This series of the board policy manual is devoted to the board's goals and objectives for employees in the performance of their jobs.  Employees provide a variety of important services for the children of the school district community.  They may be teaching or assisting in the classroom, working in the office, maintaining the facilities, driving or repairing the school buses, or cooking lunches.  Each employee plays a vital role in providing an equal opportunity for a quality education for students commensurate with the students' individual needs.  While the teachers have the most direct impact on the formal instruction of students, all employees have an impact on the school environment by their dedication to their work and their actions.  As role models for the students, employees shall promote a cooperative, enthusiastic, and supportive learning environment for the students.

In striving to achieve a quality education program, the board's goal is to obtain and retain qualified and effective employees.  The board shall have complete discretion to determine the number, the qualifications, and the duties of the positions and the school district's standards of acceptable performance.  It shall be the responsibility of the superintendent to make recommendations to the board in these areas prior to board action.  The board recognizes its duty to bargain collectively with duly certified collective bargaining units.  To the extent a group of employees has a recognized collective bargaining unit, the provisions of the master contract regarding such topics shall prevail.

Board policies in this series relating to general employees will apply to employees regardless of their position as a licensed employee, classified employee, substitute or administrator.  Board policies relating to licensed employees will apply to positions that require a teaching license or administrator's certificate or other professional license, certificate or endorsement, unless administrative positions are specifically excluded from the policy or a more specific policy is in the 300 series, Administration.  Classified employees' policies included in this series will apply to positions that do not fall within the definition of licensed employee.

Date Board Adopted: 9/15/1986

Date Board Updated/Reviewed: 2/21/2022

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

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

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

Advertisements and notices for vacancies within the district will contain the following statement:  "The Denison Community School District is an 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, Denison Community School District, 819 North 16th Street, Denison, Iowa 51442; or by telephoning 712-263-2176 . 

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Equal Employment Opportunity Commissions, 500 W. Madison St., Suite 2000, Chicago, IL, 60661, (800) 669-4000 or TTY (800) 669-6820. http://www.eeoc.gov/field/chicago/ or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or (800)-457-4416, http://www.iowa.gov/government/crc/.  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.

Date Board Adopted: 7/16/2007

Date Board Updated/Reviewed: 2/21/2022

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

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

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

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

            281 I.A.C. 12.4; 95.

Employees may use school district credit cards and/or procurement cards (p-cards) for the actual and necessary expenses incurred in the performance of work-related duties.  Actual and necessary expenses incurred in the performance of work-related duties include, but are not limited to travel expenses related to professional development or fulfillment of required job duties, fuel for school district transportation vehicles used for transporting students to and from school and for school-sponsored events, payment of claims related to professional development of the board and employees, and other expenses required by employees and the board in the performance of their duties.

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

The school district may maintain school district credit or procurement cards for actual and necessary expenses incurred by employees and officers in the performance of their duties.  

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

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

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 2/21/2022

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

                                    Iowa Code §§ 279.8, .29, .30.

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

Computers, electronic devices and other technology are powerful and valuable education and research tools and, as such, are an important part of the instructional program. In addition, the school district depends upon technology 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 superintendent is responsible for designating a Director of Technology who will oversee the use of school district technology resources. The Director of Technology will prepare in-service programs for the training and development of school district staff in technology skills, appropriate use of district technology and for the incorporation of technology use in subject areas.

The superintendent, working with appropriate staff, shall establish regulations governing the use and security of the school district’s technology resources. The school district will make every reasonable effort to maintain the security of the district networks and devices. All users of the school district’s technology resources, including students, staff and volunteers, shall 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 technology access privileges.

Usage of the school district’s technology resources is a privilege, not a right, and that use entails responsibility. District-owned technology and district maintained social media and e-mail accounts are the property of the school district. Therefore, users of the school district’s network must not expect, nor does the school district guarantee, privacy for e-mail or use of the school district’s 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 network.

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

•       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 shall 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 shall adhere to all applicable privacy and confidentiality policies adopted by the school district when on external web sites. Employees shall not use the school district logos, images, iconography, etc. on external web sites. Employees shall 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 school administration. Employees, who would like to start a social media site for school district sanctioned activities, should contact the school administration. 

It is the responsibility of the superintendent or superintendent’s designee to develop administrative regulations implementing this policy.

Date Board Adopted: 6/20/2011

Date Board Updated/Reviewed: 2/21/2022

Legal Reference:           Iowa Code § 279.8.

