401 - Licensed Personnel

401.1 - Code of Professional Conduct and Ethics

Chapter 25

282 - 25.1(272) Scope of Standards:
This code of professional conduct and ethics constitutes mandatory minimum standards of practice for all licensed practitioners as defined in Iowa Code, Chapter 272. The adherence to certain professional and ethical standards is essential to maintaining the integrity of the education profession.

282 - 25.2(272) Definitions:  (Except where otherwise specifically defined by law)

  1. "Administrative and Supervisory Personnel" means any licensed employee such as superintendent, associate superintendent, assistant superintendent, principal, associate principal, assistant principal, or other person who does not have as a primary duty the instruction of pupils in the schools.
  2. "Board" means the Iowa Board of Educational Examiners (BOEE).
  3. "Discipline" means the process of sanctioning a license, certificate, or authorization issued by the board.
  4. "Ethics" means a set of principles governing the conduct of all persons governed by these rules.
  5. "Fraud" means knowingly providing false information or representations on an application for licensure or employment, or knowingly providing false information or representations made in connection with the discharge of duties.
  6. "License" means any license, certificate, or authorization granted by the board.
  7. "Licensee" means any person holding a license, certificate, or authorization granted by the board.
  8. "Practitioner" means an administrator, teacher, or other licensed professional, including an individual who holds a statement of professional recognition, who provides educational assistance to students.
  9. "Responsibility" means a duty for which a person is accountable by virtue of licensure. 
  10. "Right" means a power, privilege, or immunity secured to a person by law. 
  11. "Student" means a person, regardless of age, enrolled in a pre-kindergarten through grade 12 school, who is receiving direct or indirect assistance from a person licensed by the board.
  12. "Teacher" means any person engaged in the instructional program for pre-kindergarten through grade 12 students, including a person engaged in teaching, administration, and supervision, and who is required by law to be licensed for the position held. [ARC 7979B, IAB 7/29/09, effective 9/2/09].

282 - 25.3(272) Standards of Professional Conduct and Ethics:
Licensees are required to abide by all federal, state, and local laws applicable to the fulfillment of professional obligations. Violation of federal, state, or local laws in the fulfillment of professional obligations constitutes unprofessional and unethical conduct which can result in disciplinary action by the board. In addition, it is hereby deemed unprofessional and unethical for any licensee to violate any of the following standards of professional conduct and ethics:

25.3(1) Standard I: Conviction of crimes, sexual or other immoral conduct with or toward a student, and/or child and dependent adult abuse. Violation of this standard includes:

