403 Employee Contracts

403.1 Contracts: Professional Personnel

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Contracts:  Professional Personnel           Code No. 403.1
 
Contracts with professional school personnel will be in writing, and will state the length of time the contract is in force, the total compensation for the contract period, and the schedule of periodic payments.  All original contracts will be processed by the administration; approved by the Board of Directors; signed by the board president; and filed with the school district secretary.
 
Separate contracts are to be issued for supplemental or extra-curricular work, apart from the regular classroom contracts.
 
All provisions of the law pertaining to the issuance of contracts will be observed.
 
 
 
 
Adoption: 4-10-89
                                   
Review: 4-11-94   02-14-02  04-10-08  10-14-13  10-8-18
                          
Revision:
                                                                                                      
Cross References: 402.2; 408.1, 279.19 
 
Legal References:  Chapter 20 as amended; Sections 272A.6; 279.12 through                                    
279.19B; 260.31; 279.23 through 279.25: 291.1; 294.1; AC 640.3.1(272A) et seq.                         
 

403.1-R Probationary and Continuing Contracts

REGULATIONS
 
Series 400 - Staff Personnel
 
Probationary and Continuing Contracts Code No.  403.1-R
 
Probationary Contracts
 
The first three years of a new licensed teacher’s contract shall be a probationary period unless the employee has already successfully completed the three-year probationary period in an Iowa school district.  New teachers 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 shall be determined on a case-by-case basic in light of the circumstances surrounding the employee’s performance as documented in the employee’s evaluation and personnel file.
 
Continuing Contracts
 
Contracts for all professional personnel will automatically continue for equivalent periods unless they are terminated or modified by mutual agreement between the Board of Directors and the staff member as provided by law.
 
A teacher who has not accepted a contract for the ensuing school year may resign by filing a written resignation with the secretary of the board.  The resignation must be filed no later than the date specified by the Board of Directors for the return of the contract.
 
On or subsequent to March 15, the Board of Directors will issue contracts and request their return no earlier than 21 days after issue.
 
The Board of Directors may terminate a certified employee’s contract for the ensuing year according to procedures provided in Chapter 279.15 which include:
  1. Superintendent shall notify the teacher not later than April 30 that the recommendation to terminate the continuing contract effective at the end of the current school year will be made in writing to the board.
  2. Within five days of the receipt of the written notice the teacher may request, in writing to the secretary of the board, a private hearing with the board.
  3. Within five days after the private hearing, the board shall, in executive session, and meet to make a final decision.  If the teacher does not request a private hearing or does not appear at the private hearing the board shall make a determination not later than 5 days after the scheduled date for the private hearing.
  4. If the teacher is no longer a probationary teacher, the teacher may, within 10 days, appeal the determination of the board to an adjudicator,
  5. If either party rejects the adjudicator’s decision, appeal to the district court may be made within 30 days.
The superintendent may at any time recommend an immediate discharge for cause that will become effective upon action by the board.
 
 
 
Adoption: 4/14/86
     
Review: 7/17/89  04-10-08  10-14-13  10-8-18
 
Revision: 4/11/94 02-14-02
 
Cross References: 402.1; 403.3; 403.4  403.5; 403.6
 
Legal References:  Chapter 20; 272A.6; 279.12-279.19; 279.27; 291.1; 294.1
 

403.2 Contracts: Support Personnel

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Contracts:  Support Personnel                       Code No. 403.2
 
The board may enter into written contracts with classified employees employed on a regular basis.  The contract will state the terms of employment.
 
Each contract will include a thirty-day cancellation clause.  Either the employee or the board must give notice of the intent to cancel the contract at the end of thirty days.  This notice will not be required when the employee is terminated during a probationary period or for cause.
 
Classified employees will receive a job description stating the specific performance responsibilities of their position.
 
It is the responsibility of the superintendent to draw up and process the classified employee contracts and present them to the board for approval. 
 
Late Starts/Early Dismissals
In the event of a late start/early dismissal due to holidays and/or weather staff will be paid for hours worked.  If late start/early dismissals hinder their ability to complete their contracted hours, their contracted pay will be reduced unless paid leave (personal, illness, or other) is available for use and requested by the employee.
 
Building Secretaries, Para educator, Nutrition Staff & Bus Driver
Employees are not to report for work when schools are closed due to adverse weather.  In the event of an early dismissal due to adverse weather or other emergencies, employees are to leave within 15 minutes after students leave school premises. Missed time for early starts/late dismissals will be unpaid unless extra hours are approved by supervisor..
 
 
 
 
Adoption:  04-14-86
               
Review: 02-14-02    01-13-05   04-10-08  10-14-13  7-9-18  10-8-18
           
Revision: 02-10-05  7-9-18
 
Cross Reference: 402.1 Recruitment & Selection: Support Personnel
402.2 Salary Schedules:  Support Personnel
402.2R Overtime and Compensatory time
402.8 Salary Reduction or Compensation
 
Legal References:  Iowa Code §§ 20; 279.7A; 285.5(9) (2003).
 

