405 - LICENSED EMPLOYEES - GENERAL

405.1 - LICENSED EMPLOYEE DEFINED (04-12-2023)

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

                                    282 I.A.C. 14.

                                    281 I.A.C. 12.4

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:   May 10, 2006              

Last Reviewed:  April 12, 2023       

405.2 - LICENSED EMPLOYEE QUALIFICATIONS, RECRUITMENT, SELECTION (04-12-2023)

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

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


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

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

                                    Iowa Code §§ 20; 35C; 216; 279.13

                                    281 I.A.C. 12.

                                    282 I.A.C. 14.

Cross Reference:           401.1    Equal Employment Opportunity

                                    401.3    Nepotism

                                    401.6    Limitations to Employment References

                                    405.1    Licensed Employee Defined

                                    405.3    Licensed Employee Individual Contracts

                                    405.7    Licensed Employee Transfers

                                    405.8    Licensed Employee Evaluation

                                    410.1    Substitute Teachers

Approved:   May 10, 2006              

Last Reviewed:   April 12, 2023

405.3 - LICENSED EMPLOYEE INDIVIDUAL CONTRACTS (04-12-2023)

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.


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 (2009).

Cross Reference:           405.2    Licensed Employee Qualifications, Recruitment, Selection

                                    405.4    Licensed Employee Continuing Contracts

                                    407.1    Licensed Employee Resignation

                                    407.2    Licensed Employee Contract Release

Approved:   May 10, 2006              

Last Reviewed:   April 12, 2023             

405.4 - LICENSED EMPLOYEE CONTINUING CONTRACTS (04-12-2023)

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:           405.3    Licensed Employee Individual Contracts

                                    405.9    Licensed Employee Probationary Status

                                    407.1    Licensed Employee Resignation

                                    407.2    Licensed Employee Contract Release

Approved:  November 15, 2017             

Last Reviewed:  April 12, 2023

405.4E1 - AGREEMENT TO MODIFY TEACHERS, CONTINUING CONTRACT

IT IS AGREED,  that  the  terms  of  the  continuing  contract  and subsequent modifications,  if  any,  by  and  between

    (name)        a teacher, and the Board of Directors of the East Buchanan  School District, located at Winthrop, State of Iowa, for services rendered and to be rendered during the current school year, 20   -20    shall remain in force and effect for a equivalent period beginning on the          , day of                , 20     except as herein modified as follows:

    (a)      Salary per year ( $                   )                                                                                                                              Dollars.

    (b)    Duties                                                                                  .

                                                                                       .                                  

    (c)    Days of Service       Teaching Days       , and 1/       of the annual salary shall be considered as pay for one day of service.

    (d)    This contract is subject to the provisions of Iowa Code #279.13 to 279.19, inclusive, and #279.27,

    (e)    

                                                                                                                                                 

                                                                                                                                                                       

 

THIS MODIFICATION AGREEMENT,  shall be null and void, and the terms of the continuing contract covering the current school year will prevail for the ensuing year unless this modification agreement is in the hands of said board bearing the signatures of said teacher and the president of the board on or before the          day of                            20       .

    

 

Dated                      20                                                  Teacher   

 

Dated                       _       _    20      _        BOARD OF DIRECTORS

                            East Buchanan Community               School District

 

                                      By                                President

Iowa Association of School Boards

700 - 2nd Avenue, Suite 100

Des Moines, IA 50309-1731

Rev 2/98

 

405.4E2 - EXTRA CURRICULAR CONTRACT WITH COACH

THIS CONTRACT, is entered into by and between    (name)       (Coach) and the Board of Directors of the East Buchanan School District, (Board), located at Winthrop, County of Buchanan, State of Iowa.

 

WITNESSETH, that in consideration of a salary of                                                                                                                          Dollars

($                          )  per school year, Coach agrees to perform the duties of           (Coaching Position)          

and such other duties as may be assigned by the Board or its duly authorized representative, such salary payable in installments of $(monthly amount)   on the             day of each calendar/school month for a period of       consecutive months, the first payment to be made on the                   day of                               , 20             or in installments payable as follows:

_________________________________________________________________________________________

 

AND IT IS FURTHER AGREED:

 

1.    That the term shall commence on the         day of                    , 20      and shall include           days of service and such other time as may be assigned to coach post-season tournaments or other related duties.  The work to be performed and the use to be made of the days in the term shall  be determined by the Board or its designee.