                                    281 I.A.C. 13.35, .26

The board believes the district has an interest in maintaining an orderly and effective work environment while balancing employees First Amendment rights to freedom of expression and diverse viewpoints and beliefs.  When employees speak within their official capacity, their expression represents the district and may be regulated.  The First Amendment protects a public employee’s speech when the employee is speaking as an individual citizen on a matter of public concern.  Even so, employee expression that has an adverse impact on district operations and/or negatively impacts an employee’s ability to perform their job for the district may still result in disciplinary action up to and including termination.

Employees who use social media platforms are encouraged to remember that the school community may not be able to separate employees as private citizens, from their role within the district.  Employee expression on social media platforms that interferes with the district’s operations or prevents the district from functioning efficiently and effectively may be subject to discipline up to and including termination.

A district employee who acts to protect a student for engaging in free expression or who refuses to infringe on students engaging in free expression; and who is acting within the scope of their professional ethics will not be retaliated against or face any adverse employment action based on their behavior provided that expression is otherwise permitted by law and board policy.  

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

Date Board Adopted: 8/16/2021

Date Board Updated/Reviewed: 2/21/2022

Legal Reference:           U.S. Const. Amend. I 

                                    Iowa Code §§ 279.73; 280.22 

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

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

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

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

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

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

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

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

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

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

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

Date Board Adopted: 10/11/1993

Date Board Updated/Reviewed: 2/21/2022

Legal Reference:    7 C.F.R. 3016.36(3).

Iowa Code §§ 20.7; 68B; 279.8; 301.28.

More than one family member may be an employee of the school district. 

The employment of more than one individual in a family is on the basis of their qualifications, credentials and records.

Date Board Adopted: 1/9/2009

Date Board Updated/Reviewed: 2/21/2022

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

EMPLOYEE COMPLAINTS

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

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

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

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

Date Board Adopted: 1/19/2009

Date Board Updated/Reviewed: 2/21/2022

Legal Reference: Iowa Code §§ 20; 279.8

The school district will maintain personnel records on employees.  The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.

The records will include, but not be limited to, records necessary for the daily administration of the school district, salary records, evaluations, application for employment, references, and other items needed to carry out board policy.  Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility.  Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.

Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee.  The school district may charge a reasonable fee for each copy made.  Employees, however, will not be allowed access to the employment references written on behalf of the employee.  Board members will generally only have access to an employee's file when it is necessary because of an employee related matter before the board.

It is the responsibility of the superintendent to keep employees' personnel files current.  The board secretary is the custodian of employee records.

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

Date Board Adopted: 1/19/2009

Date Board Updated/Reviewed: 2/21/2022

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

The district believes in taking appropriate measures to promote the health and welfare of all students.  Any school employee, contractor, or agent shall not assist another school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law.  

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

•      the matter has been officially closed by the law enforcement agency; 

•      the individual is acquitted or otherwise exonerated of the alleged misconduct; or 

•      more than four years has passed since the case was opened, and no charges or indictment have been filed.

Date Board Adopted: 3/18/2019

Date Board Updated/Reviewed: 2/21/2022

Legal References:     20 U.S.C. §7926

        281 I.A.C. 12.3(14)

Employees traveling on behalf of the school district and performing approved school district business will be reimbursed for their actual and necessary expenses. Actual and necessary travel expenses will include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses and registration costs. Travel Outside the School District Travel outside of the school district must be pre-approved. Pre-approval will include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business. Travel outside the school district by employees, other than the superintendent, is approved by the superintendent or superintendent’s designee. Reimbursement for actual and necessary expenses may be allowed for travel outside the school district if the employee received pre-approval for the travel. Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed receipt, indicating the date, purpose and nature of the expense for each claim item. In exceptional circumstances, the superintendent may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances is maintained as part of the school district's record of the claim. 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 are 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 shall be by automobile. If a school district vehicle is not available, the employee will be reimbursed according to the amount allowed by the Internal Revenue Service. Travel Within the School District Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position may be reimbursed according to the amount allowed by the Internal Revenue Service. It is the responsibility of the superintendent to approve travel within the school district by employees. It is the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process. 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 is 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 from the school district and the procedures for obtaining approval for travel outside of and within the school district.

Date Board Adopted: 9/15/1986

Date Board Updated/Reviewed: 2/21/2022

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

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.

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 2/21/2022

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

                                    Iowa Code § 279.8 (2013). 1980 Op. Att'y Gen. 102.

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

Violation of this policy may be grounds for disciplinary action.

Date Board Adopted: 10/12/1992

Date Board Updated/Reviewed: 2/21/2022

Legal Reference:    Iowa Code §§ 55; 279.8.

The following information will be released to an entity with whom an employee has applied for credit or has obtained credit:  title of position, income, and number of years employed.  This information will be released without prior written notice to the employee.  Confidential information about the employee will be released to an inquiring creditor with a written authorization from the employee.

