Document - Mississippi Bend AEA

Transcription

June 2016
MISSISSIPPI BEND AREA EDUCATION AGENCY
BOARD POLICIES
Educational Philosophy, Series 100
100
100.0
Educational Philosophy
101.1
Accessibility
101
Section:
EDUCATIONAL PHILOSOPHY
Policy Title:
Code:
100.0
References:
Date of Adoption: October 29, 1975
REVISED: May 14, 1997; May 10, 2000; May 10, 2006; March 11, 2015
REVIEWED: 2005-06; 2008-09
The Mississippi Bend Area Education Agency (Agency) Beliefs and Mission are
developed through the ongoing comprehensive planning process approved by the Board
of Directors.
AGENCY BELIEFS

We believe the student is our first priority.

We believe each individual has potential to grow.

We believe in the dignity and uniqueness of each individual.

We believe that students differ in their abilities and recognize they
have diverse talents that should be discovered and developed.

We believe in equity.

We believe in accountability.

We believe in the importance of life-long learning.

We believe in the power of partnerships.

We believe in the power of personal commitment.
Board Policy 100.0
Page 2
MISSION
The mission of the
Mississippi Bend Area Education Agency
is to improve teaching and learning for all students
through active partnerships and
assertive leadership in a climate of mutual respect.
Section:
EDUCATIONAL PHILOSOPHY
Code:
Policy Title:
Accessibility
References:
Section 504 of the Rehabilitation Act of 1973, ADA
101.1
Date of Adoption: March 17, 1980
REVISED: October 9, 1985; May 14, 1997; March 12, 2003; March 11, 2015
REVIEWED: 2005-06; 2008-09
The programs and services of the Mississippi Bend Area Education Agency will
be accessible to all persons.
BOARD POLICIES
Board of Directors, Series 200
200
200.1
201
201.1
201.2
201.3
201.4
201.5
201.6
201.7
202
202.1
202.2
202.3
202.4
202.5
202.6
202.7
203
203.1
203.2
203.3
203.4
203.5
203.6
203.7
203.8
203.9
Guiding Principles
General Organization
Name of Agency
Legal Status
Powers and Duties: General
Election of Directors
Number and Terms of Directors
Organizational Meeting
Duties of the Board
Code of Ethics
President of the Board
Vice President of the Board
Board Secretary
Board Treasurer
Individual Board Members
Operational Procedures of the Board
Formulation, Revision, and Distribution of Board Policies and
Regulations
203.1 Formulation, Revision, and Distribution of
Board Policies and Regulations
Approval of Administrative Regulations
Committees of the Board
Legal Counsel
Conflict of Interest
Gifts/Internal and External
203.9 Gifts/Internal and External
Series 200
Page 2
204
204.0
204.1
204.2
204.3
204.4
204.5
204.6
204.7
204.8
204.9
204.10
204.11
204.12
204.13
204.14
205
Board Meetings
Meetings of the Board
Open Meetings
Regular Meetings of the Board
Special Meetings of the Board
Closed Sessions of the Board
Notice for Board Meetings
Electronic Meetings
Parliamentary Procedure
Agenda
204.10A Timelines for Preparation of Monthly
Board Agenda
204.10B Format for Board Meetings
Opportunity for Public Expression
Complaints
204.12 Complaints
Minutes of Meetings
Voting on Motions
Miscellaneous
Compensation for Expenses
Membership in State and National Associations
Public Purpose
205.3 Public Purpose: Expenditures for Meals,
Refreshments and Recognition
205.4
Records Retrieval
205.5
Anticipatory Warrants
205.1
205.2
205.3
206
206.0
206.1
206.2
206.3
Board Member Services
Board Participation in Meetings and Conventions
206.0 Meeting Reports by Board Members
Board Member Insurance
Section:
BOARD OF DIRECTORS
Policy Title:
Guiding Principles
Code:
200.0
References:
Date of Adoption: May 14, 1975
REVISED: May 14, 1997; June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
The function of the Mississippi Bend Area Education Agency Board of Directors
(Board) is to create policy.
Therefore, the Board will establish general policies and provide the financial
means for the successful implementation and maintenance of programs and services.
The Board will act only as a committee of the whole.
Section:
BOARD OF DIRECTORS
Policy Title:
Name of Agency
Code:
201.1
References:
REVISED: June 10, 2009
REVIEWED: 2005-06; 2008-09; 2014-15
This Area Education Agency is organized and known as the: Mississippi Bend
Area Education Agency.
Section:
BOARD OF DIRECTORS
Policy Title:
Legal Status
References:
Chapter 273, Code of Iowa
Code:
201.2
REVIEWED: 2005-06; 2008-09
The Board of Directors (Board) of the Mississippi Bend Area Education Agency
derives its legal status from the statutes enacted by the General Assembly of the State of
Iowa. The Board acts as an agent of the State in developing an educational program in
accordance with the laws of the State of Iowa governing Area Education Agencies.
Section:
BOARD OF DIRECTORS
Policy Title:
Powers and Duties: General
References:
Code:
201.3
REVISED: May 14, 1997; March 12, 2003; June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
The Board of Directors (Board) of the Mississippi Bend Area Education Agency
(Agency) will exercise such powers as are specifically assigned to it by law. It will
determine and adopt such policies as are deemed necessary for the efficient operation
and general improvement of the Agency. The Board will select a chief administrator,
and delegate to that person the authority for carrying out policies and regulations, plans,
and administrative details necessary to ensure effective operations.

The Board will perform those duties and exercise those responsibilities which
are assigned to it by law and which are not in conflict with the powers and duties
assigned to the local boards of the school districts or to the Board of Directors of
the Community Colleges.

The Board will provide programs and services to local schools with approval
from the Iowa Department of Education.

The Board will have the authority to make application for, accept, and spend
state, federal, and private funds that are available for programs of educational
benefit in accordance with the laws of the State of Iowa.

The Board will exercise all powers and carry out all duties given to Area
Education Agencies by statute, and will be governed in general by the provisions
of Chapter 273, Code of Iowa.
Section:
BOARD OF DIRECTORS
Code:
Policy Title:
References:
Chapter 273.8 and 277.29, Code of Iowa
201.4
REVISED: June 12, 1985; May 14, 1997; May 10, 2006; June 10, 2009; March 11,
2015
REVIEWED: 2005-06; 2008-09
The Mississippi Bend Area Education Agency (Agency) Board of Directors
(Board) will be elected from director districts. Board members are elected for fouryear terms in odd-numbered years by a vote of the members of the boards of directors
of the local districts located within the director district. Elections are called in
Director Districts #1, #2, and #6 in one odd-numbered year and in Director Districts
#3, #4, #5, #7, #8, and #9 the next odd- numbered year.
Notice of the election will be published by the chief administrator not later
than July 15 in at least one newspaper of general circulation in the Agency.
Each local district board of education located entirely or partially within
the director district will cast a vote in direct proportion to the population of the
school district to that of the director district.
A candidate for election to the Area Education Agency Board will file a
statement of candidacy with the Area Education Agency Board secretary not later
than August 15 on forms prescribed by the Iowa Department of Education. The
statement of candidacy will include the candidate's name, address, and school
district. The list of candidates will be sent by the Board secretary of the Area
Education Agency in ballot form by certified mail to the presidents of the boards of
directors of all school districts within the director district not later than September 1.
Board Policy 201.4
Page 2
In order for the ballot to be counted, the ballot must be received in the Area Education
Agency Board secretary’s office by the end of the normal business day on September
30, or be clearly postmarked by an officially authorized postal service not later than
September 29, and received by the Area Education Agency Board secretary not later
than noon on the first Monday following September 30.
If no candidate files with the Area Education Agency Board secretary by the
July 15 deadline, or a vacancy occurs, a director district convention will be called
and conducted in the manner provided in Iowa Code, Section 273.8(3).
Section:
BOARD OF DIRECTORS
Policy Title:
References:
Chapter 273.8, Code of Iowa
Code:
201.5
Date of Adoption: June 12, 1985
REVISED: August 19, 1992; March 12, 2003; June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
The Mississippi Bend Area Education Agency Board of Directors consists of nine
members elected from director districts. The members are elected for four-year terms, or
the unexpired portion of a term in the event of a vacancy.
Director District #1
100% Davenport
100% Davenport
100% Davenport
66.5% Bettendorf
25.6% Davenport
7.9% Pleasant Valley
61.5% Pleasant Valley
38.5% North Scott
83.3% Clinton
16.7% Camanche
29.5% Central
28.8% Maquoketa
14.0% Bellevue
13.0% Easton Valley
9.7% Northeast
5.0% Andrew
90.5% Muscatine
9.5% Durant
Board Policy 201.5
Page 2
20.7% West Liberty
15.0% Wilton
15.0% Columbus
14.3% Louisa-Muscatine
12.0% North Scott
8.3% Calamus-Wheatland
6.3% Davenport
4.3% Bennett
4.1% Durant
Section:
BOARD OF DIRECTORS
Policy Title:
Organizational/Annual Meeting
References:
Code:
201.7
REVIEWED: 2005-06; 2008-09
There will be an organizational/annual meeting of the Mississippi Bend Area
Education Agency Board of Directors at the first regular meeting in October of each year
at which newly selected members will be installed. On non-election years, an annual
meeting will be held in October.
Code No: 201.7-E
FORMAT FOR ORGANIZATIONAL/ANNUAL MEETING
A.
Call to Order - Roll Call
B.
Approval of Minutes of Previous Meeting
C.
Treasurer's Report
D.
Other Business
E.
Organizational/Annual Meeting
1.
Appointment of Chairman Pro Tempore
2.
Oath of Office to New Board Members
3.
Election of President (oath of office)
4.
Election of Vice President (oath of office)
5.
Appointment of Secretary and Treasurer (202.4) (202.5) (oath of office)
6.
Authorize Executive Director to Sign Handwritten Checks
7.
Designation of Depository Bank and Maximum Deposit
8.
Board Committee Structure and Appointments (203.4)
a. IASB Delegate Assembly and Legislative Network Member
(representative and alternate)
b. AEA Governing Boards Executive Council
c. Internal Audit Committee
d. Equity Committee
9.
Reaffirm Limits on Expenditures Without Board President's Signature
10.
Notice of Special Meetings (204.7)
11.
Other Organizational Items
a. Date, time, and place of meetings
b. Appoint legal counsel (203.7)
c. Board Travel
12.
Follow Regular Format for Remainder of Meeting
Code No: 201.7-E
Page 2
OATH OF OFFICE FOR PRESIDENT
(raise your right hand)
Do you,
, solemnly swear that you will support the Constitution of
the United States and the Constitution of the State of Iowa and that you will faithfully and
impartially to the best of your ability discharge the duties of the President of the Board of
Directors of the Mississippi Bend Area Education Agency (9) as now or hereafter
required by law?
OATH OF OFFICE FOR SECRETARY
Do you,
impartially to the best of your ability discharge the duties of Secretary of the Board of
required by law?
OATH OF OFFICE FOR TREASURER
Do you,
impartially to the best of your ability discharge the duties of Treasurer of the Board of
required by law?
The oath may be administered by a qualified board member or by the Board Secretary
during the board meeting, usually the organizational meeting, in the following form:
OATH OF OFFICE FOR BOARD MEMBER
Do you,
, solemnly swear that you will support the Constitution of the
United States and the Constitution of the State of Iowa and that you will faithfully and
impartially, to the best of your ability, discharge the duties of the office of
(naming the office) in the Mississippi Bend Area Education Agency (9)
as now or hereafter required by law?
Section:
BOARD OF DIRECTORS
Policy Title:
Code of Ethics
Code:
202.1
References:
REVISED: June 12, 1985; May 14, 1997; June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
Members of the Mississippi Bend Area Education Agency (Agency) Board of
Directors (Board) affirm and will solemnly observe the following Code of Ethics:

To observe and enforce state laws and regulations pertaining to the education
mission of this Agency.

To accept office as a director as a means to unselfish service to the students,
education personnel and citizens of the entire service area of this Agency.

To transact Agency business only in regular Board meetings or as may be
otherwise provided for in Board policy.

To represent the entire service area of this Agency.

To participate in Board duties as a team member, recognizing the integrity of
other directors, past and present, and the merits of their contributions.

To accept all Board decisions once they are made and to assist in carrying them
out effectively.

To delegate action to the chief administrator as the Board executive and to
confine Board action to policy making, planning and appraisal unless otherwise
qualified by statute or Board action.

To employ only competent, trained personnel and these only on the
recommendation of the chief administrator.

To consider it an important responsibility of the Board members to interpret to the
people of the area the aims and methods of the programs and services of the
Agency.

To establish cooperative ties for information and action with Board members of
local schools, merged area schools, and other Area Education Agencies.
Section:
BOARD OF DIRECTORS
Code:
Policy Title:
President of the Board
References:
Chapter 273.8, 280A.12, 291.1, Code of Iowa
202.2
REVIEWED: 2005-06; 2008-09
(Board) president will preside at all its meetings; sign warrants, drafts, and all orders drawn
upon the Board treasurer as provided by law; sign all contracts made by the Board; and
appear on behalf of this Agency in all actions brought by or against it, unless the Board
president is one of the parties in such actions, in which case this duty will be performed by
the Board secretary.
The Board president is entitled to discuss and to vote on all matters before the
Board. However, prior to making a motion or seconding a motion, the Board president
shall pass the gavel to the Board vice president or another member of the Board.
The Board president will consult with the chief administrator on the development
of each agenda for future meetings.
Section:
BOARD OF DIRECTORS
Code:
Policy Title:
Vice-President of the Board
References:
Chapter 273.8 and 280A.12, Code of Iowa
202.3
REVISED: June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
The Mississippi Bend Area Education Agency Board of Directors (Board) vice
president will serve in the absence of the Board president and will perform other duties as
may be assigned by the Board president or the Board.
Section:
BOARD OF DIRECTORS
Code:
Policy Title:
Board Secretary
References:
Chapter 273.8, 280A.12, and 291, Code of Iowa
202.4
REVISED: May 14, 1997; May 10, 2000; June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
The Mississippi Bend Area Education Agency Board of Directors (Board) secretary
will be appointed by the Board for a one-year term at the organization/annual meeting. A
vacancy in the position will be subject to appointment for the unexpired term.
The Board secretary is accountable to the Board for the performance of those
responsibilities delegated by the Board and statutes.
The salary for the position will be determined annually by the Board.
Section:
BOARD OF DIRECTORS
Code:
Policy Title:
Board Treasurer
References:
Chapter 273.8, 280A.12, and 291, Code of Iowa
202.5
REVIEWED: 2005-06; 2008-09
The Mississippi Bend Area Education Agency Board of Directors (Board) treasurer
will be appointed by the Board for a one-year term at the organization/annual meeting. A
vacancy in the position will be subject to appointment for the unexpired term.
The Board treasurer is accountable to the Board for performance of those
responsibilities delegated by the Board and statutes.
The salary for the position will be determined annually by the Board.
Section:
BOARD OF DIRECTORS
Policy Title:
Formulation, Revision, and Distribution of Board Policies and
Regulations
Administrative Regulation 203.1
References:
Code:
203.1
REVISED: June 12, 1985; May 14, 1997; May 10, 2000; March 12, 2003;
May 10, 2006; July 11, 2007; June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
The primary responsibility for proposing Board of Directors (Board) policies rests
with the chief administrator of the Mississippi Bend Area Education Agency (Agency).
However, policies may be proposed by any member of the Board, by a staff member with
the knowledge of the administrator, by the administrative cabinet, or by any citizen or
group of citizens in the Agency service area.
It will be the responsibility of the Board secretary to add, delete, or amend all
policies acted upon by the Board and to make such changes in references to other
policies, laws and regulations as will be necessary, and to keep all copies of Board
policies up to date.
In the absence of an appropriate Board policy, the chief administrator will make
the decision which, in his or her opinion, best serves the interest of the Agency.
All policies will be reviewed on a minimum of a three-year schedule by the
Quality Indicators Committee.
Regulation Title:
References:
Formulation, Revision, and
Code No:
Distribution of Board Policies and Regulations
Board Policy 203.1
203.1
Date of Adoption: July 11, 2007
REVISED: March 11, 2015
REVIEWED: 2008-09
The Mississippi Bend Area Education Agency will follow processes for developing and
reviewing policies and regulations.
The process for policy development will be:
1.
2.
3.
4.
5.
Preparation of policy by chief administrator or designee;
Legal review, if applicable;
Review by the Administrative Cabinet;
Review by the Quality Indicators Committee;
Submission to the AEA Board of Directors (Board) for first reading. If
directed by the Board, the Administrative Cabinet reviews and modifies
the policy proposal/revision. (The Board, by majority action, can waive
the second reading.)
6. Submission to the AEA Board for second reading. The process
for the three year review will be:
1. Review by the Quality Indicators Committee;
2. Review by the Administrative Cabinet;
3. Submission to the AEA Board for first reading. If directed by the Board,
the Administrative Cabinet reviews and modifies the policy
proposal/revision. (The Board, by majority action, can waive the second
reading.)
4. Submission to the AEA Board for second reading;
5. Policy proposal/revision incorporated into AEA Board Policy Manual.
All revisions and additions will be posted on the website within 30 days of Board
approval. All revisions and additions in all the 400’s and 800, 802, and 803 will be sent
electronically to all employees.
Section:
BOARD OF DIRECTORS
Code:
Policy Title:
Approval of Administrative Regulations
203.3
References:
REVIEWED: 2005-06; 2008-09
Administrative regulations will be developed by the chief administrator of the
Mississippi Bend Area Education Agency or a designee. The Board of Directors will
formally approve administrative regulations prior to their implementation.
Section:
BOARD OF DIRECTORS
Policy Title:
Committees of the Board
Code:
203.4
References:
REVISED: June 12, 1985; May 14, 1997; May 10, 2000; June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
The Mississippi Bend Area Education Agency Board of Directors (Board) will
meet as a committee of the whole, except the internal audit committee which is the only
standing committee.
Ad hoc committees may be appointed by the Board president with the duties to
be outlined at the time of appointment. An ad hoc committee will be considered
dissolved when its final report is made and accepted by the Board.
Section:
BOARD OF DIRECTORS
Code:
203.7
Policy Title:
Legal Counsel
References:
Chapter 279.37, Code of Iowa; Refer to Board Policy #202.7
REVISED: September 9, 1987; May 14, 1997; March 12, 2003; May 10, 2006;
June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
The Board of Directors (Board) will annually appoint legal counsel to represent
the Mississippi Bend Area Education Agency (Agency) as necessary for their proper
conduct of legal affairs of the Agency. Counsel will attend regular and special meetings
of the Board when requested to do so, and will be available for consultation as needed.
Because it is often necessary to consult legal counsel as part of background
information to be used by the Board in making decisions, and because at times the
Agency may be involved in litigation or other legal matters, employees authorized by the
chief administrator may consult with legal counsel. However, the Board wishes to be
kept informed of legal matters that are other than routine, and of any legal services that
may involve unusual expense to the Agency.
The Board president or designee may consult with legal counsel as necessary.
Section:
BOARD OF DIRECTORS
Code:
203.8
Policy Title:
References:
Iowa Code §§ 55; 68B; 71.1; 277.27; 279.7A; 301.28 (1997)
REVISED: June 12, 1985; May 14, 1997; May 10, 2006; June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
Mississippi Bend Area Education Agency Board members must be able to make
decisions objectively. It will be a conflict of interest for a Board member to receive
direct compensation from the Mississippi Bend Area Education Agency, unless exempted
in this policy, for anything other than reimbursement of actual and necessary expenses,
including travel, incurred in the performance of official duties. Board members will not
sell, in any one occurrence any goods or services having a value in excess of $2,000.00
unless the sale is made by the Board pursuant to an award or contract upon competitive
bid in writing, publicly invited and opened.
It will also be a conflict of interest for a Board member to engage in any outside
employment or activity which is in conflict with the Board member's official duties and
responsibilities. In determining whether outside employment or activity of a Board
member creates a conflict of interest, situations in which an unacceptable conflict of
interest will be deemed to exist will include, but not be limited to, any of the following:
1. The outside employment or activity involves the use of the Agency’s time,
facilities, equipment and supplies or the use of the Agency's business card or
other evidence of office to give the Board member or member of the Board
member's immediate family an advantage or pecuniary benefit that is not
available to other similarly situated members or classes of members of the
general public. For purposes of this section, a person is not "similarly
situated" merely by being related to a Board member.
Board Policy 203.8
Page 2
2. The outside employment or activity involves the receipt of, promise of, or
acceptance of money or other consideration by the board member or a
member of the Board member's immediate family from anyone other than the
state or the Agency for the performance of any act that the board member
would be required or expected to perform as part of the board member's
regular duties or during the hours in which the board member performs
service or work for the Agency.
3. The outside employment or activity is subject to the official control,
inspection, review, audit, or enforcement authority of the board member,
during the performance of the board member's duties of office or employment.
If the outside employment or activity is employment or activity in (1) or (2)
above, the Board member must cease the employment or activity. If the activity or
employment falls under (3), then the Board member must:

Cease the outside employment or activity; or

Publicly disclose the existence of the conflict and refrain from taking any official
action or performing any official duty that would detrimentally affect or create a
benefit for the outside employment or activity. Official action or official duty
includes, but is not limited to, participating in any vote, taking affirmative action
to influence any vote, or providing any other official service or thing that is not
available generally to members of the public in order to further the interests of the
outside employment or activity.
The payment of compensation to or employment of any family member will be
within the discretion of the Board. The Board will develop appropriate policies and
procedures when family members are employed at the Agency.
It will be the responsibility of each Board member to be aware of an actual or
potential conflict of interest. It will also be the responsibility of each Board member to
take the action necessary to eliminate such a conflict of interest. Should a conflict of
interest arise, a Board member should not participate in any action relating to the issue
from which the conflict arose.
Section:
BOARD OF DIRECTORS
Policy Title:
References:
Code:
203.9
Iowa Code § 68B.5, .8, .11(4); 722.1-.2 (1997); Administrative Regulation 203.9
REVISED: June 12, 1984; December 11, 1991; March 10, 1993; October 9, 1996;
June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
The Mississippi Bend Area Education Agency (Agency) complies with Iowa law regarding
employee gifts.
Iowa law narrowly defines the times when gifts can and cannot be received by public
employees. It is the intent of this policy to fully comply with both the letter and spirit of the
law. The offering and acceptance of gifts from certain restricted donors to public employees
and officials is illegal and can result in both the donor and donee being subject to criminal
prosecution. The Agency Board of Directors (Board) suggests letters of appreciation and
gratitude be used as an appropriate alternative to the practice of giving gifts.
To this end, Board members and employees may not, either directly or indirectly,
solicit or receive any gift, series of gifts, or honorarium unless:
1. The donor is not a "restricted donor" as that term is defined in the
accompanying regulation;
2. The gift or honorarium is not a "restricted gift" or "restricted honorarium" as
those terms are defined in the accompanying regulation;
3. The gift is of negligible value (less than $3.00) and the donor does not intend to
influence the Board member or employee's professional judgment.
Board members or employees may receive a "gift" (valued at more than $3.00) on
behalf of the Agency as long as ownership of the "gift" remains with the Agency and the gift
is available for use by all appropriate employees or Board members.
The chief administrator will develop regulations outlining the implementation of this
policy.
Regulation Title: Gifts/Internal and External
References:
Code No: 203.9
Board Policy 203.9
REVIEWED: 2005-06; 2008-09
Restricted Donor
For purposes of this regulation, a "restricted donor" is defined as a person or
entity which meets one (or both) of the following conditions:

is seeking to be, or is a party to, any one or any combination of sales,
purchases, leases or contracts to, from or with Mississippi Bend Area
Education Agency (Agency);

will personally be, or is the agent of a person who will be, directly and
substantially financially affected by the performance or non-performance
of the potential donee's official duty in a way that is greater than the
effect on the public generally or on a substantial class of persons to
which the person belongs as a member of a profession, occupation,
industry, or region.
Restricted Honorarium
For the purpose of this regulation a "restricted honorarium" is anything of value
that is accepted by, or on behalf of, an employee or member of the Board of Directors
(Board) as consideration for an appearance, speech or article.
Non-Restricted Honorarium
The following are examples of honorarium that do not meet the legal definition
"restricted honorarium" and therefore may be accepted by employees and Board
members:
Page 2
1. Actual expenses of an employee or Board member for registration, food,
beverages, travel, and/or lodging for a meeting, which is given in return for
participation in a panel or speaking engagement at the meeting when the
expenses relate directly to the day or days on which the employee or Board
member has participation or presentation responsibilities.
2. A payment made to an employee or Board member for services rendered as
part of a bona fide private business, trade or profession in which the employee
or Board member is engaged if the payment is commensurate with the actual
services rendered and is not being made because of the person's status as an
employee or Board member, but rather, because of some special expertise of
other qualification.
Restricted Gifts
For purposes of this regulation, a "restricted gift" is anything of value received by
an employee or Board member or the employee or Board member's immediate family
member from a restricted donor in return for which something of equal or greater value is
not given or received.
1.
For purposes of this regulation, the following are examples of restricted gifts
that cannot be accepted by Board members or Agency employees or
immediate family members from restricted donors as defined by this
regulation:
a. Discounts from businesses that are not available to the general public.
b. Beverages or food, except when the total cost of the beverage and/or
food is less than or equal to $3.00.
2.
For purposes of this regulation, the following are examples of restricted gifts
that cannot be given by Board members or Agency employees to any public
official, public employee, or candidate if the Board member or Agency
employee is considered a restricted donor to such person.
a. Lodging or transportation associated with a conference, workshop or
seminar;
b. Beverages or food associated with a conference, workshop or seminar
when the cost is more than $3.00.
The examples above are meant to be illustrative and not exhaustive.
Page 3
Non-Restricted Gifts
The following are examples of gifts that do not meet the legal definition of
"restricted gift" and therefore may be accepted by Agency employees and Board
members even though the donor may be a "restricted donor":

Informational material relevant to an employee's or Board member's official
function, such as books, pamphlets, reports, documents, periodicals, or other
information that is recorded in a written, audio or visual format;

Anything given by or to a person related within the fourth degree by kinship
or marriage, unless the giver is acting as an agent or intermediary for another
person not so related;

An inheritance;

Anything available or distributed to the general public free of charge without
regard to the official status of the employee or Board member;

Plaques or items of negligible resale value given as recognition of public
service;

Non-monetary items with a value of less than or equal to $3.00 that are
received from any one donor during one calendar day;

Funeral flowers or memorials to a church or nonprofit organization;

Actual registration costs for informational meetings or sessions which assist
an employee or Board member in the performance of their official functions.
The costs of food, drink, lodging, and travel are not "registration costs."
Meetings or sessions which an employee or Board member attends for
personal or professional licensing purposes are excluded from this provision.
The examples above are meant to be illustrative and not exhaustive.
Section:
BOARD OF DIRECTORS
Policy Title:
Meetings of the Board
Code:
204.0
References:
REVIEWED: 2005-06; 2008-09
Meetings of the Mississippi Bend Area Education Agency (Agency) Board of
Directors (Board) are conducted for the purpose of carrying on the business of the
Agency. Only Board members have the authority to make and second motions, and vote
on issues before the Board. The Board may establish rules for its own government and
determine procedures that will be followed during Board meetings. The meetings are
held in public with a few exceptions or exemptions as described in Policies 204.1 Open
Meetings, 204.2 Regular Meetings of the Board, 204.3 Special Meetings of the Board,
and 204.4 Closed Sessions of the Board. Meetings may be closed to the public to allow
the Board to discuss a specific topic from a narrow list of reasons and following the
procedures defined by law (see Policy 204.4 Closed Sessions of the Board).
Section:
BOARD OF DIRECTORS
Policy Title:
Open Meetings
References:
Code:
204.1
REVISED: March 12, 2003; June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
Any gathering of a majority of Mississippi Bend Area Education Agency
(Agency) Board of Directors (Board) members, either formal or informal, in which
deliberation of a policy matter takes place, is defined as a meeting. All such meetings,
unless specifically exempt from the Open Meetings Law, are required to have proper
notification, public access, open Board discussion and voting by the Board members on
the issues properly before the Board, and a public record of the proceeding in the form of
written minutes.
All public Board meetings will be conducted in accordance with the provisions of
Iowa law. The Board secretary will be responsible for public notification of all
meetings, arranging for recording, taking minutes of all meetings, and retaining
appropriate minutes and records as required by law.
The minutes will be kept on file as the permanent official records of school
legislation for the Agency. The Board secretary will be the authorized deputy of the
Board to maintain the minutes, and will make them available to any citizen who wishes
to examine them during usual office hours of the Agency.
Section:
BOARD OF DIRECTORS
Code:
Policy Title:
Regular Meetings of the Board
References:
Chapter 273.3 and 273.8, Code of Iowa
204.2
Date of Adoption: December 13, 1978
REVISED: June 12, 1985; September 11, 1996; June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
Regular meetings of the Mississippi Bend Area Education Agency (Agency)
Board of Directors (Board) will be held on the second Wednesday of each month, with
the following possible exceptions or additions:

No meeting will be held unless a quorum is present. A majority of the members
of the Board will constitute a quorum.

There will be a meeting of the Board with the Directors of the Eastern Iowa
Community College District at least once per year to discuss programs,
services and other matters of mutual interest to the two Boards.

Any regular meeting date may be changed with the approval of a majority of the
Board.
Regular Board meetings will be held at the offices of the Agency unless otherwise
approved by the Board in regular session. Regular meetings will commence at 5:00 p.m.
Central Standard Time (CST) and 5:00 p.m. Daylight Savings Time (DST) when DST is
in effect. Board retreats will commence at 11:30 a.m., CST and 11:30 a.m., DST when
DST in in effect.
Section:
BOARD OF DIRECTORS
Policy Title:
Special Meetings of the Board
Code:
204.3
References:
REVIEWED: 2005-06; 2008-09
Special meetings of the Mississippi Bend Area Education Agency Board of
Directors (Board) may be held at the request of the Board president when two or more
members of the Board approve such a request
New business may be taken up at a special meeting if all Board members have
been notified of said new business in the call of such meeting and if a quorum of the
Board is present.
Representatives of the media will be notified of all special meetings.
Section:
BOARD OF DIRECTORS
Policy Title:
References:
Code:
204.4
REVISED: September 1, 1996; March 12, 2003; June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
All meetings of the Mississippi Bend Area Education Agency Board of
Directors (Board) will be conducted in open public sessions. This standard has
two categories of meetings which are excluded. Both allow the Board to meet in
sessions closed to the public. The first category is known as "exceptions" to the
Open Meetings Law. The second category is known as "exemptions" to the Open
Meetings Law.
Exceptions to the Open Meetings Law – Executive Sessions
This form of a closed session takes place during an open meeting. A
specific motion stating the reason for the closed meeting will be made and
seconded, followed by a two-thirds affirmative roll call vote of the total
membership of the Board or all members present. The most commonly used
reasons by which a Board may enter into a closed session are as follows:

To review or discuss records which are required or authorized by state or
federal law to be kept confidential, or to be kept confidential as a condition
for the Board's possession or receipt of federal funds.

To discuss strategy with legal counsel in matters presently in litigation, or
where litigation is imminent, if disclosure would be to the disadvantage of
the Board.

To discuss specific law enforcement matters which, if disclosed, would
enable law violators to avoid detection.
Board Policy 204.4
Page 2

To evaluate the professional competence of an individual whose
appointment, hiring, performance, or discharge is being considered, when
a closed session is necessary to prevent needless and irreparable injury to
that individual's reputation and when the individual requests a closed
session.

To discuss the purchase of particular real estate, but only when premature
disclosure could be reasonably expected to increase the price the Board
would have to pay for the property. (Once the transaction is complete,
however, the minutes and recording of the closed session will be available
to the public.)
The vote of each Board member on the question of holding the closed session,
and the reason for holding the session, will be announced publicly in open session and
entered in the minutes. Final action on all matters discussed in closed session will be
taken in open session.
All closed sessions will be recorded and have detailed minutes kept. As with
other detailed minutes and recordings, these records will be kept only one year and then
destroyed.
Board members or authorized administrators may review detailed minutes or
recordings of closed sessions when necessary as part of their duties. However, the
general public cannot review detailed minutes or tape recordings of closed sessions
unless the court orders such review in an enforcement proceeding or the Board authorizes
public release.
Real estate related minutes and recordings must be released after the
transaction is complete.
Exemptions to the Open Meetings Law – Strategy Sessions
A meeting that is exempt from the Open Meetings Law can be held without public
notice and may be separate from any open public meeting.
Board Policy 204.4
Page 3
All negotiations meetings except the first two between a certified bargaining unit
and the Board are exempt from the Open Meetings Law unless both parties mutually
agree to bargain in open sessions.
The Board may meet at any time to discuss negotiation strategy regarding a
certified bargaining unit, to discuss negotiation strategy for groups of employees not
included in a certified bargaining unit, and to conduct a private hearing relating to the
recommended termination of a teacher's contract and the teacher requested said private
hearing.
There are no legal requirements for any type of a record to be maintained of the
negotiation strategy sessions. The private hearing in the teacher's contract termination
will be recorded verbatim by a court reporter.
Section:
BOARD OF DIRECTORS
Policy Title:
Notice for Board Meetings
References:
Chapter 21 and 279.2, Code of Iowa
Code:
204.7
REVIEWED: 2005-06; 2008-09
Public notice of all meetings of the Mississippi Bend Area Education Board of
Directors (Board) will be provided by posting the agenda on a bulletin board at the
Administrative Services office and at the site of the Board meeting. Notice will be given
at least 24 hours prior to the commencement of each meeting, and should include the
time, date, place, and tentative agenda. Notice will be provided to the news media and to
others who have filed a request for notice with the Board secretary. All requests for
notice must be renewed annually.
Notice of the call of a special meeting will be delivered to each Board member in
person, or by registered letter to his/her home at least 24 hours before the meeting. The
notice will specify the time, date, place, and tentative agenda of the meeting. Individual
Board members may waive the notification requirements for special meetings.
Attendance at the special meeting will constitute a waiver of notice.
An emergency meeting may be called with less than 24 hour notice when the
Board is required to meet for good causes to take immediate action. In an emergency,
when it is not possible to give 24 hours’ notice, the Board secretary will notify the media
who have requested notification, by telephone, and post the meeting notice, as far in
advance of the meeting as possible. The minutes of such an "emergency" meeting will
clearly state the good cause justifying the emergency meeting.
Section:
BOARD OF DIRECTORS
Policy Title:
Electronic Meetings
References:
Code:
204.8
REVISED: May 14, 1997; June 10, 2009
REVIEWED: 2005-06; 2008-09; 2014-15
When meetings of the Mississippi Bend Area Education Agency Board of
Directors are conducted by telephone or other electronic means, the following conditions
will be met:

Public access to the conversation will be allowed unless the meeting is covered
by an exception allowing a closed meeting. In the event a closed meeting is
necessary, a motion to close the meeting will be made, seconded and a vote
taken; the meeting will be tape recorded and minutes kept.

Advance notice will be given as for other meetings.

