Code No. 405.1
LICENSED EMPLOYEE DEFINED
Licensed employees, including administrators, are those employees required to hold an appropriate license from the Iowa State Department of Education for their position as required by the State 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 State 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 shall 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:
Clav v. Independent School District of Cedar Falls, 187 Iowa 89, 174 N.W. 47 (1919).
Iowa Code §§ 256.7(3); 272; 279.8 (2013).
282 I.A.C. 14.
281 I.A.C. 12.4; 41.25.
1940 Op. Att'y Gen. 375.
Approved 9-13-93 Reviewed 12-17-23 Revised 7-15-2019
Code No. 405.10
LICENSED EMPLOYEE ORGANIZATION AFFILIATION
Licensed employees who qualify may join the Riverside Education Association and participate in its activities as long as the participation does not, in any way, interfere with the delivery of and the provision of the education program and school district operations.
The superintendent shall have sole discretion to determine whether association activities interfere with the education program and school district operations. Association members must follow the board policy on public use of school property.
The board shall not interfere with the rights of an employee to organize or form, join or assist any employee organization.
Legal Reference:
Iowa Code §§ 20.1, .8, .10; 279.8 (2009).
Approved 9-13-93 Reviewed 11-21-16 Revised 7-15-2019
Code No. 405.2
LICENSED EMPLOYEE QUALIFICATIONS, RECRUITMENT, SELECTION
Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," will have an opportunity to apply and qualify for licensed positions in the school district in accordance with applicable laws and school district plocies regading equal employment. Job applicants for licensed positions shall be considered on the basis of the following:
All job opennings will be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system. Addtional 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 supervisiing and overseeing the person being hire.
The board will employ licensed employees after receiving a recommendation from the superintendent. The superintendent, however, will have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.
Legal Reference:
29 U.S.C. §§ 621-634
42 U.S.C. §§ 2000e 12101 etseq.
Iowa Code §§ 20; 35C; 216; 279.13.
281 I.A.C. 12.
282 I.A.C. 14.
1980 Op. Att'y Gen. 367.
Approved 9-13-93 Reviewed 12-17-23 Revised 7-15-2019
Code No. 405.3
LICENSED EMPLOYEE INDIVIDUAL CONTRACTS
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 (2013).
Approved 9-13-93 Reviewed 12-17-23 Revised 7-15-2019
Code No. 405.4
LICENSED EMPLOYEE CONTINUING CONTRACTS
Contracts entered into with licensed employees, other than an administrator, will continue from year to year except as modified or terminated as provided by law. The board may issue temporary and nonrenewable contracts in accordance with law.
Licensed employees whose contracts will be recommended for termination by the board will receive due process as required by law. The superintendent will make a recommendation to the board for the termination of the licensed employee's contract.
Licensed employees who wish to resign, to be released from a contract, or to retire must comply with applicable law and board policies.
Legal Reference:
Ar-We-Va Community School District v. Long and Henkenius, 292 N.W.2d 402 (Iowa 1980).
Bruton v. Ames Community School District, 291 N.W.2d 351 (Iowa 1980).
Hartman v. Merged Area VI Community College, 270 N.W.2d 822 (Iowa 1978).
Keith v. Community School District of Wilton in the Counties of Cedar and Muscatine, 262 N.W.2d 249 (Iowa 1978).
Iowa Code §§ 272; 279.
Approved 1-15-07 Reviewed 12-17-23 Revised 5-18-2020
Code No. 405.5
LICENSED EMPLOYEE WORK DAY
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 scheduled employee workday shall be eight (8) hours as determined by the building principal and will include the scheduling of a duty-free lunch period of not less than twenty (20) minutes, except under very occasional extenuating circumstances and for a maximum of one day per week when each Grade K-5 teacher is to supervise recess, and on this day, the teacher will not receive duty-free lunch. In the Junior High Senior High Building, the teacher shall have a maximum assignment every third week of responsibility for hall, common or lunch room duty. The teacher may not receive 20 minutes duty free-lunch on these days. Excluded from this time shall be the period of time prior to the beginning of the student day. The period that follows student dismissal may occasionally be included as part of the basic preparation minutes.
The Board may elect to extend one workday per week by one-half hour. The determination shall be made prior to the start of the school year. If this election is made, the district shall reduce the number of days in the work-year to 188 except for new teachers whose work-year shall be reduced to 190. The work-year may be extended by the Board by up to two days by paying the per diem rate for the additional days. The per diem rate shall be based on the employee’s salary and a 190-day work year.
