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

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

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

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

Legal Reference:  

     7 C.F.R. 3016.36(3)    

     Iowa Code §§ 20.7; 68B; 279.8; 301.28.

Cross Reference:                                 

     203       Board of Directors' Conflict of Interest

     402.4    Gifts to Employees

     402.6    Employee Outside Employment

     404       Employee Conduct and Appearance

Approved:   12/9/1996                                                          Reviewed: 11/14/2022                                                        Revised: 11/14/2022

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

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

• the matter has been officially closed by the law enforcement agency;

• the individual is acquitted or otherwise exonerated of the alleged misconduct; or

• more than four years have passed since the case was opened, and no charges or indictment have been filed. 

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

Legal Reference:  

20 U.S.C. §7926;

Iowa Code §256

Cross Reference:

     401.05    Employee Records 

      401.05-R1  Employee Records - Regulation

     402.02    Child Abuse Reporting

     402.03    Abuse of Students by School District Employees

     405.02    Licensed Employee Qualifications Recruitment, Selection

     411.02    Classified Employee Qualifications, Recruitment, Selection 

Approved:  2/10/2020                              Reviewed: 07/08/2024                          Revised: 07/08/2024

Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position may be reimbursed at 80% of the federal rate on July 1st  per mile.  It is the responsibility of the superintendent to approve travel within the school district by employees.  It is the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.

Travel allowances within the district will be provided only after board approval.  Employees who are allowed a within district travel allowance will have the amount of the allowance actually received during each calendar year included on the employee's W-2 form as taxable income according to the Internal Revenue Code.

Legal Reference:      

     Iowa Constitution, Art. III, § 31.

     Iowa Code §§ 70A.9-.11 

Cross Reference:      

     216.3   Board of Directors' Member Compensation and Expenses

     401.10  Credit Cards

     904.1   Transporting Students in Private Vehicles

Approved:  12/9/1996                                                             Reviewed:   9/12/2022                                               Revised: 9/12/2022

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.

Legal Reference:      

     Iowa Const. Art. III, ß 31.

     Iowa Code ß 279.8.

Approved:   12/9/1996                                                            Reviewed:  9/12/2022                                                        Revised:  09/12/2022

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

Violation of this policy may be grounds for disciplinary action.

Legal Reference:      

     Iowa Code §§ 55; 279.8.

Cross Reference:  

     409.2     Employee Leaves of Absence

Approved:   12/9/1996                                                          Reviewed:   09/12/2022                                               Revised: 09/12/2022

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

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

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

Legal References:

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

     Iowa Code §§ 279.8; 321.276.

Cross References:

     406 Licensed Employee Compensation and Benefits

     412 Classified Employee Compensation and Benefits

     707.5 Internal Controls

Approved:  11/14/2022                    Reviewed:  __________                     Revised:  ________                   

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

Employees will comply with the Iowa law to the extent that compliance does not infringe on employee' free speech rights.

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

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

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

Legal Reference: 

     U.S. Const. Amend. I

     Kennedy v. Bremerton School District, 597 U.S. 2002

     Iowa Code §§ 279.73; 280.22

Cross Reference: 

     502.3 Student Expression

     504.3 Student Publications

                              Approved:  10/11/2021                                Reviewed:  11/14/2022                              Revised:   11/14/2022      

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

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

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

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

Legal Reference:          

     Iowa Code §§ 232.67-.77; 232A; 235A; 280.17.

     441 I.A.C. 9.2; 155; 175.   

Cross Reference:  

     401.6  Limitations to Employment References   

     402.3   Abuse of Students by School District Employees

     502.9   Interviews of Students by Outside Agencies

     507.1   Student Health and Immunization Certificates

 Approved:   12/9/1996               Reviewed:   08/14/2023             Revised: 08/14/2023

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

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

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

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

Legal Reference:      

     Iowa Code  §§ 232.67, .70, .73, .75; 235A; 256.160; 272A; 280.17; 709;728.12(1).