Minutes will be kept and will state the reason why a face-to-face meeting was
impossible or impractical.
Section:
BOARD OF DIRECTORS
Policy Title:
Parliamentary Procedure
References:
Code:
204.9
REVISED: June 12, 1985; June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
Parliamentary procedure not provided for in the Mississippi Bend Area Education
Agency Board Policies or statutes will be determined by Roberts Rules of Order Revised.
Section:
BOARD OF DIRECTORS
Policy Title:
Agenda
Code:
204.10
References:
REVIEWED: 2005-06; 2008-09
The compilation of the Mississippi Bend Area Education Agency Board of
Directors (Board) Agenda will be the responsibility of the chief administrator and the
Board president. Any Board member may submit an item to be included on the agenda
through the chief administrator or the Board president. The Board secretary will furnish
to the Board for its consideration, at least two days before a regular meeting, an agenda
which will set forth the order of business for that meeting and the minutes of the
previous meeting(s).
The agenda will be incorporated into the public notice given for each meeting of
the Board.
Regulation Title:
Timelines for Preparation of Monthly Code No:
Board Agenda
References:
Board Policy 204.10
204.10A
Date of Adoption: September 11, 1991
REVIEWED: 2005-06; 2008-09
The Mississippi Bend Area Education Agency will follow the timeline below when
preparing the Board of Directors (Board) agenda.
This timeline will be followed during the week prior to the scheduled meeting.
TASK
COMPLETED BY
Board secretary prepares a rough draft
list of proposed agenda items; reviewed
by chief administrator
Monday
Agenda materials are submitted to
Board secretary
Wednesday
Final Agenda has been reviewed by
chief administrator and sent to Print
Wednesday
Materials supporting Agenda items (but not
included in booklet) are delivered to Board
secretary (15 copies of supporting materials
are needed)
Friday
Board packets and agenda are mailed or
distributed
Friday
Regulation Title:
Format for Board Meetings
References:
Board Policy 204.10
Code No:
204.10B
REVIEWED: 2005-06; 2008-09
The following format will be used for the regular monthly meetings of the
Mississippi Bend Area Education Agency (Agency) Board of Directors (Board).
Call to Order - Roll Call
Staff Activities Report
1-99
Approval of Minutes
100
Delegations, Petitions, and Communications
200
Board and Committee Reports
300
Focus of the Agency
400
Chief Administrator's Report
500
Consent Agenda
600
Agency Presentations and/or Reports
Board Requests
Announcements
Adjournment
Section:
BOARD OF DIRECTORS
Policy Title:
Opportunity for Public Expression
Code:
204.11
References:
REVIEWED: 2005-06; 2008-09
The Mississippi Bend Area Education Agency’s (Agency) Board of Directors
(Board) as a representative body, recognizes the importance of the public's viewpoint
relative to the direction of programs in the Agency. Therefore, the following rules have
been established for patrons to efficiently and effectively give expression to their
comments and suggestions:

Public Forum - Each Board meeting will have on its agenda a specific time
entitled Open Forum, during which visitors and staff may address the Board on
matters of general concern. Individuals wishing to address the Board during the
Public Forum will be allowed five (5) minutes to express their view. The Board
imposed time limit may be extended by a majority vote of the Board following a
request to do so. Such a request may be made prior to the public forum, or after
an individual has addressed the Board for the five (5) minutes. Board members
will refrain from expressing personal opinions during the Open Forum unless
asked a direct question by a presenter recognized by the Board president as
having the floor. In compliance with Iowa Code, Board action cannot be taken
on matters discussed during the Open Forum unless the matter specifically
appears on the prepared agenda. (Code of Iowa, Section 21.4)

Speak to Agenda Item - Visitors or employees who desire to have an item
placed on the monthly board meeting agenda and speak on that item should
make their wishes known to the chief administrator prior to the distribution of
the monthly agenda. Upon receipt of a request to be heard, the chief
administrator will place the item on the agenda. The Board president will then
allow the visitor or employee to address the Board at the appropriate time. The
length of this presentation will be determined by the Board president.
Section:
BOARD OF DIRECTORS
Policy Title:
Complaints
References:
Code:
204.12
REVISED: September 14, 1994; May 11, 2011
REVIEWED: 2005-06; 2008-09; 2014-15
The Mississippi Bend Area Education Agency Board of Directors (Board)
recognizes that complaints and/or concerns may arise which involve employees, local
school staff, parents, students, applicants for employment, and other publics that need to
be addressed and resolved. The Board hereby authorizes the chief administrator to
develop and implement procedures to resolve these complaints.
Regulation Title:
Complaints
References:
Board Policy 204.12
Code No:
204.12
REVISED: November 11, 1992; September 14, 1994; May 10, 2000; May 10, 2006;
June 10, 2009; May 11, 2011; March 11, 2015
REVIEWED: 2005-06; 2008-09
It is the intent of the Mississippi Bend Area Education Agency (Agency) to
provide all groups with an opportunity to formally address complaints in an efficient and
appropriate manner through the established table of organization. Any person (employee,
local school staff, parent, student, applicants for employment, and other public
individuals) will have the right to file a formal complaint alleging non-compliance with:

Board policy or procedure,

any federal, state or local law or ordinance administrated by the Agency,

Title VI and VII of the 1964 Civil Rights Act, Title IX of the Education
Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the
Americans with Disabilities Act of 1991,
Or

On the basis of gender identity, race, color, national origin, creed, sexual
orientation, sex, religion, age, marital status, or disability.
Any person with a complaint will follow these steps except if the complaint is
made against the employee’s supervisor, then Step 1 may be omitted at the option of the
employee. Failure to follow these steps and timelines will constitute a bar to any further
appeal. However, timelines may be reviewed by mutual agreement.
STEP 1: Discuss the complaint with the supervisor most directly associated with
the complaint, with the intent of resolving the matter informally.
STEP 2: Give written notice of the dispute or complaint to the appropriate
supervisor using the complaint form no later than ten working days from
the date that the complaint/concern arises. The written notice will
clearly describe the events leading up to and surrounding the complaint
Complaints
Page 2
and a suggested or preferred resolution to the concern. Within five
working days after receiving notice, the supervisor will:
1. Schedule a meeting with the person to hear the complaint/concern;
2. Submit a written response to the person;
3. Forward a copy to the supervisor.
STEP 3: If dissatisfied with the response in Step 2, the complainant has five
working days after receiving the written response from Step 2 to submit
an appeal to the next higher supervisor.
Within five working days after receiving the appeal, the supervisor will:
1. Schedule a meeting with the person to hear the complaint/concern;
2. Submit a written response to the person;
3. Forward a copy to the supervisor.
STEP 4: Procedures will be repeated as necessary for each successive supervising
level until the chief administrator level then Step 4 is in force.
STEP 5: If dissatisfied with the chief administrator's response, the person has five
working days after receiving the written response to forward a complaint
to the president of the Board of Directors (Board), who will present the
complaint to the full Board. The Board may elect to hear the complaint
or rely just on the written record that has developed during the previous
steps. Complaints forwarded to the Board will receive a written
response within forty-five working days of receiving the complaint.
Appeals of the Board decisions may be made to the Iowa State Board of
Education by following procedures outlined in Chapter 290 of the Iowa
Code.
This procedure is expressly written to preclude individuals from formally or
informally ignoring the table of organization in an attempt to resolve complaints or
concerns. Staff that does not follow the prescribed procedure for addressing concerns
will be in violation of Agency policies and regulations.
Complaints
Page 3
Mississippi Bend Area Education Agency...
Complaint Form
I,
, am filing this complaint because:
Please attach additional sheets if necessary.
Describe the incident or occurrence as fully and accurately as possible:
Please attach additional sheets if necessary.
What remedy are you requesting?
Supervisor’s response to complaint (if applicable):
Complainant’s Signature
Date of Filing
Section:
BOARD OF DIRECTORS
Policy Title:
Minutes of Meetings
References:
Chapters 22 and 291.6, Code of Iowa
Code:
204.13
REVISED: June 12, 1985; June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
Records of all actions of the Mississippi Bend Area Education Agency Board of
Directors (Board) will be set forth in the official minutes of the board meetings. The
minutes will be kept on file as a permanent official record of all proceedings of the Board.
The Board secretary will act as custodian of the minutes and will make them available to
any citizen desiring to examine them. A recording of the meeting will be made and
maintained for a period of one year from the date of the meeting.
Every citizen of Iowa has the right to examine all public records and copy such
records. The right to copy the records is given provided the records remain in the
possession of the lawful custodian of them.
Copies of minutes will be prepared after each meeting and will be distributed to
members of the Board except that lengthy items such as salary lists or copies of other
reports included in the minutes may be excluded. Minutes of any given board meeting
will not become part of the official record until they have been approved by the Board at
the next regular meeting following the meeting for which the minutes were taken.
Section:
BOARD OF DIRECTORS
Policy Title:
Voting on Motions
Code:
204.14
References:
REVISED: June 12, 1985; May 10, 2000; March 12, 2003; June 10, 2009; March 11,
2015
REVIEWED: 2005-06; 2008-09
Voting on all motions and all resolutions at a Mississippi Bend Area Education
Agency Board of Directors meeting will be by roll call. Motions for adjournment need
not be a roll call vote. The directors' names and how each director voted will be recorded
in the minutes.
Section:
BOARD OF DIRECTORS
Policy Title:
Compensation for Expenses
References:
Code:
205.1
REVISED: October 12, 1994; March 11, 2015
REVIEWED: 2005-06; 2008-09
Members of the Mississippi Bend Area Education Agency Board of Directors
(Board) will serve without compensation but will be paid their actual and necessary
expenses including travel in performing their duties. All such claims must be
submitted in compliance with all Board policies and approved by the Board.
Section:
BOARD OF DIRECTORS
Code:
Policy Title:
Membership in State and National Associations
References:
205.2
REVISED: March 11, 2015
REVIEWED: 2005-06; 2008-09
It will be the policy of the Mississippi Bend Area Education Agency (Agency)
Board of Directors (Board) to maintain active membership in the Iowa Association of
School Boards. At the request of the Board, the Agency may maintain membership in
additional state and national associations. In addition, the Board may maintain
memberships in community organizations.
Section:
BOARD OF DIRECTORS
Policy Title:
Public Purpose
References:
Code:
205.3
Date of Adoption: November 6, 1985
REVISED: November 7, 1990; October 9, 1996; March 11, 2015
REVIEWED: 2005-06; 2008-09
Because public monies may be spent only for public benefit, expenditures of the
Mississippi Bend Area Education Agency will be made for public purposes only.
Expenditures of Agency funds strictly for gratification of Agency employees, or their
external customers (entertainment, parties, social affairs, and other pleasures) will not be
permitted.
The diversity of the Agency's activities makes it impossible to write a specific
policy to cover all possible events and circumstances. Concerns about a questionable
expenditure should be referred, in advance, to the chief administrator for determination of
the public purpose served. The basis for the determination must be documented and
maintained by the person making the request. The chief administrator or designee will
develop regulations outlining the implementation of this policy.
Regulation Title:
References:
Public Purpose: Expenditures for
Code No:
Meals, Refreshments, and Recognition
Board Policy 205.3
205.3
REVISED: May 10, 2000; May 8, 2001; April 9, 2003; June 9, 2004; September
8, 2004; August 8, 2007; January 9, 2008; June 10, 2009; March 11,
2015
REVIEWED: 2005-06; 2008-09
The Mississippi Bend Area Education Agency (Agency) complies with Iowa law
requirements regarding employee gifts.
A public employee will not, directly or indirectly, accept or receive any gift from a
restricted donor, and a restricted donor will not, directly or indirectly, offer or make a gift to
a public employee. A restricted donor, in part, is defined as a person who is seeking to be a
party to any contract, to, from or with the agency in which the donee is employed. The
Agency is a restricted donor with respect to school district employees.
I. Meals and Refreshments for Donees as to which the Agency is Considered a
Restricted Donor ("Restricted Donee")
A.
The Agency may provide meals and refreshments to a Restricted Donee if the
cost of the meal or refreshment does not exceed $3.00 per day.
B.
A Restricted Donee may receive food and drink given in return for the
Restricted Donee's participation in a panel or speaking engagement at a
meeting when the expenses relate directly to the day or days on which the
Restricted Donee has participation or presentation responsibilities.
C.
Meals or refreshments may be provided to a Restricted Donee if the cost of
such meal or refreshment is included as part of the registration fee that has
been paid by the Restricted Donee.
II. Meals and Refreshments for Agency Employees and Board of Directors
A.
The Agency may provide meals and refreshments to its employees and
Board members.
B.
Meals can be provided only when, in the judgment of the director or chief
administrator, not permitting a meal would substantially disrupt or hinder the
purpose of the meeting and when the meeting meets one or more of the
following criteria:
Expenditure for meals, refreshments, and recognition
Page 2
1.
Starts before 8:00 a.m.
2.
Runs through the noon hour.
3.
Runs past 5:00 p.m.
III. Recognition of Employees, Board Members, and Individuals that may be Restricted
Donees
A.
Plaques or similar items may be given as recognition for the public service of the
recipient
B.
In regard to Agency employees or Board members:
C.
1.
Expenditures for the recognition of employees at the Fall and Spring AllStaff Inservice are allowable if the expenditure is under $20.00 per
employee.
2.
Expenditures for the recognition of employees employed ten years or
more are allowable if the expenditure is under $20.00 per employee.
3.
Expenditures for the recognition of retiring employees or Board members
are allowable if the expenditure is under $50.00 per individual.
4.
Expenditures for a reception for all retiring employees and Board
members are allowable. Reception refreshments may include cake, coffee
and punch.
In regard to retiring Area Nine local superintendents
1.
A plaque or other item of negligible resale value may be given to the
retiring superintendent in honor of his or her public service.
2.
The Agency will purchase a book in memory of the retiring superintendent
and ask that it be placed in that school district's library. The book title will
be jointly selected by the Agency Coordinator of Quality Learning and the
local district lead media person. The cost of the book will not exceed
$50.00.
Section:
BOARD OF DIRECTORS
Policy Title:
Records Retrieval
Code:
205.4
References:
REVISED: May 10, 2006; June 10, 2009
REVIEWED: 2005-06; 2008-09; 2014-15
From time to time, Mississippi Bend Area Education Agency (Agency) is
requested to act as the legal custodian for various school records. The Agency will
maintain any such records separately and maintain any confidentiality requirements of
those records. This service will be provided pursuant to separate agreement and payment
of the actual costs of providing the service.
Any records requests for Agency or other records are subject to Iowa Code
Chapter 22. The Agency reserves the right to charge a reasonable retrieval and/or
copying fee to any requesting individual to reimburse it for the actual cost of the retrieval
and/or copying.
Section:
BOARD OF DIRECTORS
Policy Title:
Anticipatory Warrants
References:
Code of Iowa 291.1 and 291.8
Code No:
205.5
REVISED:
REVIEWED: 2014-15
The Mississippi Bend Area Education Agency’s (Agency) Board of Directors’
(Board) treasurer may provide for the payment of Agency obligations through issuance of
anticipatory warrants if adequate funds are not available. The warrants will be drawn on a
bank designated as a depository by the Board and be subject to such interest charges as are
authorized by statute. Any exceptions must be specifically authorized by the Board.
The procedures for managing and redeeming anticipatory warrants will be
determined by the Board treasurer in consultation with the depository. The Board treasurer
will be authorized to redeem warrants and provide for payment of any interest expense on
outstanding warrants when funds become available. Any authorization for payment of
warrants and interest will be signed by the Board president and Board secretary in
accordance with Code of Iowa Chapter 291.1 and 291.8.
Section:
BOARD OF DIRECTORS
Code:
Policy Title:
References:
Board Policy 205.1
206.0
Date of Adoption: April 9, 1986
REVISED: October 12, 1994; June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
The Mississippi Bend Area Education Agency Board of Directors (Board) will be
authorized and encouraged to attend and participate in conventions and meetings that
address the interests of individual board members and the collective needs of the Board.
Official travel by Board members will be coordinated through the Board
secretary, and must have prior approval of the Board president.
To determine the nature and number of acceptable trips an individual Board
member may take in a fiscal year, the following guidelines will be used by the Board
president when authorizing individual Board travel, along with consideration of available
funding:
1. Each Board member will be allowed to attend one national convention each
year.
2. Each Board member will be allowed to attend all of the Iowa Council of
Boards of Area Education Agencies regular meetings.
3. Each Board member will be allowed to attend the annual Iowa Association of
School Boards state convention.
4. Each board member will be allowed to attend any meeting at which their
attendance is required or requested as a result of their serving as an officially
appointed representative of the Board.
5. Each Board member will be allowed to attend in-state professional
development meetings and/or conventions only after receiving written
approval of the Board president. Permission shall be granted only when a
need is clearly identified and the meeting or conference is designed to
specifically meet that need (i.e., New Board Member ABLE training, etc.).
Board Policy 206.0
Page 2
6. Each Board member may also attend, in addition to the meetings and
conferences listed above, any meeting or conference at which they have been
asked to represent the board as a presenter.
Each Board member attending a convention or meeting will be expected to report
either in writing or verbally to the total Board at the next regularly scheduled board
meeting following the convention or meeting.
Regulation Title:
Meeting Reports by Board Members Code No:
References:
Board Policy 206.0
206.0
REVIEWED: 2005-06; 2008-09
The following guidelines have been established to facilitate the reports presented
by Mississippi Bend Area Education Agency (Agency) Board of Directors (Board)
members at Board meetings in connections with conventions, conferences, workshops,
seminars and other meetings they have attended as representatives of the Agency.
1. Following the convention, conference, workshop, seminar or meeting, Board
members should submit their notes to the chief administrator to be prepared
for distribution. Copies of the printed notes will be distributed to other Board
members prior to the board meeting at which the report has been scheduled.
2. Materials and handouts in connection with the convention, conference,
workshop, seminar or meeting should be distributed outside the regular Board
meeting. Items to be duplicated should be submitted to the chief
administrator prior to the meeting at which the report will be made and
distributed appropriately.
3. Reports by Board members at regular board meetings should be limited to
highlighting relevant points contained in their printed notes. Individual Board
members who want additional detail about a particular session or meeting can
contact the reporting Board member outside the Board meeting.
Section:
BOARD OF DIRECTORS
Policy Title:
Board Member Insurance
References:
Chapter 613A.7, Code of Iowa
Code:
206.3
REVISED: May 14, 1997; March 11, 2015
REVIEWED: 2005-06; 2008-09
The Mississippi Bend Area Education Agency (Agency) will carry insurance to
protect the Agency, the Board of Directors and its members from legal liability while
acting in behalf of the Agency.
BOARD POLICIES
Administration, Series 300
300
300.0
301
301.1
301.2
301.3
301.4
302
302.1
302.2
302.3
302.4
Statement of Guiding Principles
300.0A Agency Committees
Administrator
Chief Administrator - Qualifications
Chief Administrator - Appointment
Chief Administrator – Functions
Evaluation of the Chief Administrator
301.4 Evaluation Procedures
Directors
Director Positions
Director Qualifications
Director Appointment
Director Functions
303
303.1
303.2
303.3
303.4
303.5
303.6
Administrative and Administrative Support Personnel
Definition: Licensed Administrative Staff
Definition: Classified Administrative Staff
Definition: Administrative Support
Licensed and Classified Administrator Functions
Licensed and Classified Administrator Evaluation
312.1
Professional Dues
314.1
314.2
Discharge/Dismissal of Licensed Administrative Personnel
Employment Termination of Classified Administrators and
Administrative Support Staff
312
314
Section:
ADMINISTRATION
Policy Title:
Code:
300.0
References:
REVISED: May 14, 1997; May 10, 2006; March 11, 2015
REVIEWED: 2005-06; 2008-09
The chief administrator will be the chief administrative officer of the Mississippi
Bend Area Education Agency (Agency). He or she will serve as professional advisor to
the Board of Directors and be directly accountable to them.
The chief administrator will be responsible for guiding and directing all services
and activities of the system and for informing the Board of needs of the Agency and of
the local school districts therein.
Responsibility for the recommendation of policy formulation to the Board and the
execution and evaluation of policy after adoption by the Board rests with the chief
administrator.
The chief administrator is to provide leadership in the continuous study and
improvement of all operations and activities of the Agency and in communicating with
various publics of the area concerning the services provided and the needs for other
services.
Regulation Title:
Agency Committees
References:
Board Policy 300.0
Code No:
300.0A
REVISED: April 12, 2000; March 12, 2003; June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
The purpose of this regulation is to clarify the function and use of committees to
make both strategic and operational decisions. Strategic decisions are defined as determining
what needs to be done and operational decisions are defined as determining how a task is
conducted. When Mississippi Bend Area Education Agency committees are formed for
issues involving more than one department or more than one unit (PSO, CWA,
Administration, Administrative Support), the groups represented by Solution Focused
Bargaining Council (SFBC) will have the opportunity to be the sole representative of their
constituency. All committees must be approved by a director or coordinator.
Committee Process
The following procedures are used for existing committees and for committees that
are being formed.
The committee initiator:
1. Will complete the Committee Development Form.
2. Will determine if the committee involves more than one department or more
than one unit.
3. Will contact each unit regarding their sole representation when appropriate. If
any unit wants sole representation, that unit shall provide committee members.
If any unit declines sole representation, the committee initiator shall select
committee members. The number of committee members needed will be
determined by the committee initiator.
4. May select a director or coordinator to be the committee chair. If not a
director or coordinator, then the chair will be selected by the committee.
5. Will conduct the first meeting of the committee to assist in chair selection, if a
director or coordinator is not the chair.
Administrative Regulation 300.0A
Agency Committees
Page 2
6. May appoint committee members based on the committee task and the
expertise required. These members will not represent any bargaining group.
COMMITTEE DEVELOPMENT FORM
To be completed by the Committee Initiator
A. Committee Initiator
B. Committee Title
C. Committee Task
D. Purpose of the Committee
Recommendation
Feedback
New Ideas
Other
E. Nature of the Committee
Ad hoc
One time
Standing
F. Recipient of the committee work
3/03
Committee Development Form
Page 2
Committee Title:
Chairperson Name:
Committee Chairperson Responsibilities
1. Distribute Committee Development Form.
2. Facilitate meeting dates, times, frequency and location.
3. Provide necessary background information.
4. Writing and distributing meeting summaries and agendas.
5. Publish ongoing activity as determined by the committee.
6. Inform the committee of how the report will be processed.
7. Share a final draft of the report with committee members for their feedback.
8. Send a final report to the committee initiator.
Committee Membership:
Committee Guidelines
1. Decisions will be communicated to members of the committee and others affected by the
decision. Members of committee will be informed of decision before it becomes public.
Rationale for final decisions will be provided to committee members.
2. Before decisions are made by individuals or committees, consideration will be given to
those who will be affected and their input sought.
3. Information from a variety of sources will be used in decision making.
4. Once consensus has been reached for a decision, individuals and the group they represent
will support the decision outside of the committee.
3/03
Section:
ADMINISTRATION
Code:
Policy Title:
Chief Administrator - Qualifications
References:
301.1
REVIEWED: 2005-06; 2008-09
The chief administrator at the Mississippi Bend Area Education Agency will hold
an advanced degree in educational administration and the appropriate Iowa Board of
Educational Examiners endorsement for this position.
Section:
ADMINISTRATION
Code:
Policy Title:
Chief Administrator - Appointment
References:
Chapter 272; 273.3; 279.20, Code of Iowa
301.2
REVIEWED: 2005-06; 2008-09
The Mississippi Bend Area Education Agency’s Board of Directors (Board) will
employ a properly licensed chief administrator whose term of office will not exceed
three years. However, the Board's initial contract with a chief administrator will not
exceed one year if the Board is obligated to pay a former Chief Administrator under an
unexpired contract.
Section:
ADMINISTRATION
Policy Title:
Chief Administrator - Functions
References:
Code:
301.3
REVISED: July 13, 1988; May 14, 1997; June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
The Mississippi Bend Area Education Agency’s (Agency) chief administrator
will have the authority to organize, reorganize and arrange the administrative and
supervisory staff of the Agency, including instructional and business affairs, in a
manner that best serves the Agency. The responsibility for selection, placement and
transfer of personnel will be vested in the chief administrator subject to approval by the
Board of Directors (Board); and the Board, individually and collectively, will refer
promptly all criticisms, complaints, and suggestions called to its attention to the chief
administrator for study and recommendation.
The chief administrator will:

Act as executive officer of the Board.

Accept broad authority and responsibility of the office of the chief
administrator.

Recruit and make personnel recommendations concerning employment,
promotion, and dismissal to the Board of Directors.

Make policy recommendations to the Board of Directors.

Approve budget document and make budget recommendations to the Board.

Evaluate effectiveness of staff programs and activities with the aid of other
administrative personnel and recommend needed changes.

Exercise leadership and assist in implementing, coordinating, and developing
all programs and activities.
Board Policy 301.3
Chief Administrator – Functions
Page 2

Cooperate with boards of directors of local school districts of the Area
Education Agency in considering and developing plans for the
improvements of educational programs and services in the Area Education
Agency.

Execute all powers and duties as provided by the Code of Iowa
under direction of the Board.
Specific enumeration of duties of the chief administrator as detailed above will not
act to limit the broad authority and responsibility of the office.
Section:
ADMINISTRATION
Code:
Policy Title:
Evaluation of the Chief Administrator
References:
301.4
REVIEWED: 2005-06; 2008-09
It will be the responsibility of the Mississippi Bend Area Education Agency’s
(Agency) Board of Directors to annually review the professional performance of the
chief administrator. The primary purpose of the review is to allow the chief
administrator to identify personal growth area(s) related to the Agency’s Mission.
Regulation Title:
Chief Administrator Evaluation Procedures Code No:
References:
Board Policy 301.4
301.4
REVISED: May 10, 2000; May 10, 2006; June 10, 2009; March 11, 2015; May 11, 2016
REVIEWED: 2005-06; 2008-09
The chief administrator will be evaluated annually by the Board. The evaluation
will objectively and confidentially evaluate the chief administrator’s performance using
the following evaluation cycle:
August Board Retreat
1. Chief administrator creates and shares proposed plan for performance goals
based on Agency goals and Iowa Standards for School Leaders. The goals are
mutually agreed on by the Board and the chief administrator.
October Board Retreat
2. Board president and chief administrator review evaluation process and forms
with the new Board members following the election.
February Board Retreat
3. Chief administrator makes interim progress reports on Agency goals and
performance goals relating to the current year to the Board, if requested by the
Board. Chief administrator and Board also clarify vision, mission, and longrange plans for Agency.
May Board Retreat
4. Chief administrator and Board conduct a conversation on Agency goals and
the chief administrator’s performance goals. The meeting must follow the
provisions of Iowa’s open meetings law Ch. 21.5(a) or 21.5(i). In this
meeting, the chief administrator and Board engage in open conversation
where the chief administrator demonstrates a self-assessment of progress
toward goals to the Board, and the Board shares feedback and comments on
performance with the chief administrator. Documentation of this conversation
in the minutes can serve as the final record of the evaluation if the meeting is
approved as sufficient by a vote of the Board and agreement of the chief
administrator.
5. Either the Board or chief administrator can initiate an extended process,
beginning with a request of further reflections and supporting artifacts to be
provided to the Board by the chief administrator. Furthermore, a request can
be made by vote of the Board or request of the chief administrator for
Board Policy 301.4
Chief Administrator Evaluation Procedures
Page 2
individual Board members to complete evaluation forms. Additional
materials from the chief administrator and evaluation forms from Board
members will be used in a follow-up Board evaluation session. If this process
is used, Board members meet in a follow-up evaluation session to discuss
their evaluations and develop a Board’s official written document(s) that will
be shared with the chief administrator following the meeting. This meeting
must also follow the provisions of Iowa’s open meetings law Ch. 21.5(a) or
21.5(i). The resulting Board’s official evaluation document(s) is/are shared,
clarified and discussed with the chief administrator, following the open
meetings/open records laws. Changes to the evaluation may be made as a
result of the discussions. Remediation targets (if any) will be included as a
part of the final evaluation document(s) as a confidential personnel record.
6. A copy of either the minutes of the initial Board/chief conversation, or the
final written evaluation form, is placed in the chief administrator’s personnel
folder, as record of the Board’s annual evaluation.
7. Iowa law requires that notification of a Board’s intent to terminate the contract
of a chief administrator occur by May 15. This topic/process may be further
clarified in the chief administrator’s contract.
The goal of the chief administrator’s formal evaluation is to ensure the education
program for the students served by the Agency is carried out, promote growth in
effective administrative leadership, clarify the chief administrator’s role, clarify the
immediate priorities of the Board, and develop a working relationship between the
Board and chief administrator.
As indicated by Iowa’s Standards for School Leaders, the chief administrator will
be an educational leader who promotes the success of all students by:

Facilitating the development, articulation, implementation, and stewardship of
a vision of learning that is shared and supported by the Agency.

Advocating, nurturing and sustaining a culture conducive to student learning
and staff professional development.

Ensuring management of the organization, operations and resources for a safe,
efficient and effective learning environment.

Collaborating with families and community members, responding to diverse
community interests and needs and mobilizing community resources.

Acting with integrity, fairness and in an ethical manner.
Board Policy 301.4
Chief Administrator Evaluation Procedures
Page 3

Understanding the profile of the community and responding to and
influencing the larger political, social, economic, legal and cultural context.
The formal evaluation will be based upon the following principles:

The evaluation criteria will be in writing, clearly stated and mutually agreed
upon by the Board and the chief administrator.

The criteria will be related to the job description, Iowa Standards for School
Leaders, and the Agency’s goals.
This regulation supports and does not preclude the ongoing, informal evaluation
of the chief administrator’s skills, abilities and competence.
Section:
ADMINISTRATION
Policy Title:
Director - Positions
References:
Code:
302.1
REVIEWED: 2005-06; 2008-09
A Mississippi Bend Area Education Agency director will be employed as
recommended by the chief administrator and approved by the Board of Directors. Each
director will be responsible to the chief administrator and will perform such duties as
may be assigned by the chief administrator.
Section:
ADMINISTRATION
Policy Title:
Director - Qualifications
Code:
302.2
References:
REVIEWED: 2005-06; 2008-09
Each Mississippi Bend Area Education Agency division director will have earned
a minimum of a Master's Degree from an accredited college or university and hold the
Iowa Board of Educational Examiners endorsement, if required, for the position.
Directors must have the educational background and experience necessary to perform the
specific functions as described by the job description for that position.
Section:
ADMINISTRATION
Policy Title:
Director - Appointment
References:
Code:
302.3
REVIEWED: 2005-06; 2008-09
Mississippi Bend Area Education Agency directors will be appointed by the
Board of Directors upon the recommendation of the chief administrator for a one year
contract.
Section:
ADMINISTRATION
Policy Title:
Director - Functions
Code:
302.4
References:
REVIEWED: 2005-06; 2008-09
Subject to the policies of the Mississippi Bend Area Education Agency Board of
Directors, the Code of the State of Iowa, the Department of Education rules and
regulations, and the directives issued by the chief administrator, a director will have full
responsibility for his or her assigned duties, its employees, and all programs and
services.
Section:
ADMINISTRATION
Code:
303.1
Policy Title:
Administrative and Administrative Support Personnel
References:
REVIEWED: 2005-06; 2008-09
Salaries and benefits will be determined annually by the Mississippi Bend Area
Education Agency’s Board of Directors upon recommendation of the chief
administrator.
Section:
Policy Title:
References:
Date of Adoption:
REVISED:
ADMINISTRATION
Code:
Definition: Licensed Administrative Staff
303.2
October 14, 1992;
May 14, 1997; May 10, 2000; March 12, 2003; June 8, 2011; March 11,
2015
The following positions have been established as licensed administrative positions
for the Mississippi Bend Area Education Agency that require in force licenses issued by
Board of Educational Examiners (BOEE) that equal or exceed the license requirement
listed on the job description.
Chief Administrator
Executive Director
Coordinators
Assistant Coordinators
Head Positions
Section:
ADMINISTRATION
Code:
Policy Title:
Definition: Classified Administrative Staff
303.3
References:
REVISED: May 14, 1997; May 10, 2000; March 12, 2003; May 10, 2006;
June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
The following positions have been established as classified administrative
positions for the Mississippi Bend Area Education Agency. Classified administrators will
meet the posted job requirements prior to employment.
Business Manager/Head of Accounting
Administrative Assistant/Board Secretary
Coordinator of Information Technology
Head of Information Technology
Head of Environmental and Facility Services
Section:
ADMINISTRATION
Policy Title:
Definition: Administrative Support
Code:
303.4
References:
REVISED: May 14, 1997; May 10, 2000; March 12, 2003; May 10, 2006;
June 10, 2009; March 11, 2015
REVIEWED: 2005-06; 2008-09
The following positions have been established as administrative support
positions for the Mississippi Bend Area Education Agency. Administrative support staff
will meet the posted job requirements prior to employment.
Executive Secretaries
Administrative Secretaries
Parent/Educator Facilitators
Human Resource Specialist
Communication Facilitator
Payroll/Employee Benefits Specialist
Section:
ADMINISTRATION
Code:
Policy Title:
Licensed and Classified Administrator – Function
303.5
References:
REVIEWED: 2005-06; 2008-09
All Mississippi Bend Area Education Agency administrators will serve in the
position for which they are hired and will implement all policies and procedures
established by the Board of Directors and delegated to them by the chief administrator.
Such staff will implement all policies and procedures and conduct all duties as assigned.
Section:
ADMINISTRATION
Code:
Policy Title:
Licensed And Classified Administrator Evaluation
303.6
References:
REVIEWED: 2005-06; 2008-09
All Mississippi Bend Area Education Agency administrators will be evaluated
annually by the chief administrator and/or designee according to the Board of Directors
adopted evaluation procedure.
Regulation Title:
Administrator Evaluation System
References:
Board Policy 303.6
Code No:
303.6
Date of Adoption:
August 11, 2010
REVISED:
June 8, 2011; March 11, 2015
REVIEWED:
A.
Purpose
The two essential purposes of the Administrator Evaluation System (Evaluation
System) are 1) quality assurance and 2) continuous improvement. Quality assurance
represents the accountability function within the Evaluation System and answers the
question “Did the Administrator’s job performance meet professional standards?”
Continuous improvement represents the professional development function of the
Evaluation System and answers the question “Did the Administrator demonstrate
improved job performance as a result of the application of new learning?”
Job performance of Agency administrators will include successful leadership and
management of three essential processes: 1) the people process with special emphasis on
the selection, development, engagement, supervision and evaluation of staff, 2) the
strategy process that results in an action plan that the Agency can rely on to reach its
goals, and 3) the operations process that translates the action plan into reality and results.
Additionally, each Administrator is responsible for his or her professional growth and
development that will be articulated through the establishment of measurable goals and
evidenced by the collection and analysis of data.
The Evaluation System is intended to provide a structured, supportive, and
collaborative environment that will maximize the effectiveness of the Administrator for
the ultimate purpose of improving student achievement.
Page 2
B. Overview
The Evaluation System consists of practices and procedures that will assist the
administrator in demonstrating effectiveness and continuous improvement. Included
are the following:

Artifact development, reflection, and review.
Artifacts will include:
o Collection of and reflection on defined performance data/evidence
o Development, implementation, and assessment of an Individual
Professional Development Plan.

Observations conducted by the supervisor/evaluator (formal and informal)

Additional data or information gathered by the Administrator and/or
supervisor/evaluator.

Summative evaluation completed by the supervisor/evaluator.
The Evaluation System will be supported by supervisors/evaluators who will
manage both the technical aspects of the Evaluation System as well as the artful
implementation of its processes and procedures.
C. Background
The process of “coaching” an Administrator is very important to the entire
improvement effort of the Agency. This process defines expectations, enhances
communication, prioritizes Agency goals and encourages supervisors/evaluators to focus
their attention on the Administrator’s role in improving achievement of each and every
student we serve.
Administrator evaluation should reflect a systems approach. Such an approach
should be guided by a set of Operating Principles that undergird the work so both the
Administrator and his or her supervisor/evaluator can operate in an integrity-filled
manner.
Page 3
Senate File 277, enacted by the 2007 Iowa Legislature, and Chapter 83 of the
Teacher and Administrator Quality Programs code (2008) requires that Agency
administrators be evaluated based on the six Iowa Standards for School Leaders (ISSL).
The law requires an annual formative assessment around the Administrator’s Individual
Professional Development Plan (IPDP). The three-year summative evaluation requires
documentation of competence on the six ISSL standards, meeting of Agency’s
expectations drawn from the Agency’s Comprehensive Improvement Plan (CIP) and
Professional Development Plan, Individual Professional Development Plan (IPDP)
attainment, and other supporting documentation. Chapter 83 also states that by the end of
a beginning administrator’s first year of employment, the beginning administrator will be
comprehensively evaluated to determine if the Administrator meets expectations to move
to a professional administrator license (if applicable).
Operating Principles
An effective administrative performance evaluation process must:

Align with the Iowa School Leadership Standards and Criteria.

Be intended to acknowledge strengths and improve performance.

Connect academic, social, emotional and developmental growth for all students in
the system.

Recognize the importance of an Administrator's role in improving the culture of
the learning community.

Have research-based criteria about effective administrator behaviors
which are substantiated by measurable data from multiple sources, and
are legal, feasible, accurate and useful.

Provide opportunities for personal and professional growth as a
facilitator/leader of learning.

Be ongoing and connected to Agency improvement goals and areas of focus.

