The Board values all employees in the district and believes an all-employee handbook provides the governance of rules and procedures for employees.

This handbook is a general source of information and may not include every possible situation that could arise. It is not intended and does not constitute a contract between the school district and employees. It is the employee's responsibility to refer to the district policies and/or administrative procedures for further information. Whenever the provisions of this handbook are in conflict with those of a board-adopted policy, an applicable collective bargaining agreement, or any other formal employment contract, the terms of the policy, collective bargaining agreement, and/or employment contract will govern.

Although every effort will be made to update the handbook on a timely basis, there may be occurrences where the district changes policies, procedures, benefits, and terms of employment.

The Board also recognizes the need for a consistent and orderly system, therefore, if, at all possible, handbook changes will occur on an annual basis. These changes will be shared with the handbook committee prior to board approval.

The handbook committee is comprised of the superintendent, business director, Board HR committee representation, food service director, transportation director, facilities director, representatives from food service, transportation, facilities, teacher associates, secretaries, and three teachers. The committee members will be on a three-year term. If more than one employee represents a group, those committee members will be on rotation. The first year, one member would be appointed to a three year term, one to a two year term, and one to a one-year term. The committee will not be larger than 15 at any time. Each department/group helps select individuals to represent them on this committee.

It is the responsibility of the superintendent, in conjunction with central office staff to set the agenda and meeting dates. The meetings will take place at least quarterly for an hour at a time. Handbook Committee Members will email the superintendent's secretary with subjects/items they would like to see placed on the agenda for possible discussion.

The responsibilities of the committee include bringing forward items from the handbook for discussion at the committee level. Committee work may include best practices, research on the system's organizational health, other district employee handbooks, or current working practices within the district. As a committee, a general consensus of what may work for FCSD will be shared for possible consideration by district management. The final handbook will be taken to the board annually prior to the start of the fiscal year.

The board has the final approval of the handbook.

Approved:  June 18, 2018
Reviewed:  May 21, 2018
Revised:     May 21, 2018

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

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

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

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

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Fairfield Community School District,  403 South 20^th Street, Fairfield, Iowa  52556-4243; or by telephoning 641-472-2655. 

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

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

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

Cross Reference:  102 Equal Educational Opportunity
                                      104    Bullying/Harassment
                                      405.2 Licensed Employee Qualifications, Recruitment, Selection
                                      411.2 Classified Employee Qualifications, Recruitment, Selection

Approved:  Feb. 11, 1985, March 19, 2012, December 19, 2017
Reviewed:  July 20, 2007, Oct. 11, 2010, March 19, 2012, November 7, 2017
Revised:  Oct. 8, 1990, Aug. 13, 2007, Nov. 8, 2010, March 19, 2012

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

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

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

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

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

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

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

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

•   Cease the outside employment or activity; or

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

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

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

Legal Reference:  7 C.F.R. 3016.36(3)
                                       Iowa Code §§ 20.7; 68B; 279.8; 301.28 (2013).

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

Approved:  Feb. 10, 1997, March 19, 2012, December 19, 2017      
Reviewed:  Aug. 24, 2005, Sep. 14. 2009, March 19, 2012, November 7, 2017   
Revised:   Oct. 12, 2009, March 19, 2012 

More than one family member may be an employee of the school district.  It will be 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 by the board of more than one individual in a family will be on the basis of their qualifications, credentials and records.

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

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

Approved:  Feb. 10, 1997, March 19, 2012, December 19, 2017           
Reviewed:  Aug. 24, 2005, March 19, 2012, November 7, 2017.
Revised:                           

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

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

Cross Reference:  307 Communication Channels

Approved:  Feb. 10, 1997, March 19, 2012, December 19, 2017           
Reviewed:  Aug. 24, 2005, March 19, 2012, November 7, 2017
Revised:                           

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, and 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 except the total amount charged for all copies cannot exceed $5.00.  However, employees 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 will be the responsibility of the superintendent to keep employees' personnel files current.  The board secretary will be the custodian of employee records.

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

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

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

Approved:  Feb. 11, 1985, March 19, 2012 , December 19, 2017          
Reviewed:  Aug. 24, 2005, March 19, 2012, November 07, 2017.    
Revised:  Feb. 10, 1997

Generally, transportation of students will be in a motor vehicle owned by the school district and driven by an employee.  In some cases, it may be more economical or efficient for the school district to allow an employee of the school district to transport the students in the employee's motor vehicle.

Employees who transport students for school purposes must have the permission of the administration.

This policy statement applies to transportation of students for school purposes in addition to the regular bus route transporting students to and from their designated attendance center.

Legal Reference:  Iowa Code chs. 285; 321 (1995).

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

Approved:  Feb. 10, 1997, March 19, 2012, December 19, 2017          
Reviewed:  Aug. 24, 2005, March 19, 2012, November 07, 2017
Revised:                           

Employees traveling on behalf of the school district and performing approved school district business will be reimbursed for their actual and necessary expenses up to the limits set by the Board in the teacher handbook.  Actual and necessary travel expenses will include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses and actual registration costs up to the district’s approved limits.

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, will be approved by the superintendent.

Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with an itemized list of expenses incurred in the performance of their duties and a receipt for all expenses incurred, other than a credit card 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 will be maintained as part of the school district's record of the claim.

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

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 at the district rate per mile.

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 will be reimbursed at the district rate per mile.  It will be the responsibility of the superintendent to approve travel within the school district by employees.  It will be the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.

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

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

At Request of School District

In unique situations where the district desires to send select personnel to a specific event, the superintendent may preapprove payment or reimbursement of registration, overnight, travel and/or meals at cost.

