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

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

Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply.  In employing individuals, the board will consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, national origin, religion, age, sexual orientation, gender identity or disability.  In keeping with the law, the board will consider the veteran status of applicants.

Prior to a final offer of employment the school district will perform the background checks required by law.  Based upon the results of the background checks, the school district will determine whether an offer will be extended.  If the candidate is a teacher who has an initial license from the BOEE, then the requirement for a background check is waived.  The district will perform repeat background checks on applicable employees as required by law. 

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

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, East Buchanan Community School District, 414 5^th Street North, Winthrop, Iowa, 50682; or by telephoning (319) 935-3660.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Equal Opportunity Commissions, Milwaukee Area Office, Reuss Federal Plaza, 310 West Wisconsin Ave., Suite 800, Milwaukee, WI., 53203-2292, (800)669-4000 or TTY (800) 669-6820.

http://www.eeoc.gov/field/milwaukee/index.cfm or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or 1-800-457-4416, http://www.state.ia.us/government/crc/index.html.  This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.
 

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

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

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

                                    42 U.S.C. §§ 12101 et seq.

                                    Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8

                                    281 I.A.C. 12.4; 95.    

Cross Reference:           102 series-Equal Educational Opportunity

                                    104 series-Bullying/Harassment

                                    405.2         Licensed Employee Qualifications, Recruitment, Selection

                                             411.2         Classified Employee Qualifications, Recruitment, Selection

          Approved:            January 11, 2006   

  Last Reviewed:            December 13, 2023

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 supply companies doing business with the school district.  Employees will not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents.  Employees will not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school district.

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

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

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

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

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

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

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

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

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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

                                      402.7    Employee Outside Employment

                                      404       Employee Conduct and Appearance

                                      408.2    Licensed Employee Publication or Creation of Materials

                                      408.3    Licensed Employee Tutoring

Approved:                         

Last Reviewed:             February 8, 2023                                        

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.

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

Cross Reference:           203       Board of Directors’ Conflict of Interest

                                    405.2    Licensed Employee Qualifications, Recruitment Selection

                                    411.2    Classified Employee Qualifications, Recruitment Selection

          Approved:            January 11, 2006                                              

  Last Reviewed:            February 8, 2023                

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

If the complaint cannot be resolved, the employee may discuss the matter with their immediate supervisor.  If the matter cannot be resolved within 5 days of speaking with the immediate supervisor, the employee may discuss it with the principal within 5 days of the supervisor's decision.  If the matter cannot be resolved by the principal, the employee may discuss it with the superintendent within 5 days after speaking with the principal.

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

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

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Legal Reference:           Iowa Code §§ 20; 279.8

Cross Reference:           210.8    Board Meeting Agenda

          Approved:            January 11, 2006                                              

  Last Reviewed:            February 8, 2023  

     

 

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.

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

Cross Reference:           401.6    Limitations to Employment References

                                       402.1    Release of Credit Information

                                       403       Employees' Health and Well-Being

                                       708       Care, Maintenance and Disposal of School District Records

                                       901       Public Examination of School District Records

           Approved:           January 11, 2006                                              

  Last Reviewed:           February 8, 2023       

Employee Personnel Records Content

1.     Employee personnel records may contain the following information:

• Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.
• Individual employment contract.
• Evaluations.
• Application, resume and references.
• Salary information.
• Copy of the employee's license or certificate, if needed for the position.
• Educational transcripts.
• Assignment.
• Records of disciplinary matters.

2.     Employee health and medical records are kept in a file separate from the employee's personnel records.  Health and medical records may contain, but are not limited to:

• Medical professional signed physical form.
• Sick or long-term disability leave days.
• Worker's compensation claims.
• Reasonable accommodation made by the school district to accommodate the employee's disability.
• Employee's medical history.
• Employee emergency names and numbers.
• Family and medical leave request forms.

3.     The following are considered public personnel records available for inspection:

• The name and compensation of the individual, including any written agreement establishing compensation or any other terms of employment, except for that information that is otherwise protected. “Compensation” includes the value of benefits conferred including, but not limited to: casualty, disability, life or health insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments, retirement benefits and deferred compensation;
• The dates the individual was employed by the government body;
• The positions the individual holds or has held with the government body;
• The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual’s previous employers, positions previously held and dates of previous employment;
• The fact that the individual was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal and statutory remedies; and,
• Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to the Family Educational Privacy Rights Act (FERPA.)

Applicant File Records Content

Records on applicants for positions with the school district are maintained in the central administration office.  The records will include, but not be limited to:

• Application for employment.
• Resume.
• References.
• Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.
• Affirmative action form, if submitted.

Record Access

Only authorized school officials will have access to an employee's records without the written consent of the employee.  Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary.  In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical file without the consent of the employee.  Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of board business.

Employee Record Retention

All employee records, except payroll and salary records, are maintained for a minimum of one year after termination of employment with the district.  Applicant records are maintained for a minimum of one year after the position was filled.  Payroll and salary records are maintained for a minimum of three years after payment.

Approved:   January 12, 2011         Reviewed November 15, 2017

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, 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.  

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

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

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Legal Reference:        20 U.S.C. §7926
                                    281 I.A.C. 12.3(14)

Cross Reference:        401.5   Employee Records

                                    402.2   Child Abuse Reporting

                                    402.3   Abuse of Students by School District Employees

                                    405.2   Licensed Employee Qualifications, Recruitment, Selection

                                    411.2   Classified Employee Qualifications, Recruitment, Selection

           Adopted:          February 8, 2023

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

Travel Outside the School District

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

Reimbursement for actual and necessary expenses may be allowed for travel outside the school district if the employee received pre-approval for the travel.  Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed, itemized receipt, indicating the date, purpose and nature of the expense for each claim item.  In exceptional circumstances, the superintendent may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances is maintained as part of the school district's record of the claim.  Meals will not be reimbursed for one-day meetings, unless they require overnight travel, exceptions may be made by administration for unusual circumstances.

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

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

Pre-approved expenses for transportation within three-hundred miles of the school district administrative office will be by automobile.  If a school district vehicle is not available, the employee will be reimbursed mileage at the Internal Revenue Service standard rate.  Travel to/from home and work is never a reimbursable travel expense.  Travel costs for a spouse or anyone other than the district employee shall be a personal expense not reimbursed by the district

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 mileage at the Internal Revenue Service standard mileage rate.  It is the responsibility of the superintendent to approve travel within the school district by employees.  It is the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.

