BOARD POLICIES
BOARD POLICIESPOLICIES
Click on each Series to expand the list and navigate to the policy you wish to view. Or use the "Search" function in the upper right-hand corner of the site to search for a keyword or phrase across all policies, board agendas and board minutes.
100 - SCHOOL DISTRICT
100 - SCHOOL DISTRICT Jen@iowaschool… Tue, 04/13/2021 - 13:42100 - Legal Status of the School District
100 - Legal Status of the School DistrictIowa law authorizes the creation of a Common Schools System. As part of this Common Schools System, this school district is a school corporation created and organized under Iowa law. This school district is known as the Forest City Community School District.
This school corporation is located in Winnebago County, and its affairs are conducted by elected school officials, the Forest City Community School District Board of Directors. This school corporation has exclusive jurisdiction over school matters in the territory of the school district.
Legal Reference:
Iowa Code §§ 274.1, .2, .6, .7; 279.8; 594A.
Cross Reference:
200 Legal Status of the Board of Directors
Approved: 4-14-86
Reviewed: 8-9-21
Revised: 3-8-21
101 - Educational Philosophy of the School District
101 - Educational Philosophy of the School DistrictAs a school corporation of Iowa, the Forest City Community School District, acting through its board of directors, is dedicated to promoting an equal opportunity for a quality public education to its students. The board's ability may be limited by the school district's ability and willingness to furnish financial support in cooperation with student's parents and school district community. The board is also dedicated to providing the opportunity to develop a healthy social, intellectual, emotional, and physical self-concept in a learning environment that provides guidance to, and encourages critical thinking in, the students for a lifetime.
The board endeavors, through the dedication of the school district's resources, to encourage students, who come to the school district from a variety of backgrounds, to look forward to the time when they will have jobs, homes, families, places in the school district community, and attain recognition as individuals. In order to achieve this goal, the board will seek qualified employees dedicated to development of their professional skills for the betterment of the education program and for the expertise for educational productivity.
Instruction and curriculum are the key elements of a public education. Critical thinking and problem solving skills that will assist the students' preparation for life is instructed as part of a sequentially coordinated curriculum. The school district strives to prepare students for employment, to discover and nurture creative talent and to prepare them to meet and cope with social change in an atmosphere conducive to learning.
The support and involvement of the home and the school district community are essential to achieve educational excellence in the school district. The school district strives to maintain an active relationship with the home and the school district community to create within the students an awareness of dignity and worth of the individual, civic responsibility and respect for authority.
Legal Reference:
Iowa Code §§ 256.11.
Cross Reference:
102 Equal Educational Opportunity
103 Long-Range Needs Assessment
209 Board of Directors' Management Procedures
600 Goals and Objectives of the Education Program
602 Curriculum Development
Approved: 2-8-88
Reviewed: 8-9-21
Revised: 3-8-21
101.FC - Mission Statement
101.FC - Mission StatementOur mission statement reaffirms the purpose of the school district and makes a statement of beliefs about the relationship between the school and the learners.
OUR MISSION STATEMENT: The Forest City Community School is committed to providing each student the opportunity for a 21st century education.
VISION STATEMENT: The Forest City Community School District will challenge children of all abilities to achieve excellence in a wide range of academics, arts, athletics and activities.
CORE VALUES: Collaboration in the context of each part's role in the education of all our students respect for a diversity of ideas and people (open-mindedness and creativity) Honest discussions based on data and perceptions. Leadership, commitment, and follow-through to accomplish our vision and mission.
Mutual trust, Stewardship of the public's resources and Excellence in all we do.
ESSENTIAL LEARNER OUTCOMES: The following infusion areas will be a part of our curriculum in all subject areas:
- Communication Skills
- Learning/Study Skills
- Technology Skills
- Higher Order Thinking Skills
- Multicultural Gender Fair Skills
- Global Skills
- Career Skills
Approved: 2-8-88
Reviewed: 8-9-21
Revised: 3-8-21
102 - Equal Educational Opportunity
102 - Equal Educational OpportunityIt is the goal of the board to develop a healthy social, intellectual, emotional, and physical self-concept in the students enrolled in the school district. Each student attending school will have the opportunity to use its education program and services as a means for self-improvement and individual growth. In so doing, the students are expected to conduct themselves in a manner that assures each student the same educational opportunity.
The Forest City Community School District does 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. The belief in equal educational opportunity serves as a guide for the board and employees in making decisions relating to school district facilities, employment, selection of educational materials, equipment, curriculum, and regulations affecting students. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Zach Dillavou, 216 West School Street, Forest City, IA 50436, 641-585-4772, zdillavou@forestcity.k12.ia.us.
Board policies, rules and regulations affect students while they are on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.
The board requires all persons, agencies, vendors, contractors and other persons and organizations doing business with or performing services for the school district to subscribe to all applicable federal and state laws, executive orders, rules and regulations pertaining to contract compliance and equal opportunity.
Inquiries by students regarding compliance with equal educational opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, are directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Forest City Community School District, Forest City, Iowa; or by telephoning 641-585-2323.
Inquiries by students regarding compliance with equal educational opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights, U.S. Department of Education, John C. Kluczynski Federal Building, 230 S. Dearborn St., 37th Floor, Chicago, IL, 60604 (312) 730-1560, fax (312) 730-1576 OCR.Chicago@ed.gov, the Iowa Civil Rights Commissioner, https://icrc.iowa.gov, (515)281-4121 or the Iowa Dept. of Education, Grimes State Office Bldg., Des Moines, IA 50319. (515) 281-5294. This inquiry or complaint to the federal or state office may be done instead of, or in addition to, an inquiry or complaint at the local level.
Legal Reference:
20 U.S.C. §§ 1221 et seq.
20 U.S.C. §§ 1681 et seq.
20 U.S.C. §§ 1701 et seq.
29 U.S.C. § 206 et seq.
29 U.S.C. § 794
42 U.S.C. §§ 2000d and 2000e.
42 U.S.C. §§ 12101 et seq.
34 C.F.R. Pt. 100.
34 C.F.R. Pt. 104.
Iowa Code §§ 216.6; 216.9; 256.11, 280.3.
281 I.A.C. 12.
Cross Reference:
101 Educational Philosophy of the School District
401.1 Equal Employment Opportunity
500 Objectives for Equal Educational Opportunities for Students
506.1 Student Records
Approved: 12-14-16
Reviewed: 8-9-21
Revised: 03-08-21
102.E1 - Annual Notice of Nondiscrimination
102.E1 - Annual Notice of NondiscriminationThe Forest City School District offers career and technical programs in the following areas of study:
- Agriculture
- Business
- Family and Consumer Sciences
- Industrial Technology
- Automotive (in conjunction with NIACC)
- Health Services (in conjunction with NIACC)
- HVAC (in conjunction with NIACC)
It is the policy of the Forest City 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 Zach Dillavou, Equity Coordinator, 216 West School Street, Forest City, IA 50436, 641-585-4772, zdillavou@forestcity.k12.ia.us.
Approved: 1-11-16
Reviewed:8-9-21
Revised: 3-8-21
102.E2 - Continuous Notice of Nondiscrimination
102.E2 - Continuous Notice of NondiscriminationIt is the policy of the Forest City 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 Zach Dillavou, Equity Coordinator, 216 West School Street, Forest City, IA 50436, 641-585-4772, zdillavou@forestcity.k12.ia.us.
Approved: 1-11-16
Reviewed: 8-9-21
Revised: 3-8-21
102.E3 - Notice of Section 504 Student and Parental Rights
102.E3 - Notice of Section 504 Student and Parental RightsThe Forest City Community School District 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 Forest City 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 Zach Dillavou, Equity Coordinator, 216 West School Street, Forest City, IA 50436, 641-585-4772, zdillavou@forestcity.k12.ia.us.
Approved: 1-11-16
Reviewed: 8-9-21
Revised: 3-8-21
102.E4 - Discrimination Complaint Form
102.E4 - Discrimination Complaint FormDate of complaint: _________________________________
Name of Complainant: _________________________________
Are you filling out this form for yourself or someone else (please identify the
individual if you are submitting on behalf of someone else):
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________
Who or what entity do you believe discriminated against, harassed, or
bullied you (or someone else)?
_____________________________________________________
_____________________________________________________
_____________________________________________________
Date and place of alleged incident(s):
_____________________________________________________
_____________________________________________________
_____________________________________________________
Names of any witnesses (if any):
_____________________________________________________
_____________________________________________________
_____________________________________________________
Nature of discrimination, harassment, or bullying alleged (check all that apply):
_____ Age _____ Physical Attribute _____ Sex
_____ Disability _____ Physical/Mental Ability _____ Sexual Orientation
_____ Familial Status _____ Political Belief _____ Socio-economic Background
_____ Gender Identity _____ Political Party _____ Preference Other – Please Specify:
_____ Marital Status _____ Race/Color
_____ National Origin/Ethnic Background/Ancestry _____ Religion/Creed
In the space below, please describe what happened and why you believe that you or someone else has been discriminated against,
harassed, or bullied. Please be as specific as possible and attach additional pages if necessary.
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: _____________________________________ Date: __________________________
Approved: _____
Reviewed: _____
Revised: _____
102.E5 - Witness Disclosure Form
102.E5 - Witness Disclosure FormName of Witness:______________________________________________________
Date of interview:______________________________________________________
Date of initial complaint:_________________________________________________
Name of Complainant (include whether the Complainant is a student or employee):
____________________________________________________________________
____________________________________________________________________
Date and place of alleged incident(s):
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Nature of discrimination, harassment, or bullying alleged (check all that apply):
_____Age _____Physical Attribute _____Sex
_____Disability _____Physical/Mental Ability _____Sexual Orientation
_____Familial Status _____Political Belief _____Socio-economic Background
_____Gender Identity _____Political Party Preference _____Other – Please Specify:
_____Marital Status _____Race/Color
_____National Origin/Ethnic Background/Ancestry _____Religion/Creed
Description of incident witnessed:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Additional information:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: _____________________________________ Date: __________________________
102.E6 - Disposition of Complaint Form
102.E6 - Disposition of Complaint FormDate:__________________________________________________
Date of initial complaint:__________________________________________
Name of Complainant (include whether the Complainant is a student or employee):
____________________________________________________________________________________
____________________________________________________________________________________
Date and place of alleged incident(s):
____________________________________________________________________________________
____________________________________________________________________________________
Name of Respondent (include whether the Respondent is a student or employee):
____________________________________________________________________________________
____________________________________________________________________________________
Nature of discrimination, harassment, or bullying alleged (check all that apply):
_____Age _____Physical Attribute _____Sex
_____Disability _____Physical/Mental Ability _____Sexual Orientation
_____Familial Status _____Political Belief _____Socio-economic Background
_____Gender Identity _____Political Party Preference _____Other – Please Specify:
_____Marital Status _____Race/Color
_____National Origin/Ethnic Background/Ancestry _____Religion/Creed
Summary of Investigation:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: _____________________________________ Date: _________________________
102.R1 - Grievance Procedure
102.R1 - Grievance ProcedureIt is the policy of the Forest City 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 Zach Dillavou, 216 West School Street, Forest City, IA 50436, 641-585-4772, zdillavou@forestcity.k12.ia.us.
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 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 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 [ state number of days - 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 [ state number of days - 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 timeframes 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.
Approved: 12-14-15
Reviewed: _____
Revised: 3-8-21
103 - Long-Range Needs Assessment
103 - Long-Range Needs AssessmentLong-range needs assessment enables the school district to analyze assessment data, get feedback from the community about its expectation of students and determine how well students are meeting student learning goals. The board will conduct ongoing and in-depth needs assessment, soliciting information from business, labor, industry, higher education and community members, regarding their expectations for adequate student preparation.
In conjunction with the in-depth needs assessment of the school district, the board will authorize the appointment of a committee, representing administrators, employees, parents, students and community members, to make recommendations and assist the board in determining the priorities of the school district in addition to the basic skills areas of the education program.
The district describes the thinking/decision-making process it uses to collect and analyze the data from student data sources as well as program/service implementation data. Emphasis is placed on describing how key stakeholder groups are involved in the district decision-making process and clarification is provided in regard to the role of each stakeholder group and responsibility to the process. The district also provides a brief description on how district information is shared with our community. Data collection and analysis is a shared responsibility in our district.
A task of the District Advisory Committee is the development of a district wide needs assessment and to analyze its findings. A needs assessment is completed every five years. The DAC then makes recommendations to the Board of Education regarding district-wide prioritized needs, possible adjustments to CSIP goals, and the programs and services provided to students. The Forest City Board of Education makes decisions based on these recommendations.
It is the responsibility of the superintendent to ensure the school district community is informed of students' progress on state and locally determined indicators. The superintendent will report annually to the board about the means used to keep the community informed.
As a result of the board and committee's work, the board will determine major educational needs and rank them in priority order; develop long-range goals and plans to meet the educational needs; establish and implement short-range and intermediate range plans to meet the goals and to attain the desired levels of student performance; evaluate progress toward meeting the goals and maintain a record of progress under the plan that includes reports of student performance and results of school improvement projects; and annually report the school district's progress made under the plan to the committee, community and Iowa Department of Education.
Legal Reference:
Iowa Code §§ 21; 256.7; 280.12.
281 I.A.C. 12.8(1)(b).
Cross Reference:
101 Educational Philosophy of the School District
200 Legal Status of the Board of Directors
208 Committees of the Board of Directors
603.1 Basic Instruction Program
801.1 Buildings and Sites Long Range Planning
801.2 Buildings and Sites
Approved:11-14-88
Reviewed: 9-14-21
Revised: 3-8-21
103.R1 - Long-Range Needs Assessment Process
103.R1 - Long-Range Needs Assessment ProcessThe school district's long range needs assessment process includes these items:
- provisions for collecting, analyzing and reporting information derived from local, state and national sources;
- provisions for reviewing information acquired on the following:
- state indicators and other locally determined indicators,
- locally established student learning goals,
- specific data collection required by state and federal programs;
- provisions for collecting and analyzing assessment data on the following:
- state indicators,
- locally determined indicators,
- locally established student learning goals.
Approved: 2-10-05
Reviewed: 9-14-21
Revised: 3-8-21
104 - Anti-Bullying/Anti-Harassment Policy
104 - Anti-Bullying/Anti-Harassment PolicyThe Forest City Community School District is committed to providing all students, employees, and volunteers with a safe and civil school environment in which all members of the school community are treated with dignity and respect. Bullying and/or harassing behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed.
Bullying and/or harassment of or by students, employees, and volunteers is against federal, state, and local policy and is not tolerated by the board.
Accordingly, school employees, volunteers, and students shall not engage in bullying or harassing behavior while on school property, while on school-owned or school-operated vehicles, while attending or participating in school-sponsored or sanctioned activities, and while away from school grounds if the conduct materially interferes with the orderly operation of the educational environment or is likely to do so.
Complaints may be filed with the superintendent or superintendent’s designee pursuant to the regulation accompanying this
policy. The superintendent is responsible for implementation of this policy and all accompanying procedures. Complaints will be investigated within a reasonable time frame.Within 24 hours of receiving a report that a student may have been the victim of conduct that constitutes bullying and/or harassment, the district will notify the parent or guardian of the student.
If as a result of viewing surveillance system data or based on a report from a school district employee, the district determines that a student has suffered bullying or harassment by another student enrolled in the district; a parent or guardian of the student may enroll the student in another attendance center within the district that offers classes at the student’s grade level, subject to the requirements and limitations established in Iowa law related to this topic.
A school employee, volunteer, or student, or a student’s parent or guardian who promptly, reasonably, and in good faith reports an incident of bullying or harassment, in compliance with the procedures in the regulation, to the appropriate school official designated by the school district, shall be immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report.
Retaliation Prohibited
Individuals who knowingly file false bullying or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures.
Any student found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion. Any school employee found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment. Any school volunteer found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, removal from service and exclusion from school grounds.
Definitions
For the purposes of this policy, the defined words shall have the following meaning:
- “Electronic” means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail,internet-based communications, pager service, cell phones, and electronic text messaging. “Harassment” and “bullying” mean any repeated or potentially repeated electronic, written, verbal, or physical act or other ongoing conduct toward an individual based on any trait or characteristic of the individual which creates an objectively hostile school environment that meets one or more of the following conditions:
- Places the individual in reasonable fear of harm to the individual’s person or property.
- Has a substantial detrimental effect on the individual’s physical or mental health.
- Has the effect of substantially interfering with the individual’s academic or career performance. Has the effect of substantially interfering with the individual’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
- “Trait or characteristic of the individual” includes but is not limited to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.
- “Volunteer” means an individual who has regular, significant contact with students.
Publication of Policy
The board will annually publish this policy. The policy may be publicized by the following means:
- Inclusion in the student handbook,
- Inclusion in the employee handbook
- Inclusion in the registration materials
- Inclusion on the school or school district’s web site,
1
Legal References:
20 U.S.C. §§ 1221-1234i.
29 U.S.C. § 794.
42 U.S.C. §§ 2000d-2000d-7.
42 U.S.C. §§ 12101 2 et. seq.
Iowa Code §§ 216.9; 280.28;
281 I.A.C. 12.3(6).
Morse v. Frederick, 551 U.S. 393
Cross References:
102 Equal Educational Opportunity
502 Student Rights and Responsibilities
503 Student Discipline
506 Student Records
Approved:12-13-93
Reviewed: 7-10-23
Revised:7-10-23
104.E1 - Discrimination, Anti-Bullying, and Anti-Harassment Complaint Form
104.E1 - Discrimination, Anti-Bullying, and Anti-Harassment Complaint FormDate of complaint:______________________________________________
Name of Complainant:___________________________________________________________
Are you filling out this form for yourself or someone else (please identify the individual if you are submitting on behalf of
someone else):
_____________________________________________________________________________
_____________________________________________________________________________
Who or what entity do you believe discriminated against, harassed, or bullied you (or someone else)?
_____________________________________________________________________________
_____________________________________________________________________________
Date and place of alleged incident(s):
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Names of any witnesses (if any):
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Nature of discrimination, harassment, or bullying alleged (check all that apply):
_____Age _____Physical Attribute _____Sex
_____Disability _____Physical/Mental Ability _____Sexual Orientation
_____Familial Status _____Political Belief _____Socio-economic Background
_____Gender Identity _____Political Party Preference _____Other – Please Specify:
_____Marital Status _____Race/Color
_____National Origin/Ethnic Background/Ancestry _____Religion/Creed
In the space below, please describe what happened and why you believe that you or someone else has been discriminated
against, harassed, or bullied. Please be as specific as possible and attach additional pages if necessary.
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: _____________________________________ Date: __________________________
104.E2 - Witness Disclosure Form
104.E2 - Witness Disclosure FormName of Witness:_____________________________________________________
Date of Interview:_______________________________________________
Date of initial complaint:__________________________________________
Name of Complainant (include whether the Complainant is a student or employee):
_____________________________________________________________________________
_____________________________________________________________________________
Date and place of alleged incident(s):
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Nature of discrimination, harassment, or bullying alleged (check all that apply):
_____Age _____Physical Attribute _____Sex
_____Disability _____Physical/Mental Ability _____Sexual Orientation
_____Familial Status _____Political Belief _____Socio-economic Background
_____Gender Identity _____Political Party Preference _____Other – Please Specify:
_____Marital Status _____Race/Color
_____National Origin/Ethnic Background/Ancestry _____Religion/Creed
Description of incident witnessed:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Additional information:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: _____________________________________ Date: __________________________
104.E3 - Disposition of Complaint Form
104.E3 - Disposition of Complaint FormDate:__________________________________________
Date of initial complaint:__________________________________________
Name of Complainant (include whether the Complainant is a student or employee):
___________________________________________________________________________________________________
___________________________________________________________________________________________________
Date and place of alleged incident(s):
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
Name of Respondent (include whether the Respondent is a student or employee):
___________________________________________________________________________________________________
___________________________________________________________________________________________________
Nature of discrimination, harassment, or bullying alleged (check all that apply):
_____Age _____Physical Attribute _____Sex
_____Disability _____Physical/Mental Ability _____Sexual Orientation
_____Familial Status _____Political Belief _____Socio-economic Background
_____Gender Identity _____Political Party Preference _____Other – Please Specify:
_____Marital Status _____Race/Color
_____National Origin/Ethnic Background/Ancestry _____Religion/Creed
Summary of Investigation:
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
I agree that all of the information on this form is accurate and true to the best of my knowledge.
Signature: _____________________________________ Date: __________________________
104.R1 - Anti-Bullying/Anti-Harassment Investigation Procedures
104.R1 - Anti-Bullying/Anti-Harassment Investigation ProceduresFiling 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 on the school website. If the complainant is a school employee, after the filing the complaint with the superintendent or superintendent’s designee, the employee may separately notify the parent or guadian of the student alleged to be harassed or bullied.
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 180 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 superintendent or the superintendent’s designee (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 the 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 involves 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.
Approved: 12-13-93
Reviewed: 7-10-23
Revised: 7-10-23
105 - Assistance Animals
105 - Assistance AnimalsIt is the policy of the Forest City School District to foster an equal education environment for all students, employees and community members within the district. The purpose of this policy is to provide guidance to the district on the proper use of assistance animals while on district property. The district shall allow the use of qualified service animals to accompany individuals with disabilities in all areas of district buildings where the public is normally allowed to go. This can include classrooms, cafeteria and school buses. Individuals with disabilities are people who have a physical or mental impairment that substantially limits one or more major life activities. Service animals are dogs and in some instances miniature horses trained to do work or perform tasks for individuals with disabilities.
Service animals must be current on all required vaccinations. Service animals must also must be under control while on district grounds. The animal may be under control by either the individual with a disability, or a handler of the service or assistive animal. Under control means harnessed, leashed or tethered, unless these devices interfere with the animal's work, in which case under voice or other directive control.
Miniature Horses as Service Animals
Miniature horses shall be allowed as service animals within the district whenever it is reasonable to allow them. Factors to consider when determining reasonableness include: whether the miniature horse is house broken; whether the miniature horse is under the owner's control; whether the facility can accommodate the miniature horse's type, size and weight; and whether the miniature horse's presence will not compromise legitimate safety requirements necessary for safe operation of the facility.
Establishing the Need for a Service Animal
When no prior notice is given to the district of the use of a service animal, the Superintendent and/or school administrators are permitted to ask the following questions:
"Do you need/require this animal because of a disability?"
If the animal's trained tasks are not readily apparent, the administrator may ask:
"What work or task has the animal been trained to perform?"
Service Animals in training
Assuming the handler and animal are otherwise allowed, individuals who train service animals will also be allowed access with their service animal in training to public areas of district buildings and property. The service animal in training is expected to abide by the same requirements as a service animal.
Exclusion of Service Animals
In certain limited circumstances, it may be reasonable to exclude the use of a service animal from district property. The Superintendent is permitted to exclude service animals from district buildings and property in the following circumstances: The presence of the animal poses a direct threat to the health and safety of others; the owner or handler is unable to control the animal; the animal is not house broken; the presence of the animal significantly disrupts or interferes with the educational process; or the presence of the animal would require a fundamental alteration to the program. If a service animal is properly excluded from district property, the district shall provide the student served by the animal the opportunity to participate in the program, service or activity without having the service animal on district property.
Emotional Support Animals and Therapy Animals
Emotional support animals are medically prescribed to provide therapeutic benefit through dedicated companionship.
Emotional support animals' sole function is to provide emotional support or comfort.
Therapy animals are involved in an animal-assisted therapy program involving animals as a form of treatment.
Emotional support animals and therapy animals do not meet the definition of service animals. However, the district recognizes their value in our community. The superintendent shall evaluate the use of emotional support animals and therapy animals on a case-by-case basis. District employees may use therapy animals in the course of their regular duties only after receiving permission from the superintendent.
Student use of Emotional Support Animals and Therapy Animals
Factors the superintendent should consider in making the determination include but are not limited to:105
a. Whether the animal is housebroken
b. Whether the animal has a current vaccination certificate
c. Whether the animal has been recommended through an individual education plan (IEP) or a 504 plan as necessary for the student to receive free access to public education
d. Whether the facility can accommodate the animal's type size and weight, and
e. Whether the animal's presence will not compromise legitimate safety requirements necessary for safe operation of the facility
Employee use of Therapy Animals as part of Education Environment
Before permission to use therapy animals is granted, staff members must provide:
1. Proof that the animal is certified to be a therapy animal;
2. An explanation of how the animal will be used, including research supporting the use of therapy animals;
3. A plan for how the staff member will provide for the care and control of the animal;
4. A plan for how the staff member will accommodate students with allergies to the animal; and
5. A current vaccination certificate for the animal.
Legal References:
29 U.S.C. §794
42 U.S.C. §12132
28 C.F.R. 35
Iowa Code §216C
Cross References:
606.3 Animals in the Classroom
Approved: 2-11-19
Reviewed: 11-8-21
Revised: 11-8-21
106 - Discrimination and Harassment Based on Sex Prohibited
106 - Discrimination and Harassment Based on Sex ProhibitedIn accordance with Title IX of the Education Amendments Act of 1972, the Forest City Community School District prohibits sex discrimination, including sexual harassment as defined by the regulations implementing Title IX (34 C.F.R. § 106.30), against any individual participating in any education program or activity of the District. This prohibition on discrimination applies to students, employees, and applicants for employment.
The Board authorizes the Superintendent to adopt procedures for any individual to report sexual harassment to the District’s Title IX Coordinator, for the provision of supportive measures to anyone who has been subjected to sexual harassment whether or not they proceed with a formal complaint under those procedures, and for the investigation and resolution of such complaints, as required by Title IX. This Title IX grievance process shall be used to respond to all complaints of sexual harassment that fall within the scope of Title IX. For complaints of sexual harassment that do not fall within the scope of Title IX, the District may still offer supportive measures to the subject of such conduct and shall apply any other policy or procedure applicable to the alleged conduct.
Any individual with questions about the District’s Title IX policy and procedures, or who would like to make a report or file a formal complaint of sex discrimination or sexual harassment may contact the District’s designated Title Coordinator, Zach Dillavou, 216 West School Street, Forest City, IA 50436, 641-585-4772, zdillavou@forestcity.k12.ia.us.
Retaliation against a person who made a report or complaint of sexual harassment, assisted, or participated in any manner in an investigation or resolution of a sexual harassment report or complaint is strictly prohibited. Retaliation includes threats, coercion, discrimination, intimidation, reprisals, and/or adverse actions related to employment or education. Any individual who believed they have been retaliated against in violation of this Policy should immediately contact the District’s Title IX Coordinator.