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

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

Approved:  Feb. 10, 1997, March 19, 2012, December 19, 2017, July 20, 2018, August 20, 2018             
Reviewed: Aug. 24, 2005, Nov. 9, 2009, Oct. 11, 2010, March 19, 2012, November 7, 2017, July 20, 2018    
Revised:  Dec. 14, 2009, Nov. 8, 2010, March 19, 2012

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

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

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

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

Approved:  Feb. 10, 1997, March 19, 2012, December 19, 2017           
Reviewed:  Aug. 24, 2005, March 19, 2012, November 07, 2017    
Revised:                               

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

Violation of this policy may be grounds for disciplinary action.

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

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

Approved:  Feb. 10, 1997, March 19, 2012, December 19, 2017           
Reviewed:  Aug. 24, 2005, March 19, 2012, November 07, 2017.    
Revised:                               

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

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

The school district may maintain a school district credit card for actual and necessary expenses incurred by employees and officers in the performance of their duties.  The superintendent may maintain a school district credit card for actual and necessary expenses incurred in the performance of the superintendent’s duties.  The transportation director may maintain a school district credit card for fueling school district transportation vehicles in accordance with board policy.

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

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

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

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

Approved:  Feb. 10, 1997, March 19, 2012, December 19, 2017           
Reviewed:  Aug. 24, 2005, Apr. 13, 2009, March 19, 2012, November 7, 2017.    
Revised:  May 11, 2009

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.

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:  Feb. 10, 1997, Sep 15, 2014, December 19, 2017           
Reviewed:  Aug. 24, 2005, Aug 18, 2014, November 07, 2017    
Revised:    Aug 18, 2014                   

Computers are a powerful and valuable education and research tool and, as such, are an important part of the instructional program.  In addition, the school district depends upon computers as an integral part of administering and managing the schools’ resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies and materials.  This policy outlines the board’s expectations in regard to these different aspects of the school district’s computer resources.  Employees must conduct themselves in a manner that does not disrupt from or disrupt the educational process and failure to do so will result in discipline, up to and including, discharge.

General Provisions

The Director of Technology will oversee the use of school district computer resources. The TLC Specialist and Curriculum Director in conjunction with the Director of Technology will prepare in-service programs for the training and development of school district staff in computer skills, appropriate use of computers and for the incorporation of computer use in subject areas.

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

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

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

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

Social Networking or Other External Web Sites

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

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

Legal Reference:  Iowa Code § 279.8 (2013).
                                        282 I.A.C. 13.35, .26

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

Approved:  December 19, 2017         
Reviewed:  July 11, 2011, November 07, 2017                                                             
Revised:     September 18, 2017 

Fairfield Community School District prohibits the texting or talking on a hand-held phone while operating a district vehicle or while using a school district issued cell phone while operating a personal vehicle.  This includes, but is not limited to:  answering or making phone calls, engaging in phone conversations, reading or responding to e-mails and text messages.

Fairfield Community School District employees are required to: 

• Turn cell phones off or put on silent, vibrate or connect to a hands free device before beginning the trip.
• Pull over to a safe place if a call must be made or received while on the road, unless already connected to a hands free device.
• Consider modifying voice mail greeting to indicate that you are unavailable to answer calls or return messages while driving.
• Inform clients, associates and business partners of this policy as an explanation of why calls may not be returned immediately.

Vehicles that are operated that require a Commercial Driver’s License (CDL) must follow the restrictions for cell phone usage as required for the CDL.  Applicable state laws which may be more restrictive must be followed where the vehicle is being operated for all operators.

Violations of this policy may lead to disciplinary action and denial of use of school vehicles and district cell phones.

Approved:  July 11, 2011, February 18, 2019, May 18, 2020   
Reviewed:  July 11, 2011, January 21, 2018, March 16, 2020
Revised:  May 18, 2020

The Fairfield Community School District Board of Directors is offering a one-time, supplemental benefit of early retirement for those employees who meet the eligibility and application requirements. The program provides an incentive that will be of mutual benefit to the District and employees. The benefit to the District will be cost savings in the general fund and the benefit to employees will be cash incentive and single health insurance until age 65 to aid in the transition to retirement. Participation in this program is voluntary. This plan is for the year ending June 30, 2021 only. There is no guarantee that this program, or any early retirement program, will be offered in future years.

Eligibility Requirements:

The Board of Directors hereby extends an offer of early retirement benefits to all full-time, regular employees who meet all of the following requirements: at least 55 years of age on or before June 30, 2021 and currently have at least 10 years of continuous service with the district.

Application Requirements:

An employee who wants to receive early retirement benefits must complete and turn in an application to the A.C.T. office (See Policy 401.15R1). Approval by the Board of Directors of the employee’s application for early retirement benefits constitutes voluntary resignation from all employment with the district provided they finish out their contract and are not scheduled for layoff or have received an official notice of layoff/termination.  

Resignation Date for Year-Round Employees:

In an effort to ease the transition of certain key support personnel, a 12-month employee may request and qualify for this early retirement incentive with the understanding that his/her retirement date may be delayed to a date mutually beneficial to the District and the retiring employee. However, the final date of separation will be within a six-week period following June 30, 2021. 

Benefit Computation:

An employee who participates in this early retirement program will receive 20%-40% of his/her base salary in the final year of employment (See chart below).  The benefit will be calculated on regular contract, base salary only; not including any stipend, TLC contract, extra-curricular, co-curricular, or over-time pay. For purposes of calculating the years of service, employment must be continuous, regular, and based on 30 hours or more per week.  Absence due to reductions in force or due to approved leaves will not constitute a voluntary interruption in service, unless the absence or leave exceeds six (6) consecutive months in length. However, the period of time during which an employee is absent due to a reduction in force or due to an approved leave will not be counted for purposes of determining the minimum length of service required to establish eligibility.

Benefit Payment

Payment to employees of early retirement funds shall be made in two payments over a two-year period with the first payment made approximately on September 25th of the year of retirement. The second payment will be made one year later. All cash distributions will be made into the District’s Special Pay Deferral Plan. (If a 12-month employee delays the date of retirement, his/her first benefit payment will be made approximately 60 days after his/her final date of employment.)

