401 - Employees - General

401 - Employees - General dawn@iowaschoo… Tue, 09/15/2020 - 12:52

401.1 - Employee Defined

Employees are those individuals who are employed by the school district on an ongoing basis who are not independent contractors. The district may give employees individual contracts or letters of assignment or may not issue any form of written document to employees, as required by law and in the discretion of the district. Any contracts for employment must be signed by the board president

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

Support staff employees or classified are employees who are not administrators or employees in positions which require a 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 employees required to hold a license for their position must present evidence of their current license to the board secretary prior to payment of wages each year.

It is the responsibility of the superintendent to establish job specifications and job descriptions for employees’ positions, other than the position of the superintendent. Job descriptions may be approved by the board.

Approved: July 25, 2018
Reviewed: February 14, 2022
Revised: March 14, 2022

dawn@iowaschoo… Tue, 09/15/2020 - 12:54

401.2 - Employee Qualifications, Recruitment, and Selection

Recruitment and selection of the employees of the district shall be the responsibility of the superintendent. In the discharge of this responsibility, the superintendent may utilize other administrators and/or staff members as is practical and effective.

Selection of employees shall be based on the following qualifications, as well as any other qualifications the superintendent or administrator deems appropriate:

Training, education, experience, and skill
Demonstrated professional competency;
Personality;
General suitability for the position;
The needs of the district.

All professional employees shall be properly licensed as required by statutory enactment and the Iowa Department of Education.

The superintendent shall make a recommendation to the board and the board shall approve any recommendation prior to any individual being employed by the board, except the superintendent may hire teachers without approval of the board. However, the superintendent will have the authority to employ an employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.

Approved: July 25, 2018
Reviewed: February 14, 2022
Revised: March 14, 2022

dawn@iowaschoo… Tue, 09/15/2020 - 12:55

401.3 Limitations to Employment References

The Red Oak Community School 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.

Approved: March 14, 2022
Reviewed: February 14, 2022
Revised:

vanmetert@rosc… Mon, 03/14/2022 - 13:30

401.4 - Employee Leaves and Absences

Employees shall be provided leave as required under federal, state or local law; as specified in board policy; as specified in a collective bargaining unit covering the employee; or as specified in the individual employee’s contract with the district.

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies. Employees may make requests for unpaid leaves of absence. Such requests shall be submitted in writing to the superintendent or designee at least five (5) work days in advance except in cases of emergency, in which case authorization must be requested as soon as possible and in no event more than five (5) work days after the absence. Such requests will be considered individually on their own merits and in accordance with the applicable collective bargaining agreement, if any, and state and federal law.

The superintendent or designee will have complete discretion to grant or deny the requested unpaid leave. In making this determination, the superintendent will consider the effect of the employee’s absence on the education program and school district operations, the financial condition of the school district, length of service, previous record of absence, the reason for the requested absence, and other factors the superintendent believes are relevant in making this determination.

If unpaid leave is granted, the duration of the leave period is coordinated with the scheduling of the education program whenever possible, to minimize the disruption of the education program and school district operations.

Approved: July 25, 2018
Reviewed: February 14, 2022
Revised: March 14, 2022

dawn@iowaschoo… Tue, 09/15/2020 - 12:56

401.5 - Employee Resignation

Licensed Employees

A licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the board for return of the contract. This applies to regular contracts for the licensed employee’s regular duties and for an extracurricular contract for extra duty. Resignations of this nature will be accepted by the board.

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.

Support Staff Employees

Support staff employees who wish to resign during the school year must notify the superintendent in writing of their intent to resign and final date of employment no less than thirty (30) days prior to their last working day.

Approved: July 25, 2018
Reviewed: February 14, 2022
Revised: March 14, 2022

dawn@iowaschoo… Tue, 09/15/2020 - 12:57

401.6 - Employee Contract Release-Licensed Employees

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.

In the event a certified employee (i.e., teacher or administrator) submits a written resignation by November 30, to be effective at the end of the current school year, that employee shall be eligible to receive a $1,250 severance bonus. A certified employee who submits a written resignation by January 15, to be effective at the end of the current school year, shall be eligible to receive a $750 severance bonus. By acceptance of the severance bonus, the employee waives any rights to seek unemployment or other employment claims against the district. The payment of the severance bonus shall occur within thirty (30) days following board approval of the resignation. Once the resignation is approved by the Board, all the employee’s rights will be terminated on the employee’s last contract day of the current school year. Once approved, the employee’s resignation may not be rescinded. This provision may not be applied in conjunction with any other employment separation agreement.