  1. Fraud: Means the same as defined in Rule 282 - 25.2(272).
  2. Criminal Convictions: The commission of or conviction for a criminal offense as defined by Iowa law provided that the offense is relevant to or affects teaching or administrative performance.
    1. Disqualifying Criminal Convictions. The board will deny an application for licensure and will revoke a previously issued license if the applicant or licensee has, on or after July 1, 2002, been convicted of, has pled guilty to, or has been found guilty of the following criminal offenses regardless of whether the judgment of conviction or sentence was deferred:
      1. Any of the following forcible felonies included in Iowa Code section 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping;
      2. Any of the following criminal, sexual offenses as provided in Iowa Code chapter 709 involving a child:
        • First-, second-, or third-degree sexual abuse committed on or with a person who is under the age of 18;
        • Lascivious acts with a child;
        • Assault with intent to commit sexual abuse;
        • Indecent contact with a child;
        • Sexual exploitation by a counselor;
        • Lascivious conduct with a minor;
        • Sexual exploitation by a school employee;
        • Enticing a mind under Iowa Code section 710.10; or
        • Human trafficking under Iowa Code section 710A.2;
      3. Incest involving a child as prohibited by Iowa Code section 726.2;
      4. Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code Section 728.2;
      5. Telephone dissemination of obscene material to minors as prohibited by Iowa Code section 728.15;
      6. Any offense specified in the laws of another jurisdiction or any offense that may be prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in subparagraph 25.3(1)”b”(1); or
      7. Any offense under prior laws of this state or another jurisdiction or any offense under prior law that was prosecuted in a federal, military, or foreign court that is comparable to an offense listed in subparagraph 25.3(1)”b”(1).
    2. Other criminal convictions and founded child abuse. In determining whether a person should be denied a license or whether a licensee should be disciplined based upon any other criminal conviction including a conviction for an offense listed in 25.3(1)”b”(1) which occurred before July 1, 2002 or a founded report of abuse of a child, the board shall consider:
      1. The nature and seriousness of the crime or founded abuse in relation to the position sought;
      2. The time elapsed since the crime or founded abuse was committed;
      3. The degree of rehabilitation which has taken place since the crime or founded abuse was committed;
      4. The likelihood that the person will commit the same crime or abuse again;
      5. The number of criminal convictions or founded abuses committed; and
      6. Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.
  3. Sexual Involvement or Indecent Contact with a Student. Includes but is not limited to the following acts, whether consensual or nonconsensual: fondling or touching the inner thigh, groin, buttocks, anus, or breasts of a student; permitting or causing to fondle or touch the practitioner’s inner thigh, groin, buttocks, anus, or breasts; or the commission of any sex act as defined in Iowa Code section 702.17.
  4. Sexual Exploitation of a Minor. The commission of or any conviction for an offense prohibited by Iowa Code section 728.12, Iowa Code chapter 709, or 18 USC Section 2252A(a)(5)(B).
  5. Student Abuse. Licensees will maintain professional relationships with all students both inside and outside the classroom. The following acts or behaviors constitute unethical conduct without regard to the existence of a criminal charge or conviction:
    1. Committing any act of physical abuse of a student;
    2. Committing any act of dependent adult abuse on a dependent adult student;
    3. Committing or soliciting any sexual or otherwise indecent act with a student or any minor;
    4. Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student;
    5. Furnishing alcohol or illegal or unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal or unauthorized drugs in the presence of the licensee;
    6. Failing to report any suspected act of child or dependent adult abuse as required by state law; or
    7. Committing or soliciting any sexual conduct as defined in Iowa Code section 709.15(3)”b” or soliciting, encouraging, or consummating a romantic relationship with any person who was a student within 90 days prior to any conduct alleged in the complaint, if that person was taught by the practitioner or was supervised by the practitioner in any school activity when that person was a student.

25.3(2) Standard II: Alcohol or Drug Abuse. Violation of this standard includes:

  1. Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming illegal or unauthorized drugs or abusing legal drugs.
  2. Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming alcohol.

25.3(3) Standard III: Misrepresentation/Falsification of Information. Violation of this standard includes:

  1. Falsifying or deliberately misrepresenting or omitting material information regarding professional qualifications, criminal history, college credits, staff development credits, degrees, academic awards, or employment history when applying for employment or licensure.
  2. Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.
  3. Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.
  4. Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282-Chapter 20.
  5. Falsifying or deliberately misrepresenting or omitting material information regarding the evaluation of students or personnel including improper administration of any standardized tests including, but not limited to, changing test answers, providing test answers, copying or teaching identified test items, or using inappropriate accommodations or modifications for such tests.

25.3(4) Standard IV: Misuse of Public Funds and Property. Violation of this standard includes:

  1. Failing to account properly for funds collected that were entrusted to the practitioner in an educational context.
  2. Converting public property or funds to the personal use of the practitioner.
  3. Submitting fraudulent requests for reimbursement of expenses or for pay.
  4. Combining public or school-related funds with personal funds.
  5. Failing to use time or funds granted for the purpose for which they were intended.

25.3(5) Standard V: Violations of Contractual Obligations. Violation of this standard includes:

  1. Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract, unless the practitioner provided notice to the practitioner’s employing board as set forth in subparagraph 25.3(5)”b”(2).
  2. Abandoning a written professional employment contract without prior unconditional release by the employer.
  3. As an employer, executing a written professional employment contract with a practitioner which requires the performance of duties that the practitioner is not legally qualified to perform.
  4. As a practitioner, executing a written professional employment contract which requires the performance of duties that the practitioner is not legally qualified to perform.
    1. In addressing complaints based upon contractual obligations, the board will consider factors beyond the practitioner's control. For purposed of enforcement of this standard, a practitioner will not be found to have abandoned an existing contract if:
      1. The practitioner obtained a release from the employing board before discontinuing services under the contract; or
      2. The practitioner provided notice to the employing board no later than the latest of the following dates:
        • The practitioner's last workday of the school year;
        • The date set for return of the contract as specified in statue; or
        • June 30th.