403.3 Assignment and Transfer: Professional Personnel

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Assignment and Transfer:  Professional Personnel                 Code No. 403.3
 
A. Definition of Transfer
 
A 'transfer" shall be defined to mean a movement from one job classification within the bargaining unit to another job classification within the bargaining unit, or movement from one building to another.  Job classifications are set forth in Article 9(B).
 
B. Voluntary Transfers
 
If the District decides to fill a vacancy, the District may advertise the position for all applicants or may post the position for bargaining unit applicants only.  If the District opens the position for all applicants, then the District may select any applicant.  If the District decides to fill a vacancy from within the bargaining unit, the vacancy shall first be posted for five (5) working days, and employees who wish to apply for a transfer must make written application for transfer within said five-day period.  Bargaining unit applicants who meet the posted qualifications for the position will be granted an interview.
 
If the District posts the position for bargaining unit applicants only and there is more than one applicant for the position, then the District will select the bargaining unit applicant who, in the judgment of the Superintendent, is most qualified for the position.
 
If two or more bargaining unit applicants are judged equally qualified for the position, then the most senior applicant will be awarded the position.  If there is only one bargaining unit applicant for the position, then the District may award the position to the bargaining unit applicant or seek applicants from outside the bargaining unit.
 
C. Involuntary Transfers
 
An involuntary transfer is a transfer initiated by the Superintendent.  The decision regarding an involuntary transfer shall be made by the Superintendent based upon the certification of the employee and the needs of the School District.  At the request of the employee, a meeting between the employee ad the Superintendent shall be held to discuss the transfer at which time the employee shall be given the specific written reason(s) for the involuntary transfer.
 
Within ten (10) calendar days from the date on which it decides to make an involuntary transfer, the District will give the affected employee written notice of an involuntary transfer.
 
Adoption: 4-14-86
             
Review: 7-17-89   04-10-08  10-14-13  10-8-18
                                                                   
Revision: 4-11-94   02-14-02
                                                                  
Cross References:
 
Legal References:  20.9; 601A.14
 

403.3-R1 School Day for Professional Personnel

REGULATIONS
 
Series 400 - Staff Personnel
 
School Day for Professional Personnel                 Code No. 403.3-R1
 
 
A. Regular Work Day
 
The regular work day shall be eight (8) hours.  The eight hour time period shall not begin before 7:30 a.m.  All teachers must be in their classroom or at their duty assignment by 8:00 a.m.  Building principals will determine starting times for their faculty meetings.  Employees shall not be required to attend meetings with starting times before 7:30 a.m. or after 3:45 p.m.
 
The time schedule for inservice days will be established by the administration and staff shall be notified of the time schedule in advance of the inservice day.
 
B. Exceptions
 
On Fridays, days before vacations or holidays, teachers may leave after all buses have left the individual attendance centers.  On days where school is dismissed for inclement weather, teachers may leave once their building principals have been given assurances that buses will be able to complete their routes.
 
C. Duty-Free Lunch
 
Teachers will not be required to perform duties during their lunch period.  Teachers' lunch period will be the same length as scheduled for students in their building.
 
D. Weather and Snow Closing
 
In case of severe weather the staff should listen to radio station KIOW or KIMT/TV for cancellation of school or adjustments to the start or release time.  In the event of school running late, the staff will report at the adjusted time, e.g. if school starts one hour late, staff will report one hour late.
 
 
Adoption:  4-10-89
                                   
Review:  4-11-94  02-14-02   04-10-08  10-14-13  10-8-18
                                                        
Revision:  
                                                                                                     
Cross References: 601.3
 
Legal References:  20.9; AC 670-3.35; 670-1.2(2); 286(a); 670-3.2(11);   257
 
 

403.3-R2 Extra-Curricular Assignments

REGULATIONS
 
Series 400 - Staff Personnel
 
Extra-Curricular Assignments Code No. 403.3-R2
 
Whenever possible, responsibilities for extra-curricular activities will be assigned to school district personnel.  Only when contracted staff are not available will non-staff members be considered.
 
Extra-curricular assignments are to be dispersed as much as possible in order for professional staff to maintain a balance between teaching and coaching.  Only one head coaching position will be assigned to any one individual.*
 
*With prior approval by the school board, exceptions may be made for head cross country coach and head golf coach.
 
 
Adoption:12-18-95
                     
Review: 02-14-02  10-12-06   04-10-08  10-14-13
                                                               
Revision: 
                                                                                                         
Cross References:
 
Legal References:

403.4 Assignment and Transfer: Support Personnel

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Assignment and Transfer:  Support Personnel           Code No. 403.4
 
Determining the assignment of each classified employee is the responsibility of the superintendent and within the sole discretion of the board.  In making such assignments each year the superintendent will consider the qualifications for each classified employee and the needs of the school district.
 