     281 I.A.C. 12.3(6), 102; 103.

     441 I.A.C. 155; 175.

Cross Reference:

      104        Anti-Bullying/Harassment

     104-R1   Anti-Bullying/Harassment Policy - Investigation Procedures

     104-E1   Anti-Bullying/Harassment Policy - Complaint Form

     104-E2   Anti-Bullying/Harassment Policy - Witness Disclosure Form

     104-E3   Anti-Bullying/Harassment Policy - Disposition of Complaint Form

      401.6    Limitations of Employment References

     402.2    Child Abuse Reporting

     503.5     Corporal Punishment

     503.6     Physical Restraint and Seclusion of Students

     503.6-R1  Physical Restraint and Seclusion of Students - Regulation

     503.6-E1  Physical Restraint and Seclusion of Students - Documentation Form

     503.6-E2  Physical Restraint and Seclusion of Students - Debriefing Letter go Guardian of student Involved in an Occurrence Where Physical Restraint or Seclusion was Used

     503.6-E3  Physical Restraint and Seclusion of Students - Debriefing Meeting Document

Approved:   12/9/1996                                       Reviewed:      07/08/2024                                      Revised: 07/08/2024

• Funeral flowers or memorials to a church or nonprofit organization;
• Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;
• Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or
• Gifts other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee.
• Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions. The costs of food, drink, lodging and travel are not "registration costs" under this paragraph. Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.

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

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

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

Legal Reference:    

     Iowa Code ch. 68B.

     1970 Op. Att'y Gen. 319.

Cross Reference:    

     217     Gifts to Board of Directors

     401.2  Employee Conflict of Interest

     704.4  Gifts-Grants-Bequests

Approved:   12/9/1996                                                              Reviewed:  11/14/2022                                                       Revised:  11/14/2022

The Tipton Community School believes good health is important to job performance. School bus drivers will present evidence of good health upon initial hire and every other year in the form of a physical examination report, unless otherwise required by law or medical opinion. All other employees shall present evidence of good health, in the form of a post-offer examination if determined necessary by the superintendent of schools or designee.

The cost of the initial examination will be paid by the Tipton Community School District. . The form indicating the employee is able to perform the duties, with or without reasonable accommodation, for which the employee was hired, must be returned prior to the performance of duties. The cost of bus driver renewal physicals will be paid by the school district at 100% if the driver utilizes the district designated physician or district designated certified medical examiner for bus drivers.  The driver will be reimbursed up to the cost charged by the district designated physician or certified medical examiner if the driver chooses to use a non-designated physician or examiner. The school district will provide the standard examination form to be completed by the personal physician of the employee or a certified medical examiner for bus drivers. 

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

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

Legal Reference:         

     29 C.F.R. § 1910.1030.

     49 C.F.R. §§ 391.41 – 391.49.

     Iowa Code §§ 20.9; 279.8; 321.376.

      281 I.A.C. 43.15; 43.17.

Cross Reference:         

     403      Employees' Health and Well-Being

Approved:        12/9/1996                                                              Reviewed:    11/14/2022                               Revised:       6/12/2017            

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

The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion, and post-accident, drug and alcohol testing.  Employees operating school vehicles will not perform a safety-sensitive function within eight 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 defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the transportation director at 400 E. 6th St., Tipton, IA.   

Employees who violate the terms of this policy are subject to discipline up to and including termination.  The district is required to keep a record of all drug or alcohol violations by employees for a minimum of five years.  Employees are put on notice that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.  Additionally, the district will conduct FMCSA Clearinghouse queries for employees annually.  Employees must provide written consent for the district to conduct FMCSA Clearinghouse queries; however, employees who choose to withhold consent will be prohibited from performing any safety-sensitive functions. It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law.  The superintendent will inform applicants of the requirement for drug and alcohol testing in notices or advertisements for employment. 

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

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

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

Legal Reference:      

     American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd   

     405 Cir. (4th 1995).

     42 U.S.C. §§ 5331 et seq.

     42 U.S.C. §§ 12101

     41  U.S.C. §§ 81.

     49 C.F.R. Pt. 40; 382; 

     34 C.F.R. Pt. 85 

     Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of

     Burlington, PERB No. 3876 (3-26-91). 

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

Cross Reference:

     403.5       Substance-Free Workplace

     403.5R1   Substance-Free Workplace - Regulation

     403.5E1   Substance-Free Workplace - Notice to Employees

     409.2  Employee Leaves of Absence 

Approved:  12/9/96                                                          Reviewed:         11/14/2022                                                   Revised:  11/14/2022   

CHAPTER 25

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

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

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

“Board” means the Iowa board of educational examiners.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

●    Lascivious acts with a child;

●    Assault with intent to commit sexual abuse;

●    Indecent contact with a child;

●    Sexual exploitation by a counselor;

●    Lascivious conduct with a minor;

●    Sexual exploitation by a school employee;

●    Enticing a minor under Iowa Code section 710.10; or

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

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

4.    Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code section 728.2;

