2017 Changes in Educator Employment Matters

Changes to Iowa Code § 20 – Collective Bargaining

CODE SECTION
Mandatory topics of bargaining:
Iowa Code § 20.9 –
Scope of Negotiations
This section of the code
addresses the topics
that the employer and
employee organizations:
 Must address in
negotiations
(mandatory
topics);
Illegal subject of bargaining:
 May address in
negotiations
(permissive
topics); and
 Cannot address in
negotiations
(illegal subjects).
(Please note: the scope
of negotiations is
different for bargaining
units with public safety
employees).
Award restricted to the final offers.
No financial cap on arbitration award.
Arbitrator shall consider:
Iowa Code § 20.22 –
Binding Arbitration
This section of the code
outlines the process
and factors to be
considered in
arbitration.
ORIGINAL LANGUAGE HOUSE FILE 291 LANGUAGE
Mandatory topic of bargaining:
Wages Base wages
Hours
Vacations Permissive topics of bargaining (previously
Insurance mandatory topics):
Holidays Hours
Leaves of absence Vacation
Shift differentials Leaves of absence
Overtime compensation Shift differentials
Supplemental pay Overtime compensation
Seniority Seniority
Transfer procedures Job classifications
Job classifications Health and safety matters
Health and safety matters In-service training
Evaluation procedures Grievance Procedures
Procedures for staff reduction Seniority and any wage increase
In-service training Employment benefit
Other employment advantage based on
seniority
Retirement systems Other matters mutually agree upon
Illegal subjects of bargaining:
Retirement systems
Dues checkoffs
Other payroll deductions for political action
committees or other political contributions
or political activities
Insurance
Leaves of absence for political activities
Supplemental pay
Transfer procedures
Evaluation procedures
Procedures for staff reduction
Subcontracting public service
Award restricted to the final offers, however the
award cannot exceed the lesser of:
• 3%; or
• A percentage equal to the increase in
the consumer price index
Arbitrators shall consider:
• Past collective bargaining • Comparison of base wages, hours and
agreements. conditions of employment with other
• Comparison of wages, hours and public and private employees doing
conditions of employment with comparable work.
other public employees doing • Interests and welfare of the public.
comparable work. • Financial ability of the employer to meet
• Interests and welfare of the public. the cost of an offer in light of economic
• Power of the public employer to conditions. Substantial weight is given
levy taxes and appropriate funds. to evidence that funds are restricted.
Arbitrators shall not consider:
• Past collective bargaining agreements.
• Power of the public employer to
increase or impose new taxes, fees or
charges.
 2017 Changes in Educator Employment Matters
Changes to Iowa Code § 279 – Powers and Duties of Directors (School Districts)
CODE SECTION ORIGINAL LANGUAGE HOUSE FILE 291 LANGUAGE
Temporary contract may be issued to fill a Temporary contracts may be issued:
vacancy for military leave of absence. The • To a teacher for up to six months.
Iowa Code § 279.13 – contract automatically terminates upon the • To fill a vacancy for military leave of
Contracts with individual’s return from military service. absence. The contract automatically
Teachers terminates upon the individual’s return
from military service.
The contract is not subject to the termination
provisions for teachers.
Timelines for hearings: Timelines for hearings:
• Notification received by the teacher • Notification received by the teacher by
by April 30. April 30.
Iowa Code § 279.15 – • Hearing held between 10 and 20 • Hearing held between 20 and 40 days
Notice of Hearing – days following receipt of the notice. following receipt of the notice.
Request for Hearing • Board provides documentation to • Board provides documentation to the
the teacher that will be presented teacher that will be presented at the
This section of the code at the hearing 5 days before the hearing 10 days before the hearing
addresses teacher hearing • Teacher provides documentation to the
termination hearings. • Teacher provides documentation to board that will be presented at the
the board that will be presented at hearing 7 days before the hearing.
the hearing 3 days before the
hearing.
