405 - Licensed Employees – General
405 - Licensed Employees – General dawn@iowaschoo… Fri, 01/17/2020 - 19:47405.1 - Licensed Employees Defined
405.1 - Licensed Employees DefinedLicensed employees, including administrators, are those employees required to hold an appropriate license from the Iowa Department of Education for their position as required by the Board of Educational Examiners or others with professional licenses. Licenses required for a position will be considered met if the employee meets the requirements established by the Iowa Department of Education.
It is the responsibility of the superintendent to establish job specifications and job descriptions for licensed employees' positions, other than the position of the superintendent. Job descriptions may be approved by the board.
Licensed employees must present evidence of current license to the board secretary prior to payment of salary each year.
Legal Reference:
Clay v. Independent School District of Cedar Falls,
187 Iowa 89, 174 N.W. 47 (1919).
Iowa Code §§ 256.7(3); 272; 279.8 (2013).
281 I.A.C. 12.4
282 I.A.C. 14.
1940 Op. Att'y Gen. 375.
Approved:
October 11, 2021
Reviewed: September 11, 2023
405.2 - Licensed Employees Recruitment, Qualifications, Selection
405.2 - Licensed Employees Recruitment, Qualifications, SelectionPersons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," will have an opportunity to apply and qualify for licensed positions in the school district in accordance with applicable laws and school district policies regarding equal employment. Job applicants for licensed positions will be considered on the basis of the following:
- Training, experience, and skill;
- Nature of the occupation;
- Demonstrated competence; and
- Possession of, or ability to obtain, state license if required for the position.
All job openings not filled through internal transfers or program modifications shall be submitted to the Iowa Department of Education for posting on www.iowaworks.gov, the online state job posting system. Additional announcements of the position may occur in a manner which the superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired.
The board will employ licensed employees after receiving a recommendation from the superintendent. The superintendent, however, will have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.
The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding qualifications, recruitment and selections of such employees will be followed.
Legal Reference:
29 U.S.C. §§ 621-634 (2012).
42 U.S.C. §§ 2000e, 12101 et seq. (2012).
Iowa Code §§ 20; 35C; 216; 279.13 (2013).
281 I.A.C. 12.
282 I.A.C. 14.
1980 Op. Att'y Gen. 367.
Approved:
Reviewed:UNDER REVIEW
405.3 - Licensed Employee Individual Contracts
405.3 - Licensed Employee Individual ContractsThe 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 (2013).
Approved:
October 11, 2021
Reviewed: September 11, 2023
405.5 - Licensed Employee Work Day
405.5 - Licensed Employee Work DayThe work day for licensed employees will begin each day of the school year at a time established by the superintendent. Licensed employees who are employed only during the academic year will have the same work day as other licensed employees. "Day" is defined as one work day regardless of full-time or part-time status of an employee.
Licensed employees are to be in their assigned school building during the work day. Advance approval to be absent from the school building must be obtained from the principal whenever the licensed employees must leave the school building during the work day.
The building principal is authorized to make changes in the work day in order to facilitate the education program. These changes are reported to the superintendent.
The work day outlined in this policy is a minimum work day. Nothing in this policy prohibits licensed employees from working additional hours outside the work day.
The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding work day of such employees will be followed.
Legal Reference:
Iowa Code §§ 20; 279.8 (2013).
Approved:
October 11, 2021
Reviewed: September 11, 2023
405.6 - Licensed Employee Assignment
405.6 - Licensed Employee AssignmentDetermining the assignment of each licensed employee is the responsibility of and within the sole discretion of the board. In making such assignments the board will consider the qualifications of each licensed employee and the needs of the school district.
It is the responsibility of the superintendent to make recommendations to the board regarding the assignment of licensed employees.
The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding assignment of such employees will be followed.
Legal Reference:
Iowa Code §§ 20.9; 279.8 (2013).
Approved:
October 11, 2021
Reviewed: September 11, 2023
405.8-Licensed Employee Evaluation
405.8-Licensed Employee Evaluation
Policy 405.08: Licensed Employee Evaluation |
Status: Adopted 11/13/2023 |
Original Adopted Date: 11/13/2023 | Last Reviewed Date: |
|
Evaluation of licensed employees on their skills, abilities, and competence is an ongoing process supervised by the building principals and conducted by approved evaluators. The goal of the formal evaluation of licensed employees, other than administrators, but including extracurricular employees, is to improve the education program, to maintain licensed employees who meet or exceed the board's standards of performance, to clarify the licensed employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.
The formal evaluation criteria is in writing and approved by the board. The formal evaluation will provide an opportunity for the evaluator and the licensed employee to discuss performance and the future areas of growth. The formal evaluation is completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file. This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence.
Licensed employees will be required to:
- Demonstrate the ability to enhance academic performance and support for and implementation of the school district’s student achievement goals.
- Demonstrate competency in content knowledge appropriate to the teaching position.
- Demonstrate competency in planning and preparation for instruction.