In the event of the death of the employee prior to the full payment of the designated amount, payment shall be made to a designated beneficiary, or in the event no beneficiary is named, payment will be made to the estate of the employee. In the event of the death of the employee, the entire sum remaining to be paid to the beneficiary or estate will be paid in one lump sum.

Program Timeline

Completed applications for early retirement must be received in the office of the Superintendent by Noon, February 01, 2021. Applications will be accepted via email to:  christine.willmon@fairfieldsfuture.org or in person.  Any eligible employee who has not committed their participation in the program by Noon on February 01, 2021, will forever lose their opportunity to participate in this Early Retirement Program. 

Benefit Payments Limit

The Board will limit the total early retirement benefits paid under this program to a total of $2,000,000. If it will be necessary to limit the number of approved applications, the Board will use a process based on seniority in Fairfield and the most senior employee(s) will be granted early retirement benefits.

Status of Participants

An employee who elects to participate in this early retirement program and whose application for early retirement is approved will become a retired employee and will be entitled to all rights and privileges of an employee under applicable law and policies of the Fairfield Community School District. An employee who elects to participate in this early retirement program and whose application for early retirement is approved shall not be eligible to be rehired in any capacity with the Fairfield Community School District nor shall the District be required to accept an application for employment from an employee who elects to participate in this early retirement program; however, that, at the sole discretion of the Board of Directors, the District may employ an employee who elects to participate in this early retirement program as a temporary substitute employee.

Additional Provisions and Conditions:

All eligible employees who elect early retirement will receive single health insurance.  The health insurance coverage available under this plan shall be the group coverage offered to the staff and may be altered from time to time.  All employees who elect early retirement may purchase health insurance by paying the entire premium for family coverage until the maximum age permitted by the policy. In accordance with Iowa Code 509A.13, employees are eligible to participate until age 65. Employees paying for family insurance must arrange a payment schedule with the District’s Business Office one month prior to the start of coverage. Failure to meet the arranged payment schedule shall result in the loss of family insurance coverage.

Right to Waive Requirements:

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

Termination:

This plan shall terminate on June 30, 2021. Notwithstanding the termination of this plan, employees who are granted benefits pursuant to this plan will continue to receive such benefits as set forth herein.

No Vesting/Right to Amend or Revoke:

The adoption of this Early Retirement Plan shall not vest any right in any employee whether or not the employee is currently eligible for early retirement.  The Board shall have the complete discretion to amend or repeal this plan or any provisions thereof at any time with or without notice and shall not be obligated to provide any benefits to any employee after the date of such amendment or repeal, except to those employees whose early retirement pursuant to this plan has commenced prior to amendment or repeal.

Conflict/Severability:

Should any portion of this policy be in conflict with state or federal rules, regulations or laws, that portion of the policy shall be invalid, and all other portions remain in full force and effect. Any decision by the Board to waive a requirement or condition which is part of this policy shall not establish any precedent with regard to future requests for a waiver.

Plan Interpretation:

The Board is the final arbiter of all questions of interpretation under this plan, including but not limited to, questions of eligibility or benefit calculations.

An employee contemplating participation in this early retirement program should seek the advice of a financial planner and/or an attorney.

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 will be the responsibility of the board secretary or superintendent to respond to inquiries from creditors.

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

Cross Reference:  401.5 Employee Records

Approved:  Feb. 10, 1997, Jan. 15, 2018      
Reviewed:  Aug. 24, 2005, Nov. 1, 2012, Dec. 19, 2017    
Revised:    Nov. 1, 2012, Dec. 19, 2017    

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 para educators 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 will 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 will 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 shall also be notified. 

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

Legal Reference:  Iowa Code §§ 232.67-.77; 232A; 235A; 280.17 (2011).
                                      441 I.A.C. 9.2; 155; 175.
                                      1982 Op. Att'y Gen. 390, 417.
                                      1980 Op. Att'y Gen. 275.

Cross Reference:  402.3 Abuse of Students by School District Employees
                                      502.9 Interviews of Students by Outside Agencies
                                      507    Student Health and Well-Being

Approved:  Oct. 11, 1993, Dec. 17, 2012, Jan. 15, 2018     
Reviewed:  Aug. 24, 2005, Nov.1, 2012, Dec. 19, 2017   
Revised:     Nov. 9, 2012, Dec. 19, 2017   

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:  106      Bullying/Harassment
                                       402.2   Child Abuse Reporting
                                       503.5    Corporal Punishment

Approved:  Dec. 13, 2010, Dec. 17, 2012, Jan. 15, 2018     
Reviewed:  Nov. 1, 2012, Dec. 19, 2017    
Revised:     Nov. 1, 2012, Dec. 19, 2017     

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;
•   Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
•   Funeral flowers or memorials to a church or nonprofit organization;
•   Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;
•   Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or
•   Gifts other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee.
• Actual registration costs for informational meetings or sessions, which assist a public official or public employee in the performance of the person's official functions.  The costs of food, drink, lodging and travel are not "registration costs" under this paragraph.  Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.

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

•   Actual expenses of an employee for registration, food, beverages, travel or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
•   A 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 will be the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.

Legal Reference:  Iowa Code ch. 68B (2013).
                                       1972 Op. Att'y Gen. 276.
                                       1970 Op. Att'y Gen. 319.

Cross Reference:  217    Gifts to Board of Directors
                                       401.2  Employee Conflict of Interest
                                       704.4  Gifts-Grants-Bequests

Approved:  Oct. 9, 1989, Dec. 17, 2012, Jan. 15, 2018     
Reviewed:  Aug. 24, 2005, Nov. 1, 2012, Dec. 19, 2017     
Revised:  Oct. 10, 1994, Nov. 1, 2012, Dec. 19, 2017    

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

The board firmly believes concerns should be resolved at the lowest organizational level by those individuals closest to the concern.  Whenever a complaint or concern is brought to the attention of the board it will be referred to the administration to be resolved.  Prior to board action however, the following should be completed:

     (a)   Matters concerning an individual student, teacher, or other employee should first be addressed to the teacher or employee.