It is the responsibility of the superintendent to assign classified employees and report such assignments to the board.
 
Determining the location where a classified employee’s assignment will be performed is the responsibility of the superintendent and within the sole discretion of the board.  In making such assignments each year the superintendent will consider the qualification of each classified employee and the needs of the school district.
 
A transfer may be initiated by the employee, the principal or the superintendent.
 
It is the responsibility of the superintendent to transfer classified employees and report such transfers to the board.
 
 
 
Adoption    4-14-86
                                 
Review       7-17-89     02-14-02   5-8-08  11-11-13  11-12-18
 
Revision     6-12-08
                                                                                   
Cross References:
 
Legal References:  20.9; 601A.14
 

403.5 Shared-Time Staff

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Shared-Time Staff                                     Code No. 403.5
 
The administration may enter into a shared-time contract with another school district, or other public educational institution according to Chapter 28E, Iowa Code, to allow certificated staff to fill a vacant or newly created part-time position where none of the current staff members are available or do not possess the necessary certification and/or qualifications as determined by the board.
 
The school district shall consider proposals of other public educational institutions to share staff members where the arrangements may be mutually beneficial to the institutions, personnel and students involved.
 
All shared-time contracts shall be made by the superintendent with the staff member or administrator to be shared between the institutions and approved by the board of education.
 
 
 
Adoption:  4-14-86
                                   
Review: 4-11-94  02-14-02   5-08-08  11-11-13  11-12-18
                                                               
Revision:  11-12-18
                                                                                                     
Cross References:
       
Legal References:  28E, Section 280.15

403.6 Resignation: Professional Personnel

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Resignation:  Professional Personnel                 Code No. 403.6
 
Resignations shall be in writing, signed by the resigning party, and directed to the superintendent of schools:  The superintendent will submit it to the Board of Directors with recommendations, as provided by law.
 
All resignations for the following school year submitted within twenty-one (21) days of the annual issuance of the contract modification form shall be accepted by the board.  The Board of Directors may require an individual who has resigned from an extracurricular contract to accept the resigned position for the subsequent school year if, 1) a good faith effort was made to find a replacement, and 2) the individual remains on the staff.  The assignment must be made on June 1st.
 
The board recognizes that there are some circumstances which force an employee to request release from a contract before the expiration date of the contract; therefore, personnel will be released from their contracts at any time that replacements suitable to the administration can be secured.
 
The board, however, does discourage professional staff members from submitting resignations later than the regular June board meeting.  Few reasons will be acceptable for approving such resignations after this date.
 
If an employee leaves without proper release, the superintendent of schools is directed to file a complaint with the Iowa Professional Teaching Practices Commission.
 
 
 
Adoption:  4-10-89
                                   
Review: 4-11-94    02-14-02   5-08-08  11-11-13  11-12-18
                                                            
Revision:
                                                                                                      
Cross References:
 
Legal References:  91A.2; 91A.3; 91A.5; 272A.6; 279.13; 279.19A;                                                  
 670-35.43(259); 670-50

403.7 Resignation: Support Personnel

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Resignation:  Support Personnel                     Code No. 403.7
 
Resignations shall be in writing, signed by the resigning party, and directed to the superintendent of schools and referred by him to the Board of Directors with his recommendation.
 
The board recognizes that there are some circumstances which force an employee to request a release from a contract before the expiration date of the contract; therefore, personnel will be released from their contracts at any time that suitable replacements can be found.
 
 
Adoption: 6-24-75
                                   
Review:  4-11-94   02-14-02   05-08-08  11-11-13  11-12-18
                                                      
Revision:
                                                                                                      
Cross References: 408.1
 
Legal References: 
 

403.8 Reduction in Force: Professional Personnel

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Reduction in Force:  Professional Personnel         Code No. 403.8
 
A.  Coverage
 
All employees are covered, including employees on extended leave of absence.
 
B.  Definition  
 
1.  K-5   Classroom Teachers
2.  6-8 Subject Matter Teachers
3.  9-12 Subject Matter Teachers
4.  Art (K-12)
5.  Instrumental Music (K-12)
6.  Vocal Music (K-12)
7.  Physical Education (K-12)
8.  CHIP (K-12)
9.  Chapter I (K-5), (6-8), (9-12)
10.  Guidance (K-5, (6-8), (9-12)
          11.  Special Education By Certification
          12.  Student service coordinator (K-12)
          13.  Study skills teacher (K-12)
          14.  Alternative H.S. teacher (9-12)
          15.  Media Service (K-12)
          16.  Technology director (K-12)
 
Employees shall be classified based upon their assignment during the school year in which staff reduction procedures are commenced.  An employee with an assignment in more than one of the categories listed above in this section shall be classified in the category in which he/she has the greatest number of periods of assignment.  If the number of periods of an employee's assignment are equal, then the employee shall be classified in the category in which he/she has the greatest length of service
 