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

Use of District-Owned Vehicles

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

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

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

                                    Iowa Code §§ 70A.9-.11

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

                                    302.6    Superintendent Professional Development

                                    303.7    Administrator Professional Development

                                    401.10  Credit and Procurement Cards

                                    705.4    Expenditures for a Public Purpose

                                    904.1    Transporting Students in Private Vehicles

             Approved:         March 8, 2000        

     Last Reviewed:         December 13, 2023

 

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.

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

                             Iowa Code § 279.8                            

Cross Reference:    407  Licensed Employee Termination of Employment

                             413  Classified Employee Termination of Employment

          Approved:    January 11, 2006                                                     

  Last Reviewed:    February 8, 2023

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

Violation of this policy may be grounds for disciplinary action.

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Legal Reference:           Iowa Code §§ 55; 279.8

Cross Reference:           409.2  Employee Leaves of Absence

          Approved:           January 11, 2006

  Last Reviewed:            February 8, 2023                

 

Employees may use school district credit and/or procurement cards and/or procurement cards (p-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, travel expenses related to professional development or fulfillment of required job duties, 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 or procurement card must submit a detailed, itemized receipt in addition to a credit or procurement 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 or procurement 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 or procurement 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 or procurement card for actual and necessary expenses incurred in the performance of the superintendent's duties.  The transportation director may maintain a school district credit or procurement 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 or procurement 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 or procurement 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 or procurement card.  The administrative regulations will include the appropriate forms to be filed for obtaining a credit or procurement card.

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

                                    Iowa Code §§ 279.8, .29, .30 (2013).

                                    281 I.A.C. 12.3(1).

Cross Reference:           219.3    Board of Directors' Member Compensation and Expenses

                                    401.7    Employee Travel Compensation

           Approved:          January 11, 2006                                              

   Last Reviewed:          February 8, 2023

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

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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:  January 11, 2006   

Last Reviewed:  February 8, 2023

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

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

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

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

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

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

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

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

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Legal References:       Internal Revenue Comment Notice, 2009-46,

                                                http://www.irs.gov/irb/2009-23_IRB/ar07.html

                                    Iowa Code § 279.8, 321.276 (2013)

Cross References:       707.5   Internal Controls

Approved:  November 15, 2017                                                           

Last Reviewed:  February 8, 2023

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 Iowa law to the extent that compliance does not infringe on employees’ free speech rights. 

Employees who use social media platforms are encouraged to remember that the school community may not be able to separate employees as private citizens, from their role within the district.  Employee expression on social media platforms that interferes with the district’s operations or prevents the district from functioning efficiently and effectively may be subject to discipline up to and including termination.
 
A district employee who acts to protect a student for engaging in free expression or who refuses to infringe on students engaging in free expression; and who is acting within the scope of their professional ethics will not be retaliated against or face any adverse employment action based on their behavior provided that expression is otherwise permitted by law and board policy.  

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

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Legal Reference:	U.S. Const. Amend. I  Kennedy v. Bremerton School District, 597 U.S.    (2022) Iowa Code §§ 279.73; 280.22

Cross Reference:        401.13             Staff Technology Use/Social Networking

                                    502.3               Student Expression & Student Publications Code

Adopted:  February 8, 2023

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.

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Legal Reference:           Iowa Code §§ 22.7; 279.8

Cross Reference:           401.5    Employee Records

Approved:  February 8, 2006                                                             

Last Reviewed:  February 8, 2023

 

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

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

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

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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:  February 8, 2006    

Last Reviewed:  August 10, 2022;  August 9, 2023         

 

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.

___________________________________________________________________________________

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:           402.2    Child Abuse Reporting

                                    403.5    Harassment

                                    503.5  Corporal Punishment

        Approved:   February 8, 2006

Last Reviewed:   February 8, 2023

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

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

        ·    Is seeking to be, or is a party to, any one or any combination of sales, purchases, leases or contracts to, from or with the school district;

        ·    Will be directly and substantially affected financially by the performance or nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry or region; or

        ·    Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.

 

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

        ·    Contributions to a candidate or a candidate's committee;

        ·    Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, periodicals or other information that is recorded in a written, audio or visual format;

        ·    Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;

        ·    An inheritance;

        ·    Anything available or distributed to the general public free of charge without regard to the official status of the employee;

        ·    Items received from a charitable, professional, educational or business organization to which the employee belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside of the organization and if the dues paid are not inconsequential when compared to the items received;

        ·    Actual expenses of an employee for food, beverages, travel and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;

        ·    Plaques or items of negligible resale value given as recognition for public service;

        ·    Nonmonetary items with a value of less than three dollars that are received from any one donor during one calendar day;

        ·    Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar or other meeting or solicited by or given for the same purposes to state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar or other meeting;

        ·    Funeral flowers or memorials to a church or nonprofit organization;

• Gifts other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee.
• Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;

• Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
• Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or

        ·    Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions.  The costs of food, drink, lodging and travel are not "registration costs" under this paragraph.  Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.

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

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

        ·    A nonmonetary gift or series of nonmonetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa department of general services; or

        ·    A payment made to an employee for services rendered as part of a private business, trade or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because of the person's status as an employee of the district, but, rather, because of some special expertise or other qualification.

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

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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:  February 8, 2006                                                             

Last Reviewed:  February 8, 2023

Code No. 402.5

REQUIRED PROFESSIONAL DEVELOPMENT FOR EMPLOYEES

 

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

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

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Cross References:          302.6    Superintendent Professional Development

                                    303.7    Administrator Professional Development

                                    408.1    Licensed Employee Professional Development

Approved:  August 9, 2023

 

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

Cross Reference:           401.2    Employee Conflict of Interest

                                    408.3    Licensed Employee Tutoring

        Approved:   February 8, 2006  

Last Reviewed:   February 8, 2023

The East Buchanan CSD believes good health is important to job performance.  School bus drivers will present evidence of good health upon initial hire and every other year in the form of a physical examination report, unless otherwise required by law or medical opinion.

The cost of the initial examination will be paid by the employee. 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 in full after the bus driver has completed and passed the required training and upon submission of a formal request to the business office for reimbursement.  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. Pt. 1910.1030

                                    49 C.F.R. §§ 391.41 – 391.49

                                    Iowa Code §§ 20.9; 279.8, 321.376

                                    281 I.A.C. 12.4(14); 43.15 -.20.

Cross Reference:           403       Communicable Diseases-Employees

        Approved:  March 8, 2006 

Last Reviewed:  February 8, 2023  

The board authorizes the administration to make a payroll deduction for employees' tax sheltered annuity premiums purchased from any company the employee chooses or through an Iowa-licensed salesperson selected by the employee.  However, the district will abide by IRS rulings concerning tax sheltered annuities.