Align Agency goals with Iowa’s vision for education.
Section:
ADMINISTRATION
Policy Title:
Professional Dues
Code: 312.1
References:
REVISED: May 10, 2006; June 10, 2009
REVIEWED: 2005-06; 2008-09; 2014-15
Mississippi Bend Area Education Agency (Agency) will pay professional dues for
administrators for individual membership in the professional organizations which relate to
their current administrative assignment. The Agency will not pay dues to any
organization that directly or indirectly engages in collective bargaining.
Section:
ADMINISTRATION
Code:
314.1
Policy Title:
Discharge/Dismissal of Licensed Administrative Personnel
References:
Chapter 279.23-279.25, Code of Iowa
REVIEWED: 2005-06; 2008-09
The Mississippi Bend Area Education Agency’s procedure for dismissal
(immediate or at the end of the contract year) will be as provided in Iowa Code Chapters
279.23 to 279.25.
The chief administrator may suspend an administrator, with or without pay,
pending a hearing and determination by the Board of Directors.
Section:
ADMINISTRATION
Code:
314.2
Policy Title:
Employment Termination of Classified Administrators and
Administrative Support Staff
References:
REVISED: October 14, 1992; May 14, 1997; May 10, 2000; June 10, 2009; March 11,
2015
REVIEWED: 2005-06; 2008-09
Employment for the Mississippi Bend Area Education Agency’s classified
administrative and administrative support personnel may be terminated for cause after
two weeks’ notice by the chief administrator upon recommendation of the employee's
supervisor. The employee may request a review of the reasons for termination with the
Board of Directors within five working days of the notice of termination. Unless the
parties mutually agree, all hearings and/or meetings will be closed to the public.
BOARD POLICIES
Staff Personnel, Series 400
400
400.1
400.2
400.3
400.4
400.5
400.6
400.7
400.8
401
401.1
401.2
401.3
401.4
401.5
401.6
Compensation Philosophy
400.2A
Position Classification Procedures
400.2B
Compensation for Supplemental Contracts
400.2C
Substitute Teachers
Eligibility for Benefits
Staff Conflicts of Interest
Suspension
400.5A
Suspension – Licensed Staff
400.5B
Suspension – Classified Staff
Discipline Options
400.7
Discipline Options
Family and Medical Leave
400.8
Staff Personnel - Professional
Educational Equity and Equal Employment Opportunity
401.1A
Educational Equity and Equal Employment
Opportunity
401.1B
Employees with Disabilities
401.1C
Employees with Disabilities – Request for
Accommodations under the ADA
Selection of Agency Staff
Qualifications
Licensed Personnel – Definition
401.5
Licensed Probation
Verification of Criminal Conviction Records
401.6
Criminal Conviction Records Procedure
402
402.1
402.2
402.3
402.4
402.5
Original Contracts of Personnel
Continuing Contracts of Licensed Personnel
Assignment and Transfer of Personnel
Salary Level Placement – Licensed Staff
Series 400
Page 2
403
403.1
403.2AResignation of Licensed Staff
403.2B
Resignation of Non-Licensed Staff
403.3
403.4
Reduction in Force
404
404.1
404.2
Leaves of Absence
Work Schedules and Calendars
404.1A
Flex-Time Procedures
404.1B
Work Hours
404.1C
Calendar Approval and Change Procedures
404.1D
Severe Weather Condition Closing
Procedures
404.1E
Request for Permanent Variation from
Normal Work Hours
404.1F
404.1G
Home Office
405
405.1
405.2
405.3
405.4
405.5
405.6
405.7
405.8
405.9
405.10
405.11
Conflicting Employment
Safety Committee
405.7
Safety Committee
Harassment
Communicable Disease
405.9
Drug Free Workplace
405.10
Drug Free Workplace
Violence in the Work-Place
406
406.1
406.2
406.3
406.4
Substitute Employees
406.2A
406.2B
Temporarily Filling Open Positions
Temporary Employees
406.3
Temporary Employees
Shared-Time Staff
406.4
Shared-Time Staff
Series 400
Page 3
407
407.1
Staff Personnel - Classified
Classified Personnel: Definition
408
409
410
410.1
410.2
Alleged Abuse of Students
410.1
Child Abuse Reporting Procedures
Anti-Bullying/Harassment Policy (Students)
Section:
STAFF PERSONNEL
Code:
Policy Title:
STATEMENT OF GUIDING PRINCIPLES
References:
Chapters 20.16 and 279.12, Code of Iowa
400.0
REVISED: June 10, 1998; June 20, 2007; June 12, 2013
REVIEWED: 2006-07
The success of the Mississippi Bend Area Education Agency (Agency) depends
upon the interaction of its systems and its employees. Therefore, it will be the policy of
the Board of Directors (Board) to recruit and retain the finest quality employees possible.
The Board will appoint employees upon the recommendation of the chief administrator of
the Agency.
The Board will provide a program of continuous growth for all employees.
Section:
STAFF PERSONNEL
Code:
400.2
Policy Title:
COMPENSATION PHILOSOPHY
References:
Administrative Regulations 400.2A, 400.2B, and 400.2C
REVIEWED: 2006-07, 2009-10
The Mississippi Bend Area Education Agency (Agency) will provide employees
with competitive compensation in the form of wages and fringe benefits. The Agency
will base its analysis of competitive wages and fringe benefits on statewide and/or
regional comparisons. Agency priorities, legislative mandates, and budget constraints
will also be considered in formulating Agency compensation.
Regulation Title:
References:
Board Policy 400.2
Code No:
400.2A
REVISED: June 10, 1998; May 12, 2004; June 20, 2007; June 12, 2013
REVIEWED: 2006-07
The purpose of these classification procedures is to establish a systematic process
to maintain internal position equity and external salary equity for Mississippi Bend Area
Education Agency (Agency) employees. A comprehensive Position Classification and
Salary Review will be conducted annually according to a three year cycle wherein groups
are reviewed once every third year.
If major changes in function and/or tasks occur during the time between annual
comprehensive position classification review, individual positions may be reviewed if
authorized by the chief administrator.
Specific Procedures
 During October of each year, the Director of Strategic Management and
Evaluation will develop a position classification and salary review plan for the
employee group to be reviewed that year and submit it to the chief
administrator for review.
 The position review group consisting of platform directors will be convened.
 A committee of eight employees will develop the job review questionnaire
(five appointed by the group being reviewed and three by the Agency).
 Job descriptions will be reviewed and updated by the employee and his or her
supervisor.
 A point system will be used when necessary to differentiate jobs and internal
equity within a classification group. Note: Adjustments may be required
when labor market demand is clearly the dominant factor in recruitment and
salary schedule placement.
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 The Director of Strategic Management and Evaluation will obtain external
salary survey data for direct and bench mark comparisons with Agency
position salaries.
 Salary ranges will be developed through a combination of data from external
sources and the compensation philosophy of the Agency.
 Position classification and salary review adjustments will normally be
included with the annual salary and fringe benefit package that is sent to the
Board of Directors for approval, and will become effective on July 1 of the
next fiscal year.
Regulation Title: Compensation for Supplemental Employment Code No:
References:
400.2B
Board Policy 400.2
Date of Adoption: August 18, 1993
REVISED: November 8, 1995; June 9, 1999; August 8, 2001; May 12, 2004; April 13,
2005; February 8, 2006; June 20, 2007; June 10, 2009; June 9, 2010;
November 10, 2010; June 8, 2011; June 12, 2013; June 10, 2015;
June 8, 2016
REVIEWED: 2006-07, 2009-10, 2010-11
The following procedures will be used to compensate people hired by the
Mississippi Bend Area Education Agency (Agency).
 Graduate and Relicensure course instructors:
o Salary for teaching Graduate and Relicensure courses will be $750 per
Graduate/Relicensure hour and each Graduate/Relicensure hour requires
15 clock hours of instruction.
o There will be a $25 increase or decrease per student for class size greater
or fewer than 12.
o Contracts must be completed prior to payment.
 Student Programs’ instructors for K-12 student courses:
o College for Kids
o Computer Camp
o Kid University
- Teachers (5 day program)
Years of Experience
0-3
4-8
8+
Salary
$134 per class
$139 per class
$145 per class
Administrative Regulation 400.2B
Compensation for Supplemental Employment
Page 2
- Site Supervisors
$100 per diem
- Site Nurses
$65 per diem
Contracts will be signed upon completion of work prior to payment.
o Enrichment Programs:
- Contracts will be signed upon completion of work prior to payment.
o Driver Education:
- Driver Education Instructors will be paid $24 per hour.
- Contracts and timesheets must be completed prior to payment.
o Home School Assistance Program:
- Home School Assistance Program Supplemental Teachers will be paid $27
per hour.
- Timesheets must be completed prior to payment.
 School Bus Driver Training:
o Teachers for Annual Inservices for School Bus Drivers and School
Transportation Operation Program (STOP) will be paid $19 per hour.
o Timesheets must be completed prior to payment.
Regulation Title:
Substitute Teachers
References:
Board Policy 400.2
Code No:
400.2C
REVISED: January 14, 1998; June 20, 2007; June 10, 2009, June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
Substitute classroom teachers for Mississippi Bend Area Education Agency program
will be paid $23.97 per hour. No fringe benefits accrue to substitute teaching positions.
Section:
STAFF PERSONNEL
Policy Title:
ELIGIBILITY FOR BENEFITS
Code:
400.3
References:
REVISED: June 14, 1995; June 10, 1998; June 20, 2007; June 12, 2013
REVIEWED: 2006-07
It is the policy of the Mississippi Bend Area Education Agency Board of
Directors (Board) that employees on Board-approved leave of absence are eligible to
retain at their expense (for up to two years) health and dental benefits. Employees who
wish to continue coverage will pay 100% of the monthly premium for the months on
approved leave.
Section:
STAFF PERSONNEL
Code:
Policy Title:
STAFF CONFLICTS OF INTEREST
400.4
References:
REVISED: November 8, 1995; June 10, 1998; June 20, 2007; June 8, 2011;
June 12, 2013
REVIEWED: 2006-07, 2010-11
To maintain the public's trust, the Mississippi Bend Area Education Agency
(Agency) Board of Directors (Board) will avoid conflicts of interest in personnel
decisions. Therefore, it is the policy of the Board that Agency employees not participate
in interviewing or the direct supervision of a spouse or any person related within the
fourth degree, including step-relationships.
This policy does not prevent employment of an individual who is a relative of a
Board Member or current employee. Any relationship or conflict of interest must be
disclosed by the Board member or current employee. The Board member or current
employee must avoid participation in decisions in which a potential conflict exists and
abstain from voting or discussion on issues where actual conflicts arise.
This policy will not be enforced to abridge the existing contractual rights of any
employee.
Section:
STAFF PERSONNEL
Code:
400.5
Policy Title:
SUSPENSION
References:
Administrative Regulations 400.5A and 400.5B, 400.7
REVISED: May 12, 2004; June 20, 2007; June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
It is the responsibility of the Mississippi Bend Area Education Agency’s
(Agency) chief administrator to suspend, with or without pay, depending upon
circumstances, and/or discharge Agency employees for proper cause. Appeals of the
decision may be made to the Board of Directors (Board) in accordance with negotiated
contract provisions, statutory authority, or Board policy, whichever is applicable in a
given instance.
Regulation Title:
Suspension – Licensed Employees
References:
Board Policy 400.5
Code No:
400.5A
REVISED: November 8, 1995; June 20, 2007; June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
The Chief Administrator of the Mississippi Bend Area Education Agency
(Agency) is responsible for the suspension of all licensed employees.
A. The supervisor will recommend suspension when necessary.
a. Suspension for disciplinary reasons is without pay.
b. Suspension pending investigation for possible termination is with pay.
B. After receiving a recommendation for suspension for either disciplinary reasons
or pending investigation for possible termination, the appropriate platform
director will investigate the reason for the recommendation. If the director
concurs, a recommendation is sent to the chief administrator.
C. After receiving a recommendation for suspension for either disciplinary
reasons or pending investigation for possible termination, the chief
administrator will investigate the reason for the recommendation.
D. If a suspension is given other than in conjunction with a 279.27 dismissal
proceeding, the employee may elect to submit the suspension decision to
either the negotiated Grievance Procedure or Statutory Review under 279.13
of the Code of Iowa, if that section is applicable.
Section:
STAFF PERSONNEL
Code:
Policy Title:
DISCIPLINE OPTIONS
References:
400.7
REVISED: June 10, 1998; May 8, 2001; June 20, 2007; June 10, 2009; June 9, 2010;
June 12, 2013
REVIEWED: 2006-07; 2009-10
Mississippi Bend Area Education Agency (Agency) supports the concept of
discipline options to help prevent or remediate inappropriate employee behavior. It is
recognized that employee behavior is related to the system in which the employee works;
as a result, each investigation conducted as prescribed by the accompanying regulation
will include consideration of the effect of the system(s) on the employee’s behavior.
This policy does not prevent the immediate suspension or termination of an
employee if the conditions merit such action.
It is the policy of the Agency to provide discipline with the following proposed
levels:
Level I
Verbal Reprimand
Level II
Written Reprimand
Level III
Suspension without Pay
Level IV
Termination
Nothing in this policy prevents the imposition of a discipline option by moving directly to
a higher disciplinary level, should the circumstances warrant such discipline.
Written meeting summaries may be used to document meetings between
employees and supervisors when the purpose of the meeting is to correct employee
behavior and the supervisor believes the behavioral information does not merit a verbal
Board Policy 400.7
Discipline Options
Page 2
or written reprimand, supervision without pay, or termination. When written summaries
are used, a copy must be sent to the affected employee.
Regulation Title:
Discipline Options
References:
Board Policy 400.7
Code No:
400.7
Date of Adoption September 3, 1993
REVISED: November 8, 1995; June 10, 1998; May 12, 2004; June 20, 2007;
June 10, 2009; June 9, 2010; June 12, 2013
REVIEWED: 2006-07; 2009-10
Mississippi Bend Area Education Agency (Agency) outlines levels of discipline
to assist in the discipline process.
LEVEL I
Verbal Reprimand
The immediate supervisor:
1) Receives a complaint and completes a timely investigation, including a conference1
with the employee being investigated (at which time the employee hears the
complaint and has an opportunity to respond), as well as collecting any additional
information, if necessary.
2) Determines the extent of the reprimand after completing the investigation.
3) Holds a conference with the employee being disciplined, at which time the employee
hears the decision about the extent of the reprimand and has an opportunity to
respond.
4) Writes a detailed summary explaining the offense, dates, and disciplinary action
taken. The summary must state that a verbal reprimand has been given.
5) Sends the employee and the union steward, if applicable, a written copy of the verbal
reprimand.
6) Places a written copy of the reprimand in the employee's personnel file.
LEVEL II
Written Reprimand
1) Receives a complaint and completes a timely investigation, including a conference
1
A conference with an employee can be suspended if a meeting is called and not attended or if a meeting is
not practicable under the individual circumstances.
Discipline Options
Page 2
respond.
4) Writes the reprimand stating facts and action taken by individual(s) involved. The
reprimand must include:
1. A statement of the rule violated
2. A summary of previous discipline or reasons for moving to a higher level
of discipline
3. Time, places, and dates as applicable
4. The clear statement “This is a written reprimand”
5. A statement that the employee is being given an opportunity to improve
6. A statement that if significant improvement or correction of behavior is
not made within a given time period, further discipline will follow.
5) Sends the employee and the union steward a copy of the reprimand.
6) Places a written copy of the reprimand in the employee's personnel file.
LEVEL III
Suspension With or Without Pay
1) Receives a complaint and completes a timely investigation, including a conference
respond.
4) Completes a timely investigation, including a conference with the employee being
investigated, at which time the employee hears the complaint and has an opportunity
to respond.
5) Determines whether or not to recommend suspension after completing the conference
with the employee.
Discipline Options
Page 3
hears the charge and has an opportunity to respond.
7) Writes suspension recommendation, including a statement that “this is the final
opportunity to improve and if improvement is insufficient, termination will be
recommended.”
The recommendation includes:
1. A statement of the rule violated
2. A summary of previous discipline or reasons for moving to a higher level
of discipline
3. Time, places, and dates as applicable
4. The clear statement “This is a written reprimand”
8) Sends the written suspension recommendation to the platform director with a copy to
the employee and the union steward.
9) Places a written copy of the recommendation in the employee’s personnel file.
The platform director, upon receipt of the recommendation to suspend:
1. Completes a timely investigation, including a conference with the
employee being investigated, at which time the employee hears the
complaint and recommendation and has a chance to respond.
2. Upon completing the conference with the employee, the director
determines whether or not to recommend suspension.
3. Holds a conference with the employee being disciplined, at which time the
employee hears the charge and recommendation and has a chance to
respond.
4. Refers the recommendation back to the immediate supervisor to be
revised, or presents it to the Chief Administrator with a recommendation
to suspend.
5. Places a written copy of the recommendation in the employee’s personnel
file.
The Chief Administrator, upon receipt of the recommendation to suspend:
Discipline Options
Page 4
1. Completes a timely investigation, including a conference with the
employee being investigated, at which time the employee hears the
complaint and recommendation and has a chance to respond.
2. Upon completing the conference with the employee, the chief
administrator determines whether or not to suspend the employee.
3. Holds a conference with the employee being disciplined, at which time the
employee hears the charge and recommendation and has an opportunity to
respond.
4. Refers the recommendation back to the director for revision, or
suspends the employee without pay according to Board Policy.
5. Places a written copy of the decision in the employee’s personnel file.
LEVEL IV
Termination
When termination, either immediate or at the end of the school year, is
contemplated, the Agency will follow its policies and regulations, Iowa Code Chapter
279 (if applicable), and/or any applicable negotiated contracts. Nothing in this regulation
or any policy imposes a requirement upon the Agency to grieve any matter not
specifically outlined in a negotiated contract.
As noted in Board Policy 400.7 Discipline Options, nothing in the policy or
regulations prevents the immediate suspension or termination of an employee if the
behavior warrants termination. In addition, any failure of the Agency to follow the above
procedures does not render the discipline action void, as long as such failure is not
substantive and relates only to an administrative, record-keeping matter.
Section:
STAFF PERSONNEL
Policy Title:
FAMILY AND MEDICAL LEAVE
Code:
400.8
References:
Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W. 2d 394 (1942).
26 U.S.C. § 2601 et seq. (Supp. 1993); 29 C.F.R. Pt. 825 (1993).
Iowa Code §§ 20; 85.33, .34, .38 (3); 216; 279.40 (1993). 1980 Op. Att'y Gen.
605; 1972 Op. Att'y Gen. 177, 353; 1952 Op. Att'y Gen. 91
Date of Adoption: January 12, 1994
REVISED: May 8, 2001; June 20, 2007; March 11, 2009; June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
Requests by Mississippi Bend Area Education Agency (Agency) employees for
family and medical leave will be made to the chief administrator.
Employees may be allowed to substitute paid leave for unpaid family and medical
leave by meeting the requirements set out in the family and medical leave administrative
rules. Employees eligible for family and medical leave must comply with the family and
medical leave administrative rules prior to starting family and medical leave. It will be
the responsibility of the chief administrator to develop administrative rules to implement
this policy.
The requirements will be followed as stated in the Master Contract between
employees in that certified collective bargaining unit and the Board of Directors
regarding family and medical leave.
Regulation Title:
References:
Board Policy 400.8
Code No:
400.8
Date of Adoption January 12, 1994
REVISED: November 8, 1995; June 10, 1998; June 20, 2007; March 11, 2009; June 9, 2010;
June 12, 2013
REVIEWED: 2006-07, 2009-10
It is the policy of Mississippi Bend Area Education Agency (Agency) to comply
with all forms of leave for eligible employees under the Family and Medical Leave Act
(FMLA).
Eligibility
In order to qualify to take leave under this policy, the employee must meet all of
the following requirements:
 The employee must have worked for the Agency for at least twelve months.
 The employee must have worked at least 1,250 hours during the twelve month
period immediately before the date the leave would begin.
 The employee must work where 50 or more employees are employed within
75 miles of that office.
Basic Leave Entitlement
To qualify for basic leave under the FMLA, the employee must be requesting a leave
under this policy for one of the reasons listed below:
 The birth of a child and to care for the newborn child
 The placement of a child with the employee for adoption or foster care
 The employee is needed to care for a family member (child, spouse or parent)
with a serious health condition
 The employee's own serious health condition makes the employee unable to
perform the functions of his or her job.
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Military Family Leave Entitlement
To qualify under the Military Family Leave entitlement, the employee must be
requesting leave for one of the reasons listed below:
 Eligible employees with a spouse, son, daughter, or parent on active duty, or
call to active duty status in the National Guard or Reserves in support of a
contingency operation may use their 12-week entitlement under this policy to
address certain qualifying exigencies. Qualifying exigencies may include
attending certain military events, arranging for alternative childcare,
addressing certain financial and legal arrangements, attending certain
counseling sessions, and attending post-deployment reintegration briefings.
 Eligible employees may take up to 26 weeks of leave to care for a covered
servicemember during a single 12 month period. A covered servicemember is
a current member of the Armed Forces, including a member of the National
Guard or Reserves, who has a serious injury or illness incurred in the line of
duty on active duty that may render the servicemember medically unfit to
perform his or her duties for which the servicemember is undergoing medical
treatment, recuperation, or therapy; or is in outpatient status; or is on the
temporary disability retired list.
Leave to Care for a Covered Servicemember with a Serious Injury or Illness
In order to care for a covered servicemember, an eligible employee must be the
spouse, son, daughter, parent or "next of kin" of a covered service member.
 Definition of "serious injury or illness": An injury or illness incurred by a
covered servicemember in the line of duty on active duty that may render the
servicemember medically unfit to perform the duties of his or her office,
grade, rank or rating.
 Definition of "next of kin": A servicemember's nearest blood relative, other
than the covered servicemember's spouse, parent, son or daughter in the
following order of priority: blood relatives who have been granted legal
custody of the servicemember by court decree or statutory provisions, brothers
and sisters, grandparents, aunts and uncles, and first cousins, unless the
covered servicemember has specifically designated in writing another blood
relative as his or her nearest blood relative for purposes of military caregiver
leave under the FMLA.
 Amount of Leave Available and Calculating Leave: An eligible employee is
entitled to up to 26 workweeks of leave to care for a covered servicemember
with a serious injury or illness during a single 12-month period. The single
12-month period beings on the first day the eligible employee takes FMLA
Page 3
leave to care for a covered servicemember and ends 12 months after that date
regardless of the method used by the Agency to calculate FMLA leave for
other reasons.
 Leave Applies on a Per Covered Servicemember Per Injury Basis: The leave
under this section of the policy applies on a per-covered servicemember, per
injury basis. Regardless of the number of servicemembers or injuries that
arise under this policy, an employee is limited to taking no more than 26
workweeks of leave in a single 12 month period, and leave under this policy
does not extend an employee's leave rights for any other reason under this
policy.
Calculating Leave
With the exception of calculating leave to care for a covered servicemember with
a serious health condition as defined above, leave under this policy is calculated on a
"rolling basis" for determining the 12 weeks of leave that an employee can take under this
policy. This means that an employee's particular twelve month period is measured
backward in time from the time the employee uses any FMLA leave time. Any leave
under this policy runs concurrent with any other leave entitlements provided under
federal, state and local laws or other leave provided by the Agency.
Definition of Serious Health Condition
A "serious health condition" is an illness, injury, impairment, or physical or
mental condition that involves inpatient care or continuing treatment by a health care
provider, which includes any one or more of the following:
 Incapacity and treatment: A period of incapacity of more than three
consecutive, full calendar days, and any subsequent treatment or period of
incapacity relating to the same condition, that also involves:
- Treatment two or more times, within 30 days of the first day of incapacity,
unless extenuating circumstances exist, by a health care provider, by a
nurse under direct supervision of a health care provider, or by a provider
of health care services (e.g., physical therapist) under orders of, or on
referral by, a health care provider; or
Page 4
o The term "extenuating circumstances" in this section means
circumstances beyond the employee's control that prevent the followup visit from occurring as planned by the health care provider.
- Treatment by a health care provider on at least one occasion, which result
in a regimen of continuing treatment under the supervision of the health
care provider.
- The requirement in the first two points of this section for treatment by a
health care provider means an in-person visit to a health care provider.
The first (or only) in-person treatment visit must take place within seven
days of the first day of incapacity.
- Whether additional treatment visits or a regimen of continuing treatment is
necessary within the 30-day period will be determined by the health care
provider.
 Pregnancy or prenatal care: Any period of incapacity due to pregnancy, or for
prenatal care.
 Chronic conditions: Any period of incapacity or treatment for such incapacity
due to a chronic serious health condition. A chronic serious health condition
is one which:
- Requires periodic visits (defined as at least twice a year) for treatment by a
health care provider, or by a nurse under direct supervision of a health care
provider
- Continues over an extended period of time (including recurring episodes
of a single underlying condition)
- May cause episodic rather than a continuing period of incapacity (e.g.,
asthma, diabetes, epilepsy, etc.).
 Permanent or long-term conditions: A period of incapacity which is
permanent or long-term due to a condition for which treatment may not be
effective. The employee or family member must be under the continuing
supervision of, but need not be receiving active treatment by, a health care
provider.
 Conditions requiring multiple treatments: Any period of absence to receive
multiple treatments (including any period of recovery therefrom) by a health
care provider or by a provider of health care services under orders of, or on
referral by, a health care provider, for:
- Restorative surgery after an accident or other injury; or
Page 5
- A condition that would likely result in a period of incapacity of more than
three consecutive, full calendar days in the absence of medical
intervention or treatment, such as cancer (chemotherapy, radiation, etc.),
severe arthritis (physical therapy), or kidney disease (dialysis).
Intermittent or Reduced Leave Schedule
FMLA leave may be taken intermittently or on a reduced schedule under certain
circumstances. Intermittent leave is FMLA leave taken in separate blocks of time due to
a single qualifying reason. A reduced leave schedule is a change in the employee's
schedule for a period of time that reduced the usual number of hours that an employee
works per workday or per week.
Notice that Employee Must Give for Family Medical Leave
 An employee must provide the Agency at least 30 days advance notice before
FMLA leave is to begin if the need for the leave is foreseeable based on an
expected birth, placement for adoption or foster care, planned medical
treatment for a serious health condition of the employee or of a family
member, or the planned medical treatment for a serious injury or illness of a
covered servicemember. If 30 days notice is not practicable, because of a lack
of knowledge of approximately when leave will be required to begin, a change
in circumstances, or a medical emergency, notice must be given as soon as
practicable.
 When an employee becomes aware of a need for FMLA leave less than 30
days in advance, it should be practicable for the employee to provide notice of
the need for the leave either the same day or the next business day.
 An employee will provide at least verbal notice sufficient to make the Agency
aware that the employee needs FMLA qualifying leave (although the
employee is not required to specifically say FMLA), and the anticipated
timing and duration of the leave. An employee giving notice of the need for
FMLA leave must explain the reasons for the needed leave so as to allow the
Agency to determine whether the leave qualifies as FMLA leave. Calling in
"sick" without providing more information will not be considered sufficient
notice.
 When an employee seeks leave due to a FMLA qualifying reason for which
the Agency has previously provided FMLA protected leave, the employee
must specifically reference the qualifying reason for leave or the need for
FMLA leave.
Page 6
 Absent unusual circumstances, an employee must follow the Agency’s usual
and customary call-in procedures for reporting an FMLA absence.
 If an employee fails to comply with the required notice procedures, FMLA
leave may be delayed or denied.
Certification
 Serious Health Condition: When an employee seeks leave under this policy to
care for the employee's covered family member with a serious health
condition, or due to the employee's own serious health condition that makes
the employee unable to perform one or more of the essential functions of the
employee's position, the employee's request must be supported by a
certification issued by the health care provider of the employee or the
employee's family member. The Agency will provide the employee with the
certification form, which is available from the Chief Administrator.
 Exigency Leave: When an employee seeks leave because of a qualifying
exigency, the employee must provide the Agency with a copy of the covered
military member's active duty orders or other documentation issued by the
military that indicates that the covered military member is on active duty or
call to active duty status in support of a contingency operation, and the status
of the covered military member's active duty service. This information only
needs to be provided once, unless the employee seeks qualifying exigency
leave for a different active duty or for a different covered military member.
Employees seeking exigency leave must also complete a certification form
that is provided by the Agency, and available from the Chief Administrator.
 Care for a Covered Servicemember: When leave is sought to care for a
covered servicemember with a serious illness or injury, the employee must
provide the Agency with a certification form (which is provided by the
Agency and available from the Chief Administrator), and the certification
must be completed by an authorized health care provider of the covered
servicemember. Any one of the following health care providers may complete
such a certification: (1) a United States Department of Defense provider; (2) a
United States Department of Veterans Affairs health care provider; (3) a
Department of Defense TRICARE Network authorized health care provider;
or (4) a Department of Defense non-network TRICARE authorized private
health care provider.
The Agency’s Response to an Employee's Request for Family Medical Leave
 Eligibility Notice: When an employee requests FMLA leave, or when the
Agency acquires knowledge that an employee's leave may be for an FMLA
qualifying reason, the Agency will notify the employee of the employee's
eligibility to take FMLA leave within five business days, absent extenuating
circumstances. If an employee is not eligible for FMLA leave, the Agency
Page 7
will notify the employee and state at least one reason why the employee is not
eligible.
 Designation Notice: When the Agency has enough information to determine
whether an employee's leave is being taken for a FMLA qualifying reason
(e.g. after receiving a certification from the employee), the Agency will notify
the employee whether the leave will be designated and will be counted as
FMLA leave within five business days, absent extenuating circumstances.
Substitution of Paid Leave
Employees are required to substitute any applicable paid leave (including vacation
time and casual time) to which they are entitled for unpaid leave under this policy. The
same terms and conditions for use of paid leave apply as they would to other employees
utilizing such leave. The substitution of paid leave for unpaid leave does not extend the
leave time under this policy.
Maintenance of Benefits During Leave
During an approved leave under this policy, the Agency will maintain the health
insurance benefits for which the employee is eligible as if he or she continued to be
actively employed. If the Agency provides a new health plan or changes its health plan,
the employee is entitled to the new or changed benefits to the same extent as if the
employee were not on leave. If paid leave is substituted for unpaid FMLA leave, the
employee's portion of the health insurance premium will continue to be taken out as a
regular payroll deduction. If leave is unpaid, the employee must pay his or her portion of
the health insurance premium by the last day of each month. If the employee fails to
timely make premium payments the Agency will notify the employee in writing at least
15 days before the coverage would lapse. If the employee's premium payment is more
than 30 days late, the Agency’s obligation to maintain health insurance ceases. If the
employee fails to return to work at the end of the leave period, he or she will be required
to reimburse the Agency for the cost of the premiums paid by the Agency for maintaining
Page 8
health insurance coverage during the period of unpaid leave, unless certain criteria are
met for the employee's failure to return to work.
Other Benefits
To the extent permitted by insurance policies, the Agency will continue to provide
other insurance benefits for which the employee is eligible at the employee's expense.
The employee is required to pay his or her share of the premiums on the same schedule as
health insurance costs. The following are the additional voluntary insurance plans
currently offered to eligible employees: Optional Life and AD&D Insurance, vision
insurance, flex benefits for medical and childcare. Employees do not accrue any
additional benefits during unpaid FMLA leave, which means that employees do not
accrue vacation or casual leave while on unpaid leave under this policy. Unused benefits
that accrued before the date leave began will be retained, but the employee will not
accrue any seniority or other employee benefits while on leave.
Employee Reinstatement
When an employee returns to work from FMLA leave, the Agency will generally
return the employee to the same position the employee held when leave commenced, or
to an equivalent position with equivalent benefits, pay, and other terms and conditions of
employment. The exception to this provision is if an employee is deemed to be a "key
employee." However, an employee has no greater right to reinstatement or to other
benefits and conditions of employment than if the employee had been continuously
employed during the FMLA leave period.
Other Employment during Leave
An employee taking leave under this policy may not engage in other incomegenerating work or employment during the leave without prior written approval from the
Page 9
Agency. If an employee breaches this condition, the employee will be considered to have
violated the terms of the leave, and to have voluntarily terminated his or her employment
with the Agency.
Returning from Leave
Employees are expected to return to work when the reason for the leave has
terminated. Upon returning from an approved Family and Medical Leave of Absence
granted as a result of an employee's own serious health condition, an employee must
present written medical certification from his or her medical care provider stating that he
or she is able to resume work and able to perform the essential functions of his or her job.
"Return to Work Medical Certification" forms may be obtained from the Chief
Administrator. An employee's failure to provide such certification at the time the
employee attempts to return to work may result in a delay or denial of job restoration.
After an employee complies with this requirement, the Agency will return the employee
to the same position the employee held when leave commenced, or if the former position
is not available, to an equivalent position with equivalent benefits, pay and other terms
and conditions of employment.
If an employee does not return to work on the agreed upon date after expiration of
leave under this policy, the employee will be considered to have voluntarily terminated
his or her employment. If an employee is unable to return to work after the expiration of
leave under this policy the employee should contact the chief administrator.
Non-Interference/No Retaliation
The Agency will not intentionally interfere with or deny the exercise of any right
under this policy, and the Agency will not discharge or discriminate against any person
because of the exercise of that employee's rights under this policy. Any employee who
Page 10
believes that this policy has been violated must promptly report the problem to the chief
administrator. All complaints will be promptly investigated, and confidentiality will be
maintained to the extent it is consistent with an effective investigation.
Applicable Federal Law
The provisions of the Family and Medical Leave Policy are intended to comply
with applicable law. Any terms used from the FMLA are defined by that Act and/or
applicable regulations. To the extent that this policy is ambiguous or contradicts
applicable law, the language of the applicable law will prevail.
YOUR RIGHT
under the
FAMILY AND MEDICAL LEAVE ACT OF 1993
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees
for certain family and medical reasons. Employees are eligible if they have worked for a covered employer for at
least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75
miles.
REASONS FOR TAKING LEAVE: Unpaid leave must be granted for any of the following reasons:
>
>
>
to care for the employee's child after birth, or placement for adoption or foster care;
to care for the employee's spouse, son or daughter, or parent, who has a serious condition; or
for a serious health condition that makes the employee unable to perform the employee's job.
At the employee's or employee's option, certain kinds of paid leave may be substituted for unpaid leave
ADVANCE NOTICE AND MEDICAL CERTIFICATION: The employee may be required to provide advance
leave notice and medical certification. Taking of leave may be denied if requirements are not met.
>
>
The employee ordinarily must provide 30 days advance notice when the leave is "foreseeable."
An employer may require medical certification to support a request for leave because of a serious health
condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to
return to work.
JOB BENEFITS AND PROTECTION:
>
>
>
For the duration of FMLA leave, the employer must maintain the employee's health coverage under "group
health plan."
Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with
equivalent pay, benefits, and other employment terms.
The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an
employee's leave.
UNLAWFUL ACTS BY EMPLOYERS: FMLA makes it unlawful for any employer to:
>
>
interfere with, restrain, or deny the exercise of any right provided under FMLA;
discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for
involvement in any proceeding under or relating to FMLA.
ENFORCEMENT:
>
>
The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.
An eligible employee may bring a civil action against an employer for violations.
FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or
collective bargaining agreement which provides greater family or medical leave rights.
FOR ADDITIONAL INFORMATION: Contact the nearest office of the Wage and Hour Division, listed in
most telephone directories under U.S. Government, Department of Labor.
FAMILY AND MEDICAL LEAVE REQUEST FORM
Date:
I,
(check all that apply)
, request family and medical leave for the following reason:
for the birth of my child;
for the placement of a child for adoption or foster care;
to care for my child who has a serious health condition;
to care for my parent who has a serious health condition;
to care for my spouse who has a serious health condition; or
because I am seriously ill and unable to perform the essential
functions of my position.
I acknowledge my obligation to provide medical certification of my serious health condition or
that of a family member in order to be eligible for family and medical leave within 15 days of the
request for certification.
I acknowledge receipt of information regarding my obligation under the family and medical
leave policy of the agency.
I request that my family and medical leave begin on
follows:
(check one)
A.
and I request leave as
continuous
I anticipate that I will be able to return to work on
.
B.
intermittent leave for the:
birth of my child or adoption or foster care placement subject to
agreement by the agency
serious health condition of myself, parent, or child when medically
necessary
Details of the needed intermittent leave:
I anticipate returning to work at my regular schedule
on
.
.
Page 2
FAMILY AND MEDICAL LEAVE REQUEST FORM
C.
reduced work schedule for the:
birth of my child or adoption or foster care placement subject to
agreement by the agency
serious health condition of myself, parent, or child when
medically necessary
Details of needed reduction in work schedule as follows:
I anticipate returning to work at my regular schedule
on
.
.
I realize I may be moved to an alternative position during the period of the family and medical
intermittent or reduced work schedule leave. I also realize that with foreseeable intermittent or
reduced work schedule leave, subject to the requirements of my health care provider, I may be
required to schedule the leave to minimize agency operations.
While on family and medical leave, I agree to pay my regular contributions to employer
sponsored benefit plans. My contributions shall be deducted from monies owed me during the
leave period. If no monies are owed me, I shall reimburse the agency by personal check (cash)
for my contributions. I understand that I may be dropped from the employer-sponsored benefit
plans for failure to pay my contribution.
I agree to reimburse the agency for any payment of my contributions with deductions from future
monies owed to me or the agency may seek reimbursement of payments of my contributions in
court.
I acknowledge that the above information is true to the best of my knowledge.
Signed
Date
FAMILY AND MEDICAL LEAVE CERTIFICATION FORM
U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
CERTIFICATION OF PHYSICIAN OR PRACTITIONER
(Family and Medical Leave Act of 1993)
1.
Employee's Name:
2.
Patient's Name (If other than employee):
3.
Diagnosis:
4.
Date condition commenced:
6.
Regimen of treatment to be prescribed (Indicate number of visits, general nature and
duration of treatment, including referral to other provider of health services. Include
schedule of visits or treatment if it is medically necessary for the employee to be off work
on an intermittent basis or to work less than the employee's normal schedule of hours per
day or days per week.):
5. Probable duration of condition?
a. By Physician or Practitioner:
b. By another provider of health services, if referred by Physician or Practitioner:
IF THIS CERTIFICATION RELATES TO CARE FOR THE EMPLOYEE'S SERIOUSLY-ILL
FAMILY MEMBER, SKIP ITEMS 7, 8 AND 9 AND PROCEED TO ITEMS 10 THRU 14 ON
REVERSE SIDE. OTHERWISE, CONTINUE BELOW.
Check Yes or No in the boxes below, as appropriate.
Yes
No
D
Is inpatient hospitalization of the employee required?
8.
D
D
Is employee able to perform work of any kind? (If "No", skip Item 9.)
9.
D
D
Is employee able to perform the functions of employee's position?
(Answer after reviewing statement from employer of essential functions of
employee's position, or, if none provided, after discussing with employee.)
7.
D
15. Signature of Physician or Practitioner:
16. Date:
17. Type of Practice (Field of Specialization, if any):
FAMILY AND MEDICAL LEAVE CERTIFICATION FORM
FOR CERTIFICATION RELATING TO CARE FOR THE EMPLOYEE'S SERIOUSLY-ILL
FAMILY MEMBER, COMPLETE ITEMS 10 THRU 14 BELOW AS THEY APPLY TO THE
FAMILY MEMBER AND PROCEED TO ITEM 15 ON REVERSE SIDE.
10.
Yes
□
No
□
Is inpatient hospitalization of the family member (patient) required?
11.
□
□
Does (or will) the patient require assistance for basic medical, hygiene,
nutritional needs, safety or transportation?
12.
□
□
After review of the employee's signed statement (See Item 14 below), is the
employee's presence necessary or would it be beneficial for the care of the
patient? (This may include psychological comfort.)
13. Estimate the period of time care is needed or the employee's presence would be beneficial:
ITEM 14 IS TO BE COMPLETED BY THE EMPLOYEE NEEDING FAMILY LEAVE
14. When Family Leave is needed to care for a seriously-ill family member, the employee
shall state the care he or she will provide and an estimate of the time period during which
this care will be provided, including a schedule if leave is to be taken intermittently or on a
reduced leave schedule:
Employee signature:
Date:
FAMILY AND MEDICAL LEAVE REQUEST WORK
SHEET
Complete this work sheet upon receiving a request for family and medical leave that may
qualify under the Family Medical Leave Act. Be sure to note the requirements relating to family
and medical leave in the agency's policy/collective bargaining agreement prior to relying on this
work sheet as the sole source of the agency's obligations.
Section I:
Eligible Employee. (Please check all that apply.)
Covered by a policy/collective bargaining agreement. (If checked, please move to
Section II.)
The employee must meet all criteria below to move to Section II.
50 or more employees are on the payroll of or under contract to
the agency.
Worked 52 weeks in the agency (consecutive or nonconsecutive). OR
Worked 12 months in the agency (consecutive or nonconsecutive).
Worked 1250 hours for the agency in 12 months prior to the request.
Full- time professional employees who are exempt from the wage and
hour law may be presumed to have worked in the minimum hours
required.
Section II:
Family and Medical Leave Purpose. (One must be checked to move
to Section III.)
Birth and care of newborn prior to first anniversary of child's birth.
Care of adopted child or foster care child prior to first anniversary of placement.
Care for serious health condition of spouse, child, child for which employee is
"in loco parentis" and for any of these if they are over eighteen and have a
disability which prevents the child from caring for himself or herself.
Requested medical certification for family and medical leave
due to a serious health condition of the spouse, parent or child
on
(date).
Received medical certification within 15 days of the request on
(date).
Page 2
FAMILY AND MEDICAL LEAVE REQUEST WORK SHEET
Serious health condition of the employee.
Requested medical certification for family and medical leave due to a
serious health condition of the employee on
(date).
Received medical certification within 15 days of the request on
(date).
Other purposes contained in a policy/collective bargaining agreement.
Section III:
Timing of Family and Medical Leave Request.
Date of family and medical leave request
Date family and medical leave to begin
(date).
(date).
Provide FMLA leave information to employee at time of request
(date).
(If one is checked, please move to Section IV.)
Leave request for foreseeable family and medical leave is 30 days prior to date family
and medical leave begins.
Leave request for foreseeable family and medical leave is in compliance with policy/
collective bargaining agreement.
Leave request for foreseeable family and medical leave was made as soon as
practicable, and no later than one business day, prior to date family and medical leave
begins.
Leave request for unforeseeable family and medical leave was made in accordance
with policy/collective bargaining agreement timelines.
Section IV:
Calculation of Available Family and Medical Leave.
Beginning date for 12-month entitlement period: (Check the method adopted by the agency.)
July 1 (fiscal year)
January 1 (calendar year)
September 1 (school year)
First day of forward 12-month entitlement period
First day of rolling backward 12-month entitlement period
Collective bargaining agreement year
Other
Section V:
Types of Family and Medical Leave. (Please check all that apply.)
Continuous leave for purposes listed in Section II.
Intermittent leave for birth, adoption or foster care placement prior to first
anniversary
of child's birth or placement with agency approval in accordance with other
provisions of the policy/collective bargaining agreement.
Reduced work schedule leave for birth, adoption or foster care placement prior to
first anniversary of child's birth or placement with agency approval in accordance
with other provisions of the policy/collective bargaining agreement.
Intermittent leave is medically necessary for serious health condition of employee or
family member and arranged as much as possible to not disrupt the agency's
operation.
Reduced work schedule leave if medically necessary for serious health condition of
employee or family member and arranged as much as possible to not disrupt the
agency's operation.
Other contained in a policy/collective bargaining agreement. (Please specify.)
Section VI:
Instructional Employee Intermittent or Reduced Schedule Leave.
A policy/collective bargaining agreement extends this rule to non-instructional
employees.
A policy/collective bargaining agreement eliminates this rule for instructional
employees.
Instructional employees' intermittent or reduced schedule leave for greater than 20
percent of the work days in the family and medical leave period.
Total number of days during leave period
x
.20
20 percent of leave days
Days of leave requested
If the number of days requested exceeds 20 percent of the family and medical leave days, the
agency may require the instructional employee to take family and medical leave for the entire
leave period OR transfer the instructional employee to an alternate position with equivalent pay
and benefits. The employee must be informed that the actual family and medical leave taken will
be credited to the employee's 12-week entitlement.
Section VII:
Instructional Employees Family and Medical Leave Special Rules.
Instructional employee.
A policy/collective bargaining agreement extends one or all of these rules to
noninstructional employees.
A policy/collective bargaining agreement eliminates one or all of these rules for
instructional employees.
The agency can require the employee to remain on family and medical leave until
end of the semester if each of the following apply:
Leave begins prior to five weeks before end of semester;
Leave is for three weeks or more; and
Employee will return during last three weeks of semester.
Last work day of the semester
Date of fifth week before end of the semester
Date of third week before end of the semester
Date of requested leave
Length of requested leave
Date of return from leave
The agency can require employees to remain on family and medical leave for leave
other than an employee's serious health condition until end of semester if each of the
following apply:
Leave begins during last five weeks before end of semester;
Leave is greater than two weeks; and
Employee will return during last two weeks of semester.
Date of fifth week before end of the semester
Date of second weeks before end of the semester
Date of return from leave
The agency can require the employee to remain on family and medical leave for
purpose other than an employee's serious health condition until the end of the
semester if each of the following apply:
Leave begins during last three weeks before end of the semester;
and
Leave is greater than five working days.
Date of third week before end of the semester
The employee must be informed that the actual family and medical leave taken under these rules
will be credited to the employee's 12-week entitlement.
Section VIII:
Paid or Unpaid Family and Medical Leave.
Provide employee notice whether the family and medical leave is paid or unpaid
leave
after completing the work sheet in accordance with the policy/collective bargaining
agreement.
Policy/collective bargaining agreement allows substitution of paid leave for family
and medical leave.
Family and medical leave is unpaid leave.
Section IX:
Employee Progress Report.
Arrangements are made with the employee to report to the agency on a regular
basis during the family and medical leave (please specify).
Requested medical certification for family and medical leave due to a serious
health condition of the spouse, parent or child on
(date).
Received medical recertification within 15 days of the request on
(date).
Section X:Employee Benefits During Family and Medical Leave.
The employee's health insurance coverage must be continued during the period of family and
medical leave. The agency may choose to continue other employee benefits to ensure their
restoration along with the health insurance upon the employee's return to work. The employee
will pay the employee's share of health insurance and other benefits during the leave period.
Arrangements have been made with the employee to continue the employee's share
of health insurance premiums while on family and medical leave:
From monies due to the employee
By the first of each month from the employee
Other (please specify)
Arrangements have been made with the employee to continue the employee's share
of the employee's other benefits while on family and medical leave:
From monies due to the employee
By the first of each month from the employee
Other (please specify)
The employee has chosen to discontinue all benefits while on family and medical
leave.
Employees who fail to provide payment of the employee's share of benefits premium
the period of family and medical leave have 15 days following notice to pay the
employee's share.
Employees who fail to pay within 15 days after receiving notice of payment due may
have employee benefits discontinued.
The agency will deduct unpaid employee portion of benefits from monies due to the
employee upon return to work, and the employee has signed a written statement
authorizing the deduction.
The agency will seek recovery of unpaid employee portion of benefits through small
claims court or other appropriate recovery process.
Even if the employee chooses to discontinue employee benefits during the period of family and
medical leave, the agency should exercise great care before discontinuing employee benefits.
The agency is required to restore the employee to full benefits when the employee returns to
work, including group health insurance, without any qualifying period, physical examination,
exclusion of pre-existing conditions and other similar requirements.
The agency may discontinue the employee's benefits upon receipt of written notice
of the employee's intent not to return to work.
Section XI:
Key Employees.
Salaried employees among the highest paid ten percent of agency's employees are
considered key employees of the agency.
Year-to-date
earnings
of work and paid leave
Highest pay for employee
for
employee
Total weeks
÷
=
Provide notice to key employees stating they are a key employee and they may not
be reinstated at end of the family and medical leave period if substantial and
grievious
economic injury exists.
Compile data to justify substantial and grievous economic injury. Substantial
and grievous economic injury does not include minor inconvenience and costs
typical to the normal operation of the agency.
The key employee is entitled to benefits during the family and medical leave in the
same manner as other employees.
Section XII:
Employee's Return to Work.
Employee is fully restored the same or an equivalent position with:
Pay and benefits
Health insurance
Life insurance
Other benefits or requirements in a policy/collective bargaining agreement
Section:
STAFF PERSONNEL
Policy Title:
EDUCATIONAL EQUITY AND EQUAL EMPLOYMENT
OPPORTUNITY
References:
Code:
401.1
REVISED: May 16, 1990; March 10, 1993; September 14, 1994; June 10,
1998; June 20, 2007; February 10, 2010; June 8, 2011; June 12,
2013
REVIEWED: 2006-07; 2009-10; 2010-11
It is the policy of the Mississippi Bend Area Education Agency (Agency)
to provide equal educational and employment opportunities and not to illegally
discriminate on the basis of race, color, creed, gender identity, marital status, sex,
sexual orientation, national origin, religion, age, socioeconomic, or disability
(hereinafter referred to as protected categories) in its educational programs,
activities, or its employment and personnel policies. This obligation to
affirmatively implement equal employment opportunity to all employees and
applicants for employment includes hiring, placement, upgrading, transfer or
demotion, recruitment, advertising or solicitation for employment, treatment
during employment, rates of pay, or other forms of compensation, and layoff or
termination.
The Agency will provide program activities, staff development, and
curriculum and instructional resources which reflect the racial and cultural
diversity present in the United States and the variety of careers, roles, and life
styles open to both men and women in our society. The programs and services
will foster respect and appreciation for the cultural diversity found in our country
and an awareness of the rights, duties, and responsibilities of each individual as a
member of a pluralistic society.
It is the policy of this Agency to affirmatively recruit women and men
Board Policy 401.1
Educational Equity and Equal Employment Opportunity
Page 2
members of diverse racial/ethnic groups and persons with disabilities for job
categories where they are under represented. A fair and supportive environment will
be provided for all employees. Harassment of a sexual nature or with demeaning
intent related to the protected categories made from one employee to another or from
an employee to a visitor or vice versa, is a violation of this policy.
Persons filing an application with the Agency will be given consideration for
employment if they meet or exceed the qualifications set by the Board of Directors
(Board), administration, and Iowa Department of Education for the class or position for
which they apply. In employing Agency personnel, the Board will consider the
qualification, credentials, and records of the applicants without regard to race, color,
creed, gender, marital status, sexual orientation, national origin, religion, age,
socioeconomic, or disability. In keeping with the law, the Board will consider the
veteran status of applicants.
The procedure for filing a complaint is outlined in Board Policy 204.12
Complaints.
Inquiries or grievances related to this policy may be directed to the Executive
Director, 729-21st Street, Bettendorf, Iowa 52722, (563) 359-1371; to the Director of the
Iowa Civil Rights Commission in Des Moines; the Director of the Office of the United
States Equal Employment Opportunity Commission; or the Director of the Civil Rights,
United States Department of Education, in Chicago, Illinois.
Regulation Title:
References:
Educational Equity and Equal
Employment Opportunity
Board Policy 401.1
Code No:
401.1A
Date of Adoption March 10, 1993
REVISED: November 8, 1995; June 10, 1998; June 20, 2007; February 10, 2010;
June 9, 2010; June 12, 2013
REVIEWED: 2006-07; 2009-10
Mississippi Bend Area Education Agency (Agency) has an established policy of
educational equity and equal employment opportunity and not to illegally discriminate
with respect to race, color, creed, gender identity, marital status, sex, sexual orientation,
national origin, religion, age, socioeconomic or disability. In order to effectively
communicate and interpret the Agency’s policy to all levels of the administration and to
all other employees, community members, educational agencies, and the public in general
the following will be undertaken:
 Dissemination Policy:
- Employees will be reminded annually of the Agency’s written statement
of policy by:
o Reference in employee handbooks.
o When appropriate, publicity through news stories or other articles in
Agency publications.
o Discussions with administrators and at Agency meetings.
- Employment advertisements will contain assurance of equal employment
opportunity.
- All employment and recruiting sources where jobs are listed by the
Agency will be reminded of our policy.
- Notices will be posted on bulletin boards and Agency website. These will
inform employees and applicants of their rights under federal and state
civil rights laws.
Educational Equity and
Equal Employment Opportunity
Page 2
 Responsibility for implementing the Educational Equity and Equal
Employment Opportunity Policy: Responsibility is assigned to the affirmative
action coordinator, who will render full assistance and support for those
seeking help and assistance in taking affirmative action.
 Recruiting: Additional emphasis will be given to seeking, identifying, and
encouraging applicants from minority and other unrepresented groups.
 Training: All training and in-service programs supported or sponsored by the
Agency will continue to be equally open to qualified employees.
 Hiring, placement, transfer, layoff and recall: The Agency recognizes that to
accomplish the long-range objectives of the policy, continued affirmative
action must be taken to ensure that job opportunities of all kinds are called to
the specific attention of members of minority groups. To assure achievement
of the objectives, the Agency will periodically review its practices.
 Compensation: All employees will receive compensation in accordance with
the same standards. Opportunities for performing overtime work or otherwise
earning increased compensation will be afforded to all qualified employees.
 The procedure for filing a complaint is outlined in Board Policy 204.12
Complaints.
Inquiries by employees or applicants for employment regarding compliance
with equal employment opportunity and affirmative action--including but not
limited to complaints of discrimination- will be directed to the affirmative
action coordinator by contacting the Executive Director, Mississippi Bend
Area Education Agency 9, 729-21st Street, Bettendorf, Iowa 52722, 563/3591371; the Director of Civil Rights Commission, Des Moines, Iowa; or the
Director of the Region VII Office of Civil Rights, Department of Education,
Kansas City, Missouri.
Regulation Title:
Employees with Disabilities
References:
Board Policy 401.1
Code No:
401.1B
Date of Adoption June 10, 2009
REVISED: June 9, 2010; June 12, 2013
REVIEWED: 2009-10
In accordance with the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the ADA Amendments Act of 2008, the 2010 ADA Standards
for Accessible Design and other applicable federal and state laws, the Mississippi Bend
Area Education Agency (Agency) strives to make its application, hiring and work
environment accessible to all. To foster accessibility, the Agency will provide
accommodations to qualifying individuals. If employees believe they are in need of an
accommodation, they should notify your supervisor or the Strategic Management and
Evaluation Platform. The Agency will consider requests for accommodations, but
accommodations that would impose an undue hardship on the Agency cannot be made.
In all cases, information regarding an employee's disability will be kept in the strictest of
confidence and shared only with employees on a need-to-know basis.
Regulation Title:
References:
Employees with Disabilities - Request Code No:
for Accommodations Under the ADA
Board Policy 401.1
401.1C
Date of Adoption
June 10, 2009
REVIEWED: 2009-10
It is the policy of Mississippi Bend Area Education Agency (Agency) to comply with
the Americans with Disabilities Act (ADA) by not discriminating on the basis of disability in
the areas of recruitment, hiring, training, promotion, compensation, and all other areas of
employment. The ADA and the Iowa Civil Right Act prohibit discrimination in employment
against qualified individuals with disabilities.
The Agency is committed to ensuring equal employment opportunities for qualified
persons with disabilities. It is the policy of the Agency to provide reasonable
accommodations in employment to qualified individuals with disabilities unless the
accommodation would impose undue hardship on the operation of the Agency’s business or
would change the essential function of the position. Retaliation against an individual with a
disability is further prohibited.
Definitions:
DISABILITY: (1) A physical or mental impairment that limits one or more major life
activities (examples are walking, speaking, seeing, hearing, and performing manual
tasks); or (2) A physical impairment that affects the operation of bodily functions, such as
immune functions, endocrine functions, normal cell growth, ets.; or (3) Has a record of
having such an impairment; or (4) Is regarded as having such an impairment.
Various physical and mental conditions may be excluded from the definition of a
disability.
Administrative Regulation 401.1C
Accommodations Under the ADA
Page 2
QUALIFIED INDIVIDUAL WITH A DISABILITY: A person with a disability who has
the requisite skill, experience, education, licensure, and other job-related requirements of
the position that the person holds or desires, and who, with or without reasonable
accommodation, can perform the essential functions of such position.
ESSENTIAL FUNCTIONS: The fundamental job duties that an employee must be able
to perform on his or her own with or without the assistance of a reasonable
accommodation.
REASONABLE ACCOMMODATIONS: A modification or adjustment to a job, work
environment, or work schedule that makes it possible for a qualified applicant or
employee with a disability, to perform the essential functions of the job, or to enjoy
benefits and privileges of employment equal to those enjoyed by employees without
disabilities.
UNDUE HARDSHIP: An action that requires significant difficulty or expense in light of
the Agency’s nature and structure. Undue hardship also refers to an accommodation that
is unduly extensive, substantial, or disruptive; or one which would fundamentally deter
the position.
Processing Procedures:
1. The employee requesting accommodation submits the form entitled Employee
Request for Accommodation, with a copy of the current job description (if
appropriate) to his/her immediate supervisor or to the director of Strategic
Management and Evaluation.
2. The ADA Coordinator will determine if additional information is needed and will
furnish the individual with any forms/questionnaires necessary for the health care
provider to complete. (See Form entitled Information for Employee Seeking
Reasonable Accommodation under the ADA/ADAAA and Authorization for
Release of Medical Information.)
3. The ADA Coordinator will evaluate information to determine eligibility within
the guidelines of ADA.
Accommodations Under the ADA
Page 3
4. The ADA Coordinator will engage in an interactive process with the employee to
determine limitations and identify potential accommodations. The ADA
Coordinator will coordinate with the necessary staff and the employee to identify
the essential functions of the job and determine whether there is an effective,
reasonable accommodation that will enable the employee to perform those
essential functions.
5. If a reasonable accommodation is available, the ADA Coordinator will coordinate
the request and provision of the reasonable accommodation as promptly as
possible and avoid unnecessary delays.
6. The ADA Coordinator will follow-up on the individual's status/progress on
annual basis, or earlier as need arises.
7. Reasonable accommodation under the ADA is an ongoing process. At any point
in time, the individual receiving the reasonable accommodation may request a
reevaluation of his or her request from the ADA Coordinator. At that point, the
interactive process will be implemented in order to deal with any new requests
and/or revisions to the initial requests.
Confidentiality:
All medical-related information will be kept confidential and maintained
separately from other personnel records. However, supervisors and managers may be
advised of information necessary to make the determinations they are required to make in
connection with a request for an accommodation. First aid and safety personnel may be
informed, when appropriate, if the disability might require emergency treatment or if any
specific procedures are needed in the case of fire or other evacuations. Government
officials investigating compliance with the ADA may also be provided relevant
information as requested.
Documentation submitted to the ADA Coordinator will be maintained in a
confidential manner in accordance with applicable federal and state mandated retention
schedules.
Section:
STAFF PERSONNEL
Code:
Policy Title:
SELECTION OF AGENCY STAFF
References:
401.3
REVISED: October 9, 1985; November 8, 1995; June 10, 1998; May 8, 2001;
June 20, 2007; June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
Recruitment of employees for the Mississippi Bend Area Education Agency will
be the responsibility of the chief administrator and platform directors. In the discharge of
this responsibility, the chief administrator will make use of other administrative and
supervisory personnel as may be both practical and effective.
Selection will be based on the merits of the candidates, without regard to race,
color, creed, gender, sexual orientation, gender identity, national origin, religion, age,
disability, or any other characteristic protected by law. In keeping with the law, the
Board of Directors will consider the veteran status of applicants.
Section:
STAFF PERSONNEL
Policy Title:
QUALIFICATIONS
Code:
401.4
References:
REVISED: October 9, 1985; November 8, 1995; June 10, 1998; March 8, 2001;
May 12, 2004; June 20, 2007; June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
In order for the Mississippi Bend Area Education Agency to comply with state
and/or federal requirements, such as the Iowa Board of Educational Examiners’ licensure
requirements for professional staff (as appropriate to the position), selection of staff will
be based on the following:
 Education, training, experience, and certification needed