C.  Layoff procedures
 
When the Board determines that employees should be laid off, the following procedure will
determine the order in which employees shall be laid off:
 
  1. The Board shall first attempt to make all staff reductions through attrition.  Attrition shall only be deemed to have occurred where the Board has received resignations in the classification in which reduction is sought prior to the issuance by the Superintendent of Notice of Intent to Terminate Contract.
  2. Unless the employees are needed to maintain an existing program, employees with emergency and/or temporary certification will be laid off first.
  3. Unless the employees are needed to maintain an existing program, probationary employees will be laid off next.  If there is more than one probationary employee in the affected job classification, the probationary employees will be laid off based upon seniority.
  4. If the staff reduction cannot be fully accomplished following the layoff of employees as provided in (C) (1) through (3), then the employee(s) in the job classification with the least seniority shall be laid off.
  5. An employee who has initially been identified for layoff as provided in (C) (4) shall have the right to displace the least senior employee in another job classification, provided the initially-identified employee has previously taught in that classification in the School District or has successfully completed (Grade of C or better) six graduate hours of credit in the subject matter of that classification within the last five (5) years.
 
D.  Recall Procedures
 
Any employee who is laid off or who resigns upon request for reasons of staff reduction will be recalled if there is a vacancy in his or her curricular and subject area and level as contained in Section B of this Article.  Vacant positions shall be offered to employees who are on recall before the positions are posted for transfer.
 
Employees shall have recall rights for a period of three (3) years from the last day of school year during which they were laid off or resigned.  Employees shall provide written notice by certified mail to the Superintendent if they wish to be recalled.  Such notice must be postmarked within fifteen (15) calendar days following the date of the employee's letter of resignation or the date of the employee's notice of termination of contract.
 
Notice of recall will be give by certified mail to the last address given to the Board by the employee.  An employee must respond by certified mail postmarked within ten (10) calendar days after receipt of the notice of recall or the employee will be considered to have refused the offer of recall.  The order of recall will be as follows:  first, employees who resigned will be recalled in order of their resignation, and, second, employees who were laid off will be recalled in order of their termination.
 
E.  Benefits
 
Any employee who is recalled shall be placed on the salary schedule at the step above the one in effect at the time of departure, plus experience in another school within the limits specified in this Agreement.  Employees who are recalled will also have their sick leave benefits restored to the same level as existed at the end of the year during which they were laid off.      
 
 
Adoption: 4-14-86
                                 
Review: 4-11-94  05-08-08  11-11-13  11-12-18
                                                           
Revision: 2-14-02
                                                                    
Cross References: 402.2 
       
Legal References:  20.7; 20.9; 279.15
 

403.8-E Reduction in Force: Professional Personnel

EXHIBIT
 
Series 400 - Staff Personnel
 
 
Reduction in Force:  Professional Personnel Code No. 403.8-E
 
 
Application for Inclusion in Additional Areas of Employment (Career Pools)
 
Name                                                 Date _____________________ 
 
Number of Years Employed by Forest City Schools  _______________________
 
Current Area of Employment (Career Pool) Area of Employment (Career Pool)
 Applying for Inclusion in:
 
                 K-5 Classroom Teachers                         K-5 Classroom Teachers
 
                6-8 Subject Matter Teachers                    6-8 Subject Matter Teachers
 
                9-12 Subject Matter Teachers                   9-12 Subject Matter Teachers
 
                Special Area*                                             Special Area*
 
*List area and grade level:                                    *List area and grade level:
                                                                                                                                    
 
Signature of Teacher _________________________________                                   
 
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 
To be Completed by Administration:
 
                        Application Approved                                Application Denied
 
If application is denied, attach a statement of reasons for the denial and a list of items or a growth plan that the teacher may complete to meet the qualifications for approval in the additional area of employment (career pool).
 
 
Principal's Signature                                                              Date                   
 
 
Superintendent's Signature                                                    Date                   
 

403.8-E Reduction in Force: Professional Personnel

EXHIBIT
 
Series 400 - Staff Personnel
 
 
Reduction in Force:  Professional Personnel Code No. 403.8-E
 
 
Application for Inclusion in Additional Areas of Employment (Career Pools)
 
Name                                                 Date _____________________ 
 
Number of Years Employed by Forest City Schools  _______________________
 
Current Area of Employment (Career Pool) Area of Employment (Career Pool)
 Applying for Inclusion in:
 
                 K-5 Classroom Teachers                         K-5 Classroom Teachers
 
                6-8 Subject Matter Teachers                    6-8 Subject Matter Teachers
 
                9-12 Subject Matter Teachers                   9-12 Subject Matter Teachers
 
                Special Area*                                             Special Area*
 
*List area and grade level:                                    *List area and grade level:
                                                                                                                                    
 
Signature of Teacher _________________________________                                   
 
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 
To be Completed by Administration:
 
                        Application Approved                                Application Denied
 
If application is denied, attach a statement of reasons for the denial and a list of items or a growth plan that the teacher may complete to meet the qualifications for approval in the additional area of employment (career pool).
 