5.    Telephone dissemination of obscene material to minors as prohibited by Iowa Code section 728.15;

6.  Any offense specified in the laws of another jurisdiction, or any offense that may be prosecuted in  a  federal,  military,  or  foreign court,  that is  comparable to  an  offense listed in  subparagraph 25.3(1)“b”(1); or

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

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

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

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

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

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

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

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

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

d.   Sexual exploitation of a minor. The commission of or any conviction for an offense prohibited by Iowa Code section 728.12, Iowa Code chapter 709 or 18 U.S.C. Section 2252A(a)(5)(B).e.  Student abuse. Licensees shall maintain professional relationships with all students, both inside and outside the classroom. The following acts or behavior constitutes unethical conduct without regard to the existence of a criminal charge or conviction:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A.    Violation of this standard includes:

(1)   Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract unless provided notice to the practioner's employing board as set forth in subparagraph 25.3(5)"b"(2)

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

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

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

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

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

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

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

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

3.    June 30.

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

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

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

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

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

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

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

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

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

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

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

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

l.     Delegating tasks to unqualified personnel.

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

n.  Allowing another person to use one’s practitioner license for any purposeo.   Performing services beyond the authorized scope of practice for which the individual is licensed or prepared or performing services without holding a valid license.

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

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

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

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

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

b.    Failing to comply with 282—Chapter 10 concerning child support obligations.

c.    Failing to comply with a board order.

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

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

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

Legal Reference:

      Iowa Code § 279.8

Cross References:

104    Anti-Bullying/Harassment Policy

104-R1     Anti-Bullying/Harassment Policy-Investigation Procedures

104-E1    Anti-Bullying/Harassment Policy - Complaint Form

104-E2    Anti-Bullying/Harassment Policy - Witness Disclosure Form

104-E3    Anti-Bullying/Harassment Policy - Disposition of Complaint Form

305      Administrator Code Of Ethics

401.2    Employee Conflict of Interest

 401.11    Employee Orientation

403.5      Substance-Free Workplace

403.5R1    Substance-Free Workplace Regulation

 403.5E1   Substance-Free Workplace - Notice to Employees

407.4         Licensed Employee Suspension

413.3     Classified Employee Suspension

413.4    Classified Employee Dismissal

Approved:     July 2016                                                          Reviewed:   02/13/2023                                              Revised: 02/13/2023

CHAPTER 26

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

282-26.2 (272) Rights. Educators licensed under IOWA CODE chapter 272 have the following rights:

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

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

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

282-26.3 (272) Responsibilities. Educators licensed under IOWA CODE chapter 272 have the following responsibilities:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       Approved:  02/13/2023                           Reviewed:  __________                       Revised:  __________

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

281 I.A.C. 12.4

282 I.A.C. 14.

Cross Reference:      

405.2  Licensed Employee Qualifications, Recruitment Selection

406.5. Licensed Employee Group Insurance Benefits (I,II)

410.1  Substitute Teachers

411.1  Classified Employee Defined

Approved:   12/9/1996                 Reviewed: 02/13/2023            Revised:   02/13/2023

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

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

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

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

The requirements stated in the TEA Labor Handbook regarding qualifications, recruitment and selections of such employees will be followed.

Legal Reference:         

29 U.S.C. §§ 621-634 

42 U.S.C. §§ 2000e, 12101

Iowa Code §§ 20; 35C; 84A6(4)(b); 216; 256.27; 279.13

281 I.A.C. 12.

282 I.A.C. 14.

Cross Reference:         

401.1   Equal Employment Opportunity

405.      Licensed Employees - General

410.1   Substitute Teachers

Approved:  12/09/1996                            Reviewed: 05/13/2024                                          Revised: 05/13/2024

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

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

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

Legal Reference:    

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

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

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

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

            Iowa Code §§ 272; 279.

Cross Reference:  

 401.1  Licensed Employee Resignation

405.3   Licensed Employee Individual Contracts

           405.9   Licensed Employee Probationary Status

           407.2    Licensed Employee Contract Release

Approved:   12/9/1996      Reviewed: 02/13/2023     Revised: 02/13/2023

Upon appropriate written authorization from the employee, the Board shall deduct from the salary of any employee and make appropriate remittance for annuities, insurances, United Fund, Credit Union, or any other plans or programs.

Legal Reference:      

Iowa Code §§ 260C; 273; 294.16.

Cross Reference:                                 

706.2  Payroll Deductions

Approved:   12/9/1996                 Reviewed:  02/13/2023                  Revised: 02/13/2023

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.