     (b)   Unsettled matters from (a) above or problems and questions about individual attendance centers should be addressed to the employee's building principal for licensed employees and the superintendent for classified employees.

     (c)   Unsettled matters regarding district employees from (b) above or problems and questions concerning the school district should be directed to the superintendent.

     (d)   If a matter cannot be settled satisfactorily by the superintendent, it may then be brought to the board.  To bring a concern regarding an employee, the individual may notify the board president in writing, who may bring it to the attention of the entire board, or the item may be placed on the board agenda of a regularly scheduled board meeting in accordance with board policy 210.8.

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

Legal Reference:  Iowa Code § 279.8 (2013).

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

Approved:  Feb. 10, 1997, Dec. 17, 2012, Jan. 15, 2018     
Reviewed:  Aug. 24, 2005, Nov. 1, 2012, Dec. 19, 2017          
Revised:  Nov. 1, 2012, Dec. 19, 2017    

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

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

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

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

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

Approved:  Feb. 10, 1997, Dec. 17, 2012, Jan. 15, 2018     
Reviewed:  Aug. 24, 2005, Nov. 1, 2012, Dec. 19, 2017          
Revised:   Nov. 1, 2012, Dec. 19, 2017    

Good health is important to job performance. Employment in the following positions is dependent upon a successful physical examination report. All employees identified as having reasonably anticipated contact with blood or infectious materials will receive the Hepatitis B vaccine or sign a written waiver stating that they will not take the vaccine. *Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations, when requested to do so, at the expense of the school district.

Teacher Associates

The school district will pay for an initial back screening using the District’s designated medical provider. The form indicating the employee is able to perform the duties for which the employee was hired must be returned prior to payment of salary.

Custodians and Maintenance Workers

The school district will pay for an initial back screening using the district’s designated medical provider.  The form indicating the employee is able to perform the duties for which the employee was hired must be returned prior to payment of salary.

Food Service Workers

The school district will pay for an initial back screening using the district’s designated medical provider.  The form indicating the employee is able to perform the duties for which the employee was hired must be returned prior to payment of salary.

Preschool Employees

Preschool employees (teachers and associates) are required to have a documented health assessment completed before starting work or having contact with children. The health assessment must be updated every two years. The documented health assessment includes: immunizations status; capacities and limitations that may affect job performance and documentation by a licensed health professional of TB skin testing using the Mantoux method and showing the employee to be free from active TB disease.

Preschool employees will have the health assessment administered at the district’s designated medical provider.

School Bus Drivers

School bus drivers will present evidence of good health every other year in the form of a Department of Transportation (DOT) physical examination report unless otherwise required by law or medical opinion. School bus drivers will have the DOT physical examination administered at the district’s designated medical provider.

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

*The District will designate the facility to be used for all employment-related physicals as:

Jefferson County Health Center 2000B S Main St Fairfield, IA 52556

Legal Reference:  29 C.F.R. Pt. 1910.1030 (2010).
                                       Iowa Code §§ 20.9; 279.8, 321,365 (2011).
                                       281 I.A.C. 12.4(14); 43.15 -.20.

Cross Reference:  403 Employees’ Health and Well-Being

Approved:  Feb. 10, 1997, Dec. 17, 2012, May 20, 2013, May 13, 2015, Sept 26, 2016, May 20, 2019
Reviewed:  Feb. 13, 2006, June 14, 2010, Nov.1, 2012, Apr. 28, 2014, Oct 27, 2014, Mar 16, 2015, Jul 25, 2016, April 15, 2019
Revised:  Oct. 9, 2000, Dec. 15, 2003, Mar. 13, 2006, July 12, 2010, Nov.1, 2012, Apr.28, 2014, Mar 16, 2015, Jul 25, 2016, May 20, 2019

When an employee becomes seriously injured on the job, the building principal shall 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.  In the case of illness, an employee shall be turned over to the care of the employee's family or qualified medical employees as soon as reasonably possible.  The school district is not responsible for medical treatment of non-work-related injury or illness.

If medical treatment is necessary, for work-related injury or illness, the employee will be directed to the District’s designated medical provider.  For a serious injury or illness (or any treatment that should not wait until the next day) seek treatment at the Jefferson County Health Center or the nearest emergency medical facility.

All employees who experience a work related injury will, along with their supervisor, call the EMC “On Call Nurse” 24 hour phone line.  The nurse will give directions for further care as well as file the initial employees’ Work Injury Report.

Legal Reference:  Iowa Code §§ 85; 279.40; 613.17 (2013).
                                      1972 Op. Att'y Gen. 177.

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

Approved:  Feb. 10, 1997, March 19, 2012, May 13, 2015, Jan. 15, 2018     
Reviewed:  Aug. 24, 2005, June 14, 2010, March 19, 2012, Apr.28, 2014, Oct 27, 2014, Mar 16, 2015, December 19, 2017    
Revised:  July 12, 2010, March 19, 2012, Apr.28, 2014, December 19, 2017    

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 shall 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.

An employee who is at work and who has a communicable disease which creates a substantial risk of harm to a student, coworkers, or others at the workplace will report the condition to the superintendent any time the employee is aware that the disease actively creates such risk.

Health data of an employee is confidential and it will not be disclosed to third parties.  Employees’ medical records are kept in a file separate from their personal file.

It is the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with employees with a communicable disease.