 
Principal's Signature                                                              Date                   
 
 
Superintendent's Signature                                                    Date                   
 

403.9 Reduction in Force: Support Staff

F.C. SCHOOL BOARD  POLICIES

Series 400 Staff Personnel
 
STAFF REDUCTION:  (SUPPORT STAFF) Code No:  403.9
 
Decision To Reduce Force
 
A reduction in force is defined to mean the complete elimination of a position of employment.
 
The Board has the exclusive power to determine when a reduction in force of classified employees is appropriate.  It shall be the responsibility of the Superintendent to make a recommendation to the Board concerning any reduction in force of classified employees. 
 
Decision to Reduce Hours of Work
 
A reduction in hours of work is defined to mean a decrease in the hours of work that an individual employee or class of employees is normally scheduled to perform.  
 
The Board has the exclusive power to reduce the hours of work of an individual employee or a class of employees and has the discretion to reduce hours of work uniformly throughout a classification of employees or on an individual basis, as it deems appropriate.  It shall be the responsibility of the Superintendent to make a recommendation to the Board concerning any reduction in the hours of work of classified employees.
 
The decision to reduce the hours of work of an employee or class of employees is not subject to the provisions of this policy and may be made for any reason which is not in violation of the law.
 
Coverage
 
This policy applies to all full-time, part-time, and temporary employees who are employed in any one of the classifications listed below.  The policy applies to employees who are actively at work, to employees who are on leave of absence, and to employees who are neither actively at work or on leave of absence but whose employment has not been terminated either voluntarily or involuntarily.
 
Classification
 
For purposes of staff reduction, employees will be classified by job classification as follows:
 
Custodian
Director of Maintenance 
Cook
Head Cook
Food Service Director
Bus Driver
Transportation Director
Elementary Secretary
Middle School Secretary
High School Office Secretary
Superintendent’s Secretary 
Administrative Office Secretary
Business Manager 
Elementary Associate
Middle School Associate
High School Associate
School Nurse 
 
Procedure
 
The Board shall first attempt to make staff reductions by attrition.  Attrition is defined to mean a voluntary separation from employment, and attrition shall be deemed to have occurred only when the Board has received and acted upon a resignation prior to the date on which the Superintendent presents his/her recommendation to the Board regarding a reduction in force.  
 
If the reduction in force cannot be fully accomplished by attrition and if the Board decides to lay employees off, then, given the necessity to hire and/or maintain the most competent and qualified staff available in the interest of perpetuating the highest quality education program possible, the Superintendent shall make his/her recommendation and the Board shall base its decision regarding staff reduction on the relative competence (measured by formal evaluations), qualifications (determined by reference to the applicable job description), and work record (determined by reference to the employee’s work record, including, but not limited to, attendance, tardiness, and record of disciplinary action) of employees in the affected job classification.  If the Superintendent, in his/her judgment, determines that two or more employees are relatively equal with regard to competence, qualifications, and work record, then the recommendation of the Superintendent and the decision of the Board to reduce staff shall be made on the basis of seniority starting with the least senior employee in the affected job classification being laid off first.
 
Seniority
 
Seniority is defined as an employee’s continuous length of service with the School District and shall begin on the date the employee first worked for the District in any position.  A leave of absence does not change the employee’s seniority date.
 
Displacement Rights
 
Laid off employees shall have no right to displace any other employee.
 
Notice and Opportunity to be Heard
 
Prior to making a recommendation to the Board, the Superintendent will provide notice to each employee who would be affected by a recommendation for a reduction in force.  Notice will be provided by ordinary U.S. Mail postmarked at least two (2) weeks prior to the date on which the Superintendent submits his/her recommendation to the Board.
 
Prior to any decision by the Board, an employee who would be affected by a decision to make a reduction in force will be given an opportunity to be heard by the Board and may present information and argument to the Board in both written and oral form.  
 
The Board will provide at least two (2) weeks notice to the affected employee(s) prior to the effective date of the layoff.
 
Recall Procedure
 
All employees who are covered by this policy and who are on layoff status will be recalled before any new employee is hired in the affected job classification.  Recall shall be in reverse order of layoff with the most senior laid-off employee being recalled first.  Employees will be entitled to be recalled only to a vacancy in the position in which they were employed at the time of the layoff, and each employee will only be entitled to be recalled one time.  Laid off employees will have recall rights for six (6) months from the effective date of their layoff.
 