Employees wishing to have payroll deductions for tax sheltered annuities will make a written request to the business manager.  

The requirements stated in the Master Contract between employees in that 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 (1995).

            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  March 8, 2000           Reviewed  January 12, 2011    Revised            

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

If possible, an employee may administer emergency or minor first aid.  An injured employee 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.

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Legal Reference:           Iowa Code §§ 85; 279.40; 613.17

Cross Reference:           409.2    Employee Leaves of Absence                     

        Approved:  March 8, 2006       

Last Reviewed:  February 8, 2023

 

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.

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Legal Reference:           29 U.S.C. §§ 794, 1910

                                    42 U.S.C. §§ 12101 et seq.

                                    45 C.F.R. Pt. 84.3

                                    Iowa Code chs. 139; 141A

                                    641 I.A.C. 1.2-.7.

Cross Reference:           401.5    Employee Records

                                    403.1    Employee Physical Examinations

                                    507.3    Communicable Diseases – Students

                                    907       District Operation During Public Emergencies

        Approved:  March 8, 2006       

Last Reviewed:  February 8, 2023                

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. 

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

                                    Iowa Code chs. 88; 89B

Cross Reference:           804.4    Asbestos Containing Material

        Approved:  March 8, 2006       

Last Reviewed:  February 8, 2023

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 vehicles.  "Workplace" also includes nonschool property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

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

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

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

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

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Legal Reference:           41 U.S.C. §§ 701-707 (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:   April 12, 2006      

Last Reviewed:  February 8, 2023

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 four hours of using alcohol.  Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the school district contact person, Superintendent at 414-5^th Street, North, Winthrop, Iowa.

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 prohibilited 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.

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

                                    49 U.S.C. §§ 5331 et seq.

                                    42 U.S.C. §§ 12101

                                    41 U.S.C. §§ 81

                                    49 C.F.R. Pt. 40; 382; 391

                                    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

                                    409.2    Licensed Employee Personal Illness Leave

                                    414.2    Classified Employee Personal Illness Leave   

Approved:  November 15, 2017

Last Reviewed:  February 8, 2023

 

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:

1. 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.
2. 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:

1. 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.
2. Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.
3. Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.
4. Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282—Chapter 20.
5. 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:

1. Failing to account properly for funds collected that were entrusted to the practitioner in an educational context.
2. Converting public property or funds to the personal use of the practitioner.
3. Submitting fraudulent requests for reimbursement of expenses or for pay.
4. Combining public or school-related funds with personal funds.
5. Failing to use time or funds granted for the purpose for which they were intended.

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

1. Violation of this standard includes:

1. Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract, unless the practitioner provided notice to the practitioner’s employing board as set forth in subparagraph 25.3(5)“b”(2).
2. Abandoning a written professional employment contract without prior unconditional release by the employer.
3. As an employer, executing a written professional employment contract with a practitioner which requires the performance of duties that the practitioner is not legally qualified to perform.

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

1. Failing to comply with 282—Chapter 8 concerning payment of debts to state or local governments.
2. Failing to comply with 282—Chapter 10 concerning child support obligations.
3. Failing to comply with a board order.

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

1. Willfully or repeatedly departing from or failing to conform to the minimum standards of acceptable and prevailing educational practice in the state of Iowa.
2. Willfully or repeatedly failing to practice with reasonable skill and safety.

 

Approved:  1/12/2011

Reviewed: 2/10/2016, 11/15/2017

Revised:  3/9/2016, 1/8/2020

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

It 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.

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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       

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.

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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

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.

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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             

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.

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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

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.

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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

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.

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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

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.

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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      

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.

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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      

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.

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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

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

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

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

Cross Reference:          406.2     Licensed Employee Compensation Advancement

Approved:   May 10, 2006              

Last Reviewed:   April 12, 2023

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

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

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

Cross Reference:           406.1    Licensed Employee Compensation

Approved:  March 8, 2000           

Last Reviewed:   April 12, 2023

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

Licensed employees who wish to obtain additional education for advancement on the salary schedule must notify their supervisor by February 28th of the school year preceding the actual year when advancement occurs.  The superintendent has the discretion to approve credit outside the employee's area of endorsement or responsibility

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

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

Cross Reference:           405     Licensed Employees - General

                                    406     Licensed Employee Compensation and Benefits

Approved:  March 8, 2000            

Last Reviewed:   April 12, 2023 

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

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

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

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

Approved:  May 10, 2006               

Last Reviewed:   April 12, 2023            

Licensed employees may be eligible for group benefits as determined by the board and required by law.  The board will select the group benefit programs and the insurance company or third party administrator which will provide the program.

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, with minimum essential coverage that is both affordable and provides minimum value.   The board will have the authority and right to change or eliminate group insurance programs, other than the group health plan, for its licensed employees.

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

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

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

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Legal Reference:           Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B.
                                       Internal Revenue Code § 4980H(c)(4); Treas. Reg. § 54.4980H-1(a)(21)(ii).
                                      Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 78 Fed. Reg. 217, (Jan 2, 2013). 
                                      Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54 and 301, 79 Fed. Reg. 8543 (Feb. 12, 2014).

Cross Reference:           405.1    Licensed Employee Defined

                                    706.2    Payroll Deductions

Approved:  May 10, 2006               

Last Reviewed:  April 12, 2023

East Buchanan Community School District

Employees may elect to have amounts withheld from their pay for items authorized by law, subject to agreement of the district.  The board may authorize the administration to make a payroll deduction for licensed employees' tax sheltered annuity premiums purchased from a company or program if chosen by the board.

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

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Legal Reference:           Iowa Code §§ 260C; 273; 294.16.                                

Cross Reference:           706.2    Payroll Deductions

Approved:  May 10, 2006               

Last Reviewed:   April 12, 2023                       

East Buchanan Community School District

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.

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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:  May 10, 2006               

Last Reviewed:  April 12, 2023        

East Buchanan Community School District

Licensed employees who wish to be released from an executed contract must give at least twenty-one days notice to the superintendent.  Licensed employees may be released at the discretion of the board.  Only in unusual and extreme circumstances will the board release a licensed employee from a contract.  The board will have sole discretion to determine what constitutes unusual and extreme circumstances.