- Use strategies to deliver instruction that meets the multiple learning needs of students.
- Use a variety of methods to monitor student learning.
- Demonstrate competence in classroom management.
- Engage in professional growth.
- Fulfill professional responsibilities established by the school district.
It is the responsibility of the superintendent to ensure licensed employees are evaluated. New and probationary licensed employees are evaluated at least twice each year.
NOTE: There is no legal requirement that probationary employees be evaluated twice a year, but it is the standard practice. School districts that utilize a different practice need to amend the fourth paragraph to reflect this.
Legal Reference: |
Iowa Code §§ 20.9; 279, 284, 294. |
I.C. Iowa Code |
Description |
Iowa Code § 20.9 |
Collective Bargaining - Scope of Negotiations |
Iowa Code § 279 |
Directors - Powers and Duties |
Iowa Code § 284 |
Teacher Performance, Compensation Development |
Iowa Code § 294 |
Teachers |
I.A.C. Iowa Administrative Code |
Description |
281 I.A.C. 12.3 |
Administration |
281 I.A.C. 83 |
Teacher/Administrator Quality Programs |
Case Law |
Description |
Aplington CSD v. PERB |
392 N.W.2d 495 (Iowa 1986) |
Saydel Ed. Assoc. v. PERB |
333 N.W.2d 486 (Iowa 1983) |
Cross References
Code |
Description |
405.02 |
|
405.09 |
405.9 - Licensed Employee Probationary Status
405.9 - Licensed Employee Probationary StatusThe first three years of a new licensed employee's contract is a probationary period unless the employee has already successfully completed the probationary period in an Iowa school district. New employees who have successfully completed a probationary period in a previous Iowa school district will serve a one year probationary period. For purposes of this policy, an employee will have met the requirements for successfully completing a probationary period in another Iowa school district if, at the teacher’s most recent performance evaluation, the teacher received at least a satisfactory or better evaluation and the individual has not engaged in conduct which would disqualify the teacher for a continuing contract.
Only the board, in its discretion, may waive the probationary period. The board may extend the probationary period for one additional year with the consent of the licensed employee. The board will make the decision to extend or waive a licensed employee's probationary status based upon the superintendent's recommendation. During this probationary period the board may terminate the licensed employee's contract at year-end or discharge the employee in concert with corresponding board policies.
Licensed employees may also serve a probationary period based upon their performance. Such probationary period is determined on a case-by-case basis in light of the circumstances surrounding the employee's performance as documented in the employee's evaluations and personnel file.
Legal Reference:
Iowa Code §§ 279.12-.19B (2013).
Approved:
October 11, 2021
Reviewed: September 11, 2023
Policy 405.08 Licensed Employee Evaluation
Policy 405.08 Licensed Employee Evaluation
Policy 405.08: Licensed Employee Evaluation |
Status: FIRST READING |
Original Adopted Date: 11/13/2023 | Last Reviewed Date: |
|
Evaluation of licensed employees on their skills, abilities, and competence is an ongoing process supervised by the building principals and conducted by approved evaluators. The goal of the formal evaluation of licensed employees, other than administrators, but including extracurricular employees, is to improve the education program, to maintain licensed employees who meet or exceed the board's standards of performance, to clarify the licensed employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.
The formal evaluation criteria is in writing and approved by the board. The formal evaluation will provide an opportunity for the evaluator and the licensed employee to discuss performance and the future areas of growth. The formal evaluation is completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file. This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence.
Licensed employees will be required to:
- Demonstrate the ability to enhance academic performance and support for and implementation of the school district’s student achievement goals.
- Demonstrate competency in content knowledge appropriate to the teaching position.
- Demonstrate competency in planning and preparation for instruction.
- Use strategies to deliver instruction that meets the multiple learning needs of students.
- Use a variety of methods to monitor student learning.
- Demonstrate competence in classroom management.
- Engage in professional growth.
- Fulfill professional responsibilities established by the school district.
It is the responsibility of the superintendent to ensure licensed employees are evaluated. New and probationary licensed employees are evaluated at least twice each year.
NOTE: There is no legal requirement that probationary employees be evaluated twice a year, but it is the standard practice. School districts that utilize a different practice need to amend the fourth paragraph to reflect this.
Legal Reference: |
Iowa Code §§ 20.9; 279, 284, 294. |
I.C. Iowa Code |
Description |
Iowa Code § 20.9 |
|
Iowa Code § 279 |
|
Iowa Code § 284 |
|
Iowa Code § 294 |
|
I.A.C. Iowa Administrative Code |
Description |
281 I.A.C. 12.3 |
|
281 I.A.C. 83 |
|
Case Law |
Description |
Aplington CSD v. PERB |
392 N.W.2d 495 (Iowa 1986) |
Saydel Ed. Assoc. v. PERB |
333 N.W.2d 486 (Iowa 1983) |
Cross References
Code |
Description |
405.02 |
|
405.09 |