Performance standard
 Suitability for the position and job description
 A U.S. military veteran holding an honorable discharge will be given
preference as may be required by federal law
The chief administrator or designee will have the responsibility to see that the
above criteria are met.
Candidate qualifications will be evaluated without regard to race, color, creed,
gender, sexual orientation, gender identity, national origin, religion, age, disability, or any
other characteristic protected by law.
Section:
STAFF PERSONNEL
Code:
401.5
Policy Title:
Licensed Personnel Definition
References:
Chapter 260.6; 260.23; 257.10(11); 294.1 - Code of Iowa; Policy 303.2
REVISED: October 14, 1992; November 8, 1995; June 10, 1998; May 8, 2001;
REVIEWED: 2006-07, 2009-10
Employees of the Mississippi Bend Area Education Agency (Agency) will be
properly licensed by Department of Education regulations, or if appropriate, by policy of
the Agency. A copy of the license will be provided by the employee to Strategic
Management and Evaluation prior to payment of any salary.
The following positions require State of Iowa Professional Licensure as listed in
281-41.402(3):
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
School Psychologist
Speech-Language Pathologist
School Social Worker
Audiologist
Educational Consultant
Educational Consultant/Preschool
Consultant/Hearing Impaired
Consultant/Visually Impaired
Teacher/Hearing Impaired
Teacher/Early Childhood Special Education
Teacher/Behavioral Disorders
Teacher/Visually Impaired
Occupational Therapist
Physical Therapist
Work Experience Coordinator
Transition Specialist
The following Quality Learning positions must:
 Possess a Masters Degree awarded from an accredited college or
university.
 Have appropriate experience in the field for which the position is posted.
Board Policy 401.5
Licensed Personnel Definition
Page 2