Release from a contract shall be contingent upon finding a suitable replacement.  Licensed employees requesting release from a contract after it has been signed and before it expires may be required to pay the board 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 authorized to file a complaint with the Board of Educational Examiners against a licensed employee who leaves without proper release from the board.

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

Cross Reference:           405.3  Licensed Employee Individual Contracts

                                    405.4  Licensed Employee Continuing Contracts

                                    407.3  Licensed Employee Retirement

Approved:  March 8, 2000           

Last Reviewed:  April 12, 2023

Board Policy East Buchanan Community Schools

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.

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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

                                    407.6 Exhibits

Approved:   May 10, 2006              

Last Reviewed:  April 12, 2023

East Buchanan Community School District

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.

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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); 402.N.W. 2d 765, 769 (Iowa 1987)

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

Cross Reference:           404       Employee Conduct and Appearance

                                    407.5    Licensed Employee Reduction in Force

Approved:  May 10, 2006               

Last Reviewed:  April 12, 2023  

East Buchanan Community School District

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 process for reduction in force shall be as follows:

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

        ·        Relative skills, ability and demonstrated performance;

        ·        Qualifications for co-curricular programs; and

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

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

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Legal Reference:           Iowa Code §§ 20; 279

Cross Reference:           407.4    Licensed Employee Suspension

                                    413.5    Classified Employee Reduction in Force

Approved:  May 10, 2006               

Last Reviewed:  April 12, 2023

The East Buchanan Community School District Retirement Program as described in this document has been approved by the District Board of Education to be effective starting with the 2023-2024 fiscal year.   As approved, it applies only to Certified Employees.  This Retirement Program does not vest rights in any District employee whether or not the employee is currently eligible for the Program.

Purpose

The Board of Education of the East Buchanan Community School District has deemed it appropriate to provide a retirement incentive to certified employees of extended tenure who opt to retire from the District pursuant to the terms of this Retirement Program.

The purpose of this program is to provide the District’s employees with the option and opportunity for retirement from their employment with the District.  This Retirement Program is designed to show the District’s appreciation for the services an employee has rendered to the District, to aid the employee in their transition from public service to retirement, and to save District funds through a reduction in staff and/or replacement savings.

EMPLOYEE REQUIREMENTS

A.        Determining Eligibility - Employees must meet the following criteria to be eligible to participate in the retirement program:

1. in applying this provision, an employee will be at least the age of fifty-five (55) on or before June 30, 2024;
2. wish to retire voluntarily from service in the East Buchanan Community School District at the end of the current contract;
3. has been actively employed during the school year in which one requests retirement benefits;
4. has completed a minimum of Twelve (12) years continuous service to the East Buchanan Community School District and is currently employed at the time the voluntary retirement request is made.  A leave of absence may interrupt continuous service without affecting the continuous years of service rule.  Professional and military leave will qualify toward continuous service;
5. is not receiving payments from the district’s long-term disability insurance program; and
6. has not been discharged for cause or notified that their contract is under consideration of termination or reduction.

B.         Qualifying for Program - An eligible employee qualifies for this program upon completion of the following requirements:

1. submission of a written application by the employee to participate in this program by February 28th of the contract year, addressed to the Board Secretary.
2. submission of a written resignation to the Board of Education on the same day as the submission of the written application to participate in the program; and
3. the Board’s acceptance of the written resignation.  The resignation will not be binding unless the employee is eligible and appropriately qualifies under the program and the Board accepts the employee’s written resignation.  The Board’s acceptance of the written resignation will be considered final action and shall mean that the employee’s application is accepted and the employee’s contract and employment duties will end on the last day of the current fiscal year.

In all cases, completion of the above requirements is realized by receipt or certification by the Board Secretary.

 

PROGRAM CALCULATION

Each participating employee may receive two incentives as an early separation of a payment into a Health Reimbursement Arrangement as determined by the board.  It will deposit as a non-elective employer contribution directly into the early retiree’s account established by the district beginning in October 2024.  Any benefit paid will be subject to deductions required by federal or state law.  The amount is based on:

1)  IPERS Rule and percentage of base salary at 1.0 FTE of the specific employee for the current school year

2)  a payout based upon the five-year average of employee FTE (Max 1.0 FTE) and the five-year average of remaining sick days at the end of the school year. 

Rule Payouts

• Rule of <88 - 0% of the 1.0 FTE base salary + $100 per remaining sick days based on calculations
• Rule of 88 – 40% of the 1.0 FTE base salary + $100 per remaining sick days based on calculations
• Rule of 90 – 30% of the 1.0 FTE base salary + $100 per remaining sick days based on calculations
• Rule of 92 – 20% of the 1.0 FTE base salary + $100 per remaining sick days based on calculations
• Rule of 94 – 10% of the 1.0 FTE base salary + $100 per remaining sick days based on calculations
• Rule of 96+ - 0% of the 1.0 FTE base salary + $100 per remaining sick days based on calculations

When any employee retires after Twelve (12) or more years of continuous employment with the East Buchanan Community School District and has accumulated sick leave up to a maximum of 120 days sick leave, a retirement stipend shall be paid based upon the following schedule.

The benefit amount for all employees will be determined in the same manner based upon the five-year average of employee FTE and the five-year average of remaining sick days at the end of each fiscal year:

1. The retirement applicant will be paid one hundred dollars ($100.00) for each eligible sick day times their average FTE (maximum 1.0 FTE).
2. Each retirement applicant will have their FTE determined by averaging the FTE for the previous four (4) contract years and their FTE during the school year in which they request retirement.
3. Each retirement applicant will have their number of eligible sick days determined by averaging the remaining sick days on May 30th for the previous four (4) contract years and their remaining sick days on May 30th during the school year in which they request retirement.

HEALTH INSURANCE

The employee may elect to continue to participate in the District’s health insurance plan until he or she reaches the age at which they become eligible to receive Medicare as long as they pay the monthly premiums and are permitted to continue coverage by the insurer.  To continue health insurance coverage, the employee shall pay the monthly premium amount to the District’s Business Office on a date mutually agreed upon prior to the date the District’s premium payment is made to the insurance carrier.

Nothing herein shall limit the District’s ability to change the terms of its existing health insurance plan.  This plan in no way guarantees that an employee will be provided any certain level of benefits or premiums during the time of the employee’s participation in the plan.

EMPLOYEE RIGHTS

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

The adoption of this Retirement Program shall not vest any rights in any employee whether or not the employee is currently eligible for retirement.  The Board of Education shall have the complete discretion to review, amend or repeal this policy at any time, when, in the judgment of the Board of Education, the district no longer realizes economic benefits from this policy or otherwise determines that the policy is not in the best interests of the district.  Furthermore, the district shall not be obligated to provide any of the benefits to any employee after the date of such amendment or repeal, except to those employees whose retirement pursuant to this policy has commenced prior to the amendment or repeal.

STATUS OF PARTICIPANTS

An employee who elects to participate in the District’s Retirement Program 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 East Buchanan Community School District Board of Education.

However, Early Separation Plan participants shall not be eligible to be rehired in any capacity with the East Buchanan Community School District; nor shall the East Buchanan Community School District be required to consider an application for employment from an Early Separation Plan participant; provided however, that, at the sole discretion of the Board of Directors, the District may employ Early Separation Plan participants as temporary substitute employees or as coaches and/or sponsors of extracurricular activities.

Each employee who elects to participate in the District’s Early Separation Plan must specifically agree to hold the District harmless and indemnify it if the participant attempts to submit an application for employment or otherwise attempts to be reemployed with the District.  The participant is not precluded in any way from accepting employment with an employer other than the District after fulfilling the terms of the employee’s 2023-2024 contract with the District.

In the event the employee who elects to participate in the District’s Retirement Program has previously signed a contract for the next school year, said contract will be null and void.

TAXABILITY OF RETIREMENT BENEFITS

Retirement benefits that are solely payment for health care benefits are generally considered to be not taxable income to the employee.  Cash payments are generally considered taxable income to the employee.  But when an employee has the option to choose between cash or a lump sum payment in addition to or in lieu of health care benefits, all of the benefits are likely to be treated as taxable income.  So, retirees receiving health care benefits may have to pay income tax on the value of those benefits.  However, the District is not providing tax advice, and the employee must consult the employee’s own tax advisor for the actual taxability of retirement benefits.

POLICY CONTINUATION

The Board of Education shall review the Retirement Policy on an annual basis to assess the needs of the district regarding personnel considerations and budget issues prior to the December board meeting of each school year.  A decision on whether to offer the Retirement – Certified Personnel Policy for the current school year shall be made at that time.

Date Adopted:  December 13, 2000      

Last Reviewed:  July 12, 2023

 

The East Buchanan Community School District Retirement Program as described in this document has been approved by the District Board of Education to be effective for the 2023-2024 fiscal year.   As approved, it applies only to 12-month Salaried Employees.  This Retirement Program does not vest rights in any District employee whether or not the employee is currently eligible for the Program.

Purpose

The Board of Education of the East Buchanan Community School District has deemed it appropriate to provide a retirement incentive to 12-month salaried employees of extended tenure who opt to retire from the District pursuant to the terms of this Retirement Program.

The purpose of this program is to provide the District’s employees with the option and opportunity for retirement from their employment with the District.  This Retirement Program is designed to show the District’s appreciation for the services an employee has rendered to the District, to aid the employee in their transition from public service to retirement, and to save District funds through a reduction in staff and/or replacement savings.

EMPLOYEE REQUIREMENTS

A.        Determining Eligibility - Employees must meet the following criteria to be eligible to participate in the retirement program:

1. in applying this provision, an employee will be at least the age of fifty-five (55) on or before their last work day;
2. wish to retire voluntarily from service in the East Buchanan Community School District;
3. has been actively employed during the school year in which one requests retirement benefits;
4. has completed a minimum of twelve (12) years continuous service to the East Buchanan Community School District and is currently employed at the time the voluntary retirement request is made.  A leave of absence may interrupt continuous service without affecting the continuous years of service rule.  Professional and military leave will qualify toward continuous service;
5. is not receiving payments from the district’s long-term disability insurance program; and
6. has not been discharged for cause or notified that their contract is under consideration of termination or reduction.

B.         Qualifying for Program - An eligible employee qualifies for this program upon completion of the following requirements:

1. submission of a written application by the employee to participate in this program 30 days prior to their last work day addressed to the Board Secretary.
2. submission of a written resignation to the Board of Education on the same day as the submission of the written application to participate in the program; and
3. the Board’s acceptance of the written resignation.  The resignation will not be binding unless the employee is eligible and appropriately qualifies under the program and the Board accepts the employee’s written resignation.  The Board’s acceptance of the written resignation will be considered final action and shall mean that the employee’s application is accepted and the employee’s contract and employment duties will end on the last day of the current fiscal year.

In all cases, completion of the above requirements is realized by receipt or certification by the Board Secretary.

 

PROGRAM CALCULATION

Each participating employee may receive two incentives as an early separation of a payment into a Health Reimbursement Arrangement (HRA).  It will deposit as a non-elective employer contribution directly into the early retiree’s account established by the district within 60 days of their last work day.  Any benefit paid will be subject to deductions required by federal or state law.  The amount is based on:

1)  IPERS Rule and percentage of salary at 1.0 FTE of the specific employee for the current school year

2)  a payout based upon the five-year average of employee FTE (Max 1.0 FTE) and the five-year average of remaining sick days at the end of the school year. 

Rule Payouts

IPERS Rule of <88 - 0% of their current salary + $100 per remaining sick days based on calculations

IPERS Rule of 88 – 40% of their current salary + $100 per remaining sick days based on calculations

IPERS Rule of 90 – 30% of their current salary + $100 per remaining sick days based on calculations

IPERS Rule of 92 – 20% of their current salary + $100 per remaining sick days based on calculations

IPERS Rule of 94 – 10% of their current salary + $100 per remaining sick days based on calculations

IPERS Rule of 96+ - 0% of their current salary + $100 per remaining sick days based on calculations

 

When any employee retires after Twelve (12) or more years of continuous employment with the East Buchanan Community School District and has accumulated sick leave up to a maximum of 120 days sick leave, a retirement stipend shall be paid based upon the following schedule.

The benefit amount for all employees will be determined in the same manner based upon the five-year average of employee FTE and the five-year average of remaining sick days at the end of each fiscal year:

1. The retirement applicant will be paid one hundred dollars ($100.00) for each eligible sick day times their average FTE (maximum 1.0 FTE).
2. Each retirement applicant will have their FTE determined by averaging the FTE for the previous four (4) contract years and their FTE during the school year in which they request retirement.
3. Each retirement applicant will have their number of eligible sick days determined by averaging the remaining sick days on May 30th for the previous four (4) contract years and their remaining sick days on their last work day in which they request retirement.

 

HEALTH INSURANCE

The employee may elect to continue to participate in the District’s health insurance plan until he or she reaches the age at which they become eligible to receive Medicare as long as they pay the monthly premiums and are permitted to continue coverage by the insurer.  To continue health insurance coverage, the employee shall pay the monthly premium amount to the District’s Business Office on a date mutually agreed upon prior to the date the District’s premium payment is made to the insurance carrier.

Nothing herein shall limit the District’s ability to change the terms of its existing health insurance plan.  This plan in no way guarantees that an employee will be provided any certain level of benefits or premiums during the time of the employee’s participation in the plan.

 

EMPLOYEE RIGHTS

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

The adoption of this Retirement Program shall not vest any rights in any employee whether or not the employee is currently eligible for retirement.  The Board of Education shall have the complete discretion to review, amend or repeal this policy at any time, when, in the judgment of the Board of Education, the district no longer realizes economic benefits from this policy or otherwise determines that the policy is not in the best interests of the district.  Furthermore, the district shall not be obligated to provide any of the benefits to any employee after the date of such amendment or repeal, except to those employees whose retirement pursuant to this policy has commenced prior to the amendment or repeal.

STATUS OF PARTICIPANTS

An employee who elects to participate in the District’s Retirement Program 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 East Buchanan Community School District Board of Education.

However, Early Separation Plan participants shall not be eligible to be rehired in any capacity with the East Buchanan Community School District; nor shall the East Buchanan Community School District be required to consider an application for employment from an Early Separation Plan participant; provided however, that, at the sole discretion of the Board of Directors, the District may employ Early Separation Plan participants as temporary substitute employees or as coaches and/or sponsors of extracurricular activities.

Each employee who elects to participate in the District’s Early Separation Plan must specifically agree to hold the District harmless and indemnify it if the participant attempts to submit an application for employment or otherwise attempts to be reemployed with the District.  The participant is not precluded in any way from accepting employment with an employer other than the District after fulfilling the terms of the employee’s current contract with the District.

In the event the employee who elects to participate in the District’s Retirement Program has previously signed a contract for the next school year, said contract will be null and void.

TAXABILITY OF RETIREMENT BENEFITS

Retirement benefits that are solely payment for health care benefits are generally considered to be not taxable income to the employee.  Cash payments are generally considered taxable income to the employee.  But when an employee has the option to choose between cash or a lump sum payment in addition to or in lieu of health care benefits, all of the benefits are likely to be treated as taxable income.  So, retirees receiving health care benefits may have to pay income tax on the value of those benefits.  However, the District is not providing tax advice, and the employee must consult the employee’s own tax advisor for the actual taxability of retirement benefits.

POLICY CONTINUATION

The Board of Education shall review the Retirement Policy on an annual basis to assess the needs of the district regarding personnel considerations and budget issues prior to the December board meeting of each school year.  A decision on whether to offer the Retirement – Certified Personnel Policy for the current school year shall be made at that time.

Date Adopted:  July 12, 2023      

The board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills.  The board will maintain and support an in-service program for licensed employees.  Professional development activities will include activities that promote and/or teach about compliance with applicable Iowa laws.

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

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

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

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Legal Reference:           Iowa Code § 279.8;.74

                                    281 I.A.C. 12.7; 83.6

Cross Reference:           402.5    Required Professional Development for Employees

                                    414       Classified Employee Professional Purposes Leave                                 

Approved:    June 14, 2006             

Reviewed:     June 14, 2023; August 9, 2023                                          

 

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.

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Legal Reference:           17 U.S.C. § 101 et al.

                                    Iowa Code § 279.8 (2012).

Cross Reference:           401.2    Employee Conflict of Interest

                                    606.4    Student Production of Materials and Services

Approved :   June 14, 2006             

Last Reviewed:   June 14, 2023

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.

Cross Reference:           401.2    Employee Conflict of Interest

                                    402.7    Employee Outside Employment

Approved:   June 14, 2006              

Last Reviewed:  June 14, 2023

The board will refer to the employee handbook for the amount of vacation, holidays, and personal leave that will be allowed on an annual basis for employees.

Employees will be paid only for the hours they would have been scheduled for the day. 

HOLIDAYS:

• Full-time employees who are scheduled to work twelve months a year will be allowed paid holidays plus one floating holiday according to the employee handbook.  Refer to the employee handbook for the dates that are designated as receiving holiday pay if the holiday does not fall on a regular working day.

• Employees who work only during the school year, whether full-time or part-time, will have time off in concert with the school calendar and will be allowed paid holidays according to the employee handbook

• Teacher holidays are based on the board approved school calendar.

VACATIONS:

• Employees who work twelve months a year and who have served a full year (12 months) are entitled to vacation with pay.  Refer to the employee handbook for the number of vacation days.

• Vacation will not be accrued from year to year without a prior arrangement with the superintendent.  The arrangement must be in writing, signed by both parties, and submitted to the board secretary.

• Vacation days will not be paid out upon an employee’s resignation or termination.

PERSONAL LEAVE:

• Personal days will not be paid out upon an employee’s resignation or termination.

Legal Reference:           Iowa Code §§ 1C; 4.1(34); 20.

Cross Reference:           601.1    School Calendar

Approved:  December 21, 2005                         

Reviewed :  November 9, 2011; November 9, 2016; June 14, 2023

Revised:  May 13, 2020; January 12, 2022

         Board Policy East Buchanan Community Schools

The board will offer the following leave to regular employees:

• Personal Illness (Sick) Leave – Leave for medically-related disability or illness
• Family Sick Leave - Leave to care for a sick member of the employee’s immediate family
• Bereavement Leave – Leave to mourn the loss of a family member or close friend
• Political Leave – Leave to run for elective public office
• Jury Duty Leave – Leave to be excused for jury duty
• Military Leave – Leave for military service, including the national guard
• Unpaid Leave - To excuse an involuntary absence not provided for in other leave policies of the board.

The provisions of each leave offering will be detailed in the Master Contract, Employee’s Contract, and/or Employee Handbook.

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

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Legal Reference:        29 U.S.C. §§ 2601 et seq.

                                    Pub.L. 116-127

                                    29 C.F.R. §§ 825; 826.

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

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

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

Cross Reference:        403.2    Employee Injury on the Job

                                    409.3    Employee Family and Medical Leave           

Approved:  June 14, 2006               

Reviewed:  May 18, 2011; January 9, 2019; June 14, 2023                                         

Revised:      January 9, 2019; January 12, 2022

 

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 through June 30 of each year.  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:  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)

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

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Legal Reference:           29 U.S.C. §§ 2601 et seq.

                                    29 C.F.R. § 825

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

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

Cross Reference:           409.2    Employee Leave of Absence

Approved:  June 14, 2006               

Reviewed:  May 18, 2011; January 9, 2019; June 14, 2023                     

Revised:  January 12, 2022          

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

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

Substitute teachers shall be paid a per diem rate established by the board. 

After ten (10) consecutive days on a single assignment, the degree substitute shall be increased to their placement on the BA salary schedule in relation to their years of experience in teaching.  This is not to exceed step 8 on the schedule.  This schedule is retroactive back to the sixth day on a single assignment.

Any substitute beginning the school year shall have the ten (10) day stipulation waived and they will begin immediately on their appropriate BA step.

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

                                    Iowa Code §§ 20, Iowa Code §§ 272

                                    281 I.A.C. 12.4.

Cross Reference:           405.1      Licensed Employee Defined

                                    405.2      Licensed Employee Qualifications, Recruitment, Selection

Approved:  March 8, 2000             

Last Reviewed:  June 14, 2023                                                                                                                           

East Buchanan Community School District

The East Buchanan CSD 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.

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Legal Reference:           Iowa Code §§ 279.8; 280.14.

Cross Reference:           505.2    Student Promotion – Retention - Acceleration

                                    603.2    Summer School Instruction

Approved:  November 15, 2017              

Last Reviewed:  June 14. 2023                   

 

East Buchanan Community School District

The board will appoint a licensed employee from each school building to serve as the building's truancy officer. 

The principal shall notify the truancy officer when a student is truant.  The truancy officer will investigate the cause of a student's truancy and attempt to ensure the student's attendance.  The truancy officer may take the student into custody.  A student taken into custody shall be placed in the custody of the principal.  The truancy officer will attempt to contact the student's parents when the student is taken into custody.

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

Cross Reference:           501.10  Truancy - Unexcused Absences

Approved:  March 8, 2000          

Last Reviewed:  June 14, 2023

EAST BUCHANAN CSD

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.

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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:  June 14, 2006               

Last Reviewed:   June 14, 2023

East Buchanan Community School District

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

It 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.

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Legal Reference:           Iowa Code §§ 20; 279.8

Cross Reference:           405.1    Licensed Employee Defined

                                    411.2    Classified Employee Qualifications, Recruitment, Selection

                                    412.3    Classified Employee Group Insurance Benefits

Approved:  November 9, 2005        

Last Reviewed:  June 14, 2023

Board Policy East Buchanan Community Schools

Persons interested in a classified employee position shall 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 Department of Education for posting on TeachIowa, the online state job posting system.  Additional announcements of the position may occur through means the superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who directly supervises and oversees the position.

The superintendent has the authority to hire and sign support personnel employment contracts, without board approval, for bus drivers, custodians, education associates, maintenance staff, clerical personnel, and food service workers.

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

                                    42 U.S.C. §§ 2000e 120101 et seq.                                                                                                                     Iowa Code §§ 20, 35C; 216; 256.27; 279.8; 279.20

                                    281 I.A.C. 12

Cross Reference:           401.1      Equal Employment Opportunity

                                    401.3     Nepotism

                                    401.6     Limitations to Employment References

                                    410.4     Education Associate

                                    411.1      Classified Employee Defined

                                    411.4     Classified Employee Licensing/Certification

                                    411.5     Classified Employee Transfers

                                    411.7     Classified Employee Evaluation

Approved: March 8, 2000     

Last Reviewed:  June 14, 2023    

EAST BUCHANAN CSD BOARD POLICY

The board may enter into written agreements with classified employees employed on a regular basis.  The agreement will state the terms of employment.

Each agreement will include a two-week cancellation clause.  Either the employee or the board must give notice of the intent to cancel the agreement at the end of two weeks.  This notice will not be required when the employee is terminated during a probationary period or for cause.

Classified employees will receive a job description stating the specific performance responsibilities of their position.

It is the responsibility of the superintendent to draw up and process the classified employee contracts and present them to the board for final approval.  The contracts, after being signed by the superintendent, are filed with the board secretary.

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Legal Reference:           Iowa Code §§ 20; 279.7A; 285.5(9) (2013).

Cross Reference:           411       Classified Employees - General

                                    412.1    Classified Employee Compensation

                                    412.2    Classified Employee Wage and Overtime Compensation

                                    413       Classified Employee Termination of Employment

Approved: November 9, 2005

Last Reviewed:  June 14, 2023                  

EAST BUCHANAN CSD BOARD POLICY

Classified employees who require a special license or other certification shall keep them current at their own expense unless directed by the superintendent.  Licensing requirements needed for a position will be considered met if the employee meets the requirements established by law for the position.

 

Legal Reference:           Iowa Code §§ 272.6; 285.5(9); 272; 279.8

                                    281 I.A.C. 12.4(10); 36; 43.

Cross Reference:           411.2    Classified Employee Qualifications, Recruitment, Selection

Approved:  March 8, 2000           

Last Reviewed:  June 14, 2023

Board Policy East Buchanan Community Schools

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.

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Legal Reference:           Iowa Code §§ 20; 279.8

Cross Reference:           200.2    Powers of the Board of Directors

                                    411.6    Classified Employee Transfers

Approved:  November 9, 2005        

Last Reviewed:  June 14, 2023

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 transfer classified employees and report such transfers to the board.

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

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

                                    42 U.S.C. §§ 12101 et seq.

                                    Iowa Code §§ 20.9; 35C; 216; 279.8; 294.1

Cross Reference:           411.2    Classified Employee Qualifications, Recruitment, Selection

                                       411.5    Classified Employment Assignment

Approved:  November 9, 2005        

Last Reviewed    June 14, 2023            

Board Policy East Buchanan Community Schools

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.

The Superintendent of Schools, building principals, and supervisors shall be responsible for the continuous evaluation of the classified employees of the East Buchanan Community School District.

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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 Sect. 20.9; 279.14.

                                             281 I.A.C. 12.3(3).

Cross Reference:                411.2 Classified Employee Qualifications, Recruitment, Selection

                                             411.8 Classified Employee Probationary Status

Approved:  March 8, 2000           

Last Reviewed:  June 14, 2023

EAST BUCHANAN CSD BOARD POLICY

 

The first ninety (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.