It is the responsibility of the financial secretary or business manager to respond to inquiries from creditors.

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 2/21/2022

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

Code No.  402.2

CHILD ABUSE REPORTING

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

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

Date Board Adopted: 9/15/1986

Date Board Updated/Reviewed: 9/19/2022

Legal Reference:

Iowa Code §§ 232.67-.77; 232A; 235A; 280.17.
441 I.A.C. 9.2; 155; 175.

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.

Date Board Adopted: 7/13/1992

Date Board Updated/Reviewed: 2/21/2022

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.

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

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

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

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

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

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

              Contributions to a candidate or a candidate's committee;

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

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

              An inheritance;

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

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

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

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

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

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

              Funeral flowers or memorials to a church or nonprofit organization;  

              Gifts other than food, beverages, travel and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee

              Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;

              Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar or other meeting that is sponsored and directed by any state, national or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;

              Payment of salary or expenses by the school district for the cost of attending a meeting of a subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or

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

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

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

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

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

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

Date Board Adopted: 10/11/1993

Date Board Updated/Reviewed: 2/21/2022

Legal References:         Iowa Code ch. 68B (2013).

                                    1972 Op. Att'y Gen. 276. 1970 Op. Att'y Gen. 319.

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 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 licensed 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 213.1.

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.

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 2/21/2022

Legal Reference:  Iowa Code § 279.8 (2013).

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.

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 2/21/2022

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

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

The cost of bus driver renewal physicals will be paid by the school district. The school district will provide the standard examination form to be completed by a certified medical examiner for bus drivers. 

Employees whose physical or mental health, in the judgment of the administration, may be in doubt will submit to additional examinations to the extent job-related and consistent with business necessity, when requested to do so, at the expense of the school district.

The district will comply with occupational safety and health requirements as applicable to its employees in accordance with law.

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 2/21/2022

Legal Reference:          29 C.F.R. § 1910.1030.

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

            Iowa Code §§ 20; 279.8; 321.376. 281 I.A.C. 43.15; 43.17.

When an employee becomes seriously injured on the job, the employee’s supervisor will attempt to notify a member of the family, or an individual of close relationship, as soon as the employee’s supervisor becomes aware of the injury.

If possible, an employee may administer emergency or minor first aid.  An injured employee will be turned over to the care of the employee's family or qualified medical employees as quickly as possible.  The school district is not responsible for medical treatment of an injured employee.

It is the responsibility of the employee injured on the job to inform the district within twenty-four hours of the occurrence.  It is the responsibility of the employee to file an accident report within twenty-four hours after the injury.

It is the responsibility of the district office to file worker’s comp claims.

Date Board Adopted: 12/18/2017

Date Board Updated/Reviewed: 2/21/2022

.

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

Employees with a communicable disease will be allowed to perform their customary employment duties provided they are able to perform the essential functions of their position and their presence does not create a substantial risk of illness or transmission to students or other employees.  The term "communicable disease" will mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.

Prevention and control of communicable diseases is included in the school district's bloodborne pathogens exposure control plan.  The procedures will include scope and application, definitions, exposure control, methods of compliance, universal precautions, vaccination, post-exposure evaluation, follow-up, communication of hazards to employees and record keeping.  This plan is reviewed annually by the superintendent and school nurse.

The health risk to immunodepressed employees is determined by their personal physician.  The health risk to others in the school district environment from the presence of an employee with a communicable disease is determined on a case-by-case basis by the employee's personal physician, a physician chosen by the school district or public health officials.

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

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

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 2/21/2022

Legal Reference:    

    29 U.S.C. §§ 794, 1910.

    42 U.S.C. §§ 12101 et seq.

    45 C.F.R. Pt. 84.3.

    Iowa Code chs. 139(a); 141(a).

    641 I.A.C. .1, .2, .7.

The board authorizes the development of a comprehensive hazardous chemical communication program for the school district to disseminate information about hazardous chemicals in the workplace.

Each employee will annually review information about hazardous substances in the workplace.  When a new employee is hired or transferred to a new position or work site, the information and training, if necessary, is included in the employee's orientation.  When an additional hazardous substance enters the workplace, information about it is distributed to all employees, and training is conducted for the appropriate employees.  The superintendent will maintain a file indicating which hazardous substances are present in the workplace and when training and information sessions take place.

Employees who will be instructing or otherwise working with students will disseminate information about the hazardous chemicals with which they will be working as part of the instructional program. 

It is the responsibility of the superintendent to develop administrative regulations regarding this program. 