25.3(6) Standard VI: Unethical Practice Toward Other Members of the Profession, Parents, Students, and the Community. Violation of this standard includes:

  1. Denying the student, without just cause, access to varying points of view.
  2. Deliberately suppressing or distorting subject matter for which the educator bears responsibility.
  3. Failing to make reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.
  4. Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.
  5. Engaging in any act of illegal discrimination or otherwise denying a student or practitioner participation in the benefits of any program on the grounds of race, creed, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, socioeconomic status, or national origin.
  6. Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage.
  7. Accepting gifts from vendors or potential vendors where there may be the appearance of or an actual conflict of interest.
  8. Intentionally disclosing confidential information including but not limited to unauthorized sharing of information concerning student academic or disciplinary records, health and medical information, assessment or testing results, or family income. Licensees will comply with state and federal laws and local school board policies relating to the confidentiality of student records unless disclosure is required or permitted by law.
  9. Refusing to participate in a professional inquiry when requested by the board.
  10. Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.
  11. Failing to self-report to the board within 60 days any founded child abuse report or any conviction for a criminal offense listed in 25.3(1)”b”(1) which requires revocation of the practitioner’s license.
  12. Delegating tasks to unqualified personnel.
  13. Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations.
  14. Allowing another person to use one’s practitioner license for any purpose.
  15. Performing services beyond the authorized scope of practice for which the individual is licensed or prepared or performing services without holding a valid license.
  16. Falsifying, forging, or altering a license issued by the board.
  17. Failure of the practitioner holding a contract under Iowa Code section 279.13 to disclose to the school official responsible for determining assignments a teaching assignment for which the practitioner is not properly licensed.
  18. Failure of a school official responsible for assigning licensed practitioners holding contracts under Iowa Code section 279.13 to adjust an assignment if the practitioner discloses to the official that the practitioner is not properly licensed for an assignment.
  19. Failure of an administrator to protect the safety of staff and students.
  20. Failure of an administrator to meet mandatory reporter obligations.
  21. Refusal of the practitioner to implement provisions of an Individualized Education Plan (IEP) or Behavioral Intervention Plan (BIP).
  22. Habitual nonparticipation in professional development by the practitioner.

25.3(7) Standard VII: Compliance with State Law Regarding Obligations to State or Local Governments, Child Support Obligations, and Board Orders. Violations of this standard includes:

  1. Failing to comply with 282-Chapter 8 concerning payment of debts to state or local governments.
  2. Failing to comply with 282-Chapter 10 concerning child support obligations.
  3. Failing to comply with a board order.

25.3(8) Standard VIII: Incompetence. Violation of this standard includes but is not limited to:

  1. Willfully or repeatedly departing from or failing to conform to the minimum standards of acceptable and prevailing educational practice in the State of Iowa.
  2. Willfully or repeatedly failing to practice with reasonable skill and safety.

Adopted: 4/16
Reviewed: 4/20
Revised: 9/16; 12/19; 4/23
Legal Reference (Code of Iowa): 279.8; 282 IAC 13
IASB Reference: 404.R(1)

401.2 - Definition of Licensed Personnel

The term “licensed personnel” means those employees required to possess professional teaching licenses issued by the Iowa Department of Education in order to hold their position as required by the Iowa Board of Educational Examiners or others with professional licenses.

Professional personnel will possess a license for the position they hold with the school district. The license will meet the requirements set out by the Iowa Board of Educational Examiners. Each licensed professional must present a copy of their current license to the superintendent [or designee] prior to employment.

It is solely the responsibility of the teacher to file and maintain a valid teaching license with Human Resources. No licensed professional will be employed or permitted to serve without a current and valid license.

If an employee is found not to be properly licensed for an assigned position that individual may not serve in the assigned position or be compensated until proper licensure is documented.

Adopted: 4/85
Reviewed: 1/11; 12/11; 4/13; 9/14; 12/16; 4/20; 4/23
Revised: 2/09
Related Policy: Series 401
Legal Reference (Code of Iowa): §§ 256.7(3); 272; 279.8; 281 IAC 12.4; 282 IAC 14
IASB Reference: 405.01

401.3 - Licensed Personnel Continuing Contracts

Contracts entered into with licensed personnel, other than administrators, will be subject to the provisions of Iowa Code Chapter 279. Any modification or termination of said contracts will be in accordance with law.