Possess a valid State of Iowa teaching license.
–
–
–
–
–
–
Juvenile Home Teachers
Quality Learning Consultant – Media
Quality Learning Consultant – Technology
Quality Learning Consultant – Reading
Quality Learning Consultant – Math/Science
Quality Learning Consultant – General
The following Strategic Management and Evaluation certified employees must:
 Have appropriate experience in the field for which the position is posted.
– Consultants
– Facilitators
– Parents as Teachers
Regulation Title:
Licensed Probation
References:
Board Policy 401.5
Code No:
401.5
Date of Adoption June 10, 2009
REVIEWED: 2009-10
Mississippi Bend Area Education Agency’s (Agency) Strategic Management and
Evaluation Platform will review the prior work records of all new employees. Based on
such review and pursuant to Iowa Code 279, new employees will be placed in a
probationary period of employment as detailed below. Strategic Management and
Evaluation will inform the new employee, the new employee's supervisor and the
Platform Director of the decision regarding the new employee's probationary status.
Probationary periods of employment for a new employee at Agency shall be as
follows:
 A new employee that has three years or more experience working as a
licensed professional at any one Area Education Agency (AEA) or Local
Education Agency (LEA) in Iowa, under any job title even if different than the
job title he or she is currently holding at Mississippi Bend Area Education
Agency, will be required to serve a one year period of probation. These new
employees will have a performance review during their first year of
employment with the Agency.
 A new employee that has less than three years experience working as a
licensed professional at any one AEA or LEA in Iowa will be required to
complete a three year probationary period of employment at the Agency. The
employee's first year of employment with the Agency, he or she will be placed
at Tier I, Year Two.
 Any employee new to the Agency and new to the profession will be required
to serve a three year probationary period.
 A new employee that has experience working as a licensed professional at an
AEA or LEA, but three or more years of such experience did not occur in
Iowa, will be required to complete a three year probationary period of
employment.
Licensed Probation
Page 2
 A new employee not covered by one of the categories above will be required
to complete a three year probationary period of employment.
In addition, the Agency may extend the probationary period for an additional one
year with the consent of the employee.
Section:
STAFF PERSONNEL
Code:
Policy Title:
References:
Administration Regulation 401.6
401.6
REVISED: June 20, 2007, May 14, 2008; June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
Criminal background checks are required for all prospective Mississippi Bend
Area Education Agency (Agency) employees. Each candidate will complete a form that
includes a signed waiver of information. The form will be forwarded to the appropriate
state’s Division of Criminal Investigation. Results of these checks are filed in the
Strategic Management and Evaluation Platform. The Agency will pay the cost of the
criminal record background check.
All offers of employment are based on the Agency receiving a written criminal
conviction “records check” from the law enforcement agency where the candidate resides
or recently resided. The “records check” will be used to verify the appropriate
information completed on the application form.
Employment is considered temporary until all record checks are complete and the
candidate’s background is deemed suitable. Prior to a final offer of permanent
employment for any position the Agency will perform criminal, child abuse and
dependent abuse and sexual abuse background checks. Based upon the results of the
background checks, the Agency will determine whether an offer will be extended. The
Agency may determine on a case-by-case basis that some positions will require more
thorough background checks.
Board Policy 401.6
Page 2
This policy does not affect the obligation of all applicants for initial licensure in
Iowa to complete a background check with the Iowa Board of Educational Examiners,
including the payment of required fees.
Regulation Title:
Criminal Conviction Records Procedure Code No:
References:
Board Policy 401.6
401.6
Date of Adoption November 11, 1998
REVISED: May 8, 2001; June 20, 2007; June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
All candidates recommended to the Mississippi Bend Area Education Agency
Board of Directors will have a background check.
A. The supervisor will select an applicant to recommend for hire and sends that
information to the platform director.
B. The hiring supervisor advises the candidate of this procedure, explaining that
a recommendation for employment will be made only after the background
check is completed.
C. The platform director will request that the Director of Strategic Management
and Evaluation obtain a background check from the appropriate agency.
D. The platform director will review the background check, share the information
with the hiring supervisor as appropriate, and make a recommendation to the
chief administrator.
Section:
STAFF PERSONNEL
Code:
402.1
Policy Title:
Original Contracts of Personnel
References:
Chapters 20; 272A.6; 279.12-.19; 279.23-25; 291.1; 294.1, Code of Iowa
REVISED: October 9, 1985, November 8, 1995; June 10, 1998; June 20, 2007;
June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
Contracts with all Mississippi Bend Area Education Agency employees will be in
writing and will state the contract length, the total compensation for the contract period,
and the schedule of periodic payments. All original contracts will be prepared by the
Director of Strategic Management and Evaluation, approved by the Board of Directors,
signed by the Board President, and filed in the Strategic Management and Evaluation
office.
Section:
STAFF PERSONNEL
Code:
402.2
Policy Title:
Continuing Contracts of Licensed Personnel
References:
Chapters 20; 272A.6; 279.12-19; 279.23-25; 291.1; 294.1, Code of Iowa
REVISED: November 8, 1995; June 10, 1998; May 8, 2001; June 20, 2007;
June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
The Mississippi Bend Area Education Agency’s licensed employees will be
issued either a probationary or continuing contract.
All probationary and continuing contracts will be subject to Iowa Statute 279.
Section:
STAFF PERSONNEL
Code:
Policy Title:
Assignment and Transfer of Personnel
References:
Chapters 20.9; 601A.14, Code of Iowa
402.3
REVIEWED: 2006-07, 2009-10
All Mississippi Bend Area Education Agency (Agency) assignments,
reassignments, and transfers – whether requested by an employee or initiated by the
administration – will be made in accordance with the applicable terms of the negotiated
master contracts.
All other transfers will be made by the chief administrator in the best interests of
the Agency.
Section:
STAFF PERSONNEL
Code:
402.5
Policy Title:
SALARY PLACEMENT LEVEL – LICENSED STAFF
References:
REVISED: November 8, 1995
REVIEWED: 2006-07
It is the policy of the Mississippi Bend Area Education Agency Board of
Directors to place all new licensed employees at the appropriate Board approved salary
level depending on experience and academic preparation.
It is the responsibility of the Chief Administrator to determine experience(s) and
academic preparation that qualify for salary level placement.
Section:
STAFF PERSONNEL
Code:
403.2A
Policy Title:
RESIGNATION OF LICENSED STAFF
References:
Chapters 91A; 272A.6; 279.13; 279.19A, Code of Iowa
REVISED: November 6, 1985; April 10, 1991; November 8, 1995; November 11, 1998;
June 20, 2007; June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
All Mississippi Bend Area Education Agency employee resignations will be in
writing, signed by the resigning employee, and directed to the chief administrator. The
chief administrator will then submit the resignation request, along with his or her
recommendations, to the Board of Directors (Board) for final action.
All resignations from licensed and administrative employees for the coming
contract year that are submitted within sixty calendar days of the official issuance of the
contract modification form will be accepted by the Board. All other licensed and
administrative employee resignations must be properly submitted at least thirty calendar
days prior to the requested release from contract. This may be altered upon the
recommendation by the chief administrator to the Board.
If any licensed employee leaves without proper release, the chief administrator is
directed to file a complaint with the Iowa Board of Educational Examiners.
Section:
STAFF PERSONNEL
Code:
403.2B
Policy Title:
Resignation of Non-Licensed Staff
References:
Chapters 91A; 272A.6; 279.13; 279.19A, Code of Iowa
REVISED: November 6, 1985; April 10, 1991; November 8, 1995; November 11, 1998;
June 20, 2007; June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
All Mississippi Bend Area Education Agency employee resignations will be in
writing, signed by the resigning employee, and directed to the chief administrator.
Resignations of non-licensed employees are final when received by the chief
administrator.
Non-licensed administrators, administrative support, and classified employees
will provide notice as stipulated in the current Communication Workers of America
(CWA) contract.
Section:
STAFF PERSONNEL
Policy Title:
Reduction in Force
Code:
403.4
References:
REVISED: October 14, 1992, November 8, 1995; June 10, 1998; May 8, 2001;
June 20, 2007; June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
The number of Mississippi Bend Area Education Agency (Agency) employees
may be reduced due to a change in program, employee realignment, a change in the size
or nature of the student population, and/or due to budgetary considerations, or other
reasons as stated by the Board of Directors. Such reduction of employees will be
accomplished through normal employee attrition, whenever possible.
In the absence of a collective bargaining agreement, the reduction in force will be
determined by certification or skills required for performance of a particular job
assignment. When the foregoing factors are relatively equal, the decision will be based
on seniority.
The Agency may offer retraining to employees who have been laid off.
Section:
STAFF PERSONNEL
Policy Title:
Leaves of Absence
Code:
404.0
References:
REVISED: November 8, 1995; May 8, 2001; June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
Mississippi Bend Area Education Agency employees will be granted leaves of
absence as determined by the negotiated contract or the Board of Directors approved
contract addendum.
Section:
STAFF PERSONNEL
Policy Title:
Work Schedules and Calendars
References:
Code:
404.1
Administrative Regulation 404.1A, 404.1B, 404.1C, 404.1D, 404.1E, 404.1G
REVISED: November 8, 1995; June 20, 2007; June 12, 2013
REVIEWED: 2006-07
Mississippi Bend Area Education Agency (Agency) supports flexible work
schedules for all its employees. The Agency wants to accommodate the varied personal
and professional time schedule requests of its employees. The chief administrator will
develop regulations to fully implement this policy.
Regulation Title:
Flex-Time Procedures
References:
Board Policy 404.1
Code No:
404.1A
Date of Adoption April 1, 1991
REVISED: January 13, 1993; November 8, 1995; June 20, 2007; June 10, 2009;
June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
Mississippi Bend Area Education Agency (Agency) hourly employees, upon
approval of immediate supervisor, may be allowed to accumulate hours in excess of their
normal workday to be used at a later time in the work week, or to make up time taken off
earlier in the work week. The work week is Sunday through Saturday. The hours may be
accumulated by working through one half hour of the lunch break or by working one half
hour prior to, or after the normal work shift.
Flextime will be approved by a supervisor if there is no disadvantage to the
Agency. A disadvantage to the Agency means that the work to be performed during the
time period the employee has requested to be released cannot be adequately performed at
times requested.
Agency paid break time will not be used for the purpose of accumulating flextime
hours, nor may the breaks be taken at the beginning or end of the work shift. Lunch
hours fall between 11:30 a.m. and 1:30 p.m.
It is not intended that flex-time be used on a regular basis. Flex-time may be
requested by contacting the immediate supervisor.
Regulation Title:
Work Hours
References:
Board Policy 404.1
Code No:
404.1B
Date of Adoption August 9, 1995
REVISED: May 12, 2004; June 20, 2007; June 10, 2009; June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
The Mississippi Bend Area Education Agency (Agency) provides a flexible work
schedule of all hourly employees when the requests do not interfere with work.
Regular Work Hours:
 Agency hours are 7:30 a.m. - 4:30 p.m. year round.
 All employees will schedule their regular work hours between 7:00 a.m. - 5:00
p.m.
 All employees will have at least 1/2 hour for lunch each day between 11:30 a.m.
and 1:30 p.m.
 Breaks will be taken during the shift, not at the beginning or at the end nor on
either side of the lunch hour.
 Employees may select 1/2 hour, 1 hour or 2 hour lunch break.
 Flex-time (Regulation 404.1A Flex Time) applies.
 Second and third shift employees are not governed by the first three items
above.
 Part time and second and third shift employees’ work time will be determined
by their supervisor and reported to Strategic Management and Evaluation.
Employees requesting flexible work hours will follow these procedures:
1. Complete Alternate Work Schedule Request form.
2. Submit form to immediate supervisor.
3. Supervisor approves unless there is a significant disadvantage to the Agency.
4. A copy of the approved schedule is filed with the platform director.
Alternate Work Schedule Request
Date:
Name:
Job Title:
Location:
1. What hours do you wish to work?
2. How long a lunch time are you requesting?
Employee Signature
Supervisor Signature
If not approved, please state reason(s):
Date
Date
Approved
Not Approved
Regulation Title:
References:
Calendar Approval and Change
Procedures
Board Policy 404.1
Code No:
404.1C
Date of Adoption August 17, 1994
REVISED: November 8, 1995; August 9, 2000; May 8, 2001; May 12, 2004;
May 11, 2005; June 20, 2007; June 10, 2009; May 12, 2010; June 9, 2010;
June 12, 2013
REVIEWED: 2006-07; 2009-10
The Mississippi Bend Area Education Agency (Agency) requires that licensed
employees submit a work calendar prior to the beginning of the work year.
A. The following procedures apply to work calendars for licensed employees who do not
complete a timesheet:
1. Employees will submit a calendar to their supervisor indicating the days they wish
to work, with an “x” through days which will not be worked (non-contract days).
Due date of the calendar will be determined by the platform director. Indicate
holidays on the work calendar.
2. Supervisors will adjust as needed and approve the calendar.
3. Supervisors will send a copy of the approved calendar to the employee.
B. The following procedures apply to work calendar changes:
1. Employee request
a. Employee completes request form prior to date of requested calendar change.
b. Supervisor approves request if there is no disadvantage to the Agency.
c. Employees receive a copy of the decision.
2. Agency request
a. Platform director or designee contacts employee and explains the calendar
change request.
b. Employee input is gathered.
c. Employee completes request form prior to date of requested calendar change.
d. Supervisor approves request.
e. Calendar change is finalized and employee is notified in writing.
Calendar Approval and Change Procedures
Page 2
C. The following conditions apply to calendar approvals, changes, and flexible work
requests:
1.
All required contract days will be worked between July 1 and June 30, of each
school year. Work days will normally be Monday-Friday between the hours
of 7:30 a.m. - 4:30 p.m.
2.
Calendar change requests will be given approval by the supervisor if there is no
disadvantage to the Agency. A disadvantage to the Agency means that the work
to be performed during the time period the employee has requested to be
released cannot be adequately performed at another time.
3.
Prior to any change, the maximum amount of lead time will be given.
Request for Calendar Change
Name:
1.
Date:
Change requested: change
from a work day to a
date(s)
from a non-work day to a
day(s)
non-work day and
(Optional)
work day.
day(s)
date(s)
2.
Reason(s) for change:
3.
Supervisor review and comment:
Approved
Supervisor Signature
year
Not Approved
Date
Regulation Title:
References:
Severe Weather Condition Closing
Procedures
Board Policy 404.1
Code No:
404.1D
Date of Adoption November 15, 1988
REVISED: December 15, 1993, November 8, 1995; June 10, 1998; May 12, 2004;
June 20, 2007; June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
The following guidelines have been developed in an attempt to meet the needs of
the Mississippi Bend Area Education Agency (Agency) while also considering the safety
of each employee. Three sets of circumstances are outlined to cover the various
employee assignment situations that exist within the Agency.
Employees always retain the right to use judgment when evaluating weather
situations. Should employees determine that it would not be reasonable to attempt to
reach your assignment due to dangerous weather conditions, they may use paid time off,
non-contract days, vacation time, or ask for unpaid leave to cover the time lost.
Employees must notify their office or supervisor regarding this decision, and may ask
questions regarding the nature or intent of these procedures.
I. EMPLOYEES ASSIGNED FULL-TIME TO AN AREA EDUCATION
AGENCY SERVICE CENTER [Employees included in this category are:
administrative staff, classified staff, and quality learning consultants.]
A. When the school district in which the Mississippi Bend Area Education
Agency center is located announces its closing in the morning, the office
will automatically delay opening until 9:00 a.m. If the district has a
delayed start, the Mississippi Bend Area Education Agency office will
open at the normal time.
B. Employees who begin work before 9:00 a.m. on late start days may
accumulate time off (if they began work before 9:00 a.m.) under either
of the following conditions:
1. they were assigned work by their supervisor
2. their early arrival was unavoidable (supervisor shall keep
records of the reasons for unavoidable early arrival)
Administrative Regulation 404.1D
Severe Weather Condition Closing Procedures
Page 2
C. Should weather conditions indicate that even adult travel would be
impossible or exceptionally hazardous beyond 9:00 a.m., the chief
administrator will notify the communication facilitator, who will post the
closing on the Agency’s website, notify the radio stations and initiate the
Agency’s automated telephone notification system.
D. Employees who for personal reasons cannot get to their office by 9:00
a.m. may use available leave or flex time to cover any time missed. In the
event the employee misses the entire day due to snow, then a more
appropriate type of leave should be used, such as vacation, paid time off,
non-contract days, or unpaid leave. When the Agency declares a delayed
start, early dismissal, or all day closing, the time missed because of the
delayed start, early dismissal, or all day closing shall be excused with pay.
II.
EMPLOYEES ASSIGNED TO ONE OR MORE SCHOOLS OR OTHER
SERVICE SITES (ITINERANT STAFF) [Employees included in this
category are: Assistive Technology, Hearing Department staff including
audiologists, audiometrists and teachers of the deaf/hard of hearing, Autism
team, educational consultants, school psychologists, social workers, Early
ACCESS and early education staff, itinerant teachers for vision, OTs, PTs,
parent-education facilitators, speech/language pathologists, transition
consultants.]
A. Employees should follow the dismissal and makeup schedule of the
district or districts into which they are assigned on the day of the severe
weather. Any schedule conflicts which result from this should be resolved
through discussion with the employee’s immediate supervisor.
B. All time missed as a result of delayed start or early dismissal by local
districts shall be excused with pay. Days missed because assigned LEA(s)
are closed must be made up except when the Mississippi Bend Area
Education Agency service center office to which the staff member is
assigned is also closed. Employees are responsible for scheduling makeup days through their immediate supervisor.
C. With the approval of their supervisor, employees may work on days when
their building is closed based on the following criteria:
1. They have sufficient contract days remaining to make up all time
missed as a result of their school or schools being closed, and
2. They have sufficient contract days remaining to meet all Agency
requirements.
III. EMPLOYEES ASSIGNED TO MISSISSIPPI BEND
JUVENILE DETENTION CENTER
Severe Weather Condition Closing Procedures
Page 3
When the Davenport Community School District cancels school, the Juvenile
Detention Center will also be cancelled. Staff will make up the day or days at
the end of the school year.
When the Davenport Community School District has a late start or early out,
the Juvenile Detention Center will observe the regular school schedule.
IV. CLOSING AEA SERVICE CENTER OFFICES
The decision to close any AEA Service Center will be based on travel
conditions in that area. AEA Service Center offices will be closed when
travel is judged to be extremely dangerous (e.g., other community businesses
are closing). The decision to close the Bettendorf Service Center will be made
by the chief administrator. The decision to close the AEA Service Center
offices in Clinton and Muscatine will be made by the chief administrator and
the sector coordinator for each service area.
Regulation Title:
References:
Request for a Permanent Variation
From Normal Work Hours
Board Policy 404.1
Code No:
404.1E
REVIEWED: 2006-07, 2009-10
Mississippi Bend Area Education Agency (Agency) employees can request a
permanent variation in work hours by following the procedures below:
A. Employee completes request form to either start work before 7:00 a.m. or
complete work shift after 5:00 p.m. and sends to immediate supervisor.
This applies only to hourly employees who complete timesheets.
B. If necessary, supervisor meets with employee to discuss completed form.
C. Supervisor reviews completed form and forwards a recommendation to
the platform director.
D. Platform director approves or disapproves. Disapproved requests will be
returned to the supervisor.
E. Approved requests are filed with Strategic Management and Evaluation with
copies sent to the chief administrator, supervisor, and employee.
Request for a Permanent Variation
from Normal Work Hours
Name:
Date:
Job title:
Requested work hours:
Complete the following statements in relation to your request for a permanent variation from
normal work hours.
Explain the reason for the request?
Employee Signature
Recommendation:
Date
Approved:
Yes
No
Supervisor’s Signature
Date
Yes
No
Platform Director’s Signature
Date
* This request must be made prior to the date(s) requested.
Regulation Title:
Home Office
References:
Board Policy 404.1
Code No:
404.1G
REVISED: November 12, 2003, May 12, 2004; October 12, 2005; June 20, 2007
June 10, 2009, August 11, 2010; ; June 12, 2013
REVIEWED: 2006-07
The purpose of providing Mississippi Bend Area Education Agency (Agency)
staff with an option to “Home Office” is to maximize the efficient and effective delivery
of Agency services by providing flexibility for staff to locate their office in a location that
makes the most sense for their particular situation.
Employees may work at home performing professional duties with the written
approval of the platform director. Approval will be for one school year unless, in the
Agency’s judgment, the approval should be terminated before the end of the year.
Home Office Application Approval and Implementation Standards
Definition:
“Home office” refers to the practice of allowing staff to locate materials and
equipment necessary to complete the various administrative responsibilities of
their assignment at home and to regularly spend part of their work week at their
home doing “agency work” upon approval of their direct supervisor and platform
director. Home office dates and times would be static during the year and listed
on an employee’s approved yearly and daily calendar.
Home Office Application and Approval Process – Following are the standards staff should use
when requesting permission to home office and administrators will use when considering
approval of such requests:
A. Appropriate office space must not be available at either the respective sector office or
any of the staff members LEA assignments unless the applicant must present
evidence of a clear financial savings or service time advantage to the Agency as a
direct result of allowing the home office option.
Administrative Regulation 404.1G
Home Office
Page 2
B. Home office option is available only to staff who have worked for the Agency for at
least two years.
C. Any additional costs to the Agency that might occur as a result of the request must be
balanced by tangible savings to the Agency or in clearly identified increased service
time to customers.
Staff members that have home office approval will be eligible to
request a printer, cartridges, and printer paper. Should such equipment
and supplies be requested, the cost must be computed in the
calculations necessary to meet criteria C.
D. Home office staff must be able to respond to phone and e-mail in the same timely
manner staff located in an Agency office are expected to do. Staff members are
expected to be in the home office during the time they are scheduled to be in the
home office. Staff selecting to home office will be required to use the Outlook
calendar to assure accessibility and allow for necessary changes in this schedule.
E. Request for permission to home office must be submitted yearly, on the proper form,
to the direct supervisor to obtain their approval and reflected in the employees’
annual calendar when submitted to their respective platform director for approval.
Home Office Forms must be submitted yearly, by June 15, or other date as
determined by your platform director.
Regulation Title:
Work at Home
References:
Board Policy 404.1
Code No:
404.1H
REVIEWED:
The Mississippi Bend Area Education Agency (Agency) allows staff, under
unique and special circumstance, to work at home upon approval of the direct supervisor.
Working at home would occur only occasionally and would not appear on an employee’s
yearly calendar, but would appear on their daily calendar.
Following are the standards staff should use when requesting permission to work
at home and supervisors will use when considering approval of such requests: (Work at
home is not to be used in place of using PTO, which is provided to allow staff to care for
ill family members, handle personal business that can’t be done after regular working
hours, etc.)
•
The working at home option is available to all staff members who have work
that can be completed at home at no additional expense to the Agency.
•
Working at home is to be used only when special circumstances exist
(inclement weather, contagious illness, physical injury, etc.) that would make
it difficult to physically come to work, but the employee is still able to work.
•
Requests to work at home can only be approved if the employee has work that
can be appropriately completed at home.
•
Requests to work at home can be granted by the direct supervisor for a single
day without approval of a Platform director. No form will be required.
Requests to work at home longer than a single day must be submitted for prior
approval on the proper form to the direct supervisor and then to the
appropriate platform director.
Section:
STAFF PERSONNEL
Policy Title:
DRUG FREE WORKPLACE
Code:
405.10
References: Drug Free Workplace Act of 1988; Iowa Code 204.279.8, Administrative
Regulation 405.10
REVISED: May 8, 2001; June 20, 2007; June 10, 2009; June 9, 2010; June 12, 2013
REVIEWED: 2006-07; 2009-10
No Mississippi Bend Area Education Agency (Agency) employee will
distribute, dispense, possess, use or be under the influence of any alcoholic
beverage, malt beverage, fortified wine, or other intoxicating liquor or unlawfully
manufacture, distribute, dispense, possess, or use or be under the influence of any
narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic
steroid or any other controlled substance, as defined under federal laws and
regulations, at any Agency location at any time.
Alcohol will not be served at any event solely directed by the Agency.
When alcohol is available at events where staff members are representing the
Agency, professional behavior should be exhibited at all times. Under no
circumstances may staff use Agency funds to purchase alcohol or drive an Agency
vehicle after consuming any amount of alcohol.
As a condition of employment each employee will notify his or her
supervisor in writing of his or her conviction of any criminal drug statute, no later
than five calendar days after such conviction regardless of when or where the
offense occurred. Any employee who violates the terms of the Agency's Drug and
Alcohol Policy will be subject to Board Policy 400.7 Discipline Options, or the
licensed employee contract (whichever is applicable) and, at his or her own
expense must satisfactorily participate in a drug abuse assistance or rehabilitation
program approved by the Board of Directors (Board). If the employee fails to
Board Policy 405.10
Drug Free Workplace
Page 2
satisfactorily participate in such a program, the employee's contract will not be
renewed or employment may be suspended or terminated at the direction of the
Board.
The chief administrator or designee will be responsible for publication and
dissemination of this policy to each employee. In addition, the chief administrator
will oversee the establishment of a drug-free awareness program to educate
employees about the danger of drug abuse and make them aware of available drug
counseling programs.
Regulation Title:
Drug Free Workplace
References:
Board Policy 405.10
Code No:
405.10
REVISED: April 14, 1993, November 8, 1995; June 10, 1998; May 8, 2001;
REVIEWED: 2006-07; 2009-10
It is incumbent upon Mississippi Bend Area Education Agency (Agency)
administration to act responsibly in all cases dealing with chemical dependency. It is
important that the best interests of the employee be protected. In all cases, the safety and
welfare of clients is paramount.
 All employees and each new hire will receive a copy of this policy and
regulation.
 Early identification is of benefit to the employee, to the students, and to the
school districts which we serve. Those responsible for identification should
document the indicators of a problem and bring it to the attention of the
employee involved.
Supervisors responsible for early identification may use the following list of
conditions as possible guides. It is important to recognize that these are
guidelines and medical conditions may cause similar symptoms.
Smell of alcohol on breath or person, slurred speech, disorientation,
lack of motor coordination, confession of employee that he or she was
drinking alcohol or ingesting drugs, information relayed by employees
or others, traces of alcohol in any container, drugs or drug
paraphernalia, smell of marijuana, deteriorating physical appearance,
sunglasses worn at inappropriate times, changes in behavior after
lunch or a break, complaints from co-workers, excessive absenteeism,
tardiness, unexplained departures from work or disappearance from
the job area, more than the normal number of job-related injuries or
accidents.
 If after meeting with the employee and conferring with the Director of
Strategic Management and Evaluation, the supervisor determines that a
problem exists, the employee will be encouraged to seek professional
assistance. Participating in the corrective program is completely voluntary,
and self-referral is considered the first positive step toward a successful
recovery program
Drug Free Workplace
Page 2
o All employees will be informed of provisions of the health insurance
policy which are applicable to participation in drug abuse and
rehabilitation programs.
o Confidentiality of employees' records will be appropriately maintained.
 Should the employee evidence any of the following, the case will be treated as
any other discipline case:
o failure to seek help
o fail to carry out the treatment plan,
o continue to use a chemical while on duty,
o demonstrate a poor job performance.
 Nothing in this policy will be construed to waive the Board of Directors
(Board) or administration's right to terminate an employee’s employment for
violations of federal or state statutes, or Board policies arising from substance
abuse.
Section:
STAFF PERSONNEL
Code:
Policy Title:
VIOLENCE IN THE WORK PLACE
405.11
References:
Legal References: (Code of Iowa) 708.6708.11.724.4
REVISED: June 10, 1998; June 20, 2007; June 9, 2010; June 9, 2010; June 12, 2013
REVIEWED: 2006-07; 2009-10
Mississippi Bend Area Education Agency (Agency) is committed to providing a
safe, professional work environment that is free of violence, either by employee against
employee or by third parties against employees. Work-place violence includes, but is not
limited to, the following when such conduct is committed on property, at an Agency
activity or event, or in connection with an Agency activity or event:
 Offensive and/or unlawful touching by one person against another
 Threats of bodily harm to another
 Use of abusive language, threatening, or intimidating comments
 Possession of unauthorized firearms or weapons while on Agency property
 Stalking
 Use of intimidating, threatening or hostile behaviors
 Causing or encouraging another to commit conduct as listed above
 Any other conduct detrimental to Agency personnel, which may cause undue
disruption of work or endanger the safety of persons or property.
Employees who believe they have been subject to violence in the workplace
should immediately terminate all contact with the person and file a written complaint
(Board Policy 204.12 Complaints) with the Director of Strategic Management and
Evaluation. Employees who have observed or have knowledge of any violations of this
policy should also immediately report it to the Director of Strategic Management and
Evaluation.
Allegations of work-place violence will be investigated and, if substantiated,
Board Policy 405.11
Violence in the Work-Place
Page 2
disciplinary action will be taken. Initiating a complaint under this policy will not cause
any negative impact on complainants nor will it affect their employment, compensation,
or work assignments.
Upon receipt of information of violence in the work-place, the Agency will take
all necessary actions to ensure employee safety.
Section:
STAFF PERSONNEL
Policy Title:
CONFLICTING EMPLOYMENT
Code:
405.4
References:
REVISED: October 9, 1985; November 8, 1995; June 20, 2007; June 9, 2010
REVIEWED: 2006-07, 2009-10
Mississippi Bend Area Education Agency (Agency) employees will not engage in
gainful employment or any other activities outside the Agency that will interfere or
conflict with the performance of job responsibilities.
The Chief Administrator may approve outside employment related to Agency
services on recommendation of the employee's platform director.
Regulation Title:
Safety Committee
References:
Board Policy 405.7
Code No:
405.7
REVIEWED: 2006-07, 2009-10
Mississippi Bend Area Education Agency (Agency) safety committee will be
established. Membership will include employees and administrators from specific
departments, Agency representatives and union representatives, and will be chaired by
the Head of Environmental and Facility Services.
The committee will meet on a quarterly basis or as needed to discuss safety and
security issues, use the solution focus model to determine outcomes, perform
trainings/inservices, and provide communications with the Agency and other staff
employees members. Meeting summaries will be published in Around the Bend and
posted on the Agency website.
Regulation Title:
Safety Committee
References:
Board Policy 405.7
Code No:
405.7
REVIEWED: 2006-07, 2009-10
Mississippi Bend Area Education Agency (Agency) safety committee will be
established. Membership will include employees and administrators from specific
departments, Agency representatives and union representatives, and will be chaired by
the head of environmental and facility services.
The committee will meet on a quarterly basis or as needed to discuss safety and
security issues, use the solution focused model to determine outcomes, perform
trainings/inservices, and provide communications with the Agency and other staff
members. Meeting summaries will be published in Around the Bend and posted on the
Agency website.
Section:
STAFF PERSONNEL
Code:
405.8
Policy Title:
HARASSMENT
References:
Section 703 of Title VII of the Civil Rights Act of 1964
REVISED: October 9, 1985; March 10, 1993; February 16, 1994; November 8, 1995;
June 10, 1998; October 11, 2000; May 12, 2004; June 20, 2007;
June 10, 2009; June 9, 2010; June 12, 2013
REVIEWED: 2006-07; 2009-10
It is the policy of the Mississippi Bend Area Education Agency (Agency) to
maintain a learning and working environment free from harassment. No employee of the
Agency will be subjected to sexual harassment nor will any employee be subjected to
harassment on the basis of age; race; creed, color; sex; sexual orientation; socio
economic, gender identify; national origin; ancestry; religion; disability; actual or
potential parental, family or marital status; or any other status protected by relevant law.
It will be a violation of this policy for any employee of the Agency to harass
another employee through conduct of a sexual nature or conduct designed to reduce the
dignity of that individual with respect to age; race; creed, color; sex; sexual orientation;
gender identify; national origin; ancestry; religion; disability; actual or potential
parental, family or marital status; or any other status protected by relevant law. Any
employee who believes he or she is subject to harassment may exercise his or her right
to object to the behavior and also report the behavior to the employee's supervisor or
Executive Director. It is not necessary for any employee who feels he or she is the
subject of sexual harassment or offensive behavior to handle it by himself or herself. If
an employee feels harassed or offended by a supervisory or management person, by a
member of the Board of Directors (Board), or any other person whom he or she
encounters in the course of employment, and does not feel able to deal with the
problem directly, the employee should report the behavior
Administrative Policy 405.8
Harassment
Page 2
to his or her supervisor, or the Executive Director.
Each supervisor will be responsible for promoting understanding and acceptance
of, and assuring compliance with, state and federal laws and board policy and procedures
governing harassment. Supervisory and managerial employees should also understand
that they have an affirmative obligation to report any allegations of sexual harassment to
the Director of Strategic Management and Evaluation for further investigation.
Violations of this policy or procedure will be cause for disciplinary action up to and
including dismissal.
Definitions
 Sexual harassment means unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature when:
o Submission to such conduct is made either explicitly or implicitly a term
or condition of an individual's employment
o Submission to or rejection of such conduct by an individual is used as the
basis for employment decisions affecting such individual
o Such conduct has the purpose or effect of unreasonably interfering with an
individual’s performance or creating an intimidating, hostile, or offensive
working environment
Sexual harassment, as set forth in the above section, may include, but is not
limited to the following:
- Verbal or written harassment or abuse
- Repeated remarks to a person with sexual or demeaning implications
- Unwelcome touching
- Suggesting or demanding sexual involvement, accompanied by
implied or explicit threats concerning one's job, etc.
 Harassment on the basis of age; race; creed, color; sex; sexual orientation;
gender identify; national origin; ancestry; religion; disability; actual or
potential parental, family or marital status; or any other status protected by
Harassment
Page 3
relevant law means conduct of a verbal or physical nature that is designed to
embarrass, distress, agitate, disturb, or trouble persons when:
o Submission to such conduct is made either explicitly or implicitly a term
or condition of a person's employment
o Submission to or rejection of such conduct by an employee is used as the
basis for employment decisions affecting such individual
o Such conduct has the purpose or effect of unreasonably interfering with an
individual’s performance or creating an intimidating, hostile or offensive
working environment
Harassment, as set forth in the above section, may include, but is not limited
to the following:
- Verbal, physical, or written harassment or abuse
- Repeated remarks of a demeaning nature
- Implied or explicit threats concerning one's job, etc.
- Demeaning jokes, stories, activities directed at an employee
Procedures for Filing a Complaint
Employees who feel they have been harassed or who feel they have witnessed
incidents of harassment are encouraged to contact their supervisor or file a complaint.
Complaints may be filed with the Executive Director, (563) 344-6315.
The Agency assures all employees that employees filing reports will not be
discriminated against as a result of the complaint. The procedure for filing a complaint is
outlined in Board Policy 204.12 Complaints.
All reports will be kept as confidential as possible and retaliation will not be
tolerated.
Investigation
All reported incidences of harassment will be investigated by the Executive Director
Harassment
Page 4
for determination of basis in fact. The determination of basis in fact will be made on the
totality of the circumstances emphasizing the nature of the alleged harassment and the
context in which the alleged incident occurred. The determination of basis in fact will be
made on a case by case basis following examination by the Executive Director and the
chief administrator.
Disposition
The Agency Board affirms its intention to inform its employees of his or her right to
raise questions concerning sexual and other types of harassment and to inform all employees of
its disapproval of any acts which may constitute harassment.
The Agency affirms the right to discipline any administrator, supervisor, or employee
under this policy through suspension, with or without pay, or any other
disciplinary action it deems to be appropriate in light of the seriousness of the incident.
Section:
STAFF PERSONNEL
Code:
405.9
Policy Title
COMMUNICABLE DISEASE
References:
Code of Iowa, Chapters 139, and numerous other provisions
REVISED: May 8, 2001; June 9, 2010
REVIEWED: 2006-07, 2009-10
The Mississippi Bend Area Education Agency Board of Directors recognizes the
importance associated with the control of communicable diseases. Therefore, the Board
acknowledges that it will be in compliance with the laws and regulations of the Code of
Iowa, the Department of Health, and the Department of Education concerning
communicable disease. It will be the responsibility of the Chief Administrator or
designee to develop and to implement procedures dealing with communicable disease.
Regulation Title:
References:
Board Policy 405.9
Code No:
405.9
REVISED: August 17, 1994; November 8, 1995; June 10, 1998; May 8, 2001;
REVIEWED: 2006-07, 2009-10
The purpose of this Mississippi Bend Area Education Agency (Agency)
Administrative Regulation is to establish procedures relating to employees who may
acquire or who may come in contact with a communicable disease.
Background
In view of the nationwide concern relating to the rise of communicable diseases,
appropriate procedures must be in place should the Agency be faced with incidents of
these illnesses which would require an Agency response. It is the intent of this procedure
to strike a balance between the right of an employee having a communicable disease to
continue employment and the right of Agency employees to be free from the risk of
exposure to a communicable disease which may affect their health, safety or welfare.
Definition of Communicable Disease
Communicable disease is an illness due to a specific infectious agent or its
products from an infected person, animal, or inanimate reservoir to a susceptible host,
either directly or indirectly through an intermediate plant or animal host vector, or the
inanimate environment.
General
The Agency is committed to preventing the spread of communicable diseases at
its various work locations. The Agency is committed to educating its employees about
precautions necessary to prevent the transmission of such diseases. The intention of these
procedures is to promote the health and regular attendance of Agency employees.
Page 2
Each incident of communicable disease and the determination of the course of
action to be taken by the Agency will be dealt with on a case-by-case basis.
If the Agency has reasonable cause to believe that an employee has a
communicable disease, the Agency may request that the individual submit to an
appropriate medical evaluation to determine what course of action, if any, will be taken
by the Agency.
The identity of an employee who has a communicable disease or who is suspected
of having such a disease shall not be released without the permission of the employee,
except as otherwise permitted by law.
Procedures Relating to Employees
Employees with identified communicable diseases will be allowed to retain their
position if they do not pose a significant risk of communicating a disease to others or if
they do pose a significant risk of communicating a disease as a result of a disability, but
can be reasonably accommodated to either eliminate the risk or reduce it to an acceptable
level. If no reasonable accommodation exists that would either eliminate or reduce the
risk, the Agency may discharge an employee who poses a significant risk of
communicating a disease.
The Agency will respect the right to privacy of any employee who has a
communicable disease. The employee's medical condition will be disclosed only to the
extent necessary to minimize the health risks to the employee and others. The number of
personnel aware of the employee's condition will be kept at the minimum needed to
detect situations in which the potential for transmission may occur. Agency employees
deemed to have a "direct need to know" will be provided with the appropriate
information; such Agency employees will not further disclose such information. The
Page 3
medical information will be kept separate from an employee's personnel file, and treated
as a confidential medical record, except that supervisors and managers may be informed
regarding necessary restrictions on the work or duties of the employee and necessary
accommodations.
Any course of action taken by the Agency with regard to this procedure will
consider: (1) the nature of the risk (how the disease is transmitted): (2) the duration of
the risk (how long the carrier is infectious); (3) the severity of the risk (what is the
potential harm to third parties); and (4) the probabilities the disease will be transmitted
and will cause varying degrees of harm.
Note: In determining a course of action, the Iowa Department of Public Health will be
contacted to obtain current available guidelines concerning the particular communicable disease
in question.
If it is the decision of the Agency’s Chief Administrator that the employment of
an employee who has a communicable disease is not to be permitted because he or she
poses a significant risk to the health and safety of others, the Chief Administrator will
notify the employee in writing of the intended action. After receiving such notification,
the employee will be entitled to request an informal hearing, the purpose of which is to
make certain that all factors and circumstances have been given appropriate
consideration. The hearing body will be determined and appointed by the Agency’s chief
administrator.
Before an employee determined to pose a significant risk to the health and safety
of others may resume his or her employment activities, a notification that the employee
no longer poses such a risk must be received from a private physician, clinic, or the
Department of Health.
Page 4
An Agency employee who refuses to work with an individual who has a
communicable disease determined to present only a remote risk will first be directed to a
medical expert designated by the Agency to help allay his or her fears. If refusal persists,
the employee is not excused from fulfilling assigned responsibilities and such refusal can
result in disciplinary action up to and including termination.
Responsibilities for Infectious Disease Education and Prevention
The Director of Strategic Management and Evaluation will ensure that the
Agency work force is provided with appropriate factual material regarding communicable
disease matters and precautions. The Director of Strategic Management and Evaluation
will also be responsible for making recommendations on the need for immunization of
employees for vaccine preventable diseases, based upon health hazard evaluations by
Public Health Authorities.
Should the Agency become aware of any employee who is infected with a
communicable disease, the Director of Support Services will be responsible for
recommending action on the employment status of the employee, determining the
possible risk to co-workers, and for reporting to appropriate health authorities, as
required.
Employee-Student Interaction
The Agency's provision of educational service to an infected student will be based
upon the Agency’s chief administrator's review of the school district superintendent's
assessment of the risk and benefit to the student, classmates, and/or school personnel.
The least restrictive appropriate educational setting will be provided for the affected
student. Inservice education concerning specific proper medical procedures for
interactivity with students who possess specific communicable disease will be provided.
Page 5
If an Agency employee learns that a student receiving services "is positive for the
HIV virus or has AIDS", the information must be held in strictest confidence. The
employee will not share this information with anyone.
Page 6
Communicable Disease List
Acquired Immune deficiency syndrome (AIDS) and AIDS defining conditions
Anthrax
Arboviral disease (includes West Nile Virus, St. Louis, LaCrosse, WEE, EEE, VEE
encephalitis)
Botulism
Brucellosis (Brucella)
Campylobacteriosis (Campylobacter)
Chlamydia
Cholera
Cryptosporidiosis
Diphtheria
Enterococcus: invasive disease
Escherichia coli shiga toxin-producing and related diseases (includes HUS and TTP)
Giardiasis (Giardia)
Gonorrhea
Haemophilus influenzae type B, invasive disease
Hansen’s disease (Leprosy)
Hantavirus syndromes
Hepatitis A, B, C, D, E
Human immunodeficiency virus (HIV)
Legionellosis (Legionella)
Listeria monocytogenes, invasive disease
Lyme disease
Malaria
Measles (rubeola)
Menningococcal, invasive disease
Mumps
Pertussis
Plague
Poliomyelitis
Psittacosis
Rabies (human and animal)
Rocky Mountain spotted fever
Rubella (including congenital)
Salmonellosis (Salmonella)
Severe acute respiratory syndrome (SARS)
Shigellosis (Shigella)
Smallpox
Staphylococcus aureus: Invasive disease & Methicillin-resistant (MRSA), invasive
disease & Vancomycin-resistant (VRSA)
Streptoccus pneumoniae, invasive disease
Syphillis
Tetanus
Toxic shock syndrome
Trichinosis
Tuberculosis, extra-pulmonary, pulmonary & laryngeal (infectious)
Page 7
Typhoid Fever
Viral hemorrhagic fever (VHF) (e.g. Lassa, Marburg, Ebola, Crimean-Congo, South
American)
Yellow fever
Environmental and Occupational Diseases
Agricultural related injury
Arsenic poisoning
Blood lead testing
Cadmium poisoning
Carbon monoxide (CO) poisoning
Hypersensitivity pneumonitis
Mercury poisoning
Methemoglobinemia
Microcystin (Blue-green algal) poisoning Noncommunicable respiratory illness
Occupationally related asthma, bronchitis, or respiratory hypersensitivity reaction
Pesticide poisoning
Severe skin disorder
Toxic hepatitis
Traumatic Spinal Cord Injury (TSCI)
Traumatic Brain Injury
Diseases reportable to Iowa Department of Public Health
Section:
STAFF PERSONNEL
Policy Title:
SUBSTITUTE EMPLOYEES
References:
Code:
406,2
REVIEWED: 2006-07, 2009-10
Mississippi Bend Area Education Agency will provide substitutes as needed and as
available for licensed and classified positions. A substitute is defined as one who continues
the work of an existing employee. Substitutes will be employed on the recommendation of
the immediate supervisor and approval by the platform director. Substitutes will possess the
appropriate Department of Education certification, if applicable.
Regulation Title:
References:
Board Policy 406.2
Code No:
406.2A
REVIEWED: 2006-07, 2009-10
The Mississippi Bend Area Education Agency (Agency) will provide a substitute
employee for either licensed or classified positions when the regular Agency employee is
absent due to chronic or continual illness, parent/maternity leave, or extended leave. In
order to procure an appropriate substitute, the immediate supervisor will:
A. Contact Strategic Management and Evaluation to obtain a list of licensed
and/or classified substitutes.
B. Review the list of applications and interview and/or recruit accordingly.
C. Recommend a substitute to the platform director who will forward the
recommendation to Strategic Management and Evaluation for payroll
purposes.
D. With approval from the platform director, the supervisor will schedule the
substitute to begin work.
Licensed substitutes will be paid the rate of the BA-1 or MA-1 depending on the
requirement of the position. Classified substitutes will be paid at the beginning rate of
the relevant salary range. All substitutes will be paid from time sheets completed by the
substitute and approved by their supervisor. Lists of substitutes will be updated
regularly.
Any changes from this payment schedule must have written authorization from
the respective platform director and the chief administrator. Existing part-time
employees who agree to substitute will be paid at their per diem rate.
Regulation Title:
Temporarily Filling Open Positions
References:
Board Policy 406
Code No:
406.2B
REVIEWED: 2006-07, 2009-10
When a Mississippi Bend Area Education Agency classified employee resigns,
the Platform director may assign the majority of the work of the resigned employee to an
existing employee [interim (job title)]. When this is done, the interim employee with the
assignment of the resigned employee will be paid at the rate of the resigned employee
according to the CWA master contract.
The interim position will not start sooner than two weeks prior to the resignation
date of the employee who is leaving and will not extend more than three weeks beyond
the beginning date of the new employee.
Bargaining unit employees who do the majority of the work of a non-bargaining
employee will retain this unit seniority.
Section:
STAFF PERSONNEL
Policy Title:
TEMPORARY EMPLOYEES
References:
Code:
406.3
June 12, 2013
REVIEWED: 2006-07, 2009-10
Mississippi Bend Area Education Agency (Agency) has needs from time to time
for temporary/short-term job assignments, including special projects or to fill needs due
to employee leaves of absence or temporary job reassignments.
Temporary Agency employees will be hired:
 For special projects due to unusual circumstances
 To fill a position for the probationary time period
Temporary employees will be employed only on the written recommendation of
the platform director and chief administrator and will be listed as part of the Board of
Directors Consent Agenda. Anyone working beyond the probationary time period will be
considered a permanent employee.
Regulation Title:
Temporary Employees
References:
Board Policy 406.3
Code No:
406.3
June 12, 2013
REVIEWED: 2006-07, 2009-10
With the platform director's approval, the following procedure will be used when
hiring temporary employees for the Mississippi Bend Area Education Agency.
1. The platform director will seek the approval of the chief administrator for a
temporary position.
2. With the approval of the chief administrator, the Strategic Management and
Evaluation Office will provide the needed support either through
a. Use of existing staff
b. Hiring additional staff
c. Contracting with outside agencies
3. Board of Director’s approval is required.
Section:
STAFF PERSONNEL
Policy Title:
SHARED-TIME STAFF
References:
Code:
406.4
REVISED: June 9, 2010; ; June 12, 2013
REVIEWED: 2006-07, 2009-10
Mississippi Bend Area Education Agency (Agency) recognizes that changing
family structure and responsibilities require increased flexibility in job assignment.
The Agency supports shared-time positions when there is an advantage to the
employees and no significant disadvantage to the Agency.
Regulation Title:
Shared-Time Staff
References:
Board Policy 406.4
Code No:
406.4
REVIEWED: 2006-07
The following regulations govern shared-time positions:
 Only two employees may share one full-time position. Each employee will
work half time.
 Shared-time positions apply to all Agency jobs.
 Shared-time positions shall continue until one member of the pair elects to
work full-time or leaves agency employment. If either member wishes to
work full-time, they may post for an open position.
 Fringe benefits will be prorated to each pair of shared-employees.
 Shared-time employees will be laid off by seniority.
Section:
STAFF PERSONNEL
Code:
Policy Title:
CLASSIFIED PERSONNEL: DEFINITION
407.1
References:
REVISED: October 9, 1985; October 14, 1992; June 10, 1998; May 12, 2004;
June 20, 2007; June 9, 2010; June 12, 2013
REVIEWED: 2006-07, 2009-10
Mississippi Bend Area Education Agency classified employees are those who are
in positions not required to have licenses from the State of Iowa.
Section:
STAFF PERSONNEL
Policy Title:
References:
Iowa Code Section 232.69
Code:
410.1
REVIEWED: 2006-07
It will be the policy of the Mississippi Bend Area Education Agency (Agency) to
comply with Iowa Code Section 232.69 dealing with the mandatory duty to report
suspected child abuse, as well as Iowa Code Section 280.17 dealing with the investigation
of allegations of physical or sexual abuse by Agency employees. The chief administrator
is directed to develop procedures to ensure compliance with the identified code sections.
Regulation Title:
References:
Mandatory Reporter - Child Abuse
Reporting Procedures
Code No:
410.1A
Board Policy 410.1
June 12, 2013
REVIEWED: 2006-07
comply with Iowa Code dealing with Mandatory Reporter duties to report suspected child
abuse.
INTRODUCTION
Most Agency employees are Mandatory Reporters under Iowa law. Mandatory
Reporters are legally obligated to report incidents of “child abuse” inflicted by “a person
responsible for the care of the child.” Mandatory Reporters are also required to report a
reasonable belief that a child under the age of 12 has been sexually abused by anyone.
The abuser need not be “a person responsible for the care of the child.” Reports must be
made directly to the Department of Human Services.
Iowa law also requires the Agency adopt uniform procedures for investigating
allegations of abuse of students by local education agency (LEA) and area education
agency (AEA) employees. Such employees are not “persons responsible for the care of
the child” under Iowa law; thus, not subject to investigation by the Department of Human
Services (with the exception noted above of sexual abuse of a child under the age of 12).
Such employees are, however, subject to criminal, civil, and other administrative actions,
including loss of license and/or termination.
This policy addresses mandatory child abuse reporting. Policy 410.1 B addresses
investigations of alleged abuse of students by LEA or Agency employees.
Page 2
MANDATORY CHILD ABUSE REPORTING PROCEDURES
Definition of Terms
Iowa law requires Mandatory Reporters to report suspected child abuse, to the
Department of Human Services within 24 hours.
“Mandatory Reporters” include any of the following persons who, in the scope of
their professional practice or in their employment responsibilities, examine, attend,
counsel, or treat children:
 Social workers, certified psychologists, counselors, or mental health
professionals; and
 AEA employees who hold a certification, license, or letter of professional
recognition from the State f Iowa, which includes but is not limited to licensed
employees, certified Para-educators, and holders of a coaching authorization.
“Child Abuse” is defined by Iowa law as involving:

Physical Abuse – Any non-accidental physical injury, or injury which is at
variance with the history given of it, suffered by a child as the result of the
acts or omissions of a person responsible for the care of the child (The
Department of Human Services uses a definition of “injury” the requires
evidence of the injury still exist 24 hours after the abuse occurs);

Mental injury – Any mental injury to a child’s intellectual or psychological
capacity as evidenced by an observable and substantial impairment in the
child’s ability to function within the child’s normal range or performance and
behavior as the result of the acts or omissions of a person responsible for the
care of the child, if the impairment is diagnosed and confirmed by a licensed
physician or qualified mental health professional;

Sexual abuse – The commission of a sexual offense with or to a child;

Child prostitution – The acts or omissions of a person responsible for the care
of a child that allow, permit, or encourage the child to engage in prostitution;

Presence of illegal drugs in the child’s body as a direct and foreseeable
consequence of the acts or omissions of the person responsible for the care of
the child;

Denial of critical care – The failure on the part of a person responsible for the
care of a child to provide for the adequate food, shelter, clothing, medical or
mental health treatment, supervision, or other care necessary for the child’s
Page 3
health and welfare when financially able to do so or when offered financial or
other reasonable means to do so;

Manufacturing or possession of a dangerous substance – The person
responsible for the care of a child has, in the presence of the child,
manufactured a dangerous substance;

Bestiality in the presence of a child;

Knowingly allowing a person custody or control of, or unsupervised access to
a child, after knowing the person is required to register or is on the sex
offender registry for child endangerment; or

The person responsible for the care of the child has knowingly allowed the
child access to obscene material or has knowingly disseminated or exhibited
such material to the child.
"A person responsible for the care of the child" means:

A parent, guardian or foster parent;

A relative or any other person with whom the child resides and who assumes
care or supervision of the child, without reference to the length of time or
continuity of such residence;

an employee or Agent of any public or private facility providing care for a
child including an institution, hospital, health care facility, group home,
mental health center, residential treatment center, shelter care facility,
detention center or child care facility; or