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 2/21/2022

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

    Iowa Code chs. 88; 89B.

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 or alcoholic beverage as defined by federal or state law.  "Workplace" includes school district facilities, school district premises or school district vehicle, 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.

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

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

Date Board Adopted: 7/13/1992

Date Board Updated/Reviewed: 2/21/2022

Legal Reference:          41 U.S.C. §§ 81 (2012).

                                    42 U.S.C. §§ 12101 et seq. (2012).

                                    34 C.F.R. Pt. 85 (2012). Iowa Code §§ 123.46; 124; 279.8 (2013).

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports sixteen or more persons including the driver or the school vehicle weighs twenty-six thousand one pounds or more.  For purposes of the drug and alcohol testing program, the term "employees" includes applicants who have been offered a position to operate a school vehicle.

The employees operating a school vehicle as described above are subject to pre-employment drug testing and random, reasonable suspicion and post-accident drug and alcohol testing.  Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol.  Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations.  Employees with questions about the drug and alcohol testing program may contact the school district contact person, Director of Transportation at 819 North 16th Street, Denison, Iowa 51442.

Employees who violate the terms of this policy are subject to discipline, up to and, including termination. The district is required to keep a record of all drug or alcohol violations by employees for a minimum of five years.  Employees are put on notice that information related to drug or alcohol violations will be reported to the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse.  Additionally, the district will conduct FMCSA Clearinghouse queries for employees annually.  Employees must provide written consent for the district to conduct FMCSA Clearinghouse queries; however, employees who choose to withhold consent will be prohibited from performing any safety sensitive functions.

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

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

IASB Drug and Alcohol Testing Program (IDATP) Web site:  https://www.ia-sb.org/Main/Affiliated_Programs/Iowa_Drug_Alcohol_Testing_Program.aspx

Information about the Federal Motor Carrier Safety Administration Clearinghouse is located at: clearinghouse.fmcsa.dot.gov.

Information about resources for a substance-free awareness program and related services may be obtained from the school district's employee assistance program, the Department of Education at (515) 281-3021 or Department of Health, Substance Abuse Division at (515) 281-3641.   For regulations and forms, http://www.fmcsa.dot.gov/rules-regulations/topics/drug/drug.html

Date Board Adopted: 12/11/1995

Date Board Updated/Reviewed: 2/21/2022

                                      Legal Reference:  American Trucking Association, Inc., v. Federal Highway Administration, 51 Fed. 3rd 405 Cir. (4th1995).

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

                                                   42 U.S.C. §§ 12101.

                                                   41 U.S.C. §§ 81.

                                                   49 C.F.R. Pt. 40; 382; 39.

                                                   34 C.F.R. Pt. 85.

                                                  Local 301, Internat'l Assoc. of Fire Fighters, AFL-CIO, and City of Burlington, PERB No. 3876 (3-26-91).

                                                        Iowa Code §§ 124; 279.8; 321.375(2); 730.5.

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. 

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

Date Board Adopted: 12/18/2017

Date Board Updated/Reviewed:2/21/2022

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.

Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," will have an opportunity to apply and qualify for licensed positions in the school district in accordance with applicable laws and school district policies regarding equal employment.  Job applicants for licensed positions will be considered on the basis of the following:

      Training, experience, and skill;

      Nature of the occupation;

            Demonstrated competence; and

      Possession of, or ability to obtain, state license if required for the position.

All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system. Additional announcements of the position may occur in a manner which the superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired.

The board will employ licensed employees after receiving a recommendation from the superintendent.  The superintendent, however, will have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.

Date Board Adopted: 7/16/2007

Date Board Updated/Reviewed: 2/21/2022

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

                                    42 U.S.C. §§ 2000e, 12101 et seq.

                                    Iowa Code §§ 20; 35C; 216; 279.13.

                                    281 I.A.C. 12.

                                    282 I.A.C. 14. 1980 Op. Att'y Gen. 367.

Licensed employees who desire to be released from properly executed contracts must submit a signed and dated request directed to the superintendent, , stating the reason(s) for the request, who will refer said request to the Board of Education at its next regular or special meeting.

While the Board recognizes that there may occasionally exist unusual circumstances to justify unconditional and untimely release from a contract, normally a release will not be granted unless the Board has reasonable assurance that a suitable replacement can be found without undue cost.  The Board reserves the right to consider each request for release on its own merits and make its decision on a case-by-case basis. 

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.

In the event that an employee terminates his/her employment without proper release, the superintendent, or designee, is directed to file a complaint against said employee with the Iowa Board of Educational Examiners.