Approved: August 23, 2021
Reviewed: February 14, 2022
Revised: March 14, 2022

dawn@iowaschoo… Tue, 09/15/2020 - 12:58

401.7 - Employment Retirement

Employees who will complete their current contract with the board may apply for retirement. No employee will be required to retire at a specific age.

Application for retirement will be considered made when the employee states in writing to the superintendent, no later than the date set by the board for the return of the employee’s contract to the board, if applicable, the intent of the employee to retire. The letter must state the employee’s desire to retire and be witnessed by another party other than the principal or the superintendent. Applications made after the date set by the board for the return of the employee’s contract to the board, if applicable, may be considered by the board if special circumstances exist. It is within the discretion of the board to determine whether special circumstances exist.

Board action to approve a licensed employee’s application for retirement is final, and such action constitutes nonrenewal and/or termination of the employee’s contract effective the day of the employee’s retirement.

Licensed employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.

Employees and their spouse and dependents who have group insurance coverage through the school district may be allowed to continue coverage of the school district’s group health insurance program, at their own expense, by meeting the requirements of the insurer.

Approved: July 25, 2018
Reviewed: February 14, 2022
Revised: March 14, 2022

dawn@iowaschoo… Tue, 09/15/2020 - 12:58

401.6R1 - Licensed Employee Early Retirement Plan

I. Eligibility for Early Retirement Plan

The school district offers an Early Retirement Plan for full-time licensed employees. Full-time licensed employees are licensed employees who are eligible for full insurance coverage under the requirements of the insurer and who are currently performing their assigned duties within the school district. A licensed employee is eligible to participate in the Early Retirement Plan under the following terms:

A. The number of applications for the Early Retirement Plan will be limited to no more than five (5) for a given fiscal year, unless the Board chooses to allow more than five(5).

B. The Early Retirement Plan will be available to a licensed employee who is fifty-five (55) years of age by the start of the next school year.

C. The Early Retirement Plan will be available to those who have completed their most recent ten (10) consecutive years of service in the Red Oak Community School District.

D. The employee shall submit an application for the plan on or before January 15 of the current school year, at the Board’s discretion.

E. The employee shall submit a written resignation resigning from the existing contract. The resignation may be contingent upon approval by the board of participation in the
voluntary early retirement program.

F. All applications for the Early Retirement Plan will be considered not later than the second regular Board meeting in January, and if more than the designated number allowed
in Section A are received, the highest priority will be given to the teachers with the longest continuous teaching service in the District.

G. An employee who meets the criteria in item “B”, but who has not completed a minimum of ten (10) consecutive years of service to the school district may apply for a
prorated early retirement amount. Approval of such application by the board will be based on the best interests of the school district, and if a prorated amount is approved,
the amount will be based on completed consecutive years of service at the time of the application for the Early Retirement Plan.

H. The application for the Early Retirement Plan and the resignation must be approved by the board, which will authorize disbursement of the early retirement amount.

I. Approval by the board of the licensed employee’s early retirement application shall constitute a voluntary resignation. Approval by the board of the licensed employee’s
early retirement application will also make the licensed employee eligible for disbursement of the early retirement amount on January 20 of the school year following the
licensed employee’s approval for early retirement. Failure of the board to approve the licensed employee’s early retirement application will make the licensed employee’s
current contract with the board continue in full force and effect.

II. Voluntary Early Retirement Amount and Terms:

A. An employee who meets one of the eligibility requirements will be eligible for the early retirement amount of $15,000, plus an amount equal to 25% of the employee’s
accumulated sick leave times the current daily substitute teacher pay rate. An employee whose contractual full-time equivalency (FTE) is less than 1.00 will be eligible for a
prorated early retirement amount by multiplying the employee’s FTE by the applicable amount above.

B. An employee agrees to participate in the “Special Pay Plan”. This plan allows payment of the early retirement amount to be paid to a Tax Shelter Annuity of the employee’s
choice. This Tax Shelter Annuity must be with a company that participates in the State of Iowa Plan. If the employee is currently contributing to a Tax Shelter Annuity the
payment will be made to the same company. The employee agrees not to close out this account before the January payment is made.

C. Upon retirement, the licensed employee is eligible to continue participation in the school district’s group insurance plan at the licensed employee’s expense by meeting the
requirements of the insurer. The employee/retiree must pay the monthly premium amount in full to the board secretary prior to the due date of the school district’s premium
payment to the insurance carrier.

  This insurance coverage will cease when the licensed employee/retiree qualifies for Medicare coverage, secures other employment in which the employer provides
  insurance coverage, or dies. If dependent insurance coverage is carried, that coverage may continue at the dependent’s expense beyond the employee’s/retiree’s
  qualification for Medicare coverage under COBRA provisions.