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Legal Reference:           Iowa Code §§ 20; 279.8

Cross Reference:           411.3    Classified Employee Contracts

                                    411.7    Classified Employee Evaluation

Approved:  November 5, 2005        

Last Reviewed:  June 14, 2023

Board Policy East Buchanan Community Schools

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.

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

Cross Reference:           411.3    Classified Employee Contracts

                                    412.2    Classified Employee Wage and Overtime Compensation

Approved:  November 9, 2005        

Last Reviewed:  June 14, 2023

Board Policy East Buchanan Community Schools

Each non-exempt employee compensated on an hour-by-hour bases, whether full-or part-time, permanent or temporary, will be paid no less than the prevailing minimum wage.  Whenever a non-exempt employee must work more than forty hours in a given work week, the employee 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 that is not required to use the time clock must complete, sign, and turn in a daily time record showing the actual number of hours worked.  Non-exempt employees with access to the time clock must use the time clock to record their actual 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.

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Legal Reference:                Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985).

                                             29 U.S.C. Section 2601 et seq.

                                             29 C.F.R. Pt. 511

Cross Reference:                411.3 Classified Employee Contracts

                                             412.1 Classified Employee Compensation

Approved:  March 8, 2000           

Last Reviewed:  June 14, 2023

EAST BUCHANAN CSD BOARD POLICY

Classified employees may be eligible for group benefits as determined by the board and required by law. The board will select the group benefit program(s) and the insurance company or third party administrator which will provide or administer the program.

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

Classified employees, who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan.  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.

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Legal Reference:         

• Iowa Code §§ 20.9; 85; 85B; 279.12; 509; 509A; 509B (2013).
• 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).

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Cross Reference:           411.1    Classified Employee Defined

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Approved:  June 14, 2023

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EAST BUCHANAN CSD BOARD POLICY

 

 

Employees may elect to have amounts withheld from their pay for items authorized by law, subject to agreement of the district. The board may authorize the administration to make a payroll deduction for classified employees' tax sheltered annuity premiums purchased from a company or program if chosen by the board.

Classified employees wishing to have payroll deductions for tax sheltered annuities will make a written request to the superintendent.  Request for purchase or change of tax-sheltered annuities may be made by submitting a 403b Salary Reduction Form to the business office at least 10 calendar days before the  payroll date for which the change is to take effect.

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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 §§ 260C; 273; 294.16.
• 1988 Op. Att'y Gen. 38.
• 1976 Op. Att'y Gen. 462, 602.
• 1966 Op. Att'y Gen. 211, 220.

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Cross Reference:           706       Payroll Procedures

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Approved:  November 9, 2005        

Last Reviewed:  June 14, 2023

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EAST BUCHANAN CSD BOARD POLICY

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 a minimum of ten (10)  working days prior to their last working day.

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

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

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Approved:  November 9, 2005        

Last Reviewed:  June 14, 2023

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EAST BUCHANAN CSD BOARD POLICY

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

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

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

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

Classified employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System (IPERS).

A.        Determining Eligibility:

Employees must meet the following criteria to be eligible to participate in the retirement program:

1. in applying this provision, an employee will be at least the age of fifty-five (55) on or before June 30, 2024;
2. wish to retire voluntarily from service in the East Buchanan Community School District;
3. has been actively employed during the school year in which one requests retirement benefits;
4. has completed a minimum of Twelve (12) years continuous service to the East Buchanan Community School District and is currently employed at the time the voluntary retirement request is made.  A leave of absence may interrupt continuous service without affecting the continuous years of service rule.  Professional and military leave will qualify toward continuous service;

When a classified employee* retires after Twelve (12) or more years of continuous employment with the East Buchanan Community School District and has accumulated sick leave up to a maximum of 120 days sick leave, a retirement stipend shall be paid based upon the following schedule. The retiring employee’s retirement benefit check will be paid out on July 20^th of the retiring year.

1. The retirement applicant will be paid one hundred dollars ($100.00) for each eligible sick day times their average FTE (maximum 1.0 FTE).
2. Each retirement applicant will have their FTE determined by averaging the FTE for the previous four (4) contract years and their FTE during the school year in which they request retirement.
3. Each retirement applicant will have their number of eligible sick days determined by averaging the remaining sick days on May 30th for the previous four (4) contract years and their remaining sick days on May 30th during the school year in which they request retirement.

The early retirement program is not available to any employee who has received notification of possible contract termination or who has been discharged, with the Board of Education the final determiner of that status.

Classified employees must submit a written application to the Superintendent of Schools at least sixty (60) days prior to their retirement date. 

*  An employee in a classified position must have been employed during the entire school year – from the first student day of school to the last student day of school between July 1^st and June 30^th to be credited with one year of employment.

_______________________________________________________________________________________________________________________

Legal Reference:           29 U.S.C. Sect. 621 et seq.  (2012)

                                       Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46 (2013).

                                       1978 Op. Att'y Gen. 247

                                       1974 Op. Att'y Gen. 11, 322.

Cross Reference:           412       Classified Employee Compensation and Benefits

                                      413       Classified Employee Termination of Employment          

 Approved:   July 16, 2001        

Reviewed:   November 9, 2016 (revised); November 14, 2018; December 11, 2019; November 11, 2020; December 8, 2021; December 12, 2022 (revised); July 12, 2023

Board Policy East Buchanan Community Schools

 

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.

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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.

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Cross Reference:           404       Employee Conduct and Appearance

                                    413.4    Classified Employee Dismissal

                                    413.5    Classified Employee Reduction in Force

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Approved:  November 9, 2005        

Last Reviewed:  June 14, 2023

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The board believes classified employees should perform their jobs, respect board policy and obey the law.  A classified employee may be dismissed upon two weeks 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.

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Legal Reference:           Iowa Code §§ 20.7, .24.

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Cross Reference:           404       Employee Conduct and Appearance

                                    413.3    Classified Employee Suspension

                                    413.5    Classified Employee Reduction in Force

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Approved:  November 9, 2005        

Last Reviewed:  June 14, 2023

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Board Policy East Buchanan Community Schools

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 two weeks 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.

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Legal Reference:           Iowa Code §§ 20.7, .24.

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Cross Reference:           407.5    Licensed Employee Reduction in Force

                                    413.4    Classified Employee Suspension

                                    413.5    Classified Employee Dismissal                          

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Approved:  November 9, 2005

Last Reviewed:  June 14, 2023                   

Board Policy East Buchanan Community Schools