Date Board Adopted: 7/20/2015

Date Board Updated/Reviewed: 2/21/2022

Legal Reference:  Iowa Code §§ 91A.2, .3, .5; 279.13, .19A (2013).

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 the cost of advertising incurred to locate and hire a suitable replacement.  Upon written mutual agreement between the employee and the superintendent, the costs may be deducted from the employee's salary.  Payment of these costs is a condition for release from the contract at the discretion of the board.  Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.

The superintendent is required to file a complaint with the Iowa Board of Educational Examiners against a licensed employee who leaves without proper release from the board. 

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 2/21/2022

Legal Reference:          Iowa Code §§ 216; 272; 279.13, .19A, .46 (2013).

                                    1978 Op. Att'y Gen. 247. 1974 Op. Att'y Gen. 11, 322.

LICENSED EMPLOYEE RETIREMENT

The Board of Education of the Denison Community School District realizes the benefits its students and teachers will derive in having a staff with a balance of experienced employees and beginning employees. The District will benefit by having a gradual rotation of employees and can assist employees in long-term planning for health care. It is the intent of the District to provide a means whereby employees can continue to have health care coverage after retirement and prior to their eligibility for social security and Medicare benefits.

The Denison Community School District will assist in providing for insurance to full-time licensed employees who apply for voluntary early retirement and meet the eligibility and application requirements for this policy. The final decision on the acceptance of the early retirement application rests solely with the Denison Community School District Board of Directors and this policy will be in effect for the 2021-2022 school year only.

A. Eligibility Requirements:

1. Licensed employee possesses an employment contract with the Denison Community School District.

2. Licensed employee has reached age fifty-five (55) or will attain fifty-five (55) on or before July 1 of the year the application for early retirement is submitted.

3. Licensed employee has completed or will complete the end of the 2021-2022 school year at least twenty (20) years of contracted service in the Denison Community School District.

4. The licensed employee is not subject to discharge for cause or has not been discharged from employment by the Denison Community School District.

B. Application Requirement:

1. Licensed employees wishing to apply for voluntary early retirement must submit the attached application to the Superintendent with a letter of resignation on or before February 1, 2022. Applications submitted after February 1, 2022, may be considered at the discretion of the Board depending on circumstances for the late application. The Denison Community School Board of Directors reserves the right to limit the number of approved applications for early retirement. If the Board determines that it will be necessary to limit the number of approved applications they will use a process based on the date and time of each individual application for early retirement using the earliest application filed as the starting point and then moving forward chronologically first to last, until the established number to be accepted is reached. The board will have complete discretion to determine the number of applications that will be approved.

2. The licensed employee must retire by June 30th of the same year as the February 1, 2022 date above.

3. Approval of the application for voluntary early retirement constitutes termination of the licensed employee contract. Non-approval of the application for voluntary early retirement will void the letter of resignation that accompanied the application.

4. The licensed employee must apply for a retirement allowance under the IPERS plan or local teacher pension plan.

5. Approval by the Board of the licensed employee voluntary early retirement application shall constitute a voluntary resignation. Approval by the Board of the application for voluntary early retirement shall also make the licensed employee eligible for early retirement incentives as of July 1 of the same year as the February 1, 2022 date above.

C. Medical Insurance Benefit:

1. Upon voluntary early retirement, the licensed employee shall be eligible to continue participation in the Denison Community School District group insurance plan by meeting the requirements of the insurer.

2. Benefits payable by the District are only payable if consistent with the rules and regulations and/or other requirements of the District insurance company in force at the time of application for coverage. If continued coverage is not permitted by the District insurance carrier, all benefits will cease.

3. An employee who applies for early retirement prior to February 1, 2022 and who is granted early retirement benefits for 2022, shall be entitled to payment of a single premium for health insurance on a progressive schedule based on years of experience within the Denison Community School District. The following table will be used for calculation of benefits. The formula for calculation shall be number of unused sick leave days times the amount allowed per day. This amount shall be applied on a monthly basis toward the coverage of the individual health insurance provided by the District insurance carrier. The maximum accumulation of sick leave days to cap the amount of payment is 125 days.

Years of Experience:

20-24 years - Amount Paid/Unused Sick Leave is $2.00

25-29 years - Amount Paid/Unused Sick Leave is $2.50

30 years or more - Amount Paid/Unused Sick Leave is $3.00

4. The licensed employee will be responsible for arranging a monthly payment schedule for their portion of the medical insurance premium and the cost of the additional premium if they wish to include their dependents. The payment schedule will be arranged with the Denison Community School District business office one month prior to the due date of the school district premium payment to the insurance carrier. In most cases the retiree will have to pay their portion of the group medical insurance premium on an after-tax basis.