The Board may permit some teacher contract days to be served during the summer months after the current contract year is complete and/or preceding the next contract year. These days must be approved by the superintendent or his/her designee. If the district chooses an “hours” calendar, teachers may make up days that are canceled during the school year by serving an equivalent amount of professional development time if approved by the superintendent or his/her designee. Up to three additional summer professional development days that are approved by the superintendent or his/her designee may be “banked” for canceled days during the upcoming school year. If “banked” days are not needed for canceled school days, the teacher will be paid the substitute rate for those days if approved by the Teacher Quality Committee. “Banked” days cannot be carried over to the next contract year.
During the employee's normal working hours there shall be time allotted for the purpose of classroom preparation and student instruction. It is desirable for each employee to have an uninterrupted preparation period each day. Employees assigned to Grade 6-12 shall have a minimum of one regularly assigned period each day which may be used for preparation time, and during which the employee will not normally be assigned other duties. Employees assigned to Grade K-5 shall have a minimum of two hundred (200) minutes per week for preparation time. For Grade K-5 employees, the time that students who normally are under their supervision, are in physical education, recess, music, art or other special classes, shall be counted as part of the preparation time unless the teacher has other assigned duties during such time period(s). Excluded from this time shall be the period of time prior to the beginning of the student day. The period that follows student dismissal may occasionally be included as part of the basic preparation minutes.
The workday may be extended due to faculty meeting, conferences, or duties, which necessitate employee attendance. Employees shall be notified at least two (2) days in advance except in extenuating circumstances.
When school start time for a building is delayed because of inclement weather or emergency closing, the employee workday at that building shall be reduced in time by the amount of the closing. Building employees shall not be required to report when student attendance at that building is canceled because of inclement weather or emergency closings.
Principals, at their discretion, are authorized to permit other early departures from the building upon individual request.
On Fridays, on days ended early due to inclement weather, and days preceding holidays and vacation periods, the workday shall end ten (10) minutes after the departure of the route buses.
The Riverside Education Association may hold Association meetings outside the student day by notifying the Superintendent or designee at least two (2) days in advance. The same shall not interfere with other uses of the building.
The regular and extended contract of employees shall include the vacation days on Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, December 23 through January 1 or December 24 through January 2, the Friday before Easter, Memorial Day and any additional days approved by the Board.
The building principal is authorized to make changes in the work day in order to facilitate the education program. These changes are reported to the superintendent.
The work day outlined in this policy is a minimum work day. Nothing in this policy prohibits licensed employees from working additional hours outside the work day.
Legal Reference:
Iowa Code §§ 20; 279.8.
Approved 9-13-93 Reviewed 12-17-23 Revised 7-15-2019
Code No. 405.6
LICENSED EMPLOYEE ASSIGNMENT
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 will be the responsibility of the superintendent to make recommendations to the board regarding the assignment of licensed employees.
Legal Reference:
Iowa Code §§ 20; 279.8.
Approved 9-13-93 Reviewed 2-19-24 Revised 7-15-2019
Code No. 405.7
LICENSED EMPLOYEE TRANSFERS
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 shall consider the qualifications of each licensed employee and the needs of the school district.
A transfer may be initiated by the employee, the principal, or the superintendent.
It is the responsibility of the superintendent to make recommendations to the board regarding the transfer of licensed employees.
Legal Reference:
Iowa Code §§ 20; 216.14; 279.8.
Approved 9-13-93 Reviewed 2-19-24 Revised 7-15-2019
Code No. 405.8
LICENSED EMPLOYEE EVALUATION
Evaluation of licensed employees on their skills, abilities, and competence shall 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 shall be in writing and approved by the board. The formal evaluation shall 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:
It is the responsibility of the superintendent to ensure licensed employees are evaluated. New and probationary licensed employees shall be evaluated at least twice 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; 284; 294
281 I.A.C. 83; 12.3
Approved 1-15-07 Reviewed 2-19-24 Revised 7-15-2019
Code No. 405.9
LICENSED EMPLOYEE PROBATIONARY STATUS
The first three consecutive years of a licensed employee's contract is a probationary period unless the employee has already successfully completed the probationary period in an Iowa school district. New employees who have successfully completed a probationary period in a previous Iowa school district will serve a two year probationary period. For purposes of this policy, an employee will have met the requirements for successfully completing a probationary period in another Iowa school district if, at the teacher’s most recent performance evaluation, the teacher received at least a satisfactory or better evaluation and the individual has not engaged in conduct which would disqualify the teacher for a continuing contract.
Only the board, in its discretion, may waive the probationary period. The board may extend the probationary period for one additional year with the consent of the licensed employee. The board will make the decision to extend or waive a licensed employee's probationary status based upon the superintendent's recommendation. During this probationary period the board may terminate the licensed employee's contract at the end of the year without cause or immediately discharge the employee consistent with applicable law and board policies.
Legal Reference:
Iowa Code § 279.
Approved 9-13-93 Reviewed 2-19-24 Revised 5-18-2020