Cross Reference:                                 

405.3  Licensed Employee Individual Contracts

405.4  Licensed Employee Continuing Contracts

Approved:  12/9/1996               Reviewed:  02/13/2023              Revised:   02/13/2023

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.

Legal Reference:      

Iowa Code §§ 97B; 216; 279.46.

581 I.A.C. 21.

Cross Reference:      

407.2  Licensed Employee Contract Release

407.6  Licensed Employee Early Retirement

4076E1 Licensed Employee Early Retirement - Acknowledgement of Receipt

407.6E2 Licensed Employee Earl Retirement - Insurance Options

407.6E3 Licensed Employee Early Retirement - Application

Approved:   12/9/1996                   Reviewed   02/13/2023                Revised:  02/13/2023 

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 followed.

Legal Reference:    

Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765, 769 (Iowa 1987).

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

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

Cross Reference:    

404  Employee Conduct and Appearance

404-R1 Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation

404-R2 Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation

407.5 Licensed Employee Reduction in Force

Approved:   12/9/1996                    Reviewed:     02/13/2023                Revised:  02/13/2023

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 requirements stated in the TEA Labor Handbook regarding the reduction in force of such employees shall be followed.

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.

Legal Reference:      

Iowa Code §§20

Cross Reference:      

407.4  Licensed Employee Suspension

413.5  Classified Employee Reduction in Force

Approved:   12/9/1996                    Reviewed:     02/13/2023           Revised:  02/13/2023 

The school district offers an early retirement plan for full-time licensed employees. Full-time licensed employees are licensed employees who are regularly scheduled to work hours per week and who are currently performing their assigned duties within the school district. A licensed employee is eligible under the early retirement plan when the licensed employee:

• Is at least age 55 prior to the start of the next school year.

• Completes a total of 15 years of service as a full-time licensed employee to the school district;

• Submits an application to the superintendent for participation in the plan on or before Wednesday of the first week of February of the year in which the licensed employee wishes to retire. Applications submitted after Wednesday of the first week of February may be considered at the discretion of the board depending on the circumstances for the late application;

• Submits a written resignation. The resignation may be contingent upon approval by the board of participation in the voluntary early retirement plan; and,

• Receives board approval of the licensed employee's application for participation in the early retirement plan, of the licensed employee's resignation and of the disbursement of early retirement incentive to the licensed employee.

Approval by the board of the licensed employee's early retirement application shall constitute a voluntary resignation. Approval by the board of the licensed employee's early retirement application will also make the licensed employee eligible for disbursement of the early retirement incentive the sooner of July 1 following the licensed employee's approval for early retirement or a date mutually agreed upon by the school district and the licensed employee. Failure of the board to approve the licensed employee's early retirement application will make the licensed employee's current contract with the board continue in full force and effect.  

The board has complete discretion to offer or not to offer an early retirement plan for licensed employees. The board may discontinue the school district's early retirement plan at any time. 

Legal Reference:

29 U.S.C. §§ 621 et seq.

Iowa Code §§ 97B; 216; 279.46; 509A.13.

Cross Reference:

407.3 Licensed Employee Retirement

413.2 Classified Employee Retirement

Approved:  2/13/2023                      Reviewed:  __________                Revised:  ___________

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

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

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

Legal Reference:      

Iowa Code §§ 20.7; 279.8.

Cross Reference:

401.2 Employee Conflict of Interest

402.6 Employee Outside Employment

Approved:   12/9/1996                    Reviewed:   02/13/2023               Revised:  02/13/2023

Legal Reference:      

     26 U.S.C. ß 2601 et seq.

     Pub.L.116-127

     29 C.F.R. Pt. 825; 826

     Iowa Code ßß 20; 29A; 55; 85: 216; 279.40; 607A

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

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

Cross Reference:

     401.9  Employee Political Activity

     403.2  Employee Injury on the Job

     403.6  Drug and Alcohol Testing Program

     403.6E1 Drug and Alcohol Testing Program - Notice to Employees

     406.6E2 Drug and Alcohol Testing Program - Pre-Employment Testing Acknowledgement Form

     403.6E3 Drug and Alcohol Testing Program - Written Consent to Share Information

     409.3  Employee Family and Medical Leave

     409.3R1 Employee Family and Medical Leave - Regulation

     409.3R2 Employee Family and Medical Leave - Definitions

     409.3E1 Employee Family and Medical Leave - Notice to Employees

     409.3E2 Employee Family and Medical Leave - Request Form

     706.3  Pay Deduction

     706.3R1 Pay Deduction Regulation Form

Approved:   12/9/1996                                  Reviewed:  04/10/2023                            Revised:   04/10/2023

Unpaid family and medical leave will be granted up to twelve (12) weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as a “rolling” twelve (12) month period measured backward from the date of any FMLA leave usage.  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.