Licensed personnel may be subject to a probationary period as provided by law.

Licensed personnel who wish to be released from their employment contracts or who intend to resign or retire from employment must comply with the appropriate school board policies regarding such areas.

The superintendent [or designee] will make recommendations to the school board for the termination of licensed personnel.

Adopted: 6/70
Reviewed: 1/11; 12/11; 4/13; 9/14; 12/16; 4/20; 4/23
Revised: 2/09; 8/17
Related Policy: Series 401
Legal Reference (Code of Iowa): §§ 272; 279
IASB Reference: 405.04

401.4 - Licensed Personnel Initial Assignment

The initial assignment of a licensed personnel to a position in a school and/or department of the district will be made by the superintendent [or designee] on the basis of the qualifications of the person for the position to be filled.

The superintendent [or designee] will follow the requirements stated in the bargained agreement between personnel in that certified collective bargaining unit and the school board regarding assignment of such personnel.

Adopted: 6/70
Reviewed: 1/11; 12/11; 4/13; 9/14; 12/16; 4/20; 4/23
Revised: 11/05
Related Policy: Series 401
Legal Reference (Code of Iowa): § 279.8
IASB Reference: 405.06
Mandatory Policy

401.5 - Licensed Personnel Professional Development

To advance student achievement, the school board encourages staff learning and professional development as part of a professional learning community. Therefore, the school board expects licensed personnel to participate in staff development and professional growth activities to maintain, develop, and extend their skills. 

Staff development activities include workshops or courses in which the focus of the learning aligns with the educational goals of the district’s Strategic Plan, comprehensive school improvement goals, building improvement goals, and instructional goals of the district. Staff development activities which occur during contract time are not eligible for advancement on the salary schedule.

Professional growth activities are structured learning workshops or courses that advance the skills, knowledge, or practice of the employee in which participation is solely the employee’s choice. Professional growth attained through coursework may lead to an advanced degree. Professional growth workshops or courses eligible for salary advancement must occur outside the contract day.

If the employee is compensated by the district for expenses [including tuition or registration] related to participation in a staff development or professional growth workshop or course, that workshop or course is not eligible for advancement on the salary schedule.

For all professional development programs the district requires employees to take, the district will provide to the employee notice indicating the section of the law or rules adopted by the State Board of Education or Board of Educational Examiners that the district determines requires the employee to participate in the professional development program.

Requests for attendance or participation in staff development or professional growth workshops or courses during the contract day, other than those programs sponsored by the district, will be made to the superintendent [or designee] in writing. Approval by the superintendent [or designee] must be obtained prior to attendance in the selected workshop or course. 

The superintendent [or designee] will have the discretion to allow or disallow the licensed personnel to attend or participate in the requested event. When making this determination, the superintendent [or designee] will consider the value of the program for the licensed employee and the district; the effect of the licensed employee's absence on the education program, district operations, and the district's budget; as well as other factors deemed relevant in the judgment of the superintendent [or designee].

Adopted: 8/89
Reviewed: 1/11; 12/11; 4/13; 9/14; 12/16; 4/20; 4/23
Revised: 11/05; 3/23; 8/23
Related Policy: 401.14
Legal Reference (Code of Iowa): § 279.8, .74; 281 IAC 12.7; 83.6
IASB Reference: 408.01
Mandatory Policy

401.6 - Evaluation of Licensed Personnel

Evaluation of licensed personnel on their skills, abilities, and competence is an ongoing process supervised by the building principals and conducted by approved evaluators.

The licensed personnel evaluation system used by the Linn-Mar Community School District is included in the district’s performance evaluation system.

The goal of the formal evaluation of licensed personnel, other than administrators but including extra-curricular personnel, is to improve the educational program; to maintain licensed personnel 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; to develop a working relationship between the administrators and other personnel; and to maintain ethical practice and conduct.

The superintendent [or designee] will follow the requirements stated in the master agreement between personnel in the licensed collective bargaining unit and the school board regarding the evaluation of such personnel.