Any person providing care for a child, but with whom the child does not
reside, without reference to the duration of the care (such as a babysitter).
Reporting
Contact with Department of Human Services
Mandatory Reporters who have a reasonable belief a child has suffered abuse by a
person responsible for the care of that child must make an oral and written report to the
Department of Human Services. In addition, any Mandatory Reporter who has a
Page 4
reasonable belief that a child under the age of 12 has been sexually abused by anyone,
shall contact the Department of Human Services and report his or her suspicion. The oral
report must be made within 24 hours of observing evidence of suspected abuse. The
report can be made by telephone or in person.
A written report will be made available to the Department of Human Resources
within 48 hours of the oral report. Report forms are available in the Strategic
Management and Evaluation office.
The Mandatory Reporter will cooperate fully with the Department of Human
Services in its investigation. The Agency recognizes it has no obligation to contact the
parent(s) or guardian(s) of a child suspected to have been abused.
The failure on the part of an employee who is a mandatory reporter to make a
report as required by law may subject the employee to disciplinary sanctions up to and
including discharge.
Contact with AEA and LEA
In addition, the Mandatory Reporter should inform his or her immediate AEA
supervisor and the involved student’s building principal that a report will be made. A
confidentiality provision attaches at the time an oral report is made; thus, any
conversation with the supervisor and building principal must occur prior to the oral
reporting. The Mandatory Reporter will maintain a copy of the written report in his or
her personal file for the sole purpose of documenting the fact the employee reported the
suspected abuse. Include in such report, appropriate notations as to who was contacted as
a result of the report (i.e. building principal and Agency supervisor). If the Mandatory
Reporter receives a written report from the Department of Human Services following the
investigation, such report will also be filed with the Mandatory Reporter’s copy of the
Page 5
suspected abuse report or destroyed. Employees should take precautions to keep these
documents confidential.
The Mandatory Reporter shall maintain the confidentiality of the report at all
stages following the oral report of suspected abuse.
No person shall dissuade or discourage a Mandatory Reporter from filing a report
of suspected abuse.
Training
Agency employees who are Mandatory Reporters will be given a 2 hour training
session within 6 months of initial employment and training every 5 years thereafter. This
policy will be disseminated to all new employees who are Mandatory Reporters within 1
month of initial employment.
Personal Liability
Mandatory Reporters who knowingly fail to report suspected child abuse can be
found guilty of a simple misdemeanor and/or civilly liable for the damages proximately
caused by the failure to report. Mandatory Reporters who knowingly fail to report
suspected child abuse may also be subject to Agency discipline, up to and including
termination.
Regulation Title:
Alleged Abuse of Student by LEA or Agency Employee
Code No: 410.1B
References:
Board Policy
REVISED: November 8, 1995; June 10, 1998; June 20, 2007; June 10,
2009;
June 12, 2013
REVIEWED: 2006-07
investigate allegations involving LEA or Agency employees.
INVESTIGATION OF ALLEGATIONS OF ABUSE OF STUDENT
COMMITTED BY AGENCY EMPLOYEE
An Agency employee who suspects, observes, or is aware an Agency
employee or employee of an LEA has physically or sexually abused a student or any
child receiving Agency services (hereinafter referred to as "student") is required to
report such abuse pursuant to this Policy. The Agency will promptly investigate
such allegations involving Agency employees, maintaining confidentiality to the
extent possible. Agency employees are required to assist in the investigation when
requested, and to maintain the confidentiality of the reporting and investigatory
process.
This Policy is intended to comply with Iowa Administrative Code 281,
Chapter 102 or any subsequent revisions to such law. In the event this policy
conflicts with the law, the Agency will follow the applicable law in conducting
its investigation.
Definition of Terms
"Employee" – includes all persons employed by the Agency who serve students in a
school or Agency setting or in an Agency related context. It covers volunteers who act
on behalf of the Agency at the direction of the Board or authorities in charge.
Page 2
"Physical Abuse" – non-accidental physical injury to a student as a result of the
actions of an LEA or Agency employee. Injury occurs when evidence of it is still
apparent 24 hours after the incident.
The following do not constitute physical abuse, and no employee is prohibited from:
Using reasonable and necessary force not designed or intended to cause pain:
 To quell a disturbance or prevent an act that threatens physical harm to any
person.
 To obtain possession of a weapon or other dangerous object within a student's
control.
 For the purposes of self–defense or defense of others.
 For the protection of property.
 To remove a disruptive student from class, or any area of Agency premises or
from Agency–sponsored activities off Agency premises.
 To prevent a student from the self–infliction of harm.
 To protect the safety of others.
Using incidental, minor, or reasonable physical contact to maintain order and control.
"Sexual Abuse" – the commission of a sexual offense with or to a child. The term
also encompasses acts of the employee that encourage the student to engage in
prostitution as well as inappropriate, intentional sexual behavior, or sexual harassment by
the employee toward a student.
Jurisdiction
This policy applies to acts that occur on school or Agency grounds, on school or
Agency time, on a school or Agency-sponsored activity, or in school or Agency-related
context.
Page 3
Reporting Abuse – LEA Employee
An Agency employee who suspects, observes, or is aware of an incident of
suspected child abuse by an employee of the LEA will follow the LEA complaint
procedures. The Agency employee will notify the immediate Agency supervisor of the
complaint, keeping the name of the LEA employee confidential, unless such disclosure is
required for the safety of students.
Reporting Abuse – Agency Employee
Designated Investigators
On an annual basis, the Board of Directors will appoint two Agency
administrative employees to perform as Level-One Investigators. The names or positions
and telephone numbers of the Level One Investigators will be published in the Agency's
Employee Handbook, a local newspaper, and posted outside the Strategic Management
and Evaluation office.
Filing a Complaint
An Agency employee who suspects, observes, is aware of, or has any knowledge
whatsoever of an incident of suspected abuse of a student by an Agency employee will
file a complaint with the Agency's Level-One Investigator. The complaint form, Report
of Injury or Abuse of a Student, is available in the Strategic Management and Evaluation
Office.
The employee will complete the form as soon as possible after he or she suspects,
observes, is aware of, or has any knowledge of an incident of suspected child abuse. Any
Agency employee receiving a complaint of alleged abuse of a student by an Agency
Page 4
employee will immediately give the complaint to a Level-One Investigator and will not reveal
the existence or content of the complaint to any other person.
A party may ask a Level One Investigator for assistance in completing the
complaint form. If the complaint is not signed or witnessed, the investigator may still
investigate but there is no duty to report the findings and conclusions of the investigation
to the complainant. If a complaint is incomplete or a complaint is not filed, the Agency
may still investigate the allegation.
Immediate Action – Administrative Leave
Upon receiving a complaint and prior to determining if the complaint will be
investigated, if the investigator believes, based solely on the allegation(s) in the
complaint, the student will be placed in imminent danger if continued contact is permitted
between the Agency employee and the student, the Agency may:
 Temporarily remove the student from contact with the Agency employee;
 Temporarily remove the Agency employee from service, or
 Institute other appropriate action to keep the student safe.
Once the investigator determines a complaint will be investigated, if not done so
already, the Board will place the employee subject to the investigation on administrative
leave.
Investigation
Access to Educational Records and/or Student
An investigator will have access to educational records of the allegedly abused
student, and access to the student for purposes of interviewing and investigating the
Page 5
allegation. The investigator will also be provided access to all necessary students and
employees.
LEVEL-ONE INVESTIGATION
Distribution of the Investigation Report
The investigator will provide a copy of the Investigation Report to the person
filing, to the student's parent/guardian if different from the person filing, and to the
supervisor of the employee named in the complaint.
Deferral to Level-Two Investigator or Law Enforcement
If the alleged abuse was committed by an Agency employee in a higher
supervisory position than the two designated Level-One Investigators, the Investigation
Report will be forwarded to a non-employee, Level-Two Investigator, contracted with by
the Board, and the Level-One Investigator will document in writing the action taken.
If the investigator believes the magnitude of the allegations in the complaint
suggests immediate and professional investigation is necessary, the investigator may
temporarily defer the Level–One Investigation and contact appropriate law enforcement
officials, the student's parent/guardian, and the person filing the complaint, documenting
in writing the action taken.
Interview of Employee Named in the Complaint
If the investigation is not deferred, the employee named in the complaint will
receive a copy of the complaint at the time the employee is initially interviewed by any
investigator, unless this conflicts with the terms of a contractual agreement between the
employer and employee, at which time, the terms of the contract will control.
Page 6
The investigator will not interview the employee named in a complaint of sexual
abuse until after a determination that jurisdiction exists, the allegedly abused student has
been interviewed, and a determination is made that the investigation will not be deferred
(see above).
Investigation of Allegation of Physical Abuse
Iowa law provides guidance and time frames for the investigation of an allegation
of physical abuse. The investigator will comply with such law and seek assistance from
legal counsel when necessary. To the maximum extent possible, the investigator will
preserve the privacy interests of those involved and maintain the confidentiality of the
complaint.
The investigator will determine, by a preponderance of the evidence, whether the
complaint is founded (likely the incident took place) or groundless (no evidence or lack
of a preponderance of the evidence to support a conclusion the incident took place). The
Level-One Investigator may notify law enforcement or the county attorney (if the
incident of physical abused occurred and the resulting injury was serious); the Level-Two
Investigator (if additional investigation is necessary); or conclude the investigation at the
Level-One stage. The Level-One Investigator may also conclude the investigation if the
complaint form has been withdrawn, the allegation recanted, or the employee has
resigned, admitted the violation, or agreed to relinquish the employee’s certificate or
license.
Investigation of Allegation of Sexual Abuse
Iowa law provides guidance and time frames for the investigation of an allegation
of sexual abuse. The investigator will comply with such law and seek
Page 7
assistance from legal counsel when necessary. To the maximum extent
possible, the investigator will preserve the privacy interests of those involved
and maintain the confidentiality of the complaint.
The investigator will determine, by a preponderance of the evidence and based on
training, experience, and the credibility of the student:
 It is likely an incident of sexual abuse took place between the student and the
employee.
o The investigator will immediately contact appropriate law enforcement
officials, notifying the student's parent/guardian, and the person filing the
complaint of the action taken.
 An incident occurred that does not constitute sexual abuse but was
inappropriate.
o The investigator will arrange for a Level–Two Investigation or
o Determine final disposition of the investigation.
 The allegation is unfounded. The investigator will notify the student's
parent/guardian, the person filing the complaint, and the employee named of
this conclusion
Retention of Records
The Agency will maintain any record created by an investigation for a minimum
of 2 years. Unfounded complaints will not be placed in an employee's personnel file.
Training
Within 6 months of appointing a First Level Investigator, the Agency will arrange
for in-service training for the investigator, with follow-up training at least once every 5
years.
Page 8
Chief Administrator
Upon receipt of an Investigation Report noting the allegation is unfounded, the Chief
Administrator will return the employee to work or discipline the employee according to Board
Policy if it is determined the employee has violated Board Policy, work rules, or engaged in
other inappropriate behavior.
Upon receipt of an Investigation Report noting the allegation is founded, the Chief
Administrator will determine discipline of the employee, up to and including termination; file
a complaint with the State Board of Educational Examiners; and report the matter to the
appropriate law enforcement agency. The Agency may also arrange for counseling services
for the student if the student or parent/guardian requests counseling.
A copy of the complaint form, the Level-One Investigation Report, and any Level- Two
Investigation Report will be provided to the employee accused of abuse and to the supervisor
of the employee named. A letter outlining the results of the investigation will be given to the
student's parent or guardian. A copy of the final report by the Chief Administrator will be
placed in the employee's personnel file.
Section:
STAFF PERSONNEL
Code:
410.2
Policy Title:
ANTI-BULLYING/HARASSMENT POLICY (Students)
References:
Iowa Code 280.12, 280.28, 216.9, 280.3; 281 I.A.C. 12.3(6)
REVIEWED: 2009-10
Harassment and bullying of students is against federal, state and local law, and
prohibited by the Mississippi Bend Area Education Agency (Agency). The Agency is
committed to treating all students with dignity and respect. Bullying or harassment of
students by students, Agency employees or volunteers who have direct contact with
students will not be tolerated by the Agency.
The Agency prohibits harassment, bullying, hazing, or any other victimization, of
students, based on any of the following actual or perceived traits or characteristics: age,
color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender
identity, physical attributes, physical or mental ability or disability, ancestry, political
party preference, political belief, socioeconomic status, familial status, or any other trait
or characteristic protected by law.
This policy is in effect while students are on property within the jurisdiction of the
Agency; while in Agency-owned or Agency-operated vehicles; or while attending or
engaged in Agency-sponsored activities.
If a student is believed to be in violation of this policy, the Agency will report the
alleged violation to the student’s school and the school will be allowed to act on the
violation as it sees fit pursuant to the school’s policy. This includes imposing appropriate
disciplinary measures as determined by the school. In addition, the Agency may
determine to impose restraints regarding that student’s use of Agency facilities.
Board Policy 410.2
Page 2
If, after an investigation, an Agency employee is found to be in violation of this
policy, the employee will be disciplined by appropriate measures up to, and including,
termination. If after an investigation an Agency volunteer is found to be in violation of
this policy, the volunteer will be subject to appropriate measures up to, and including,
exclusion from Agency grounds. Volunteer” means an individual who has regular,
significant contact with students.
When looking at the totality of the circumstances, harassment and bullying mean
any electronic, written, verbal, or physical act or conduct toward a student that is based
on any actual or perceived trait or characteristic of the student as noted above and that
creates an objectively hostile school environment that meets one or more of the following
conditions:
 Places the student in reasonable fear of harm to the student’s person or
property;
 Has a substantially detrimental effect on the student’s physical or mental
health;
 Has the effect of substantially interfering with the student’s academic
performance; or
 Has the effect of substantially interfering with the student’s ability to
participate in or benefit from the services, activities, or privileges provided
by the Agency.
“Electronic” means any communication involving the transmission of information by
wire, radio, optical cable, electromagnetic, or other similar means. “Electronic” includes
but is not limited to communication via electronic mail, internet-based communications,
pager service, cell phones, electronic text messaging, or similar technologies.
Harassment or bullying may include, but is not limited to, the following behaviors
and circumstances:
 Repeated remarks of a demeaning nature;
Board Policy 410.2
Page 3
 Implied or explicit threats concerning one’s grades, achievements,
property, etc.;
 Demeaning jokes, stories, or activities directed at the student; and/or
 Unreasonable interference with a student’s performance.
In situations between students and Agency officials, faculty, staff, or volunteers who
have direct contact with students, bullying and harassment may also include the
following behaviors:
 Requiring a student submit to bullying or harassment by another student,
either explicitly or implicitly, as a term or condition of the targeted
student’s participation in Agency programs or activities and/or
 Requiring submission to or rejection of such conduct as a basis for
decisions affecting the student
Sexual harassment of a student by an Agency employee or volunteer means
unwelcome sexual advances, requests for sexual favors, or other verbal or physical
conduct of a sexual nature when:
 Submission to the conduct is made either implicitly or explicitly a term or
condition of the student’s education or benefits or of a student’s
participation in Agency programs or activities
 Submission to or rejection of the conduct is used as the basis for academic
decisions affecting that student or
 The conduct has the purpose or effect of substantially interfering with the
student’s academic performance by creating an intimidating, hostile, or
offensive education environment
Sexual harassment may include, but is not limited to the following:
 Verbal or written harassment or abuse
 Pressure for sexual activity
 Repeated remarks to a person with sexual or demeaning implications;
 Unwelcome touching or
Board Policy 410.2
Page 4
 Suggesting or demanding sexual involvement, accompanied by implied or
explicit threats concerning one’s grades, achievements, etc.
Students who believe they are being bullied or harassed by other students,
employees, or volunteers will report their concerns to any Agency employee. Any
employee who observes bullying or harassing behavior will report the incident to his or
her supervisor. When a student or employee shares a complaint, the incident will be
reported to the Director of Strategic Management and Evaluation or his or her designee.
The Director of Strategic Management and Evaluation or his or her designee will
promptly and reasonably investigate allegations of bullying or harassment, and in
conducting such investigation, will consider the totality of circumstances presented in
determining whether conduct objectively constitutes harassment or bullying.
An allegation of bullying or harassment perpetrated by a student will be reported
to the perpetrating student’s school building’s investigator as named in the school’s
harassment policy. The student’s school will handle the complaint pursuant to its policies
and administer any measures it deems appropriate.
The Agency’s Director of Strategic Management and Evaluation or his or her
designee is responsible for ensuring this policy is implemented and for handling all
complaints alleging bullying or harassment by Agency employees or volunteers.
Any person who promptly, reasonably, and in good faith reports an incident of
bullying or harassment under this policy to an Agency school official, will be immune
from civil or criminal liability relating to such report and to the person’s participation in
any administrative, judicial, or other proceeding relating to the report. Individuals who
knowingly file a false complaint may be subject to appropriate disciplinary action.
Retaliation against a person because the person has filed a bullying or harassment
complaint or assisted or participated in a harassment investigation or proceeding is
Board Policy 410.2
Page 5
prohibited. An individual who knowingly files a false harassment or bullying complaint
and a person who gives false statements in an investigation will be subject to discipline
by appropriate measures, as will a person who is found to have retaliated against another
in violation of this policy. An Agency employee found to have retaliated in violation of
this policy or who knowingly files a false harassment or bullying complaint or knowingly
gives false statements in an investigation will be subject to measures up to, and including,
termination of employment. An Agency volunteer found to have retaliated in violation of
this policy or who knowingly files a false harassment or bullying complaint or knowingly
gives false statements in an investigation will be subject to measures up to, and including,
exclusion from Agency grounds.
Agency employees, volunteers and students are charged with promoting
prevention measures, reporting, and aiding in the investigation of harassment or bullying.
The Agency will annually publish this policy by inclusion in the Agency’s
handbook or on the Agency’s web site and a copy will be made available to any person at
the Agency’s central office at 729 21st Street, Bettendorf, IA.
BOARD POLICIES
Programs and Services, Series 600
600
600.1
600.2
600.3
600.4
600.5
600.6
600.7
600.8
Scope and Principles Regarding Media Services
600.1
Overdue Materials
Media Advisory Council
Media Selection
600.3A Media Selection Procedures
600.3B Weeding of Collections
600.3C Local School District Discretionary Use of
Media Materials
Services to Customers
600.4A Availability of Media Services
600.4B Staff Development Courses
Selection of Instructional Materials for the Media Services
Department
Internet - Appropriate Use
600.7
Internet – Appropriate Use
Copyright Restrictions
600.8
601
601.1
Purpose of General Education Division
602.1
602.2
602.3
602.4
602.5
602.6
602.7
602.8
Provision of Special Education
Powers and Duties of the Director of Special Education
State Plan
Parent/Student Rights and Procedural Safeguards
Early Identification of Special Education Children
602
602.9
602.10
602.11
602.12
602.13
602.14
Student Records
Personnel Development
602.8
Evaluation of Program and Service Effectiveness
Contracted Services
Student Medication Administration
602.13 Student Medication Administration
Student Behavior and Discipline
Series 600
Page 2
602.15
602.16
602.17
602.18
Emergency and Disaster Procedures
Payment for Independent Evaluations
602.16 Request for Second Opinions, Outside
Evaluations and Independent Educational
Evaluations
Special Health Services
Surrogate Parent
603
603.1
603.2
603.3
603.4
603.5
603.6
603.7
603.8
603.9
603.10
603.11
603.12
603.13
603.14
603.15
603.16
603.17
Regional Early ACCESS System Requirements
Early ACCESS – Early Intervention Services
Early ACCESS – Eligibility Criteria and Procedures
Early ACCESS – Comprehensive Child Find System,
Including Central Directory and Public Awareness
Early ACCESS – Evaluation Procedures
Early ACCESS – Individualized Family Service Plans (IFSPs)
Early ACCESS – Personnel Standards
Early ACCESS – Comprehensive System of Personnel
Development (CSPD)
Early ACCESS – Contracting or Otherwise Arranging for
Services
Early ACCESS – Transition from Part C
Early ACCESS – Equitable Distribution of Resources
Early ACCESS – Procedural Safeguards
Early ACCESS – Directory Information Designation
Early ACCESS – Timely Resolution of Disputes
Early ACCESS – Financial Matters
Early ACCESS – Interagency Agreements
Early ACCESS – Natural Environments
Section:
PROGRAMS AND SERVICES
Code:
Policy Title:
Scope and Principles Regarding Media Services
References:
Rules of Area Education Agency Media Centers (DE)
600.1
Date of Adoption: February 11, 1981
REVISED: August 7, 1985; June 12, 1996; June 9, 1999; May 11, 2005; June 8, 2011
REVIEWED: 2004-05; 2007-08, 2010-11
Mississippi Bend Area Education Agency (Agency) media services are to be
made available to teachers and to students from pre-kindergarten through grade 12 in
public schools and accredited nonpublic schools within the geographic boundaries of the
Agency, to special education students and teachers in programs related to such schools,
and to students and teachers in educational programs provided in state and residential
facilities.
Coordination, shared programming, and other joint ventures with other units of
the Agency, with area schools, and with other library and information agencies shall be
pursued to enhance service to the primary clientele.
It is the responsibility of the school districts and accredited nonpublic schools to
provide library media centers and adequate professional and support staff in each
attendance center to support the center’s curriculum program. To the extent practicable,
all services will be provided at the attendance center level. The Agency will supplement,
support, and encourage the development of, but not supplant, these local centers and
services.
Regulation Title:
Overdue Materials
References:
Board Policy 600.1
Code No:
600.1
REVISED: May 11, 2005, June 8, 2011
REVIEWED: 2004-05; 2007-08, 2010-11
When materials are overdue, the Mississippi Bend Area Education Agency (Agency) will follow
these procedures:
A. A notice will be sent to the person who checked out the materials indicating that the
materials are overdue and to return the materials as soon as possible.
B. If the materials are not returned within one week of the notice, a telephone follow-up
or email will be made requesting the return of the overdue materials.
C. If the materials are not returned within one week after telephone follow-up, a Denied
Use Notice will be sent to the person with overdue materials with a copy sent to the
building principal/district superintendent or supervisor.
D. In addition, a Request to Continue Check-out Privileges form will be sent to the
person with overdue materials requiring the signature of the building
principal/district superintendent or supervisor to continue such services through the
remainder of the school year.
E. Request to Continue Check-out Privileges for the remainder of the school year is
contingent upon approval or disapproval by the Executive Director of Integrated
Services and the notification of the building principal/district superintendent or
supervisor of such action.
F.
Reinstatement of regular check-out privileges will resume at the beginning of the
next school year.
Section:
Code:
600.2
Policy Title:
Media Advisory Council
References:
Rule 1.5(10) Rules of Area Education Agency Media Centers (DE)
REVISED: August 7, 1985; June 12, 1996; June 9, 1999; May 11, 2005;
May 14, 2008;
REVIEWED: 2004-05; 2007-08, 2010-11
The Mississippi Bend Area Education Agency (Agency) Media Advisory Council
will meet at least four times a year and will include but will not be limited to local school
district administrators, classroom teachers, curriculum specialists, media specialists,
Regional Library Director and/or parents. The council:
 Reviews the media program
 Recommends policies and procedures
 Reviews evaluation and needs assessment plans related to media funding
 Suggests media services to the division
Section:
Code:
Policy Title:
Media Selection Policy
References:
Administrative Regulations 600.3A, 6500.3B, 600.3C
600.3
REVISED: August 7, 1985; June 12, 1996; May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08, 2010-11
It is the policy of the Mississippi Bend Area Education Agency to establish
procedures for Media Selection.
The Chief Administrator or designee will develop and implement the regulations
necessary to carry out the policy.
Regulation Title:
Media Selection Procedures
References:
Board Policy 600.3
Code No:
600.3A
REVISED: May 11, 2005; May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency’s (Agency) media selection shall
be aided by reputable, unbiased selection tools, as well as by favorable recommendation
based on review and evaluation. Such tools include professional selection aids, basic
general lists, current lists, special bibliographies, and current reviewing media.
Materials may be selected by the media licensed staff when any of the following
conditions exist:

Supports district standards and benchmarks served by the Agency

Fulfills a subject, theme, curriculum or level related request from local educator(s)

Supports a trend in curriculum or instruction for state and/or national level

Return or exchange rights are provided
Regulation Title:
Weeding of Collections
References:
Board Policy 600.3
Code No:
600.3B
REVISED: June 12, 1996; May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
Weeding of Mississippi Bend Area Education Agency (Agency) is a planned part
of collection development undertaken to keep materials current and useful. Dated
materials can provide misinformation and may need to be removed from the collection.
Criteria in the weeding process include copyright data, content, physical condition,
number of circulations, and last circulation date, if available.
Items weeded from the collection may be replaced by current or new editions or
items may be replaced by materials addressing current collection need and focus.
Regulation Title:
References:
Local School District Discretionary
Use of Media Materials
Board Policy 600.6
Code No:
600.3C
REVISED: June 12, 1996; June 12, 2002; May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) requests for removal or
restriction of media materials distributed by the Media Services Department shall be
referred to the superintendent of the local public school district or the administrator of the
nonpublic school in which the request originated. When a local public school district or a
nonpublic school determines that material(s) circulating from the Agency media libraries
are to be restricted from open use in the local public school district or nonpublic school, it
shall be the responsibility of the local public school district or nonpublic school to
administer such restriction.
Based on a written request from the district administrator, the Agency Media
Center will flag materials which the district considered inappropriate for their
instructional program.
Individuals requesting access to materials for the purpose of scrutinizing their
suitability for use in their local public school district or nonpublic school shall be
requested to make arrangements for examining the material through the local public
school district's superintendent or nonpublic school administrator.
Section:
Policy Title:
Services to Customers
References:
Code:
600.4
REVISED: August 7, 1985; December 13, 1995; June 12, 1996; June 8, 2011
REVIEWED: 2004-05; 2010-11
desires to assist its customers by providing access to appropriate goods and services as
effectively and efficiently as possible. Therefore, the policy of the Agency is to provide
these goods and services to other area education agencies, public and nonpublic approved
schools, and non-profit and tax supported organizations that serve the staff and students
located within the boundaries of the Agency. The Administrator or his/her designee will
develop and implement the regulations necessary to carry out this policy.
Regulation Title:
Availability of Media Services
Code No:
600.4A
References:
Chapter 273.1 and Chapter 21, Code of Iowa; Board Policy 600.4
REVISED: August 7, 1985; May 13, 1992; June 12, 1996; June 9, 1999; June 12, 2002;
June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) will provide media
materials and services to other tax-supported institutions/organizations including
education departments of universities or colleges, and other preK-12 schools residing in
the Agency boundaries.
The following guidelines will be in effect:
 The organization or institution will be responsible for any materials while they
remain under their control or in their buildings.
 Delivery and return of the materials will be the responsibility of the
borrower.
 The borrower is responsible for the repair or replacement cost of any damaged
material.
Regulation Title:
Staff Development Courses
References:
Board Policy 600.4
Code No:
600.4B
REVISED: June 12, 2002; May 11, 2005; June 8, 2011; June 10, 2015, June 8,
2016
REVIEWED: 2004-05; 2007-08; 2010-11
PURPOSE STATEMENT
The purpose of personal development and organizational development offerings
by the Mississippi Bend Area Education Agency (Agency) is to provide:

an opportunity for school improvement efforts to be successful in
districts/buildings through quality training

opportunities for educators, including paraeducators, teachers, administrators, and
those with substitute authorization licenses to meet licensure renewal requirements
as in accordance with Iowa Code 282-20.13(272) Licensure Renewal Programs

training as mandated by the Department of Education
Instructor Payment

Instructors may include:
o AEA staff as part of Agency employment duties
o LEA district staff as part of their employment duties as defined by the LEA
o Instructors paid by a supplemental contract on a per credit/per student rate or in
partnership with an outside entity

Rate of Pay:
o $750 per Graduate/Relicensure hour and each Graduate/Relicensure hour
requires 15 clock hours of instruction. $25 increase or decrease per student for
class size greater or fewer than 12.

Instructors paid by supplemental contracts will be approved by the Agency Board
of Directors prior to payment.
Content/Instruction
Course content is guided by a syllabus that has been approved by the Certifying
Official and by any college partners if offered for graduate credit. Grades are issued based
Administrative Regulation 600.4 B
Page 2
on the rubric for the course.

Instructors shall meet minimum licensure, experience, or educational requirements
as set by the Certifying Official, the college partner, and/or by district personnel
for district-sponsored courses.

Instructors will be responsible for following the approved syllabus and awarding
grades for the course or workshop.

Instruction will be either face-to-face, online, or through a combination of face-toface and online sessions as indicated on the course syllabus.
Evaluation
Courses/workshops and instructors will be evaluated by the participants at the
conclusion of a course/workshop. This data is shared with instructors, the staff
development department, and college partner(s) as necessary.
A Licensure renewal advisory committee comprised of classroom teachers,
administrators, higher education representatives, and other members as deemed necessary,
such as paraeducators, AEA staff, instructors, will assist in reviewing evaluation of the
course offerings and policies.
Documentation
Appropriate documentation for all coursework will be maintained by the Agency
staff development department when registration is completed by the participant on the
Agency registration system. Documentation will include course/workshop name, number
of session hours, start/end date of course/workshop, and any grades and credit awarded.
Documentation will meet the requirements for license renewal with the Iowa Board of
Educational Examiners in the form of an Official Transcript.
Course Fees
Fees for course can include:

Credit fees
Page 3

Materials and/or supplies not paid for with Agency funding
The fees for workshops and courses include:

Relicensure credit: $100/credit for standard courses; $40/credit for in-district
courses; $50 for paraeducator relicensure credit

Drake University graduate credit: $170/credit for standard courses; $120 for indistrict courses

Audit/no credit: no cost for courses taught by AEA staff during contracted work
time; $50/credit for courses taught by instructors paid with supplemental contracts

Fees to cover materials/supplies not paid for with Agency funding
Refunds
Requests to cancel a course registration and receive a refund must be received two
weeks prior to the start date of a course to receive a full refund. Cancellations received up
until the first day of class will receive a refund minus a $25 cancellation fee. Cancellations
received after the start of a course will not receive a refund.
Courses offered through College Partners
Agency courses can be offered for graduate credit through an agreement with an
accredited university or college. As of July, 2015, the Agency partners with Drake
University. Courses are offered as EMDA courses:

EDMA: (Educational Masters) may be transferred into one or more Drake
University School of Education graduate programs with advisor approval. These
courses will have the expectation of a minimum of 15 hours class time per credit
AND 30 hours of outside class time work for a total of 45 hours of coursework;
this may be research, reading, implementation of material in your classroom, etc.
The EDMA designation will be listed on the Agency website.
Dispute Policy
If a course participant would like to dispute a final grade, the first course of action
is to discuss the issue with the instructor, following the grading rubric in the course
syllabus. Disputes can also be directed to the Certifying Official. If the course was taken
for college credit, the college partner’s grade dispute policy will be followed.
Page 4
Drake University Grievance Procedure:
Purpose:
The purpose of the Grievance Committee is to resolve academic problems
and issues related to academic misconduct such as dishonesty, cheating,
plagiarism, academic evaluation, advising and research or allegations of
discrimination on the part of faculty toward individual students on the basis of
gender, ethnicity, sexual orientation, age, or disability that results in differential
treatment brought by students enrolled at the time of the event giving rise to the
grievance. Issues related to admission, or nonacademic conduct covered by the
Code of Student Conduct are not within the scope of this committee. The
committee accepts complaints regarding final grades assigned to individual
students if there is evidence of unfair differential treatment. The committee
forwards a decision to the persons involved and to officers and authorities of the
School of Education who have the authority to address the problems and issues
that may have caused a grievance.
A grievance is a formal written complaint delivered to the chair of the
committee no later than the end of the semester following the semester in which
the event occurred.
The written complaint must state clearly and completely:

The nature and cause of the complaint

The person or persons against whom the complaint is made

The desired resolution sought

A description of failed efforts made to resolve the issue through
established procedures of the School and/or the University
Page 5
Membership and Term:
The committee shall normally consist of four members from the Faculty of
Instruction, two of whom must be tenured, and one or more alternates elected; and
one student. For a grievance involving an undergraduate student, the student
member will be the School of Education's Student Senator. For a grievance
involving a graduate student, the student member will be a graduate student
appointed by the dean. If there is a conflict of interest between any member of the
committee and any party to a grievance the dean may appoint a replacement. The
term of office for faculty members shall be two years and members shall not
normally be eligible to successive terms.
Procedures:
The committee shall elect a chair who must be tenured. The chair shall
receive grievances from students, coordinate the committee's work and report the
committee's decision to the persons involved and the Dean.
Before appealing to the Grievance Committee, the student should discuss
his/her concern with the individual faculty member. If the student is dissatisfied
with the response of the faculty member or feels unable to discuss the grievance
with the faculty member, he/she should contact the department chair and discuss
the nature of the grievance. If the student is dissatisfied with the responses of the
department chair, he/she may file a written grievance with the committee. Formal
grievance is not possible until the faculty member and/or chair of the department
has been consulted.
Drake University policy:
http://www.drake.edu/media/collegesschools/soe/docments/grievance_policy.pdf
Section:
Code:
600.5
Policy Title:
Selection of Instructional Materials for the Media Services Department
References:
REVISED: August 7, 1985; May 13, 1992; September 13, 1995; June 12, 1996;
June 9, 1999; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency’s (Agency) Media Services
Department will provide a wide range of materials on all levels of difficulty with
diversity of appeal and with presentation of different points of view.
Materials are to be selected that shall:

Enrich and support the local schools' curricula, taking into consideration the
varied interests, abilities, and maturity levels of the pupils served;

Stimulate growth in factual knowledge, literary appreciation, aesthetic
values, and ethical standards;

Provide a background of information which will enable pupils to make
intelligent judgments in their daily life;

Provide information on opposing sides of issues so that students may
develop, with guidance, critical thinking skills with which to analyze all
media;

Represent the many races, colors, creeds, genders, sexes, socioeconomic
statuses, marital statuses, sexual orientations, national origins, religious, age
groups, or disabilities, and their contributions to our American heritage; and

Place the principle of freedom to read above personal opinion and
reason above prejudice in the selection of materials of the highest
quality.
Selection will be aided by reputable, unbiased selection tools, as well as by favorable
recommendation based on review and evaluation. Such tools include professional
Board Policy 600.5
Selection of Instructional Materials
for the Media Services Department
Page 2
selection aids, basic general lists, current lists, special bibliographies, and current
reviewing of media.
Selection of materials shall involve many people: administrators, teachers,
parents, and teacher-librarians. The responsibility for coordinating the selection and
making recommendation for purchase of the materials will rest with the professional staff
of the Media Services Department.
In selecting materials, needs of the individual school systems based on knowledge
of the curriculum and of the existing collection are to be given highest consideration.
Materials for purchase will be considered on the basis of overall purpose, timeliness,
importance of the subject matter, quality of the writing/production, readability and
popular appeal, authoritativeness, reputation of the publisher/producer, reputation and
significance of the author/artist/composer, producer, construction, technical quality,
format, price, etc.
Donated materials shall be held to the same standards as purchased resources.
Items may be integrated into the collection, reassigned to an institution in need of such
items, or refused if found lacking according to the aforementioned standards.
Section:
Code:
600.7
Policy Title:
References:
Iowa Code § 279.8 (1995); Administrative Regulation 600.7
Date of Adoption:
July 10, 1996
REVISED:
June 9, 1999; June 12, 2002; June 8, 2011; March 11, 2015
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) will make Internet access
available to the Agency Board, Agency employees, LEA employees and LEA students for
the purpose of and to access educational resources. Students will be able to access the
Internet through their local district. The Agency will use filters as required by federal law
and to comply with the provisions of the Children’s Internet Protection Act.
Internet information appears, disappears, and changes constantly. It is not possible
to predict or control what may be accessed. The Agency does not purport to review the
accuracy of information and other materials available online or about those that utilize its
services. Those who use Internet services should take appropriate precautions to verify all
such information.
Regulation Title:
References:
Board Policy 600.7
Code No:
600.7
REVISED: June 9, 1999; August 16, 1999; June 14, 2000; June 12, 2002, May 14,
2008; May 13, 2009; June 8, 2011; March 11, 2015
REVIEWED: 2004-05, 2007-08, 2010-11
The Mississippi Bend Area Education Agency (Agency) provides internet and email
connections to the Agency Board and employees, students and Local Education Agency
(LEA) staff under the following guidelines:
Internet Access

Agency Board and staff, customers, local school district staff and students may use
the network and Internet for information and communication. All users are
responsible for using the computer and network resources in a professional, ethical
and lawful manner.

The Agency makes no guarantees as to the accuracy of information received on the
Internet.

The Agency will comply with the Children’s Internet Protection Act.

Personal use is permitted when such use does not interfere with the user’s work
performance and any other user’s work performance; does not have undue impact on
the operation of the computer or the network; and does not violate Agency policy,
U.S. or state laws.

As required by the Children’s Internet Protection Act, children will be educated about
appropriate online behavior including interaction with others on social networking
websites and chat rooms, cyberbullying awareness, and appropriate responses.
Restricted Use
Agency provided email and Internet connections are intended to be used for Agency
business and will comply with the Children’s Internet Protection Act. The following (not
intended to be all-inclusive) are examples of prohibited activities via email, internet of other
computer systems:
Page 2

Viewing, storing, downloading or forwarding pornographic images or other
perceived obscene, racist, abusive, slanderous, defamatory, vulgar, threatening or
harassing materials.

Communications that are obscene, abusive, slanderous, defamatory, racist, harassing,
violent, threatening or are otherwise offensive.

Hacking, including attempting to gain access to restricted resources and
unauthorized viewing or transferring of material that is confidential or proprietary to
the Agency.

Participating in non-work-related chat rooms, including the unauthorized posting of
any material to any site.

Solicitation or distribution of non-work-related information, such as requests for
signatures, non-school charitable contributions, support of political activities,
merchandise purchases, or donation requests.

Communication, dissemination, or printing of any copyrighted materials in violation
of copyright laws or that cause the Agency additional unnecessary expenses.

Downloading or forwarding chain letters or other mass mailings not specifically
Agency business.

Gambling or any other illegal activity.

Any other activity deemed by the Agency to be in conflict with the intent of this
policy.
Inappropriate Emails
Employees who receive inappropriate emails:

From other Agency employees, are expected to either tell the sender to stop sending
the inappropriate information and/or report the incident to their own supervisor.
Employees may also file a harassment complaint using Board Policy

From non-agency employees should delete the inappropriate message. Employees
may contact the nonemployee and/or their supervisor if they feel that is
necessary/appropriate.
Page 3
Site Blocking Procedures

Any employee may request in writing that a site be permanently unblocked or
blocked so that Agency employees may or may not access that site. Those requests
shall be made to the School Technology Services Committee chaired by the
Coordinator of Information Technology and Print Services. The approved requests
will comply with the Children’s Internet Protection Act.

The School Technology Services Committee will consider the request within 10
working days and send their recommendation, with minority report if filed, to the
Chief Administrator who will have 10 working days to make a final decision.

Internal and external customers who want to open a website temporarily shall make
the request to the Coordinator of Information Technology and Print Services. If
granted the site will be open for one day for the individual. Appeals of the decision
need to be made to the Chief Administrator.

Unauthorized Costs – If a user gains unauthorized access to any service via the
Internet which has a cost involved or incurs other types of costs, the user accessing
such a service will be responsible for those costs.
Liability and Privacy

The Agency has the right, but not the duty, to monitor any and all aspects of its
computer system, including, but not limited to, monitoring sites users visit on the
Internet, monitoring chat groups and newsgroups, reviewing material downloaded
or uploaded by users, monitoring unauthorized access and other unlawful
activities, monitoring unauthorized disclosure, use, and dissemination of personal
information regarding minors, and reviewing e-mail messages sent and received by
users. The Agency will monitor use by minors and others to ensure compliance
with the provisions of the Children’s Internet Protection Act. Users waive any right
to privacy in anything they create, store, send or receive on the computer or the
Internet.

Disclaimer of Liability – The Agency will not be responsible for any damages,
direct or indirect, arising out of the use of its Internet and e-mail resources.

Users can assume no expectation of privacy. No expectation of privacy can be
expected for all data created, received, or stored by users on Agency computers or
network servers. Passwords are provided to grant access to network resources
only. Users may not access, alter, or copy files belonging to another user.
Department folders are provided for sharing of departmental files. Employees
should never consider e-mail to be either private or secure.
Section:
Policy Title:
Code:
600.8
References:
Copyright Law 94-533, 10/19/76; U.S. Copyright Act of 1976, § 201 (b);
17 U.S.C. § 201 (b); Software Copyright Act 1980; Digital Millennium
Copyright Act of 1998
REVIEWED: 2004-05; 2007-08; 2010-11
hereby declares it a policy of the Agency to abide by copyright laws enacted by the
federal government.
Agency property will not be used in violation of the copyright law or in violation
of Agency procedures pertaining to the copyright law.
The Chief Administrator or designee will be responsible for administering this
policy and establishing administrative procedures for the implementation and compliance
with the copyright policy.
Regulation Title:
References:
Board Policy 600.8
Code No:
600.8
REVISED: May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) employees and
presenters will comply with the copyright law and with all Agency procedures as they
pertain to the copyright law.

Unlawful copies of copyrighted materials may not be produced on Agency-owned
equipment.

Unlawful copies of copyrighted materials may not be used with Agency-owned
equipment, within Agency-owned facilities, or at Agency-sponsored functions.

Presenters contracted by Mississippi Bend Area Education Agency will be
informed of our copyright policy as part of their contract for services.

The legal and/or insurance protection of the Agency will not be extended to
employees or presenters employed by the Agency who unlawfully copy and use
copyrighted materials.

Persons doing presentations for the Agency will be informed of our copyright
policy.
Copyrighted materials may be duplicated with the prior written permission of the
copyright holder, or where the duplication constitutes a "fair use" of the materials as that
term is defined by law and by the courts.
Employees who use copyrighted materials which do not fall within fair use or
public display guidelines must be able to substantiate that the materials meet one of the
following tests:
Page 2

The materials have been purchased from an authorized vendor by the individual
employee or the Agency and a record of the purchase exists.

The materials are copies covered by a licensing agreement between the copyright
owner and the Agency or the individual employee.

The materials are being reviewed or demonstrated by the user to reach a decision
about possible future purchase or licensing and a valid agreement exists which
allows for such use.
Unauthorized use of copyrighted material will result in employee discipline.
Non-employees who violate this policy will not be allowed to use Mississippi Bend Area
Education Agency facilities or equipment.
The Agency assumes no liability for infringement of copyright by individual
employees or presenters.
Section:
Policy Title:
References:
Code:
601.1
Purpose of the Integrated Services Platform – General Education
REVISED: June 12, 1996; June 9, 1999; June 12, 2002; May 11, 2005; June 8, 2011
REVIEWED: 2004-05, 2007-08; 2010-11
The purpose of the Mississippi Bend Area Education Agency’s (Agency)
Integrated Services Platform - General Education Division is to improve teaching and
learning by providing quality educational programs and services that not only meet the
current and emerging needs of our customers, but also make a measurable difference.
Programs and services include, but are not limited to the following:

Quality Learning

Media Materials Distribution

Student Programs
Developing and providing these programs and services shall be within the limits of
statutory guidelines and funds available and shall meet the educational needs and
priorities of the local school districts served.
Section:
Code:
602.1
Policy Title:
Provision of Integrated Services Platform - Special Education
References:
20 USC Chapter 33 (1992); 34 CFR Pt. 300 Subpart C (1991); §256.11(7);
273.1; 273.2; 273.5; 273.9(2); 273.9(3); and Chapter 281, Iowa Code (1991)
Education [281]—Chapter 41, IAC
REVISED: June 12, 1996; April 8, 1998; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
All children with disabilities between birth and twenty-one years of age, as
defined by Code of Iowa and Individuals with Disabilities Education Act, will be
provided full educational opportunities in accordance with the Iowa Special Education
Rules and Regulations of the Iowa Department of Education. Each child receiving
special education will have an Individualized Education Program (IEP) developed and
carried out in accordance with State and Federal statutes, rules and regulations.
Children receiving special education will attend general education classes,
participate in extracurricular activities, and receive services in a general education setting
to the maximum extent possible. The appropriate education for each student shall be
written in the student's IEP. Special education students will be required to meet the
requirements for graduation stated in their school district's board policy or in their IEPs.
Prior to the student's graduation, the IEP team will determine that the requirements have
been met.
It shall be the responsibility of the Agency’s Director of Special Education (Assistant
Director of Integrated Services – Special Education Compliance) to administer special
education programs and services. The Agency board policies and procedures pertinent to
the provision of special education will be filed at the Agency.
Board Policy 602.1
Provision of Integrated Services Platform - Special Education
Page 2
Individual student records may be reviewed by authorized personnel and in accordance
with the requirements of the Student Records board policy (602.7).
Section:
Code:
602.2
Policy Title:
Powers and Duties of the Director of Special Education
References:
Date of Adoption: March 17, 1980;
REVISED: August 7, 1985; June 12, 1996; June 8, 2011
REVIEWED: 2004-05; 2010-11
The Mississippi Bend Area Education Agency’s Director of Special Education
(Assistant Director of Integrated Services – Special Education Compliance), who has
responsibility for the implementation of state regulations and guidelines relating to
special education, will have the following powers and duties:

Properly identify children requiring special education.

Ensure that each child requiring special education in the Area Education
Agency receives an appropriate special education program or service.

Assign the appropriate weighted factor for each child requiring special
education programs or services.

Supervise special education support personnel.

Provide each school district within the area served and the Department of
Education with a special education weighted enrollment count as required.

Submit to the Department of Education required special education
instructional and support program plans and applications within the required
deadlines.

Coordinate the special education program within the area served.
Section:
Code:
Policy Title:
Parent/Student Rights and Procedural Safeguards
602.4
References:
Individuals with Disabilities Act, Section 504 of the Vocational
Rehabilitation Act of 1973, Code of Iowa, Department of Education Rules
of Special Education, Family Rights and Privacy Act of 1974
REVISED: August 7, 1985; June 12, 1996; June 12, 2002; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) will provide all programs
and services provided by or under the supervision of the Division of Special Education
(Integrated Services Platform – Special Education) and all related policies and procedures
will be developed and implemented in a manner which assures the provision and
protection of all rights and procedural safeguards guaranteed students with disabilities,
their parents and/or guardian.
These include the guarantee of:

A free and appropriate public education within the least restrictive appropriate
educational placement,

Due process in identification, evaluation, educational placement and
programming,

Protection in the conduct of evaluation, placement and reevaluation procedures,

Confidentiality of information and records.
Section:
Code:
602.5
Policy Title:
References:
20 USC § 1414; 34 CFR § 300.220 (1991); Chapter 281, Iowa Code;
Education [281]-- § 41.16(1), IAC
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) Division of Special
Education (Integrated Services Platform – Special Education) will establish a screening
and referral process that ensures the early identification of students who require special
education, as specified in the Iowa Rules of Special Education. This process will be
made available to all districts served by this Agency.

Population served: All children between the ages of birth and 21 (and to the
maximum allowable age, in accordance with Iowa Code Section 281.8) are
eligible to be served by this process unless they have previously completed their
educational program. However, since the emphasis is on early identification,
efforts will be centered on preschool and early elementary populations.

Models of Service: The models of service to be used may include, but are not
limited to, preschool child find programs, grade-level-specific screenings, teacher
training and inservice, and an individual referral process available for any child.
Procedures for provision of these services will be developed by the Agency
Division of Special Education (Integrated Services Platform – Special Education).

Qualified Personnel: All identification activities will be conducted and
supervised by qualified personnel. Paraprofessionals may assist in the
identification process if appropriately trained and supervised by qualified
personnel.

Validation: Measures to validate and refine the identification process will be
established.

Referral: Referral for further evaluation will be arranged for any child who
shows problems significant enough to warrant further diagnostic study.
Board Policy 602.5
Page 2

Records: Adequate records of the results of identification activities will
be maintained.
Section:
Policy Title:
Student Records
Code:
602.7
References:
20 USC § 1415; 20 USC § 123g (1988); 34 CFR Pt. 99; §§ 300.221;
300.560-300.574; and 76.731; 76.734; and 75.734 (1991); Chapter 22;
§ 622.10; Iowa Code (1991) Education [281]-- §§ 12.3 (6); 41.20, IAC;
1980 Op Att’y Gen 720,825
REVISED: September 13, 1995; June 12, 1996; June 9, 1999; May 11, 2005;
June 8, 2011
REVIEWED: 2004-05; 2010-11
SAFEGUARDS
The Board of Directors of the Mississippi Bend Area Education Agency (Agency)
recognizes the importance of maintaining student records and preserving their
confidentiality.
All student records containing personally identifiable information will be kept
confidential at collection, storage, disclosure, and destruction stages. Student records
will be maintained by the records custodian and housed in one of the Agency offices.
The records custodian will assume responsibility for ensuring the confidentiality of any
personally identifiable information. The Agency personnel who collect or use personally
identifiable information will receive training or instruction regarding confidentiality of
personally identifiable information. This policy, all related procedures and practices
comply with the provision of the Family Education Rights Privacy Act (FERPA).
PERSONALLY IDENTIFIABLE INFORMATION
The definition of personally identifiable information includes the name of the child, the
child’s parent, or other family member; the address of the child; a personal identifier, such as the
child’s social security number or student number; or a list of personal characteristics or other
information that would make it possibly to identify the child with reasonable certainty.
ACCESS RIGHTS
A parent or eligible student will have access to the student’s records. An eligible
student is a student who has reached the age of majority or is attending an institution of
post-secondary education. If the student is an eligible student, the parent will not be
provided access without permission of the student, unless the eligible student is still
dependent student, as defined by Section 152 of the Internal Revenue Code of 1986. It
will be presumed that a student who has not graduated from high school is a dependent of
his/her parents until such time as satisfactory evidence to the contrary is presented to
school officials. A representative of the parent or eligible student will have access to the
student’s record with consent from the parent or eligible student.
Except as otherwise provided in this policy, no one else will have access to a
student’s records without the written permission of the parent or eligible student. A
parent will have access to a student’s records unless a court order to the contrary exists or
when the Agency has been advised that the parent does not have authority to access
records.
Annually, the Agency will notify the parent and eligible student of their right to
view the student’s records. The notice will be given in a parent’s or eligible student’s
native language. If any educational records include information on more than one child,
the parent will have the right to inspect and review only the information relating to
his/her child or to be informed of that information.
The Agency will provide parents, on request, a list of the
types and locations of education records collected, maintained, or used by the agency. A
parent, eligible student, and their representative will have a right to inspect and review
the student’s records upon request without unnecessary delay before any meeting
regarding an Individual Education Plan (IEP) or hearing, and in no instance more than 45
days after the request is made. The Agency will respond to a request for an explanation
and interpretation of the records and a list of the types and locations of education records
collected, maintained, or used.
COPIES
Copies of records will be provided only if failure to do so would effectively
prevent the parent or student from exercising the right to inspect and review the records
within 45 days of the request.
FEES
A fee for copies of records may be charged but will be waived if it would prevent
the parent or student from inspecting and reviewing the records. A fee will not be
charged to
AMENDMENT OF RECORDS
If the parent or eligible student believes the information in the record is
inaccurate, misleading or violates the privacy or other rights of the student, the parent or
eligible student may request the Agency amend the information. The Agency will decide
whether to amend the information in accordance with the request within a reasonable
period of time following receipt of the request. If the Agency refuses to amend the
records, it will inform the parent of its refusal and advise the parent of the right to a
hearing. The parent or eligible student
will have a right to appeal the Agency’s decision and will have an administrative hearing
at the Agency level. A local hearing will be conducted according to the procedures under
34 CFR §§99.22.
If the Agency determines, as a result of a hearing, that an amendment will be
made to the student’s records, the agency will make the amendment and so inform the
parent in writing. If the parent’s request or eligible student to amend the records is
denied as a result of a hearing, the parent will have the opportunity to place an
explanatory statement in the student’s records commenting on the Agency’s decision and
setting forth any reasons for disagreeing with the agency. The Agency will maintain the
parent’s explanation as part of the records of the child as long as the record or contested
portion is maintained by the Agency. If the records of the child or the contested portion
is disclosed by the Agency to any party, the explanation will also be disclosed to the
party.
CONSENT
Parental written consent will be obtained before personally identifiable
information is disclosed to anyone other than the following individuals and under the
following circumstances:

Other school officials with legitimate educational interests. "School officials"
means a person employed by the agency as an instructor, supervisor, administrator
or support staff member; a person elected or appointed to the agency's board when
deciding matters regarding individual students; a person employed by or under
contract to the agency to perform a special task, such as an attorney, medical
consultant or therapist. "Legitimate educational interests" include providing
instruction, discipline, services, and planning for students or students' families.

the disclosure is to school personnel within the school district who the
superintendent has determined have legitimate educational interests;

the disclosure is to officials of other educational agencies or institutions in which
the student wishes to enroll;

the disclosure is to the U.S. Comptroller General, the U.S. Secretary of Education,
or state and local education agency authorities;

if the information is necessary to receive financial aid;

the disclosure is to organizations conducting educational studies and the studies
do not release personally identifiable information;

Organizations conducting studies for educational institutions or agencies to
develop, validate, or administer predictive tests; administering student aid
programs; and improving instruction as long as (a) studies do not permit
personal identification of students and their parents by other than representatives
of such organizations and (b) the information will be destroyed when it is no
longer needed.

the disclosure is to accrediting organizations;

the disclosure is to the parent of a dependent student, as defined in §152 of the
Internal Revenue Code of 1986;

the disclosure is to comply with a court order or judicially issued subpoena, only if
the district makes reasonable effort to notify the parents or eligible student of the
order or subpoena in advance of compliance;

the disclosure is in connection with a health or safety emergency, if knowledge of
the information is necessary to protect the health and safety of the student or other
individuals;
When disclosure is made to these exempted parties, it will be made only on
condition that the information will not be disclosed to a third party without written
parent or eligible student consent. The Agency Director of Special Education (Assistant
Director of Integrated Services – Special Education Compliance) and Director of General
Education (Executive Director of Integrated Services) will keep, for public inspection, a
current listing of the names and positions of those employees who are authorized to view
a student’s records without the permission of the parent or eligible student.
RECORD OF ACCESS
The Agency Director of Special Education (Assistant Director of Integrated
Services – Special Education Compliance) and Director of General Education (Executive
Director of Integrated Services) will keep a record of parties obtaining access to
educational records collected, maintained, or used (except access by the parent and
authorized employees of the Agency). The record will include the name of the party, the
date access was given, and the purpose for which the party is authorized to use the
records. The access record may be reviewed only by the parent, eligible student, and
person(s) responsible for custody of the records.
DESTRUCTION OF PERSONALLY IDENTIFIED INFORMATION OF
STUDENTS IN SPECIAL EDUCATION
When personally identifiable information no longer needs to be maintained by the
Agency to provide educational services to the child, the parents or eligible student will be
notified. If the parent or eligible student requests that the records be destroyed, the
Agency will destroy the record. Prior to the destruction of the records, the Agency will
inform the parents or eligible student of the reasons for which it may want the records
maintained. In the absence of a parent or eligible student’s request to destroy the records,
the Agency may maintain the records indefinitely. For Federal audit, some records must
be retained for five years.
Permanent records, a student’s name, address, phone number, his/her grades,
attendance record, classes attended, grade level completed, and year completed, may be
maintained without time limitation even over parental objections. Permanent records will
be kept in a fire-safe vault.
Section:
Policy Title:
Code:
602.8
References:
Individuals with Disabilities Education Act, Department of Education Rules
of Special Education, Administrative Regulation 602.8
REVIEWED: 2004-05; 2007-08; 2010-11
The Integrated Services Platform – Special Education Division will, in
coordination and cooperation with local school districts, maintain an ongoing system of
personnel development in order to effectively carry on programs.
Regulation Title:
Code No:
602.8
References:
Individuals with Disabilities Education Act, Department of Education Rules
of Special Education; Board Policy 602.8
REVISED:
August 7, 1984; June 12, 1996; June 12, 2002; May 11, 2005; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) will follow these steps in
developing personnel:

The conduct of needs assessment activities at least once every three years to
determine:
o the inservice needs of persons within the Mississippi Bend Area Education
Agency (Agency) employed to provide special education services, and
o the special education related information and training needs of general
education staff employed within the Agency.

The planning and conduct of priority inservice education activities identified
through needs assessment activities.

The acquisition and dissemination of significant information derived from
educational research, demonstration projects and similar activities and for
adapting, where appropriate, promising educational practices and materials.
Section:
Code:
Policy Title:
Evaluation of Program and Service Effectiveness
References:
Department of Education Rules of Special Education
602.9
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency’s (Agency) Integrated Services
Platform – Special Education Division will carry out those evaluations which are
necessary and appropriate or as required by state and federal law, to determine the
effectiveness of existing programs and services provided by or under supervision of the
platform and/or to facilitate the development of more effective programs and services.
Section:
Code:
602.11
Policy Title:
Contracted Services
References:
Code of Iowa, Department of Education Rules of Special Education
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) will contract with school
districts, other area education agencies, or public or private agencies as necessary and
appropriate to provide special education programs and related services for individual
students or groups of students. The Integrated Services Platform – Special Education
Division will require periodic reports from those providing these services and shall
condition payment on the proper delivery of these services.
Section:
Policy Title:
Code:
602.13
§ 155A.4(2)” c”, Iowa Code; Education [ 281] -- § 41.23(281); § 12.9(9)
Pharmacy [657]—10.16(204), IAC; Administrative Regulation 602.13
REVISED:
June 12, 1996; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
References:
Some students served by Mississippi Bend Area Education Agency (Agency) may
need prescription and nonprescription medication to participate in their educational
program. These students will receive medication concomitant with their educational
program according to the following regulation.
Regulation Title:
Code No:
602.13
§155A.4(2)” c”, Io wa C o de; Educati on [ 281] --§41.23(281); §12.3(9);
Pharmacy [657]—10.16(204), IAC; Board Policy 602.13
REVISED: June 12, 1996; May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
References:
Mississippi Bend Area Education Agency (Agency) employees will administer
medication when the student’s parent or guardian (hereafter “parent”) provides a signed
and dated written statement requesting medication administration, and the medication is
in the original labeled container, either as dispensed or in the manufacturer’s container.
When administration of the medication requires on-going professional health
judgment, an individual health plan will be developed by the licensed health personnel
with the student and the student’s parent. Students who have demonstrated competence
in administering their own medications may self-administer their medication. A written
statement by the student’s parent will be on file requesting co-administration of
medication, when competence has been demonstrated.
Persons administering medication will include the licensed registered nurse,
parent, physician, and persons who have successfully completed a medication
administration course reviewed by the Board of Pharmacy Examiners. A medication
administration course and periodic update will be conducted by a registered nurse or
licensed pharamacist, and a record of course completion kept on file at the agency.
A written medication administration record will be on file including:

date;

student’s name;

prescriber or person authorizing administration;

medication;
Page 2

medication dosage;

administration time;

administration method;

signature and title of the person administering medication; and

any unusual circumstances, actions, or omissions.
Medication will be stored in a secured area unless an alternate provision is documented.
Emergency protocols for medication-related reactions will be posted.
Medication information will be confidential information, and will be available to agency
personnel with parent authorization.
PARENTAL AUTHORIZATION AND RELEASE FORM FOR THE ADMINISTRATION
OF PRESCRIPTION MEDICATION TO STUDENTS
Student's Name (Last), (First), (Middle)
/
/
Birthday
/
/
Date
School
School medications and health services are administered following these guidelines:
•
•
•
•
Parent has provided a signed, dated authorization to administer medication and/or provide the health service.
The medication is in the original, labeled container as dispensed or the manufacturer's labeled container.
The medication label contains the student’s name, name of the medication, directions for use, and date.
Authorization is renewed annually and immediately when the parent notifies the school that changes are necessary.
Medication/Health Care
Dosage
Route
Time at School
Administration instructions
Special Directives, Signs to Observe and Side Effects
/
/
Discontinue/Re-Evaluate/Follow-up Date
/
Date
Prescriber’s Signature and Title
Prescriber's Address
Person administering medication
/
Emergency Phone
Title
Date
I request the above named student carry medication at school and school activities, according to the prescription, instructions, and a
written record kept. Special considerations are noted above. The information is confidential except as provided to the Family
Education Rights and Privacy Act (FERPA). I agree to coordinate and work with school personnel and prescriber when questions
arise. I agree to provide safe delivery of medication and equipment to and from school and to pick up remaining medication and
equipment.
Code No. 505.2E2
Page 2 of 2
PARENTAL AUTHORIZATION AND RELEASE FORM FOR THE ADMINISTRATION
OF PRESCRIPTION MEDICATION TO STUDENTS
/
Parent's Signature
Date
Parent's Address
Home Phone
Additional Information
Business Phone
Authorization Form
/
Section:
Policy Title:
Student Behavior and Discipline
Code:
602.14
References:
REVIEWED: 2004-05; 2007-08; 2010-11
Student discipline procedures will be the responsibility and function of
Mississippi Bend Area Education Agency (Agency) administration and professional
employees.
The use of reasonable restraint will be permitted within existing due process
procedures as set forth by federal and state guidelines. The measure of reasonableness
will include a consideration of the nature of the restraint, the nature of the student's
misconduct, the age and physical condition of the student, and the professional
employee’s motive in administering the restraint.
Section:
Code:
Policy Title:
Emergency and Disaster Procedures
References:
Department of Education Rules of Special Education
602.15
REVISED: August 7, 1985; June 12, 1996; June 9, 1999; June 12, 2002; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
Procedures for responding in case of emergency or disaster will be maintained in
each Mississippi Bend Area Education Agency (Agency) facility housing students with
disabilities. These procedures will reflect the characteristics and needs of the students
with disabilities housed in the facility in emergency or disaster situations and will be
periodically reviewed with staff and students. A Crisis Response Plan will be approved
by the Board and on file in each Service Center.
Section:
Code:
Policy Title:
Payment for Independent Evaluations
References:
602.16
Date of Adoption: January 8, 1992
REVISED: April 13, 1994; April 10, 1996; June 12, 1996; May 11, 2005; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
For the purposes of this policy, “Independent Evaluation” means an evaluation
conducted by a qualified examiner who is not employed by the Mississippi Bend Area
Education Agency (Agency) or local school district within the Agency. "Public expense"
means that the Agency either pays for the full cost of the evaluation or ensures that the
evaluation is otherwise provided at no cost to the parent. Parents of a child with
disabilities have the right to obtain an independent educational evaluation of their child.
The Agency shall provide to a parent, on request, information about where an
independent evaluation may be obtained. Parents may request Agency payment for an
independent evaluation if they disagree with an evaluation provided by the Agency or
district. The Agency or a local school district may initiate a hearing to show that its
evaluation is appropriate. If the final decision of such a hearing is that the Agency’s
evaluation is appropriate, the parent still has the right to an independent evaluation, but
not at public expense. The results of independent evaluations provided by public or
private expense must be considered by the Agency and local districts in any decision
made with respect to the provision of special education and may be presented as evidence
at a hearing regarding that child. Parents may obtain an independent educational
evaluation at their own expense.
Regulation Title: Request for Second Opinions, Outside Code No:
Evaluations and Independent
Educational Evaluations
References:
Board Policy 602.16
602.16
Date of Adoption: January 8, 1992;
REVISED:
June 12, 1996; May 11, 2005; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-2011
Within the Mississippi Bend Area Education Agency (Agency) diagnostic
evaluations are an important component in the process of meeting the special needs of
students with academic and non-academic school-related difficulties. Occasionally
there are specific educational concerns regarding a specific child which the
multidisciplinary team finds difficult to address without assistance from another referral
source. The following procedure will be utilized for engaging all other resources.
Second opinions which for the purpose of these regulations by definition involve
one (Agency) multidisciplinary team seeking assistance from another Agency
multidisciplinary team may be obtained upon request directly to the team.
Requests for outside evaluations and independent evaluations for either home
intervention students or students seen in the Early Childhood Center must be
submitted on the appropriate form to the Coordinator of Early Childhood Special
Education Services then to the Assistant Director of Integrated Services - Special
Education Compliance.
All other requests for outside evaluations and independent educational
evaluations must be first submitted to the Sector Coordinator and then the Assistant
Director of Integrated Services - Special Education Compliance.
Section:
Policy Title:
Code:
602.17
References: Section 504 of the Rehabilitation Act, Department of Education Rules
REVIEWED: 2004-05; 2007-08; 2010-11
Some students within the Mississippi Bend Area Education Agency (Agency)
need special health services to participate in their educational program. These students
will receive special health services concomitant with their educational program.
Licensed health personnel will provide special health services under the auspices of the
Agency. The duties of the licensed employee include:

to participate as a member of the education team;

to provide the health assessment;

to plan, implement, and evaluate the written individual health plan;

to plan, implement, and evaluate special emergency health services;

to serve as liaison and encourage participation and communication with health
service agencies and individuals providing health care;

to provide health consultation, counseling, and instruction to the student,

the student’s parent, and the employees in cooperation and conjunction with
the prescriber,

to maintain a record of special health services;

to report unusual circumstances to the prescriber, parent and agency
administration; and

to assign, delegate, instruct, provide technical assistance to and supervise
qualified designated personnel; and update knowledge and skills to meet
special health service needs.
Board Policy 602.17
Page 2
The record of special health services will include the following:

student’s name;

special health service;

prescriber or person authorizing;

date and time;

signature and title of the person providing the special health service; and

any unusual circumstances in the provision of such services.
Prior to the provision of special health services the following will be on file:

a written statement by the prescriber detailing the specific method and schedule of
the special health service, when indicated;

a written statement by the student’s parent requesting the provision of the special
health service;

a written report of the preplanning staffing or meeting of the education team; and

a written individual health plan.
Licensed health personnel, in collaboration with the education team, will determine the
special health services to be provided and the qualifications of individuals performing the special
health services. The documented rationale will include the following:

an analysis and interpretation of the special health service needs, health status
stability, complexity of the service, predictability of the service outcome, and risk
of improperly performed service;

the determination that the special health service, task, procedure, or function is part
of the person’s job description;

the determination of the assignment and delegation based on the student’s needs;

a review of the designated person’s competence; and

the determination of initial and on-going level of supervision required to ensure
quality services.
Board Policy 602.17
Page 3
Licensed health employees to will supervise the special health services, define the level of
supervision, and document the supervision.
Licensed health employees to will instruct qualified designated employees to deliver and
perform special health services contained in the individual health plan. Documentation of
instruction and periodic updates shall be on file at the school.
Parents will provide the usual equipment, supplies, and necessary maintenance for such.
The equipment shall be stored in a secured area. Employees to responsible for the equipment
will be designated in the individual health plan.
Section:
Code:
602.18
Policy Title:
Surrogate Parent
References:
20 USC §145(b)(1)(B); 34 CFR §300.514; Education [281]-- §41.110(1)-(4)
REVISED: June 12, 1996; June 12, 2002; May 11, 2005; May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
Definitions as used by the Mississippi Bend Area Education Agency and in this policy
include the following:
"Eligible surrogate parents" are persons who are at least 18 years of age, known to
be reliable and have had or will receive training in the education of individuals with
disabilities. A person selected as a surrogate has no interest that conflicts with the interest
of the individual represented and has knowledge and skills that ensure adequate
representation of the individual. A person assigned as a surrogate may not be an employee
of an agency that is involved in the education or care of the individual. Parents of other
individuals with disabilities or other interested and knowledgeable persons, including foster
parents, may be appointed to serve as surrogate parents. Group home directors and
caseworkers may not be assigned as surrogate parents.
"Surrogate parent" means an individual who acts in place of a parent in protecting
the rights of an individual in the educational decision-making process. A surrogate parent is
appointed for an individual when no parents can be identified; when the Agency, after
reasonable efforts, cannot discover the whereabouts of a parent; or when the individual is a
ward of the state.
A surrogate parent for special education will be appointed whenever the
Mississippi Bend Area Education Agency (Agency ) documents that no parent (as
defined above) can be identified; the Agency cannot discover the whereabouts of a parent
Board Policy 602.18
Surrogate Parent
Page 2
after reasonable efforts; or the individual is a ward of the state and is known to be or is
suspected of being an individual with disabilities.
In appointing a surrogate parent, it will be ensured that there is no conflict of
interest regarding the surrogate parent's responsibility to protect the special education
rights of the individual; the surrogate parent is, or is willing to become, knowledgeable
about the individual's disability and educational needs; and the surrogate parent is
informed of the rights and responsibilities of serving as a surrogate parent.
The Agency’s Assistant Director of Integrated Services - Special Education
Compliance will select a surrogate parent for special education purposes. The Assistant
Director of Integrated Services - Special Education Compliance will appoint the
surrogate parent by letter. The letter will contain the individual's name, age, educational
placement and other information about the individual determined to be useful to the
surrogate parent, and will specify the period of time for which the person will serve. A
copy of the letter will be sent to the Iowa Department of Education. Surrogate parents
will be monitored by the Agency’s Assistant Director of Integrated Services - Special
Education Compliance.
Confidential educational records may be reviewed by the surrogate parent who is
acting as a parent as defined above. The surrogate parent may represent the individual in
all matters relating to the identification, evaluation, and educational placement of the
individual and the provision of free and appropriate public education to the individual.
The Agency will conduct training as necessary using a training procedure
approved by the Iowa Department of Education.
Board Policy 602.18
Surrogate Parent
Page 3
If approved by the Supervisor or Sector Coordinator and the Assistant Director of
Integrated Services - Special Education Compliance outside evaluations and independent
educational evaluations will be provided at no direct cost to the student or the parents of
the student.
There are three situations which may precipitate a request for another evaluation:

Request for a Second Opinion: Members of the multidisciplinary team feel
that due to unique circumstances they are unable to obtain results which
provide sufficiently valid, reliable and comprehensive data regarding a
student’s diagnosis, and more importantly, are unable to plan educational
interventions which promote adequate student growth.
Example One: A child demonstrates unique needs such as those associated
with autism or head injury. The team feels that it has done what it is able to
do for program planning, but needs the special consultation that could be
provided by the members of either the Agency autism team or the head injury
team. In these illustrations, the second opinion may be provided by the
specialized team with the original multidisciplinary team retaining primary
responsibility for the interventions and necessary progress monitoring.
Example Two: A multidisciplinary team has designed and implemented
interventions for a student with learning disabilities. The interventions are not
successful. The team contacts another multidisciplinary team for assistance in
the form of a second opinion. Again, the original multidisciplinary team
retains primary responsibility for the interventions and necessary progress
monitoring.