  In the event of the death of the employee/retiree, the dependent of the employee/retiree may continue coverage in the school district’s group health insurance program at
  his/her own expense under COBRA provisions, if the dependent was covered through the school district’s group health insurance program prior to the death of the
  employee/retiree.

D. An employee who elects to participate in this program will become a retired employee and will be entitled to all rights and privileges of such a retiree under applicable laws
and policies of the school district.

E. Beneficiary. In the event of the death of the employee prior to the early retirement amount being paid, payment will be as follows:

Lump sum payment will be made to a designated beneficiary for the early retirement amount due to the employee on January 20 of the school year following the licensed employee’s approval for early retirement.
In the event no beneficiary is named, payment shall be made to the estate of the employee on January 10 following the licensed employee’s approval for early retirement.

The board has complete discretion to offer or not to offer an Early Retirement Plan for licensed employees and will review this policy annually. The board may discontinue the school district’s Early Retirement Plan at any time.

dawn@iowaschoo… Tue, 09/15/2020 - 13:00

401.6R2 - Support Staff Employee Early Retirement

I. Eligibility for Early Retirement Plan

The school district offers an Early Retirement Plan for full-time support staff employees. Full-time support staff employees are support staff employees who are eligible for full insurance coverage under the requirements of the insurer and who are currently performing their assigned duties within the school district. A support staff employee is eligible to participate in the Early Retirement Plan under the following terms:

A. The number of applications for the Early Retirement Plan will be limited to no more than five (5) for a given fiscal year, unless the Board chooses to allow more than five (5).

B. The Early Retirement Plan will be available to a support staff employee who is fifty-five (55) years of age by the start of the next school year.

C. The Early Retirement Plan will be available to those who have completed their most recent ten (10) consecutive years of service in the Red Oak Community School District.

D. The employee shall submit an application for the plan on or before January 30 of the current school year, at the Board’s discretion.

F. All applications for the Early Retirement Plan will be considered not later than the first regular board meeting in February, and if more than the designated number allowed in
Section A are received, the highest priority will be given to the employees with the longest continuous years of service in the District.

H. The application for the Early Retirement Plan and the resignation must be approved by the board, which will authorize disbursement of the early retirement amount.

I. Approval by the board of the support staff employee's early retirement application shall constitute a voluntary resignation. Approval by the board of the support staff
employee's early retirement application will also make the support staff employee eligible for disbursement of the early retirement amount on January 10 of the school year
following the support staff employee’s approval for early retirement. Failure of the board to approve the support staff employee's early retirement application will make the
support staff employee's current contract with the board continue in full force and effect.

II. Voluntary Early Retirement Amount and Terms:

A. A support staff employee who meets one of the eligibility requirements as stated in the policy will be eligible for the early retirement amount of approximately 45% of the
beginning base pay for their job classification plus an amount equal to 25% of the employee’s accumulated sick leave times the current daily substitute pay rate for that
position. An employee whose contractual full-time equivalency (FTE) is less than 1.00 will be eligible for a prorated early retirement amount by multiplying the employee’s
FTE by the applicable amount above.

C. Upon retirement, the support staff employee is eligible to continue participation in the school district's group insurance plan at the support staff employee's expense by
meeting the requirements of the insurer. The employee/retiree must pay the monthly premium amount in full to the board secretary prior to the due date of the school
district's premium payment to the insurance carrier.

This insurance coverage will cease when the support staff employee/retiree qualifies for Medicare coverage, secures other employment in which the employer provides
insurance coverage, or dies. If dependent insurance coverage is carried, that coverage may continue at the dependent’s expense beyond the employee's/retiree's
qualification for Medicare coverage under COBRA provisions.

In the event of the death of the employee/retiree, the dependent of the employee/retiree may continue coverage in the school district's group health insurance program at
his/her own expense under COBRA provisions, if the dependent was covered through the school district's group health insurance program prior to the death of the
employee/retiree.

E. Beneficiary. In the event of the death of the employee prior to the early retirement amount being paid, payment will be as follows:

Lump sum payment will be made to a designated beneficiary for the early retirement amount due to the employee on January 10 of the school year following the support staff employee’s approval for early retirement.
In the event no beneficiary is named, payment shall be made to the estate of the employee on January 10 following the support staff employee’s approval for early retirement.

The board has complete discretion to offer or not to offer an Early Retirement Plan for support staff employees and will review this policy annually. The board may discontinue the school district's Early Retirement Plan at any time.

dawn@iowaschoo… Tue, 09/15/2020 - 13:13

401.6E1 - Licensed Employee Early Retirement Plan Acknowledgment of Receipt

The undersigned licensed employee acknowledges receipt of the Early Retirement Plan documents stated below, for the licensed employee’s consideration:

early retirement policy (plan description);
early retirement application.

