Code No. 400

ROLE OF AND GUIDING PRINCIPLES FOR EMPLOYEES

This 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. Board policies in this series relating to general employees shall apply to employees regardless of their position as a licensed employee, classified employee, substitute or administrator.

Board policies relating to licensed employees shall 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. Classified employees' policies included in this series shall apply to positions that do not fall within the definition of licensed employee.

Approved: 9-25-15

Reviewed:

Revised:

10Code No. 401.1

Page 1 of 2

EQUAL EMPLOYMENT OPPORTUNITY

The Grinnell-Newburg 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 for any teaching position the school district will perform the background checks required by law. The district may determine on a case-by-case basis that, based on the duties, other positions within the district will also require background checks. Based upon the results of the background checks, the school district will determine whether an offer will be extended. If the candidate is a teacher who has an initial license from the BOEE, then the requirement for a background check is waived.

Advertisements and notices for vacancies within the district will contain the following statement: EEO/AA. 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, Grinnell Newburg Community School District, Grinnell, Iowa 50112; or by telephoning 641-236-2700.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights, U.S. Department of Education, 310 W. Wisconsin Ave., Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111 or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or 1-800-457-4416, http://www.state.ia.us/government/crc/index.html. This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

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

NOTE: This is a mandatory policy and reflects the law. The language on background checks is not required to be in policy, but is recommended. Boards choosing to perform background checks may add this language or develop their own. For more detailed discussion of this issue, see IASB's Policy Primer, June 8, 2007 and October 4, 2001.

Legal Reference:     
29 U.S.C. §§ 621-634 (2012).
42 U.S.C. §§ 12101 et seq. (2012).
Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8;
281 I.A.C. 12.4; 95.
281 I.A.C. 14.1; 2000

Cross Reference:

102 Equal Educational Opportunity

104 Bullying/Harassment

405.2 Licensed Employee Qualifications, Recruitment, Selection

411.2 Classified Employee Qualifications, Recruitment, Selection
 

Approved: 9-23-2015   

Reviewed:

Revised:

Code No. 401.2

EMPLOYEE CONFLICT OF INTEREST

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

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

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

It will also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities. In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest is deemed to 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.

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.

NOTE: This policy is a reflection of Iowa law.

Legal Reference:     
7 C.F.R. 3016 36(3)
Iowa Code §§ 20.7; 68B; 279.8; 301.28 (2013).

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

Approved: 9-23-2015

Reviewed:

Revised:

Code No. 401.3

NEPOTISM

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

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

NOTE: School district employment of more than one family member is permissible by law. School districts, however, have the discretion to prohibit the hiring of family members. Boards that choose to prohibit nepotism should do so in board policy.

Boards that permit nepotism may want to add certain requirements to the hiring of family, such as requiring board approval prior to hire. It is recommended that one family member not be allowed to supervise or evaluate another family member unless the superintendent or board approves it. This policy is written to permit nepotism and, upon approval of the superintendent, one family member may supervise another.

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

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

Approved: 9-23-2015

Reviewed:

Revised:

Code No. 401.4

EMPLOYEE COMPLAINTS

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

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

Legal Reference:     Iowa Code §§ 20.7, .9; 279.8 (2013).

Cross Reference:     307 Communication Channels

Approved: 9-23-2015

Reviewed:

Revised:

Code No. 401.5

EMPLOYEE RECORDS

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

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

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

NOTE: This is not a mandatory policy but is a recommended one. It reflects current state and federal laws protecting the confidentiality and retention of employee records. Separate medical files is a requirement of the American with Disabilities Act.

Legal Reference:     
Iowa Code chs. 20; 21; 22; 91B (2013).

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

Approved: 9-23-2015

Reviewed:

Revised:

Code No. 401.6

TRANSPORTING OF STUDENTS BY EMPLOYEES

Generally, transportation of students is in a motor vehicle owned by the school district and driven by an employee. In some cases, it may be more economical or efficient for the school district to allow an employee of the school district to transport the students in the employee's motor vehicle. Employees who transport students for school purposes must have the permission of the principal, the activities director, or the superintendent. This policy statement applies to transportation of students for school purposes in addition to the regular bus route transporting students to and from their designated attendance center. Employees who transport students in the employees’ personal vehicle must have a current copy of their vehicle insurance in the vehicle and a valid driver’s license on their person.

Legal Reference:         
Iowa Code chs. 285; 321 (2013).

Cross Reference:         
401.7 Employee Travel Compensation
711 Transportation
904.1 Transporting Students in Private Vehicles

Approved: 9-23-2015

Reviewed:

Revised:

Code No. 401.7

EMPLOYEE TRAVEL COMPENSATION

Employees traveling on behalf of the school district and performing approved school district business will be reimbursed for their actual and necessary expenses. Actual and necessary travel expenses will include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses and registration costs. The school district maintains travel expense reimbursement guidelines for in-state and out-of-state travel. These guidelines delineate the maximum amounts to be reimbursed for lodging, meals, mileage and other travel-related expenses. These guidelines are approved annually by the board, or as needed.

Travel Outside the School District

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

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

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

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 rate in the district travel guidelines. It is the responsibility of the superintendent to approve travel within the school district by employees. It is the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.

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

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

NOTE: This policy contains auditor's requirements for a travel compensation policy, including incidental vehicle use, reimbursement by employees for personal use, travel between attendance centers and taxation of additional compensation. As a result, most of the language of the policy is mandatory.

Legal Reference:     
Iowa Constitution, Art. III, § 31.
Iowa Code §§ 70A.9-.11 (2013).
1980 Op. Att'y Gen. 512.

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

Approved: 9-23-2015

Reviewed:

Revised:

Code No. 401.8

RECOGNITION FOR SERVICE OF EMPLOYEES

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

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

NOTE: Because of the constitutional limitations on the use of public funds, it is questionable whether a school district can use public funds for recognition of employees. School districts that have a practice of recognizing resigning or retiring employees should have a board policy, and the superintendent should document why a certain expenditure is appropriate.

Legal Reference:     
Iowa Const. Art. III, § 31.
Iowa Code § 279.8 (2013).
1980 Op. Att'y Gen. 102.

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

Approved: 9-23-2015

Reviewed:

Revised:

Code No. 401.9

EMPLOYEE POLITICAL ACTIVITY

Employees will not engage in political activity upon property under the jurisdiction of the board. Activities including, but not limited to, posting of political circulars or petitions, the distribution of political circulars or petitions, the collection of or solicitation for campaign funds, solicitation for campaign workers, and the use of students for writing or addressing political materials, or the distribution of such materials to or by students are specifically prohibited.

Violation of this policy may be grounds for disciplinary action.

NOTE: This policy is required by federal law.

Legal Reference:     
Iowa Code §§ 55; 279.8 (2013).

Cross Reference:     
409.5 Licensed Employee Political Leave
414.5 Classified Employee Political Leave

Approved: 9-23-2015

Reviewed:

Revised:

Code No. 401.10

CREDIT CARDS

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

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

The school district may maintain a school district credit card for actual and necessary expenses incurred by employees and officers in the performance of their duties. The superintendent may maintain a school district credit card for actual and necessary expenses incurred in the performance of the superintendent's duties. The transportation director may maintain a school district credit card for fueling school district transportation vehicles in accordance with board policy. It is the responsibility of the superintendent to determine whether the school district credit card use is for appropriate school business.

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

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

NOTE: School districts that have credit cards must have a board policy. School districts that have only a gasoline credit card should amend this policy to reflect their practice.

Legal Reference:     
Iowa Constitution, Art. III, § 31.
Iowa Code §§ 279.8, .29, .30 (2013).
281 I.A.C. 12.3(1).