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

Legal Reference:  School Board of Nassau County v. Arline, 480 U.S. 273 (1987).
                                      29 U.S.C. § 794, 1910 (2012).
                                      42 U.S.C. §§ 12101 et seq. (Supp. 2012).|
                                      45 C.F.R. Pt. 84.3 (2012).
                                      Iowa Code § 139; 141 (2013).
                                      641 I.A.C. 1.2-.7.0

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

Approved:  June 13, 1988, Dec. 17, 2012, Jan. 15, 2018, May 18, 2020     
Reviewed:  Sep. 28, 2005, Nov.1, 2012, December 19, 2017, April 9, 2020          
Revised:  Oct. 10, 1994, Oct. 10, 2005, Nov.1, 2012, December 19, 2017, May 18, 2020 

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 will be distributed to all employees, and training will be conducted for the appropriate employees.  The superintendent or designee will maintain a file indicating when which hazardous substances are present in the workplace and 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 or designee to develop administrative regulations regarding this program.

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

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

Approved:  Oct. 12, 1987, Dec. 17, 2012, Jan. 15, 2018     
Reviewed:  Aug. 24, 2005, Nov.1, 2012, December 19, 2017         
Revised:  June 12, 1989, Nov.1, 2012, December 19, 2017   

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, barbiturate, marijuana or any other controlled substance alcoholic beverage, or tobacco as defined by federal or state law.  "Workplace" includes school district facilities, school district premises or school district vehicle.  "Workplace" also includes non-school property if the employee is at any school-sponsored, school-approved or school-related activity, event or function, such as field trips or athletic events where students are under the control of the school district or where the employee is engaged in school business.

District employees in possession of controlled substances, alcohol, or tobacco in the workplace are subject to disciplinary actions whether or not they are convicted of a criminal act. If an employee is convicted of a violation of any criminal drug offense committed in the workplace, the employee will notify the employee's supervisor of the conviction within five days of the conviction.

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

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

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

Legal Reference:  41 U.S.C. §§ 701-707 (2012).
                                      42 U.S.C. §§ 12101 et seq. (2012).
                                      29 C.F.R. 1910, 1200 et seq. (2012).
                                      Iowa Code §§ 88,89B (2013).
                                      347 I.A.C. 120

Cross Reference:  404 Employee Conduct and Appearance

Approved:  Oct. 9, 1989, Dec. 17, 2012, Jan. 15, 2018     
Reviewed:  Aug. 24, 2005, Nov. 1, 2012, Dec. 19, 2017    
Revised:  Feb. 10, 1997, Nov. 1, 2012, Dec. 19, 2017    

Employees who operate school vehicles classified as “commercial motor vehicles” by the U.S. Department of Transportation, and are required to possess a commercial driver’s license (CDL) to operate those vehicles, are subject to drug and alcohol testing.

A “commercial motor vehicle” is a vehicle that transports sixteen or more persons including the driver or has a gross vehicle weight rating (GVWR) of 26,001 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 commercial motor vehicle owned by the school.

Employees or employee applicants who will operate a school vehicle as described above are subject to pre-employment drug testing prior to being allowed to perform a safety sensitive function using the school vehicle.  In addition, employees will be subject to 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 superintendent/and or transportation director at 403 S. 20^th Street, Fairfield, Iowa, 52556.

Employees who violate the terms of this policy may be subject to discipline up to and including termination.  Employees who violate this policy bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and a substance abuse treatment program recommended by the substance abuse professional.  Employees who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program will no longer be allowed to operate a commercial motor vehicle owned by the school and in addition may be subject to discipline up to and including termination. 

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

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

Legal Reference:  American Trucking Association, Inc. v. Federal Highway Administration, 51 Fed. 3^rd 405 (4^th Cir. 1995).
                                            49 U.S.C. §§ 5331 et. Seq. (2012).
                                      42 U.S.C. §§ 12101 (2012).
                                      41 U.S.C. §§ 701-707 (2012).
                                      49 C.F.R. Pt. 40; 382; 391.81-123 (2012).
                                      34 C.F.R. Pt. 85  (2012).
                                      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  (2013).

Cross Reference:  403.6  Substance-Free Workplace
                                      409.2  Licensed Employee Personal Illness Leave
                                      414.2  Classified Employee Personal Illness Leave

Approved:  Nov. 13, 1995, Dec. 17, 2012, Jan. 15, 2018     
Reviewed:  Aug. 24, 2005, Nov.1, 2012, Dec. 19, 2017
Revised:  Mar. 14, 2005 , Nov.1, 2012 Dec. 19, 2017    

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING PROGRAM POLICY ARE HEREBY NOTIFIED they are subject to the school district’s Drug and Alcohol Testing Program for pre-employment drug testing and in addition are subject to random, reasonable suspicion, post-accident, return-to-duty, and follow-up drug and alcohol testing as outlined in the Drug and Alcohol Testing Program Policy, its supporting documents, regulations and the law.

Employees who operate school vehicles classified as “commercial motor vehicles” by the U.S. Department of Transportation are subject to drug and alcohol testing.  A “commercial motor vehicle” is a vehicle that transports sixteen or more persons including the driver or has a gross vehicle weight rating (GVWR) of 26,001 pounds or more.  For purposes of the Drug and Alcohol Testing Program, “employees” also includes applicants who have been offered a position to operate a commercial motor vehicle owned by the school.  Employees who will operate a school-owned commercial motor vehicle are subject to the Drug and Alcohol Testing Program regulations beginning the first day they are offered a position to operate a school vehicle and continue to be subject to the Drug and Alcohol Testing Program until such time employment is terminated or the employee will no longer operate, at any time, a commercial motor vehicle for the school.

It is the responsibility of the superintendent/and or transportation director to inform employees of the Drug and Alcohol Testing Program requirements.  Employees with questions regarding the drug and alcohol testing requirements will contact a school district contact person.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING PROGRAM POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents or regulations will be subject to discipline up to and including termination.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING PROGRAM POLICY ARE FURTHER NOTIFIED it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program Policy, its supporting documents, regulations and the law.  It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using.  Drug and alcohol testing records about a driver are confidential and are released in accordance with this policy, its supporting documents, regulations or the law.