5. Nothing herein shall limit the Denison Community School District's ability to change the terms of its existing medical insurance coverage, and this policy in no way guarantees a participating employee any certain level of benefits during the employee participating in the insurance benefits portion of the early retirement plan.

6. This insurance coverage shall cease when the licensed employee/retiree reaches the age for Medicare eligibility, secures other employment in which the employer provides insurance coverage, or dies. If dependent insurance coverage is carried at the time of the employee/retiree sixty-fifth birthday, that coverage may be continued through COBRA (Consolidated Omnibus Budget Reconciliation Act) for a set number of months according the law; or the employee/retiree may apply for the Retiree Comprehensive Medical Insurance and include his/her dependents.

D. Review:

1. The Denison Community School District Board of Directors has complete discretion to offer or not to offer an early retirement plan for licensed employees. The Board may discontinue the school district early retirement plan at any time.

2. Benefits allowed individuals for a previously approved early retirement application shall continue in effect if the early retirement policy is discontinued by the Denison Community School District Board of Directors.

3. The Denison Board of Directors reserves the right to modify without warning or notice the early retirement plan incentive benefits and maintains the right to change the group insurance carrier and benefits administrator.

4. A licensed employee who elects to participate in the district early retirement program will become a retired employee and will be entitled to all rights and privileges of an employee under applicable law and policies of Denison Community Schools. Licensed employees who elect to participate in the early retirement program shall not be eligible to be rehired in any capacity with the Denison Community School District nor shall the District be required to accept an application for employment from a licensed employee who elects to participate in the early retirement program.

Exception to #4: The District may hire a licensed employee who elects to participate in the early retirement program as a substitute teacher or in dire situations at the discretion of the superintendent.

Date Board Updated/Reviewed: 2/21/2022

Legal Reference:           Iowa Code §§ 97B; 216; 279.46.

                                    281 I.A.C. 21.

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.

Date Board Adopted: 11/8/1999

Date Board Updated/Reviewed: 2/21/2022

Legal Reference:          Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765, 769 (Iowa 1987).

                                    McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979); 402.N.W. 2d 765, 769 (Iowa 1987)

                                    Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2013).

The board has the exclusive authority to determine the appropriate number of licensed employees.  A reduction of licensed employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, and other reasons deemed relevant by the board.

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

It is the responsibility of the superintendent to make a recommendation for termination to the board.  The process for reduction in force shall be as follows:

The district’s collective bargaining agreement outlines the process.

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

Date Board Adopted: 9/15/1986

Date Board Updated/Reviewed: 2/21/2022

Legal Reference: Iowa Code §§ 20; 279

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, is made to the superintendent or superintendent’s designee.  Approval of the superintendent or superintendent’s designee 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 or superintendent’s designee will have sole discretion to allow or disallow licensed employees to attend or participate in the requested event.  When making this determination, the superintendent or superintendent’s designee 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 or superintendent’s designee.  Requests that involve unusual expenses or overnight travel must also be approved by the superintendent or superintendent’s designee.

Date Board Adopted: 7/17/2000

Date Board Updated/Reviewed: 2/21/2022

Legal Reference:          Iowa Code § 279.8. 281 I.A.C. 12.7; 83.6

The board will determine the amount of vacation, holidays, and personal leave that will be allowed on an annual basis for licensed employees and it will be outlined in the employee handbook and/or collective bargaining agreement.

Support staff employees will be paid only for the hours they would have been scheduled for the day. 

Full-time annual employees who have served a full year (12 months) are entitled to one week vacation with pay.  After two full years of employment employees are entitled to two weeks vacation with pay; and, after five full years of employment, three weeks vacation with pay.  Vacation time may not accrue from one year to the next.  Vacation time needs to be authorized by the superintendent or superintendent’s designee.

Date Board Adopted 9/15/1986

Date Board Reviewed 2/21/2022

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

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as July 1 to June 30. 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. 

Date Board Adopted 5/9/1994

Date Board Reviewed 2/21/2022

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). 

The board will allow employees to be excused for jury duty unless extraordinary circumstances exist.  The superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours. 

Licensed employees will receive their regular salary.  Any payment for jury duty will be paid to the school district.

Date Board Adopted 9/15/1986

Date Board Reviewed 2/21/2022

Legal Reference:          Iowa Code §§ 20.9; 607A (2013). 

The board recognizes employees may be called to participate in the armed forces, including the national guard.  If a employee is called on to serve in the armed forces, the employee will have a leave of absence for military service until the military service is completed.

The leave is without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

Date Board Adopted 9/15/1986

Date Board Reviewed 2/21/2022

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

                                    Iowa Code §§ 20; 29A.28 (2013).

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

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

Properly certified substitutes shall be paid on a daily rate for their teaching services.  Such rate shall be set annually by the board at the time salary schedules are considered and established.  A substitute who serves in a specific assignment for a period in excess of twenty (20) consecutive teaching days shall be paid at one and a half times the board approved substitute daily rate after the twentieth consecutive day of substituting, and will be retroactive to the first day of the substitute period, but is not eligible for any benefits extended to full time employees.

Date Board Adopted 9/15/1986

Date Board Reviewed 2/21/2022

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

                                    Iowa Code §§ 20.1, .4(5), .9; Ch.272 (2013).

                                    281 I.A.C. 12.4.

The building principal or principal’s designee of each building shall serve as the building's truancy officer.

The truancy officer will investigate the cause of a student's truancy and attempt to ensure the student's attendance.  The truancy officer may take the student into custody. The truancy officer will attempt to contact the student's parents when the student is taken into custody.

Date Board Adopted 7/17/2000

Date Board Reviewed 2/21/2022

\

Legal Reference:          Iowa Code §§ 299.10-.11, .15 (2013).

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

It is the responsibility of the superintendent to establish job specifications and job descriptions for support staff positions. 

Support staff employees required to hold a license for their position must present evidence of their current license to the district office prior to payment of wages each year.

Date Board Adopted 12/18/2017

Date Board Reviewed 2/21/2022

Legal Reference: Iowa Code §§ 20; 279.8.

Persons interested in a support staff position will have an opportunity to apply and qualify for support staff positions in the school district in accordance with applicable laws and school district policies regarding equal employment.  Job applicants for support staff positions will be considered on the basis of the following:

      Training, experience, and skill;

      Nature of the occupation;

      Demonstrated competence; and

      Possession of, or ability to obtain, state or other license or certificate, if required, for the position.

All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system.  Additional announcements of the position may occur through means the superintendent believes will inform potential applicants about the position.  Whenever possible, the preliminary screening of applicants will be conducted by the administrator or director who directly supervises and oversees the position.

The superintendent will recommend employment of classified employees to the board for approval. 

Date Board Adopted 1/16/2017

Date Board Reviewed 2/21/2022

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

                                    42 U.S.C. §§ 2000e; 12101 et seq.

                                    Iowa Code §§ 20; 35C; 216; 256.27; 279.8; 279.20; 281 I.A.C. 12

SUPPORT STAFF RETIREMENT

The Board of Education of the Denison Community School District realizes the benefits its students and teachers will derive in having a staff with a balance of experienced employees and beginning employees. The District will benefit by having a gradual rotation of employees and can assist employees in long-term planning for health care. It is the intent of the District to provide a means whereby employees can continue to have health care coverage after retirement and prior to their eligibility for social security and Medicare benefits.

The Denison Community School District will assist in providing for insurance to full-time employees who apply for voluntary early retirement and meet the eligibility and application requirements for this policy. The final decision on the acceptance of the early retirement application rests solely with the Denison Community School District Board of Directors and this policy will be in effect for the 2021-2022 school year only.

A. Eligibility Requirements:

1. Employee is in good standing with the Denison Community School District.

2. Employee has reached age fifty-five (55) or will attain fifty-five (55) on or before July 1 of the year the application for early retirement is submitted.

3. Employee has completed or will complete the end of the 2021-2022 school year at least twenty (20) years of contracted service in the Denison Community School District.

4. The employee is not subject to discharge for cause or has not been discharged from employment by the Denison Community School District.

B. Application Requirement:

1. Employees wishing to apply for voluntary early retirement must submit the attached application to the Superintendent with a letter of resignation on or before February 1, 2022. Applications submitted after February 1, 2022, may be considered at the discretion of the Board depending on circumstances for the late application. The Denison Community School Board of Directors reserves the right to limit the number of approved applications for early retirement. If the Board determines that it will be necessary to limit the number of approved applications they will use a process based on the date and time of each individual application for early retirement using the earliest application filed as the starting point and then moving forward chronologically first to last, until the established number to be accepted is reached. The board will have complete discretion to determine the number of applications that will be approved.

2. The employee must retire by June 30th of the same year as the February 1, 2022 date above.

3. Approval of the application for voluntary early retirement constitutes termination of the employee's contract. Non-approval of the application for voluntary early retirement will void the letter of resignation that accompanied the application.

4. The employee must apply for a retirement allowance under the IPERS plan or local pension plan.

5. Approval by the Board of the employee voluntary early retirement application shall constitute a voluntary resignation. Approval by the Board of the application for voluntary early retirement shall also make the employee eligible for early retirement incentives as of July 1 of the same year as the February 1, 2022 date above.