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

Approved: 9-23-2015

Reviewed:

Revised:

Code No. 401.11

EMPLOYEE ORIENTATION

Employees must know their role and duties. New employees may be required to participate in an orientation program for new employees. The employee's immediate supervisor should provide the new employee with a review of the employee's responsibilities and duties. Payroll procedures and employee benefit programs and accompanying forms will be explained to the employee. Regular employees ineligible for the school district’s group health insurance will be given information regarding where they can obtain health care or health care insurance.

NOTE: This is not a required policy. Boards that adopt this policy must ensure that it is followed. The sentence implementing the access to health care rules is the last sentence.

Legal Reference:     
Iowa Code §§ 20; 279.8 (2013).     
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: 9-23-2015

Reviewed:

Revised:

Code No. 401.12

EMPLOYEE USE OF CELL PHONES

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

Employees may possess and use cell phones during the school day as outlined in this policy. Employees should not use cell phones for personal business while on-duty, including staff development times, parent-teacher conferences etc., except in the case of an emergency or during prep time or break/lunch times. Employees, except for bus drivers, see below, are prohibited from using 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.

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 Reference:     
Internal Revenue Comment Notice, 2009-46, http://www.irs.gov/irb/2009-23_IRB/ar07.html
Iowa Code §§ 20; 279.8 (2013).     
191 I.A.C. 74.

Cross Reference:     
406 Licensed Employee Compensation and Benefits
412 Classified Employee Compensation and Benefits
707.5 Internal Controls

Approved: 9-23-2015

Reviewed:

Revised:

Code No. 401.13

STAFF TECHNOLOGY USE/SOCIAL NETWORKING

Computers are a powerful and valuable education and research tool and, as such, are an important part of the instructional program. In addition, the school district depends upon computers as an integral part of administering and managing the school’s resources. Employees must conduct themselves in a manner that does not disrupt from or disrupt the educational process and failure to do so will result in discipline, up to and including discharge.

General Provisions

The superintendent is responsible for designating a Technology Integrationist Specialist who will oversee the use of school district computer resources. The Technology Integrationist Specialist will prepare in-service programs for the training and development of school district staff in computer skills, appropriate use of computer for the incorporation of comput use in subject areas.

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

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

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

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

Social Networking or Other External Web Sites

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

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

Legal Reference:     
Iowa Code §279.8 (2013).     
282 I.A.C. 25, 26

Cross Reference:     
104 Anti-Bullyng/Harassment          
306 Administrator Code of Ethics
401.11 Employee Orientation
407 Licensed Employee Termination of Employment
413 Classified Employee Termination of Employment
605 Instructional Materials

Approved 9/23/2015

Code No. 402.1

RELEASE OF CREDIT INFORMATION

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

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

NOTE: This policy lists the information the school district will release to a credit agency without prior notice to the employee. The items listed are all public records and can be disclosed without prior notice. Prior to releasing other information, a school district must get consent from the employee. It is recommended that this consent be written.

Legal Reference:     
Iowa Code §§ 22.7; 279.8 (2013).

Cross Reference:     
401.5 Employee Records

Approved 9/23/2015

Code No. 402.2

CHILD ABUSE REPORTING

In compliance with state law and to provide protection to victims of child abuse, the board believes incidents of alleged child abuse should be reported to the proper authorities. Employees are encouraged, and licensed employees are required as mandatory reporters, 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 will orally or in writing notify the Iowa Department of Human Services. If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency will also be notified. Within fortyeight hours of the oral report, the mandatory reporter will file a written report with the Iowa Department of Human Services.

Within six months of their initial employment, mandatory reporters will take a two-hour training course involving the identification and reporting of child abuse, or submit evidence they’ve taken the course within the previous five years. The course will be re-taken at least every five years.

NOTE: This policy reflects the current status of Iowa law regarding child abuse reporting. For more information please go to the Iowa Department of Human Services Web site at: http://www.dhs.state.ia.us/Consumers/Safety_and_Protection/Abuse_Reporting/ChildAbuse.html

Legal Reference:     
Iowa Code §§ 232.67-.77; 232A; 235A; 280.17 (2013).
441 I.A.C. 9.2; 155; 175.
1982 Op. Att'y Gen. 390, 417.     
1980 Op. Att'y Gen. 275.

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 9/23/2015

Code No. 402.3

ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

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

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

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

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

NOTE: This policy is a reflection of current Iowa law regarding abuse of students by school district employees. Refer to the Iowa Department of Education training manual for supporting materials and forms.

https://www.educateiowa.gov/documents/laws-and-regulations/2013/10/chapter-102-level-i-investigator-manual

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

Legal Reference:     
Iowa Code §§ 232.67, .70, .73, .75; 235A; 272A; 280.17; 709; 728.12(1) (2013).
281 I.A.C. 12.3(6), 102; 103.
441 I.A.C. 155; 175.
1980 Op. Att'y Gen. 275.

Cross Reference:     
104 Bullying/Harassment
402.2 Child Abuse Reporting
503.5 Corporal Punishment

Approved 9/23/2015

Code No. 402.4

GIFTS TO EMPLOYEES
 

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

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

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

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

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

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

• Actual expenses of an employee for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
• A non-monetary gift or series of 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.

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

Legal References:     
Iowa Code ch. 68B (2013).
1972 Op. Att'y Gen. 276.

1970 Op. Att'y Gen. 319.

Cross References:     
217 Gifts to Board of Directors

401.2 Employee Conflict of Interest

704.4 Gifts-Grants-Bequests

Approved 9/23/2015

Code No. 402.5

PUBLIC COMPLAINTS ABOUT EMPLOYEES

The board recognizes situations may arise in the operation of the school district that are of concern to parents and other members of the school district community. While constructive criticism is welcomed, the board desires to support its employees and their actions to free them from unnecessary, spiteful, or negative criticism and complaints that do not offer advice for improvement or change.

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:

1. Matters should first be addressed to the teacher or employee.
2. Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the employee's building principal for licensed employees and the superintendent for classified employees.
3. Unsettled matters regarding licensed employees from (b) above or problems and questions concerning the school district should be directed to the superintendent.
4. If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board. To bring a concern regarding an employee, the individual may notify the board president in writing, who may bring it to the attention of the entire board, or the item may be placed on the board agenda of a regularly scheduled board meeting in accordance with board policy 214.1.

It is within the discretion of the board to address complaints from the members of the school district community, and the board will only do so if they are in writing, signed, and the complainant has complied with this policy.

NOTE: School districts with a different procedure for addressing complaints about employees should insert it here.
 

Legal Reference:     
Iowa Code § 279.8 (2013).

Cross Reference:     
210.8 Board Meeting Agenda
213 Public Participation in Board Meetings
307 Communication Channels

Approved 9/23/2015

Code No. 402.6

EMPLOYEE OUTSIDE EMPLOYMENT

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

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

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

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

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

Approved 9/23/2015

Code No. 403.1

EMPLOYEE PHYSICAL EXAMINATIONS

Good health is important to job performance. Employees will present evidence of good health, in the form of a physical examination report, prior to their employment with the school district.

School bus drivers will present evidence of good health every other year in the form of a physical examination report unless otherwise required by law or medical opinion. Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations, when requested to do so, at the expense of the school district.

The cost of the initial examination will be paid by the employee. The form indicating the employee is able to perform the duties for which the employee was hired must be returned prior to payment of salary. The cost of bus driver renewal physicals will be paid by the school district up to a maximum set by the superintendent annually. The school district will provide the standard examination form to be completed by the personal physician of the employee. Employees identified as having reasonably anticipated contact with blood or infectious materials will receive the Hepatitis B vaccine or sign a written waiver stating that they will not take the vaccine.

It is the responsibility of the superintendent to write an exposure control plan to eliminate or minimize district occupational exposure to bloodborne pathogens. The plan for designated employees will include, but not be limited to, scope and application, definitions, exposure control, methods of compliance, Hepatitis B vaccination and postexposure evaluation and follow-up, communication of hazards to employees, and record keeping.

The requirements stated in the master contract between employees in that certified collective bargaining unit and the board regarding physical examinations of such employees are followed.

NOTE: All school district employees, on initial hire, must present a form which states that employees are physically able to perform the employee’s duties. Bus drivers must present the form at initial employment and every other year thereafter, unless required by law or medical opinion.

Legal Reference:     
29 C.F.R. Pt. 1910.1030 (2012).
Iowa Code §§ 20.9; 279.8, 321.376 (2013).
281 I.A.C. 12.4(14); 43.15 -.20.

Cross Reference:     
403 Employees' Health and Well-Being

Approved 9/23/2015

Code No. 403.2

EMPLOYEE INJURY ON THE JOB

When an employee becomes seriously injured on the job, the employee’s supervisor will attempt to notify a member of the family, or an individual of close relationship, as soon as the employee’s supervisor becomes aware of the injury. If possible, an employee may administer emergency or minor first aid. An injured employee will be turned over to the care of the employee's family or qualified medical employees as quickly as possible. The school district is not responsible for medical treatment of an injured employee.

It is the responsibility of the employee injured on the job to inform 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 (2013).
1972 Op. Att'y Gen. 177.

Cross Reference:     
403 Employees' Health and Well-Being
409.2 Licensed Employee Personal Illness Leave
414.2 Classified Employee Personal Illness Leave

Approved 9/23/2015

Code No. 403.3

COMMUNICABLE DISEASES - EMPLOYEES
 

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

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

The health risk to 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.

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.
 

NOTE:  This policy is consistent with current health practices regarding communicable diseases.  The bloodborne pathogen language in the second paragraph and accompanying regulation is in compliance with federal law on control of bloodborne pathogens.

Legal Reference:
School Board of Nassau County v. Arline, 480 U.S. 273 (1987).   
29 U.S.C. §§ 794, 1910 (2012).   
42 U.S.C. §§ 12101 et seq. (2012).       
45 C.F.R. Pt. 84.3 (2012).     
Iowa Code chs. 139(a); 141(a) (2013).   
641 I.A.C. 1.2-.7.

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

Approved 9/23/2015

Code No. 403.4

HAZARDOUS CHEMICAL DISCLOSURE

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

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

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

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

NOTE: This policy reflects current law on employees' right to know about hazardous substances in the workplace.

Legal Reference:     
29 C.F.R. Pt. 1910; 1200 et seq. (2012).
Iowa Code chs. 88; 89B (2013).
347 I.A.C. 120.

Cross Reference:     
403 Employees' Health and Well-Being
804 Safety Program

Approved 9/23/2015

Code No. 403.5

SUBSTANCE-FREE WORKPLACE

The board expects the school district and its employees to remain substance free. No employee will unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of, in the workplace, any narcotic drug, hallucinogenic drug, amphetamine, 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, also includes non-school property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

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

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

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

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

NOTE: This is a federally mandated policy and is in compliance with federal law. There is an option in the third paragraph that allows the board to require the employee to complete a treatment program. This option is not a federal requirement but may be added by the board. If this sentence is left in the policy, corresponding changes need to be made in the accompanying regulation and exhibits.

Legal Reference:     
41 U.S.C. §§ 81 (2012).
42 U.S.C. §§ 12101 et seq. (2012).
34 C.F.R. Pt. 85 (2012).
Iowa Code §§ 123.46; 124; 279.8 (2013).

Cross Reference:     
404 Employee Conduct and Appearance

Approved 9/23/2015

Code No. 403.6

DRUG AND ALCOHOL TESTING PROGRAM

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

The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion and post-accident, return-to-duty and follow-up 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 transportation director at 1524 Garfield Avenue, Grinnell, IA 50112.

Employees who violate the terms of this policy may be subject to discipline up to and including termination.  Employees who violate this policy bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and a substance abuse treatment program recommended by the substance abuse professional.  Employees who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program may be subject to discipline up to and including termination.

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

The superintendent will also be responsible for publication and dissemination of this policy and 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.

Legal Reference:     
American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 (4th Cir. 1995).
49 U.S.C. §§ 5331 et seq. (2004).
42 U.S.C. §§ 12101 (2004).
41 U.S.C. §§ 701-707 (2004).
49 C.F.R. Pt. 40; 382; 391.81-123 (2004).
34 C.F.R. Pt. 85 (2002). 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 (2007).

Cross Reference:     
403.5 Substance-Free Workplace
409.2 Licensed Employee Personal Illness Leave
414.2 Classified Employee Personal Illness Leave

Approved 9/23/2015

Code No. 404

EMPLOYEE CONDUCT AND APPEARANCE

Employees 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.

NOTE: The Board of Educational Examiners' Criteria of Professional Practices are included as a regulation to this policy.

Legal Reference:     
Iowa Code § 279.8 (2013).
282 I.A.C. 13.25, .26.

Cross Reference:   
104 Anti-Bullying/Harassment
306 Administrator Code of Ethics
401.11 Employee Orientation
403.5 Substance-Free Workplace
407 Licensed Employee Termination of Employment
413 Classified Employee Termination of Employment

Approved 9/23/2015

Code No. 405.1

LICENSED EMPLOYEE DEFINED

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

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

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

Legal Reference:     
Clay v. Independent School District of Cedar Falls, 187 Iowa 89, 174 N.W. 47 (1919).
Iowa Code §§ 256.7(3); 272; 279.8 (2013).
281 I.A.C. 12.4; 41.25.
282 I.A.C. 14.
1940 Op. Att'y Gen. 375.

Cross Reference:     
405.2 Licensed Employee Qualifications, Recruitment Selection
410.1 Substitute Teachers
411.1 Classified Employee Defined

Approved 9/23/2015

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

Code No. 405.3

LICENSED EMPLOYEE INDIVIDUAL CONTRACTS

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

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

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

Legal Reference:     
Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).
Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 467 (1927).
Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).
Iowa Code chs. 20; 279 (2013).

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

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 405.3

LICENSED EMPLOYEE INDIVIDUAL CONTRACTS

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

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

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

Legal Reference:     
Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).
Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 467 (1927).
Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).
Iowa Code chs. 20; 279 (2013).

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

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 405.5

LICENSED EMPLOYEE WORK DAY

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

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

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

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

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

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

Cross Reference:     
200.2 Powers of the Board of Directors

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 405.6

LICENSED EMPLOYEE ASSIGNMENT

Determining the assignment of each licensed employee is the responsibility of and within the sole discretion of the board. In making such assignments the board will consider the qualifications of each licensed employee and the needs of the school district. It is the responsibility of the superintendent to make recommendations to the board regarding the assignment of licensed employees. The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding assignment of such employees will be followed.

Legal Reference:
Iowa Code §§ 20.9; 279.8 (2013).

Cross Reference:
200.2 Powers of the Board of Directors

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 405.7

LICENSED EMPLOYEE TRANSFERS

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

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

It is the responsibility of the superintendent to make recommendations to the board regarding the transfer of licensed employees. The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding transfers of employees will be followed.

Legal Reference:     

Iowa Code §§ 20.9; 216.14; 279.8 (2013).

Cross Reference:   

405.2 Licensed Employee Qualifications, Recruitment, Selection

405.6 Licensed Employee Assignment

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

• 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. 

Code No. 405.9

LICENSED EMPLOYEE PROBATIONARY STATUS

The first three years of a new licensed employee's contract is a probationary period unless the employee has already successfully completed the probationary period in an Iowa school district. New employees who have successfully completed a probationary period in a previous Iowa school district will serve a one year probationary period. For purposes of this policy, an employee will 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 year-end or discharge the employee in concert with corresponding board policies.

Licensed employees may also serve a probationary period based upon their performance. Such probationary period is determined on a case-by-case basis in light of the circumstances surrounding the employee's performance as documented in the employee's evaluations and personnel file.

Legal Reference:     

Iowa Code §§ 279.12-.19B (2013).

Cross Reference:   

405.4 Licensed Employee Continuing Contracts

405.8 Licensed Employee Evaluation

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 406.1

LICENSED EMPLOYEE SALARY SCHEDULE

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

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

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

Legal Reference:     

Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2013).

Cross Reference:     

405 Licensed Employees - General

406.2 Licensed Employee Salary Schedule Advancement

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 406.2

LICENSED EMPLOYEE SALARY SCHEDULE ADVANCEMENT

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

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

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding salary schedule advancement of such employees will be followed.

Legal Reference:     

Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2013).

Cross Reference:     

405 Licensed Employees - General

406 Licensed Employee Compensation and Benefits
 

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 406.3

LICENSED EMPLOYEE CONTINUED EDUCATION CREDIT

Continued education on the part of licensed employees may entitle them to advancement on the salary schedule. Licensed employees who have completed additional hours will be considered for

advancement on the salary schedule. The board will determine which licensed employees will advance on the salary schedule 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.

Teachers who have been in the employment of the school district for one year or more may apply to

receive a revised contract in the fall provided they become eligible to advance on the salary schedule after having been issued a contract in the spring. In order to apply for a revised contract, the following provisions must be met:

1. The teacher must file with the superintendent a Request for Program Approval, attaching a list of graduate courses approved by the college or university for the anticipated graduate degree. The superintendent has sole discretion to approve or to deny the Request for Program Approval, taking into consideration the programmatic needs of the district.
2. After the superintendent grants the Request for Program Approval, the teacher must submit to the superintendent for prior approval a Course Approval Request for each graduate level course to be taken to apply towards the approved graduate program, and a revised contract. All approved courses must be taken for graduate credit.
3. When enough approved graduate credit hours have been accumulated to qualify the teacher for contract revision, the teacher must file with the superintendent, on or before November 1, a Request for Contract Revision, along with a certified transcript(s) showing the total graduate credits earned or graduate degree earned. All graduate credits to be approved for a contract revision must be completed prior to September 1 of the school year in which the revision is to become effective.
4. Contract revisions will be taken to the school board for approval upon fulfillment of these provisions and shall be effective retroactively to the beginning of the contract year in which they were submitted.

In special cases and upon recommendation of the administration, exceptions may be made to this policy.

It is the responsibility of the superintendent to make a recommendation to the board for the

advancement of a licensed employee on the salary schedule.

The requirements stated in the Master Contract between licensed employees in the certified collective bargaining unit and the board regarding continued education credit of such employees will be followed.

Legal Reference:     

Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2013).

Cross Reference:     

405 Licensed Employees - General

406 Licensed Employee Compensation and Benefits

Approved 9/23/2015
Grinnell-Newburg School District, Grinnell, IA

Code No. 406.4

LICENSED EMPLOYEE COMPENSATION FOR EXTRA DUTY

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

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

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

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding the compensation for extra duties of such employees will be followed.

Legal Reference:     
Iowa Code §§ 20.1, .4, .7, .9; 279.8, .13-.15, .19A-B (2013).

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

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 406.5

LICENSED EMPLOYEE GROUP INSURANCE BENEFITS

Licensed employees are eligible for group insurance and health benefits. The board will select the group insurance program and the insurance company which will provide the program. This policy statement does not guarantee a certain level of benefits. The board will have the authority and right to change group insurance programs for its licensed employees.

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding the group insurance benefits of such employees will be followed.

Legal Reference:     
Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B (2013).

Cross Reference:     
405.1 Licensed Employee Defined
706.2 Payroll Deduction

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 406.6

LICENSED EMPLOYEE TAX SHELTER PROGRAMS

The board authorizes the administration to make a payroll deduction for licensed employees' tax sheltered annuity premiums purchased from a company or program chosen by the board and collective bargaining units.

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

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding the tax sheltered annuities of such employees will be followed.

Legal Reference:     
Iowa Code §§ 20.9; 260C; 273; 294.16 (2013).
1988 Op. Att'y Gen. 38.
1976 Op. Att'y Gen. 462, 602.
1966 Op. Att'y Gen. 211, 220.

Cross Reference:     
706 Payroll Procedures

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 407.1

LICENSED EMPLOYEE RESIGNATION

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

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

Legal Reference:     
Iowa Code §§ 91A.2, .3, .5; 279.13, .19A (2013).

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

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 407.2

LICENSED EMPLOYEE CONTRACT RELEASE

Licensed employees who wish to be released from an executed contract must give written notice to the superintendent. Licensed employees may be released at the discretion of the board.

Release from a contract may 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 incurred to locate and hire a suitable replacement. Upon written mutual agreement between the employee and the superintendent, the costs may be deducted from the employee's salary. Payment of these costs 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.

NOTE: School districts may charge employees for costs incurred in finding a replacement. Employees can only be charged costs, not "penalties." The costs cannot be withheld from money owed the employee unless the employee agrees. If costs are not withheld from moneys owed to the employee, the school district must bill the employee. If the employee fails to pay, the school district's only option for reimbursement is to file a claim in small claims court. The school district also has the option of filing a complaint with the Board of Educational Examiners stating the employee has engaged in unprofessional conduct.

Legal Reference:     
Iowa Code §§ 216; 272; 279.13, .19A, .46 (2013).
1978 Op. Att'y Gen. 247.
1974 Op. Att'y Gen. 11, 322.

Cross Reference:     
405.3 Licensed Employee Individual Contracts
405.4 Licensed Employee Continuing Contracts
407.3 Licensed Employee Retirement

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 407.3

LICENSED EMPLOYEE RETIREMENT

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

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

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

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

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

NOTE: Mandatory retirement ages are a violation of federal law. The witnessing of the retiring employee's letter is to protect the school district in the event an employee alleges that the school district forced the employee to retire.

Legal Reference:     
Iowa Code §§ 97B; 216; 279.46 (2013).
581 I.A.C. 21.
1978 Op. Att'y Gen. 247.
1974 Op. Att'y Gen. 11, 322.

Cross Reference:     
407.6 Licensed Employee Early Retirement

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 407.4

LICENSED EMPLOYEE SUSPENSION

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

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

Legal Reference:     
Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (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 (2013).

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

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 407.5

LICENSED EMPLOYEE REDUCTION IN FORCE

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

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

It is the responsibility of the superintendent to make a recommendation for termination to the board. The superintendent shall consider the following criteria in making the recommendations:

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

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

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

Legal Reference:     
Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2013).

Cross Reference:     
407.5 Licensed Employee Suspension
413.6 Classified Employee Reduction in Force
703 Budget

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No 407.6

CERTIFIED EMPLOYEE VOLUNTARY RETIREMENT ASSISTANCE PLAN

1.    PURPOSE

It is the expressed intent of the Board, through this plan, to provide the District’s certified employees with the option and opportunity for early retirement from their employment with the District.  This plan is designed to show the District’s appreciation for the services an employee has rendered to the District, and to maximize use of District funds through replacement savings.

2.    STATEMENT OF NON-DISCRIMINATION

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

3.    ELIGIBILITY

A Certified Employee is eligible for retirement assistance under this plan if the employee:

1. has reached the age of 55 on or before the actual date of retirement,
2. has worked at least ten years of service total for the District and has continuously worked a minimum of the most recent five years of service at the District and is actively employed on at least a half-time basis during the five years prior to retirement,
3. notifies the Board as provided by this plan, and, in any event, not later than December 7, 2016,
4. retires not later than June 30 of the year in which retirement is to take effect per the Resignation and Request for Early Retirement Assistance Form,
5. is not eligible for, applying for, or receiving benefits under any other assistance plan offered through the District such as the group long-term disability insurance plan,
6. has not received a notice concerning termination of the employee’s employment, unless the notice is based upon reasons which are related to staff reduction, and
7. has not previously received retirement assistance benefits from the District.

4.    DEFINITION OF TERMS

1. Certified Employee – licensed teachers, counselors, librarians, nurses, and administrators who have been issued an employment contract by the Board under Iowa Code Chapter 279
2. Years of service - years of employment including complete school years or complete fiscal years
3. “Continuously worked” - Continuous employment must be without any voluntary interruptions of service.  Interruptions due to reductions in force or due to approved leaves of absence will not constitute a voluntary interruption in service, unless the interruption or leave exceeds twelve (12) consecutive months in length.  However, the period of time during which an employee is absent due to a reduction in force or due to an approved leave will not be counted for purposes of determining the minimum years of service required to establish eligibility.

5.    APPLICATIONS

1. Under ordinary circumstances, applications must be received by the Board Secretary not later than December 7, 2016.  However, the advance notice requirement may be waived at the discretion of the Superintendent.  Any decision by the Superintendent to waive the advance notice requirement shall not establish any precedent with regard to future applications which fail to meet the advance notice requirement.
2. The date of retirement for eligible employees will ordinarily be the end of the individual’s contract year or the end of a school term.  However, another date may be requested and approved by the Board.
3. Application materials must include the following forms:
   
   1. Resignation and Request for Early Retirement Assistance
   2. Designation of Beneficiary Form
   3. Release of Claims Form
   4. Agreement Not to Reapply for Employment.  (However, this agreement does not prohibit the School District from offering employment to the employee in the future.)
4. An employee’s application for retirement assistance benefits is not, in itself, a resignation nor does it require the Board to accept the application.  However, acceptance by the Board of an employee’s application for retirement assistance will be considered a voluntary resignation and termination of the employee’s contract of employment.  If the Board does not accept the employee’s application, the employee’s contract will continue in effect.

6.    RETIREMENT ASSISTANCE BENEFITS

1. The retirement assistance benefits shall consist of the following:
   
   1. The District shall pay to the retiring employee an amount equal to three-fourths (3/4) of the retiring employee’s current placement on the salary schedule, up to a maximum amount of $40,000 for retirements taken in the first year of eligibility, or up to a maximum amount of $30,000 for retirements taken in the second year of eligibility. This calculation does not include extra duty increments, phase monies, or extended contracts.  An employee meeting the eligibility criteria in the 2016-2017 school year may elect to participate in this plan for a period of two years, i.e., an employee may choose to retire in the first year of eligibility at the end of the 2016-2017 school year or in the second year of eligibility at the end of the 2017-2018 school year.  An employee who will meet the eligibility criteria in the 2017-2018 school year may elect to participate in this plan and retire at the end of the 2017-2018 school year.  If an otherwise eligible employee fails to elect by December 7, 2016 to participate in the plan as provided herein, the employee will no longer be eligible to participate in the plan.  
   2. Each retiring employee shall also receive, as a benefit under this plan, entitlement to participate, up to the employee turning age sixty-five (65) or to the date at which Medicare provides coverage, whichever occurs first, in the District’s group health insurance plan at the employee’s own cost, so long as the employee is permitted to continue coverage by the insurer, under the following additional terms:

• Said employee was enrolled in the health insurance plan prior to retirement and is eligible for the same coverage he/she had prior to retirement;
• Said employee must pay to the District, in advance, a sum equal to one (1) months’ premium, prior to the month seeking coverage, with the first payment due on the date of retirement;
• Once said employee discontinues his/her coverage under the District’s health insurance plan and/or fails to comply with
• subsection (b) above, he/she is ineligible to rejoin and/or receive coverage unless otherwise provided by law; and
• The coverage provided to said employee will be equivalent to that which is provided to certified employees through whatever group health insurance plan is sponsored by the District during the time that said employee is participating in the plan.  Nothing herein shall limit the District’s ability to change the terms of its existing health insurance plan, nor shall there be any guarantee that said employee will be provided any certain level of benefits.

2. Payment of benefits described in subsection (a)(i) above shall be made in two (2) installments.  The first payment shall be made on or before July 31 of the year in which retirement takes effect, and the second payment shall be made on or before January 31 of the year subsequent to the year in which retirement takes effect, with each such payment made to a tax sheltered annuity that is in compliance with the requirements for such plan under the Internal Revenue Code as designated by and in the name of the employee.
3. Employees are advised to seek independent advice with regard to tax or financial consequences associated with any action taken by them under this plan.
4. The Board has set the maximum number of early retirement assistance packages offered to certified employees at ten (10). Application date will be the basis by which the Board accepts early retirement assistance applications, i.e., the employee with the earliest application date will be given highest priority for acceptance.  If there is a tie between certified employees using this basis because more than the maximum number of applications is received on the same date, then the tie will be broken by seniority based on years of service to the District.

7.    RIGHT TO AMEND OR REVOKE

This plan is intended to be applicable to the 2016-2017 school year and the 2017-2018 school year.  However, the Board reserves the right to amend or revoke this plan or any provision of this plan at any time, with or without notice.

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

8.    EMPLOYEE RIGHTS

In the event this plan is altered or discontinued, persons who have retired from employment with the District under its provisions will continue to receive the benefits in effect and authorized by the Board at the time the employee’s letter of resignation was accepted.  

The adoption of this plan shall not vest any rights in any employee whether or not the employee is currently eligible for early retirement.  Furthermore, the District shall not be obligated to provide any plan benefits to any employee after the expiration date of the plan, except to those plan participants whose early retirement pursuant to this plan has commenced prior to the expiration date.

9.    STATUS OF PARTICIPANTS

 An employee who elects and is approved to participate in this plan will become a retired employee and will be entitled to all rights and privileges of retired employees under applicable law and the policies of the District.

Plan participants shall not be eligible to be rehired in any capacity with the District, nor shall the District be required to consider an application for employment from a plan participant; provided however, that, at the sole discretion of the Board, the District may employ plan participants as temporary substitute employees.

Each employee who elects to participate in the District’s plan must specifically agree to hold the District harmless and indemnify the District if the participant attempts to submit an application for employment or otherwise attempts to be reemployed with the District.

Approved: 11/9/16

Grinnell-Newburg Community School District, Grinnell, Iow

Code No. 408.1

LICENSED EMPLOYEE PROFESSIONAL DEVELOPMENT

The board encourages licensed employees to attend and participate in professional developmentactivities to maintain, develop, and extend their skills. The board will maintain and support an inserviceprogram for licensed employees.

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

The superintendent will have sole discretion to allow or disallow licensed employees to attend or participate in the requested event. When making this determination, the superintendent will consider the value of the program for the licensed employee and the school district, the effect of the licensed employee's absence on the education program and school district operations and the school district's financial situation as well as other factors deemed relevant in the judgment of the superintendent.

Requests that involve unusual expenses or overnight travel must also be approved by the board.

NOTE: This is a mandatory policy

Legal Reference:     
Iowa Code § 279.8
281 I.A.C. 12.7; 83.6

Cross Reference:     
414.9 Classified Employee Professional Purposes Leave

Approved 10/11/17

Grinnell-Newburg School District, Grinnell, IA

Code No. 408.2

LICENSED EMPLOYEE PUBLICATION OR CREATION OF MATERIALS

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

Legal Reference:     
Iowa Code § 279.8 (2013).
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 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 408.3

LICENSED EMPLOYEE TUTORING

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

Licensed employees may only tutor for a fee students other than those for whom the teacher is currently exercising teaching, administrative or supervisory responsibility.

Tutoring for a fee may not take place within school facilities or during regular school hours.

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

Cross Reference:     
401.12 Employee Conflict of Interest
402.6 Employee Outside Employment

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 409.1

LICENSED EMPLOYEE VACATION - HOLIDAYS - PERSONAL LEAVE

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

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

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

Legal Reference:     
Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (2013).

Cross Reference:     
414.1 Classified Employee Vacations - Holidays - Personal Leave
601.1 School Calendar

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 409.2

LICENSED EMPLOYEE PERSONAL ILLNESS LEAVE

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

Sick leave may be accumulated up to a maximum of 120 days for licensed employees.

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

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

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

NOTE: The first paragraph of this policy is a re-statement of Iowa law regarding sick leave for school district employees. School districts that have a different policy need to insert it there. The third paragraph is for those school districts that have a disability benefit plan. School districts that don't have a disability benefits plan should remove the paragraph.

Legal Reference:     
Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
29 U.S.C. §§ 2601 et seq. (2012)
29 C.F.R. Pt. 825 (2012).
Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2013).
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.
1952 Op. Att'y Gen. 91.

Cross Reference:     
403.2 Employee Injury on the Job
409.3 Licensed Employee Family and Medical Leave
409.8 Licensed Employee Unpaid Leave

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 409.3

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life. For purposes of this policy, year is defined as the school year, July 1 to June 30. 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.

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

NOTE: This policy is consistent with federal law regarding family and medical leave. The links below are to applicable forms on the U.S. Department of Labor Web site.

Links:     

• WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)
• WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)
• WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
• WH-382 Designation Notice (PDF)
• WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)
• WH-385 Certification for Serious Injury or Illness of Covered Servicemember -- for Military Family Leave (PDF)

Legal Reference:     
Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).
26 U.S.C. §§ 2601 et seq. (2012)
29 C.F.R. Pt. 825 (2012).
Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2013).
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.
1952 Op. Att'y Gen. 91.

Cross Reference:     
409.2 Licensed Employee Personal Illness Leave
409.8 Licensed Employee Unpaid Leave
414.3 Classified Employee Family and Medical Leave

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, I

Code No. 409.4

LICENSED EMPLOYEE BEREAVEMENT LEAVE

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

Legal Reference:     
Iowa Code §§ 20.9; 279.8 (2013).

Cross Reference:     
409 Licensed Employee Vacations and Leaves of Absence

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 409.5

LICENSED EMPLOYEE POLITICAL LEAVE

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

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

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

NOTE: Iowa law gives employees a right to political leave to run for public office. This policy reflects the law.

Legal Reference:     
Iowa Code ch. 55 (2013).

Cross Reference:     
401.9 Employee Political Activity
409 Licensed Employee Vacations and Leaves of Absence

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

Code No. 409.6

LICENSED EMPLOYEE JURY DUTY LEAVE

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

Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.

Licensed employees will receive their regular salary.

NOTE: This policy reflects the practice that the employee sign over checks received for jury duty to the school district. School districts which let employees keep their checks but then deduct the amount from the employee's salary, should reflect that practice in the third paragraph.

Legal Reference:     
Iowa Code §§ 20.9; 607A (2013).

Cross Reference:     
409 Licensed Employee Vacations and Leaves of Absence

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 409.7

LICENSED EMPLOYEE MILITARY SERVICE LEAVE

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

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

NOTE: This policy reflects Iowa law.

Legal Reference:     
Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
Iowa Code §§ 20; 29A.28 (2013).

Cross Reference:     
409 Licensed Employee Vacations and Leaves of Absence

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

Code No. 409.8

LICENSED EMPLOYEE UNPAID LEAVE

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

Legal Reference:     
Iowa Code §§ 20; 85; 85A; 85B; 279.12; 509; 509A; 509B (2013).

Cross Reference:     
409 Licensed Employee Vacations and Leaves of Absence

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 410.1

SUBSTITUTE TEACHERS

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

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

Substitute teachers will be paid a per diem rate as approved annually by the board. Substitute licensed employees are expected to perform the same duties as the licensed employees.

Legal Reference:     
Iowa Association of School Boards v. PERB, 400 N.W.2d 571 (Iowa 1987).
Iowa Code §§ 20.1, .4(5), .9; 272 (2013).
281 I.A.C. 12.4.

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

Approved 9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 410.2

SUMMER SCHOOL LICENSED EMPLOYEES

It is within the discretion of the board to offer an education program during the summer recess. Licensed employees who volunteer or who are appointed to deliver the summer education program are compensated in addition to their regular duties during the school academic year, unless such arrangements are made prior to determining the employee's compensation for the year.

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

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

Legal Reference:     
Iowa Code §§ 279.8; 280.14 (2013).

Cross Reference:     
603.2 Summer School Instruction

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 410.3

TRUANCY OFFICER

The County Attorney, Principals, and At Risk Counselors provides truancy officer services to the Grinnell-Newburg School District when notified on a case-by-case basis by the district.

NOTE: School districts are not required to have a truancy officer. School districts that do not have a truancy officer must assign the duties to another individual--for example, the building principals. This policy can be eliminated if there is no truancy officer.

Legal Reference:
Iowa Code §§ 299.10-.11, .15 (2013).

Cross Reference:
501.10 Truancy - Unexcused Absences

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 410.4

EDUCATION ASSOCIATE

The board may employ education associates or other instructional support personnel to assist licensed personnel in nonteaching duties, including, but not limited to:

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

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

Legal Reference:     
Iowa Code §§ 279.8; 280.3, .14 (2013).
281 I.A.C. 12.4(9); .5(9).

Cross Reference:     
411.2 Classified Employee Qualifications, Recruitment, Selection

Approved   9/23/2015

Grinnell-Newburg School District, Grinnell, I

Code No. 411.1

CLASSIFIED EMPLOYEE DEFINED

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

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

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

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

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

Code No. 411.2

CLASSIFIED EMPLOYEE - QUALIFICATIONS, RECRUITMENT, SELECTION

Persons interested in a classified employee position will have an opportunity to apply and qualify for classified employee positions in the school district without regard to age, race, creed, color, sex, national origin, religion, sexual orientation, gender identity or disability. Job applicants for classified employee positions will be considered on the basis of the following:

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

Announcement of the position will be through means the superintendent believes will inform potential applicants about the position. Applications for employment may be obtained from and completed applications will be returned to the central administration office. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who directly supervises and oversees the position.

The superintendent will recommend employment of classified employees to the board for approval. The requirements stated in the contracts between classified employees in the bargaining unit and the board regarding qualifications, recruitment and selection of such employees will be followed.

NOTE: Marital status is not protected class for employees. The class may be added at the discretion of the board. The law now gives the board the authority to delegate hiring of classified staff to the superintendent if it’s stated in board policy. The board has to specify in policy the classified positions the superintendent is authorized to hire. For more detailed discussion of this issue, see IASB’s Policy Primer, vol. 17 #6 - June 18,2004.

Legal Reference:     
29 U.S.C. §§ 621-634 (2012).
42 U.S.C. §§ 2000e et seq. (2012)
42 U.S.C. §§ 12101 et seq. (2012).
Iowa Code §§ 35C; 216; 279.8; 294.1 (2013).

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

Code No. 411.4

CLASSIFIED EMPLOYEE LICENSING/CERTIFICATION

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

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding licensing/certification of such employees will be followed.

Legal Reference:     
Iowa Code §§ 285.5(9) (2013).
281 I.A.C. 12.4(10); 36; 43.12-.24.

Cross Reference:     
411.2 Classified Employee Qualifications, Recruitment, Selection

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 411.5

CLASSIFIED EMPLOYEE ASSIGNMENT

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

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

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

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

Code No. 411.6

CLASSIFIED EMPLOYEE TRANSFERS

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

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

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

Legal Reference:     
29 U.S.C. §§ 621-634 (2012).
42 U.S.C. §§ 2000e et seq. (2012)
42 U.S.C. §§ 12101 et seq. (2012).
Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1 (2013).

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 411.7

CLASSIFIED EMPLOYEE EVALUATION

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

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

NOTE: This policy states that new and probationary employees will be formally evaluated at least twice a year. This is not a legal requirement but is a recommended practice. School districts with another practice should reflect that in the last sentence of the second paragraph.

Legal Reference:     
Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).
Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).
Iowa Code §§ 20.9; 279.14 (2013).
281 I.A.C. 12.3(3).

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

Approved   9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 411.8

CLASSIFIED EMPLOYEE PROBATIONARY STATUS

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

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

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

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

Cross Reference:     
411.3 Classified Employee Contracts
411.7 Classified Employee Evaluation

Approved   9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 412.1

CLASSIFIED EMPLOYEE COMPENSATION

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

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

Legal Reference:     
Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2013).

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 412.2

CLASSIFIED EMPLOYEE WAGE AND OVERTIME COMPENSATION

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

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

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

NOTE: Federal law requires compensation at time and one-half the regular rate for work over 40 hours per week, whether in monetary form or compensatory time.

Legal Reference:     
Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985).
29 U.S.C. §§ 206 et seq. (2012).

Cross Reference:     
411.3 Classified Employee Contracts
412.1 Classified Employee Compensation

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

Code No. 412.3

CLASSIFIED EMPLOYEE GROUP INSURANCE BENEFITS

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

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

Legal Reference:     
Iowa Code §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B (2013).

Cross Reference:     
411.1 Classified Employee Defined

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 412.4

CLASSIFIED EMPLOYEE TAX SHELTER PROGRAMS

The board authorizes the administration to make a payroll deduction for classified employees' tax sheltered annuity premiums purchased from a company or program chosen by the board and collective bargaining units.

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

Legal Reference:     
Small Business Job Protection Act of 1996, Section 1450(a), repealing portions of IRS REG § 1.403(b)-1(b)(3).
Iowa Code §§ 20.9; 260C; 273; 294.16 (2013).
1988 Op. Att'y Gen. 38.
1976 Op. Att'y Gen. 462, 602.
1966 Op. Att'y Gen. 211, 220.

Cross Reference:     
706 Payroll Procedures

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

Code No. 413.1

CLASSIFIED EMPLOYEE RESIGNATION

Classified employees who wish to resign during the school year will give the board notice of their intent to resign and final date of employment and cancel their contract 14 days prior to their last working day.

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

Legal Reference:     
Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9) (2013).

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

Code No 413.2

NON-CERTIFIED EMPLOYEE VOLUNTARY EARLY RETIREMENT ASSISTANCE PLAN

1.    PURPOSE

It is the expressed intent of the Board, through this plan, to provide the District’s non-certified employees with the option and opportunity for early retirement from their employment with the District.  This plan is designed to show the District’s appreciation for the services an employee has rendered to the District, and to maximize use of District funds through replacement savings.

2.    STATEMENT OF NON-DISCRIMINATION

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

3.    ELIGIBILITY

A Non-Certified Employee is eligible for retirement assistance under this plan if the employee:

1. has reached the age of sixty (60) on or before the actual date of retirement, has worked at least ten (10) years of service total for the District and has continuously worked a minimum of the most recent five years of service at the District and is actively employed on at least a half-time basis during the five years prior to retirement,
2. or has reached the age of fifty-five (55) on or before the actual date of retirement, has worked at least twenty (20) years of service total for the District and has continuously worked a minimum of the most recent five years of service at the District and is actively employed on at least a half-time basis during the five years prior to retirement,
3. notifies the Board as provided by this plan, and, in any event, not later than December 7, 2016,
4. retires not later than June 30 of the year in which retirement is to take effect per the Resignation and Request for Early Retirement Assistance Form,
5. is not eligible for, applying for, or receiving benefits under any other assistance plan offered through the District such as the group long-term disability insurance plan,
6. has not received a notice concerning termination of the employee’s employment, unless the notice is based upon reasons which are related to staff reduction, and
7. has not previously received retirement assistance benefits from the District.

4.    DEFINITION OF TERMS

1. Non-certified Employee – paraeducators, food service personnel, physical plant employees, secretaries, administrative assistants, and transportation personnel
2. Years of service - years of employment including complete school years or complete fiscal years
3. “Continuously worked” - Continuous employment must be without any voluntary interruptions of service.  Interruptions due to reductions in force or due to approved leaves of absence will not constitute a voluntary interruption in service, unless the interruption or leave exceeds twelve (12) consecutive months in length.  However, the period of time during which an employee is absent due to a reduction in force or due to an approved leave will not be counted for purposes of determining the minimum years of service required to establish eligibility.

5.    APPLICATIONS

1. Under ordinary circumstances, applications must be received by the Board Secretary not later than December 7, 2016.  However, the advance notice requirement may be waived at the discretion of the Superintendent.  Any decision by the Superintendent to waive the advance notice requirement shall not establish any precedent with regard to future applications which fail to meet the advance notice requirement.
2. The date of retirement for eligible employees will ordinarily be the end of the individual’s contract year or the end of a school term.  However, another date may be requested and approved by the Board.
3. Application materials must include the following forms:
   
   1. Resignation and Request for Early Retirement Assistance
   2. Designation of Beneficiary Form
   3. Release of Claims Form
   4. Agreement Not to Reapply for Employment.  (However, this agreement does not prohibit the School District from offering employment to the employee in the future.)
4. An employee’s application for retirement assistance benefits is not, in itself, a resignation nor does it require the Board to accept the application.  However, acceptance by the Board of an employee’s application for retirement assistance will be considered a voluntary resignation and termination of the employee’s contract of employment.  If the Board does not accept the employee’s application, the employee’s contract will continue in effect.

6.    RETIREMENT ASSISTANCE BENEFITS

1. The retirement assistance benefits shall consist of the following:
   
   1. The District shall pay to the retiring employee an amount equal to three-fourths (3/4) of the retiring employee’s current placement on the salary schedule, up to a maximum amount of $40,000 for retirements taken in the first year of eligibility, or up to a maximum amount of $30,000 for retirements taken in the second year of eligibility. This calculation does not include extra duty increments, phase monies, or extended contracts.  An employee meeting the eligibility criteria in the 2016-2017 school year may elect to participate in this plan for a period of two years, i.e., an employee may choose to retire in the first year of eligibility at the end of the 2016-2017 school year or in the second year of eligibility at the end of the 2017-2018 school year.  An employee who will meet the eligibility criteria in the 2017-2018 school year may elect to participate in this plan and retire at the end of the 2017-2018 school year.  If an otherwise eligible employee fails to elect by December 7, 2016 to participate in the plan as provided herein, the employee will no longer be eligible to participate in the plan.  
   2. Each retiring employee shall also receive, as a benefit under this plan, entitlement to participate, up to the employee turning age sixty-five (65) or to the date at which Medicare provides coverage, whichever occurs first, in the District’s group health insurance plan at the employee’s own cost, so long as the employee is permitted to continue coverage by the insurer, under the following additional terms:

• Said employee was enrolled in the health insurance plan prior to retirement and is eligible for the same coverage he/she had prior to retirement;
• Said employee must pay to the District, in advance, a sum equal to one (1) months’ premium, prior to the month seeking coverage, with the first payment due on the date of retirement;
• Once said employee discontinues his/her coverage under the District’s health insurance plan and/or fails to comply with subsection (b) above, he/she is ineligible to rejoin and/or receive coverage unless otherwise provided by law; and
• The coverage provided to said employee will be equivalent to that which is provided to non-certified employees through whatever group health insurance plan is sponsored by the District during the time that said employee is participating in the plan.  Nothing herein shall limit the District’s ability to change the terms of its existing health insurance plan, nor shall there be any guarantee that said employee will be provided any certain level of benefits.

2. Payment of benefits described in subsection (a)(i) above shall be made in two (2) installments.  The first payment shall be made on or before July 31 of the year in which retirement takes effect, and the second payment shall be made on or before January 31 of the year subsequent to the year in which retirement takes effect, with each such payment made to a tax sheltered annuity that is in compliance with the requirements for such plan under the Internal Revenue Code as designated by and in the name of the employee.
3. Employees are advised to seek independent advice with regard to tax or financial consequences associated with any action taken by them under this plan.
4. The Board has set the maximum number of early retirement assistance packages offered to non-certified employees at ten (10). Application date will be the basis by which the Board accepts early retirement assistance applications, i.e., the employee with the earliest application date will be given highest priority for acceptance.  If there is a tie between non-certified employees using this basis because more than the maximum number of applications is received on the same date, then the tie will be broken by seniority based on years of service to the District.

7.    RIGHT TO AMEND OR REVOKE

This plan is intended to be applicable to the 2016-2017 school year and the 2017-2018 school year.  However, the Board reserves the right to amend or revoke this plan or any provision of this plan at any time, with or without notice.

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

8.    EMPLOYEE RIGHTS

In the event this plan is altered or discontinued, persons who have retired from employment with the District under its provisions will continue to receive the benefits in effect and authorized by the Board at the time the employee’s letter of resignation was accepted.  

The adoption of this plan shall not vest any rights in any employee whether or not the employee is currently eligible for early retirement.  Furthermore, the District shall not be obligated to provide any plan benefits to any employee after the expiration date of the plan, except to those plan participants whose early retirement pursuant to this plan has commenced prior to the expiration date.

9.    STATUS OF PARTICIPANTS

An employee who elects and is approved to participate in this plan will become a retired employee and will be entitled to all rights and privileges of retired employees under applicable law and the policies of the District.

Plan participants shall not be eligible to be rehired in any capacity with the District, nor shall the District be required to consider an  application for employment from a plan participant; provided however, that, at the sole discretion of the Board, the District may employ plan participants as temporary substitute employees.

Each employee who elects to participate in the District’s plan must specifically agree to hold the District harmless and indemnify the District if the participant attempts to submit an application for employment or otherwise attempts to be reemployed with the District.

Approved: 11/9/16

Grinnell-Newburg Community School District, Grinnell, IA

Code No. 413.3

CLASSIFIED EMPLOYEE SUSPENSION

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

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

Legal Reference:     
Northeast Community Education Association v. Northeast Community School
District, 402 N.W.2d 765 (Iowa 1987).
McFarland v. Board of Education of Norwalk Community School District, 277
N.W.2d 901 (Iowa 1979).
Iowa Code §§ 20.7, .24 (2013).

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 413.4

CLASSIFIED EMPLOYEE DISMISSAL

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

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

Legal Reference:     
Iowa Code §§ 20.7, .24 (2013).

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

Approved 9/23/15           

Grinnell-Newburg School District, Grinnell, IA

Code No. 413.5

CLASSIFIED EMPLOYEE REDUCTION IN FORCE

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

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

Legal Reference:     
Iowa Code §§ 20.7, .24 (2013).

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

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

Code No. 414.1

CLASSIFIED EMPLOYEE VACATIONS - HOLIDAYS - PERSONAL LEAVE

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

The requirements stated in the Master Contracts between classified employees and the board regarding classified employee vacation, holidays, and personal leave will be followed..

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

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

Legal Reference:     
Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (2013).

Cross Reference:     
409.1 Licensed Employee Vacations - Holidays - Personal Leave
601.1 School Calendar

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 414.2

CLASSIFIED EMPLOYEE PERSONAL ILLNESS LEAVE

The requirements stated in the Master Contracts between classified employees and the board regarding classified employee personal illness leave will be followed.

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

Evidence may be required regarding the mental or physical health of the employee including, but not limited to, confirmation of the following: the employee's illness, the need for the illness leave, the employee's ability to return to work, and the employee's capability to perform the duties of the

employee's position. It is within the discretion of the board and the superintendent to determine the type and amount of evidence necessary. When an illness leave will be greater than three consecutive days, the employee will comply with board policy regarding family and medical leave.

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

Legal Reference:     
Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
26 U.S.C. §§ 2601 et seq. (2012)
29 C.F.R. Pt. 825 (2012).
Iowa Code §§ 20; 85.33, .34, .38(3); 279.40 (2013).
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.
1952 Op. Att'y Gen. 91.

Cross Reference:     
403.2 Employee Injury on the Job
414.3 Classified Employee Family and Medical Leave
414.8 Classified Employee Unpaid Leave

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, I

Code No. 414.3

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life. For purposes of this policy, year is defined as July 1 to June 30. Requests for family and medical leave are 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.

NOTE: This policy is consistent with federal law regarding family and medical leave. The links below are to applicable forms on the U.S. Department of Labor Web site.

Links:    
WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)
WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)
WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
WH-382 Designation Notice (PDF)
WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)
WH-385 Certification for Serious Injury or Illness of Covered Servicemember -- for Military Family Leave (PDF)

Legal Reference:     
Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).
29 U.S.C. §§ 2601 et seq. (2012)
29 C.F.R. Pt. 825 (2012).
Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2013).
1980 Op. Att'y Gen. 605.
1972 Op. Att'y Gen. 177, 353.
1952 Op. Att'y Gen. 91.

Cross Reference:     
409.2 Licensed Employee Personal Illness Leave
409.3 Licensed Employee Family and Medical Leave
409.8 Licensed Employee Unpaid Leave

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 414.4

CLASSIFIED EMPLOYEE BEREAVEMENT LEAVE

The requirements stated in the Master Contracts between classified employees and the board regarding classified employee bereavement leave will be followed.

NOTE: Benefits provided by this policy are all at the discretion of the board unless prescribed by the Master Contract. The individuals outlined in the first paragraph may not reflect a board's actual practice and should be amended to do so.

Legal Reference:     
Iowa Code §§ 20.9; 279.8 (2013).

Cross Reference:     
414 Classified Employee Vacations and Leaves of Absence

Approved   9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 414.5

CLASSIFIED EMPLOYEE POLITICAL LEAVE

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

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

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

NOTE: Iowa law gives employees a right to political leave to run for public office. This policy reflects the law.

Legal Reference:     
Iowa Code ch. 55 (2013).

Cross Reference:     
401.9 Employee Political Activity
414 Classified Employee Vacations and Leaves of Absence

Approved   9/23/2015

Grinnell-Newburg School District, Grinnell, I

Code No. 414.6

CLASSIFIED EMPLOYEE JURY DUTY LEAVE

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

Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.

Classified employees will receive their regular salary.

NOTE: This policy reflects the practice that the employee sign over checks received for jury duty to the school district. School districts which let employees keep their checks but then deduct the amount from the employee's salary, should reflect that practice in the third paragraph.

Legal Reference:     
Code §§ 20.9; 607A (2013).

Cross Reference:     
414 Classified Employee Vacations and Leaves of Absence

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 414.7

CLASSIFIED EMPLOYEE MILITARY SERVICE LEAVE

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

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

NOTE: This policy reflects Iowa law.

Legal Reference:     
Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
Iowa Code §§ 20; 29A.28 (2013).

Cross Reference:     
414 Classified Employee Vacations and Leaves of Absence

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 414.8

CLASSIFIED EMPLOYEE UNPAID LEAVE

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

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

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

The requirements stated in the Master Contracts between classified employees and the board regarding classified employees unpaid leave will be followed.

Legal Reference:     
Iowa Code §§ 20.9; 279.8 (2013).

Cross Reference:     
414 Classified Employee Vacations and Leaves of Absence

Approved  9/23/2015

Grinnell-Newburg School District, Grinnell, IA

Code No. 414.9

CLASSIFIED EMPLOYEE PROFESSIONAL PURPOSES LEAVE

Professional purposes leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments. Application for the leave must be presented to the superintendent 14 days prior to the meeting or conference for full consideration.

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.

Legal Reference:     
Iowa Code § 279.8 (2013).
281 I.A.C. 12.7.

Cross Reference:     
411 Classified Employees - General
408.1 Classified Employee Professional Development

Approved   9/23/2015

Grinnell-Newburg School District, Grinnell, IA