Links:

https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

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:

     29 U.S.C. §§ 2601 et seq.

     29 C.F.R. § 825.

     Iowa Code §§ 20; 85; 216; 279.40.

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

Cross Reference:

     409.2  Employee Leaves of Absence

Approved:  12/9/96                                                      Reviewed: 04/10/2023                                                  Revised:  8/10/2020

The Tipton Community School District shall offer summer school options in accordance with law and may, in its discretion offer additional programming 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.

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.

Cross Reference:    

    505.2 Student Promotion – Retention - Acceleration

    603.2    Summer School Instruction

Approved      12/9/1996                Reviewed     04/10/2023                  Revised      10/09/2017            

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 to supervise education associates.

Legal Reference:      

     Iowa Code §§ 279.8; 280.3, .14.

     281 I.A.C. 12.4(9); .5(9).

Cross Reference:      

     411.2  Classified Employee Qualifications, Recruitment, Selection

Approved:   12/9/1996                    Reviewed:   04/10/2023               Revised:  04/10/2023

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

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

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

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

The requirements stated in the Classified Employee Handbook regarding qualifications, recruitment and selections of such employees will be followed.

NOTE: This is a mandatory policy.  The board has the authority to delegate hiring of classified staff to the superintendent if it is stated in board policy.  The board has to specify in policy the classified positions the superintendent is authorized to hire. 

Legal Reference:  

29 U.S.C. §§ 621-634.

42 U.S.C. §§ 2000e; 12101 et seq. 

           Iowa Code §§ 20; 35C; 84A.6(4)(b); 216; 279.8; 279.20

            281 I.A.C. 12

Cross Reference:    

401.1    Equal Employment Opportunity

411.      Classified Employee General

Approved:      12/9/1996     Reviewed:    05/13/2024          Revised  05/13/2024  

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

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

Legal Reference:      

Iowa Code §§ 20; 279.8.

Cross Refererence:

200.2  Powers of Board of Directors

411.6  Classified Employee Transfers

Approved:   12/9/1996                   Reviewed:  04/10/2023               Revised:  04/10/2023

Classified employees may be eligible for group insurance and health  benefits.  The board will select the group insurance program(s) and the insurance company or third pary administrator which will provide or administer the program.

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer classified employees, who are expected to work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, with minimum essential coverage that is both affordable and provides minimum value.  The board will utilize the applicable measurement period to determine whether variable hourly employees qualify for an offer of insurance coverage under the district's group health plan. The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its employees.

Classified employees, who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan. Classified employees who work _30 hours per week are eligible to participate in dental and vision group insurance plans. Employers should maintain documents regarding eligible employees' acceptance and rejection of coverage.

Regular part-time classified employees (i.e. employees who work less than 30 hours per week or 130 hours per month for health benefit purposes or employees who work less than 30 hours per week for benefits other than health) who wish to purchase coverage may participate in group benefit programs by meeting the requirements of the applicable plan. Full-time and regular part-time classified employees who wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.

Classified employees and their spouse and dependents may be allowed to continue coverage of the school district's group health insurance program if they cease employment with the school district by meeting the requirements of the insurer.

The requirements stated in the Classified Staff Handbook between employees and the board regarding the group insurance benefits of such employees shall be followed.

Legal Reference:      

Iowa Code §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B (1995).

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

Shared Responsibility for Employers Regarding Health Coverage, 26, CFR Parts

    1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013).

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 

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

Cross Reference:                                 

411.1  Classified Employee Defined

Approved:   12/9/1996                    Reviewed: 04/10/2023                  Revised:  04/10/2023

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

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

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

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

Legal Reference:      

29 U.S.C. §§ 621 et seq..

Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46.

Cross Reference:      

407.6E1  Licensed Employee Early Retirement - Acknowledgement of Receipt

407.6E2  Licensed Employee Early Retirement - Insurance Options

407.6E3  Licensed Employee Early Retirement - Application

Approved:   12/9/1996                    Reviewed:  04/10/2023                   Revised:  04/10/2023

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.

Cross Reference:      

407.5  Licensed Employee Reduction in Force

413.3  Classified Employee Suspension

413.4  Classified Employee Dismissal

Approved:   12/9/1996                   Reviewed:   04/10/2023            Revised:  04/10/2023