C. Medical Insurance Benefit:

1. Upon voluntary early retirement, the employee shall be eligible to continue participation in the Denison Community School District group insurance plan by meeting the requirements of the insurer.

2. Benefits payable by the District are only payable if consistent with the rules and regulations and/or other requirements of the District insurance company in force at the time of application for coverage. If continued coverage is not permitted by the District insurance carrier, all benefits will cease.

3. An employee who applies for early retirement prior to February 1, 2022 and who is granted early retirement benefits for 2022, shall be entitled to payment of a single premium for health insurance on a progressive schedule based on years of experience within the Denison Community School District. The following table will be used for calculation of benefits. The formula for calculation shall be number of unused sick leave days times the amount allowed per day. This amount shall be applied on a monthly basis toward the coverage of the individual health insurance provided by the District insurance carrier. The maximum accumulation of sick leave days to cap the amount of payment is 125 days.

Years of Experience:

20-24 years - Amount Paid/Unused Sick Leave is $2.00

25-29 years - Amount Paid/Unused Sick Leave is $2.50

30 years or more - Amount Paid/Unused Sick Leave is $3.00

4. The employee will be responsible for arranging a monthly payment schedule for their portion of the medical insurance premium and the cost of the additional premium if they wish to include their dependents. The payment schedule will be arranged with the Denison Community School District business office one month prior to the due date of the school district premium payment to the insurance carrier. In most cases the retiree will have to pay their portion of the group medical insurance premium on an after-tax basis.

5. Nothing herein shall limit the Denison Community School District's ability to change the terms of its existing medical insurance coverage, and this policy in no way guarantees a participating employee any certain level of benefits during the employee participating in the insurance benefits portion of the early retirement plan.

6. This insurance coverage shall cease when the employee/retiree reaches the age for Medicare eligibility, secures other employment in which the employer provides insurance coverage, or dies. If dependent insurance coverage is carried at the time of the employee/retiree sixty-fifth birthday, that coverage may be continued through COBRA (Consolidated Omnibus Budget Reconciliation Act) for a set number of months according the law; or the employee/retiree may apply for the Retiree Comprehensive Medical Insurance and include his/her dependents.

D. Review:

1. The Denison Community School District Board of Directors has complete discretion to offer or not to offer an early retirement plan for employees. The Board may discontinue the school district early retirement plan at any time. 

2. Benefits allowed individuals for a previously approved early retirement application shall continue in effect if the early retirement policy is discontinued by the Denison Community School District Board of Directors.

3. The Denison Board of Directors reserves the right to modify without warning or notice the early retirement plan incentive benefits and maintains the right to change the group insurance carrier and benefits administrator.

4. An employee who elects to participate in the district early retirement program will become a retired employee and will be entitled to all rights and privileges of an employee under applicable law and policies of Denison Community Schools. Employees who elect to participate in the early retirement program shall not be eligible to be rehired in any capacity with the Denison Community School District nor shall the District be required to accept an application for employment from an employee who elects to participate in the early retirement program.

Exception to #4: The District may hire an employee who elects to participate in the early retirement program as a substitute or in dire situations at the discretion of the superintendent.

Date Board Reviewed: 2/21/2022

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

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

                                    1978 Op. Att'y Gen. 247.

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

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

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

Date Board Adopted 11/8/1999

Date Board Reviewed 2/21/2022

Legal Reference:          Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765, 769 (Iowa 1987).

                                    McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).

                                    Iowa Code §§ 20.7, .24 (2013).

The superintendent or superintendent’s delegated subordinate has the authority to suspend or dismiss the services of any support staff employee.  The employee shall have the right to a hearing before the board if the employee so desires.  The employee must request a hearing with the school board in writing to the superintendent within two working days of the suspension or dismissal.

A support staff employee may be dismissed for any reason, including, but not limited to, incompetence, willful neglect of duty, reduction in force, willful violation of board policy or administrative regulations, or a violation of the law.

Date Board Adopted 9/15/1986

Date Board Reviewed 2/21/2022

Legal Reference: Iowa Code §§ 20.7, .24 (2013).

It is the exclusive power of the board to determine when a reduction in classified employees is necessary.  Employees who are terminated due to a reduction in force will be given fifteen (15) days notice.  Due process will be followed for terminations due to a reduction in force.

The superintendent will consider the relative qualifications, skills, ability and demonstrated performance through evaluation procedures in making the reduction in force.

Date Board Adopted 1/21/2008

Date Board Reviewed 2/21/2022

Legal Reference: Iowa Code §§ 20.7, .24 (2013).