Laid-off employees shall keep the Superintendent advised of their current address.  Notice of recall shall be given by certified mail to employee at their current address.  If the employee fails to respond within fourteen (14) calendar days after the date of the mailing of the notice, the employee will be deemed to have refused the offer of recall.  A recalled employee must agree to report to work within fourteen (14) calendar days after acceptance of recall or his/her recall rights shall terminate.  Employees who are offered recall shall have only one opportunity to accept or reject a job offer by the District.
 
Benefits
 
The period of layoff, limited to the period during which an employee retains recall rights, shall not change the employee’s seniority date.
 
Upon recall from layoff, sick leave accumulation shall be restored to the employee at the same level as at the time of layoff.  For purposes of calculating an employee’s entitlement to sick leave and vacation benefits upon recall from layoff, the employee’s length of service shall be established at the same level as at the time of layoff.
 
Adoption: 02/14/02
   
Review: 07/09/09  11-11-13  11-12-18
 
Revision: 12/11/08  08/13/09
 
Cross References:
 
Legal References: 

403.10 Retirement Staff Member

F. C. SCHOOL BOARD POLICIES

Series 400 - Staff Personnel
 
Retirement Staff Member                       Code No 403.10
 
Employees who will complete their current contract with the board may apply for retirement.  No employee will be required to retire at a specific age.
 
Application for retirement will be considered made when the employee states in writing to the superintendent, no later than the date set by the board for the return of the employee’s contract to the board, the intent of the employee to retire.  The letter must state the employee’s desire to retire and be witnessed by another party other than the principal or the superintendent.  Applications made after the date set by the board for the return of the employee’s contract to the board may be considered by the board if special circumstances exist.  It is within the discretion of the board to determine whether special circumstances exist.
 
Board action to approve an employee’s application for retirement is final and such action constitutes nonrenewal of the employee’s contract for the next school year.
 
Employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.
 
Employees and their spouse and dependents who have group insurance coverage through the school district may be allowed to continue coverage in the school district’s group health insurance program, at their own expense, by meeting the requirements of the insurer.
 
The Board of Directors shall reserve the right to re-employ retired personnel, on a year-to-year basis.
 
Note:  Mandatory retirement ages are a violation of federal law.  The witnessing of the retiring employee’s letter is to protect the school district in the event an employee alleges that the school district forced the employee to retire.
 
 
 
Adoption:  4-14-86
                                 
Review: 4-11-94  02-14-02   5-08-08  11-11-13  11-12-18
                                                                
Revision: 6-12-08
                                                                                      
Cross References:
 
Legal References:  Iowa Code §§ 97B; 216; 279.46 (2007).  581 I.A.C. 21.  
1978 Op. Att’y Gen. 247;  1974 Op. Att’y Gen. 11,322.

403.11 Suspension and Dismissal

F. C.  SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Suspension and Dismissal Code No. 403.11
 
An employee charged with conduct that might be detrimental to the best interests of the school corporation may be suspended from duty, with or without pay, during the time that such charges are reviewed or tried, or for disciplinary reasons.  The superintendent is authorized to suspend an employee, and it shall be within the discretion of the superintendent to suspend an employee with or without pay.
 
Warnings, reprimands, or other disciplinary action will be in writing, communicated to the employee, and included in the employee’s personnel file.
 
In case of suspension, the principal, supervisor, or superintendent shall give oral and written notice of the reasons for the suspension, and the employee shall have an opportunity to respond to the reasons, before action is taken to suspend.  The superintendent shall review the reasons for the suspension, and any response by the employee, and make a determination whether there are reasonable grounds to believe the reasons are true and support the suspension.  The superintendent’s determination shall be in writing, given to the employee, and placed in the employee’s personnel file.
 
If such charges are found to be false or the employee is found not to be involved, the employee will return to duty immediately with entitlement to any pay not received during the suspension.
 
If such charges are substantiated or the employee is involved, then the employee may be considered for dismissal and, if suspended with pay, not entitled to pay beyond the effective date of dismissal.
 
Unless otherwise provided by law, employees of the District are employed on an at-will basis.  This means that either the employee or the District can terminate the employment relationship at any time, with or without notice, and for any reason which is not contrary to law or for no reason at all.
 
 
 
Adoption:  4/10/89
  
Review: 7/17/89  11-11-13  11-12-18
    
Revision: 4/11/94  02-14-02 12-11-08
 
Cross References:  
 
Legal References:  279.8; 279.27; 20.7(3)
 

403.11-R Dismissal Hearing

 

REGULATIONS
 
Series 400 - Staff Personnel
 
Dismissal Hearing Code No. 403.11-R
 
Employees who are not entitled by statute to be issued a contract of employment are employees at-will and may be terminated at any time, for any reason, and without advance notice, subject only to such procedures for termination as may be required by law or by due process.
 