The undersigned licensed employee acknowledges that the application and participation in the Early Retirement Plan is entirely voluntary.

The undersigned licensed employee acknowledges that the school district recommends the licensed employee contact legal counsel and the employee’s personal accountant regarding participation in the Early Retirement Plan.

______________________________________________________________ _______________________________
Licensed Employee Date

dawn@iowaschoo… Tue, 09/15/2020 - 13:20

401.6E2 - Licensed Employee Early Retirement Plan Insurance Options

Board policy allows the employee to continue to participate in the school district’s group health insurance plan until age 65 by meeting the requirements of the insurer.

The licensed employee is responsible for the cost of the health insurance premium. The licensed employee must pay the employee’s share of the premium by paying the monthly premium amount in full to the board secretary prior to the due date of the school district’s premium payment to the insurance carrier.

________ I would like to remain on the school’s health insurance policy. I will submit a check to the Central Office the first of each month. Failure to submit this check will result in loss of insurance coverage.

Plan selected: ___________________________________________________________________

________ I wish NOT to remain on the school’s health insurance policy when I am no longer an ACTIVE employee. (after all pay is received) COBRA option has been explained to me.

________I would like to remain on the school’s dental insurance policy. I will submit a check to the Central Office the first of each month. Failure to submit this check will result in loss of dental insurance coverage. Plan selected: __________________________________________________________

________I wish NOT to remain on the school’s dental insurance policy when I am no longer an ACTIVE employee. (after all pay is received) COBRA option has been explained to me.

________I wish to receive all remaining pay for the _______ school year on June 10, 20__. (Recommend you contact IPERS to discuss, if it is better for you to take all payment in June or to continue to receive checks during July and August. This varies from person to person) If the employee participates in the TaxSaver Plan, the July and August monthly amounts will be deducted from the June 10, 20__ paycheck.

______________________________________________________________ _______________________________
Licensed Employee Date

dawn@iowaschoo… Tue, 09/15/2020 - 13:21

401.6E3 - Licensed Employee Early Retirement Plan Application

The undersigned licensed employee is applying for early retirement pursuant to board policy. Please complete the following information:

______________________________________________________________ _______________________________
(Full Legal Name of Licensed Employee) (Social Security Number)

_______________________________________________________ _________________________ __________________________
(Current Job TItle) (Date of Birth) (Years of Consecutive Service)

Please attach a letter of resignation effective at the end of the current contract year.

The undersigned licensed employee acknowledges that application and participation in the Early Retirement Plan is entirely voluntary.

The undersigned licensed employee acknowledges that the early retirement amount will be paid on January 10 of the school year following the licensed employee’s approval for early retirement.

The undersigned licensed employee acknowledges that the school district recommends that the licensed employee contact legal counsel and the employee’s own personal accountant regarding participation in the Early Retirement Plan.

Should the licensed employee die prior to full payment of an early retirement amount, the licensed employee designates either the following individual as beneficiary or the licensed employee’s estate.

__________ Beneficiary __________ Estate

____________________________________________________________________________________________________
Beneficiary

____________________________________________________________________________________________________
Beneficiary Address

______________________________________________________________ _______________________________
Licensed Employee Date

______________________________________________________________ _______________________________
Witness Date

dawn@iowaschoo… Tue, 09/15/2020 - 13:24

401.8 - Employee Suspension

Employees will perform their assigned job, respect and follow board policy, and obey the law. The superintendent is authorized to suspend an employee pending board action on a discharge, for investigation of charges against the employee, for reasons related to staff and student safety, and for disciplinary purposes. In the event of a suspension, appropriate due process will be followed. It is within the discretion of the superintendent to suspend an employee with or without pay.

Approved: July 25, 2018
Reviewed: February 14, 2022
Revised: March 14, 2022

dawn@iowaschoo… Tue, 09/15/2020 - 13:25

401.9 - Employee Dismissal

The superintendent or designee has authority to suspend the services of any employee, as permitted under law. The superintendent or designee shall make a recommendation to the board regarding the employee’s employment with the district. The board shall take action whether or not to terminate the employee’s employment with the district, as required and/or permitted under law.

The superintendent, the superintendent’s designee and the board shall follow all applicable procedures and provide appropriate due process as required under the law and/or as required in a negotiated labor contract, if any.

Approved: July 25, 2018
Reviewed: February 14, 2022
Revised: March 14, 2022

dawn@iowaschoo… Tue, 09/15/2020 - 13:27

401.10 Employee Expression

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.

Approved: February 14, 2022
Reviewed:
Revised:

vanmetert@rosc… Mon, 03/14/2022 - 13:39