Private hearing not subject to Iowa Code 21. Private hearing not subject to Iowa Code 21.
Iowa Code § 279.16 – At the conclusion of the hearing, the board At the conclusion of the hearing, the board
Private Hearing – determines whether to: determines whether to:
Decision – Record • Terminate the contract; or • Terminate the contract;
• Continue the contract with or • Continue the contract with or without a
This section of the code without a paid or unpaid paid or unpaid suspension; or
addresses the decision suspension. • Issue a one-year nonrenewable
of the board in a contract.
teacher termination
hearing.
A nonprobationary teacher may appeal the All appeals from the decision of the board are
Iowa Code § 279.17 – board’s decision to terminate to an filed in district court. The appeal to the
Appeal by Teacher to adjudicator. The decision of the adjudicator adjudicator is removed.
Adjudicator may then be appealed by either the board or
the teacher to district court.
Iowa Code § 279.19 – The provisions regarding notice and a private The provisions regarding notice and a private
Probationary Period hearing are identical to nonprobationary hearing do not apply to probationary teachers.
teachers. Probationary teachers may be terminated at the
This section of the code end of the year without cause and may request
addresses a teacher’s a “private conference” with the board to discuss
probationary period. the reasons for termination.
Employment contracts for licensed Employment contracts for licensed employees
employees who coach interscholastic athletic who coach interscholastic athletic sports do not
Iowa Code § 279.19A – sports continue automatically from year to continue automatically from year to year.
Extracurricular year unless terminated or modified.
Contracts
The same termination proceedings apply as A contract may be terminated for any lawful
This section of the code those used for a teacher’s contract, including reason following an informal, private hearing
addresses the contracts notice and a private hearing. before the board.
established between
the district and licensed Wages are established through negotiated Compensation is not subject to a negotiated
employees who coach supplemental pay schedules. supplemental pay schedule.
interscholastic athletic
sports. An extracurricular contract may be An extracurricular contract may be terminated
terminated without terminating the teaching without terminating the teaching contract.
contract.
 2017 Changes in Educator Employment Matters
Changes to Iowa Code § 279 – Powers and Duties of Directors (School Districts)
CODE SECTION ORIGINAL LANGUAGE
Temporary contract may be issued to fill a
vacancy for military leave of absence. The
contract automatically terminates upon the
Iowa Code § 279.23 – individual’s return from military service.
Continuing Contract
for Administrators
The board and administrator can mutually
agree to:
• A modification or termination of the
administrator’s contract.
• Enter into a one-year nonrenewable
contract.
If no agreement is reached, the board shall
follow termination procedures outlined in this
section of the code.
Iowa Code § 279.24 –
Contract with
Administrators – Probationary period for an administrator is
Automatic two consecutive years.
Continuation or
Termination Timelines for hearing:
• Notification to administrator by May
This section of the code 15.
addresses administrator • Hearing held between 10 and 30
continuing contracts days following receipt of the notice.
and terminations. • If the board does not receive a
request prior to May 31, the board
may determine the continuance or
discontinuance of the contract.
• The proposed decision by the
Administrative Law Judge (ALJ)
becomes the final decision of the
board unless the administrator files
a notice of appeals within 10 days.
• If notice is received, the hearing
before the board shall be held within
5 days.
• Within five days of the hearing, the
board shall meet to make a
decision.
Private hearing before the board is not
subject to Iowa Code 21.
The board determines whether to:
• Terminate the contract; or
• Continue the contract (determine
whether to suspend with or without
pay).
HOUSE FILE 291 LANGUAGE
Temporary contracts may be issued:
• To an administrator for up to nine
months
• To fill a vacancy for military leave of
absence. The contract automatically
terminates upon the individual’s return
from military service.
The contract is not subject to the termination
provisions for administrators.
The board may issue a one-year nonrenewable
contract.
If the board decides to terminate the
administrator’s contract, they shall follow the
termination procedures outlined in this section
of the code.
Probationary period for an administrator is three
consecutive years.
Timelines for hearing:
• Notification to administrator by May 15.
• Hearing held between 20 and 40 days
following receipt of the notice.
• If the board does not receive a request
prior to May 31, the board may
determine the continuance or
discontinuance of the contract.
• The proposed decision by the
Administrative Law Judge (ALJ)
becomes the final decision of the board
unless the administrator files a notice of
appeals within 30 days.
• If notice is received, the hearing before
the board shall be held within 10 days.
• Within five days of the hearing, the
board shall meet to make a decision.
Private hearing before the board is not subject
to Iowa Code 21.
The board determines whether to:
• Terminate the contract;
• Continue the contract (determine
whether to suspend with or without
pay); or
• Issue a one-year, nonrenewable
contract
 2017 Changes in Educator Employment Matters
Changes to Iowa Code § 279 – Powers and Duties of Directors (School Districts)
CODE SECTION ORIGINAL LANGUAGE
The phrase “just cause” is not defined by
statute. The Iowa Supreme Court has stated
that each case must be decided upon its
Iowa Code § 279.27 – own facts and circumstances.
Discharge of Teacher
HOUSE FILE 291 LANGUAGE
Definition of “just cause:” Includes but is not
limited to a violation of the code of professional
conduct and ethics of the board of educational
examiners if the board has taken disciplinary
action against a teacher, during the six months
following issuance by the board of a final written
decision and finding of fact after a disciplinary
proceeding.

Changes to Iowa Code § 284 – Teacher Performance, Compensation and Career Development
CODE SECTION ORIGINAL LANGUAGE HOUSE FILE 291 LANGUAGE
Intensive assistance programs and Intensive assistance program and its
implementation subject to negotiation and implementation not subject to negotiation
grievance procedures pursuant to chapter pursuant to chapter 20.
20.
A teacher who previously participated in an
Iowa Code § 284.8 – intensive assistance program shall not be
Performance Review entitled to participate in another intensive
Requirements for assistance program relating to the same
Teachers – Peer standards or criteria.
Group Reviews
Following a teacher’s participation in an
This section of the code intensive assistance program, the teacher shall
addresses teacher’s be reevaluated. If the teacher did not
performance reviews successfully complete the intensive assistance
and intensive program, the board may:
assistance programs. • Terminate the contract immediately;
• Terminate the contract at the end of the
year;
• Continue the contract for a period not
to exceed one year and the contract
shall not be subject to termination
provisions in 279.15.
Changes to Iowa Code § 22 – Examination of Public Records
CODE SECTION ORIGINAL LANGUAGE HOUSE FILE 291 LANGUAGE
Information contained in personnel records Information contained in personnel records that
constitute a public record: The fact that the is a public record: The fact that the individual
individual was discharged as the result of a resigned in lieu of termination, was discharged,
final disciplinary action upon the exhaustion or was demoted as the result of a disciplinary
Iowa Code § 22.7 – of all applicable contractual, legal, and action, and the documented reasons and
Confidential Records statutory remedies. rationale for the resignation in lieu of termination,
the discharge, or the demotion. “Demoted” and
This section of the code “demotion” mean a change of an employee from
addresses public a position in a given classification to a position
records that must be in a classification having a lower pay grade.
kept confidential.
The governmental body must provide notice in
writing that the information (addressed above),
which is placed in the employee’s personnel file
as a result of disciplinary action, may become a
public record.
 2017 Changes in Educator Employment Matters
Changes to Iowa Code § 70A – Financial and Other Provisions for Public Officers and Employees
CODE SECTION ORIGINAL LANGUAGE HOUSE FILE 291 LANGUAGE
IMPACTED
Iowa Code § 70A.41 – A public employer shall offer health insurance to
Public employee all permanent, full time public employees
health insurance employed by the public employer. A public
employer may offer health insurance to any
other public employees employed by the public
employer.