EMPLOYEES GOVERNED BY THE DRUG AND ALCOHOL TESTING PROGRAM POLICY ARE FURTHER NOTIFIED that employees violating this policy, its supporting documents, regulations or the law will be subject to discipline up to and including termination.  As a condition of continued employment, employees violating this policy, its supporting documents, regulations or the law bear the personal and financial responsibility, as a condition of continued employment, to successfully participate in a substance abuse evaluation and a substance abuse treatment program recommended by the substance abuse professional.  Employees who are required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program will be subject to discipline up to and including termination.

DRUG AND ALCOHOL TESTING PROGRAM ACKNOWLEDGMENT FORM

I, (____________________), have received a copy, read and understand the Drug and Alcohol
          Name of Employee

Testing Program Policy and its supporting documents.  I consent to submit to the Drug and Alcohol Testing Program as required by the Drug and Alcohol Testing Program Policy, its supporting documents, regulations and the law.

I understand that if I violate the Drug and Alcohol Testing Program Policy, its supporting document, regulations or the law, I may be subject to discipline up to and including termination or I may be required to successfully participate in a substance abuse evaluation and a substance abuse treatment program, if recommended by the substance abuse professional.  If I am required to and fail to or refuse to successfully participate in a substance abuse evaluation or recommended substance abuse treatment program, I understand I will be subject to discipline up to and including termination.

I further understand that drug and alcohol testing records about me are confidential and may be released in accordance with this policy, its supporting documents, regulations or the law.

________________________________________                    ____________________________
                     (Signature of Employee)                                                                (Date)

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

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

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

Legal Reference:  Clay v. Independent School District of Cedar Falls, 187 Iowa 89, 174 N.W. 47 (1919).
                                      Iowa Code §§ 256.7(3); 272.6; 272A; 279.8; 294.1 (2013)
                                      282 I.A.C. 14.
                                      281 I.A.C. 12.4; 41.25.
                                      1940 Op. Att'y Gen. 375.

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

Approved:  Feb. 11, 1985, Dec. 17, 2012, February 19, 2018    
Reviewed:  Aug. 24, 2005, Nov. 9, 2012, 1/15/18    
Revised:  Feb. 10, 1997, Nov. 9, 2012, 1/15/18      

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 without regard to age, race, creed, color, sex, national origin, religion, sexual orientation, gender identity or disability.  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 will be in a manner, which the superintendent believes will inform potential applicants about the position.  The application process will be via the district’s website at http://www.fairfieldsfuture.org. 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.

Legal Reference:  29 U.S.C. §§ 621-634 (2010).
                                      42 U.S.C. §§ 2000e, 12101 et seq. (2010).
                                      Iowa Code §§ 20; 35C; 216; 294.1(2017).
                                      281 I.A.C. 12.
                                      282 I.A.C. 14.
                                      1980 Op. Att'y Gen. 367.

Cross Reference:  401.1  Equal Employment Opportunity
                                      405     Licensed Employees - General
                                      410.1  Substitute Teachers

Approved:  Feb. 11, 1985, Dec. 17, 2012, February 19, 2018       
Reviewed:  July 20, 2007, Oct. 11, 2010 , Nov.9, 2012, January 15, 2018  
Revised:  Feb. 10, 1997, Aug. 13, 2007, Nov. 8, 2010, Nov.9, 2012, January 15, 2018   

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

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

Legal Reference:  Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).
                                      Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 467 (1927).
                                      Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).
                                      Iowa Code chs. 20; 279 (2017).

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

Approved:  Feb. 11, 1985, Dec. 17, 2012, February 19, 2018         
Reviewed:  Aug. 24, 2005, Nov.9, 2012, January 15, 2018     
Revised:  Feb. 10, 1997, Nov.9, 2012, January 15, 2018    

Contracts entered into with licensed employees, other than an administrator, will continue from year to year unless the contract states otherwise, is modified by mutual agreement between the board and the employee, or the contract is terminated by the board.

The first three years of a new licensed employee's contract is a probationary period unless the employee has already successfully completed the probationary period in an Iowa school district.  New employees who have successfully completed a probationary period in a previous Iowa school district will serve a one-year probationary period. In the event of termination of the employee’s contract during this period, the board will afford the licensed employee appropriate due process.  The action of the board will be final.

Licensed employees whose contracts will be recommended for termination by the board will receive notice prior to April 30.  The superintendent shall 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 board policies in those areas.

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 §§ 20; 272; 279.12-.19B, .27; 294.1 (2013).

Cross Reference:  405.3  Licensed Employee Individual Contracts
                                      405.9  Licensed Employee Probationary Status
                                      407    Licensed Employee Termination of Employment

Approved:  Feb. 11, 1985, Dec. 17, 2012, February 19, 2018          
Reviewed:  Aug. 24, 2005, Nov.9, 2012, January 15, 2018    
Revised:  Oct. 9, 2000, Nov.9, 2012, January 15, 2018

The workday for licensed employees shall be eight hours as determined by Master Contract and building schedule. "Day" is defined as one workday regardless of full-time or part-time status of an employee.

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

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

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

The requirements stated in the Employee Handbook regarding workday of such employees will be followed.

Legal Reference:  Iowa Code §§ 20; 279.8 (2011).

Cross Reference:  200.2 Powers of the Board of Directors

Approved:  Feb. 11, 1985, Dec. 17, 2012, February 19, 2018             
Reviewed:  Aug. 24, 2005, Nov.9, 2012, January 15, 2018  
Revised:  Feb. 10, 1997, Nov.9, 2012, January 15, 2018   

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

It is the responsibility of the superintendent to make recommendations to the board regarding the assignment of licensed employees.

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

Cross Reference:  200.2 Powers of the Board of Directors

Approved:  Feb. 11, 1985, Dec. 17, 2012, February 19, 2018               
Reviewed:  Aug. 24, 2005, Nov.9, 2012, January 15, 2018   
Revised:  Feb. 10, 1997, Nov.9, 2012, January 15, 2018   

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 or the superintendent.

It is the responsibility of the superintendent to make recommendations to the board regarding the voluntary or involuntary transfer of licensed employees.

Legal Reference:  Iowa Code §§ 20.9; 216.14; 279.8 (2011).

Cross Reference:  405.2 Licensed Employee Qualifications, Recruitment, Selection
                                      405.6 Licensed Employee Assignment

Approved:  Feb. 11, 1985, Dec. 17, 2012, February 19, 2018    
Reviewed:  Aug. 24, 2005, Nov. 9, 2012, January 15, 2018    
Revised:  Feb. 10, 1997, Nov. 9, 2012, January 15, 2018

Evaluation of licensed employees on their skills, abilities, and competence will be 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 the past year's 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.
• Behave in a professional manner.

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

Legal Reference:  Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).
                                      Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).
                                      Iowa Code §§ 20.9; 279.14, .19, .27 (2013).
                                      281 I.A.C. Ch 83; 12.3(4).

Cross Reference:  405.2  Licensed Employee Qualifications, Recruitment and Selection
                                      405.9  Licensed Employee Probationary Status

Approved:  Feb. 11, 1985, Dec. 17, 2012, February 19, 2018              
Reviewed:  Aug. 24, 2005, Nov. 9, 2012, January 15, 2018
Revised:  Feb. 10, 1997, Dec. 10, 2010, Nov. 9, 2012, January 15, 2018

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

Only the board, in its discretion, may waive the probationary period.  The board may extend the probationary period with the consent of the licensed employee.  The board will make the decision to extend or waive a licensed employee's probationary status based upon the superintendent's recommendation.  During this probationary period the board may terminate the licensed employee's contract at year-end or discharge the employee in concert with corresponding board policies.

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

Legal Reference:  Iowa Code §§ 279.12-.19B (2013).

Cross Reference:  405.4  Licensed Employee Continuing Contracts
                                      405.8  Licensed Employee Evaluation

Approved:  Feb. 10, 1997, Dec. 17, 2012, February 19, 2018             
Reviewed:  Aug. 24, 2005, Nov. 9, 2012, January 15, 2018    
Revised:  Oct. 9, 2000, Nov. 9, 2012, January 15, 2018    

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

It is the responsibility of the superintendent to make a recommendation to the board annually regarding the base wage.  The base wage shall be subject to review and modification through the collective bargaining process.

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

Legal Reference:  Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2017).

Cross Reference:  405    Licensed Employees - General
                                      406.2  Licensed Employee Salary Schedule Advancement

Approved:  Feb. 11, 1985, Dec. 17, 2012, February 19, 2018               
Reviewed:  Aug. 24, 2005, Nov. 9, 2012, January 15, 2018    
Revised:  Feb. 10, 1997, Nov. 9, 2012, January 15, 2018    

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

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

Legal Reference:  Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2011).

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

Approved:  Feb. 11, 1985, Dec. 17, 2012, February 19, 2018               
Reviewed:  Aug. 24, 2005, Nov. 9, 2012, January 15, 2018      
Revised:  Feb. 10, 1997, Nov. 9, 2012, January 15, 2018 

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

Licensed employees who wish to obtain additional education for advancement must complete the online course approval process with the superintendent prior to taking these courses.  For an employee to advance, the employee will file official transcripts for graduate credit from an accredited college or university within their teaching field or graduate level courses related to their teaching skills within their teaching field with the superintendent no later than October 1.

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

Legal Reference:  Iowa Code §§ 20.1, .4, .7, .9; 279.8 (2017).

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

Approved:  Feb. 11, 1985, Dec. 17, 2012, February 19, 2018              
Reviewed:  Aug. 24, 2005, Nov. 9, 2012, January 15, 2018          
Revised:  Feb. 10, 1997, Nov. 9, 2012, January 15, 2018       

A licensed employee may volunteer or be required to take on extra duty, with the extra duty being secondary to the major responsibility of the licensed employee.  The board will establish a base wage 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 will be posted to allow qualified licensed employees to apply for the extra duty. 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 base salary schedule for extra duty, for the board's review.

Legal Reference:  Iowa Code §§ 20.1, .4, .7, .9; 279.8, .13-.15, .19A-B (2017).

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

Approved:  Feb. 11, 1985, Dec. 17, 2012, February 19, 2018              
Reviewed:  Aug. 24, 2005, Nov. 9, 2012, January 15, 2018               
Revised:  Feb. 10, 1997, Nov. 9, 2012, January 15, 2018   

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

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

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

Normally health insurance benefits run from September through August depending on the employee's start date.  The effective date of health insurance is the first of the month following the first day of service.  If the employee resigns from his/her position before completing a full year of service, district paid health insurance will be discontinued at the end of the month following the last day of service.  A full year of service is defined as one hundred twenty consecutive days of service.  COBRA rights will become effective following the discontinuation of district paid benefits.

Licensed 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.

If an employee is unable to perform his/her duties consider this flowchart:

Legal Reference:  Iowa Code §§ 20.9; 85; 85B; 279.12, .27; 509; 509A; 509B (2017).
                                       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
                                      706.2     Payroll Deductions

Approved: Feb. 11, 1985, Dec. 17, 2012, May 20, 2013, May 13, 2015, Sep 21, 2015, February 19, 2018, May 20, 2019
Reviewed:  Aug. 24, 2005, Nov. 9, 2012, Apr. 5, 2013, Mar 16, 2015, Jul 27, 2015, January 15, 2018, April 15, 2019
Revised: Feb. 10, 1997, Nov. 9, 2012, Apr. 5, 2013, Mar 16, 2015, Jul 27, 2015, January 15, 2018, May 20, 2019

The board authorizes the administration to make a payroll deduction for licensed employees' tax sheltered annuity premiums purchased from a company or program affiliated with the state approved program.

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

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

Legal Reference:  Small Business Job Protection Act of 1996, Section 1450(a), repealing portions of IRS REG § 1.403(b)-1(b) (3).
                                              Iowa Code §§ 20.9; 260C; 273; 294.16 (2017).
                                     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:  Feb. 11, 1985, Dec. 17, 2012, February 19, 2018               
Reviewed:  Aug. 24, 2005, Sep. 14, 2009, Nov. 9, 2012, January 15, 2018                        
Revised:  Feb. 10, 1997, Oct. 12, 2009, Nov. 9, 2012, January 15, 2018                  

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.

Employees who leave employment with the District for any reason will be eligible to return to employment following a wait period of twenty-six weeks.

Legal Reference:  Iowa Code §§ 91A.2, .3, .5; 279.13, .19A (2017).

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

Approved:  Feb. 11, 1985, Dec. 17, 2012, Sept 26, 2016, February 19, 2018               
Reviewed:  Aug. 24, 2005, Nov. 9, 2012, Jul 25, 2016, January 15, 2018                        
Revised:  Nov. 12, 1990, Feb. 10, 1997, Nov. 9, 2012, Jul 25, 2016, January 15, 2018                        

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 will be contingent upon finding a suitable replacement.  Licensed employees requesting release from a contract after it has been signed and before it expires may be required to pay the board actual advertising costs incurred to locate and hire a suitable replacement.  Upon written mutual agreement between the employee and the superintendent, the costs will be deducted from the employee's final paycheck.  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.

Legal Reference:  Iowa Code §§ 216; 272; 279.13, .19A, .46 (2017).
                                      1978 Op. Att'y Gen. 247.
                                      1974 Op. Att'y Gen. 11, 322.

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

Approved:  Feb. 11, 1985, Dec. 17, 2012, February 19, 2018              
Reviewed:  Sep. 28, 2005, Nov. 9, 2012, January 15, 2018                           
Revised:  Nov. 12, 1990, Feb. 10, 1997, Oct. 10, 2005, Nov. 9, 2012, January 15, 2018   

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

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

Legal Reference:  Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (Iowa 1987).
                                   McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).
                                   Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2013).

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

Approved:  Feb. 11, 1985, Dec. 17, 2012, February 19, 2018               
Reviewed:  Aug. 24, 2005, Nov. 9, 2012, January 15, 2018                             
Revised:  Feb. 10, 1997, Nov. 9, 2012, January 15, 2018    

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 considerations, and other reasons deemed relevant by the board.

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

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

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

• Relative skills, ability and demonstrated performance;

• Qualifications for co-curricular programs; and

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

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

Legal Reference:  Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2017).

Cross Reference:  407.4  Licensed Employee Suspension
                                      413.5  Classified Employee Reduction in Force
                                      703    Budget

Approved:  Feb. 10, 1997, Dec. 17, 2012, February 19, 2018               
Reviewed:  Aug. 24, 2005, Nov. 9, 2012, January 15, 2018                                  
Revised:    Nov, 9, 2012, January 15, 2018   

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.

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

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

Legal Reference:  Iowa Code § 279.8; 294 (2011).
                                      281 I.A.C. 12.7.

Cross Reference:  414.9 Classified Employee Professional Purposes Leave

Approved:  June 12, 1989, Jan. 21, 2013, February 18, 2019          
Reviewed:  Aug. 24, 2005, Nov.30, 2012, January 21, 2019    
Revised:   Nov. 30, 2012, January 21, 2019  

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

Legal Reference:  Iowa Code § 279.8 (2012).

Cross Reference:  401.2 Employee Conflict of Interest
                                      606.4 Student Production of Materials and Services

Approved:  Feb. 10, 1997, Jan. 21, 2013, February 18, 2019   
Reviewed:  Aug. 24, 2005, Nov. 30, 2012, January 21, 2019    
Revised:  Nov. 30, 2012, January 21, 2019

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

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

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

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

Cross Reference:  401.2 Employee Conflict of Interest
                                      402.6 Employee Outside Employment

Approved:  Feb. 11, 1985, Jan. 21, 2013, February 18, 2019       
Reviewed:  Aug. 24, 2005, Nov. 30, 2012, January 21, 2019    
Revised:  Feb. 10, 1997, Nov. 30, 2012, January 21, 2019         

The board will determine the amount of vacation and holidays, that will be allowed for employees.

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

Legal Reference:  Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (2011).

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

Approved:  Feb. 10, 1997, Jan. 21, 2013, February 18, 2019        
Reviewed:  Aug. 24, 2005, Nov. 30, 2012, January 21, 2018, July 27, 2020    
Revised:   Nov. 30, 2012, January 21, 2018

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

Sick leave may be accumulated up to a maximum of 125 days for licensed employees.

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

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

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

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

Approved:  Feb. 11, 1985, Jan. 21, 2013, February 18, 2019        
Reviewed:  Aug. 24, 2005, Nov. 9, 2009, Nov. 2012, Jan. 21, 2019  
Revised:  Feb. 10, 1997, Oct. 9, 2000, Dec. 14, 2009, Nov. 30, 2012, Jan. 21, 2019  

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

Note: Boards

Links:

https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf
WH-380-E Certification of Health Care Provider for Employee's Serious Health Condition (PDF)
WH-380-F Certification of Health Care Provider for Family Member's Serious Health Condition (PDF)
WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
WH-382 Designation Notice (PDF)
WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)
WH-385 Certification for Serious Injury or Illness of Covered Service member -- for Military Family Leave (PDF)

Legal Reference:  29 U.S.C. §§ 2601 et seq.
                                       29 C.F.R. § 825.
                                       Iowa Code §§ 20; 85; 216; 279.40.
                                       Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).

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

Approved:  Mar. 14, 1994, February 18, 2019        
Reviewed:  Aug. 24, 2005, Sep. 14, 2009, Apr. 5, 2013, Jan.21, 2019, July 27, 2020    
Revised:   October 12, 2009, Jan.21, 2019