405 Licensed Employees - General

405.1 Licensed Employee Defined

LICENSED EMPLOYEE DEFINED

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 shall be the responsibility of the superintendent to establish job specifications and job descriptions for licensed employees' positions, other than the position of the superintendent.  Job descriptions should be approved by the Board.

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

 

Legal Reference:         Clay v. Independent School District of Cedar Falls, 187 Iowa

                                  89, 174 N.W. 47 (1919).

                                  Iowa Code §§ 256.7(3); 272.6; 272A; 279.8; 294.1 (1995).

                                  282 I.A.C. 14.

                                  281 I.A.C. 12.4; 41.25.

                                  1940 Op. Att'y Gen. 375.

 

Cross Reference:        405.2  Licensed Employee Qualifications, Recruitment

                                             Selection

                                  410.1  Substitute Teachers

                                  411.1  Classified Employee Defined

 

Approved:    2/10/97                              Reviewed:    2/99

                                                                                   1/02

                                                                                    5/06

                                                                                    4/11

                                                                                     2/14

 

405.2 Licensed Employee Qualifications, Recruitment, Selection

LICENSED EMPLOYEE QUALIFICATIONS, RECRUITMENT, SELECTION

Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," shall have an opportunity to apply and qualify for licensed positions in the school district without regard to age, race, creed, color, sex, national origin, religion or disability.  Job applicants for licensed positions shall 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.

Announcement of the position shall be in a manner which the superintendent believes will inform potential applicants about the position.  Applications for employment may be obtained from and completed applications shall be returned to the school district administrative office.  Whenever possible, the preliminary screening of applicants shall be conducted by the administrator who will be directly supervising and overseeing the person being hired.

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

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the Board regarding qualifications, recruitment and selections of such employees shall be followed.

 

Legal Reference:         29 U.S.C. §§ 621-634 (1988).

                                  42 U.S.C. §§ 2000e et seq. (1988).

                                  42 U.S.C. §§ 12101 et seq. (Supp. 1990).

                                  Iowa Code §§ 20; 35C; 216; 294.1 (1995).

                                  281 I.A.C. 12.

                                  282 I.A.C. 14.

                                  1980 Op. Att'y Gen. 367.

 

Cross Reference:        401.1  Equal Employment Opportunity

                                  405     Licensed Employees - General

                                  410.1  Substitute Teachers

 

Approved    2/10/97                               Reviewed:    2/99

                                                                                  1/02

                                                                                  5/06

                                                                                   4/11

                                                                                    2/14

 

405.4 Licensed Employee Continuing Contracts

 

                                                                       LICENSED EMPLOYEE CONTINUING CONTRACTS

Contracts entered into with licensed employees, other than an administrator, will continue from year to year, except as modified or terminated as provided by law.  The board may issue temporary and nonrenewable contracts in accordance with law.

Licensed employees whose contracts will be recommended for termination by the board will receive due process as required by law.  The superintendent will make a recommendation to the board for the termination of the licensed employee’s contract.

Licensed employees who wish to resign, to be released from a contract, or to retire must comply with applicable law and Board policies.

 

Legal Reference:         Ar-We-Va Community School District v. Long and Henkenius, 292 N.W.2d 402 (Iowa 1980).

                                  Bruton v. Ames Community School District, 291 N.W.2d 351 (Iowa 1980).

                                  Hartman v. Merged Area VI Community College, 270 N.W.2d 822 (Iowa 1978).

                                  Keith v. Community School District of Wilton in the Counties of Cedar and Muscatine, 262 N.W.2d 249 (Iowa 1978).

                                  Iowa Code §§ 20; 272; 279.12-.19B, .27; 294.1 (1998).

 

 

Cross Reference:        405.3  Licensed Employee Individual Contracts

                                  405.9  Licensed Employee Probationary Status

                                  407     Licensed Employee Termination of Employment

 

 

Approved:    2/10/97                              Revised:    2/99                             Reviewed:  1/02   

                                                                             5/06                                                4/11

                                                                                  1/18                                                   2/13

 

 

405.6 Licensed Employee Assignment

LICENSED EMPLOYEE ASSIGNMENT

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

It shall be the responsibility of the superintendent to make recommendations to the Board regarding the assignment of licensed employees.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the Board regarding assignment of such employees shall be followed.

 

 

Legal Reference:         Iowa Code §§ 20.9; 279.8 (1995).

 

Cross Reference:        200.2  Powers of the Board of Directors

 

Approved:    2/10/97                              Reviewed:    3/99                            

                                                                                    1/02

                                                                                    5/06

                                                                                     4/11

                                                                                     2/14

405.8 Licensed Employee Evaluation

LICENSED EMPLOYEE EVALUATION

Evaluation of licensed employees on their skills, abilities, and competence is an ongoing process supervised by the building principals and conducted by approved evaluators.  The goal of the formal evaluation of licensed employees, other than administrators, but including extracurricular employees, is to improve the education program, to maintain licensed employees who meet or exceed the board's standards of performance, to clarify the licensed employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.

The formal evaluation criteria are in writing and approved by the board.  The formal evaluation will provide an opportunity for the evaluator and the licensed employee to discuss performance and future areas of growth.  The formal evaluation is completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file.  This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence. 

Licensed employees will be required to:

  • Demonstrate the ability to enhance academic performance and support for and implementation of the school district’s student achievement goals.
  • Demonstrate competency in content knowledge appropriate to the teaching position.
  • Demonstrate competency in planning and preparation for instruction.
  • Use strategies to deliver instruction that meets the multiple learning needs of students.
  • Use a variety of methods to monitor student learning.
  • Demonstrate competence in classroom management.
  • Engage in professional growth.
  • Fulfill professional responsibilities established by the school district.

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

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

Legal Reference:          Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).

                                    Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).

                                    Iowa Code §§ 20.9; 279.14, .19, .27 (2007).

                                   281 I.A.C. Ch 83; 12.3(4).

 

Cross Reference:         405.2   Licensed Employee Qualifications, Recruitment, Selection

                                    405.9   Licensed Employee Probationary Status

 

Approved:  4/11                                  Reviewed: 2/14                                    Revised                   

 

405.9 Licensed Employee Probationary Status

LICENSED EMPLOYEE PROBATIONARY STATUS

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

Only the Board, in its discretion, may waive the probationary period.  The Board may extend the probationary period for one additional year with the consent of the licensed employee.  The Board will make the decision to extend or waive a licensed employee's probationary status based upon the superintendent's recommendation.  During this probationary period the Board may terminate the licensed employee's contract at year-end without cause or immediately discharge the employee consistent with applicable law and board policies.

 

 

 

 

 

 

 

Legal Reference:         Iowa Code §§ 279.12-.19B (1995).

Cross Reference:        405.4  Licensed Employee Continuing Contracts

                                  405.8  Licensed Employee Evaluation

 

 

 

Approved:    2/10/97                              Revised:    12/98                                           Reviewed:    5/06

                                                                               1/02                                                               4/11

                                                                               5/06                                                                  2/14

                                                                                 1/18