Legal References:
20 U.S.C. § 1681 et seq.
34 C.F.R. § 106 et seq.
Approved 9-14-20
Reviewed 9-14-21
Revised 3-8-21
200 - BOARD OF DIRECTORS
200 - BOARD OF DIRECTORS Jen@iowaschool… Tue, 04/13/2021 - 13:44200 - Legal Status of the Board of Directors
200 - Legal Status of the Board of Directors dawn.gibson.cm… Thu, 05/06/2021 - 12:16200.1 - Organization of the Board of Directors
200.1 - Organization of the Board of DirectorsThe Community School District board is authorized by and derives its organization from Iowa law. The board will consist of 7 board members. Board members are elected by director districts.
The board is organized for the purpose of setting policy and providing general direction for the school district. The board will hold its organizational meeting at or before the first regular meeting following the canvass of votes. The retiring board will transfer materials, including the board policy manual, and responsibility to the new board.
The organizational meeting allows the outgoing board to approve minutes of its previous meetings, complete unfinished business and review the school election results. The retiring board will adjourn and the new board will then begin. The board secretary will administer the oath of office to the newly-elected board members. The Board Secretary will preside while the new board elects the president and vice-president of the new board.
Legal Reference:
Iowa Code §§ 274.2; 275.23A; 277.23, .28, .31; 279.1, .5, .7, .8, .33.
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: 6-24-89
Reviewed: 11-8-21
Revised: 11-8-21
200.1FC - Director Districts for Board Members
200.1FC - Director Districts for Board Members
Approved:3-11-13
Reviewed: 12-11-23
Revised:12-11-23
200.1R1 - Organizational Meeting Procedures
200.1R1 - Organizational Meeting ProceduresThe board will hold its organizational meeting in odd-numbered years at or before the first regular meeting following the canvass of votes. Notice of the meeting's 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) Visitors.
(5) Unfinished business.
(a) Current claims and accounts (for the retiring board to authorize).
(6) Examine and settle the books for the previous year.
(7) 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.
(8) Adjournment of the retiring board.
2. Organizational Meeting of the New Board
(1) The superintendent or board secretary, as president pro-tem, 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-tem 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 [Insert position, title, (e.g. superintendent, board secretary, etc.)] 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) Visitors.
(12) Superintendent's report.
2
0.1R1
Approved: 6-12-89
Reviewed: 10-11-21
Revised: 3-8-21
200.2 - Powers of the Board of Directors
200.2 - Powers of the Board of DirectorsThe board, acting on behalf of the school district, will have jurisdiction over school matters within the territory of the school district.
The board is empowered to make policy for its own governance, for employees, for students and for school district facilities.
The board is also empowered to enforce its policies. The board may, through its quasi-judicial power, conduct hearings and rule on issues and disputes confronting the school district.
The board has these powers and all other powers expressly granted to it in federal and state law as well as the powers that can be reasonably implied from the express powers.
Legal Reference:
Board of Directors of Ind. School Dist. of Waterloo v. Green, 259 Iowa 1260, 147 N.W.2d 854 (1967).
Iowa Code §§ 28E; 274.1 -.2; 279.8.
281 I.A.C. 12.1(2).
Cross Reference:
209 Board of Directors' Management Procedures
Approved: 6-12-89
Reviewed: 10-11-21
Revised:3-8-21
200.3 - Responsibilities of the Board of Directors
200.3 - Responsibilities of the Board of DirectorsThe board is authorized to govern the school district which it oversees. The board is entrusted with public funds and is responsible for overseeing the improvement of student outcomes, including student academic achievement and skill proficiency. As the governing board of the school district, the board has four duties to perform: legislative duty, executive duty, evaluative duty and quasi-judicial duty
As a representative of the citizens of the school district community, the board is responsible for legislating policy for the school district. As a policy making body, the board has jurisdiction to enact policy with the force and effect of law for the management and operation of the school district.
It is the responsibility of the board, under the board's executive duty, to select its chief executive officer, the superintendent, to operate the school district on the board's behalf. The board delegates to the superintendent its authority to carry out board policy, to formulate and carry out rules and regulations and to handle the administrative details in a manner which supports and is consistent with board policy.
The board has a responsibility to review the education program's performance under its evaluative duty. The board regularly reviews the education program and ancillary services. The review includes a careful study and examination of the facts, conditions and circumstances surrounding the amount of funds received or expended and the education program's ability to achieve the board's educational philosophy and goals for the school district.
The board fulfills is quasi-judicial duties in serving as a neutral arbitrator for hearings related to student suspension or expulsion proceedings and certain employment termination hearings and appeals. This important power was granted by the Iowa Legislature and cannot be delegated. To preserve the board’s neutrality to hear and decide upon these matters, the board does not investigate or become involved in student disciplinary matters or employment matters that may come before it and would require the board to serve in its quasi-judicial role.
Legal Reference:
Iowa Code §§ 274.1; 279.1, .8, .20; 280.12.
281 I.A.C. 12.3(2).
Cross Reference:
101 Educational Philosophy of the School District
103 Long-Range Needs Assessment
209 Board of Directors' Management Procedures
600 Goals and Objectives of the Education Program
Approved: 6-12-89
Reviewed: 6-13-22
Revised: 6-13-22
200.3FC - Fiscal Management - Performance Measures
200.3FC - Fiscal Management - Performance Measures1. Purpose
A key responsibility of the Forest City Community School District is to develop and manage resources as efficiently and effectively as possible and to communicate the results of these efforts to the public. Meaningful performance measurements assist the Board of School Directors or their designated representatives in identifying financial and program results, evaluating past resource decisions, facilitating qualitative improvements in future decisions regarding resource allocation and service delivery options, and communicating service and program results to the public.
2. Identification and Reporting of Performance Measures
The Board shall receive concise, timely, well-organized financial data with the background information necessary for its interpretation at a regularly scheduled annual meeting. The financial data shall inform the Board of material aspects of the school district’s financial operations and position. In exercising oversight responsibilities the Board will review, at a minimum, the following K-12 public education sector indicators:
The report for all of these measures shall be as of June 30 and each year including a minimum the prior 4 years.
- Total revenues and expenditures by fund and major sources
- General Fund (GF) per pupil cost
- Current Asset Ratio (Target range of greater than 1.0)
- Day’s Net Cash Ratio (Target range of 60-75 days)
- Employee Cost Ratio (Target range of 75%-85% GF expenditures)
- Financial Solvency Ratio (Target range of 8% - 15%)
- Unspent balance ratio / spending authority (Target range of 5% - 15%)
- Final tax rate by category and fund
- Enrolment (official count date data)
Approved: 4-13-15
Reviewed: 10-11-21
Revised: 3-8-21
200.4 - Board Member Social Media Engagement
200.4 - Board Member Social Media EngagementThe board sees the value in promoting the excellent work and accomplishments of the district’s students and staff. Social media is one of many effective communication tools that the district may utilize. Board members have been publicly elected to govern the district and accept a fiduciary responsibility. That responsibility means board members agree to always act in the best interests of the district. For this reason, the board shall expect that individual communications and social media posts made by board members will reflect the values and decorum expected of elected officials in the school community.
All board members enjoy rights to freedom of speech under both the U.S. and Iowa Constitutions. As such, the district will not limit protected speech of any board members. Certain categories of speech are not protected and may be subject to regulation. Additionally, board members should be aware that protected speech can still subject individuals to legal liability. Only the board president is designated as official spokesperson authorized to speak on behalf of the board. Any posting by Board Members about district related matters on their individual social media account shall not be considered official action of the district. Official statements of the district shall be made only on district social media accounts though the designated spokesperson of the district of the entire board speaking as a governing body. If using social media to discuss district-related matters, board members should be aware that they may be prohibited from blocking individual communications and posters based upon the content of their posts.
The board as a whole and individual board members in their governance role have legal obligations to safeguard the privacy of information related to student and employee matters. Board members will refrain from posting or communicating on social media in a way that violates the district’s obligation to protect the privacy of its students and employees.
Board members are uniquely positioned in the school community to be both accessible and responsive to community concerns about the effective governance of the district. As a result, the board will remember their obligations to safeguard student and employee privacy when responding to any social media posts or communications, even if the response is intended to correct information for the rest of the school community. Board members will direct concerned individuals to the appropriate district staff to address their inquiry or complaint in accordance with board policy.
Legal Reference: U.S. Const. Amend. I
Iowa Const. Art. I, sec. 7
Lindke v. Freed, 601 U.S. (2024)
20 U.S.C. 1417(c)
34 C.F.R. 99.3
Iowa Code §§ 21; 22
Cross Reference:
200.3 Responsibilities of the Board
902.1 News Media Relations
Approved 6-12-23
Reviewed: 7-17-24
Revised: 7-17-24
201 - Board of Directors' Elections
201 - Board of Directors' ElectionsThe school election takes place on the first Tuesday after the first Monday in November of odd-numbered years. Each school election is used to elect citizens to the board to maintain a seven (7) member board and to address questions that are submitted to the voters.
Citizens of the school district community seeking a seat on the board must file their nomination papers with the board secretary, or the board secretary's designee in accordance with the timelines established by law.
If a vacancy occurs on the board it shall be filled in accordance with law and board policy.
It is the responsibility of the county commissioner of elections to conduct school elections.
Iowa Code §§ 39; 45; 63, 69; 274.7; 277; 278.1, 279.7.
Cross Reference:
202 Board of Directors Members
202.3 Term of Office
202.4 Vacancies
203 Board of Directors' Conflict of Interest
Approved: 6-12-89
Reviewed: 10-11-21
Revised:3-8-21
202 - Board of Directors Members
202 - Board of Directors Members dawn.gibson.cm… Thu, 05/06/2021 - 12:42202.1 - Qualifications
202.1 - QualificationsServing 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.
Legal Reference:
Iowa Code §§ 63; 68B; 277.4, .27; 279.7A.
Cross Reference:
201 Board of Directors' Elections
202.4 Vacancies
203 Board of Directors' Conflict of Interest
Approved: 6-2-89
Reviewed: 10-11-21
Revised: 3-8-21
202.2 - Oath of Office
202.2 - Oath of OfficeBoard 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 is taken by each new board member elected at the 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 will take the oath of office within ten days of the appointment or election.
Board members elected to offices of the board will 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 is 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 is 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 Board of Education member in the Forest City School District as now and hereafter required by law?"
Legal Reference:
Iowa Code §§ 277.28; 279.1, .6.
Cross Reference:
200.1 Organization of the Board of Directors
201 Board of Directors' Elections
202 Board of Directors Members
204 Code of Ethics
206 Board of Directors' Officers
Approved:6-12-89
Reviewed: 10-11-21
Revised: 3-8-21
202.3 - Term of Office
202.3 - Term of OfficeBoard 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: 4-14-86
Reviewed: 10-11-21
Revised: 3-8-21
202.4 - Vacancies
202.4 - VacanciesA vacancy occurs as provided by law, which includes but is not limited to when a board member dies, resigns or leaves office, or fails to reside in the school district or director district.
If a vacancy occurs prior to the expiration of a term of office, the vacancy will 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 a petition within 14 days of the publication of the notice requiring the vacancy be filled by a special election.
A person appointed to fill a vacancy shall hold office 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.
If the board is unable to fill a vacancy by appointment within 30 days after the vacancy occurs or if a valid petition is submitted, the board secretary will 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 will serve the remaining portion of the unexpired term.
Legal Reference:
Iowa Code §§ 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).
Cross Reference:
201 Board of Directors' Elections
202 Board of Directors Members
202.3 Term of Office
Approved: 6-2-89
Reviewed: 10-11-21
Revised: 3-8-21
203 - Board of Directors' Conflict of Interest
203 - Board of Directors' Conflict of InterestBoard members must be able to make decisions objectively. It is a conflict of interest for a board member to receive direct compensation from the school district, unless exempted in law or policy, for anything other than reimbursement of actual and necessary expenses, including travel, incurred in the performance of official duties. A board member will not act as an agent for a school textbooks or school supplies including sports apparel or equipment, in any transaction with a director, officer, or other staff member of the school district during the board member’s term of office. It will not be a conflict of interest for board members to receive compensation from the school district for contracts for the purchase of goods or services which benefits a board member, or to compensation for part-time or temporary employment which benefits a board member, if the benefit to the board member does not exceed $20,000 in a fiscal year or if the contracts are made by the board, upon competitive bid in writing, publicly invited and opened.
The conflict of interest provisions do not apply to a contract that is a bond, note or other obligation of a school corporation if the contract is not acquired directly from the school corporation, but is acquired in a transaction with a third party, who may or may not be the original underwriter, purchaser, or obligee of the contract, or to a contract in which a director has an interest solely by reason of employment if the contract was made by competitive bid, in writing, publicly invited and opened, or if the remuneration for employment will not be directly affected as a result of the contract and duties of employment do not involve any of the preparation or procurement of any part of the contract. The competitive bid section of the conflict of interest provision does not apply to a contract for professional services not customarily awarded by competitive bid.
It will also be a conflict of interest for a board member to engage in any outside employment or activity which is in conflict with the board member’s official duties and responsibilities. In determining whether outside employment or activity of a board member creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist includes, but are not 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 badge, uniform, business card or other evidence of office to give the board member or member of the board member’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 a board member.
(2) The outside employment or activity involves the receipt of, promise of, or acceptance of money or other consideration by the board member or a member of the board member’s immediate family from anyone other than the state or the school district for the performance of any act that the board member would be required or expected to perform as part of the board member’s regular duties or during the hours in which the board member 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 board member, during the performance of the board member’s duties of office or employment.
If the outside employment or activity is employment or activity in (1) or (2) above, the board member must cease the employment of or activity. If the activity or employment falls under (3), then the board member 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, determining the facts or law in a contested case or rulemaking proceeding, conducting any inspection, 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, board members 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 board member, board member’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 board member to be aware of and take the action necessary to eliminate a potential conflict of interest should it arise.
Legal Reference:
22 C.F.R. § 518.42.
Iowa Code §§ 68B; 71.1; 277.27; 279.7A; 301.28.
Cross Reference:
201 Board of Directors’ Elections
202.1 Qualifications
204 Code of Ethics
216.3 Board of Directors’ Member Compensation and Expenses
217 Gifts to Board of Directors
401.3 Nepotism
Approved 6-12-89
Reviewed 07-11-22
Revised 07-11-22
204 - Code of Ethics
204 - Code of EthicsBoard members' actions, verbal and nonverbal, reflect the attitude and the beliefs of the school district. Therefore, board members must conduct themselves professionally and in a manner fitting to their position. Each board member shall follow the code of ethics stated in this policy.
AS A SCHOOL BOARD MEMBER:
1. I will listen.
2. I will respect the opinion of others.
3. I will recognize the integrity of my predecessors and associates and the merit of their work.
4. I will be motivated only by an earnest desire to serve my school district and the children of my school district community in the best possible way.
5. I will not use the school district or any part of the school district program for my own personal advantage or for the advantage of my friends or supporters.
6. I will vote for a closed session of the board if the situation requires it, but I will consider "star chamber" or "secret" sessions of board members unethical.
7. I will recognize that to promise in advance of a meeting how I will vote on any proposition which is to be considered is to close my mind and agree not to think through other facts and points of view which may be presented in the meeting.
8. I will expect, in board meetings, to spend more time on education programs and procedures than on business details.
9. I will recognize that authority rests with the board in legal session and not with individual members of the board, except as authorized by law.
10. I will make no disparaging remarks, in or out of the board meeting, about other members of the board or their opinions.
11. I will express my honest and most thoughtful opinions frankly in board meetings in an effort to have decisions made for the best interests of the children and the education program.
12. I will insist that the members of the board participate fully in board action and recommend that when special committees are appointed, they serve only in an investigative and advisory capacity.
13. I will abide by majority decisions of the board.
14. I will carefully consider petitions, resolutions and complaints and will act in the best interests of the school district.
15. I will not discuss the confidential business of the board in my home, on the street or in my office; the place for such discussion is the board meeting.
16. I will endeavor to keep informed on local, state and national educational developments of significance so I may become a better board member.
IN MEETING MY RESPONSIBILITY TO MY SCHOOL DISTRICT COMMUNITY
1. I will consider myself a trustee of public education and will do my best to protect it, conserve it, and advance it, giving to the children of my school district community the educational facilities that are as complete and adequate as it is possible to provide.
2. I will consider it an important responsibility of the board to interpret the aims, methods and attitudes of the school district to the community.
3. I will earnestly try to interpret the needs and attitudes of the school district community and do my best to translate them into the education program of the school district.
4. I will attempt to procure adequate financial support for the school district.
5. I will represent the entire school district rather than individual electors, patrons or groups.
6. I will not regard the school district facilities as my own private property but as the property of the people.
IN MY RELATIONSHIP WITH SUPERINTENDENT AND EMPLOYEES
1. I will function, in meeting the legal responsibility that is mine, as a part of a legislative, evaluative, policy-forming body, not as an administrative officer.
2. I will recognize that it is my responsibility, together with that of my fellow board members, to see the school district is properly run and not to run them myself.
3. I will expect the school district to be administered by the best-trained technical and professional people it is possible to procure within the financial resources of the school district.
4. I will recognize the superintendent as executive officer of the board.
5. I will work through the administrative employees of the board, not over or around them.
6. I will expect the superintendent to keep the board adequately informed through oral and written reports.
204
7. I will vote to employ employees only after the recommendation of the superintendent has been received.
8. I will insist that contracts be equally binding on teachers and the board.
9. I will give the superintendent power commensurate with the superintendent's responsibility and will not in any way interfere with, or seek to undermine, the superintendent's authority.
10. I will give the superintendent friendly counsel and advice.
11. I will present any personal criticism of employees to the superintendent.
12. I will refer complaints to the proper administrative officer.
TO COOPERATE WITH OTHER SCHOOL BOARDS
1. I will not employ a superintendent, principal or teacher who is already under contract with another school district without first securing assurance from the proper authority that the person can be released from contract.
2. I will consider it unethical to pursue any procedure calculated to embarrass a neighboring board or its representatives.
3. I will associate myself with board members of other school districts for the purpose of discussing school district issues and cooperating in the improvement of the education program.
Legal Reference:
Iowa Code §§ 21.6(3)(d); 68B; 69; 277.28; 279.7A, 279.8, 301.28.
Cross Reference:
202 Board of Directors Members
203 Board of Directors' Conflict of Interest
Approved: 6-12-89
Reviewed: 11-8-21
Revised: 3-8-21
205 - Board Member Liability
205 - Board Member LiabilityBoard members will not be held personally liable for actions taken in the performance of their duties and responsibilities vested in them by the laws of Iowa and the members of the school district community. In carrying out the duties and responsibilities of their office, board members will act in good faith.
The school district will defend, save harmless and indemnify board members against tort claims or demands, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of their official duties, unless the act constitutes a willful or wanton act or omission. The school district, however, cannot save harmless or indemnify board members for punitive damages.
Legal Reference:
Wood v. Strickland, 420 U.S. 308 (1975).
42 U.S.C. §§ 1983, 1985.
Iowa Code ch. 670.
Cross Reference:
709 Insurance Program
Approved: __4-12-21___
Reviewed: 11-8-21
Revised: _____
206 - Board of Directors’ Officers
206 - Board of Directors’ Officers dawn.gibson.cm… Thu, 05/06/2021 - 12:54206.1 - President
206.1 - PresidentIt 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.
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:6-2-89
Reviewed: 11-8-21
Revised: 8-9-21
206.2 - Vice President
206.2 - Vice PresidentThe vice-president of the board is elected by a majority vote at the organizational meeting in odd-numbered years, or in even-numbered years, at a regular meeting held between twelve and 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.
For more detailed discussion of this issue, see IASB's Policy Primer, June 14, 2010 and October 21, 2008.
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 6-24-75
Reviewed 11-8-21
Revised 8-9-21
206.3 - Secretary-Treasurer
206.3 - Secretary-TreasurerA board secretary-treasurer may be appointed from employees, other than a position requiring a teaching certificate, or from the public. To finalize the appointment, the board secretary-treasurer 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 board secretary-treasurer, 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-treasurer will also be responsible for filing the required reports with the Iowa Department of Education.
It is the responsibility of the secretary-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. It will also be the responsibility of the secretary-treasurer to coordinate the financial records, the financial reports, the cash flow needs and the investment portfolio of the school district.
In the event the board secretary-treasurer is unable to fulfill the responsibilities set out by the board and the law, the superintendent or his/her designee will assume those duties until the board secretary-treasurer is able to resume the responsibility or a new board secretary-treasurer is appointed.
The board secretary-treasurer will give bond or be covered by an insurance policy in an amount set by the board. The cost of the bond or insurance policy will be paid by the school district.
Legal Reference:
Iowa Code §§ 12B.10; 12C; 64; 279.3, .5, .7, .31-.33, .35; 291.2-.4, .6-.12; .14, 299.10.
281 I.A.C. 12.3(1).
Cross Reference:
202.2 Oath of Office
210.1 Annual Meeting
215 Board of Directors' Records
501.10 Truancy - Unexcused Absences
704.3 Investments
707 Fiscal Reports
708 Care, Maintenance and Disposal of School District Records
Approved:4-9-79
Reviewed: 7-17-24
Revised: 7-17-24
207 - Board of Directors' Legal Counsel
207 - Board of Directors' Legal CounselIt is the responsibility of the board to employ legal counsel to assist the board and the administration in carrying out their duties with respect to the numerous legal issues confronting the school district. The board may appoint legal counsel at its annual meeting.
The superintendent and board secretary will have the authority to contact the board's legal counsel on behalf of the board when the superintendent or board secretary believe it is necessary for the management of the school district. The board president may contact and seek advice from the school board's legal counsel. The board's legal counsel will attend both regular and special school board meetings upon the request of the board or the superintendent. Board members may contact legal counsel upon approval of a majority of the board. It is the responsibility of each board member to pay the legal fees, if any, of an attorney the board member consulted regarding matters of the school district unless the board has authorized the board member to consult an attorney on the matter.
It is the responsibility of the superintendent to keep the board informed of matters for which legal counsel was consulted, particularly if the legal services will involve unusual expense for the school district.
Legal Reference:
Bishop v. Iowa State Board of Public Instruction, 395 N.W.2d 888 (Iowa 1986).
Iowa Code § 279.37.
Cross Reference:
200 Legal Status of the Board of Directors
Approved: 6-12-89
Reviewed: _11-8-21
Revised:3-8-21
208 - Ad Hoc Committees
208 - Ad Hoc CommitteesWhenever the board deems it necessary, the board may appoint a committee composed of citizens, employees or students to assist the board. Committees formed by the board are ad hoc committees.
An ad hoc committee may be formed by board resolution which will outline the duties and purpose of the committee. The committee is advisory in nature and has no duty or responsibility other than that specifically stated in the board resolution.
The committee will automatically dissolve upon the delivery of its final recommendation to the board or upon completion of the duties outlined in the board resolution. The board will receive the report of the committee for consideration. The board retains the authority to make a final decision on the issue. The committee may be subject to the open meetings law.
The method for selection of committee members will be stated in the board resolution. When possible, and when the necessary expertise required allows, the committee members will be representative of the school district community and will consider the various viewpoints on the issue. The board may designate a board member and the superintendent to serve on an ad hoc committee. The committee will select its own chairperson, unless the board designates otherwise.
Legal Reference:
Iowa Code §§ 21; 279.8; 280.12(2).
281 I.A.C. 12.3(3), .3(8); .5(8).
Cross Reference:
103 Long-Range Needs Assessment
211 Open Meetings
212 Closed Sessions
215 Board of Directors' Records
605.1 Instructional Materials Selection
900 Principles and Objectives for Community Relations
Approved: 2-13-89
Reviewed: 12-13-21
Revised: 3-8-21
208.1E1 - Ad Hoc Committees
208.1E1 - Ad Hoc CommitteesAd 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.
Approved: 2-13-89
Reviewed: 12-13-21
Revised: 3-8-21
209 - Board of Directors' Management Procedures
209 - Board of Directors' Management Procedures dawn.gibson.cm… Thu, 05/06/2021 - 13:08209.1 - Development of Policy
209.1 - Development of PolicyThe 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 and why it wishes to accomplish it 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 are the basis for the formulation of regulations by the administration. The board will 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 will be submitted to the superintendent's office for possible placement on the board agenda. It is the responsibility of the superintendent to bring these proposals to the attention of the board.
Legal Reference:
Iowa Code §§ 274.1-.2; 279.8.
281 I.A.C. 12.3(2).
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: 6-12-89
Reviewed: 12-13-21
Revised: 3-8-21
209.2 - Adoption of Policy
209.2 - Adoption of PolicyThe board will give notice of the adoption of new policies by placing the item on the agenda of two regular board meetings. This
notice procedure will 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 will be included in the minutes. The board will have complete discretion to determine what constitutes an emergency situation.
The final action taken to adopt the proposed policy will 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 and the 2nd reading may be waived.
Legal Reference:
Iowa Code § 279.8.
281 I.A.C. 12.3(2).
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: 6-12-89
Reviewed: 4-11-22
Revised:4-11-22
209.3 - Dissemination of Policy
209.3 - Dissemination of PolicyThe 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 also 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.
281 I.A.C. 12.3(2).
Cross Reference:
200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedures
Approved: 6-12-89
Reviewed: 12-13-21
Revised: 3-8-21
209.4 - Suspension of Policy
209.4 - Suspension of PolicyGenerally, the board will 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 is within the discretion of the board to determine when an extreme emergency of a very unique nature exists. Reasons for suspension of board policy will be documented in board minutes.
Legal Reference:
Iowa Code § 279.8.
281 I.A.C. 12.3(2).
Cross Reference:
200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedures
Approved: 4-12-21
Reviewed: 12-13-21
Revised: _____
209.5 - Administration in the Absence of Policy
209.5 - Administration in the Absence of PolicyWhen 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 is 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 will draft a proposed policy for the board to consider.
Legal Reference:
Iowa Code § 279.8.
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: 6-12-89
Reviewed: 12-13-21
Revised: 3-8-21
209.6 - Review and Revision of Policy
209.6 - Review and Revision of PolicyThe 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 is 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 is the responsibility of the superintendent to keep the board informed as to legal changes at both the federal and state levels. The superintendent will 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.
281 I.A.C. 12.3(2).
Cross Reference:
200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedures
Approved: 6-12-89
Reviewed: 12-13-21
Revised: 3-8-21
209.7 - Review of Administrative Regulations
209.7 - Review of Administrative RegulationsBoard policy sets the direction for the administration of the education program and school district operations. Some policies require administrative regulations for implementation.
It is the responsibility of the superintendent to develop administrative regulations to implement the board policies. The regulations, including handbooks, will be reviewed by the board prior to their use in the school district.
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.
Cross Reference:
200.3 Responsibilities of the Board of Directors
209 Board of Directors' Management Procedures
Approved: 6-12-89
Reviewed: 12-13-21
Revised: 3-8-21
210 - Board of Directors' Meetings
210 - Board of Directors' Meetings dawn.gibson.cm… Thu, 05/06/2021 - 13:08210.1 - Annual Meeting
210.1 - Annual MeetingEach year after August 31 and prior to the organizational meeting of the board in odd-numbered years, the board will hold its annual meeting.
At the annual meeting, the board will 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 will present affidavits from depository banks. The board may also appoint the board's legal counsel at the annual meeting.
Legal Reference:
Iowa Code §§ 279.1, .3, .33.
Cross Reference:
206.3 Secretary
206.4 Treasurer
701.1 Depository of Funds
707 Fiscal Reports
Approved: 6-12-89
Reviewed: 1-10-22
Revised: 3-8-21
210.2 - Regular Meeting
210.2 - Regular MeetingThe regular meeting time and date will be set by the board at the 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: 11-9-87
Reviewed: 1-10-22
Revised: 3-8-21
210.3 - Special Meeting
210.3 - Special MeetingIt 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 will be given.
If the special meeting called is an emergency meeting and the board cannot give public notice in its usual manner, the board will 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 will 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. Theboard will strictly adhere to the agenda for the special meeting and action on other issues will be reserved for the next regular or special board meeting.
Legal Reference:
Iowa Code §§ 21.3, .4; 279.2.
Cross Reference:
200.1 Organization of the Board of Directors
210 Board of Directors' Meetings
Approved:6-12-89
Reviewed: 1-10-22
Revised: 3-8-21
210.4 - Work Sessions
210.4 - Work SessionsThe 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. No board action will take place at the work session.
Legal Reference:
Iowa Code §§ 21; 279.8.
Cross Reference:
210 Board of Directors' Meetings
211 Open Meetings
Approved: 3-14-94
Reviewed: 1-10-22
Revised: 3-8-21
210.5 - Meeting Notice
210.5 - Meeting NoticePublic notice will be given for meetings and work sessions held by the board. Public notice will indicate the time, place, date
and tentative agenda of board meetings. The public notice will be posted on the bulletin board or another prominent place clearly designated for posting agendas in the central administration office and on an exterior facing door/window so that community members may see the agenda when the building is physically closed. The agenda will be posted at minimum twenty-four hours prior to a meeting.
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 will 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 will be given as soon as practical and possible in light of the situation. The media and others who have requested notice will be notified of the emergency meeting. Attendance at a special meeting or emergency meeting by the media or board members will constitute a waiver of notice.
It is 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.
Cross Reference:
210 Board of Directors' Meetings
210.8 Board of Directors' Meeting Agenda
Approved:4-14-89
Reviewed: 5-8-23
Revised: 5-8-23
210.6 - Quorum
210.6 - QuorumAction 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 will 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 is 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.
Cross Reference:
210 Board of Directors' Meetings
Approved:4-14-86
Reviewed: 1-10-22
Revised:3-8-21
210.7 - Rules of Order
210.7 - Rules of OrderAn 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.
The board will 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.
It is the responsibility of each board member to follow the rules of order stated in this policy at each meeting, and it is the responsibility of the presiding officer to conduct the board meeting within these rules.
Legal Reference:
Iowa Code §§ 21.2, .7; 279.8.
Cross Reference:
210 Board of Directors' Meetings
210.8 Board Meeting Agenda
Approved:6-12-89
Reviewed: 1-10-22
Revised: 3-8-21
210.7R1 - Rules of Order
210.7R1 - Rules of OrderThe following rules of procedure have been adopted by the board at the annual or organizational meeting:
- Board members need not rise to gain the recognition of the board president.
- All motions will be made as a positive action.
- A motion will be adopted or carried if it receives an affirmative vote from more than half of the votes cast. Only "yes" and "no" votes are counted in this calculation. It should be noted that some motions require larger numbers of affirmative votes, such as to move into a closed session.
- The board president may decide the order in which board members will be recognized to address an issue. An attempt should be made to alternate between pro and con positions.
- The board president shall rule on all motions that come before the board.
- The board president may rule on points of order brought before the board.
- The board president shall have complete authority to recognize a member of the audience regarding a request to participate in the board meeting. Members of the public who wish to participate shall follow board policy.
- The board president has the authority to declare a recess at any time for the purpose of restoring decorum to the meeting.
- The board president has the same authority and responsibility as each board member to vote on all issues
Approved:6-12-89 Reviewed: 1-10-22 Revised: 1-10-22
210.8 - Board Meeting Agenda
210.8 - Board Meeting AgendaThe 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 at least 24 hours 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 on item on the next regular agenda with the consent of the majority of the board. Board members wishing to do so should provide notice to the Superintendent and board president five days prior to the scheduled meeting.
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: 6-12-89
Reviewed: 01-10-22
Revised: 3-8-21
210.8E1FC - Board Meeting Agenda Example
210.8E1FC - Board Meeting Agenda ExampleRegular Board Meeting
[Insert Meeting Location]
[Insert Date (Day, Month Date, Year)]
[Insert Time]
- Call to Order and Establish a Quorum, Board President
- Agenda Approval
- Administrative Reports
- Consent Agenda
- Old Business
- New Business
- Agenda Suggestions for next meeting
- Adjournment
Approved: 4-4-86
Reviewed: 1-10-22
Revised: 3-8-21
210.9 - Consent Agendas
210.9 - Consent AgendasVery often the board must consider agenda items which are noncontroversial or similar in content. Such agenda items might include ministerial tasks such as, but not limited to, the approval of the agenda, approval of previous minutes, approval of bills, approval of reports, etc. These items might also include similar groups of decisions such as, but not limited to, approval of staff contracts, approval of maintenance details for the school buildings and grounds, open enrollment requests or approval of various schedules.
In order for a more efficient administration of board meetings, the board may elect to use a consent agenda for the passage of noncontroversial items or items of a similar nature.
The superintendent in consultation with the board president and board secretary shall place items on the consent agenda. By using a consent agenda, the board has consented to the consideration of certain items as a group under one resolution. Items may be removed from the consent agenda at the request of a board member.
Nothing in this policy is to be construed as an attempt to avoid full compliance with laws dealing with open meetings or public notice of the agenda and meeting.
Legal Reference:
Iowa Code §§ 21; 279.8.
Cross Reference:
210 Board of Directors' Meetings
Approved: 4-12-21
Reviewed: 1-10-22
Revised: _____
211 - Open Meetings
211 - Open MeetingsA gathering of a majority of board members either in person or electronically in which deliberation of an issue within the scope of the board's policy making duties takes place is a board meeting. A gathering for the purpose of social or ministerial action will not constitute a board meeting when there is no discussion of policy or no intent to avoid the purpose of the open meetings law. Meetings of the board will be conducted in an open meeting unless a closed session is authorized by law or the meeting is exempt from the open meetings law.
Legal Reference:
Iowa Code §§ 21, 279.1-.2.
Cross Reference:
208 Ad Hoc Committees
210 Board of Directors' Meetings
210.8 Board Meeting Agenda
212 Closed Sessions
Approved: 4-14-86
Reviewed: 2-14-22
Revised: 3-8-21
212 - Closed Sessions
212 - Closed SessionsGenerally, board meetings will be open meetings, unless a closed session is provided for by law. Closed sessions take place as part of an open meeting. The board may enter into closed session for any reason permitted by law.
Exceptions to the Open Meetings Law
The item for discussion in the closed session will be listed as part of the tentative agenda on the public notice with the full text of the Iowa Code citation reference stated on the agenda. The motion for a closed session, stating the purpose for the closed session, will be made and seconded during the open meeting. A minimum of two-thirds of the board, or all of the board members present if any are absent, must vote in favor of the motion on a roll call vote. Closed sessions will be recorded and have detailed minutes kept by the board secretary. Final action on matters discussed in the closed session will be taken in an open meeting.
The minutes and the recording will restate the motion made in the open meeting, the roll call vote, the members present, and the time the closed session began and ended. The recordings and the written minutes will be kept for one year from the date of the meeting. Real estate related minutes and recordings will be made public after the real estate transaction is completed.
The detailed minutes and recording will be sealed and will not be public records open to public inspection. The minutes and tape recording will only be available to the board members or, opened upon court or administrative order in an action to enforce the requirements of the open meetings law. The board has complete discretion as to whom may be present at a closed session, but generally closed sessions will be limited to the board, a recording secretary and the superintendent if indicated The board has the discretion to nominate the board secretary and the superintendent if indicated. The board has discretion to nominate the board secretary or any board member to serve as recording secretary for the closed session.
Legal Reference:
Iowa Code §§ 21; 22.7; 279.24.
Cross Reference:
208 Ad Hoc Committees
211 Open Meetings
212.1 Exempt Meetings
Approved: 4-14-86
Reviewed: 2-14-22
Revised: 11-8-21
212.1 Exempt Meetings
212.1 Exempt MeetingsBoard meetings at which a quorum is not present, or gatherings of the board for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of the open meetings law, are exempt from the open meetings law requirements. Since gatherings of this type are exempt from the open meetings requirements, they can be held without public notice, be separate from an open meeting, be held without recording the gathering or taking minutes, and be held without a vote or motion. The board may also hold an exempt session for the following reasons, or as may be otherwise authorized by law:
- Negotiating sessions, strategy meetings of public employers or employee organizations, mediation and the deliberative process of arbitration;
- to discuss strategy in matters relating to employment conditions of employees not covered by the collective bargaining law;
- to conduct a private hearing relating to the recommended termination of a teacher's contract. The private hearing however, in the teacher's contract termination will be recorded verbatim by a court reporter; and
- to conduct a private hearing relating to the termination of a probationary administrator's contract or to review the proposed decision of the administrative law judge regarding the termination of an administrator's contract.
Legal Reference:
Iowa Code §§ 20.17; 21; 22.7; 279.15, .16.
Cross Reference:
208 Ad Hoc Committees
211 Open Meetings
212 Closed Sessions
Approved: 12-13-21 Reviewed: 2-14-22 Revised:
213 - Public Participation in Board Meetings
213 - Public Participation in Board MeetingsThe board recognizes the importance of citizen participation in school district matters. In order to assure citizens are heard and board meetings are conducted efficiently and in an organization manner, the board has specific procedures outlined for public participation.
Citizens who have a place on the agenda may address the board on the issue of their concern during the discussion of that issue. The presiding officer will recognize these individuals when the item of their concern is addressed during the meeting.
Individuals or groups who wish to place an item on the agenda should:
- Contact the superintendent or board president no later than six calendar days prior to the meeting. Each individual will be limited to two (2 minutes); a group will be limited to ten (10 minutes) to address the board with their comments; or,
- Submit a valid petition to the board: For a petition to be valid, it must be signed by at least 500 eligible electors of the district, or ten percent of the individuals who voted in the last school election, whichever number is lower. Upon receiving a valid petition to the board to place a proposal on the next board agenda for public hearing, the board will place the proposal identified in the petition on the agenda of the next regular meeting, or a special meeting held within 30 days of receipt of the petition. The board will provide a sign-up sheet for all individuals who wish to speak on the proposal, and individuals will be called to speak in order of sign-up. The sign-up sheet will require each individual to list their legal name and mailing address. Each speaker will be limited to an amount of time established by the board president that is reasonable and necessary based on the number of speakers signed up. The same time limit will apply to all speakers on the proposal. Each individual will be limited to one opportunity to speak. The board maintains absolute discretion on whether or not to discuss or act on the public comments made on the proposal. If a petition is related to curriculum, the district maintains discretion to determine whether to stop teaching that curriculum until the board holds the public hearing to discuss the curriculum.
Meetings of the Board of Directors, Forest City Community Schools, follow an agenda prepared by the Superintendent.
Citizens who do not have a place on the agenda may address the board on the issue of their concern by requesting to speak to the board regarding an agenda item. The presiding officer will recognize the individuals at the appropriate time. A visitor who has been granted permission to speak will have two (2) minutes to express his/her viewpoint, or ask a question. It shall be pointed out that there is no legal requirement that the public be given this opportunity to speak at board meetings. It is the policy of this board to make this time available to residents of the district, but if the pressure of business or other circumstances dictate, the Board President may decide to curtail discussion.
The board has a significant interest in maintaining the decorum of its meetings, and it is expected that members of the public
and the board will address each other with civility. The orderly process of the board meeting will not be interfered with or
disrupted by public comment. Only individuals recognized by the board president will be allowed to speak. Comments by others are out of order. If disruptive, the individual causing disruption may be asked to leave the board meeting. Defamatory comments may be subject to legal action.
Legal Reference:
Iowa Code §§ 21; 22; 279.8
Cross Reference:
205 Board Member Liability
210.8 Board Meeting Agenda
214 Public Hearings
307 Communication Channels
401.4 Employee Complaints
402.5 Public Complaints About Employees
502.4 Student Complaints and Grievances
Approved: 4-14-86
Reviewed: 2-14-22
Revised: 8-9-21
213.1 - Public Complaints
213.1 - Public ComplaintsThe board recognizes situations may arise in the operation of the school district which are 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 or concern is brought to the attention of the board it will be referred to the administration to be resolved. Prior to board action however, the following should be completed:
a. Matters should first be addressed to the teacher or employee.
b. Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the employee's building principal.
c. Unsettled matters from (b) above or problems and questions concerning the school district should be directed to the superintendent.
d. 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.
It is within the discretion of the board to address complaints from the members of the school district community, and the board will only consider whether to address complaints if they are in writing, signed, and the complainant has complied with this policy. The board is not obligated to address a complaint and may defer to the decision of the superintendent. If the board elects not to address a complaint, the decision of the superintendent shall be final. If the board does elect to address a complaint, its decision shall be final.
Complaints by Employees
Communications, grievances, and complaints from personnel shall first be brought to the attention of the building principal then the Superintendent of Schools before being brought before the Board of Directors. An employee or group of employees may at any time appeal a decision of the superintendent to the board.
Personnel desiring to address the board on any matter shall direct their communication to the Superintendent of Schools and request permission to be placed on the board agenda. The superintendent will share relevant communications with all board members.
Complaints against any employee which arise from within membership of the board, or which come to the attention of the board, except through the superintendent, shall be referred to the Superintendent of Schools for a decision. In case either the employee or the complaint is not satisfied with the decision of the superintendent, appeal may be taken to the board.
Parents, guardians and community members of the district who have concerns about the district or board may refer to the student handbook for additional guidance by the Department of Education.
Legal Reference:
Iowa Code § 279.8
Cross Reference:
210.8 Board Meeting Agenda
213 Public Participation in Board Meetings
307 Communication Channels
Approved: 6-12-89
Reviewed: 2-14-22
Revised: 8-9-21
214 - Public Hearings
214 - Public HearingsPublic hearings may be held on school district matters at the discretion of the board. Public notice of a public hearing will be in the same manner as for a board meeting except that the notice will be given at least ten days before the hearing is to be held unless it is impossible or impractical to do so, or the law requires otherwise.
At public hearings, citizens of the district who register at the door will be allowed to speak on the issue for which the public hearing is being held. Others may be allowed to speak at the board's discretion. Speakers are asked to keep their remarks as brief as possible. Prior to the beginning of the hearing, speakers and spectators will be apprised of the rules of order to be followed regarding time limitations, questions, remarks and rebuttals. In no event will a speaker be allowed to take the time of another speaker.
The board will conduct public hearings in an orderly fashion. At the beginning of the hearing, statements, background materials and public hearing rules and procedures will be presented by the board president. The board president will recognize the speakers. A board member may ask questions of the speakers after receiving permission from the board president. Only those speakers recognized by the chair will be allowed to speak. Comments by others are out of order. Individuals who interfere with or interrupt speakers, the board or the proceedings will be asked to leave.
Legal Reference:
Iowa Code §§ 21; 24.9; 26.12; 279.8, .10; 297.22.
Cross Reference:
210 Board of Directors' Meetings
213 Public Participation in Board Meetings
601.1 School Calendar
703.1 Budget Planning
Approved: 2-13-89
Reviewed: 2-14-22
Revised: 3-8-21
215 - Board of Directors' Records
215 - Board of Directors' RecordsThe board will keep and maintain permanent records of the board including, but not limited to, records of the minutes of board meetings and other required records of the board.
It is the responsibility of the board secretary to keep the minutes of the board meetings. The minutes of each board meeting will include, at a minimum, the following items: a record of the date, time, place, members present, action taken and the vote of each member, and the schedule of bills allowed will be attached. This information will be available within two weeks of the board meeting and forwarded to the newspaper designated as the official newspaper for publication. The information does not need to be published within two weeks. The schedule of bills allowed may be published on a once monthly basis in lieu of publication with the minutes. The permanent records of the board minutes may include more detail than is required for the publication of the minutes.
Minutes waiting approval at the next board meeting will be available for inspection at the central administration office after the board secretary transcribes the notes into typewritten material which has been proofread for errors and retyped.
Legal Reference:
Iowa Code §§ 21; 22; 279.8, .35, .36; 291.6, .7; 618.3.
281 I.A.C. 12.3(1).
Cross Reference:
206.3 Secretary/Treasurer
208 Ad Hoc Committees
210.8 Board Meeting Agenda
708 Care, Maintenance and Disposal of School District Records
901 Public Examination of School District Records
Approved: 6-12-89
Reviewed: 2-14-22
Revised: 3-8-21
216 - Board of Directors' Member Services
216 - Board of Directors' Member Services dawn.gibson.cm… Sun, 06/20/2021 - 22:21216.1 - Association Membership
216.1 - Association MembershipParticipation in board member associations are beneficial to the board. The board will 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.
Cross Reference:
216.2 Board of Directors' Member Development and Training
Approved: 6-24-89
Reviewed: 3-14-22
Revised: 3-8-21
216.2 - Board of Directors' Member Development and Training
216.2 - Board of Directors' Member Development and TrainingHigh-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 development opportunities include:
- Board President workshops
- IASB meetings
- Legislative meetings
- IASB Conventions
- State institutes and conferences
- Board Self-Assessment.
The board will 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.
Cross Reference:
216.1 Association Membership
Approved:6-2-89
Reviewed: 2-8-23
Revised: 2-8-23
216.3 - Board of Directors' Member Compensation and Expenses
216.3 - Board of Directors' Member Compensation and ExpensesAs an elected public official, the board member is a public servant who serves without compensation. Board members will 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. Failure to provide a detailed receipt will make the expense nonreimbursable. Personal expenses will 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 will be maintained as part of the school district's record of the claim.
It is 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 is 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.
Cross Reference:
203 Board of Directors' Conflict of Interest
401.7 Employee Travel Compensation
401.10 Credit Cards
Approved: 6-24-75
Reviewed: 3-14-22
Revised: 3-8-21
217 - Gifts to Board of Directors
217 - Gifts to Board of DirectorsBoard members may receive a gift on behalf of the school district. Board members will not, either directly or indirectly, solicit, accept or receive a 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 board member'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 a board member'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 board recipient;
- Items received from a charitable, professional, educational or business organization to which the board member 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 a board member 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 board member 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 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 a public official for the public official's wedding or twenty-fifth or fiftieth wedding anniversary;
- Payment of salary or expenses by a board member's employer or the firm in which the board member is a member for the cost of attending a meeting of a subunit of an agency when the board member whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the board member is not entitled to receive compensation or reimbursement of expenses from the school district;
- Gifts other than food, beverages, travel and lodging received by a board member 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 board member; or
- Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions. The costs of food, drink, lodging and travel are not "registration costs" under this paragraph. Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.
An "honorarium" is anything of value that is accepted by, or on behalf of, a board member as consideration for an appearance, speech or article. An honorarium does not include any of the following:
- Actual expenses of a board member 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 board member 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 department of general services; or
- A payment made to a board member for services rendered as part of a private business, trade or profession in which the board member is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as a board member but, rather, because of some special expertise or other qualification.
It is the responsibility of each board member to know when it is appropriate to accept or reject gifts or honorariums.
Legal References:
Iowa Code ch. 68B.
Cross References:
203 Board of Directors' Conflict of Interest
402.4 Gifts to Employees
704.4 Gifts - Grants - Bequests
Approved: 6-12-89
Reviewed: 3-14-22
Revised: 3-8-21
300 - ADMINISTRATION
300 - ADMINISTRATION Jen@iowaschool… Thu, 05/13/2021 - 10:06300 - Role of School District Administration
300 - Role of School District AdministrationIn this series of the board policy manual, the board defines the role and the employment of school district administrators. Policies in the 400 Series, "Employees," also apply to administrators unless a more specific policy exists in the 300 Series, "Administration."
School district administrators have been given a great opportunity and responsibility to manage the school district, to provide educational leadership, and to implement the educational philosophy of the school district. They are responsible for the day-today operations of the school district. In carrying out these operations, the administrators are guided by board policies, the law, the needs of the students, and the wishes of the citizens in the school district community.
It is the responsibility of the administrators to implement and enforce the policies of the board, to oversee employees, to monitor educational issues confronting the school district, and to inform the board about school district operations.
While the board holds the superintendent ultimately responsible for these duties, the principals are more directly responsible for educational results, for the administration of the school facilities and for the employees.
The board and the administration will work together to share information and decisions under the management team concept.
Approved: 6-14-21
Reviewed: 4-11-22
Revised: _____
301 - Administrative Structure
301 - Administrative Structure dawn.gibson.cm… Sun, 06/20/2021 - 22:37301.1 - Management
301.1 - ManagementThe board and the administrators will 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 is 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 will support the decisions reached on the issues confronting the school district.
The board is responsible for making the final decision in matters pertaining to the school district. It is the responsibility of the superintendent to develop guidelines for cooperative decision-making.
Legal Reference:
Iowa Code § 279.8.
Cross Reference:
301 Administrative Structure
Approved: 6-14-21
Reviewed: 4-11-22
Revised: _____
302 - Superintendent
302 - Superintendent dawn.gibson.cm… Mon, 06/21/2021 - 21:42302.1 - Superintendent Qualifications, Recruitment, Appointment
302.1 - Superintendent Qualifications, Recruitment, AppointmentThe 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.
Legal Reference:
29 U.S.C. §§ 621-634.
42 U.S.C. §§ 2000e et seq.
Iowa Code §§ 21.5(1)(i); 35C; 216; 279.8, .20.
281 I.A.C. 12.4(4).
Cross Reference:
200.2 Powers of the Board of Directors
200.3 Responsibilities of the Board of Directors
301 Administrative Structure
302 Superintendent
Approved: 6-12-89
Reviewed: 4-11-22
Revised: 5-10-21
302.2 - Superintendent Contract and Contract Nonrenewal
302.2 - Superintendent Contract and Contract NonrenewalThe 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 will 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 nonprobationary 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 superintendent. The board may issue a temporary and nonrenewable contract in accordance with 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.
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.
281 I.A.C. 12.4.
Cross Reference:
302 Superintendent
Approved: 1-11-99
Reviewed: 4-11-22
Revised:5-10-21
302.3 - Superintendent Salary and Other Compensation
302.3 - Superintendent Salary and Other CompensationThe board has complete discretion to set the salary of the superintendent. It is 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 is set at the beginning of each contract term.
In addition to the salary and benefits, the superintendent's actual and necessary expenses are paid by the school district when the superintendent is performing work-related duties. It is 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 will be included in the records of the board in accordance with board policy.
Legal Reference:
Iowa Code §§ 279.8, .20.
Cross Reference:
302 Superintendent
Approved: 6-14-21
Reviewed: 4-11-22
Revised: _____
302.4 - Superintendent Duties
302.4 - Superintendent DutiesThe 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 is responsible for the implementation and execution of board policy and the observance of board policy by employees and students. The superintendent is responsible for overall supervision and discipline of employees and the education program.
In executing the above-stated duties, the superintendent will consider the financial situation of the school district as well as the needs of the students.
Reference should be made to the job description for the definition of specific duties.
Legal Reference:
Iowa Code §§ 279.8, .20, 23A.
281 I.A.C. 12.4(4).
Cross Reference:
209 Board of Directors' Management Procedures
301 Administrative Structure
302 Superintendent
Approved: 6-14-21
Reviewed: 4-11-22
Revised: _____
302.5 - Superintendent Evaluation
302.5 - Superintendent EvaluationThe 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 by 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 to communicate their comments 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.
This policy supports and does not preclude the ongoing, informal evaluation of the superintendent's skills, abilities and
competence.
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. 12.3(4).
Cross Reference:
212 Closed Sessions
302 Superintendent
Approved: 6-14-21
Reviewed: 4-11-22
Revised: 8-9-21
302.6 - Superintendent Professional Development
302.6 - Superintendent Professional DevelopmentThe 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 is 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 will bring it to the attention of the board president prior to attending the event.
The superintendent will report to the board after an event.
Legal Reference:
Iowa Code § 279.8.
281 I.A.C. 12.7
Cross Reference:
303.7 Administrator Professional Development
401.7 Employee Travel Compensation
Approved: 6-12-89
Reviewed: 4-11-22
Revised: 5-10-21
302.7 - Superintendent Civic Activites
302.7 - Superintendent Civic ActivitesThe 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 is the responsibility of the superintendent 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
Cross Reference:
302.3 Superintendent Salary and Other Compensation
303.8 Administrator Civic Activities
Approved: 6-14-21
Reviewed: 4-11-22
Revised: _____
302.8 - Superintendent Consulting/Outside Employment
302.8 - Superintendent Consulting/Outside EmploymentThe superintendent is considered a full-time employee. 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 will give the superintendent thirty days notice to cease outside employment.
Legal Reference:
Iowa Code §§ 279.8, .20.
Cross Reference:
302.2 Superintendent Contract and Contract Nonrenewal
302.4 Superintendent Duties
Approved: 6-14-21
Reviewed: 4-11-22
Revised: _____
303 - Administrative Employees
303 - Administrative Employees dawn.gibson.cm… Mon, 06/21/2021 - 21:54303.1 - Administrative Positions
303.1 - Administrative PositionsThe school district will have, in addition to the superintendent, other administrative positions deemed necessary by the Board.
These administrators will work closely with the superintendent in the day-to-day operations of the school district.
It is 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.
281 I.A.C. 12.4.
Cross Reference:
301 Administrative Structure
303 Administrative Employees
Approved: 6-14-21
Reviewed: 5-09-22
Revised: _____
303.2 - Administrator Qualifications, Recruitment, Appointment
303.2 - Administrator Qualifications, Recruitment, AppointmentThe 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, 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 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 is 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 board will 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.
281 I.A.C. 12.4.
Cross Reference:
303 Administrative Employees
Approved: 6-14-21
Reviewed: 5-09-22
Revised: _____
303.3 - Administrator Contract and Contract Renewal
303.3 - Administrator Contract and Contract RenewalThe 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 nonprobationary 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 nonrenewable contracts in accordance with law.
Administrators who wish to resign, to be released from a contract, or to retire, must comply with applicable law and board policies.
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: 6-12-89
Reviewed: 5-09-22
Revised: 5-10-21
303.4 - Administrator Salary and Other Compensation
303.4 - Administrator Salary and Other CompensationThe 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 will 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 will 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 will be included in the records of the board in accordance with board policy.
Legal Reference:
Iowa Code § 279.21.
Cross Reference:
303 Administrative Employees
Approved: 6-14-21
Reviewed: 5-09-22
Revised: _____
303.5 - Administrator Duties
303.5 - Administrator DutiesAdministrators will be hired by the board to assist the superintendent in the day-to-day operations of the school district.
Each attendance center will have a building principal responsible for the administration and operation of the attendance center. Each building principal, as chief administrator of the assigned attendance center, is 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.
Reference should be made to the job description for the definition of specific duties. 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 will 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.
281 I.A.C. 12.4(5), .4(6), .4(7).
Cross Reference:
301 Administrative Structure
303 Administrative Employees
Approved: 6-14-21
Reviewed: 5-09-22
Revised: _____
303.6 - Administrator Evaluation
303.6 - Administrator EvaluationThe 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.
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.
This policy supports and does not preclude the ongoing informal evaluation of the administrator's skills, abilities and
competence.
Legal Reference:
Iowa Code §§ 279.8, .21-.23A.
281 I.A.C. Ch 12.3(3); ch. 83
Cross Reference:
303 Administrative Employees
Approved: 6-12-89
Reviewed: 5-09-22
Revised: 8-9-21
303.7 - Administrator Professional Development
303.7 - Administrator Professional DevelopmentThe 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 will bring it to the attention of the board prior to the administrator attending the event.
The administrator will report to the superintendent after an event.
Legal Reference:
Iowa Code § 279.8.
281 I.A.C. 12.7.
Cross Reference:
302.6 Superintendent Professional Development
401.7 Employee Travel Compensation
Approved: 6-12-89
Reviewed: 5-09-22
Revised: 5-10-21
303.8 - Administrator Civic Activities
303.8 - Administrator Civic ActivitiesThe 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
Cross Reference:
302.7 Superintendent Civic Activities
Approved: 6-14-21
Reviewed: 5-09-22
Revised: _____
303.9 - Administrator Consulting/Outside Employment
303.9 - Administrator Consulting/Outside EmploymentAn 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.
Cross Reference:
303.3 Administrator Contract and Contract Nonrenewal
303.5 Administrator Duties
Approved: 6-14-21
Reviewed: 5-09-22
Revised: _____
304 - Policy Implementation
304 - Policy Implementation dawn.gibson.cm… Mon, 06/21/2021 - 22:21304.1 - Development and Enforcement of Administrative Regulations
304.1 - Development and Enforcement of Administrative RegulationsAdministrative regulations may be necessary to implement board policy. It is the responsibility of the superintendent to develop administrative regulations.
In developing the administrative regulations, the superintendent should 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 will be informed in a manner determined by the superintendent.
The board will 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 is the responsibility of the superintendent to enforce administrative regulations.
Legal Reference:
Iowa Code § 279.8.
Cross Reference:
209 Board of Directors' Management Procedures
304.2 Monitoring of Administrative Regulations
Approved: 6-14-21
Reviewed: 6-13-22
Revised: _____
304.2 - Monitoring of Administrative Regulations
304.2 - Monitoring of Administrative RegulationsThe administrative regulations will 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.
Cross Reference:
209 Board of Directors' Management Procedures
304.1 Development and Enforcement of Administrative Regulations
Approved: 6-14-21
Reviewed: 6-13-22
Revised: _____
305 - Administrator Code of Ethics
305 - Administrator Code of EthicsAdministrators, as part of the educational leadership in the school district community, represent the views of the school district. Their actions, verbal and nonverbal, reflect the attitude and the beliefs of the school district. Therefore, administrators will conduct themselves professionally and in a manner fitting to their position.
Each administrator will follow the code of ethics stated in this policy. Failure to act in accordance with this code of ethics or in a professional manner, in the judgment of the board, will be grounds for discipline up to, and including, discharge.
The professional school administrator:
- Makes the education and well-being of students the fundamental value of all decision making.
- Fulfills all professional duties with honesty and integrity and always acts in a trustworthy and responsible manner.
- Supports the principle of due process and protects the civil and human rights of all individuals.
- Implements local, state and national laws.
- Advises the school board and implements the board's policies and administrative rules and regulations.
- Pursues appropriate measures to correct those laws, policies, and regulations that are not consistent with sound educational goals or that are not in the best interest of children.
- Avoids using his/her position for personal gain through political, social, religious, economic or other influences.
- Accepts academic degrees or professional certification only from accredited institutions.
- Maintains the standards and seeks to improve the effectiveness of the profession through research and continuing professional development.
- Honors all contracts until fulfillment, release or dissolution mutually agreed upon by all parties.
- Accepts responsibility and accountability for one's own actions and behaviors.
- Commits to serving others above self.
Legal Reference:
Iowa Code § 279.8.
282 I.A.C. 13.
Cross Reference:
404 Employee Conduct and Appearance
Approved: 1-11-99
Reviewed: 6-13-22
Revised: 5-10-21
306 - Succession of Authority to the Superintendent
306 - Succession of Authority to the SuperintendentIn the absence of the superintendent, it is the responsibility of the other administrators to assume the superintendent's duties.
The succession of authority to the superintendent is in this order:
1. Principals in order of seniority
2. Board Secretary
If the absence of the superintendent is temporary, the successor will assume only those duties and responsibilities of the superintendent that require immediate action. If the board determines the absence of the superintendent will be a lengthy one, the board will appoint an acting superintendent to assume the responsibilities of the superintendent. The successor will assume the duties when the successor learns of the superintendent's absence or when assigned by the superintendent or the board.
References to "superintendent" in this policy manual will mean the "superintendent or the superintendent's designee" unless otherwise stated in the board policy.
Legal Reference:
Iowa Code § 279.8.
281 I.A.C. 12.4(4).
Cross Reference:
302 Superintendent
Approved: 3-13-78
Reviewed: 6-13-22
Revised: 5-10-21
308FC - School Administrators and Law Enforcement Officials
308FC - School Administrators and Law Enforcement OfficialsIt shall be the policy of the Forest City Community School District that a reasonable cooperative effort be maintained between the school administration and law enforcement agencies. Law enforcement officials may be summoned in order to conduct an investigation of alleged criminal conduct on the school premises or during a school-sponsored activity or to maintain the educational environment. They may also be summoned for the purpose of maintaining or restoring order when the presence of such officers is necessary to prevent injury to persons or property. Administrators have the responsibility and the authority to determine when the assistance of law enforcement officers is necessary within their respective jurisdictions. The school district’s administrators shall at all times act in a manner which protects and guarantees the rights of students and parents.
Approved 2-5-79
Reviewed 6-13-22
Revised 5-10-21
400 - EMPLOYEES
400 - EMPLOYEES Jen@iowaschool… Thu, 05/13/2021 - 10:06400 - Role and Guiding Principles for Employees
400 - Role and Guiding Principles for EmployeesThis series of the board policy manual is devoted to the board's goals and objectives for employees in the performance of their jobs. Employees provide a variety of important services for the children of the school district community. They may be teaching or assisting in the classroom, working in the office, maintaining the facilities, driving or repairing the school buses, or cooking lunches. Each employee plays a vital role in providing an equal opportunity for a quality education for students commensurate with the students' individual needs. While the teachers have the most direct impact on the formal instruction of students, all employees have an impact on the school environment by their dedication to their work and their actions. As role models for the students, employees shall promote a cooperative, enthusiastic, and supportive learning environment for the students.
In striving to achieve a quality education program, the board's goal is to obtain and retain qualified and effective employees. The board shall have complete discretion to determine the number, the qualifications, and the duties of the positions and the school district's standards of acceptable performance. It shall be the responsibility of the superintendent to make recommendations to the board in these areas prior to board action. The board recognizes its duty to bargain collectively with duly certified collective bargaining units. To the extent a group of employees has a recognized collective bargaining unit, the provisions of the master contract regarding such topics shall prevail.
Board policies in this series relating to general employees will apply to employees regardless of their position as a licensed employee, classified employee, substitute or administrator. Board policies relating to licensed employees will apply to positions that require a teaching license or administrator's certificate or other professional license, certificate or endorsement, unless administrative positions are specifically excluded from the policy or a more specific policy is in the 300 series Administration. Classified employees' policies included in this series will apply to positions that do not fall within the definition of licensed employee.
Approved: 4-10-89
Reviewed: 08-08-22
Revised: 5-10-21
401 - Employees and Internal Relations
401 - Employees and Internal Relations dawn.gibson.cm… Wed, 06/23/2021 - 07:46401.1 - Equal Employment Opportunity
401.1 - Equal Employment OpportunityThe Forest City Community School District will provide equal opportunity to employees and applicants for employment in accordance with applicable equal employment opportunity and affirmative action laws, directives and regulations of federal, state and local governing bodies. Opportunity to all employees and applicants for employment includes hiring, placement, promotion, transfer or demotion, recruitment, advertising or solicitation for employment, treatment during employment, rates of pay or other forms of compensation, and layoff or termination. The school district will take affirmative action in major job categories where women, men, minorities and persons with disabilities are underrepresented. Employees will support and comply with the district's established equal employment opportunity and affirmative action policies. Employees will be given notice of this policy annually.
The board will appoint an affirmative action coordinator. The affirmative action coordinator will have the responsibility for drafting the affirmative action plan. The affirmative action plan will be reviewed by the board at least every two years. Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply. In employing individuals, the board will consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, national origin, religion, age, sexual orientation, gender identity or disability. In keeping with the law, the board will consider the veteran status of applicants.
Prior to a final offer of employment, the school district will perform the background checks required by law. Based upon the results of the background checks, the school district will determine whether an offer will be extended. If the candidate is a teacher who has an initial license from the BOEE, then the requirement for a background check is waived. The district will perform repeat background checks on applicable employees as required by law.
Advertisements and notices for vacancies within the district will contain the following statement: "The Forest Community School District is an EEO/AA employer." The statement will also appear on application forms.
Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Forest City Community School District, 145 South Clark Street, Forest City, IA 50436; or by telephoning 641-585-2323.
Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Equal Employment Opportunity Commissions, Milwaukee Area Office, Reuss Federal Plaza, 310 West Wisconsin Ave., Suite 800, Milwaukee, WI., 53203-2292, (800) 669-4000 or TTY (800) 669-6820. http://www.eeoc.gov/field/milwaukee/index.cfm or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or 1-800-457-4416, http://www.state.ia.us/government/crc/index.html. This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.
Further information and copies of the procedures for filing a complaint are available in the school district's central administrative office and the administrative office in each attendance center.
Legal Reference:
29 U.S.C. §§ 621-634.
42 U.S.C. §§ 2000e et seq.
42 U.S.C. §§ 12101 et seq.
Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8;
281 I.A.C. 12.4; 95.
Cross Reference:
102 Equal Educational Opportunity
104 Bullying/Harassment
405.2 Licensed Employee Qualifications, Recruitment, Selection
411.2 Classified Employee Qualifications, Recruitment, Selection
Approved: 4-14-86
Reviewed: 11-13-23
Revised: 11-13-23
401.1FC Security Check/Fingerprinting
401.1FC Security Check/FingerprintingPURPOSE
The intent of the following policies is to ensure the protection of the FBI’s National Criminal History Record Information (CHRI) until such time as the information is purged or destroyed in accordance with applicable record retention rules.
The following policies were developed using the FBI’s Criminal Justice Information Services (CJIS) Security Policy and guidance from the Iowa Division of Criminal Investigation (DCI). Forest City Community School may complement this policy with a local policy; however, the CJIS Security Policy shall always be the minimum standard. The local policy may supplement, or increase the standards, but shall not detract from the CJIS Security Policy standards nor from requirements set forth by the Iowa DCI.
SCOPE
The scope of this policy applies to any media, physical or electronic, containing FBI national CHRI-or any reference to such CHRI-received by a Qualified Entity (QE), while being stored, accessed or physically moved to a secure location by the Forest City Community School District. In addition, this policy applies to any person authorized to access, store, and/or transport national CHRI, who shall be referred to as Authorized Personnel.
Criminal Justice Information (CJI) and Criminal History Record Information (CHRI)- Criminal Justice Information (CJI) is the term used to refer to all of the FBI CJIS provided data necessary for law enforcement and civil agencies to perform their missions including, but not limited to biometric, identity history, biographic, property, and case/incident history data.
The DCI uses the term CHRI, which is a subset of CJI and for the purposes of this document is considered interchangeable. Due to its comparatively sensitive nature, additional controls are required for the access, use and dissemination of CHRI. In addition to the dissemination restrictions outlined below, Title 28, Part 20, Code of Federal Regulations (CFR), defines CHRI and provides the regulatory guidance for dissemination of CHRI.
According to 28 CFR 20.33, CHRI is information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, and release. The term does not include identification information such as fingerprint records if such information does not indicate the individual's involvement with the criminal justice system.
In other words, CHRI refers to the FBI result received from DCI based on fingerprints submitted by the QE, whether the results indicate a positive identification of criminal history or not.
Proper Access, Use, and Dissemination of CHRI- Rules governing the access, use, and dissemination of CHRI are found in Title 28, Part 20, CFR.
Forest City Community School District has been approved as a Qualified Entity (QE) to receive CHRI pursuant to a specific statutory authority and shall not use such CHRI acquired pursuant to such authority for any other reason. Forest City Community School is authorized to submit fingerprints to request national CHRI and review resultant CHRI as part of the screening process for applicants for employment or licensure, including current and/or prospective employees and volunteers, contractors and vendors, who have or may have unsupervised access to children, the elderly, or individuals with disabilities for whom the QE provides care for, or for other applicants as specified in the applicable statute.
Dissemination to another agency is ONLY authorized if the other agency is an Authorized Recipient of such information and is being serviced by the QE. The Iowa DCI does not allow outsourcing for administrative functions, including IT support.
Personnel Security Screening - Access to CHRI is restricted to Authorized Personnel. Authorized Personnel includes anyone who may have reason to access, view, have knowledge of, handle, and/or destroy CHRI, including anyone who may only have occasion to view CHRI incidentally in the performance of their duties. If the agency stores or transmits CHRI electronically, the agency’s IT personnel must also be identified as Authorized Personnel.
Iowa does not have legislation in place that requires civil fingerprint-based background checks for personnel with access to CHRI for the purposes of licensing or employment and therefore are exempted from the fingerprint-based background check requirement until such time as appropriate legislation has been written into law.
Security Awareness Training- Security Awareness Training through CJIS Online shall be required within six months of initial assignment, and biennially thereafter, for all personnel who have access to CHRI. Authorized Personnel will receive CJIS Online credentials set up by the Agency Administrator. Both the Agency Administrator and Authorized Personnel will be responsible for taking the Training and renewing certification as needed.
A physically secure location is a facility or an area, a room, or a group of rooms within a facility with both the physical and personnel security controls sufficient to protect CHRI. CHRI will be maintained securely and will only be accessible by Authorized Personnel. Forest City Community School District will maintain and keep a current list of all Authorized Personnel. Authorized Personnel will take necessary steps to prevent and protect the agency from physical, logical and electronic breaches.
Media Protection- Controls shall be in place to protect physical and electronic media containing CHRI while at rest, stored, or actively being accessed. The QE shall securely store physical and electronic media within physically secure locations or controlled areas such as in a locked file cabinet or other locked receptacle. The agency shall restrict access to physical and electronic media to authorized individuals.
- Physical Media- Physical media includes hardcopies, printed documents and imagery that contain CHRI.
- Electronic Media - While electronic storage and/or transmission is strongly discouraged, electronic media includes memory devices in laptops and computers (hard drives) and any removable, transportable digital memory media, such as magnetic tape or disk, backup medium, optical disk, flash drives, external hard drives, or digital memory card.
If storing or transmitting CHRI electronically, the data shall be immediately protected via encryption per Section 5.10.1.2 of the CJIS Security Policy.
Controls shall be in place to protect electronic and physical media containing CHRI while in transport (physically moved from one location to another) to prevent inadvertent or inappropriate disclosure and use. The QE shall protect and control physical and electronic media during transport outside of controlled areas and restrict the activities associated with transport of such media to Authorized Personnel.
When no longer usable or needed, all physical and electronic media shall be properly disposed of in accordance with measures established by Forest City Community School District.
Physical media (hard copies, print-outs and other physical media) shall be disposed of by one of the following methods:
- Shredding using Forest City Community School District issued shredders.
- Placed in locked shredding bins for the district's designated secure shredding company to come on-site and shred, witnessed by Forest City Community School District personnel throughout the entire process.
- Incineration using Forest City Community School District incinerators or witnessed by Forest City Community School District personnel onsite at agency.
Electronic media (hard-drives, tape cartridge, CDs, printer ribbons, flash drives, printer and copier hard-drives, and other similar items used to process, store and/or transmit CHRI) shall be disposed of by Forest City Community School District using one of these methods:
- Overwriting (at least 3 times) - an effective method of clearing data from magnetic media. As the name implies, overwriting uses a program to write (1s, 0s, or a combination of both) onto the location of the media where the file to be sanitized is located.
- Degaussing - a method to magnetically erase data from magnetic media. Two types of degaussing exist: strong magnets and electric degausses. Note that common magnets (e.g., those used to hang a picture on a wall) are fairly weak and cannot effectively degauss magnetic media.
- Destruction – a method of destroying magnetic media. As the name implies, destruction of magnetic media is to physically dismantle by methods of crushing, disassembling, etc., ensuring that the platters have been physically destroyed so that no data can be pulled.
IT systems that have been used to process, store, or transmit FBI CHRI shall not be released from Forest City Community School District‘s control until the equipment has been sanitized and all stored information has been cleared using one of the above methods.
Electronic Media- The agency shall promptly report incident information to appropriate authorities to include the Iowa DCI. Information security events and weaknesses associated with information systems shall be communicated in a manner allowing timely corrective action to be taken. Formal event reporting and escalation procedures shall be in place. Wherever feasible, the agency shall employ automated mechanisms to assist in the reporting of security incidents. All Authorized Personnel shall be made aware of the procedures for reporting the different types of event and weakness that might have an impact on the security of agency assets and are required to report any information security events and weaknesses as quickly as possible to the designated point of contact.
Policy Violation/Misuse Notification- Violation of any of the requirements contained in the CJIS Security Policy or Title 28, Part 20, CFR, by any authorized personnel will result in suitable disciplinary action, up to and including loss of access privileges, civil and criminal prosecution and/or termination.
Likewise, violation of any of the requirements contained in the CJIS Security Policy or Title 28, Part 20, CFR, by any visitor can result in similar disciplinary action against the sponsoring employee, and can also result in termination of services with any associated consulting organization or prosecution in the case of criminal activity.
Legal Reference:
Iowa Code §§ 272.2(17); 279.13, .69; 235A.14; 235B.5; 321.375(2); 692A.121
Cross Reference:
401.1 Equal Opportunity Employment
Approved: 2-8-23
Reviewed: ____
Revised: ____
401.1RFC- Security Check/Fingerprinting
401.1RFC- Security Check/FingerprintingPrior to hiring an applicant for a school employee position, the District shall have access to and shall review the information in the Iowa court information system available to the general public, the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under section 235A.14, and the central registry for dependent adult abuse information established under section 235B.5 for information regarding the applicant.
The District shall implement consistent procedures for each school employee employed by the school district at least every five years after the school employee’s initial date of hire. employees currently licensed by the BOEE do not have to submit rechecks per the exemption in Code 272.2(17): BOEE rechecks for licensure are done for initial applicants and licensure renewal for teachers, substitute teachers (both licensed and authorized), administrators, school business officials, school administration managers, paraprofessionals and non-teaching coaches. These are the positions that are not required to be rechecked every five years at the district level, since they are subject to BOEE authorization under 272.2(17) for either initial licensure or renewal. Teachers on permanent professional license do not go through a renewal process so are not exempted via Chapter 272.2(17) and will be checked every five years.
The District shall not charge an employee for the cost of the registry checks conducted pursuant to this subsection. The District shall maintain documentation demonstrating compliance with this subsection.
Additionally, Iowa law requires all teachers who are new to your district who have taught elsewhere and do not have an initial or exchange license to have a background check prior to entering into an initial contract.
To comply with this, the Superintendent or his/her designee must conduct background checks for employees who get an Iowa Code Sec. 279.13 (teaching) contract, through the Iowa Division of Criminal Investigation (DCI) in the Department of Public Safety. For all other school employees, the District will use a private vendor. There is no prohibition against also using a private vendor for a comprehensive background check on these newly hired teachers, in addition to the mandated DCI requirement.
In order to process such record checks, the following procedure will be followed:
- No later than ten calendar days after the Superintendent or his/her designee has notified job applicant of a decision to hire the applicant, or as soon thereafter as practicable, the Superintendent or his/her designee will supply the applicant with a packet containing all documents and materials necessary for the applicant to be screened and/or fingerprinted as required.
- No later than ten calendar days after the Superintendent or his/her designee has provided the successful job applicant with the packet, the applicant must return the screening authorization forms and schedule to be fingerprinted with an authorized provider. Failure of the applicant to have his/her fingerprints taken within such a ten-day period, without good cause, will be grounds for the withdrawal of the offer of employment.
- The District will pay all fees and costs associated with the screening and/or fingerprinting process and/or the submission or processing of the requests for criminal record checks.
- Upon receipt of a criminal record check indicating a previously undisclosed conviction, the Superintendent or his/her designee will notify the affected applicant/employee of the results of the record check and will provide an opportunity for the affected applicant/ employee to respond to the results of the criminal record check.
- Decisions regarding the effect of a conviction upon an applicant/employee, whether disclosed or undisclosed by the applicant/employee, will be made on a case-by-case basis. Notwithstanding the foregoing, the falsification or omission of any information on a job application or in a job interview, including, but not limited to information concerning criminal convictions or pending criminal charges, shall be grounds for disqualification from consideration for employment or discharge from employment.
- The District is prohibited from offering employment for any position involving direct student contact until the following has occurred:
- the applicant has complied with the above disclosure requirements;
- the District has verified with the Iowa Board of Educational Examiners (BOEE) about the applicant’s eligibility status for a position requiring a certificate, authorization, or permit; previous disciplinary action for a substantiated finding of abuse or neglect or sexual misconduct; and notice of a criminal conviction or pending criminal charges against the applicant.
- A good faith effort to reach an applicant’s current and previous employers shall be made. A “good faith effort” is one requiring no more than three phone calls on three separate days.
- The District may request additional information from an applicant’s current or former employers relating to any response the applicant listed on the standardized application form, to which the applicant must respond within five business days of receipt. Immunity is provided from criminal and civil liability to any employer who provides such information, as well as to the BOEE, as long as the information supplied is not knowingly false.
- The information available to the Board from the BOEE about an applicant may include:
- any information about the applicant’s eligibility for employment with such education employer in a position that requires a certificate, authorization, or permit;
- whether the BOEE knows if the applicant was disciplined for a finding of abuse or neglect or sexual misconduct, and any information related to the finding; and
- whether the BOEE has been notified that the applicant has been convicted of a crime or of pending criminal charges against the applicant and any information about such charges.
- Applicants for substitute teaching positions must also fulfill the disclosure requirements as listed above. The District will also request information from the applicant’s prior employers and the BOEE (in the same manner required for other applicants).
- Substitute teachers and other substitute employees, if they are continuously employed by the district, do not have to be re-screened after fulfilling the initial requirement until their current screen expires.
- The District shall maintain a list of individuals suitable to work as substitute teachers and substitute employees.. Only those on the list may be hired as substitutes. An individual remains on the list as long as (1) he or she is continuously employed by the District as a substitute and (2) District does not have any knowledge that would cause the person to be removed from the list.
- School nurses and nurse practitioners appointed by the Board or under contract with the Board shall also submit to a criminal history check.
- Each applicant for a certified and/or non-certified position must submit to a records check of the sex offender registry established under chapter 692A, the central registry for child abuse information established under section 235A.14, and the central registry for dependent adult abuse information established under section 235B.5 before the applicant may be hired. The Superintendent or his/her designee shall request the required records check in accordance with the procedures as required.
- Each applicant for a certified and/or non-certified position must submit to a records check Being listed in the sex offender registry established under chapter 692A, the central registry for child abuse information established under section 235A.14, or the central registry for dependent adult abuse information established under section 235B.5 shall constitute grounds for the immediate suspension from duties of a school employee, pending a termination hearing by the board of directors of a school district. A termination hearing conducted pursuant to this subsection shall be limited to the question of whether the school employee was incorrectly listed in the registry
- Contractors that apply for positions involving direct student contact are required to perform the checks on their employees who would fill such positions. These checks are similar to the ones the District must perform on applicants.
- A contractor’s employee must fulfill the three disclosure requirements that a regular, direct applicant for such a position must fulfill.
- The contractor must contact any current or former employers that were education employers and request, by telephone or in writing, any information about whether there was a finding of abuse or neglect or sexual misconduct against the employee, and which the employer must report if there is one.
- Should the contractor receive any information indicating such a finding or otherwise has knowledge of one, he or she must immediately forward, either by telephone or in writing, the information to the District.
- The District must determine whether the employee may work in a position involving direct student contact at any of its schools.
- It is not considered a breach of contract for the District to determine that the contractor’s employee is forbidden to work under any such contract in such a position.
- The District shall notify BOEE when it receives information that applicants or employees have been disciplined for a finding of abuse or sexual misconduct.
- The District is required to provide upon request, to any other education employer or to the BOEE, information it may have about a finding of abuse or sexual misconduct for someone being vetted for hire as a direct employee of the Board or a contractor’s employee.
- The Board is prohibited from entering into any collective bargaining agreement, employment contract, resignation or termination agreement, severance agreement, or any other agreement or take any action that results in any of the following outcomes:
- has the effect of suppressing information about an investigation of a report of suspected abuse or neglect or sexual misconduct by a current or former employee;
- affects the education employer’s ability to report suspected abuse or neglect or sexual misconduct to appropriate authorities; or
- requires the district to expunge information about an allegation or finding of suspected abuse or neglect or sexual misconduct from any documents it maintains, unless after investigation the allegation is dismissed or found to be false.
- The District may employ or contract with an applicant for up to 90 days while awaiting the complete review of their application information, as long as the following has occurred:
- the District has no information about the applicant that would disqualify him or her from employment, and
- the applicant affirms that he or she is not disqualified from employment with the education employer.
- Applicants who knowingly provide false information or knowingly fail to disclose information that is statutorily required to the District is subject to discipline by the District. Such discipline may include denial of employment or termination of a certified employee’s contract.
Legal Reference:
Iowa Code §§ 272.2(17); 279.13, .69; 235A.14; 235B.5; 321.375(2); 692A.121
Cross Reference:
401.1 Equal Opportunity Employment
Approved: 2-8-23
Reviewed: ____
Revised: ____
401.2 - Employee Conflict of Interest
401.2 - Employee Conflict of InterestEmployees' use of their position with the school district for financial gain is considered a conflict of interest with their position as employees and may subject employees to disciplinary action.
Employees have access to information and a captive audience that could award the employee personal or financial gain. No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the superintendent. If the approval of the superintendent is given, the employee must conduct the solicitations within the conditions set by the superintendent. Further, the superintendent may, upon five days notice, require the employee to cease such solicitations as a condition of continued employment.
Employees will not act as an agent or dealer for the sale of textbooks or other school supply companies doing business with the school district. Employees will not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents. Employees will not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school district.
It will also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities. In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to exist will include, but not be limited to, any of the following:
(1) The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district's badge, uniform, business card or other evidences of office to give the employee or the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public. For purposes of this section, a person is not "similarly situated" merely by being related to an employee who is employed by the school district.
(2) The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district.
(3) The outside employment or activity is subject to the official control, inspection, review, audit or enforcement authority of the employee during the performance of the employee's duties.
If the outside employment or activity is employment or activity in (1) or (2) above, the employee must cease the employment of or activity. If the activity or employment falls under (3), then the employee must:
- Cease the outside employment or activity; or,
- Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity. Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.
When procurement is supported by Federal Child Nutrition funds, employees will not participate in the selection, award, or administration of a contract if there is a real or apparent conflict of interest in the contract. Contract, for purposes of this paragraph, includes a contract where the employee, employee’s immediate family, partner, or a non-school district employer of these individuals is a party to the contract.
It is the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.
Legal Reference:
7 C.F.R. 3016.36(3)
Iowa Code §§ 20.7; 68B; 279.8; 301.28.
Cross Reference:
203 Board of Directors' Conflict of Interest
402.4 Gifts to Employees
402.6 Employee Outside Employment
404 Employee Conduct and Appearance
Approved: 6-14-21
Reviewed: 08-08-22
Revised: _____
401.3 - Nepotism
401.3 - NepotismMore 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.
In the case when the district employs a teacher whose spouse is serving as their building principal, the following guidelines will be adhered:
- The superintendent will either evaluate or appoint a building administrator from another building to evaluate the teacher in question. The evaluation will follow procedures outlined in the Master Contract.
- Violations of the Master Contract will be referred to the Superintendent’s office for disciplinary action.
- Grievance procedures will be amended whenever the superintendent is listed as a hearing officer.
- In the event the superintendent is not available and action is needed immediately, the most senior building administrator should be contacted. In the event the most senior building administrator is supervising their spouse, the next senior administrator will be called.
In the case when the district employs support staff whose supervisor is either a spouse or relative, the following guidelines will be adhered:
- The supervisor who employs a spouse or relative will coordinate with the Superintendent to determine who should evaluate the employee. The supervisor may designate a person to perform the evaluation function recognizing that the evaluator must be a person with supervisory experience.
Legal Reference:
Iowa Code §§ 20; 71; 277.27; 279.8.
Cross Reference:
405.2 Licensed Employee Qualifications, Recruitment Selection
411.2 Classified Employee Qualifications, Recruitment Selection
Approved: 11-11-04
Reviewed: 08-08-22
Revised: 5-10-21
401.4 - Employee Complaints
401.4 - Employee ComplaintsComplaints 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 5 days of the supervisor's decision. If the matter cannot be resolved by the principal, the employee may discuss it with the superintendent within 5 days after speaking with the principal.
If the matter is not satisfactorily resolved by the superintendent, the employee may ask to have the matter placed on the board agenda of a regularly scheduled board meeting in compliance with board policy. The board retains discretion as to whether to consider or take action on any complaint.
This policy is designed to create an appropriate process for pursuing general employee complaints. However, employees wishing to address a complaint on a topic with a more specialized procedure such as master contract grievances, or bullying or harassment claims should follow the appropriate process set forth in the master contract, employee handbook or other board policies specific to that topic.
A formal grievance procedure is contained in the Master Contract between the employee’s licensed bargaining unit and the Board. This policy will not apply to a complaint that has been or could be filed at the employee’s discretion under that formal grievance procedure.
Legal Reference:
Iowa Code §§ 20; 279.8
Cross Reference:
Approved: 6-14-21
Reviewed: 08-08-22
Revised: 11-8-21
401.5 - Employee Records
401.5 - Employee RecordsThe school district will maintain personnel records on employees. The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.
The records will include, but not be limited to, records necessary for the daily administration of the school district, salary records, evaluations, application for employment, references, and other items needed to carry out board policy. Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility. Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.
Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee. The school district may charge a reasonable fee for each copy made. Employees, however, will not be allowed access to the employment references written on behalf of the employee. Board members will generally only have access to an employee's file when it is necessary because of an employee related matter before the board.
It is the responsibility of the superintendent to keep employees' personnel files current. The board secretary is the custodian of employee records.
It is the responsibility of the superintendent to develop administrative regulations for the implementation of this policy.
Legal Reference:
Iowa Code chs. 20; 21; 22; 91B.
Cross Reference:
402.1 Release of Credit Information
403 Employees' Health and Well-Being
708 Care, Maintenance and Disposal of School District Records
Approved: 2-10-05
Reviewed: 08-08-22
Revised: 5-10-21
401.5R1 - Employee Records Regulation
401.5R1 - Employee Records RegulationEmployee Personnel Records Content
1. Employee personnel records may contain the following information:
- Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.
- Individual employment contract.
- Evaluations.
- Application, resume and references.
- Salary information.
- Copy of the employee's license or certificate, if needed for the position.
- Educational transcripts.
- Assignment.
- Records of disciplinary matters.
2. Employee health and medical records are kept in a file separate from the employee's personnel records. Health and
medical records may contain, but are not limited to:
- Medical professional signed physical form.
- Sick or long-term disability leave days.
- Worker's compensation claims.
- Reasonable accommodation made by the school district to accommodate the employee's disability.
- Employee's medical history.
- Employee emergency names and numbers.
- Family and medical leave request forms.
3. The following are considered public personnel records available for inspection:
- The name and compensation of the individual, including any written agreement establishing compensation or any other terms of employment, except for that information that is otherwise protected. "Compensation" includes the value of benefits conferred including, but not limited to: casualty, disability, life or health insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments, retirement benefits and deferred compensation;
- The dates the individual was employed by the government body;
- The positions the individual holds or has held with the government body;
- The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual's previous employers, positions previously held and dates of previous employment;
- The fact that the individual resigned in lieu of termination, was discharged, or was demoted as a result of a disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion. “Demoted” or “demotion” mean a change of an employee from a position in a given classification to a position in a classification having a lower pay grade; and;
- Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to the Family Educational Privacy Rights Act (FERPA.)
Applicant File Records Content
Records on applicants for positions with the school district are maintained in the central administration office. The records will include, but not be limited to:
- Application for employment.
- Resume.
- References.
- Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.
- Affirmative action form, if submitted.
Record Access
Only authorized school officials will have access to an employee's records without the written consent of the employee. Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary. In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical file without the consent of the employee. Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of board business.
Approved: 2-10-05
Reviewed: 5-8-23
Revised: 5-8-23
401.6 - Limitations to Employment References
401.6 - Limitations to Employment ReferencesThe 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.
Legal References:
20 U.S.C. §7926
Iowa Code 256;
281 I.A.C. 12.3(14)
Cross References:
401.5 Employee Records
402.2 Child Abuse Reporting
402.3 Abuse of Students by School District Employees
405.2 Licensed Employee Qualifications, Recruitment, Selection
411.2 Classified Employee Qualifications, Recruitment, Selection
Approved 6-14-21
Reviewed 7-17-24
Revised 7-17-24
401.7 - Employee Travel Compensation
401.7 - Employee Travel CompensationEmployees traveling on behalf of the school district and performing approved school district business will be reimbursed for their actual and necessary expenses. Actual and necessary travel expenses will include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses and registration costs.
Travel Outside the School District
Travel outside of the school district must be pre-approved. Pre-approval will include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business. Travel outside the school district by employees, other than the superintendent, is pre-approved by the superintendent or an immediate supervisor. Travel outside the district by the superintendent will be approved by the board president.
Reimbursement for actual and necessary expenses may be allowed for travel outside the school district if the employee received pre-approval for the travel. Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed, itemized receipt, indicating the date, purpose and nature of the expense for each claim item. In exceptional circumstances, the superintendent may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances is maintained as part of the school district's record of the claim.
Failure to have a detailed, itemized receipt will make the expense a personal expense. Personal expenses, including mileage, in excess of that required for the trip 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 mileage at the Internal Revenue Service standard mileage rate. Travel to/from home and work is never a reimbursable travel expense. Pre-approved expenses for transportation outside of three-hundred miles of the school district administrative office may be by public carrier. Reimbursement for air travel will be at the tourist class fares. Should an employee choose to travel by automobile, reimbursement will be limited to the public carrier amount. Pre-approved expenses for transportation in a rental car is limited to the cost of a Class "C" rental car at a medium-priced agency unless the number of people traveling on behalf of the school district warrants a larger vehicle. Travel costs for a spouse or anyone other than the district employee shall be a personal expense not reimbursed by the district.
Employees of the school district shall be reimbursed for expenses incurred for travel pre-approved by the superintendent. Every effort will be made to minimize district costs. When actual expenses rather than a set figure are to be reimbursed, the following guidelines apply:
Out-of-State
- Food: An employee(s) traveling overnight on approved school-related business is limited to a per diem of $65. However, if the city is identified in IRS Publication 1542 with a higher per diem, the higher rate will apply. The day of departure and the day of return will be reimbursed up to 75% of the prevailing per diem including gratuity. Gratuity will be reimbursed up to 20%. All meal expenses and gratuities are included in the per diem reimbursement rate.
- Travel: A district vehicle may be used. Coach class will be the maximum reimbursement for air travel or the IRS mileage rate per mile whichever is less. Ground travel (vehicle rental, cab, bus, subway, parking etc.) will be reimbursed.
- Lodging: Lodging expenses are limited to the rate of a medium-priced hotel in the area or headquarters hotel.
In-State
- Food: Meal expenses will be reimbursed in accordance with IRS guidelines for school-related business. Gratuity will be reimbursed up to 20%. An employee(s) traveling overnight on approved school-related business is limited to a per diem of $50. However, if the city is identified in IRS Publication 1542 with a higher per diem, the higher rate will apply. The day of departure and the day of return will be reimbursed up to 75% of the prevailing per diem. All meal expenses and gratuities are included in the per diem reimbursement rate.
- Travel: Coach class will be the maximum reimbursement for air travel or the IRS mileage rate per mile, whichever is less.
- Lodging: Lodging expenses are limited to the rate of a medium-priced hotel in the area or headquarters hotel.
Travel Within the School District
Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position may be reimbursed at the Internal Revenue Service standard mileage rate. It is the responsibility of the superintendent to approve travel within the school district by employees. It is the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.
Travel allowances within the district will be provided only after board approval. Employees who are allowed a within district travel allowance will have the amount of the allowance actually received during each calendar year included on the employee's W-2 form as taxable income according to the Internal Revenue Code.
Use of District-Owned Vehicles
Certain district employment positions may require regular and extensive travel. Due to the required duties of these positions, the district may provide certain positions with use of district-owned vehicles. Employees who utilize district-owned vehicles during the course of their job duties are fulfilling the public purpose of meeting the needs of the educational community in an efficient, and time-sensitive manner. District-owned vehicles are purchased and maintained with public money and must be used strictly in accordance with fulfilling a public purpose. These vehicles represent the district in carrying out its educational mission. Therefore, district-owned vehicles will be clearly marked at all times to identify the district.
The superintendent is responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment and proper use of school district vehicles. The administrative regulations will include the appropriate forms to be filed for reimbursement to the employee from the school district and the procedures for obtaining approval for travel outside of and within the school district.
Legal Reference:
Iowa Constitution, Art. III, § 31.
Iowa Code §§ 70A.9-.11.
Cross Reference:
216.3 Board of Directors' Member Compensation and Expenses
401.10 Credit Cards
904.1 Transporting Students in Private Vehicles
Approved 6-14-21
Reviewed 9-12-22
Revised _______
401.8 - Recognition for Service of Employees
401.8 - Recognition for Service of EmployeesThe board recognizes and appreciates the service of its employees. Employees who retire or resign may be honored by the board, administration and staff in an appropriate manner.
If the form of honor thought appropriate by the administration and employees involves unusual expense to the school district, the superintendent will seek prior approval from the board.
Legal Reference:
Iowa Const. Art. III, § 31.
Iowa Code § 279.8.
Cross Reference:
407 Licensed Employee Termination of Employment
413 Classified Employee Termination of Employment
Approved: 6-14-21
Reviewed: 9-12-22
Revised: _____
401.8R1FC - Staff Recognition Program
401.8R1FC - Staff Recognition ProgramThe Forest City School District Board of Education recognizes that staff personnel are vital to the educational success of students in the district. The Board wishes to recognize staff personnel with awards that highlight years of service to the district and retirement.
The following recognition program is adopted to provide continuity, equity and coordination which will enable the Board of Directors to meet the goal of highlighting service to the district. The program is to include all staff in the Forest City Community School District.
It is recommended that a breakfast or luncheon be held during the school year to deliver this program and hand out awards. Other delivery modes may be used as the board and administration desires.
Approved: 7-17-89
Reviewed: 9-12-22
Revised: 5-10-21
401.9 - Employee Political Activity
401.9 - Employee Political ActivityEmployees 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.
Cross Reference:
409.5 Licensed Employee Political Leave
414.5 Classified Employee Political Leave
Approved:6-14-21
Reviewed: 9-12-22
Revised: _____
401.11 - Employee Orientation
401.11 - Employee OrientationEmployees must know their role and duties. New employees may be required to participate in an orientation program for new employees. The employee's immediate supervisor should provide the new employee with a review of the employee's responsibilities and duties. Payroll procedures and employee benefit programs and accompanying forms will be explained to the employee by the Business Manager . Regular employees ineligible for the school district's group health plan will be given information regarding where they can obtain health care or health care insurance.
Legal Reference:
Iowa Code §§ 20; 279.8.
191 I.A.C. 74.
Cross Reference:
404 Employee Conduct and Appearance
406 Licensed Employee Compensation and Benefits
412 Classified Employee Compensation and Benefits
Approved: 6-14-21
Reviewed: 9-12-22
Revised: _____
401.12 - Employee Use of Cell Phones
401.12 - Employee Use of Cell PhonesThe 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.
Cell Phone Allowance
Certain positions within the district may require the regular use of cell phones to conduct district business. These employees may purchase and/or maintain cell phones and related equipment, at their own expense, to make themselves accessible to the district and to conduct district business more efficiently. The superintendent has discretion to determine which district positions qualify for a cell phone allowance. The monthly cell phone allowance amount shall be established by the superintendent and/or the board. Employees who utilize their personal cell phones shall do so in accordance with this policy and accompanying procedures. The cell phone allowance is neither permanent nor guaranteed. The district reserves the right to rescind the allowance at any time for a violation of district policy or regulation or for any other reason.
Employees violating the policy will be subject to discipline, up to and including, discharge. It is the responsibility of the superintendent to develop administrative regulations regarding this policy.
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 1-8-12
Reviewed 9-12-22
Revised 5-10-21
401.12R1 - Employee Use of Cell Phones Regulation
401.12R1 - Employee Use of Cell Phones RegulationCell phone Usage
1. Cell phones shall be used in a manner that does not disrupt instruction and should not be used during school-sponsored programs, meetings, in-services, or other events where there exists a reasonable expectation of quiet attentiveness unless there is a reason of personal health or safety involved.
2. Cell phones should not be used to transmit confidential student or personal information either verbally or written.
3. Employees are prohibited from using a cell phone while driving as part of their work duties, unless in the case of an emergency, unless the vehicle has come to a complete stop and the gear is in park.
4. Cell phones are provided specifically to carry out official school district business when other means of communications are not readily available. These devices may not be used for routine personal communications..
5. Personal use of school district-provided cell phones is limited to making or receiving calls for emergency and/or incidental purposes. Whenever possible, such calls should be made or received on school district or other public telephones.
6. Employees issued a cell phone are responsible for its safekeeping at all times. Defective, lost or stolen cell phones are to be reported immediately to the superintendent who will in turn notify the service provider. Reckless or irresponsible use of school district equipment, resulting in loss or damage may result in the employee having to reimburse the school district for any associated costs of replacement or repair.
7. Cell phones and any other school district issued communication equipment issued for employees are to be returned to the board secretary at the conclusion of the school year, activity or as otherwise specified or immediately upon request.
Cell Phone Authorization - School district-provided cell phones may be purchased and authorized for staff use in accordance with the following guidelines:
Cell phones may be assigned or made available on a temporary basis, by the superintendent, when it is determined:
1. The assignment of a cell phone device to the employee is a prudent use of school district resources;
2. The employee's job responsibilities requires the ability to communicate frequently outside of district property and/or regular district hours.
3. The employee's job involves situations where immediate communication is necessary to ensure the safety of individuals and security of school district property.
Cell Phone Business Procedures
School district employees may be reimbursed for use of privately owned cell phones to conduct school district business in accordance with board policy and this regulation, with prior approval of the superintendent.
1. Requests for reimbursement for authorized use of employee owned cell phones are to be submitted on school district provided forms accompanied by a copy of the billing statement with the school district business related calls highlighted. A notation for each highlighted entry, indicating the nature of the call is required. The employee’s immediate supervisor must sign-off on the billing statement verifying the calls were school district business related. School district reimbursement for authorized use of employee owned cell phones will be made in conformance with school district payment procedures. Requests for reimbursement, including the highlighted billing statement must be submitted within thirty (30) days of the end of the time period for which reimbursement is requested. Requests submitted after the reimbursement deadline has passed will be denied.
2. If personal calls are made on a district-owned phone and the calls result in an additional plan charge to the district, the calls must be itemized and reimbursed to the district.
Approved: 1-8-12
Reviewed: 9-12-22
Revised: 5-10-21
401.14 - Employee Expression
401.14 - Employee ExpressionThe board believes the district has an interest in maintaining an orderly and effective work environment while balancing employees' First Amendment rights to freedom of expression and diverse viewpoints and beliefs. When employees speak within their official capacity, their expression represents the district and may be regulated. The First Amendment protects a public employee’s speech when the employee is speaking as an individual citizen on a matter of public concern. Even so, employee expression that has an adverse impact on district operations and/or negatively impacts an employee’s ability to perform their job for the district may still result in disciplinary action up to and including termination.
Employees will comply with Iowa law to the extent that compliance does not infringe on employees’ free speech rights. Employees who use social media platforms are encouraged to remember that the school community may not be able to separate employees as private citizens, from their role within the district. Employee expression on social media platforms that interferes with the district’s operations or prevents the district from functioning efficiently and effectively may be subject to discipline up to and including termination.
A district employee who acts to protect a student for engaging in free expression or who refuses to infringe on students engaging in free expression; and who is acting within the scope of their professional ethics will not be retaliated against or face any adverse employment action based on their behavior provided that expression is otherwise permitted by law and board policy.
If the board or court finds an employee that is subject to licensure, certification or authorization by the Board of Educational Examiners discriminated against a student or other co-employee, the board will refer the employee to the Board of Educational Examiners for additional proceedings as required by law and which may result in discipline up to and including termination.
Legal Reference:
U.S. Const. Amend. I
Kennedy v. Bremerton School District, 597 U.S. (2022)
Iowa Code §§ 279.73; 280.22
Cross Reference:
502.3 Student Expression
504.3 Student Publications
Approved: 9-14-21
Reviewed: 11-14-22
Revised: 11-14-22
402 - Employees and Outside Relations
402 - Employees and Outside Relations dawn.gibson.cm… Wed, 06/23/2021 - 07:39402.1 - Release of Credit Information
402.1 - Release of Credit InformationThe following information will be released to an entity with whom an employee has applied for credit or has obtained credit: title of position, income, and number of years employed. This information will be released without prior written notice to the employee. Confidential information about the employee will be released to an inquiring creditor with a written authorization from the employee.
It is the responsibility of the board secretary or superintendent to respond to inquiries from creditors.
Legal Reference:
Iowa Code §§ 22.7; 279.8.
Cross Reference:
401.5 Employee Records
Approved: 6-14-21
Reviewed: 10-10-22
Revised: _____
402.2 - Child Abuse Reporting
402.2 - Child Abuse ReportingIn 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, paraeducators and all school employees 18 years or older are mandatory reporters as provided by law and are to report alleged incidents of child abuse they become aware of within the scope of their professional duties.
When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter shall make an oral report of the suspected child abuse to the Iowa Department of Human Services within 24 hours of becoming aware of the abusive incident 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.
Legal Reference:
Iowa Code §§ 232.67-.77; 232A; 235A; 280.17.
441 I.A.C. 9.2; 155; 175.
Cross Reference:
402.3 Abuse of Students by School District Employees
502.9 Interviews of Students by Outside Agencies
507 Student Health and Well-Being
Approved: 4-14-86
Reviewed: 7-10-23
Revised: 7-10-23
402.3 - Abuse of Students by School District Employees
402.3 - Abuse of Students by School District EmployeesPhysical or sexual abuse of students, including but not limited to sexual or physical relationships, grooming behavior, and otherwise inappropriate relationships with students, by employees will not be tolerated. The definition of employees for the purpose of this policy includes not only those who work for pay but also those who are volunteers of the school district under the direction and control of the school district. Employees found in violation of this policy will be subject to disciplinary action up to and including discharge.
The school district will respond promptly to allegations of abuse of students by school district employees by investigating or arranging for the investigation of an allegation and timely reporting to all relevant agencies as required by law. The processing of a complaint or allegation will be handled confidentially to the maximum extent possible. Employees are required to assist in the investigation when requested to provide information and to maintain the confidentiality of the reporting and investigation process.
The school district has appointed a Level I investigator and alternate Level I investigator. The school district has also arranged for a trained, experienced professional to serve as the Level II investigator. The Level I investigator and alternate will be provided training in the conducting of an investigation at the expense of the school district. The names of the investigators are listed in the student handbook published annually in the local newspaper and posted in all school facilities.
The superintendent is responsible for drafting administrative regulations to implement this policy.
Legal Reference:
Iowa Code §§ 232.67, .70, .73, .75; 235A; 256. 160; 272A; 280.17; 709; 728.12(1).
281 I.A.C. 12.3(6), 102; 103.
441 I.A.C. 155; 175.
Cross Reference:
104 Bullying/Harassment
402.2 Child Abuse Reporting
503.5 Corporal Punishment
Approved: 4-14-86
Reviewed: 7-17-24
Revised: 7-17-24
402.4 - Gifts to Employees
402.4 - Gifts to EmployeesEmployees 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 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 other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee
- Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;
- Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
- Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or
- Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions. The costs of food, drink, lodging and travel are not "registration costs" under this paragraph. Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.
- An "honorarium" is anything of value that is accepted by, or on behalf of, an employee as consideration for an appearance, speech or article. An honorarium does not include any of the following:
- Actual expenses of an employee for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
- A 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 is 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.
Cross References:
217 Gifts to Board of Directors
401.2 Employee Conflict of Interest
704.4 Gifts-Grants-Bequests
Approved: 2-13-89
Reviewed: 10-10-22
Revised: 5-10-21
402.5 - Required Professsional Development for Employees
402.5 - Required Professsional Development for EmployeesAppropriate training and professional development of all employees is crucial to the success of all students. The district will provide professional development opportunities appropriate to the duties of school employees.
For all professional development programs the district requires employees to take, the district will provide to the employee notice indicating the section of the law, or rules adopted by the state board of education or board of educational examiners that the district determines requires the employee to participate in the professional development program.
Legal Reference:
Cross Reference:
302.6 Superintendent Professional Development
303.7 Administrator Professional Development
408.1 Licensed Employee Professional Development
Approved: 08-14-23
402.6 - Employee Outside Employment
402.6 - Employee Outside EmploymentThe board believes the primary responsibility of employees is to the duties of their position within the school district as outlined in their job description. The board considers an employee's duties as part of a regular, full-time position as full-time employment.
The board expects such employees to give the responsibilities of their positions in the school district precedence over any other employment.
It is the responsibility of the superintendent to counsel employees, whether full-time or part-time, if, in the judgment of the superintendent and the employee's immediate supervisor, the employee's outside employment interferes with the performance of the employee's duties required in the employee's position within the school district.
The board may request the employee to cease the outside employment as a condition of continued employment with the school district.
Legal Reference:
Iowa Code §§ 20.7; 279.8.
Cross Reference:
401.2 Employee Conflict of Interest
408.3 Licensed Employee Tutoring
Approved: 11-12-00
Reviewed: 10-10-22
Revised: 5-10-21
403 - Employees' Health and Well-Being
403 - Employees' Health and Well-Being dawn.gibson.cm… Wed, 06/23/2021 - 07:20403.1 - Employee Physical Examinations
403.1 - Employee Physical ExaminationsThe Forest City School District believes good health is important to job performance. School bus drivers will present evidence of good health upon initial hire and every other year in the form of a physical examination report, unless otherwise required by law or medical opinion.
The cost of the initial examination will be paid by the school district. The form indicating the employee is able to perform the duties, with or without reasonable accommodation, for which the employee was hired, must be returned prior to the performance of duties. The cost of bus driver renewal physicals will be paid by the school district. The school district will provide the standard examination form to be completed by the personal physician of the employee or a certified medical examiner for bus drivers.
Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations to the extent job-related and consistent with business necessity, when requested to do so, at the expense of the school district.
The district will comply with occupational safety and health requirements as applicable to its employees in accordance with law.
Legal Reference:
29 C.F.R. § 1910.1030.
49 C.F.R. §§ 391.41 - 391.49.
Iowa Code §§ 20; 279.8; 321.376.
281 I.A.C. 43.15; 43.17.
Cross Reference:
403.3 Communicable Diseases - Employees
403.3R1 Communicable Diseases - Employees Regulation
403.3E1 Communicable Diseases - Employees- Hepatitis B Vaccine Information and Record
Approved: 4-14-86
Reviewed: 11-14-22
Revised: 11-14-22
403.2 - Employee Injury on the Job
403.2 - Employee Injury on the JobWhen an employee becomes seriously injured on the job, the employee's supervisor will attempt to notify a member of the family, or an individual of close relationship, as soon as the employee's supervisor becomes aware of the injury.
If possible, an employee may administer emergency or minor first aid. An injured employee will be turned over to the care of the employee's family or qualified medical employees as quickly as possible. The school district is not responsible for medical treatment of an injured employee.
It is the responsibility of the employee injured on the job to inform the superintendent within twenty-four hours of the occurrence. It is the responsibility of the employee's immediate supervisor to file an accident report within twenty-four hours after the employee reported the injury.
It is the responsibility of the board secretary to file worker's comp claims.
Legal Reference:
Iowa Code §§ 85; 279.40; 613.17.
Cross Reference:
403 Employees' Health and Well-Being
409.2 Licensed Employee Personal Illness Leave
414.2 Classified Employee Personal Illness Leave
Approved: _6-14-21
Reviewed: 11-14-22
Revised: _____
403.3 - Communicable Diseases - Employees
403.3 - Communicable Diseases - EmployeesEmployees with a communicable disease will be allowed to perform their customary employment duties provided they are able to perform the essential functions of their position and their presence does not create a substantial risk of illness or transmission to students or other employees. The term "communicable disease" will mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.
Prevention and control of communicable diseases is included in the school district's bloodborne pathogens exposure control plan. The procedures will include scope and application, definitions, exposure control, methods of compliance, universal precautions, vaccination, post-exposure evaluation, follow-up, communication of hazards to employees and record keeping. This plan is reviewed annually by the superintendent and school nurse.
The health risk to immunodepressed employees is determined by their personal physician. The health risk to others in the school district environment from the presence of an employee with a communicable disease is determined on a case-by-case basis by the employee's personal physician, a physician chosen by the school district or public health officials.
Health data of an employee is confidential and it will not be disclosed to third parties. Employee medical records are kept in a file separate from their personal file.
If exposure of contraction of the communicable disease is proven via contact tracing by qualified district personnel to have occurred as a direct result of an employee's work duties and the employee is unable to work due to being ill or in required quarantine, administrative paid leave will be used rather than personal illness leave.
It is the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with employees with a communicable disease.
Legal Reference:
29 U.S.C. §§ 794, 1910.
42 U.S.C. §§ 12101 et seq.
45 C.F.R. Pt. 84.3.
Iowa Code chs. 139A; 141A.
641 I.A.C. .1, .2, .7.
Cross Reference:
401.5 Employee Records
403.1 Employee Physical Examinations
507.3 Communicable Diseases - Students
907 District Operations During Public Emergencies
907.R1 District Operations During Public Emergencies Regulation
Approved: 4-10-89
Reviewed: 11-14-22
Revised: 11-14-22
403.3E1 - Hepatitis B Vaccine Information and Record
403.3E1 - Hepatitis B Vaccine Information and RecordSee attached form
403.3R1 - Communicable Diseases - Employees
403.3R1 - Communicable Diseases - EmployeesUniversal precautions (UP) are intended to prevent transmission of infection, as well as decrease the risk of exposure for employees and students. It is not currently possible to identify all infected individuals, thus precautions must be used with every individual. UP pertain to blood and other potentially infectious materials (OPIM) containing blood. These precautions do not apply to other body fluids and wastes (OBFW) such as saliva, sputum, feces, tears, nasal secretions, vomitus and urine unless blood is visible in the material. However, these OBFW can be sources of other infections and should be handled as if they are infectious. The single most important step in preventing exposure to and transmission of any infection is anticipating potential contact with infectious materials in routine as well as emergency situations. Based on the type of possible contact, employees and students should be prepared to use the appropriate precautions prior to the contact. Diligent and proper hand washing, the use of barriers, appropriate disposal of waste products and needles, and proper decontamination of spills are essential techniques of infection control. All individuals should respond to situations practicing UP followed by the activation of the school response team plan. Using common sense in the application of these measures will enhance protection of employees and students.
Hand Washing
Proper hand washing is crucial to preventing the spread of infection. Textured jewelry on the hands or wrists should be removed prior to washing and kept off until completion of the procedure and the hands are rewashed. Use of running water, lathering with soap and using friction to clean all hand surfaces is key. Rinse well with running water and dry hands with paper towels.
- Hands should be washed before physical contact with individuals and after contact is completed.
- Hands should be washed after contact with any used equipment.
- If hands (or other skin) come into contact with blood or body fluids, hands should be washed immediately before touching anything else.
- Hands should be washed whether gloves are worn or not and, if gloves are worn, after the gloves are removed.
Barriers
Barriers anticipated to be used at school include disposable gloves, absorbent materials and resuscitation devices. Their use is intended to reduce the risk of contact with blood and body fluids as well as to control the spread of infectious agents from individual to individual. Gloves should be worn when in contact with blood, OPIM or OBFW. Gloves should be removed without touching the outside and disposed of after each use.
Disposal of Waste
Blood, OPIM, OBFW, used gloves, barriers and absorbent materials should be placed in a plastic bag and disposed of in the usual procedure. When the blood or OPIM is liquid, semi-liquid or caked with dried blood, it is not absorbed in materials, and is capable of releasing the substance if compressed, special disposal as regulated waste is required. A band-aid, towel, sanitary napkin or other absorbed waste that does not have the potential of releasing the waste if compressed would not be considered regulated waste. It is anticipated schools would only have regulated waste in the case of a severe incident. Needles, syringes and other sharp disposable objects should be placed in special puncture-proof containers and disposed of as regulated waste. Bodily wastes such as urine, vomitus or feces should be disposed of in the sanitary sewer system.
Clean up
Spills of blood and OPIM should be cleaned up immediately. The employee should:
- Wear gloves.
- Clean up the spill with paper towels or other absorbent material.
- Use a solution of one part household bleach to one hundred parts of water (1:100) or other EPA-approved disinfectant and use it to wash the area well.
- Dispose of gloves, soiled towels and other waste in a plastic bag.
- Clean and disinfect reusable supplies and equipment.
Laundry
Laundry with blood or OPIM should be handled as little as possible with a minimum of agitation. It should be bagged at the location. If it has the potential of releasing the substance when compacted, regulated waste guidelines should be followed. Employees who have contact with this laundry should wear protective barriers.
Exposure
An exposure to blood or OPIM through contact with broken skin, mucous membrane or by needle or sharp stick requires immediate washing, reporting and follow-up.
- Always wash the exposed area immediately with soap and water.
- If a mucous membrane splash (eye or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly.
- If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.
The exposure should be reported immediately, the parent or guardian is notified, and the person exposed contacts a physician for further health care.
Approved: 9-5-08
Reviewed: 11-14-22
Revised: 11-14-22
403.4 - Hazardous Chemical Disclosure
403.4 - Hazardous Chemical DisclosureThe board authorizes the development of a comprehensive hazardous chemical communication program for the school district to disseminate information about hazardous chemicals in the workplace.
Each employee will annually review information about hazardous substances in the workplace. When a new employee is hired or transferred to a new position or work site, the information and training, if necessary, is included in the employee's orientation. When an additional hazardous substance enters the workplace, information about it is distributed to all employees, and training is conducted for the appropriate employees. The superintendent will maintain a file indicating which hazardous substances are present in the workplace and when training and information sessions take place.
Employees who will be instructing or otherwise working with students will disseminate information about the hazardous chemicals with which they will be working as part of the instructional program.
It is the responsibility of the superintendent to develop administrative regulations regarding this program.
Legal Reference:
29 C.F.R. Pt. 1910; 1200 et seq.
Iowa Code chs. 88; 89B.
Cross Reference:
403 Employees' Health and Well-Being
804.4 Asbestos Containing Material
Approved: 6-14-21
Reviewed: 11-14-22
Revised: 11-14-22
403.5 - Substance-Free Workplace
403.5 - Substance-Free WorkplaceThe board expects the school district and its employees to remain substance free. No employee will unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of, in the workplace, any narcotic drug, hallucinogenic drug, amphetamine, 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 vehicle. A "workplace" also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.
If an employee is convicted of a violation of any criminal drug offense committed in the workplace, the employee will notify the employee's supervisor of the conviction within five days of the conviction.
The superintendent will make the determination whether to require the employee to undergo substance abuse treatment or to discipline the employee. An employee who violates the terms of this policy may be subject to discipline up to and including termination. An employee who violates this policy may be required to successfully participate in a substance abuse treatment program approved by the board. If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination.
The superintendent is responsible for publication and dissemination of this policy to each employee. In addition, the superintendent will oversee the establishment of a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment programs.
It is the responsibility of the superintendent to develop administrative regulations to implement this policy.
Legal Reference:
41 U.S.C. §§ 81.
42 U.S.C. §§ 12101 et seq.
34 C.F.R. Pt. 85.
Iowa Code §§ 123.46; 124; 279.8.
Cross Reference:
403.06 Drug and Alcohol Testing Program
403.06-E1 Drug and Alcohol Testing Program - Notice to Employees
403.6FC Drug and Alcohol Testing Program for Employees Not Requested to Possess a CDL
404 Employee Conduct and Appearance
404-R1 Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation
404-R2 Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation
Approved: 6-14-82
Reviewed: 12-12-22
Revised: 12-12-22
403.5E1 - Substance-Free Workplace Notice to Employees
403.5E1 - Substance-Free Workplace Notice to EmployeesEMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace policy for an employee to 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 alcohol, as defined in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 and Iowa Code Chapter 124.
"Workplace" is defined as the site for the performance of work done in the capacity as an employee. This includes school district facilities, other school 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.
Employees who violate the terms of the Substance-Free Workplace policy may be required to successfully participate in a substance abuse treatment program approved by the board. The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace policy. If the employee fails to successfully participate in such a program the employee is subject to discipline up to and including termination.
EMPLOYEES ARE FURTHER NOTIFIED it is a condition of their continued employment that they comply with the above policy of the school district and will notify their supervisor of their conviction of any criminal drug statute for a violation committed in the workplace, no later than five days after the conviction.
****************************************************************************************************
SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM
I, ____________________________________ , have read and understand the Substance-Free Workplace policy. I understand that if I violate the Substance-Free Workplace policy, I may be subject to discipline up to and including termination [ or I may be required to participate in a substance abuse treatment program ]. If I fail to successfully participate in a substance abuse treatment program, I understand I may be subject to discipline up to and including termination. I understand that if I am required to participate in a substance abuse treatment program and I refuse to participate, I may be subject to discipline up to and including termination. I also understand that if I am convicted of a criminal drug offense committed in the workplace, I must report that conviction to my supervisor within five days of the conviction.
______________________________________ _______________________
(Signature of Employee) (Date)
403.5R1 - Substance-Free Workplace Regulation
403.5R1 - Substance-Free Workplace RegulationA superintendent who suspects an employee has a substance abuse problem will follow these procedures:
1. Identification - the superintendent will document the evidence the superintendent has which leads the superintendent to conclude the employee has violated the Substance-Free Workplace policy. After the superintendent has determined there has been a violation of the Substance-Free Workplace policy, the superintendent will discuss the problem with the employee.
2. Discipline - if, after the discussion with the employee, the superintendent determines there has been a violation of the Substance-Free Workplace policy, the superintendent may recommend discipline up to and including termination [ or may recommend the employee seek substance abuse treatment ]. Participation in a substance abuse treatment program is voluntary.
3. Failure to participate in referral - if the employee refuses to participate in a substance abuse treatment program or if the employee does not successfully complete a substance abuse treatment program, the employee may be subject to discipline up to and including termination.
4. Conviction - if an employee is convicted of a criminal drug offense committed in the workplace, the employee must notify the employer of the conviction within five days of the conviction.
Legal Reference:
41 U.S.C. §§ 81.
42 U.S.C. §§ 12101 et seq.
34 C.F.R. Pt. 85.
Iowa Code §§ 123.46; 124; 279.8.
403.06 Drug and Alcohol Testing Program
403.06-E1 Drug and Alcohol Testing Program - Notice to Employees
403.6FC Drug and Alcohol Testing Program for Employees Not Requested to Possess a CDL
404 Employee Conduct and Appearance
404-R1 Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation
404-R2 Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation
Approved: 9-19-89
Reviewed: 12-12-22
Revised: 12-12-22
403.6 - Drug and Alcohol Testing Program
403.6 - Drug and Alcohol Testing ProgramEmployees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand one pounds or more. For purposes of the drug and alcohol testing program, the term "employees" includes applicants who have been offered a position to operate a school vehicle.
The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing. Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol. Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations. Employees with questions about the drug and alcohol testing program may contact the school district contact person, the Transportation Director at the Bus Barn.
Employees who violate the terms of this policy are subject to discipline, up to and, including termination. The district is required to keep a record of all drug or alcohol violations by employees for a minimum of five years. Employees are put on notice that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse. Additionally, the district will conduct FMCSA Clearinghouse queries for employees annually. Employees must provide written consent for the district to conduct FMCSA Clearinghouse queries; however, employees who choose to withhold consent will be prohibited from performing any safety sensitive functions
It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law. The superintendent will inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment.
The superintendent will also be responsible for publication and dissemination of this policy and supporting administrative regulations and forms to employees operating school vehicles. The superintendent will also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.
IASB Drug and Alcohol Testing Program (IDATP) Web site:
https://www.ia-sb.org/Main/Affiliated_Programs/Iowa_Drug_Alcohol_Testin….
Legal Reference:
American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 Cir. (4th 1995).
49 U.S.C. §§ 5331 et seq.
42 U.S.C. §§ 12101.
41 U.S.C. §§ 81.
49 C.F.R. Pt. 40; 382; 39.
34 C.F.R. Pt. 85.
Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington, PERB No. 3876 (3-26-91).
Iowa Code §§ 124; 279.8; 321.375(2); 730.5.
Cross Reference:
403.5 Substance-Free Workplace Policies
403.05-R1 Substance-Free Workplace - Regulation
403.05-E1 Substance-Free Workplace - Notice to Employees
409.2 Employee Leaves of Absence
Approved: 12-18-95
Reviewed: 12-12-22
Revised: 12-12-22
403.6E1 - Drug and Alcohol Testing Program Notice to Employees
403.6E1 - Drug and Alcohol Testing Program Notice to EmployeesEMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE HEREBY NOTIFIED they are subject to the school district's drug and alcohol testing program for pre-employment drug testing and random, reasonable suspicion, post-accident, return-to-duty, and follow-up drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents and the law.
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, "employees" also includes applicants who have been offered a position to operate a school vehicle. The employees operating a school vehicle are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate a school vehicle and continue to be subject to the drug and alcohol testing program.
It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements. Employees with questions regarding the drug and alcohol testing requirements will contact the school district contact person.
EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or the law may be subject to discipline up to and including termination.
EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.
EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting documents and the law. It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using. Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents or the law.
403.6FC Drug and Alcohol Testing Program for Employees not Required to Possess a CDL
403.6FC Drug and Alcohol Testing Program for Employees not Required to Possess a CDLA. Statement of Policy
It is the policy of the Forest City Community School District that the following employee conduct is prohibited: (1) the use, sale, offering for sale, or possession of illegal drugs, controlled substances, imitation controlled substances, or counterfeit controlled substances, on the job, on the District’s premises, or in District vehicles; (2) any improper use of “legal” or physician-prescribed drugs on the job, on the District’s premises, or in District vehicles (whether or not the employee is “on duty”); (3) the use, sale, offering for sale, or possession of alcoholic beverages (beer, wine, or spirits) on the job, on the District’s premises, or in District vehicles, whether or not the employee is “on duty”; and (4) being under the influence of illegal drugs or controlled substances, alcohol (beer, wine, or spirits) or improperly used prescription drugs on the job, on the District’s premises, or in District vehicles, whether or not the employee is “on duty”.
B. Application
The District reserves the right to conduct alcohol and drug testing for employees that are NOT required to possess a Commercial Driver’s License (Non-DOT employees) under any of the following circumstances:
Pre-Employment Testing - When a position warrants a pre-employment drug test, testing will occur after the District makes a conditional offer of employment but prior to the prospective employee’s first day of work.
Reasonable Suspicion Testing - Where there is evidence that an employee may be impaired on the job due to the use of illegal drugs, controlled substances, prescription drugs, or alcohol.
C. Definitions
As used in this policy, the term “controlled substance” or “drug” for purposes of this policy means any substance specified in Schedule I, II, III, IV, or V of the federal Controlled Substances Act, 21 U.S.C. 801 et. seq. and published at 21 CFR 1308.11 and 21 CFR 1308.12, and any substance defined as a “controlled substance” by state law.
“Alcohol” means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol including methyl or isopropyl alcohol. The term “alcohol” includes, but is not limited to, beer, wine, liquor, spirits, other alcoholic beverages, and medicines containing alcohol.
D. Pre-Employment Testing
All employees who have been offered a contracted position (non-substitutes) will be required to pass a drug test after they have been extended a conditional offer of employment with the District.
Prospective employees who refuse to take the required drug test, who fail to cooperate in any aspect of the testing procedure, or who test positive for any of the designated drugs will be ineligible for District employment for a minimum of two years.
E. Reasonable Suspicion Testing
Any employee who is reasonably suspected of being impaired by or under the influence of a controlled substance or alcohol (that is, having a controlled substance or alcohol in the body) while “on the clock,” performing their job duties, or using District equipment, shall be either suspended from their job duties pending an investigation and verification of their condition or, if drug testing facilities are not available, ordered to immediately discontinue all work activities and leave the District’s premises. Employees who are reasonably suspected of being impaired by or under the influence of a controlled substance or alcohol will not be permitted to drive a motor vehicle after they have been suspended. If the employee has driven a motor vehicle to work, the employee must either make arrangements with another individual to drive their vehicle or must make arrangements for alternative transportation. In certain circumstances, the Police Department may be called to assist.
Employees may be subject to testing when there is reason to believe that an employee is using or has used alcohol or other drugs in violation of the District’s written policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. For purposes of this provision, facts and inferences may be based upon, but are not limited to, any of the following:
Observable indicators while at work such as direct observation of alcohol or drug use or abuse or of the physical symptoms or manifestations of being impaired due to alcohol or other drug use.
Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.
A report of alcohol or other drug use provided by a reliable and credible source.
Evidence that an individual has tampered with any drug or alcohol test during or before the individual’s work time.
Evidence that the employee has manufactured, sold, distributed, solicited, possessed, used, or transferred drugs while working or while on District’s premises or while operating the District’s vehicle, machinery, or equipment.
Reasonable suspicion testing will only be applicable during, just before, or just after the period of the day when the employee is engaged in work functions. Employees who are required to submit to reasonable suspicion testing will be suspended from their job duties pending an investigation and the report of the tests. If the test of the employee results in an alcohol concentration of less than .04 and a Medical Review Officer (MRO) verified negative test for the use of controlled substances, then the period of suspension will be with pay. If the test of the employee results in an alcohol concentration of more than .04 or a MRO-verified positive test for the use of controlled substances, then the period of suspension will be without pay.
F. Post-Injury Testing
Employees may be subject to testing if they have suffered a work-related injury for which a report could be required under Iowa Code Chapter 85. Iowa Code Section 85.16(2) provides that worker’s compensation benefits will not be allowed for an injury which was caused by the employee’s intoxication, if the intoxication was a substantial factor in causing the injury. In determining whether an employee will be required to submit to a post-injury alcohol or drug test, the District will apply the standards set forth in Part E of this policy.
The employee is permitted to obtain necessary medical attention following an accident and is permitted to leave the scene of an accident for the period necessary to obtain necessary emergency medical care. But the employee will be subject to post-injury testing and must remain readily available for testing, or the employee will be deemed to have refused to submit to testing. Tests will be administered as soon as practicable.
G. Employee Requested Testing
If a confirmed positive drug or alcohol test for a current employee is reported to the District by the medical review officer, the District shall notify the employee in writing by mail of the results of the test, the employee’s right to request and obtain a confirmatory test of the second sample collected at an approved laboratory of the employee’s choice, and the fee payable by the employee to the District for reimbursement of expenses concerning the test. The fee charged an employee shall be an amount that represents the costs associated with conducting the second confirmatory test, which shall be consistent with the District’s cost for conducting the initial confirmatory test on an employee’s sample.
If the employee, in person or by certified mail, requests a second confirmatory test, identifies an approved laboratory to conduct the test, and pays the District the fee for the test within seven days from the date the District mails the written notice to the employee of the employee’s right to request a test, a second confirmatory test shall be conducted at the laboratory chosen by the employee. The results of the second confirmatory test shall be reported to the medical review officer who reviewed the initial confirmatory test results and the medical review officer shall review the results and issue a report to the District on whether the results of the second confirmatory test confirmed the initial confirmatory test as to the presence of a specific drug or alcohol. If the results of the second test do not confirm the results of the initial confirmatory test, the District shall reimburse the employee for the fee paid by the employee for the second test and the initial confirmatory test shall not be considered a confirmed positive drug or alcohol test for purposes of taking disciplinary action.
If a confirmed positive drug or alcohol test for a prospective employee is reported to the District by the medical review officer, the District shall notify the prospective employee in writing of the results of the test, of the name and address of the medical review officer who made the report, and of the opportunity for the prospective employee to request records.
H. Confirmatory Testing
If the result of the initial test is an alcohol concentration of .04 or greater or if the result of the initial test is positive for the presence of a controlled substance, a confirmatory test must be performed. The confirmatory drug or alcohol test shall be a chromatographic technique such as gas chromatography/mass spectrometry, or another comparably reliable analytical method.
I. Cooperation Required
Any employee who refuses to submit to an alcohol or controlled substance test required by this policy (other than for a legitimate medical reason, verified independently at employee’s expense); who provides false information in connection with a test; or who attempts to falsify test results through tampering, contamination, adulteration, or substitution, will be subject to disciplinary action up to and including termination.
The phrase “refuses to submit to an alcohol or controlled substance test” means that the individual:
Fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing, or
Fails to provide adequate urine for controlled substance testing without a valid medical explanation after he or she has received notice of the requirement for urine testing, or
Engages in conduct that interferes with the testing process.
Testing shall be conducted in a manner to assure the highest degree of accuracy and reliability by using techniques and laboratory facilities which meet the requirements of the Iowa Department of Human Services.
J. Consequences for Violations
If an applicant’s required pre-employment drug test results in a Medical Review Officer (MRO)-verified positive test for the use of controlled substances or an alcohol concentration of .04 or greater, the applicant will not be eligible for employment.
Disciplinary action, including termination of employment, may be taken against existing employees for any of the following reasons:
A violation of any provision of District Policy.
If the test of the employee results in a Medical Review Officer (MRO)-verified positive test for the use of controlled substances or an alcohol concentration of .04 or greater
A failure or refusal to submit to testing required by this policy.
K. Payment for Evaluation and Treatment
The District’s responsibility for the cost of any evaluation, treatment, or counseling will be limited to the benefits provided by the District’s health insurance plan for such evaluation, treatment, or counseling.
L. Record Retention
All records created under this policy, including records of individual employee drug test results, will be retained in accordance with state and federal law. Drug test results will be maintained in a confidential file, separate from the employee’s personnel file.
Cross Reference:403.5 Substance-Free Workplace
403.06 Drug and Alcohol Testing Program
403.06-E1 Drug and Alcohol Testing Program - Notice to Employees
404 Employee Conduct and Appearance
404-R1 Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation
404-R2 Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation
409.2 Licensed Employee Personal Illness Leave
414.2 Classified Employee Personal Illness Leave
Approved: 10-11-21 Reviewed: 12-12-22 Revised: 12-12-22
404 - Employee Conduct and Appearance
404 - Employee Conduct and AppearanceEmployees are role models for the students who come in contact with them during and after school hours. The board recognizes the positive effect employees can have on students in this capacity. To this end, the board strongly suggests and encourages employees to dress themselves, groom themselves and conduct themselves in a manner appropriate to the educational environment.
Employees will conduct themselves in a professional manner. Employees will dress in attire appropriate for their position. Clothing should be neat, clean, and in good taste. Discretion and common sense call for an avoidance of extremes which would interfere with or have an effect on the educational process.
Licensed employees of the school district, including administrators, will follow the code of ethics for their profession as established by the Iowa Board of Educational Examiners.
Legal Reference:
Iowa Code § 279.8.
282 I.A.C. 25; 26
Cross Reference:
104 Anti-Bullying/Harassment Policies
305 Administrator Code Of Ethics
401.02 Employee Conflict of Interest
401.11 Employee Orientation
403.5 Substance-Free Workplace Policies
407 Licensed Employee Termination of Employment
407.04 Licensed Employee Suspension
413 Classified Employee Termination of Employment
413.03 Classified Employee Suspension
413.04 Classified Employee Dismissal
Approved: 6-14-21
Reviewed: 12-12-22
Revised: 12-12-22
404R1 - Code of Professional Conduct and Ethics Regulation
404R1 - Code of Professional Conduct and Ethics RegulationCHAPTER 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) Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract, unless the practitioner provided notice to the practitioner’s employing board as set forth in subparagraph 25.3(5)“b”(2).
(2) Abandoning a written professional employment contract without prior unconditional release by the employer.
(3) As an employer, executing a written professional employment contract with a practitioner which requires the performance of duties that the practitioner is not legally qualified to perform.
(4) As a practitioner, executing a written professional employment contract which requires the performance of duties that the practitioner is not legally qualified to perform.
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, 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 10 concerning child support obligations.
c. 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.
Cross References:
104 Anti-bullying/Harassment Policies
305 Administrator Code Of Ethics
401.02 Employee Conflict of Interest
401.11 Employee Orientation
403.5 Substance-Free Workplace Policies
407 Licensed Employee Termination of Employment
407.04 Licensed Employee Suspension
413 Classified Employee Termination of Employment
413.03 Classified Employee Suspension
413.04 Classified Employee Dismissal
Approved: 6-14-21
Reviewed: 12-12-22
Revised: 12-12-22
404R2 - Code of Rights and Responsibilities Regulation
404R2 - Code of Rights and Responsibilities RegulationCHAPTER 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 wellbeing 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.
Cross Reference:
104 Anti-bullying/Harassment Policies
305 Administrator Code Of Ethics
401.02 Employee Conflict of Interest
401.11 Employee Orientation
403.5 Substance-Free Workplace Policies
407 Licensed Employee Termination of Employment
407.04 Licensed Employee Suspension
413 Classified Employee Termination of Employment
413.03 Classified Employee Suspension
413.04 Classified Employee Dismissal
Approved: 6-14-21
Reviewed: 12-12-22
Revised: 12-12-22
405 - Licensed Employees - General
405 - Licensed Employees - General dawn.gibson.cm… Wed, 06/23/2021 - 07:18405.1 - Licensed Employee Defined
405.1 - Licensed Employee DefinedLicensed 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 Iowa Board of Educational Examiners or others with professional licenses. Licenses required for a position will be considered met if the employee meets the requirements established by the Iowa Department of Education.
It is the responsibility of the superintendent to establish job specifications and job descriptions for licensed employees' positions, other than the position of the superintendent. Job descriptions may be approved by the board.
Licensed employees must present evidence of current license to the board secretary prior to payment of salary each year.
Legal Reference:
Clay v. Independent School District of Cedar Falls, 187 Iowa 89, 174 N.W. 47 (1919).
Iowa Code §§ 256.7(3); 272; 279.8.
281 I.A.C. 12.4.
282 I.A.C. 14.
Cross Reference:
405.2 Licensed Employee Qualifications, Recruitment Selection
406.5 Licensed Employees Group Insurance Benefits
410.1 Substitute Teachers
411.1 Classified Employee Defined
Approved: 6-14-21
Reviewed: 1-9-23
Revised: 1-9-23
405.2 - Licensed Employee Qualifications, Recruitment, Selection
405.2 - Licensed Employee Qualifications, Recruitment, SelectionPersons 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 in accordance with applicable laws and school district policies regarding equal employment. Job applicants for licensed positions will be considered on the basis of the following:
- Training, experience, and skill;
- Nature of the occupation;
- Demonstrated competence; and
- Possession of, or ability to obtain, state license if required for the position.
All job openings shall be submitted to the Iowa Workforce Development for posting on IowaWORKS.gov, the online state job posting system. Additional announcements of the position may occur in a manner which the superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired.
The board will employ licensed employees after receiving a recommendation from the superintendent. 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.
Legal Reference:
29 U.S.C. §§ 621-634
42 U.S.C. §§ 2000e, 12101 et seq.
Iowa Code §§ 20; 35C; 84A.6(4)(b); 216; 279.13.
281 I.A.C. 12.
282 I.A.C. 14.
Cross Reference:
401.1 Equal Employment Opportunity
401.3 Nepotism
401.6 Limitations to Employment References
405.1 Licensed Employees Defined
405.3 Licensed Employees Individual Contracts
405.7 Licensed Employee Transfers
405.8 Licensed Employee Evaluation
410.1 Substitute Teachers
Approved: 4-14-86
Reviewed: 5-13-24
Revised: 5-13-24
405.3 - Licensed Employee Individual Contracts
405.3 - Licensed Employee Individual ContractsThe board will enter into a written contract with licensed employees, other than administrators, employed on a regular basis. Each contract will be for a period of one year.
It is the responsibility of the superintendent to complete the contracts for licensed employees and present them to the board for approval. The contracts, after being signed by the board president, are returned to the superintendent. The superintendent will obtain the employee's signature. After being signed, the contract is filed with the board secretary.
The superintendent however will have the authority to sign individual contracts to a licensed employee on a temporary basis until the contract can be approved and signed by the Board President.
Legal Reference:
Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).
Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 467 (1927).
Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).
Iowa Code chs. 20; 279.
Cross Reference:
405.2 Licensed Employee Qualifications, Recruitment, Selection
405.4 Licensed Employee Continuing Contracts
407.1 Licensed Employee Resignation
407.2 Licensed Employee Contract Release
Approved: 4-10-89
Reviewed: 1-9-23
Revised: 1-9-23
405.4 - Licensed Employee Continuing Contracts
405.4 - Licensed Employee Continuing ContractsContracts entered into with licensed employees, other than an administrator, will continue from year to year except as modified or terminated as provided by law. The board may issue temporary and nonrenewable contracts in accordance with law.
Licensed employees whose contracts will be recommended for termination by the board will receive due process as required by law. The superintendent will make a recommendation to the board for the termination of the licensed employee's contract.
Licensed employees who wish to resign, to be released from a contract, or to retire must comply with applicable law and board policies.
Legal Reference:
Ar-We-Va Community School District v. Long and Henkenius, 292 N.W.2d 402 (Iowa 1980).
Bruton v. Ames Community School District, 291 N.W.2d 351 (Iowa 1980).
Hartman v. Merged Area VI Community College, 270 N.W.2d 822 (Iowa 1978).
Keith v. Community School District of Wilton in the Counties of Cedar and Muscatine, 262 N.W.2d 249 (Iowa 1978).
Iowa Code §§ 272; 279.
Cross Reference:
405.3 Licensed Employee Individual Contracts
405.9 Licensed Employee Probationary Status
407.1 Licensed Employee Resignation
407.2 Licensed Employee Contract Release
Approved: 6-14-21
Reviewed: 1-9-23
Revised: 1-9-23
405.5 - Licensed Employee Work Day
405.5 - Licensed Employee Work DayThe work day for licensed employees will begin each day of the school year at a time established by the superintendent. Licensed employees who are employed only during the academic year will have the same work day as other licensed employees. "Day" is defined as one work day regardless of full-time or part-time status of an employee.
Licensed employees are to be in their assigned school building during the work day. Advance approval to be absent from the school building must be obtained from the principal whenever the licensed employees must leave the school building during the work day.
The building principal is authorized to make changes in the work day in order to facilitate the education program. These changes are reported to the superintendent.
The work day outlined in this policy is a minimum work day. Nothing in this policy prohibits licensed employees from working additional hours outside the work day.
Legal Reference:
Iowa Code §§ 20; 279.8.
Cross Reference:
200.2 Powers of the Board of Directors
Approved: 4-10-89
Reviewed: 1-9-23
Revised: 5-10-21
405.6 - Licensed Employee Assignment
405.6 - Licensed Employee AssignmentDetermining the assignment of each licensed employee is the responsibility of and within the sole discretion of the board. In making such assignments the board will consider the qualifications of each licensed employee and the needs of the school district.
It is the responsibility of the superintendent to make recommendations to the board regarding the assignment of licensed employees.
Legal Reference:
Iowa Code §§ 279.8
Cross Reference:
200.2 Powers of the Board of Directors
405.7 Licensed Employee Transfers
Approved: 6-14-21
Reviewed: 1-9-23
Revised: 1-9-23
405.7 - Licensed Employee Transfers
405.7 - Licensed Employee TransfersDetermining the location where an employee's assignment will be carried out is the responsibility and within the sole discretion of the board. In making such assignments the board will consider the qualifications of each licensed employee and the needs of the school district.
A transfer may be initiated by the employee, the principal, or the superintendent.
It is the responsibility of the superintendent to make recommendations to the board regarding the transfer of licensed employees.
Legal Reference:
Iowa Code §§ 216.14; 279.8.
Cross Reference:
405.2 Licensed Employee Qualifications, Recruitment, Selection
405.6 Licensed Employee Assignment
Approved: 4-14-86
Reviewed: 1-9-23
Revised: 5-10-21
405.8 - Licensed Employee Evaluation
405.8 - Licensed Employee EvaluationEvaluation of licensed employees on their skills, abilities, and competence is an ongoing process supervised by the building principals and conducted by approved evaluators. The goal of the formal evaluation of licensed employees, other than administrators, but including extracurricular employees, is to improve the education program, to maintain licensed employees who meet or exceed the board's standards of performance, to clarify the licensed employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.
The formal evaluation criteria is in writing and approved by the board. The formal evaluation will provide an opportunity for the evaluator and the licensed employee to discuss performance and the future areas of growth. The formal evaluation is completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file. This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence.
Licensed employees will be required to:
- Demonstrate the ability to enhance academic performance and support for and implementation of the school district's student achievement goals.
- Demonstrate competency in content knowledge appropriate to the teaching position.
- Demonstrate competency in planning and preparation for instruction.
- Use strategies to deliver instruction that meets the multiple learning needs of students.
- Use a variety of methods to monitor student learning.
- Demonstrate competence in classroom management.
- Engage in professional growth.
- Fulfill professional responsibilities established by the school district.
It is the responsibility of the superintendent to ensure licensed employees are evaluated. New and probationary licensed employees are evaluated at least twice each year.
Legal Reference:
Iowa Code §§ 20.9; 279, 284, 294.
Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).
Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).
281 I.A.C. 83; 12.3
Cross Reference:
405.2 Licensed Employee Qualifications, Recruitment, Selection
405.9 Licensed Employee Probationary Status
Approved: 6-14-21
Reviewed: 1-9-23
Revised: _____
405.9 - Licensed Employee Probationary Status
405.9 - Licensed Employee Probationary StatusThe first three consecutive years of a licensed employee's contract is a probationary period unless the employee has already successfully completed the probationary period in an Iowa school district. New employees who have successfully completed a probationary period in a previous Iowa school district will serve a two year probationary period. For purposes of this policy, an employee will have met the requirements for successfully completing a probationary period in another Iowa school district if, at the teacher's most recent performance evaluation, the teacher received at least a satisfactory or better evaluation and the individual has not engaged in conduct which would disqualify the teacher for a continuing contract.
Only the board, in its discretion, may waive the probationary period. The board may extend the probationary period for one additional year with the consent of the licensed employee. The board will make the decision to extend or waive a licensed employee's probationary status based upon the superintendent's recommendation. During this probationary period the board may terminate the licensed employee's contract at the end of the year without cause or immediately discharge the employee consistent with applicable law and board policies.
Legal Reference:
Iowa Code § 279.
Cross Reference:
405.4 Licensed Employee Continuing Contracts
405.8 Licensed Employee Evaluation
Approved: 4-14-86
Reviewed: 1-9-23
Revised: 5-10-21
406 - Licensed Employee Compensation and Benefits
406 - Licensed Employee Compensation and Benefits dawn.gibson.cm… Wed, 06/23/2021 - 06:32406.1 - Licensed Employee Compensation
406.1 - Licensed Employee CompensationThe board will establish compensation for licensed employees' positions keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other factors deemed relevant by the board.
It is the responsibility of the superintendent to make a recommendation to the board annually regarding licensed employee compensation. The base wages of licensed employees are subject to review and modification through the collective bargaining process.
Legal Reference:
Iowa Code §§ 20.1, .4, .7, .9; 279.8.
Cross Reference:
406.2 Licensed Employee Compensation Advancement
Approved: 6-14-21
Reviewed: 2-8-23
Revised: _____
406.2 - Licensed Employee Compensation Advancement
406.2 - Licensed Employee Compensation AdvancementThe board will determine if licensed employees will advance in compensation for their licensed employees' positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.
It is the responsibility of the superintendent to make a recommendation to the board for the advancement of licensed employees.
Legal Reference:
Iowa Code §§ 20.1, .4, .7, .9; 279.8.
Cross Reference:
406.1 Licensed Employee Compensation
Approved: 4-14-86
Reviewed: 2-8-23
Revised: 2-8-23
406.3 - Licensed Employee Continued Education Credit
406.3 - Licensed Employee Continued Education CreditContinued 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 the superintendent by
January 1 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.
Legal Reference:
Iowa Code §§ 20.1, .4, .7, .9; 279.8.
Approved: 3-11-18
Reviewed: 2-8-23
Revised: 5-10-21
406.4 - Licensed Employee Compensation for Extra Duty
406.4 - Licensed Employee Compensation for Extra DutyA licensed employee may volunteer or be required to take on extra duty, with the extra duty being secondary to the major responsibility of the licensed employee. The board may, in its sole discretion, establish compensation for extra duty licensed employee positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.
Vacant extra duty positions, for which extra compensation will be earned, will be posted to allow qualified licensed employees to volunteer for the extra duty. If no licensed employee volunteers for extra duty, the superintendent will assign the extra duty positions to qualified licensed employees. The licensed employee will receive compensation for the extra duty required to be performed.
It is the responsibility of the superintendent to make a recommendation to the board annually as to which licensed employees will have the extra duty, and the compensation for extra duty, for the board's review.
Legal Reference:
Iowa Code §§ 279.8, .13-.15, .19A-B.
Approved: 6-24-75
Reviewed: 7-17-24
Revised: 5-10-21
406.5 - Licensed Employee Group Insurance Benefits
406.5 - Licensed Employee Group Insurance BenefitsLicensed employees may be eligible for group benefits as determined by the board and required by law. The board will select the group benefit program(s) and the insurance company or third party administrator which will provide or administer the program.
In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, with minimum essential coverage that is both affordable and provides minimum value. The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees.
Licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan. Licensed employees who work at least 30 hours per week are eligible to participate in Dental insurance, Long Term Disability insurance, Vision insurance and the employer’s flexible benefit plan. Employers should maintain documents regarding eligible employees' acceptance and rejection of coverage.
Regular part-time employees (i.e., employees who work less than 30 hours per week or 130 hours per month for health benefit purposes or employees who work less than 30 hours per week for benefits other than health) who wish to purchase coverage may participate in group benefit programs by meeting the requirements of the applicable plan. Full-time and regular part-time licensed employees who wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.
Licensed employees and their spouse and dependents may be allowed to continue coverage of the school district's group health program if they cease employment with the school district by meeting the requirements of the plan.
Legal Reference:
Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B.
Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).
Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).
Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014).
Cross Reference:
405.1 Licensed Employee Defined
706.2 Payroll Deductions
Approved: 5-13-74
Reviewed: 2-8-23
Revised: 2-8-23
406.6 - Licensed Employee Tax Shelter Programs
406.6 - Licensed Employee Tax Shelter ProgramsEmployees may elect to have amounts withheld from their pay for items authorized by law, subject to agreement of the district. The board may authorize the administration to make a payroll deduction for licensed employees' tax-sheltered annuity premiums purchased from a company or program if chosen by the board.
Licensed employees wishing to have payroll deductions for tax sheltered annuities will make a written request to the superintendent. Requests for purchase or change of tax-sheltered annuities may be made as needed to the Business Manager.
Legal Reference:
Iowa Code §§ 260C; 273; 294.16.
Cross Reference:
706.2 Payroll Deductions
Approved: 4-14-86
Reviewed: 2-8-23
Revised: 5-10-21
407 - Licensed Employee Termination of Employment
407 - Licensed Employee Termination of Employment dawn.gibson.cm… Tue, 06/22/2021 - 21:59407.1 - Licensed Employee Resignation
407.1 - Licensed Employee ResignationA licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the board for return of the contract. This applies to regular contracts for the licensed employee's regular duties and for an extracurricular contract for extra duty. Resignations of this nature will be accepted by the board.
The board may require an individual who has resigned from an extracurricular contract to accept the resigned position for only the subsequent school year when the board has made a good faith effort to find a replacement and the licensed employee is continuing to be employed by the school district.
Legal Reference:
Iowa Code §§ 91A.2, .3, .5; 279.13, .19A.
Cross Reference:
405.3 Licensed Employee Individual Contracts
405.4 Licensed Employee Continuing Contracts
Approved: 4-10-89
Reviewed: 3-13-23
Revised: 3-13-23
407.1R1FC - Licensed Employee Early Resignation Incentive
407.1R1FC - Licensed Employee Early Resignation IncentiveThe Forest City Community School District will pay licensed employees a stipend from $200 to $2,500 for the submission of an early resignation letter. The stipend will not be offered for supplemental contracts. The stipend will decrease as the year progresses. Resignations must be turned into the superintendent by the last day of the month. If the last day of the month falls on a weekend, then the resignation must be turned into the superintendent by the last Friday of the month prior to the weekend. Stipends will be included in the employee’s final paycheck.
This stipend is not to be used in conjunction with an early retirement package incentive.
Early stipend amounts will be as follows:
- December or before: $2,500
- January: $1,000
- February: $600
- March: $200
Cross Reference:
407.1 Licensed Employee Resignation
405.3 Licensed Employee Individual Contracts
405.4 Licensed Employee Continuing Contracts
407 Licensed Employee Termination of Employment
Approved: 11-8-07
Reviewed: 11-11-24
Revised:11-11-24
407.2 - Licensed Employee Contract Release
407.2 - Licensed Employee Contract ReleaseLicensed employees who wish to be released from an executed contract must give at least twenty-one days notice to the superintendent. Licensed employees may be released at the discretion of the board. Only in unusual and extreme circumstances will the board release a licensed employee from a contract. The board will have sole discretion to determine what constitutes unusual and extreme circumstances.
Release from a contract will be contingent upon finding a suitable replacement. Licensed employees requesting release from a contract after it has been signed and before it expires may be required to pay the board the cost of advertising or other reasonable administrative costs incurred to locate and hire a suitable replacement. Upon written mutual agreement between the employee and the superintendent, and to the extent of the law, the costs may be deducted from the employee's salary. Payment of these costs is a condition for release from the contract at the discretion of the board. Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.
The superintendent is required to file a complaint with the Iowa Board of Educational Examiners against a licensed employee who leaves without proper release from the board.
Legal Reference:
Iowa Code §§ 91A(1);216; 272; 279.13, .19A, .46.
Cross Reference:
405.3 Licensed Employee Individual Contracts
405.4 Licensed Employee Continuing Contracts
407.3 Licensed Employee Retirement
Approved: 6-14-21
Reviewed: 5-8-23
Revised: 5-8-23
407.3 - Licensed Employee Retirement
407.3 - Licensed Employee RetirementLicensed 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 when the licensed employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board, the intent of the employee to retire. The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent.
Applications made after the date set by the board for the return of the employee's contract to the board may be considered by the board if special circumstances exist. It is within the discretion of the board to determine whether special circumstances exist.
Board action to approve a licensed employee's application for retirement is final and such action constitutes nonrenewal of the employee's contract for the next school year.
Licensed employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.
Licensed employees and their spouse and dependents are allowed to continue coverage in the school district's group health insurance program at their own expense by meeting the requirements of the insurer.
Legal Reference:
Iowa Code §§ 97B; 216; 279.46.
281 I.A.C. 21.
Cross Reference:
407.2 Licensed Employee Contract Release
407.6 Licensed Employee Early Retirement
Approved: 6-14-21
Reviewed: 3-13-23
Revised: _____
407.4 - Licensed Employee Suspension
407.4 - Licensed Employee SuspensionLicensed employees will perform their assigned job, respect and follow board policy and obey the law. The superintendent is authorized to suspend a licensed employee pending board action on a discharge, for investigation of charges against the employee, and for disciplinary purposes. It is within the discretion of the superintendent to suspend a licensed employee with or without pay.
In the event of a suspension, appropriate due process will be followed.
Legal Reference:
Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765, 769 (Iowa 1987).
McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).
Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27.
Cross Reference:
404 Employee Conduct and Appearance Series
407 Licensed Employee Termination of Employment
Approved: 4-10-89
Reviewed: 3-13-23
Revised: 3-13-23
407.5 - Licensed Employee Reduction in Force
407.5 - Licensed Employee Reduction in ForceThe board has the exclusive authority to determine the appropriate number of licensed employees. A reduction of licensed employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, and other reasons deemed relevant by the board.
The reduction in licensed employees, other than administrators, will be done through normal attrition if possible. If normal attrition does not meet the necessary reduction in force required, the board may terminate licensed employees.
It is the responsibility of the superintendent to make a recommendation for termination to the board.
Legal Reference:
Iowa Code §§ 20; 279
Cross Reference:
407.4 Licensed Employee Suspension
413.5 Classified Employee Reduction in Force
Approved: 6-14-21
Reviewed: 03-13-23
Revised: 03-13-23
407.5R1FC - Licensed Employee Reduction in Force
407.5R1FC - Licensed Employee Reduction in ForceA. Coverage
All employees are covered, including employees on extended leave of absence.
B. Definition
- K-4 Classroom Teachers
- 5-8 Subject Matter Teachers
- 9-12 Subject Matter Teachers
- Art (K-12)
- Instrumental Music (K-12)
- Vocal Music (K-12)
- Physical Education (K-12)
- Talented & Gifted (K-12)
- Title I (K-4), (5-8), (9-12)
- Guidance (K-4, (5-8), (9-12)
- Special Education By Certification
- Study skills teacher (K-12)
- Alternative H.S. teacher (9-12)
- Media Service (K-12)
- Technology Director (K-12)
Employees shall be classified based upon their assignment during the school year in which staff reduction procedures are commenced. An employee with an assignment in more than one of the categories listed above in this section shall be classified in the category in which he/she has the greatest number of periods of assignment. If the number of periods of an employee's assignment are equal, then the employee shall be classified in the category in which he/she has the greatest length of service
C. Layoff procedures
When the Board determines that employees should be laid off, the following procedure will determine the order in which employees shall be laid off:
- The Board shall first attempt to make all staff reductions through attrition. Attrition shall only be deemed to have occurred where the Board has received resignations in the classification in which reduction is sought prior to the issuance by the Superintendent of Notice of Intent to Terminate Contract.
- Unless the employees are needed to maintain an existing program, employees with emergency and/or temporary certification will be laid off first.
- Unless the employees are needed to maintain an existing program, probationary employees will be laid off next. If there is more than one probationary employee in the affected job classification, the probationary employees will be laid off based upon seniority.
- If the staff reduction cannot be fully accomplished following the layoff of employees as provided in (C) (1) through (3), then the employee(s) in the job classification with the least seniority shall be laid off.
- An employee who has initially been identified for layoff as provided in (C) (4) shall have the right to displace the least senior employee in another job classification, provided the initially-identified employee has previously taught in that classification in the School District or has successfully completed (Grade of C or better) six graduate hours of credit in the subject matter of that classification within the last five (5) years.
D. Recall Procedures
Any employee who is laid off or who resigns upon request for reasons of staff reduction will be recalled if there is a vacancy in his or her curricular and subject area and level as contained in Section B of this Article. Vacant positions shall be offered to employees who are on recall before the positions are posted for transfer.
Employees shall have recall rights for a period of three (3) years from the last day of school year during which they were laid off or resigned. Employees shall provide written notice by certified mail to the Superintendent if they wish to be recalled. Such notice must be postmarked within fifteen (15) calendar days following the date of the employee's letter of resignation or the date of the employee's notice of termination of contract.
Notice of recall will be give by certified mail to the last address given to the Board by the employee. An employee must respond by certified mail postmarked within ten (10) calendar days after receipt of the notice of recall or the employee will be considered to have refused the offer of recall. The order of recall will be as follows: first, employees who resigned will be recalled in order of their resignation, and, second, employees who were laid off will be recalled in order of their termination.
E. Benefits
Any employee who is recalled shall be placed on the salary schedule at the step above the one in effect at the time of departure, plus experience in another school within the limits specified in this Agreement. Employees who are recalled will also have their sick leave benefits restored to the same level as existed at the end of the year during which they were laid off.
Approved: 4-14-86
Reviewed: 03-13-23
Revised: 5-10-21
407.6 - Licensed Employee Early Retirement
407.6 - Licensed Employee Early RetirementThe Forest City Community School District may, from time to time, offer an early retirement plan benefit to employees of the school district. The superintendent and Board of Education is responsible for determining the need for an early retirement plan and for devising a plan that is beneficial to the school district and individual employees.
Legal Reference:
29 U.S.C. §§ 621 et seq.
Iowa Code §§ 97B; 216; 279.46; 509A.13.
Cross Reference:
407.3 Licensed Employee Retirement
413.2 Classified Employee Retirement
Approved: 6-14-21
Reviewed: 03-13-23
Revised: _____
408 - Licensed Employee Professional Growth
408 - Licensed Employee Professional Growth dawn.gibson.cm… Tue, 06/22/2021 - 21:54408.1 - Licensed Employee Professional Development
408.1 - Licensed Employee Professional DevelopmentThe board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills. The board will maintain and support an in-service program for licensed employees. Professional development activities will include activities that promote and/or teach about compliance with applicable Iowa laws.
For all professional development programs the district requires employees to take, the district will provide to the employee notice indicating the section of the law, or rules adopted by the state board of education or board of educational examiners that the district determines requires the employee to participate in the professional development program.
Requests for attendance or participation in a development program, other than those development programs sponsored by the school district, are made to the superintendent. Approval by the superintendent must be obtained prior to attendance by a licensed employee in a professional development program when the attendance would result in the licensed employee being excused from their duties or when the school district pays the expenses for the program.
The superintendent will have sole discretion to allow or disallow licensed employees to attend or participate in the requested event. When making this determination, the superintendent will consider the value of the program for the licensed employee and the school district, the effect of the licensed employee's absence on the education program and school district operations and the school district's financial situation as well as other factors deemed relevant in the judgment of the superintendent. Requests that involve unusual expenses or overnight travel must also be approved by the board.
Legal Reference:
Iowa Code § 279.8., 74
281 I.A.C. 12.7; 83.6
Cross Reference:
414 Classified Employee Professional Purposes Leave
Approved: 4-10-89
Reviewed: 7-10-23
Revised: 7-10-23
408.2 - Licensed Employee Publication or Creation of Materials
408.2 - Licensed Employee Publication or Creation of MaterialsMaterials created by licensed employees and the financial gain therefrom are the property of the school district if school materials and time were used in their creation and/or such materials were created in the scope of the licensed employee's employment. The licensed employee must seek prior written approval of the superintendent concerning such activities.
Legal Reference:
Iowa Code § 279.8.
17 U.S.C. Sec. 101 et. al.
Cross Reference:
401.2 Employee Conflict of Interest
606.4 Student Production of Materials and Services
Approved: 6-14-21
Reviewed: 4-10-23
Revised: _____
408.3 - Licensed Employee Tutoring
408.3 - Licensed Employee TutoringEvery effort will be made by the licensed employees to help students with learning problems before recommending that the parents engage a tutor. Since there are exceptional cases when tutoring will help students overcome learning deficiencies, tutoring by licensed employees may be approved by the superintendent.
Licensed employees may only tutor students other than those for whom the teacher is currently exercising teaching, administrative or supervisory responsibility unless approved by the superintendent.
Tutoring for a fee may not take place within school facilities or during regular school hours unless approved by the superintendent.
Legal Reference:
Iowa Code §§ 20.7; 279.8.
Cross Reference:
401.2 Employee Conflict of Interest
402.6 Employee Outside Employment
Approved: 6-14-21
Reviewed: 4-10-23
Revised: 4-10-23
409 - Employee Vacations and Leaves of Absence
409 - Employee Vacations and Leaves of Absence dawn.gibson.cm… Tue, 06/22/2021 - 21:13409.1 - Employee Vacation - Holidays
409.1 - Employee Vacation - HolidaysThe board will determine the amount of vacation and holidays that will be allowed on an annual basis for employees.
Vacation
Vacation will be allocated annually on July 1 and is for full-time regular employees who work 260 days a year, unless the employee's individual contract indicates otherwise. New employees will not receive vacation during the first 90 days of employment or re-employment. Eligible employees will receive, after completing 90 days of service, a prorated amount of vacation hours based on the number of months remaining in the contract.
Starting with the eighth year of employment, one additional day will be added each year for ten years for a total of 20 vacation days. Part-time staff will be granted one-half (½) day of vacation for each month of completed service.
VACATION DAYS SCHEDULE
Employment Years Number of Vacation Days
First prorated after ninety days probation 10
Second through seventh 10
Eighth 11
Ninth 12
Tenth 13
Eleventh 14
Twelfth 15
Thirteenth 16
Fourteenth 17
Fifteenth 18
Sixteenth 19
Seventeenth 20
The vacation may be taken during the school year provided the vacation will not disrupt the operation of the school district. The employee must submit a vacation request to the superintendent, who will determine whether the request will disrupt the operation of the school district. In the case of the superintendent's request, the board will make the determination.
Up to five days of vacation may be carried over annually, except in cases of emergency, employees may not be employed for extra wages during vacation periods.
Additional vacation time may be granted at the discretion of the Board for full time (12 month) employees upon recommendation by the superintendent of schools.
Upon termination of employment, employees will be paid for vacation days which have been credited but which have not been used as of the date of termination. No payment will be made for accrued vacation days past the official termination date.
Holidays
Classified employees
- Regular full-time employees who work 260 days a year will be allowed eight holidays per year. It is within the discretion of the board to set the holidays annually.
- Holiday pay for all full-time (12 month) staff will be paid on the regular basis for the following holidays: Fourth of July, Labor Day, Thanksgiving, day after Thanksgiving, Christmas, New Years Day, Good Friday and Memorial Day. Vacation pay will be paid on the same, regular basis.
- Employees who work during the school academic year, whether full-time or part-time, will have time off in concert with the school calendar.
- Support staff working less than a full-time, twelve month contract, will be paid for the Christmas holiday at their daily contracted rate. This additional day is to help in offsetting missed time for early dismissals and late starts.
Licensed employees
- Licensed employees will be issued contracts for the duration of 190 days. In addition to the 190 days, seven days will be designated as holidays.
- The requirements stated in the Master Contract between the Professional Personnel in the Certified Collection bargaining unit and the Board of Directors regarding vacations of such employees will be followed.
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
Cross Reference:
601.1 School Calendar
Approved: 6-24-75
Reviewed: 7-17-24
Revised: 5-9-23
409.2 - Employee Leave of Absence
409.2 - Employee Leave of AbsenceThe board will offer the following leave to full-time regular licensed employees:
- Personal Illness (Sick) Leave – Leave for medically-related disability, illness or required quarantine (unless associated with personal travel)
- Family Sick Leave_- Leave to care for a sick member of the employee’s immediate family or to care for a dependent child during a required quarantine
- 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
- Vacation Leave – Leave to accomplish rest, relaxation, and attendance to personal matters (260-day employees only)
- Unpaid Leave - To excuse an involuntary absence not provided for in other leave policies of the board
The board will offer the following leave to full-time regular classified employees:
- Personal Illness (Sick) Leave – Leave for medically-related disability, illness or required quarantine (unless associated with personal travel)
- Family Sick Leave – Leave to care for a sick member of the employee’s immediate family or to care for a dependent child during a required quarantine
- 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
- Vacation Leave – Leave to accomplish rest, relaxation, and attendance to personal matters (260-day employees only
- Unpaid Leave - To excuse an involuntary absence not provided for in other leave policies of the board
The provisions of each leave offering will be detailed in the Master Contract and/or 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; 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:
401.9 Employee Political Activity
403.2 Employee Injury on the Job
409.3 Employee Family and Medical Leave Series
409.6 Drug & Alcohol Testing Program Series
706.3 Pay Deductions Series
Approved 8-10-20
Reviewed 5-9-23
Revised 5-9-23
409.2R1FC - Personal Illness and Family Emergencies/Illness Leave
409.2R1FC - Personal Illness and Family Emergencies/Illness LeaveFull-time staff members will be allowed sick leave for temporary disabilities as follows:
- First year of employment, 10 days
- Second year of employment, 11 days
- Third year of employment, 12 days
- Fourth year of employment, 13 days
- Fifth year of employment, 14 days
- Sixth and subsequent years, 15 days
Over and above first through sixth year, at board discretion, up to 20 days.
Beyond the fifth year of employment 15 days are granted cumulative to one hundred five (105) days. The above amounts apply only to consecutive years of employment in the Forest City Community School District. For all new hires after July 1, 2013 the granted cumulative leave will be ninety (90) days.
Sick leave benefits are restricted to accumulated sick leave days earned by the individual staff member. Should the personal illness occur after or extend beyond the accumulated sick leave allowance the employee will be allowed a leave of absence without pay for the time period the employee is disabled (see Policy 404.6).
The employee shall notify the superintendent or his designee as soon as the necessity for taking sick leave becomes known to the employee. The employee may continue to work as long as he/she is physically able.
The employee, while taking sick leave under these provisions, shall keep the superintendent, or his designee, informed of the duration of the disability and the expected date of return to duty. When deemed necessary the Board of Education may require a staff member to submit a statement from an attending physician as to the temporary disability. The employee should return to work as soon as a physician determines the individual is capable of performing the work. A signed release from your doctor listing any restrictions may be required by your supervisor before you may return to work after an extended sick leave.
The employee who is unable to work because of personal illness or temporary disability and who has exhausted all sick leave available shall be granted a leave of absence without pay for the duration of such illness or temporary disability through the end of the school year. Insurance coverage shall be continued at the negotiated rate until the insurance policy anniversary date for employees who have exhausted all sick leave and have been placed on leave without pay.
MATERNITY LEAVE
For the individual employee who has a pregnancy condition the individual employee may take up to twelve (12) consecutive calendar weeks of Personal Illness Leave with pay (restricted to accumulated sick leave days earned by the individual staff member). Any number of days used during the twelve (12) weeks not covered by accumulated sick leave may be covered by Family and Medical Leave without pay. The total combination of days taken must be consecutive days. The weeks listed above will commence at birth.
QUARANTINE
Days may be deducted from accumulated sick leave for the employee to be in quarantine if required by regulations implemented by the Department of Public Health, unless the required quarantine is a direct result of personal travel. If an employee chooses to travel and upon return from their trip is forced to quarantine, paid days sick leave will not be allowed. Instead employees may use their personal days or unpaid leave.
CRITICAL FAMILY ILLNESS / BEREAVEMENT
Employees may also use days from accumulated sick leave to attend to the illness or provide care during a required quarantine of a child or spouse. When leave days are required due to the critical illness and/or bereavement of the death of a relative, sick leave days may be utilized. Also, when the presence of a staff member is necessary to attend the funeral of a friend or act in the capacity of pallbearer, days missed may be used under this policy.
Legal Reference:
29 U.S.C. §§ 2601 et seq.
Pub.L. 116–127
29 C.F.R. §§ 825; 826.
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:
401.9 Employee Political Activity
403.2 Employee Injury on the Job
409.3 Employee Family and Medical Leave Series
409.6 Drug & Alcohol Testing Program Series
706.3 Pay Deductions Series
Approved: 6-14-21
Reviewed: 5-9-23
Revised: 5-9-23
409.2R2FC - Non-Medical Paid Leave of Absence
409.2R2FC - Non-Medical Paid Leave of AbsenceADOPTION
An employee may be granted a paid leave of absence, not to exceed a total of ten (10) consecutive calendar days, in the case of the employee adopting a child or children. Such paid leave days shall be charged to the employee’s accrued sick leave. If both husband and wife are employees, each shall have the opportunity to use this policy. Employees who are eligible for unpaid leave for the adoption of a child under the provisions of the Family and Medical Leave Act will be granted leave in accordance with the FMLA and Board policy. If both a husband and a wife are eligible for family and medical leave and are employed by the District, such leave for adoption will be limited to a combined total of twelve (12) weeks during a twelve-month period. If the adoption is that of a newborn, and the employee is the designated primary caregiver, the Superintendent may grant additional paid leave of absence, not to exceed a total of thirty (30) consecutive days from the date of birth.
ABSENCE WITHOUT PAY
Absence without pay may be authorized by the superintendent and principal for purposes considered urgent, necessary, or unique. For such absences, deductions from the employee's salary will be made in accordance with the school district's pay deduction regulations. An involuntary absence where prior notice was not possible may be excused by the superintendent. The employee shall make a leave request as soon as possible to request approval for such absence. Other absences than those herein provided for, or failure to follow the foregoing regulations, may be deemed to be neglect of duty and may be sufficient grounds for dismissal.
ABSENCE WITHOUT PAY (VACATION TRAVEL) - LICENSED EMPLOYEES ONLY
The superintendent may approve an absence of 1 to 5 days for an unusual opportunity for vacation travel if the following criteria are met:
- Requests will be allowed for up to a maximum of 5 days per three year period. The number of days utilized may range from one to five for any one request; however, regardless of the number of days requested, no more than two requests per three year period may be approved.
- Part-time employees may apply for "like" days if all other criteria have been met (i.e. up to five one-half days by a staff member currently teaching one-half time).
- Personal leave must be utilized in conjunction with or to extend an approved Absence Without Pay leave.
- Requests will be submitted to the superintendent through the building principal or supervisor.
- Failure to follow the foregoing regulations, may be deemed to be neglect of duty and may be sufficient grounds for dismissal.
JURY DUTY
The Board will allow employees to be excused for jury duty unless extraordinary circumstances exist. The superintendent has the discretion to determine when extraordinary circumstances exist. Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district. The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours. Licensed employees will receive their regular salary. Any payment for jury duty will be paid to the school district.
LEAVE OF ABSENCE - LICENSED EMPLOYEES ONLY
The Board of Directors may grant a leave of absence to licensed employees without pay providing the following stipulations are adhered to:
- Written requests for leaves, stating reasons and duration, are to be submitted to the board.
- Only one trimester, two trimesters, one full school year or two full school years leave requests will be considered (with the exception of No. 9 stated below).
- Two-year leaves of absence will be considered only for teachers planning to teach abroad. In the event said teacher's situation changes and he/she plans to return following one-year absence, written notice of this intent must be received by the board on or before March 1 prior to the contract year.
- To qualify for a first leave of absence a teacher must have five or more years of experience in the Forest City Schools before consideration will be given.
- One leave of absence will be granted during each ten year period of employment. A leave of absence does not constitute a portion of the succeeding ten year period of consecutive employment. The second leave of absence may not be taken until ten consecutive years of employment have elapsed since the first leave of absence.
- Full year, two year, and first trimester applications must be submitted on or before the deadline for returning contracts for the ensuing school year (April 15 or 21 days following issuance). Leave requests for the second trimester only must be submitted on or before the Regular October Board Meeting.
- Final approval will not be granted until a suitable, temporary replacement is contracted.
- Upon return the board agrees to reemploy said teacher in the same position or, if that position has been abolished, a position assigned by the Board. Salary schedule placement will not be interrupted.
- In cases involving illness, the above guidelines may be waived by the board.
MILITARY LEAVE
The Board recognizes employees may be called to participate in the armed forces, including the national guard. If an employee is called to serve in the armed forces, the employee will have a leave of absence for military service until the military service is completed. The leave is without loss of status of efficiency rating, and without loss of pay during the first thirty calendar days of the leave.
PERSONAL LEAVE
Licensed Employees
Two days of personal leave per school year will be granted for licensed employees. Notification will be submitted to the superintendent through the building principal. The administration may limit the number of employees leaving on the same day to the number of available substitutes. At the end of the school year any unused days shall be reimbursed at a rate approved in the Master Contract between the employee’s licensed bargaining unit and the Board. The cost of the substitute for the two days taken will be borne by the school district. Approval of Personal Leave requests are based on the assumption that the employee’s personal business is of a nature that cannot be done outside the school day. Though a reason is not required on the request, the Board trusts that employees will follow this guideline.
Classified Employees
Classified employees working less than 260 days per year and ineligible for vacation days are allowed two day of personal leave per year. Classified employees working 260 days per year and eligible for vacation days are allowed one day of personal leave per year. Personal leave may be used to attend to matters of a personal nature, subject to operation requirements. Requests are to be submitted to the superintendent through the building principal or support staff director.
Employees who do not use their full entitlement of days during the year will automatically be paid out at the prevailing hourly rates in June.
PATERNITY LEAVE
An employee may be granted a paid leave of absence, not to exceed a total of ten (10) consecutive calendar days, in the case of the employee becoming a father. Such paid leave days shall be charged to the employee’s accrued sick leave. Employees who are eligible for unpaid leave for the birth of a child under the provisions of the Family and Medical Leave Act will be granted leave in accordance with the FMLA and Board policy. If both a husband and a wife are eligible for family and medical leave and are employed by the District, such leave for adoption will be limited to a combined total of twelve (12) weeks during a twelve-month period.
POLITICAL LEAVE
The Board will provide a leave of absence to employees to run for elective public office. The superintendent will grant an employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave. The 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.
PROFESSIONAL LEAVE
Professional purposes leave may be granted to employees for the purpose of attending meetings and conferences directly related to their assignments. Application for the leave must be presented to the superintendent 30 days prior to the meeting or conference.It is within the discretion of the superintendent to grant professional purposes leave. The leave may be denied on the day before or after a vacation or holiday, on special days when services are needed, when it would cause undue interruption of the education program and school district operations, or for other reasons deemed relevant by the superintendent.
VACATIONS AND HOLIDAYS - SEE POLICY 409.1
Legal Reference:
29 U.S.C. §§ 2601 et seq.
Pub.L. 116–127
29 C.F.R. §§ 825; 826.
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:
401.9 Employee Political Activity
403.2 Employee Injury on the Job
409.3 Employee Family and Medical Leave Series
409.6 Drug & Alcohol Testing Program Series
706.3 Pay Deductions Series
Approved: 6-14-21
Reviewed: 5-9-23
Revised: 5-9-23
409.2R3FC - Classified Employee Sick Bank Leave
409.2R3FC - Classified Employee Sick Bank Leave
Regularly scheduled classified employees who are eligible for paid illness leave may contribute up to three (3) sick leave days per year to other classified employees who are eligible as provided in paragraph 2 below. The total of all sick leave donations shall not exceed sixty (60) days per year. On or before September 10, the Business Manager will notify the Superintendent of the names of individuals who have contributed sick leave and the amount of sick leave which they will contribute. If the number of days offered for donation exceeds sixty (60) days, then priority in donation shall be given to employees who have accumulated less than seventy (70) days of sick leave as of July 1 of the contract year in which a sick leave donation is requested. There will be no carryover of donated sick leave days from year to year.
1. Donated sick leave days will not be returned to the donor.
2. Donated sick leave days will be available only to those employees who: (1) have accumulated less than seventy days of sick leave as of July 1 of the contract year in which a sick leave donation is requested, (2) have donated at least one (1) day of sick leave to the sick leave bank, (3) have used all of their paid leave days (sick leave days and personal leave days), (4) have not yet met the elimination period for long term disability insurance, and (5) suffer from a serious health condition as defined in the Family and Medical Leave act, 29 Code of Federal Regulations '825.114. Donated sick leave days will not be available to an employee on a day-to-day basis, that is, donated sick leave days will not be available for brief absences such as one or two days.
3. Requests for the use of donated sick leave days will be submitted to the Business Manager on a form provided by the District. The decision of whether to provide donated sick leave benefits to an employee and the number of donated sick leave days to allocate to the employee shall be made by the Board. Up to twenty (20) donated sick leave days per year will be allocated to each eligible participant. If an employee's absence which is eligible for sick leave bank usage exceeds twenty (20) days and if there are days remaining in the sick leave bank at the end of the school year, then any days remaining in the sick leave bank at the end of the school year will be allocated to employees on a pro-rata basis.
Licensed Employees are not eligible to participate in the Classified employee sick leave bank as they are covered by a separate sick leave bank as specified in their comprehensive master agreement between the Forest City Community School District and the Forest City Education Association.
_____
Classified Staff Sick Leave Bank Request Form
Donated sick leave days will be available only to those employees who:
1. have accumulated less than seventy days of sick leave as of July 1 of the contract year in which a sick leave donation is requested,
2. have donated at least one (1) day of sick leave to the sick leave bank,
3. have used all of their paid leave days (sick leave days and personal leave days),
4. have not yet met the elimination period for long term disability insurance, and
5. suffer from a serious health condition as defined in the Family and Medical Leave act, 29 Code of Federal Regulations '825.114.
Donated sick leave days will not be available to an employee on a day-to-day basis, that is, donated sick leave days will not be available for brief absences such as one or two days.
Requests for the use of donated sick leave days will be submitted to a representative of the Board and a representative of the Association on a form provided by the District. The decision of whether to provide donated sick leave benefits to an employee and the number of donated sick leave days to allocate to the employee shall be made by mutual agreement of the representative of the Board and the representative of the Association. Up to twenty (20) donated sick leave days per year may be allocated to each eligible participant. If an employee's absence, which is eligible for sick leave bank usage exceeds twenty (20) days and if there are days remaining in the sick leave bank at the end of the school year, then any days remaining in the sick leave bank at the end of the school year will be allocated to employees on a pro-rata basis.
Eligible Family and Medical Leave Requests from Sick Leave Bank:
A. Birth of a son or daughter of the employee in order to care for that child prior to the first anniversary of the child’s birth.
B. Placement of a son or daughter of the employee for adoption or foster care prior to the first anniversary of the child’s placement.
C. To care for a spouse, son, daughter or parent of an employee who has a serious health condition.
D. Employee’s serious health condition that makes the employee unable to perform the essential functions of the employee’s position.
Employee Signature Days Requested Date
Board Signature Date Approved/Denied
Number of Days Approved Number of Days Denied
Legal Reference:
29 U.S.C. §§ 2601 et seq.
Pub.L. 116–127
29 C.F.R. §§ 825; 826.
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:
401.9 Employee Political Activity
403.2 Employee Injury on the Job
409.3 Employee Family and Medical Leave Series
409.6 Drug & Alcohol Testing Program Series
706.3 Pay Deductions Series
Approved: 5-9-22 Reviewed: 5-8-23 Revised: 5-8-23
409.3 - Employee Family and Medical Leave
409.3 - Employee Family and Medical LeaveUnpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.
For purposes of this policy, year is defined as the 12 month period measured forward (12 month period measured forward from the first date an employee takes FMLA leave). The next 12 month period would be the first time FMLA is taken after completion of the prior 12 month period). Requests for family and medical leave will be made to the superintendent.
Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules. Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave. It is the responsibility of the superintendent to develop administrative rules to implement this policy.
Legal Reference:
29 U.S.C. §§ 2601 et seq.
29 C.F.R. § 825.
Iowa Code §§ 20; 85; 216; 279.40.
Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
Cross Reference:
409.2 Employee Leave of Absence
Approved 4-11-94
Reviewed 5-8-23
Revised 10-11-21
409.3E1 - Employee Family and Medical Leave Notice to Employees
409.3E1 - Employee Family and Medical Leave Notice to EmployeesThis document is available at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fmlaen.pdf
409.3E2 - Employee Family and Medical Leave Request Form
409.3E2 - Employee Family and Medical Leave Request FormSee attached form.
409.3R1 - Employee Family and Medical Leave
409.3R1 - Employee Family and Medical LeaveA. School district notice.
1. The school district will post the notice in Exhibit 409.3E1 regarding family and medical leave.
2. Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually. The information will be in the [employee handbook].
3. When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements. Such information will include:
a. a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement or 26 week entitlement depending on the purpose of the leave;
b. a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so or proof of call to active duty in the case of military family and medical leave;
c. an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and
d. a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.
B. Eligible employees.
Employees are eligible for family and medical leave if the following criteria is met.
1. The employee has worked for the school district for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and,
2. The employee has worked at least 1,250 hours during the 12 months immediately before the date FMLA leave is to begin. Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.
C. Employee requesting leave -- two types of leave.
1. Foreseeable family and medical leave.
a. Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.
b. Employee must give at least thirty days notice for foreseeable leave. Failure to give the notice may result in the leave beginning thirty days after notice was received. For those taking leave due to military family and medical leave, notice should be given as soon as possible.
c. Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district. The scheduling is subject to the approval of the health care provider.
2. Unforeseeable family and medical leave.
a. Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.
b. Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.
c. A spouse or family member may give the notice if the employee is unable to personally give notice.
D. Eligible family and medical leave determination. The school district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.
1. Six purposes.
a. The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first
anniversary of the child's birth;
b. The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;
c. To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition; or
d. Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.
e. because of a qualifying exigency arising out of the fact that an employee’s ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
f. because the employee is the spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
2. Medical certification.
a. When required:
(1) Employees may be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job.
(2) Employees may be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.
(3) Employees may be required to present certification of the call to active duty when taking military family and medical leave.
b. Employee's medical certification responsibilities:
(1) The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.
(2) The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the school district has reason to doubt the validity of the certification an employee submits. The second health care provider cannot, however, be employed by the school district on a regular basis.
(3) If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the serious health condition. This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district. This certification or lack of certification is binding upon both the employee and the school district.
c. Medical certification will be required fifteen days after family and medical leave begins unless it is impracticable to do so. The school district may request recertification every thirty days. Recertification must be submitted within fifteen days of the school district's request.
d. Employees taking military caregiver family and medical leave to care for a family service member cannot be required to obtain a second opinion or to provide recertification.
Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification will be denied until such certification is provided.
E. Entitlement.
1. Employees are entitled to twelve weeks unpaid family and medical leave per year. Employees taking military caregiver family and medical leave to care for a family service member are entitled to 26 weeks of unpaid family and medical leave but only in a single 12 month period.
2. Year is defined as Fiscal year
3. If insufficient leave is available, the school district may:
a. Deny the leave if entitlement is exhausted
b. Award leave available
c. Award leave in accordance with other provisions of board policy or the collective bargaining agreement.
F. Type of Leave Requested.
1. Continuous - employee will not report to work for set number of days or weeks.
2. Intermittent - employee requests family and medical leave for separate periods of time.
a. Intermittent leave is available for:
_____birth of my child or adoption or foster care placement subject to agreement by the district;
_____serious health condition of myself, spouse, parent, or child when medically necessary;
____ because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___
parent is on active duty or call to active duty status in support of a contingency operation as a member of the
National Guard or Reserves;
___ because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service
member with a serious injury or illness.
b. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the
school district operation.
c. During the period of foreseeable intermittent leave, the school district may move the employee to an alternative
position with equivalent pay and benefits. (For instructional employees, see G below.)
3. Reduced work schedule - employee requests a reduction in the employee's regular work schedule.
a. Reduced work schedule family and medical leave is available for:
____birth of my child or adoption or foster care placement subject to agreement by the district;
____serious health condition of myself, spouse, parent, or child when medically necessary;
____ because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___
parent is on active duty or call to active duty status in support of a contingency operation as a member of the
National Guard or Reserves;
___ because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service
member with a serious injury or illness.
b. In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize
disruption to the school district operation.
c. During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and benefits. (For instructional employees, see G below.)
G. Special Rules for Instructional Employees.
1. Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting. This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.
2. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent of the work days in the leave period may be required to:
a. Take leave for the entire period or periods of the planned medical treatment; or,
b. Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.
3. Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester. The number of weeks remaining before the end of a semester does not include scheduled school breaks, such as summer, winter or spring break.
a. If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.
b. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.
c. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.
4. The entire period of leave taken under the special rules is credited as family and medical leave. The school district will continue to fulfill the school district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.
H. Employee responsibilities while on family and medical leave.
1. Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the
employee unless employee elects not to continue the benefits.
2. The employee contribution payments will be deducted from any money owed to the employee or the employee will
reimburse the school district at a time set by the superintendent.
3. An employee who fails to make the health care contribution payments within thirty days after they are due will be notified that their coverage may be canceled if payment is not received within an additional 15 days.
4. An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical
condition of an employee or family member once every thirty days and return the certification within fifteen days of the
request.
5. The employee must notify the school district of the employee's intent to return to work at least once each month during their
leave and at least two weeks prior to the conclusion of the family and medical leave.
6. If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the
employee's intent not to return. The school district will cease benefits upon receipt of this notification.
I. Use of paid leave for family and medical leave.
1. An employee may substitute unpaid family and medical leave for the serious health condition of the employee with paid sick, vacation and personal leave. Upon the expiration of paid leave, the family and medical leave for the serious health condition of the employee is unpaid.
2. An employee may substitute unpaid family and medical leave for the serious health condition of an employee's family
member or to care for a family service member with paid sick, vacation and personal leave. Upon the expiration of paid
leave, the family and medical leave for the serious health condition of an employee's family member is unpaid.
3. An employee may substitute unpaid family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth with sick, vacation and personal leave. Upon the expiration of paid leave, the family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth is unpaid.
4. An employee may substitute unpaid family and medical leave for the placement of a child with the employee for adoption or foster care and in order to care for that child prior to the first anniversary of the child's placement or adoption with sick, vacation and personal leave. Upon the expiration of paid leave, the family and medical leave for the placement of a child with the employee for adoption or foster care and in order to care for the child prior to the first placement or adoption is unpaid.
5. An employee may substitute unpaid family and medical leave when a family service member is called to active duty or on call to active duty with sick, vacation and personal leave. Upon expiration of the paid leave, the leave is unpaid.
6. When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.
Legal Reference:
29 U.S.C. §§ 2601 et seq.
29 C.F.R. § 825.
Iowa Code §§ 20; 85; 216; 279.40.
Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
Cross Reference:
409.2 Employee Leave of Absence
Approved 4-11-94 Reviewed 5-8-23 Revised 10-11-21
409.3R2 - Employee Family and Medical Leave Definitions
409.3R2 - Employee Family and Medical Leave DefinitionsActive Duty - duty under a call or order to active duty under a provision of law referring to in section 101(a)(13) of title 10, U.S. Code.
Common Law Marriage - according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife. There is no time factor that needs to be met in order for there to be a common law marriage.
Contingency Operation - has the same meaning given such term in section 101(a)(13) of title 10, U.S. Code.
Continuing Treatment - a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
- A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
- treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a the health care provider.
- Any period of incapacity due to pregnancy or for prenatal care.
- Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
- requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
- Continues over an extended period of time (including recurring episodes of a single underlying condition); and
- May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
- Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.
- Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
Covered Servicemember - a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
Eligible Employee - The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.
Essential Functions of the Job - those functions which are fundamental to the performance of the job. It does not include marginal functions.
Employment Benefits - all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."
Family Member - individuals who meet the definition of son, daughter, spouse or parent.
Group Health Plan - any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.
Health Care Provider-
- A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
- Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and
- Nurse practitioners and nurse-midwives, and clinical social workers who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and
- Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts;
- Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;
- A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.
In Loco Parentis - individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.
Incapable of Self-Care - that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or "ADLs." Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.
Instructional Employee - an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.
Intermittent Leave - leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.
Medically Necessary - certification for medical necessity is the same as certification for serious health condition.
"Needed to Care For" - the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care. For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment. It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.
Next of Kin - an individual's nearest blood relative
Outpatient Status - the status of a member of the Armed Forces assigned to –
either a military medical treatment facility as an outpatient; or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.
Parent - a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child. Parent does not include parent-in-law.
Physical or Mental Disability - a physical or mental impairment that substantially limits one or more of the major life activities of an individual.
Reduced Leave Schedule - a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.
Serious Health Condition -
- An illness, injury, impairment, or physical or mental condition that involves:
- Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from), or any subsequent treatment in connection with such inpatient care; or
- Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes:
- A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:
- Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by, a health care provider; or
- Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
- Any period of incapacity due to pregnancy or for prenatal care.
- Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
- Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;
- Continues over an extended period of time (including recurring episodes of s single underlying condition); and
- May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
- A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's a severe stroke or the terminal stages of a disease.
- Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
- Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition. Treatment does not include routine physical examinations, eye examinations or dental examinations. Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen). A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
- Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop. Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave. Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met. Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
- Substance abuse may be a serious health condition if the conditions of this section are met. However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider. On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.
- Absence attributable to incapacity under this definition qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days. For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level. An employee who is pregnant may be unable to report to work because of severe morning sickness.