An employee who is issued a contract under Iowa Code Chapter 279 may be discharged at any time during the contract year.  In addition to the power to suspend that is granted to the superintendent in Board Policy 403.11, the superintendent may suspend an employee pending hearing and determination by the Board as provided by Iowa Code Section 279.27.
 
 
 
Adoption:  4/10/89 
 
Review:     7/17/89 11-11-13  11-12-18
   
Revision    4/11/94 02-14-02   12-11-08
 
Cross References:
 
Legal References: 20.7(3); 279.15-279.20; 279.27

403.13 Staff Reduction: Administrators

F.C. SCHOOL BOARD  POLICIES
 
Series 400 Staff Personnel
 
STAFF REDUCTION :  (ADMINISTRATORS) Code No: 403.13
 
Decision To Reduce Force
 
A reduction in force is defined to mean the complete elimination of a position of employment.
 
The Board has the exclusive power to determine when a reduction in force of administrators is appropriate.  It shall be the responsibility of the Superintendent to make a recommendation to the Board concerning any reduction in force of administrators.  Regardless of or in the absence of a recommendation by the Superintendent, the Board may initiate a reduction in force of an administrator as it deems appropriate.
 
Decision to Reduce Hours of Work
 
A reduction in hours of work is defined to mean a decrease in the hours of work that an administrator is normally scheduled to perform.  
 
The Board has the exclusive power to reduce the hours of work of an administrator. It shall be the responsibility of the Superintendent to make a recommendation to the Board concerning any reduction in the hours of work of administrators.  Regardless of or in the absence of a recommendation by the Superintendent, the Board may initiate a reduction in hours of work of an administrator as it deems appropriate.
 
The decision to reduce the hours of work of an administrator may be made for any reason which is not in violation of the law.
 
Coverage
 
This policy applies to all full-time and part-time administrators who are employed in any one of the classifications listed below.  The policy applies to employees who are actively at work, to employees who are on leave of absence, and to employees who are neither actively at work nor on leave of absence but whose employment has not been terminated either voluntarily or involuntarily.
 
Classification
 
For purposes of staff reduction, employees will be classified by job classification as follows:
 
Superintendent
High School Principal
Middle School Principal
Elementary Principal
Assistant HS Principal / Activities Director
Assistant Principal Elementary
Curriculum Director 
 
 
Procedure
 
The Board shall first attempt to make staff reductions by attrition.  Attrition is defined to mean a voluntary separation from employment, and attrition shall be deemed to have occurred only when the Board has received and acted upon a resignation prior to the date on which the Board makes a motion to terminate or consider terminating an employee’s contract.  
 
If the reduction in force cannot be fully accomplished by attrition and if the Board decides to lay employees off, then, given the necessity to hire and/or maintain the most competent and qualified staff available in the interest of perpetuating the highest quality education program possible, the Superintendent shall make his/her recommendation and the Board shall base its decision regarding staff reduction on the relative competence (measured by formal evaluations), qualifications (determined by reference to the applicable job description), and work record (determined by reference to the employee’s work record, including, but not limited to, attendance, tardiness, and record of disciplinary action) of employees in the affected job classification.  If the Superintendent, in his/her judgment, determines that two or more employees are relatively equal with regard to competence, qualifications, and work record, then the recommendation of the Superintendent and the decision of the Board to reduce staff shall be made on the basis of seniority starting with the least senior employee in the affected job classification being laid off first.
 
Seniority
 
Seniority is defined as an employee’s continuous length of service with the School District and shall begin on the date the employee first worked for the District in any position.  A leave of absence does not change the employee’s seniority date.
 
Displacement Rights
 
Laid off employees shall have no right to displace any other employee.
 
Notice and Opportunity to be Heard
 
If an affected employees serves under a contract issued in accordance with Iowa Code Chapter 279, then the procedures provided by statute shall be followed in implementing the reduction in force.
 
For all other employees, the following procedure will apply:
 
Prior to making a recommendation to the Board, the Superintendent will provide notice to each employee who would be affected by a recommendation for a reduction in force.  Notice will be provided by ordinary U.S. Mail postmarked at least two (2) weeks prior to the date on which the Superintendent submits his/her recommendation to the Board.  If the Board initiates a reduction in force of an administrator on its own motion, then the Board will provide such notice.
 
Prior to any decision by the Board, an employee who would be affected by a decision to make a reduction in force will be given an opportunity to be heard by the Board and may present information and argument in both written and oral form.  
 
The Board will provide at least two (2) weeks notice to the affected employee(s) prior to the effective date of the layoff.
 
Recall Procedure
 
All employees who are covered by this policy and who are on layoff status will be recalled before any new employee is hired in the affected job classification.  Recall shall be in reverse order of layoff with the most senior laid-off employee being recalled first.  Employees will be entitled to be recalled only to a vacancy in the position in which they were employed at the time of the layoff, and each employee will only be entitled to be recalled one time.  Laid off employees will have recall rights for six (6) months from the effective date of their layoff.
 