This policy supports and does not preclude the ongoing informal evaluation of the licensed employee’s skills, abilities, and competence.

It is the responsibility of the superintendent [or designee] to ensure licensed personnel who are not covered by the master agreement are evaluated annually.

Adopted: 8/89
Reviewed: 1/11; 12/11; 4/13; 12/16; 4/20; 4/23
Revised: 9/14
Related Policy: Series 401
Legal Reference (Code of Iowa): §§ 20.9; 279; 284; 294; 281 IAC 83; 12.3
IASB Reference: 405.08

401.7 - Licensed Personnel Resignation/Contract Release

A written resignation signed by the licensed employee will be submitted to the employee’s immediate supervisor who will direct the resignation with recommendations to the Chief Human Resources Officer [or designee]. The Chief Human Resources Officer [or designee] will then make a recommendation to the school board as provided by Iowa Code.

The school board recognizes that there are some circumstances which may force a licensed employee to request release from contract before the expiration date of their contract. Therefore, licensed personnel may be released from their contract if a suitable replacement can be found.

Licensed employees who wish to be released from an executed contract must give at least 21 days notice to the Chief Human Resources Officer [or designee]. Licensed employees may be released at the discretion of the school board. Only in unusual and extreme circumstances will the school board release a licensed employee from a contract.

Licensed employees requesting release from a contact after it has been signed and before it expires may be required to pay the school board the cost of advertising or other reasonable administrative costs incurred to locate and hire a suitable replacement. Upon written mutual agreement between the employee and the Chief Human Resources Officer [or designee], and to the extent allowed by law, 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 school board. Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.

The Chief Human Resources Officer [or designee] is required to file a complaint with the Iowa Board of Educational Examiners against a licensed employee who leaves without proper release from the school board.

Adopted: 6/70
Reviewed: 1/11; 12/11; 4/13; 12/16; 4/20
Revised: 9/14; 4/23; 10/23
Related Policy: Series 401
Legal Reference (Code of Iowa): §§ 91A(1); 91A.2, .3, .5; 216; 256; 279.13, .19A, .46
IASB Reference: 407.01-02

401.10 - Licensed Personnel Early Separation

The Linn-Mar Board of Education may offer an early separation plan for licensed personnel serving in an assignment of .5 or greater time equivalency. Five-tenths to full-time personnel (.5 to 1.0 FTE) are those who are currently performing their assigned duties within the school district and who satisfy the definition of five-tenths to full-time personnel (.5 to 1.0 FTE) as outlined in the respective contracts and terms and conditions of employment.

ELIGIBILITY REQUIREMENTS

  1. All licensed personnel
  2. Five-tenths to full-time (.5 to 1.0 FTE)
  3. At least 55 years of age
  4. Completed a total of 20 years of service in position requiring licensure; 10 of which were for the Linn-Mar Community School District

Said personnel will qualify for incentives upon submitting to the school board written notification of intent for early separation no later than the date set by the board and, upon receiving information regarding the incentives related to early separation, submit an early separation request no later than the date set by the board of the last year of service. Packages are awarded based on overall seniority.

The effective date for an early separation corresponds to the ending date of the licensed employee’s contract year and they must work the entire contract year prior to early separation.

COMPENSATION
Licensed personnel who elect to take early separation will be compensated when at least 20 years of service are satisfied after at least the age of 55 based on the recommendation of the administration and board approval.

INSURANCE

  1. Licensed personnel who elect to take early separation pursuant to this policy are eligible to continue participation in the district's group medical-hospitalization plan at the district's group rate. An employee's right to continue participation in such group insurance plan will be discontinued upon reaching the age of 65 or when insurance is obtained elsewhere.
  2. Licensed personnel who elect to take early separation pursuant to this policy are eligible to continue participation in the district's group term life insurance plan at the district's group rate. An employee's right to continue participation in such group term life insurance plan will be discontinued upon reaching the age of 65 or when insurance is obtained elsewhere.
  3. Licensed personnel will pay the premiums for all such insurance. It is the responsibility of employees to pay to the school district the monthly premium amounts on such dates as determined by the district. All insurance provided through the district are subject to the terms and conditions of the carriers.

COMPENSATION FOR DISTRICT WORK FOLLOWING EARLY SEPARATION
Licensed personnel electing early separation may support the district as a substitute teacher or on a consultant basis. As consultants participating in this program, individuals will be offered employment which could include substitute teaching as allowed by the Board of Educational Examiners regulations, demonstration teaching, working on staff development and in-service programs, and curriculum development projects. Participants in this program will receive contracted amounts mutually designed not to interfere with benefits allowed by IPERS or social security.

PAYMENT OPTIONS
The school board will determine the method of payment for the incentives as a 403(b) account and the time period during which to make full payment to the individual account within a one-to-five-year span. The individual will have the option to present their needs prior to the determination. The length of time for full payment will be determined in writing and the appropriate installments calculated before the first payment is made. If the payment plan determined by the school board is unsatisfactory, the licensed personnel may retract their early separation request.

RESTRICTIONS

  1. Separation pay will not be granted to licensed personnel who are discharged for causes other than staff reduction; and
  2. Incentives pursuant to this policy can be received only once.

BENEFICIARY
In the event of the death of licensed personnel prior to payment of the early separation incentive, the early separation incentive will be paid to the designated beneficiary in a one lump sum payment. In the event no beneficiary is designated, the incentive will be paid to the individual’s estate in a one lump sum payment.

AMMENDMENT OR APPEAL
The school board has complete discretion to offer, or not to offer, an early separation plan for licensed personnel. The board may discontinue the district’s early separation plan at any time.

The adoption of this policy will not vest any rights in any licensed personnel whether or not the employee is currently eligible for early separation. The school board will have complete discretion to amend or repeal this policy at any time. The district will not be obligated to provide any of the incentives to any licensed personnel after the date of such amendment or repeal except to those licensed employees whose early separation, pursuant to this policy, has commenced prior to the amendment or repeal.

COMMUNICATION PROCESS
Following the school board’s annual decision regarding the offer of incentives, licensed personnel who are eligible and who have notified the board by the date set by the board of their intent to request early separation will receive a letter from the administration notifying them of the conditions offered by the board. These employees will respond no later than the date set by the board following the receipt of the letter with the conditions of the offer as to their acceptance of the conditions of the board’s early separation offer. The eligible employee’s response will be in the form of a letter indicating their intent to retire at the conclusion of their current contract.

Adopted: 6/88
Reviewed: 12/11; 4/13; 12/16; 4/20; 4/23
Revised: 3/11; 9/14; 3/19; 2/24
Related Policy: Series 401
Legal Reference (Code of Iowa): §§ 97B; 216; 279.46; 281 IAC 21
IASB Reference: 407.06, 407.06-E(1)-E(3)

401.11 - Tutoring

Every effort will be made by licensed personnel to help students with learning problems and skill development as appropriate to the student’s age and capacity.

  • Employees will not solicit students or parents of students to purchase equipment, supplies, or services for the employee’s personal advantage;
  • Employees will not use professional relationships with students for private advantage;
  • Public property or funds will not be converted to personal use;
  • Employees will not render services for reimbursement directly from students enrolled in their classrooms or supervision for tutoring, lessons, personal coaching, or similar services; and
  • Tutoring, lessons, personal coaching, or any other types of professional instructional and/or skill supports for a fee by non-employees cannot take place within school facilities.

The superintendent will be responsible for administrative regulations pertaining to this policy.

Adopted: 6/70
Reviewed: 12/11; 4/13; 12/16; 4/20; 4/23
Revised: 3/11; 9/14
Related Policy: 401.11-R
Legal Reference (Code of Iowa): §§ 20.7; 279.8
IASB Reference: 408.03

401.11-R - Regulations Regarding Tutoring

Student participation must be voluntary. Inclusion on a team, performance group, production, game, match, etc., cannot be contingent on participation in or utilization of the service.

Permitted:

  1. Employees may offer services to enhance student skills only if they are compensated by the school district as employees of the district and the services are delivered outside of the employee’s contracted and/or assigned workday and stipend responsibilities.
  2. Employees may offer services [such as tutoring, lessons, or personal training] to enhance student skills to students not enrolled in their classes, teams or groups, or attending Linn-Mar Schools.
  3. Clinics, camps, workshops, or activities for the purpose of skill development and enrichment experiences are permitted provided the following steps are completed:
    1. District fundraising form is completed and approved;
    2. District facility reservation form is completed and approved; and
    3. District activity/event form, including a schedule, is completed and approved.

Prohibited:

  1. Linn-Mar employees may not provide tutoring, lessons, personal coaching, and the like to a student currently enrolled in their classes, listed on their class rosters, or directly under their supervision.
  2. Linn-Mar employees may not sell any products, equipment, or supplies to students or parents for personal advantage.

Responsibility:

  1. It is the employee’s responsibility to comply with board policies and regulations.
  2. If found to be in non-compliance with board policies and/or regulations, the employee will be notified of non-compliance and disciplinary consequences.
  3. Failure to comply following notification will result in disciplinary action up to and including termination and a notification to the Board of Educational Examiners.

Adopted: 3/11
Reviewed: 12/11; 4/13; 9/14; 12/16; 4/20; 4/23
Related Policy: 401; 401.11

401.12 - Substitute Teachers

Qualifications:

  1. Employees serving as a substitute teacher or on a temporary basis in the district will be licensed for the positions which they are to fill.
  2. Every effort will be made to fill temporary positions with substitutes who have preparation equal to that of the regular, contracted licensed employees and who have passed a background check. In the event such persons are not available, the employment of personnel who are properly licensed is authorized on a purely substitute or temporary basis.

If a substitute teacher is serving on a substitute or temporary basis in the district for more than 60 days of teaching in one assignment, the responsible building administrator will contact the Chief Human Resources Officer to review the documented need and benefit to the instructional program.

Compensation: The daily substitute rate will be established by the Board of Education.

  • The daily rate will apply for substitute teachers during the first 10 days in the same assignment.
  • On the 11th consecutive day of service in the same assignment, the rate will become 1/191 of the BA base salary of the current schedule.
  • On the 21st consecutive day of service in the same assignment, the rate of pay will be $30.00 per hour. Such per diem salary will apply for only that period of employment in excess of 20 teaching days in the same assignment.

Substitute teachers receive no written contract or any benefits of a regular, contracted, licensed teacher (i.e., sick leave, etc.).

Adopted: 6/70
Reviewed: 12/11; 4/13; 12/16; 4/20; 4/23
Revised: 1/11; 9/13; 9/14
Related Policy: Series 401
Legal Reference (Code of Iowa): §§ 20.1, .4(5), .9; Ch 272;  281 IAC 12.4
IASB Reference: 410.01

401.13 - Student Teachers

It is the policy of the Linn-Mar Community School District to cooperate with higher education institutions in the practical preparation of future teachers.

The Linn-Mar Board of Directors will, through contracts, establish agreements with colleges and universities prior to placement of student teachers in district classrooms.

All compensation paid by the colleges or universities will be paid to the supervising teacher.

Adopted: 6/70
Reviewed: 12/11; 4/13; 9/14; 12/16; 4/20; 4/23
Revised: 11/05

401.14 - Professional Advancement on Salary Schedule

Professional credit programs are the in-service staff development activities for which licensed personnel may receive credits that may be applied to advancement on the district's salary schedule.

The evaluation of professional growth credits will be based on a unit equivalent to one semester hour of college or university credit.

  1. At least 15 hours of attendance in an approved, professional growth activity outside the district.
  2. At least 15 hours of study and active participation in a professional course, in-service staff development course, or seminar offered and sponsored by the district.

Each employee will be responsible for reporting professional growth activities on the district's application form. The deadline for submission with intent for horizontal level change and approval of course selection (prior to enrolling in the course) is March 1st.

Professional, licensed personnel may advance on the salary schedule through successful participation in approved graduate course work that advances the professional’s growth in the educational field. The same forms and deadlines apply to college and university course work as to professional credit courses.

Adopted: 8/70
Reviewed: 1/11; 12/11; 4/13; 12/16; 4/20; 4/23
Revised: 9/14
Related Policy: Series 401
Legal Reference (Code of Iowa): §§ 20.1, .4, .7, .9; 279.8
IASB Reference: 406.01-03

401.15 - Child Abuse Reporting by Licensed Personnel

In compliance with state law and to provide protection to victims of child abuse, the Linn-Mar Board of Directors believes incidents of alleged child abuse should be reported to proper authorities. All licensed school employees, nurses, teachers, coaches, paraeducators, and all school employees 18 years of age or older 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 Health and Human Services within 24 hours of becoming aware of the abusive incident and shall make a written report to the Iowa Department of Health and 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 submit evidence they've completed the required training within the previous three years. Once the required training has been taken, the certificate will remain valid for three years. Employees who have completed the required training will take the one-hour follow up training course every three years and prior to the expiration of their certificate.