 

2.    That an amount equal to the pay for one day of service shall be deducted from the salary of the Coach for each day of service not performed if absence from duty with pay is not authorized by the Board or the leave policy in effect.

 

3.    That if the Coach is discharged or is released by mutual agreement before the completion of the term, final settlement shall  be made so the total amount which the Coach shall have received shall be an amount equal to the product of the number of days of service multiplied  by the amount considered as pay for one day of service.

 

4.    That the Coach shall attend, outside of regular school hours as established by the Board, such professional meetings as might be called by school authorities for coordinating the work of the Coach in the school program.

 

5.    That the Coach shall present a certificate with coaching endorsement, or an authorization, to the secretary of the Board of Directors of the school district before accepting payment of any part of the annual salary.

 

6.    That this contract shall be invalid if the Coach is under contract with another Board of Directors in the State of Iowa to coach covering the same period of time.

 

7.    ________________________________________________________________________________

 

    ________________________________________________________________________________

 

THIS CONTRACT shall be without force and effect unless it is in the hands of the Board bearing the signature of the Coach on or before the             day of                                , 20        .

 

IN TESTIMONY WHEREOF, we have hereunto subscribed our names on dates as hereinafter stated.

 

Dated                        20      _                                          Coach

  

Dated                       _         20       _        BOARD OF DIRECTORS

                            East Buchanan Community              School District

                                                                              By                               President

405.5 - LICENSED EMPLOYEE WORK DAY (04-12-2023)

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.


Legal Reference:           Iowa Code §§ 20; 279.8

Cross Reference:           200.2    Powers of the Board of Directors

Approved:   May 10, 2006              

Last Reviewed:   April 12, 2023

405.6 - LICENSED EMPLOYEE ASSIGNMENT (04-12-2023)

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.


Legal Reference:           Iowa Code §§ 20.9; 279.8

Cross Reference:           200.2    Powers of the Board of Directors

Approved:    May 10, 2006             

Last Reviewed:  April 12, 2023

405.7 - LICENSED EMPLOYEE TRANSFERS (04-12-2023)

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.


Legal Reference:           Iowa Code §§ 216.14; 279.8

Cross Reference:           405.2    Licensed Employee Qualifications, Recruitment, Selection

                                    405.6    Licensed Employee Assignment

Approved:   May 10, 2006              

Last Reviewed:   April 12, 2023      

405.8 - LICENSED EMPLOYEE EVALUATION (04-12-2023)

Evaluation of licensed employees on their skills, abilities, and competence is an ongoing process supervised by the building principals and conducted by approved evaluators.  The goal of the formal evaluation of licensed employees, other than administrators, but including extracurricular employees, is to improve the education program, to maintain licensed employees who meet or exceed the board's standards of performance, to clarify the licensed employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.

The formal evaluation criteria is in writing and approved by the board.  The formal evaluation will provide an opportunity for the evaluator and the licensed employee to discuss performance and the future areas of growth.  The formal evaluation is completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file.  This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence.

Licensed employees will be required to:

  • Demonstrate the ability to enhance academic performance and support for and implementation of the school district’s student achievement goals.
  • Demonstrate competency in content knowledge appropriate to the teaching position.
  • Demonstrate competency in planning and preparation for instruction.
  • Use strategies to deliver instruction that meets the multiple learning needs of students.
  • Use a variety of methods to monitor student learning.
  • Demonstrate competence in classroom management.
  • Engage in professional growth.
  • Fulfill professional responsibilities established by the school district.

It is the responsibility of the superintendent to ensure licensed employees are evaluated.  New and probationary licensed employees are evaluated at least twice each year.


Legal Reference:           Iowa Code §§ 20.9; 279, 284, 294.

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

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

                                    281 I.A.C. 83; 12.3

Cross Reference:           405.2    Licensed Employee Qualifications, Recruitment, Selection

                                    405.9    Licensed Employee Probationary Status

Approved:   May 10, 2006              

Last Reviewed:   April 12, 2023      

405.9 - LICENSED EMPLOYEE PROBATIONARY STATUS (04-12-2023)

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

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


Legal Reference:           Iowa Code § 279.

Cross Reference:           405.4    Licensed Employee Continuing Contracts

                                    405.8     Licensed Employee Evaluation

Approved:  November 15, 2017             

Last Reviewed:  April 12, 2023