Laid-off employees shall keep the Superintendent advised of their current address.  Notice of recall shall be given by certified mail to employee at their current address.  If the employee fails to respond within fourteen (14) calendar days after the date of the mailing of the notice, the employee will be deemed to have refused the offer of recall.  A recalled employee must agree to report to work within fourteen (14) calendar days after acceptance of recall or his/her recall rights shall terminate.  Employees who are offered recall shall have only one opportunity to accept or reject a job offer by the District.
 
Benefits
 
The period of layoff, limited to the period during which an employee retains recall rights, shall not change the employee’s seniority date.
 
Upon recall from layoff, sick leave accumulation shall be restored to the employee at the same level as at the time of layoff.  For purposes of calculating an employee’s entitlement to sick leave and vacation benefits upon recall from layoff, the employee’s length of service shall be established at the se level as at the time of layoff.
 
 
 
Adoption:  02/14/02
   
Review: 11-11-13  11-12-18
         
Revision: 12-11-08
     
Cross References: 
 
Legal References: 
 

403.14 Employee Records

F. C. SCHOOL BOARD POLICIES
 
Series 400 - Staff Personnel
 
Employee Records Code No. 403.14
 
The school district will maintain personnel records on employees.  The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.
 
The records will include, but not be limited to, records necessary for the daily administration of the school district, salary records, evaluations, application for employment, references, and other items needed to carry out board policy.  Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility.  Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.
 
Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee.  The school district may charge a reasonable fee for each copy made.  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 is the responsibility of the superintendent to keep employees' personnel files current.  The board secretary shall be the custodian of employee records.
 
It is the responsibility of the superintendent to develop administrative regulations for the implementation of this policy. 
 
 
 
 
Adoption: 02-10-05
 
Review: 05-08-08  7-9-12  11-11-13  11-12-18
 
Revision: 06-12-08
 
Cross Reference: 403 Employee Contracts
805 School District Records
 
Legal Reference:  Iowa Code chs. 20; 21; 22; 91B (1999).   Clymer v. City of Cedar Rapids, No. 209/97-1705 (Iowa 1999).   Des Moines Independent Community School District v. Des Moines Register and Tribune Company, 487 N.W. 2d 666 (Iowa 1992).   City of Dubuque  v. Telegraph Herald, Inc., 297 N.W.2d 523 (Iowa 1980).

403.14-R1 Employee Records Regulation

REGULATIONS
 
Series 400 - Staff Personnel
 
Employee Records Regulation Code No. 403.14-R1
 
Employee Personnel Records Content
 
  1. Employee personnel records may contain the following information:
  • Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.
  • Individual employment contract.
  • Evaluations.
  • Application, resume and references.Salary information.
  • Copy of the employee's license or certificate, if needed for the position.
  • Educational transcripts.
  • Assignment.
  • Records of disciplinary matters.
 
  1. Employee health and medical records shall be kept in a file separate from the employee's personnel records.  Health and medical records may contain, but are not limited to:
 
  • Medical professional signed physical form.
  • Sick or long-term disability leave days.
  • Worker's compensation claims.
  • Reasonable accommodation made by the school district to accommodate the employee's disability.
  • Employee's medical history.
  • Employee emergency names and numbers.
  • Family and medical leave request forms.
 
  1. The following are considered public personnel records available for inspection:
  • The name and compensation of the individual, including any written agreement establishing compensation or any other terms of employment, except for that information that is otherwise protected.  “Compensation” includes the value of  benefits conferred including, but not limited to: casualty, disability, life or health insurance, other health or wellness benefits, vacation holiday and sick leave severance payments, retirement benefits and deferred compensation;
  • The dates the individual was employed by the government body;
  • The positions the individual holds or has held with the government body;
  • The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual’s previous employers, positions previously held and dates of previous employment;
  • The fact that the individual was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal and statutory remedies; and, 
  • Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to the Family Educational Privacy Rights Act (FERPA.)
 
Applicant File Records Content
 
Records on applicants for positions with the school district shall be maintained in the central administration office.  The records shall include, but not be limited to:

Application for employment.

  • Resume.
  • References.
  • Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.
  • Affirmative action form, if submitted.
 
Record Access
 
Only authorized school officials shall have access to an employee's records without the written consent of the employee.  Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary.  In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical file without the consent of the employee.  Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of board business.
 
Confidential records include, but are not necessarily limited to, birth dates, addresses, gender, employment applications, performance evaluations and individual test scores.  
 
 
Employee Record Retention
 
All employee records, except payroll and salary records, shall be maintained for a minimum of seven years after termination of employment with the district.  Applicant records shall be maintained for minimum of seven years after the position was filled.  Payroll and salary records shall be maintained for a minimum of three years after payment.
 
 
 
Adoption:  02-10-05
 
Review:   05-08-08 7-9-12  11-11-13  11-12-18
 
Revision: