeting the  requirements of the plan.

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

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

    Internal Revenue Service § 4980H(c)(4); Treas. Reg. §54.4980H-1(a)(21)(ii)

    Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Part

    1, 54 and 301, 78 Reg. 21`7, (Jan 2, 2013)

    Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Part

    1, 54 and 301, 79 Reg. 8543 (Feb 12, 2014)

Cross Reference:    405.1    Licensed Employee Defined

    706.2    Payroll Deductions

Approved      9-16-2020                Reviewed    9-16-2020             Revised       8-16-17    

This policy was eliminated 9/15/2008

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

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

Legal Reference:    Iowa Code §§ 91A.2, .3, .5; 279.13, .19A (1999).

Cross Reference:    405.3    Licensed Employee Individual Contracts

            405.4    Licensed Employee Continuing Contracts

            407    Licensed Employee Termination of Employment

Approved     1/22/01          Reviewed   10-21-2020                    Revised                   

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 shall have sole discretion to determine what constitutes unusual and extreme circumstances.

Release from a contract shall be contingent upon finding a suitable replacement.  Licensed employees requesting release from a contract after it has been signed and before it expires may be required to pay the board up to $1,000 in teacher recruitment expenses incurred to locate and hire a suitable replacement.  Upon written mutual agreement between the employee and the superintendent, the costs may be deducted from the employee's salary. Payment of these costs shall be a condition for release from the contract at the discretion of the board.  Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.

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

Legal Reference:    Iowa Code §§ 216; 272; 279.13, .19A, .46 (1999).

    1978 Op. Att'y Gen. 247.

    1974 Op. Att'y Gen. 11, 322.

Cross Reference:    405.3    Licensed Employee Individual Contracts

    405.4    Licensed Employee Continuing Contracts

    407.3    Licensed Employee Retirement

Approved     11/12/79      Reviewed       10-21-2020                       Revised    1/22/01       

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 shall be within the discretion of the board to determine whether special circumstances exist.

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

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

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

Legal Reference:    Iowa Code §§ 97B; 216; 279.46 (1999).

    581 I.A.C. 21.

    1978 Op. Att'y Gen. 247.

    1974 Op. Att'y Gen. 11, 322.

Cross Reference:    401.14    Recognition for Service of Employees

    407.4    Licensed Employee Early Retirement

Approved        1/22/01               Reviewed   10-21-2020    Revised                   

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

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

Legal Reference:    Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (Iowa 1987).

    McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).

    Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (1999).

Cross Reference:    404    Employee Conduct and Appearance

    407    Licensed Employee Termination of Employment

Approved     111/20/89          Reviewed   10-21-2020           Revised     1/22/01      

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

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

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

    Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing;

    Relative skills, ability and demonstrated performance;

    Qualifications for co-curricular programs; and

    Number of continuous years of service to the school district.  This will be considered only when the foregoing factors are relatively equal between licensed employees.

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

Legal Reference:    Iowa Code §§ 

Cross Reference:    407.5    Licensed Employee Suspension

    413.6    Classified Employee Reduction in Force

    703    Budget

Approved     1/22/01          Reviewed   10-21-2020           Revised      8-16-17         

The Board of Education of Emmetsburg Community School District realizes the benefits its students and teachers will derive in having a staff with a balance of experienced employees and beginning employees.  The District will benefit by having a gradual rotation of employees. 

The Emmetsburg Community School District will provide payments as specified in board policy exhibit 407.6E1 to approved licensed employees who apply for voluntary early retirement and meet the eligibility and application requirements for this policy. The final decision on the acceptance of the early retirement application rests solely with the Emmetsburg Community School District Board of Directors. 

A.   Eligibility Requirements:   

1. Licensed employee possesses an Iowa Code Chapter 279 employment contract with Emmetsburg Community School District and must be a full-time employee.  Full-time licensed employees are licensed employees who work 40 hours per week and who are currently actively performing their assigned duties in the Emmetsburg Community School District. 

2. Licensed employees have reached age fifty-five (55) or will attain age fifty-five (55) on or before the actual date of retirement, which shall not be later than June 30, 2023, unless otherwise agreed to by parties.

3. Licensed employee has completed or will complete at the end of the 2022-23 school year at least fifteen/twenty (15/20) years of consecutive contracted service as a licensed employee in the Emmetsburg Community School District. Consecutive employment must be without any voluntary interruptions of service. Absences due to reductions in force or due to approved leaves will not constitute a voluntary interruption in service, unless the absence or leave exceeds twenty-four (24) consecutive months in length. However, the period of time during which an employee is absent due to a reduction in force or due to an approved leave will not be counted for purposes of determining the minimum length of service required to establish eligibility.

4. The licensed employee is not subject to discharge for cause or has not been discharged from employment by the Emmetsburg Community School District, except if due to staff reduction.

5. The licensed employee has not previously received early retirement benefits from the Emmetsburg Community School District.

B.  Application Requirements. 

1. Licensed employees wishing to apply for voluntary early retirement may do so                               immediately after the Board adopts the policy and must submit the attached application to             the Board Secretary with a letter of resignation on or before 3:30 p.m. on December 22, 2022.             No late applications will be considered. The Emmetsburg Community School Board of                   Directors reserves the right to limit the number of approved applications for early                           retirement. If the Board determines, in its sole and complete discretion, that it will be                     necessary to limit the number of approved applications the Board will use a process                     based on the date and time of each individual application for early retirement using the                 earliest application filed as the starting point and then moving forward chronologically first             to last, until the established number to be accepted is reached. If there is a tie between or             among employees using the first-come, first-served basis rule because more than the set             number of applications are received on the same date and time, the tie will be broken by               using School District seniority of employees and the most senior employee(s) will be                     granted early retirements benefits.

2.  The licensed employee must retire by June 30, 2023, unless an alternative retirement date             is mutually agreed upon by the parties.

3.  An employee’s application for early retirement benefits is not, in itself, a resignation of a                 contract with the School District 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 his/her continuing contract.  If the Board does not accept the employee’s application, the employee’s contract will                       continue in effect.

C.  Benefits

1. Basic Terms

   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

   2. In the event of death of the employee after July 1, of the completion of the retirement fiscal year, but prior to payment of the cash benefit, if any, by the School District, any balance shall be paid to the employee’s designated beneficiary or estate. The District shall not make any cash benefit payment, if any, if the employee dies before July 1, of the completion of the retirement fiscal year, even though the early retirement may have been approved. 

2. Continuation of Insurance

   1. As provided by Iowa Code Section 509A.13, the employee retiring under the early retirement program may be eligible to continue participation in the School District’s group insurance plan at the School District’s expense for a single employee policy up to a maximum benefit amount of $10,000 per fiscal year.  If the single policy premium in a fiscal year exceeds $10,000, or if the retiree elects family insurance coverage, the retiree employee will be responsible for the difference.  An employee who wishes to continue participation in the School District’s group insurance plan must be less than 65 years of age or not yet eligible for Medicare, must meet the requirements of the insurer and must pay the monthly premium amount, if applicable, in full to the board secretary prior to the due date for the School District’s premium payment to the insurer, if any is due.

   2. More specific information regarding the insurance benefit is outlined in the attached Exhibit.

   3. Nothing herein shall limit the School District's ability to change the terms of its existing health and major medical insurance plan.  This policy in no way guarantees that a participating Employee will be provided any certain level of benefits during the time of the Employee’s/retiree’s participation in the insurance benefits portion of the early retirement program.

3. Benefit Payment

   1. An eligible employee who is approved for early retirement shall receive:

      1. A total cash benefit of $45,000 payable over a three-year period with $20,000 paid in Year 1, $15,000 paid in Year 2 and $10,000 paid in Year 3.

      2. Payout of unused sick days available as of June 30, 2022 at a rate of $50.00 per day (payable in July 2023).

      3. See attached Exhibit for timing of payments.

4. Taxes

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

5. Review

The Emmetsburg Community School District Board of Directors has complete discretion to offer or not to offer an early retirement plan for licensed employees.  The Board may discontinue the School District’s early retirement plan at any time. The Early Retirement Policy will be in effect for the 2022-23 school year only.

1. Benefits allowed individuals for a previously approved early retirement application shall continue in effect if the early retirement policy is discontinued by the Emmetsburg Community School District Board of Directors.

2. Licensed employees may continue on the School District’s health insurance policy until they reach Medicare eligibility. The cost of the policy will remain with the School District up to a maximum annual amount of $10,000.

3. Licensed employees may elect a family policy at the employee’s expense as long as the plan is a continuance of their current plan. The Board of Directors reserves the right to modify the policies, its carrier and benefits administrator offered within the district.

4. A licensed employee who elects to participate in the School District’s early retirement program will become a retired employee and will be entitled to all rights and privileges of an employee under applicable law and policies of Emmetsburg Community School District.  Licensed employees who elect to participate in the early retirement program shall not  seek application for future employment with the Emmetsburg Community School District.  However, the District may hire a licensed employee who elects to participate in the early retirement program as a substitute teacher or other eligible position at the discretion of the superintendent. Any benefits not provided by this policy that were previously given during employment are forfeited upon return of employment as a substitute employee.

     5.The Board 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 any other                  request for a waiver.

     6. This plan shall terminate on June 30, 2023.  Notwithstanding the termination of this plan,               employees who are granted benefits pursuant to this plan will continue to receive such                 benefits as set forth herein.

     7. The adoption of this Early Retirement Plan shall not vest any right in any employee                       whether or not the employee is currently eligible for early retirement.  The Board shall have           the complete discretion to amend or repeal this plan or any provisions thereof at any time             with or without notice and shall not be obligated to provide any benefits to any employee               after the date of such amendment or repeal, except to those employees whose early                     retirement pursuant to this plan has commenced prior to amendment or repeal.

     8. Should any portion of this policy be in conflict with state or federal rules, regulations or                 laws, that portion of the policy shall be invalid, and all other portions remain in full force                 and effect. Any decision by the Board to waive a requirement or condition which is part of             this policy shall not establish any precedent with regard to future requests for a waiver.

     9. The Board is the final arbiter of all questions of interpretation under this plan, including but           not limited to, questions of eligibility or benefit calculations.

Approved     1/22/01         Reviewed  9/16/15            Revised 11/22/22

The board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills.  The board shall maintain and support an in-service program for licensed employees.

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

Legal Reference:    Iowa Code § 279.8 

    281 I.A.C. 12.7; 83.6.

Cross Reference:    405.10    Licensed Employee Organization Affiliation

    414.10    Classified Employee Professional Purposes Leave

Approved      1/22/01         Reviewed    11-18-2020             Revised       8-16-17        

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

Legal Reference:    Iowa Code § 279.8 (1999).

Cross Reference:    401.3    Employee Conflict of Interest

    606.6    Student Production of Materials and Services

Approved     1/17/94          Reviewed     11/18/2020           Revised    1/22/01       

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

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

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

Legal Reference:    Iowa Code §§ 20.7; 279.8 (1999).

Cross Reference:    401.3    Employee Conflict of Interest

    402.7    Employee Outside Employment

Approved     1/22/01          Reviewed   11/18/2020                     Revised                   

Policy 409.1 EMPLOYEE VACATION - HOLIDAYS 

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

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

Legal Reference:

Iowa Code §§ 1C; 4.1(34); 20.9.

Cross Reference: 

601.1 School Calendar

Approved    12/16/2020          Reviewed: 7/17/24    Revised      9-16-2020         

The board will offer the following leave to full-time regular licensed employees:

• Personal Illness (Sick) Leave – Leave for medically-related disability or illness
• Family Sick Leave- Leave to care for a sick member of the employee’s immediate family (using the personal sick leave balance)
• Bereavement Leave – Leave to mourn the loss of a family member or close friend
• Adoption Leave – Leave for an employee who legally adopts a child
• Personal Leave – Leave to accomplish personal business that cannot be conducted outside the work day
• Jury Duty Leave – Leave to be excused for jury duty
• Military Leave – Leave for military service, including the national guard
• Political Leave – Leave to run for elective public office

The board will offer the following leave to full-time regular classified employees:

• Personal Illness (Sick) Leave – Leave for medically-related disability or illness
• Family Sick Leave – Leave to care for a sick member of the employee’s immediate family (using the personal sick leave balance)
• Bereavement Leave – Leave to mourn the loss of a family member or close friend
• Adoption Leave – Leave for an employee who legally adopts a child
• Personal Leave – Leave to accomplish personal business that cannot be conducted outside the work day
• Jury Duty Leave – Leave to be excused for jury duty
• Military Leave – Leave for military service, including the national guard
• Political Leave – Leave to run for elective public office

The provisions of each leave offering will be detailed in the Employee Handbook.

Leave offered by the district will not be less than what is required by law. In the event of an emergency or unforeseen circumstance, the superintendent may authorize additional paid leave.

Legal Reference:

29 U.S.C. §§ 2601 et seq.

Pub.L. 116–127

29 C.F.R. §§ 825; 826.

Iowa Code §§ 20; 85; 216; 279.40.

Iowa Code §§ 20; 29A; 55; 85; 216; 279.40; 607A.

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

Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

Cross Reference:

403.2 Employee Injury on the Job

409.3 Licensed Employee Family and Medical Leave

409.8 Licensed Employee Unpaid Leave

Approved     12/16/2020         Reviewed  4/21/21    Revised       12/16/2020    

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 a fiscal year. Requests for family and medical leave shall be made to the superintendent.  

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

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

    26 U.S.C. §§ 2601 et seq. (Supp. 1994)

    29 C.F.R. Pt. 825 (1999).

    Iowa Code §§ 20; 85; 216; 279.40 

Cross Reference:    409.2    Licensed Employee Personal Illness Leave

    409.9    Licensed Employee Unpaid Leave

    414.3    Classified Employee Family and Medical Leave

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

In the event of a death of a member of a licensed employee's immediate family, bereavement leave may be granted.  Bereavement leave may be granted to a licensed employee for no more than ten days, with "day" being defined as one work day regardless of full-time or part-time status of the employee, per occurrence, for the death of a member of the immediate family.  The immediate family includes child, spouse, parent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent of the employee, grand children, stepmother, step father, aunt, uncle, nephew, niece, spouses grandparents, and any other member of the immediate household.

No more than one day of bereavement leave per year will be granted for the death of a close friend or other relative not listed above.

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

Legal Reference:    Iowa Code §§ 20.9; 279.8 (1999).

Cross Reference:    409    Licensed Employee Vacations and Leaves of Absence

Approved    1/22/01           Reviewed   RESCINDED 1-20-2021    Revised       8-17-17  

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

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

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

Legal Reference:    Iowa Code ch. 55 (1999).

Cross Reference:    401.15        Employee Political Activity

    409    Licensed Employee Vacations and Leaves of Absence

Approved     1/22/01          Reviewed   RESCINDED 1-20-2021                   Revised                   

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

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

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

Legal Reference:    Iowa Code §§ 20.9; 607A (1999).

Cross Reference:    409    Licensed Employee Vacations and Leaves of Absence

Approved     1/22/01           Reviewed   RESCINDED 1-20-2021                    Revised                   

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

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

Legal Reference:    Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

    Iowa Code §§ 20; 29A.28 (1999).

Cross Reference:    409    Licensed Employee Vacations and Leaves of Absence

Approved     1/22/01          Reviewed   RESCINDED  1-20-2021                    Revised                   

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

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

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

Whenever possible, licensed employees shall make a written request for unpaid leave 14 days prior to the beginning date of the requested leave.  If the leave is granted, the deductions in salary shall be made unless they are waived specifically by the superintendent.

Legal Reference:    Iowa Code §§ 20; 85; 85A; 85B; 279.12; 509; 509A; 509B

Cross Reference:    409    Licensed Employee Vacations and Leaves of Absence

Approved     1/22/01          Reviewed    RESCINDED  1-20-2021             Revised      8-16-17

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 10 or more consecutive days in the same position shall be paid according to the salary on BA-1 of the salary schedule.  Substitute licensed employees are expected to perform the same duties as the licensed employees.

Legal Reference:    Iowa Association of School Boards v. PERB, 400 N.W.2d 571 (Iowa 1987).

                                    Iowa Code §§ 20.1, .4(5), .9; Ch.272.

                                    281 I.A.C. 12.4.

Cross Reference:    405.1    Licensed Employee Defined

    405.2    Licensed Employee Qualifications, Recruitment, Selection

Approved     1/25/71          Reviewed     2/17/16           Revised     1/22/01   

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

Legal Reference:    Iowa Code §§ 279.8; 280.14

Cross Reference:    603.2    Summer School Instruction

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

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

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

Legal Reference:    Iowa Code §§ 299.10-.11, .15 (1999).

Cross Reference:    501.10    Truancy - Unexcused Absences

Approved     1/22/01          Reviewed   2/17/16                     Revised                   

The board may employ paraeducators or other instructional support personnel to assist licensed personnel in nonteaching 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.

It shall be the responsibility of the principal to supervise paraeducators and other instructional support personnel.

Legal Reference:    Iowa Code §§ 279.8; 280.3, .14 (1999).

    281 I.A.C. 12.4(9); .5(9).

Cross Reference:    411.2    Classified Employee Qualifications, Recruitment, Selection

Approved    1/22/01           Reviewed   2/17/16                     Revised                   

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

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

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

Legal Reference:    Iowa Code §§ 20; 279.8 

Cross Reference:    405.1    Licensed Employee Defined

    411.2    Classified Employee Qualifications, Recruitment, Selection

    412.3    Classified Employee Group Insurance Benefits

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

Persons interested in a classified employee position will have an opportunity to apply and qualify for classified employee positions in the school district in accordance with applicable laws and school district policies regarding equal employment without regard to age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability.  Job applicants for classified employee positions will be considered on the basis of the following:

∙    Training, experience, and skill;

∙    Nature of the occupation;

∙    Demonstrated competence; and 

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

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

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

NOTE: This is a mandatory policy.  The board has the authority to delegate hiring of classified staff to the superintendent if it is stated in board policy.  The board has to specify in policy the classified positions the superintendent is authorized to hire.   

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

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

            Iowa Code §§ 20; 35C; 216; 256.27; 279.8; 279.20

            281 I.A.C. 12

Cross Reference:    401.1    Equal Employment Opportunity

            411    Classified Employees - General

Approved    1/25/71            Reviewed    2/15/17    Revised       1/22/01   

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

Each contract shall include a thirty-day cancellation clause.  Either the employee or the board must give notice of the intent to cancel the contract at the end of thirty days.  This notice will not be required when the employee is terminated during a probationary period or for just cause.

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

It shall be the responsibility of the superintendent to draw up and process the classified employee contracts and present them to the board for approval.  The contracts, after being signed by the board president, shall be filed with the board secretary.

Legal Reference:    Iowa Code §§ 20; 279.7A; 285.5(9) (1999).

Cross Reference:    411    Classified Employees - General

    412.1    Classified Employee Compensation

    412.2    Classified Employee Wage and Overtime Compensation

    413    Classified Employee Termination of Employment

Approved    1/25/71            Reviewed    3/16/16    Revised        1/22/01              

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

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

    281 I.A.C. 12.4(10); 36; 43.

Cross Reference:    411.2    Classified Employee Qualifications, Recruitment, Selection

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

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

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

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

Cross Reference:    200.3    Powers of the Board of Directors

    411.6    Classified Employee Transfers

Approved    3/13/78            Reviewed    3/16/16    Revised     1/22/01  

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

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

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

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

    42 U.S.C. §§ 2000e et seq. (1994)

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

    Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1 (1999).

Cross Reference:    411.2    Classified Employee Qualifications, Recruitment, Selection

411.5    Classified Employment Assignment

Approved     3/13/98          Reviewed    3/16/16            Revised       1/22/01             

Evaluation of classified employees on their skills, abilities, and competence shall be an ongoing process supervised by the superintendent or building principal.  The goal of the formal evaluation of classified employees shall be 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 shall be the responsibility of the superintendent to ensure classified employees are formally evaluated annually.  New and probationary classified employees shall be formally evaluated at least twice a year.

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

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

    Iowa Code §§ 20.9; 279.14 (1999).

    281 I.A.C. 12.3(4).

Cross Reference:    411.2    Classified Employee Qualifications, Recruitment, Selection

    411.8    Classified Employee Probationary Status

Approved    1/25/71            Reviewed    3/16/16            Revised       1/22/01              

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

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

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

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

Cross Reference:    411.3    Classified Employee Contracts

    411.7    Classified Employee Evaluation

Approved     1/22/01          Reviewed   3/16/16    Revised                   

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

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

Legal Reference:    Iowa Code §§ 20.1, .4, .7, .9; 279.8 (1999).

Cross Reference:    411.3    Classified Employee Contracts

    412.2    Classified Employee Wage and Overtime Compensation

Approved    1/22/01         Reviewed   7/17/24                     Revised                   

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

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

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

Legal Reference:    Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985).

    29 U.S.C. §§ 206 et seq. (1994).

    29 C.F.R. Pt. 511-800 (1999).

Cross Reference:    411.3    Classified Employee Contracts

    412.1    Classified Employee Compensation

Approved     1/22/01        Reviewed   4/15/2020                     Revised                   

Policy 412.3 CLASSIFIED EMPLOYEE GROUP BENEFITS - Option I

(For districts that employ an average of at least 50 full-time employees, including an equivalent for part-time employees)

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

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

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

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

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

NOTE: Beginning on January 1, 2015, school districts that employ an average of at least 50 full-time employees (including an equivalent for part-time employees), are required to offer health coverage to full-time employees (and their dependents) or pay a penalty tax under the ACA Employer Mandate. Districts with 50-99 full-time employees (including an equivalent for part-time employees) may have until their 2016 plan year before compliance is required, if certain conditions are satisfied. Option I assumes a school district employs at least 50 full-time employees (including an equivalent for part-time employees) and is subject to the ACAs Employer Mandate. Boards can edit Option I to reflect their district's actual coverage (e.g., additional group insurance plans offered by the districts, which may include: life and long-term disability group insurance plans).

NOTE: For a more detailed discussion of this issue, see IASB’s Special Report, A School District’s Responsibilities under the Federal Patient Protection and Affordable Care Act (ACA), December 2014.

Legal Reference:

Iowa Code §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B.

Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014).

Cross Reference:

411.1 Classified Employee Defined

Approved    3/11/85            Reviewed    5/20/2020            Revised  11/15/2021   

This policy was eliminated 9/15/2008

Resignations shall be in writing signed by the resigning party and directed to the Superintendent of Emmetsburg Community Schools and referred by him or her to the Board of Directors with his or her recommendations.

The Board recognizes that there are some circumstances which force an employee to request a release from a contract before the expiration date of the contract; therefore, personnel will be released from their contracts at any time that suitable replacements can be secured.

Each employee under contract is expected to fulfill his or her contractual obligations by notifying the superintendent or his or her designated representative of his or her intention to resign at least thirty days prior to the expected date of termination.

Obligations of employees not on contract – all employees who are not serving under a contractual agreement are expected to give at least two weeks written notice.

Legal Reference:    Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9) (1999).

Cross Reference:    411.3    Classified Employee Contracts

    413    Classified Employee Termination of Employment

Approved    2/13/78           Reviewed    4/15/2020           Revised        1/22/01                

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 shall be final, and such action constitutes termination of the employee's contract effective the day of the employee's retirement.

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

Legal Reference:    29 U.S.C. §§ 621 et seq. (1994).

    Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46 (1999).

    581 I.A.C. 21.

    1978 Op. Att'y Gen. 247.

    1974 Op. Att'y Gen. 11, 322.

Cross Reference:    401.14    Recognition for Service of Employees

    413.3    Classified Employee Early Retirement

Approved      1/22/01         Reviewed   4/15/2020                     Revised                   

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

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

Legal Reference:    Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (Iowa 1987).

    McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).

    Iowa Code §§ 20.7, .24 (1999).

Cross Reference:    404    Employee Conduct and Appearance

    413    Classified Employee Termination of Employment

Approved    3/13/78           Reviewed    4/15/2020            Revised        1/22/01                 

The board believes classified employees should perform their jobs, respect board policy and obey the law.  A classified employee may be dismissed upon thirty days notice or immediately for just cause. Due process procedures shall be followed.

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

Legal Reference:    Iowa Code §§ 20.7, .24 (1999).

Cross Reference:    404    Employee Conduct and Appearance

    413.4    Classified Employee Suspension

    413.6    Classified Employee Reduction in Force

Approved    1/22/01          Reviewed   4/15/2020                     Revised                   

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

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

Legal Reference:    Iowa Code §§ 20.7, .24 (1999).

Cross Reference:    407.6    Licensed Employee Reduction in Force

    413.4    Classified Employee Suspension

    413.5    Classified Employee Dismissal

    703    Budget

Approved   1/22/01         Reviewed   4/15/2020                    Revised                   

The board shall 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 shall be 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 shall not be accrued from year to year without a prior arrangement with the superintendent.

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

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

Cross Reference:    409.1    Licensed Employee Vacations - Holidays - Personal Leave

    601.1    School Calendar

Approved    1/25/71            Reviewed   5/20/2020    Revised       8-16-17             

Non-certified personnel in the Emmetsburg Community School District shall be granted leave of absence for personal illness or injury with full pay at the rate of:

   The first year of employment             14 days

   The second year of employment       11 days

   The third year of employment           12 days

   The fourth year of employment         13 days

   The fifth year of employment            14 days

   The sixth year of employment           15 days

The above amounts shall apply only to consecutive years of employment in the same school district and unused portions shall be cumulative to at least a total of 130 days.  The school board shall, in each instance, require such reasonable evidence, as it may desire confirming the necessity for such leave of absence.

An employee who is unable to work because of personal illness or disability and who has exhausted all sick leave available shall be granted a leave of absence without pay or benefits for the duration of such illness or disability through the end of the school year.

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

    26 U.S.C. §§ 2601 et seq. (Supp. 1994)

    29 C.F.R. Pt. 825 (1999).

    Iowa  Code §§ 20; 85.33, .34, .38(3); 279.40 (1999).

    1980 Op. Att'y Gen. 605.

    1972 Op. Att'y Gen. 177, 353.

    1952 Op. Att'y Gen. 91.

Cross Reference:    403.2    Employee Injury on the Job

    414.3    Classified Employee Family and Medical Leave

    414.9    Classified Employee Unpaid Leave

Approved    2/13/78            Reviewed     5/20/2020            Revised     1/22/01      

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 fiscal year. Requests for family and medical leave shall be made to the superintendent.  

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

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

    26 U.S.C. §§ 2601 et seq. (Supp. 1994)

    29 C.F.R. Pt. 825 (1999).

    Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (1999).

    1980 Op. Att'y Gen. 605.

    1972 Op. Att'y Gen. 177, 353.

    1952 Op. Att'y Gen. 91.

Cross Reference:    409.3    Licensed Employee Family and Medical Leave

    414.2    Classified Employee Personal Illness Leave

    414.9    Classified Employee Unpaid Leave

Approved    1/22/01           Reviewed   5/20/2020                     Revised   5/20/2020