The superintendent is responsible for drafting administrative regulations to implement this policy.

Adopted: 7/79
Reviewed: 1/11; 12/11; 4/13; 4/23
Revised: 9/14; 12/16; 4/20; 10/22; 3/23; 8/23; 8/24
Related Policy: Series 401; 401.15-R; 505.52; 505.52-R
Legal Reference (Code of Iowa): §§ 232.67-77; 232A; 235A; 280.17; 441 IAC 9.2; 155; 175
IASB Reference: 402.02
Mandatory Policy

401.15-R - Regulations Regarding Child Abuse Reporting by Licensed Personnel

The Code of Iowa requires licensed school personnel to report to the Department of Human Services all instances of suspected child abuse involving students.

The law further specifies that any licensed school personnel who knowingly or willfully fails to report a suspected case of child abuse is guilty of a simple misdemeanor and may also leave the employee open to civil liability for the damages caused by their failure to report.

Iowa Code provides immunity from any liability, civil or criminal, to anyone participating in good faith in the making of a report or in the judicial proceedings that may result from the report.

Child Abuse Defined: Child abuse or abuse means harm occurring through:

  1. **Any non-accidental physical injury or injury that is at variance with the history given of it suffered by a child (that is any person under 18 years of age) as a result of the acts or omissions of a person responsible for the care of the child.
  2.  **The commission of any sexual abuse with or to a child as defined by Chapter 709, Iowa Code, as a result of the acts or omissions of the person responsible for the child.
  3. The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing, or other care necessary for the child's health and welfare when financially able to do so or when offered financial or other reasonable means to do so.

**Teachers in public schools are not “persons responsible for the care of the child” under these clauses. However, a teacher who abuses a child is subject to civil, criminal, and professional sanctions.

A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child, however, a court may still order that medical services be given to the child if the child's health requires it.

Reporting Procedures: Iowa Code establishes reporting and investigation procedures for alleged cases of child abuse. All licensed school personnel, nurses, teachers, coaches, and paraeducators 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 is required to orally report within 24 hours to the Iowa Department of Human Services when the person “reasonably believes a child has suffered from abuse.” The requirement to report is mandatory. Within 48 hours of filing the oral report, a written report must be forwarded to the Iowa Department of Human Services.

Each report should contain as much of the following information as can be obtained within the time limit:

  • Name, age, and address of the suspected, abused child
  • Name and address of parents/guardians or persons legally responsible for child’s care
  • Description of injuries, including evidence of previous injuries
  • Name, age, and condition of other children in the home
  • The child's whereabouts if different from parents/guardians or persons legally responsible for the child
  • Any other information considered helpful
  • Name and address of person making the report

The law specifies that a report will be considered valid even if it does not contain all of the above information.

It is not the responsibility of school personnel to prove that a child has been abused or neglected. School personnel should not take it upon themselves to investigate the case or contact the family of the child to ask questions or make any kind of judgment. The Iowa Department of Human Services has the responsibility to follow up on the report.

Adopted: 7/79
Reviewed: 12/11; 4/13; 9/14; 4/20; 4/23
Revised: 12/16
Related Policy: Series 401; 401.15; 505.52; 505.52-R
Legal Reference (Code of Iowa): §§ 232.67-77; 232A; 235A; 280.17; 441 IAC 9.2; 155; 175
IASB Reference: 402.02-03

401.16 - Licensed Personnel Suspension

Licensed personnel will perform their assigned job, respect and follow school board policy, and obey the law.

The superintendent is authorized to suspend licensed personnel 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 licensed personnel with or without pay.

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

Adopted: 3/06
Reviewed: 12/11; 4/13; 12/16; 4/20; 4/23
Revised: 9/14
Related Policy: Series 401
Legal Reference (Code of Iowa): §§ 20.7, .24; 279.13, .15-19, .27
IASB Reference: 407.04