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. Job descriptions may be approved by the board.
Licensed employees must present evidence of current license to the board secretary prior to payment of salary each year.
Legal Reference: Clay v. Independent School District of Cedar Falls, 187 Iowa 89, 174 N.W. 47
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.
Cross Reference: 405.2 Licensed Employee Qualifications, Recruitment Selection
410.1 Substitute Teachers
411.1 Classified Employee Defined
Approved July 2000 Reviewed November 2020 Revised
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 without regard to age, race, creed, color, sex, national origin, religion, sexual orientation, gender identity or disability. 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.
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.
Cross Reference: 401.1 Equal Employment Opportunity
405 Licensed Employees - General
410.1 Substitute Teachers
Approved July 2000 Reviewed November 2020 Revised October 2018
The board will enter into a written contract with licensed employees, other than administrators, employed on a regular basis. Each contract will be for a period of one year.
It is the responsibility of the superintendent to complete the contracts for licensed employees and present them to the board for approval. The contracts, after being signed by the board president, are returned to the superintendent. The superintendent will obtain the employee's signature. After being signed, the contract is filed with the board secretary.
Legal Reference: Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).
Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 467 (1927).
Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).
Iowa Code chs. 20; 279
Cross Reference: 405.2 Licensed Employee Qualifications, Recruitment, Selection
405.4 Licensed Employee Continuing Contracts
407 Licensed Employee Termination of Employment
Approved July 2000 Reviewed November 2020 Revised
Contracts entered into with licensed employees, other than an administrator, will continue from year to year except as modified or terminated 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
Cross Reference: 405.3 Licensed Employee Individual Contracts
405.9 Licensed Employee Probationary Status
407 Licensed Employee Termination of Employment
Approved July 2000 Reviewed November 2020 Revised March 19, 2018
The work day for licensed employees will begin each day of the school year at a time established by the superintendent. Licensed employees who are employed only during the academic year will have the same work day as other licensed employees. "Day" is defined as one work day regardless of full-time or part-time status of an employee.
Licensed employees are to be in their assigned school building during the work day. If a licensed emloyee needs to leave the building, sign out in the office.
The building principal is authorized to make changes in the work day in order to facilitate the education program. These changes are reported to the superintendent.
The work day outlined in this policy is a minimum work day. Nothing in this policy prohibits licensed employees from working additional hours outside the work day.
Legal Reference: Iowa Code §§ 20; 279.8
Cross Reference: 200.2 Powers of the Board of Directors
Approved July 2000 Reviewed November 2020 Revised October 2018
Determining the assignment of each licensed employee is the responsibility of and within the sole discretion of the board. In making such assignments the board will consider the qualifications of each licensed employee and the needs of the school district.
It is the responsibility of the superintendent to make recommendations to the board regarding the assignment of licensed employees.
Legal Reference: Iowa Code §§ 20.9; 279.8
Cross Reference: 200.2 Powers of the Board of Directors
Approved July 2000 Reviewed November 2020 Revised October 2018
Determining the location where an employee's assignment will be carried out is the responsibility and within the sole discretion of the board. In making such assignments the board will consider the qualifications of each licensed employee and the needs of the school district. The employee handbook should be referenced.
A transfer may be initiated by the employee, the principal, or the superintendent.
It is the responsibility of the superintendent to make recommendations to the board regarding the transfer of licensed employees.
Legal Reference: Iowa Code §§ 20.9; 216.14; 279.8
Cross Reference: 405.2 Licensed Employee Qualifications, Recruitment, Selection
405.6 Licensed Employee Assignment
Approved July 2000 Reviewed November 2020 Revised October 2018
Evaluation of licensed employees on their skills, abilities, and competence is an ongoing process supervised by the building principals and conducted by approved evaluators. The goal of the formal evaluation of licensed employees, other than administrators, but including extracurricular employees, is to improve the education program, to maintain licensed employees who meet or exceed the board's standards of performance, to clarify the licensed employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.
The formal evaluation criteria is in writing and approved by the board. The formal evaluation will provide an opportunity for the evaluator and the licensed employee to discuss performance and the future areas of growth. The formal evaluation is completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file. This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence.
Licensed employees will be required to:
• Demonstrate the ability to enhance academic performance and support for and implementation of the school district’s student achievement goals.
• Demonstrate competency in content knowledge appropriate to the teaching position.
• Demonstrate competency in planning and preparation for instruction.
• Use strategies to deliver instruction that meets the multiple learning needs of students.
• Use a variety of methods to monitor student learning.
• Demonstrate competence in classroom management.
• Engage in professional growth.
• Fulfill professional responsibilities established by the school district.
It is the responsibility of the superintendent to ensure licensed employees are evaluated. New and probationary licensed employees are evaluated at least twice each year.
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; ch.294
281 I.A.C. Ch 83; 12.3(3)
Cross Reference: 405.2 Licensed Employee Qualifications, Recruitment, Selection
405.9 Licensed Employee Probationary Status
Approved July 2000 Reviewed November 2020 Revised October 2018
The first three years of a new licensed employee's contract is a probationary period unless the employee has already successfully completed the probationary period in an Iowa school district. New employees who have successfully completed a probationary period in a previous Iowa school district will serve a one year probationary period. For purposes of this policy, an employee will have met the requirements for successfully completing a probationary period in another Iowa school district if, at the teacher’s most recent performance evaluation, the teacher received at least a satisfactory or better evaluation and the individual has not engaged in conduct which would disqualify the teacher for a continuing contract.
Only the board, in its discretion, may waive the probationary period. The board may extend the probationary period for one additional year with the consent of the licensed employee. The board will make the decision to extend or waive a licensed employee's probationary status based upon the superintendent's recommendation. During this probationary period the board may terminate the licensed employee's contract at the end of the year without cause or immediately discharge the employee consistent with applicable law and board policies.
Legal Reference: Iowa Code §§ 279.12-.19B
Cross Reference: 405.4 Licensed Employee Continuing Contracts
405.8 Licensed Employee Evaluation
Approved July 2000 Reviewed November 2020 Revised March 19, 2018
Licensed employees who qualify may join a professionall education association and participate in its activities as long as the participation does not, in any way, interfere with the delivery of and the provision of the education program and school district operations.
The superintendent shall have sole discretion to determine whether association activities interfere with the education program and school district operations. Association members must follow the board policy on public use of school property.
The board shall not interfere with the rights of an employee to organize or form, join or assist any employee organization.
Legal Reference:
Iowa Code §§ 20.1, .8, .10; 279.8
Cross Reference:
408 Licensed Employee Professional Growth
Approved July 2000 Reviewed July 2016 Revised November 2020