Request for an Outside Evaluation: Members of the multidisciplinary team
feel that due to unique circumstances they are unable to plan adequate
educational interventions without the assistance of external resources. These
resources are not available through Agency employees and are necessary to
provide educational interventions.
Example One: A child has been evaluated by a Agency speech and language
pathologist due to a nasal voice quality. The pathologist suspects a difficulty
with the closure between the oral and nasal cavity for which specialized
equipment and expertise, not available at Agency, is needed. In this
illustration the outside evaluation would provide the pathologist with valuable
information needed to provide appropriate speech therapy.
Example Two: A student has been assessed by Agency special education
employees and been the recipient of multiple behavioral interventions for
distractibility and impulsivity. The team would like a medical assessment and
consultation regarding educational interventions. Once a medical contact has
Board Policy 602.18
Surrogate Parent
Page 4
been established a case manager from the team would provide ongoing
progress monitoring of the student.
Request for an Independent Educational Evaluation: Independent educational
evaluations are requested by parents or custodial adults when they are in
disagreement with the results of the evaluations conducted by the
multidisciplinary team or provided by the Agency. When such requests are
received, an independent evaluation may be arranged or the Agency may
request a hearing to determine if the evaluations which have been
administered are appropriate for educational programming purposes. If the
hearing finds the Agency’s evaluation(s) to be appropriate, another evaluation
need not be provided at public expense.
However, the parents may continue to pursue an independent evaluation at
their own expense. If this is done, the results of all evaluations must be
considered in subsequent staffing procedures. According to Federal
regulations, “whenever an independent evaluation is at public expense, the
criteria under which the evaluation is obtained including the location of the
evaluation and the qualifications of the examiner, must be the same as the
criteria which the public agency uses when it initiates an evaluation” (Title 34,
Code of Federal Regulations, 300.503 (e).
Example One: Parents do not agree with the results of the comprehensive
evaluation provided their child in a local school. A multidisciplinary team
from another AEA completes the independent evaluation at the student’s
school.
Example Two: Parents do not agree with the results of an evaluation provided
by the Agency at the University of Iowa Child Center for Disabilities and
Development. Another evaluation at a similar clinic is provided.
If a hearing officer requests an individual educational evaluation as part of a
hearing, the cost of the evaluation will not be at the expense of the parent. In order for the
Agency to pay for an independent evaluation requested by the parents, the following
criteria will apply:

The location of the evaluation must be the same as the one used by the
Agency;

The qualifications of the person(s) conducting the evaluation must be the same
as the ones used by the Agency;

Independent evaluations at the public expense are limited to one independent
evaluation for each evaluation provided by the Agency;

Parents must request payment for the independent evaluation within six calendar
Board Policy 602.18
Surrogate Parent
Page 5
months of the date of the meeting in which Agency evaluations were reported and
for which the parent disagrees;

The amount of payment for the independent evaluation will not exceed three times
the amount of the cost of the evaluation performed by the Mississippi Bend AEA.
Nothing in this policy should be interpreted to restrict the ability of parents of a
child with disabilities or the Agency to utilize due process procedures. Further, nothing
in this policy should be interpreted to restrict the ability of parents to demonstrate that
unique circumstances exist for which application of the criteria contained in this policy
would be inappropriate. Continued informal and formal communication between parents,
the Agency and district is encouraged and desired.
Section:
Code:
603.0
Policy Title:
Regional Early ACCESS System Requirements
References:
20 U.S.C. 1433; 20 U.S.C. 1434; 20 U.S.C. 1435(a)(2)
REVISED:
REVIEWED: 2007-08; 2010-11
The Mississippi Bend Area Education Agency, as Regional Grantee, provides a
regional system of coordinated, comprehensive, multidisciplinary, interagency programs
providing appropriate early intervention services based on scientifically-based research, to
the extent practicable, to all eligible infants and toddlers and their families, including Indian
infants and toddlers and their families residing on a reservation or settlement geographically
located in the Region; infants and toddlers with disabilities who are homeless children and
their families; and infants and toddlers with disabilities who are wards of the state. This
system is in collaboration with other Regional Grantees and the Lead Agency, the Iowa
Department of Education, in order to ensure a coordinated, comprehensive, multidisciplinary
interagency statewide system of early intervention services.
In Iowa, this system is known as Early ACCESS and services are provided in
accordance with Part C-Individuals with Disabilities Education Improvement Act of 2004.
The required components of that system follow:

Eligibility and state definition of developmental delay

Public awareness program

Comprehensive child find system

Evaluation and assessment (child and family)

Individualized family service plan (IFSP)
Board Policy 603.0
Regional Early Access System Requirements
Page 2

Early intervention services in natural environments

Regional system of personnel development (CSPD)

Personnel standards

Regional Grantee responsibilities

Procedural safeguards

Identification and coordination of available resources

Financial matters, including timely reimbursement and services

Interagency agreements

Resolution of individual disputes

Contracting policies

Data collection
Legal Requirements
Statewide System Requirements
Federal Requirements:
20 U.S.C. 1433
General Authority
20 U.S.C. 1434
Eligibility
20 U.S.C. 1435(a)(2)
Requirements for Statewide System
Section:
Code:
603.1
Policy Title:
References:
20 U.S.C. 1432(4); 20 U.S.C. 1435(a)(2); 20 U.S.C. 1437(a)(3)(B)
Date of Adoption: April 14, 2004;
REVISED:
September 13, 2006; June 8, 2011
REVIEWED: 2007-08; 2010-11
It is the policy of Mississippi Bend Area Education Agency (Agency) that early
intervention services, based on scientifically based research to the extent practical and
consistent with federal Individuals with Disabilities Education Act (IDEA) Part C statute
and regulations, are available to all infants and toddlers with disabilities and their
families, including Indian infants and toddlers with disabilities and their families residing
on a reservation or settlement geographically located in the Region; infants and toddlers
with disabilities who are homeless children and their families; and infants and toddlers
with disabilities who are wards of the State.
Early intervention services include:

Assistive technology device and service;

Audiology services;

Family training, counseling and home visits;

Health services necessary to enable the infant or toddler to benefit from other
early intervention services;

Medical services only for diagnostic or evaluation purposes;

Nursing services;

Nutrition services;

Occupational therapy;
Board Policy 603.1
Page 2

Physical therapy;

Psychological services;

Service Coordination services;

Signed language and cued speech services;

Social work services;

Special instruction;

Speech-language pathology services;

Transportation and other related costs that are necessary to enable an infant or
toddler and the infant’s or toddler’s family to receive another early intervention service;

Vision services;
Definition of Early Intervention Services
Early Intervention Services means developmental services that:

Are provided under public supervision (see Regional Grantee responsibilities
below);

Are provided at no cost except where Federal or State law provides for a system
of payments by families, including a schedule of sliding fees (see Financial
Matters policy – Payment for Services);

Are designed to meet the developmental needs of an infant or toddler with a
disability, as identified by the individualized family service plan team, in any one
or more of the following areas:
o Physical development, including vision and hearing;
o Cognitive development;
o Communication development;
o Social or emotional development; or
o Adaptive development (see Evaluation and Assessment);

Meet Iowa service standards and IDEA Part C requirements (see Financial
Matters policy – timely provision of services);
Board Policy 603.1
Page 3

Include the services identified above;

Are provided by qualified personnel (see Personnel Standards policy);

To the maximum extent appropriate, are provided in natural environments,
including the home, and community settings in which children without disabilities
participate (see Natural Environments policy); and

Are provided in conformity with an individualized family service plan that meets
Part C requirements (see Individual Family Service Plan (for children 0-3 years)
IFSP).
Legal References
Early Intervention Services
20 U.S.C. 1432(4)
Definition of early intervention services
20 U.S.C. 1435(a)(2)
Requirements for Statewide System – scientifically research
based early intervention services available to eligible children 20
U.S.C. 1437(a)(3)(B) State Application and Assurances – early intervention services
provided
Section:
Code:
603.2
Policy Title:
References:
20 U.S.C. 1435(a)(5)(A), 20 U.S.C. 1435(a)(1); 34 CFR 303.16, 304.300,
and 304.161; Iowa Administrative Rules 281 – 120.4, 120.8(1)(a-b),
120.8(2), and 120.27(6)
REVISED:
REVIEWED: 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) has adopted eligibility
criteria and procedures for Region 9 in accordance with the Iowa Administrative Rules
for Early ACCESS.
Children eligible for early intervention service within the Agency’s Early
ACCESS system include infants and toddlers from birth to the age of three years who
have been determined by a multidisciplinary team to meet one of the following criteria:

Have a condition, based on informed clinical opinion, known to have a high
probability of resulting in later developmental delays in growth and development
if early intervention services are not provided; or

Have a developmental delay, which is defined as a 25 percent delay as measured
by appropriate diagnostic instruments and procedures and based on informed
clinical opinion, in one or more of the following developmental areas: cognitive
development, physical development including vision and hearing, communication
development, social or emotional development, and adaptive development.
Use of informed clinical opinion is emphasized when determining eligibility and
means the integration of the results of evaluations, direct observations in various settings,
and varied activities with the experience, knowledge, and wisdom of qualified personnel.
Informed clinical opinion is used in conjunction with best practice evaluation and
assessment. A multidisciplinary team determines eligibility of children for early
intervention services based on the definition of eligible children as stated above. The
Board Policy 603.2
Page 2
multidisciplinary team means the involvement of two or more disciplines or professions
in the provision of integrated and coordinated early intervention services.
Consistent with 20 U.S.C. 1432(5)(B), the State of Iowa elects to not include
children considered to be at risk of having substantial developmental delays in its
definition of eligible children for Part C under this application.
Legal References
State Eligibility Criteria and Procedures
20 U.S.C. 1435(a)(5)(A)
20 U.S.C. 1435(a)(1)
34 CFR 303.16
34 CFR 304.300
34 CFR 304.161
Comprehensive Child Find System
Definition of eligible children
Infants and toddlers with disabilities
State eligibility criteria and procedures
State definition of developmental delay
Iowa Requirements:
Iowa Administrative Rules for Early ACCESS:
281—120.4
Definitions: ―Eligible Children,‖
―Informed Clinical Opinion,‖ and
―Multidisciplinary Team‖
281—120.8(1)(a-b) Early ACCESS grantees 281—
120.8(2)
Community partners
281—120.27(6)
Determination of eligibility
Section:
Code:
603.3
Early ACCESS –Comprehensive Child Find System, Including Central
Directory and Public Awareness
References:
20 U.S.C. 1419; 20 U.S.C. 1435(a)(5); 20 U.S.C. 1435(a)(6); 20 U.S.C.
1435(a)(7); 20 U.S.C. 1435(a)(10); 20 U.S.C. 1437(a)(6)
REVISED: September 13, 2006; June 8, 2011
REVIEWED: 2007-08; 2010-11
Policy Title:
It is the policy of Mississippi Bend Area Education Agency (Agency) that all
infants and toddlers in Region 9, including Indian infants and toddlers with disabilities
and their families residing on a reservation or settlement geographically located in the
Region; infants and toddlers with disabilities who are homeless children and their
families; and infants and toddlers with disabilities who are wards of the State, who are
eligible for services under Part C are identified, located, and evaluated. A comprehensive
coordinated child find system, consistent with Part B, exists in Region 9 that includes a
system for making referrals to service providers that includes timelines and provides for
participation by primary referral sources. The Agency as Regional Grantee ensures
rigorous standards for appropriately identifying infants and toddlers with disabilities for
services under Part C that will reduce the need for future services. Referral to Early
ACCESS is required for children under the age of three who are involved in a
substantiated case of abuse or neglect or identified as affected by illegal substance abuse
or withdrawal symptoms resulting from prenatal drug exposure. The Mississippi Bend
Area Education Agency as Regional Grantee has procedures in place for identifying these
children, ensuring their referral to Early ACCESS.
Board Policy 603.3
Comprehensive Child Find System,
Page 2
The Agency, as Regional Grantee, has in place a public awareness program
focusing on early identification of infants and toddlers with disabilities who are eligible
to receive early intervention services, including the dissemination of Lead Agencyprepared materials to all primary referral sources, especially hospitals and physicians, of
information to be given to parents, especially to inform parents with premature infants, or
infants with other physical risk factors associated with learning or developmental
complications, regarding the availability of early intervention services under Part CIndividuals with Disabilities Education Improvement Act of 2004 and of services under
Section 619, and procedures for assisting such sources in disseminating such information
to parents of infants and toddlers with disabilities.
The Agency’s public awareness and child find system includes the dissemination
of information about the State’s central directory of information (central point of entry
for the statewide Early ACCESS system) to referral sources, families and the public.
Legal References
Comprehensive Child Find System
20 U.S.C. 1419
20 U.S.C. 1435(a)(5)
20 U.S.C. 1435(a)(6)
20 U.S.C. 1435(a)(6)
20 U.S.C. 1435(a)(7)
20 U.S.C. 1435(a)(10)
20 U.S.C. 1437(a)(6)
Availability of early intervention services
Comprehensive child find system
Public awareness program
Requirements for a statewide system: public awareness
program
Central Directory
Designated Lead Agency
Referral for early intervention services
Section:
Code:
Policy Title:
Early ACCESS – Evaluation Procedures
603.4
References:
20 U.S.C. 1435(a)(3); Iowa Administrative Rules 281-120.4, 281120.8(1)(b)(5), 281-120.15(5), 281-120.27(4), 281-120.27(5), 281-120.28,
281-120.30, 281-120.34; Early ACCESS Memorandum of Agreement
REVIEWED: 2007-08; 2010-11
EVALUATION OF INFANT, TODDLER AND FAMILY NEEDS
The Mississippi Bend Area Education Agency (Agency), as Regional Grantee,
assures that a timely, comprehensive, multidisciplinary evaluation will be provided for
each referred infant or toddler, birth to age three, to identify the strengths, needs, and
appropriate services of each child. Also, the Regional Grantee assures family-directed
assessment of the resources, priorities and concerns of the family and the identification of
the support and services necessary to enhance the family’s capacity to meet the
developmental needs of the child. More detailed descriptions of these procedures can be
found in Statewide Early Access Procedure Documents.
Legal References
Evaluation Procedures
IDEA 2004 Federal Requirements:
20 U.S.C. 1435(a)(3) Evaluation
Iowa Requirements:
281 – 120.4
Definitions . . . “Assessment” and “Evaluation”
281 – 120.8(1)(b)(5)
Early ACCESS Grantees
281 – 120.15(5)
Responsibilities of service coordinator
281 – 120.27(4)
Evaluation
281 – 120.27(5)
Family assessment
281 – 120.28
Nondiscriminatory procedures
281 – 120.30
Required timelines
281 – 120.34
IFSP process
Early ACCESS Memorandum of Agreement:
Early ACCESS Role and Responsibilities . . . Assessment/Eligibility
Section:
Code:
603.5
Policy Title:
Early ACCESS – Individualized Family Service Plans (IFSPs)
References:
20 U.S.C. 1436; 20 U.S.C. 1435(a)(4)
REVISED:
REVIEWED: 2007-08; 2010-11
ASSESSMENT AND PROGRAM DEVELOPMENT
The Mississippi Bend Area Education Agency (Agency) as Regional Grantee
provides, at a minimum, for each infant or toddler with a disability, and the infant’s or
toddler’s family:

a multidisciplinary assessment of the unique strengths and needs of the infant or
toddler and identifies appropriate services;

a family-directed assessment of the resources, priorities, and concerns of the
family and identifies supports and services necessary to enhance the family’s
capacity to meet the developmental needs of the infant or toddler; and

a written individualized family service plan developed by a multidisciplinary
team, including the parents, with a description of the appropriate transition
services for the infant or toddler.
Periodic Review
The individualized family service plan will be evaluated once a year and the
family provided a review of the plan every six months (or more often where appropriate,
based on infant or toddler and family needs).
Promptness after Assessment
The individualized family service plan will be developed within a reasonable time
after the assessment (within 45 days after the date of referral), in accordance with the
Board Policy 603.5
Early ACCESS – Individual Family Service Plans (IFSPs)
Page 2
Iowa Administrative Rules for Early ACCESS. Early intervention services may begin
prior to the completion of the assessment with the parents’ consent.
Content of an Individual Family Service Plan (for children 0-3 years) IFSP
The Agency as Regional Grantee assures that contents of the IFSP will be in
writing and include a statement of:

The infant’s or toddler’s present levels of physical development; cognitive
development; communication development; social or emotional development; and
adaptive development, based on objective criteria;

The family’s resources, priorities, and concerns relating to enhancing the
development of the family’s infant or toddler with a disability;

The measurable outcomes expected to be achieved for the infant or toddler and
the family (including developmentally appropriate pre-literacy and language
skills) criteria, procedures, and timelines to determine progress and whether
modifications or revisions of the results or outcomes or services are necessary;

The specific early intervention services (based on peer-reviewed research to the
extent practicable), necessary to meet the unique needs of the infant and toddler
and the family, including the frequency, intensity and method of delivering
services;

The natural environments in which early intervention services will be
appropriately provided, including justification of the extent, if any, the services
will not be provided in a natural environment;

The projected dates for initiation of services and the anticipated length, duration,
and frequency of the services;

The identification of the service coordinator from the profession most
immediately relevant to the infant’s or toddler’s or family’s needs (or who is
otherwise qualified to carry out all applicable responsibilities) who will be
responsible for the implementation of the plan and coordination with other
agencies and persons, including transition services;

The steps to be taken to support the transition of the toddler with a disability to
preschool or other appropriate services.
Board Policy 603.5
Early ACCESS – Individual Family Service Plans (IFSPs)
Page 3
Parental Consent
The contents of the individualized family service plan will be fully explained to the
parents and informed written consent from the parents obtained prior to early intervention
services being provided. If the parents do not provide consent with respect to a particular
early intervention service, then only the early intervention services to which consent is
obtained shall be provided.
Procedures for the (1) development, review and evaluation for the IFSP, (2) who
participates in the meetings and periodic reviews, (3) evaluation and assessment, and (4)
contents of the IFSP are in accordance with Iowa Administrative Rules for Early
ACCESS and can be found in Statewide Early Access Procedure Documents.
Legal References
Individualized Family Service Plan (IFSPs)
20 U.S.C. 1436
Individualized Family Service Plans (IFSPs)
20 U.S.C. 1435(a)(4)
Requirements for Statewide System
Section:
Code:
Policy Title:
603.6
References: Early Access Memorandum of Agreement
REVIEWED: 2007-08; 2010-11
It is the policy of the Mississippi Bend Area Education Agency
(Agency) that employee standards are consistent with the following:

Appropriate professional requirements means that entry-level requirements for
qualified and skilled providers of Early ACCESS supports and services:
o Are based on the highest requirements in the state applicable to
the profession or discipline in which a person is providing early
intervention services and
o Establishes suitable qualifications for personnel providing early
intervention services to eligible children and their families who
are served by state, local and private agencies.

Highest requirements in the state applicable to specific profession or
discipline means the highest entry level academic degree needed for any
state approval or recognized certification, licensing, registration or other
comparable requirements that apply to that profession or discipline.

Profession or Discipline means a specific occupational category that:
o Provides early intervention services to eligible children/families;
o Has been established or designated by the state; and
o Has a required scope of responsibility and degree of supervision.

State approved or recognized certification, licensing, registration, or other
comparable requirements means the requirements that a state legislature
either has enacted or has authorized a state agency to promulgate through
rules to establish the entry-level standards for employment in a specific
profession or discipline in that state.

Qualified providers. Providers of early intervention services shall meet
the certification and licensure requirements of the licensing body
governing the type of support or service being provided as a part of the
child’s Individual Family Service Plan (for children 0-3 years) (IFSP).
Board Policy 603.6
Page 2
It is the policy of the Agency to maintain Iowa Early ACCESS Personnel
Standards to ensure that employee necessary to carry out the requirements of the Iowa
Administrative Rules for Early ACCESS, including paraprofessionals and assistants, are
appropriately and adequately prepared and trained as required of regional Early ACCESS
Grantees.
It is the policy of the Agency to utilize the personnel standards of signatory
agencies for the provision of early intervention services. This is consistent with the
collaborative interagency nature of the Early ACCESS system. Licensure boards govern
licensure in Iowa. There are state statutes and rules that govern the issuance of licenses
to qualified individuals. Information required to determine the status of licensed
personnel is on file in four locations:

Iowa Department of Education’s Bureau of Practitioner Preparation and
Licensure

Iowa Department of Public Health’s Bureau of Professional Licensure

Iowa Board of Medical Examiners

Iowa Board of Nursing
The professional standards by discipline for the state of Iowa can be found at the
end of this section.
The Board of Educational Examiners and Licensure allows for instructional
personnel to obtain a conditional license for up to three years after which the applicant
must be eligible for the endorsement and be recommended by the college/university to
add to the provisional, education or professional teacher license. All of these persons
have at least a four-year college degree and a license to teach, although they may not
hold the appropriate endorsement in the area to which they are presently assigned
Board Policy 603.6
Page 3
It is the policy of the Agency that paraprofessionals and assistants who provide
early intervention services to eligible children are appropriately trained and supervised, in
accordance with the highest standards within the state. As stated above, the personnel
standards of Signatory Agencies for paraprofessionals and assistants are utilized for the
provision of early intervention services.
Information about the status of personnel standards in Iowa is on file with the
Lead Agency and available to the public.
Iowa Personnel Standards (page 1 of 3)
Updated May 2006
DISCIPLINE
Audiologist
Audiologist –
Education
Audiology
Assistant
Consultant – Early
Childhood Special
Education
Counselor –
Mental Health
EDUCATIONAL
QUALIFICATIONS
Master’s Degree or equivalent
Master’s Degree
Complete a high school education, or
its equivalent; and complete one of the
following:
1. A three-semester-hour (or fourquarter-hour) course in audiology from
an accredited educational institution
and 15 hours of instruction in the
specific tasks which the assistant will
be performing; or
2. A minimum training period
comprised of 75 clock hours on
instruction and practicum experience.
Master’s Degree
Master’s Degree
Dietitian
Bachelor’s Degree
Early Childhood
Special Education
Early Childhood Education (Unified)
Interpreter of the
Deaf
Bachelor’s Degree
Nurse, LPN
1 year of training
Bachelor’s Degree
National Certification or acceptable
level on performance-based test
Nurse, RN
School Nurse
Bachelor’s degree
Nurse – Special
Education
Bachelor’s degree.
CERTIFICATE OR
LICENSE
Licensed by the Speech
Pathology and Audiology
Board of the Iowa Dept. of
Public Health.
Licensed by Board of
Educational Examiners
Public Health.
Licensed by the Iowa Board of
Behavioral Science Examiners
of the Iowa Dept. of Public
Health.
Examiners for Dietetics of the
Iowa Dept. of Public Health.
Licensed by the Board of
Licensed by the Board of
Iowa Board of Interpreter for
the Hearing Impaired
Examiners of the Iowa Dept.
of Public Health
Nursing
Nursing
Educational Examiners and
Nursing
Nursing and Statement of
Professional Recognition
issued by Board of Educational
Examiners
NOTE
DISCIPLINE
Occupational
Therapist
Occupational
Therapist education
EDUCATIONAL
QUALIFICATIONS
Complete the requirements for a degree
in occupational therapy in an
occupational therapy program accredited
by the Accreditation Council for
Occupational Therapy Education of the
American Occupational Therapy
Association. The transcript shall show
completion of a supervised fieldwork
experience.
Bachelor’s Degree
Optometrist
Doctor of Optometry Degree
Orientation and
Mobility
Specialist
Paraeducator
Certified Orientation and Mobility
Specialist (COMS)
Physical Therapist
Physical Therapist
–Education
Completion of the paraeducator
preparation program from a recognized
and approved program.
Graduation from a physical therapy
program accredited by a national
accreditation agency approved by the
board. BS or BA or higher.
Bachelor’s Degree
Physical Therapist
Assistant
Graduation from a PTA program
accredited by a national accreditation
agency approved by the board.
Physician
Medical Degree
Psychologist
Doctoral Degree
Psychologist Education
Social Worker
Master’s Degree
Bachelor Level – Bachelor’s Degree
Master Level – Master’s Degree
Independent Level – Master’s Degree
CERTIFICATE OR
LICENSE
Licensed by Iowa Board of
Physical and Occupational
Therapy Examiners of the
Iowa Dept. of Public Health.
NOTE
Therapy and Statement of
issued by Board of Educational
Examiners
Optometry Examiners of the
Iowa Dept. of Public Health
No licensure or
statewide
certification policy
Certificate issued by Board of
and Statement of Professional
Recognition issued by Board
of Educational Examiners
Medical Examiners of the
Psychology Examiners or the
Social Work Examiners of the
DISCIPLINE
Social Worker –
education
EDUCATIONAL
QUALIFICATIONS
Master’s Degree
Speech/
Language
Pathologist
Master’s Degree or equivalent
Speech/
Language
Pathologist Education
Master’s Degree
Speech/
Language
Pathology
Assistant I or II
Complete a high school education, or
its equivalent; and complete one of the
following:
1. A three-semester-hour (or fourquarter-hour) course in introductory
speech and language pathology from
an accredited educational institution
and 15 hours of instruction in the
specific tasks which the assistant will
be performing;
or
2. A minimum training period
comprised of 75 clock hours on
instruction and practicum experience.
Bachelor’s Degree or licensed
Registered Nurse
Bachelor’s Degree
Targeted Case
Manager
Teacher of Deaf
and Hard of
Hearing
Teacher of Students Bachelor’s Degree
with Visual
Impairments
CERTIFICATE OR
LICENSE
Licensed or Statement of
issued by Iowa Board of
Educational Examiners and
licensed by Board of Social
Work Examiners of the Iowa
Dept. of Public Health
Public Health
1. License issued by Board of
or
2. Licensed by the Speech
Public Health and a Statement
of Professional Recognition
issued by the Board of
Public Health
Certified by Iowa Department
of Human Services
NOTE
Section:
Code:
603.7
Policy Title: Early ACCESS – Comprehensive System of Personnel Development (CSPD)
References:
20 U.S.C. 1435(a)(8)(A) and (B)
REVISED:
REVIEWED: 2007-08; 2010-11
Mississippi Bend Area Education Agency (Agency) as Regional Grantee has
developed and is implementing a regional interagency comprehensive system of personnel
development (CSPD) that is consistent with the requirements of Individuals with Disabilities
Education Act (IDEA) Part B to ensure a sufficient number of qualified and skilled providers
of Early ACCESS supports and services.
This comprehensive personnel development system in collaboration with the Lead
Agency:

Provides for pre-service and inservice training conducted on an interdisciplinary basis
to the extent appropriate;

Provides for training of a variety of personnel needed to meet the requirements of
IDEA, Part C, including public and private providers, primary referral sources,
paraprofessionals, and persons who will serve as service coordinators; and

Ensures that the training provided relates specifically to:
o Understanding the basic components of early intervention services
available in Iowa;
o Meeting the interrelated social/emotional, health, developmental, and
educational needs of eligible children under IDEA, Part C; and
o Assisting families in enhancing the development of their children, and in fully
participating in the development and implementation of Individual Family
Service Plans (for children 0-3 years) (IFSP).
The Agency ensures that training is consistent with the CSPD and will include:
Board Policy 603.7
Early ACCESS – Comprehensive
System of Personnel Development (CSPD)
Page 2

Implementing innovative strategies and activities for the recruitment and
retention of early intervention service providers;

Promoting the preparation of early intervention providers who are fully and
appropriately qualified to provide early intervention services;

Training personnel to work throughout the state; and

Training personnel to coordinate transition services for eligible children from an
early intervention program in Early ACCESS to a Part B preschool program or to
other preschool or other appropriate services.
Legal References
Comprehensive System of Personnel Development (CSPD)
20 USC 1435(a)(8)(A) and (B)
Comprehensive system of personnel development
Section:
Code:
603.8
Policy Title:
Early ACCESS – Contracting or Otherwise Arranging for Services
References:
20 U.S.C. 1435(a)(11); 34 CFR 303.175 and 303.526; Iowa Code 28E.12;
Iowa Administrative Rules 281 – 120.83(1), 120.8(1), and 120.12
REVISED:
REVIEWED: 2007-08; 2010-11
It is the policy of the Mississippi Bend Area Education Agency (Agency) that all
Agency contracts or other arrangements with public or private service providers to
provide early intervention services meet federal requirements, in accordance with Iowa
Administrative Rules for Early ACCESS, which includes:

A requirement that all early intervention services from public or private providers meet
state standards and be consistent with Part C;

The mechanisms that the Regional Grantee will use in arranging for these
services, including the process by which awards or other arrangements are made;
and

The basic requirements that must be met by any individual or organization
seeking to provide these services for the Regional Grantee.
All Agency contracts must also be in accordance with Iowa laws.
Legal References
Policy for Contracting or Otherwise Arranging for Services
20 U.S.C. 1435(a)(11)
Contracting
34 CFR 303.175 Policy for contracting or otherwise arranging for services
34 CFR 303.526 Policy for contracting or otherwise arranging for services
Iowa Requirements:
Iowa Code
28E.12 Contract with other agencies
Board Policy 603.8
Early ACCESS – Contracting or
Otherwise Arranging for Services
Page 2
281–120.83(1)
Policy for contracting or otherwise arranging for services
281–120.8(1)
Early ACCESS grantees
281–120.12
Early intervention services
Section:
Code:
Policy Title:
Early ACCESS – Transition from Part C
603.9
References:
20 U.S.C. 1412(a)(9), 20 U.S.C. 1414(d)(D)(B), 20 U.S.C. 1436(a)(8), 20
U.S.C. 1437 (a)(9)(A-C), 20 U.S.C. 1438(3; Iowa Administrative Rules 281
– 120.56-.61; Iowa Administrative Rules of Special Education 281 – 41.18
and 281 – 41.75
REVISED:
REVIEWED: 2007-08; 2010-11
It is a policy of the Mississippi Bend Area Education Agency (Agency) as
Regional Grantee/Area Education Agency that all children receiving early intervention
services experience a smooth and effective transition when exiting from Early ACCESS
to Part B preschool (early childhood special education) or other services, in accordance
with Federal Part C statute, Iowa Administrative Rules for Early ACCESS and Iowa
Administrative Rules of Special Education.
Children Not Eligible for Part B
In the case of a child who may not be eligible for early childhood special
education preschool services under Iowa Administrative Rules for Special Education,
with the approval of a parent of the child, the service coordinator will make reasonable
efforts to convene a transition planning meeting.
It is the procedure of the Agency as Region 9 Grantee and Area 9 to:
Board Policy 603.9
Early ACCESS - Transition from Part C
Page 2

Include families of children in the transition planning for their children;

Convene a transition planning meeting among the Regional Grantee, the family and
providers of other appropriate services not less than 90 days, and at the discretion of
the parties, not more than 9 months before the child’s third birthday,
o To discuss the appropriate services that the child may receive, and
o To review the child’s service options for the period from the child’s
third birthday through the remainder of the school year; and
o To establish a written transition plan, including, as appropriate, steps to exit
from the Early ACCESS program.
Children Potentially Eligible for Part B
In the case of a child who may be eligible for early childhood special education
preschool services in accordance with Iowa Administrative Rules for Special Education,
with the approval of a parent of the child, the service coordinator will make reasonable
efforts to convene a transition planning meeting.
It is the procedure of the Agency as Region 9 Grantee to:

Include families of children in the transition planning for their children;

Notify the Area Education Agency for the area in which such a child resides that
the child will shortly reach the age of consideration for eligibility for early
childhood special education services under Part B of IDEA;

Convene a transition planning meeting among the Regional Grantee, the family
and providers of other appropriate services not less than 90 days, and at the
discretion of the parties, not more than 9 months before the child’s third
birthday,
o To discuss the appropriate services that the child may receive, and
o To review the child’s service options for the period from the
child’s third birthday through the remainder of the school year; and
o Establish a written transition plan, including, as appropriate, steps to
determine eligibility for early childhood special education services or exit
from the Early ACCESS program.
Board Policy 603.9
Page 3
Children Eligible for Part B
In the case of a child who is eligible for early childhood special education services in
accordance with Iowa Administrative Rules for Special Education, with the approval of a
parent of the child, the service coordinator will make reasonable efforts to convene a
transition planning meeting.
It is the procedure of the Agency as Region 9 Grantee and AEA 9 to:

Follow the procedures described above for children who may be eligible for
early childhood special education services; and to
o Consider the child’s service options for the period from the child’s third
birthday through the remainder of the school year, including determination of
the need for extended school year services during the summer in order to
receive a free and appropriate public education;
o Invite the service coordinator or other representatives of the Early ACCESS
system to the Individualized Education Program (IEP) meeting at the request
of the parent to assure a smooth transition; and
o Develop and implement an IEP in accordance with Administrative Rules for
Special Education by the child’s third birthday.
Release of Records
Furthermore, it is a policy of the Agency, as Regional Grantee/Area Education
Agency that service coordinators will release a child’s record to the AEA or local education
agency (LEA), without parental consent, in order to facilitate the child’s smooth transition to
early childhood special education services under Part B. Records that will be transmitted
include:

Evaluation and assessment information; and

Copies of IFSPs that have been developed and implemented.
Parental consent will be obtained prior to transmitting any records of the child to
other applicable agencies or programs.
Board Policy 603.9
Page 4
More detailed descriptions of these procedures can be found in Regional Grantee
9’s/AEA 9’s procedures documents.
Legal References
Transition to Preschool Programs and Other Appropriate Services
20 U.S.C. 1412(a)(9)
20 U.S.C. 1414(d)(D)(B)
20 U.S.C. 1436(a)(8)
20 U.S.C. 1437(a)(9)(A-C)
20 U.S.C. 1438(3)
Requirements for a transition plan from Part C to Part B
Individualized Education Programs
Individualized Family Service Plan
State transition policies
Use of Funds
Iowa Requirements:
281–120.56 Transition process
281–120.57 Transition plan and continuity of services
281–120.58 Family involvement and notification of the local education agency 281–
120.60
Transition planning for students not eligible for Part B preschool services
281–120.61 Transition planning for students eligible for Part B preschool.
Iowa Administrative Rules of Special Education
281-41.18
Responsibilities of agencies
281-41.75
Transition from Part C to Part B
Section:
Code:
603.10
Policy Title:
Early ACCESS – Equitable Distribution of Resources
References:
20 U.S.C. 1437(a)(7)
REVISED:
September 13. 2006; June 8, 2011
REVIEWED: 2007-08; 2010-11
SERVICES TO ALL GEOGRAPHIC AREAS
Mississippi Bend Area Education Agency (Agency) services to all eligible children
and families in Region 9 are assured through the existence of a region wide
comprehensive, coordinated, multidisciplinary, interagency system of early intervention
services in coordination with the statewide Early ACCESS system. The Agency has
established policies and procedures that will ensure the appropriate provision of early
intervention services statewide including providing services to Indian infants and toddlers
and their families residing on a reservation or settlement geographically located in the
state; infants and toddlers with disabilities who are homeless children and their families;
and infants and toddlers with disabilities who are wards of the State.
Legal References
Equitable Distribution of Resources
20 U.S.C. 1437(a)(7)
Services to all geographic areas
Section:
Code:
Policy Title:
Early ACCESS – Procedural Safeguards
603.11
References:
20 U.S.C 1439 (a & b), 1415(d-i); Iowa Code Chapter 256B; Iowa
Administrative Rules 281 – 120.4, 120.65-.71, Iowa Rules of Special
Education 281 - 41
REVISED:
REVIEWED: 2007-08; 2010-11
It is the policy of Mississippi Bend Area Education Agency (Agency) as Regional
Grantee that eligible infants and toddlers and their parents are afforded the procedural
safeguards required under Individuals with Disabilities Education Act, Part C, as
amended in 2004. Public agencies have procedural safeguards material included within
their Individual Family Service Plan (for children 0-3 years) (IFSP) procedures for each
family. A copy of procedural safeguards available to the parents of an infant or toddler
with a disability will be given to the parents only one time a year, except that a copy also
will be given to the parents upon initial referral or parental request for evaluation, upon
the first occurrence of the filing of a complaint, and upon request by a parent.
Confidentiality of Information
Personally identifiable information maintained by Agency as Regional Grantee,
and service providers in Region 9 for eligible infants and toddlers is protected and
confidential and complies with Family Education Rights and Privacy Act (FERPA)
requirements. This includes the right of parents to written notice of and written consent
to the exchange of such information among agencies
.
Section:
Code:
603.12
Policy Title:
Early ACCESS – Directory Information Designation
References:
20 U.S.C. 1232g(a); 34 CFR 99.37
REVISED:
June 8, 2011
REVIEWED:
2007-08; 2010-11
It is the policy of the Mississippi Bend Area Education Agency (Agency) that
directory information is designated for eligible children and families in accordance with
the Federal Education Records Protection Act (FERPA).
Ordinarily, student (child) records may not be disclosed to a third party without
the written prior permission of a parent or guardian of the student (child). However,
student’s (child’s) records may be disclosed in limited circumstances without parental
permission. Directory information is one circumstance that allows such disclosure.
It is the policy of the Agency as Regional Grantee that designated directory
information for children birth to age three includes only the eligible child’s name.
Annual Notice
The Agency must annually notify parents of Early ACCESS eligible children that their child’s
name is included as directory information. The notice must also inform parents that they may
instruct the Regional Grantee to not release their child’s directory information without written
prior permission. After receiving the notice, parents have the responsibility to inform the
Agency that the parents do not want directory information to be released without permission.
The notice may be distributed in a letter, newsletter, parent handbook, or other means that will
reach parents.
Board Policy 603.12
Early ACCESS - Directory
Information Designation
Page 2
Legal References
Directory Information
20 U.S.C 1232g(a)
Family Educational Rights and Privacy Act (FERPA)
34 CFR 99.37
FERPA
Section:
Code:
Policy Title:
Early ACCESS – Timely Resolution of Disputes
603.13
References:
20 U.S.C. 1439(a)(1), 20 U.S.C. 1439(b), 20 U.S.C. 1435(a)(10)(D & E),
34 CFR 303.524, 34 CFR 303.525
REVISED:
REVIEWED: 2007-08; 2010-11
It is the policy of the Mississippi Bend Area Education Agency (Agency) that the
following are implemented in the Region 9 Early ACCESS system.
Timely Administrative Resolution of Complaints (Child)
Any party aggrieved by the findings and decision regarding an administrative
complaint has the right to bring civil action with respect to the complaint in any State
court of competent jurisdiction or in a district court of the United States without regard to
the amount in controversy. The court will receive the records of the administrative
proceedings, will hear additional evidence at the request of the party, and, basing its
decision on the preponderance of evidence, will grant such relief as the court determines
is appropriate.
Services During Pendency of Proceedings (Child)
During the pendency of any proceeding or any action involving a complaint by
the parents of an infant or toddler with a disability, unless the State agency and the
parents agree otherwise, the infant or toddler will continue to receive the appropriate
early intervention services currently being provided or, if applying for initial services,
will receive the services not in dispute.
Board Policy 603.13
Early ACCESS - Timely
Resolution of Disputes
Page 2
Resolution of Intra and Interagency Disputes (System)
The Iowa Department of Education as Lead Agency in collaboration with the
Agency as Regional Grantee are responsible for resolving disputes. In Iowa, systemlevel disputes are defined as those that involve conflicts over the roles or responsibilities
of an agency partner within the Early ACCESS system and may involve financial
matters.
Whenever there is a system level dispute that involves the services provided by a
single agency, dispute resolution procedures of that agency will be utilized to resolve the
concern(s). In such instances, that agency’s Signatory Agency representative may inform
the State Early ACCESS Coordinator and Signatory Agencies of the dispute. Technical
assistance from the Early ACCESS Regional Grantee, State Early ACCESS Coordinator
or the Signatory Agency can be requested to resolve intra-agency disputes, as
appropriate.
During a dispute, the state ombudsman must assign financial responsibility to the
appropriate Signatory Agency or the Lead Agency as payor of last resort pursuant to the
interagency agreement. The Lead Agency must make arrangements for reimbursement of
any expenditures incurred by the agency originally assigned the responsibility and for
reimbursement of the agency assigned responsibility by the ombudsman if a different
agency is assigned responsibility upon final resolution of the dispute. To the extent
necessary to ensure compliance with this provision, the Lead Agency will refer the
dispute to the Council or to the Governor and implement the procedures to ensure the
delivery of services in a timely manner.
Board Policy 603.13
Early ACCESS - Timely
Resolution of Disputes
Page 3
Part C funds may not be used to satisfy a financial commitment for services that
would otherwise have been paid for from another public or private source, including any
medical program administered by the Secretary of Defense, but for the enactment of Part
C. Early ACCESS funds, state and federal, will be used only for early intervention
services that an eligible child needs but is not currently entitled to under any other
federal, state, local or private source.
Delivery of Services in a Timely Manner
Early intervention services are provided to children eligible for Early ACCESS in
a timely manner, pending the resolution of disputes among public agencies or service
providers.
The Agency has procedures in accordance with the Iowa Administrative Rules for
Early ACCESS for the timely provision of services, ensuring that no service to which a
child is entitled is delayed or denied because of disputes between agencies regarding
financial or other responsibilities.
Legal References
Timely Resolution of Disputes
20 U.S.C. 1439(a)(1)
20 U.S.C. 1439(b)
20 U.S.C. 1435(a)(10)(E)
20 U.S.C. 1435(a)(10)(D)
34 CFR 303.524
34 CFR 303.525
Minimum procedures (Procedural Safeguards)
Services during pendency of proceedings
Resolution of intra and interagency disputes
Timely provision of services pending resolution of disputes
Resolution of disputes
Delivery of services in a timely manner
Section:
Policy Title:
Early ACCESS – Financial Matters
References:
20 U.S.C. 1440
Code:
603.14
REVIEWED: 2007-08; 2010-11
Payor of Last Resort

Non-substitution. It is the Mississippi Bend Area Education Agency’s (Agency’s)
policy that Part C funds may not be used to satisfy a financial commitment for
services that would have been paid for from another public or private source,
including any medical program administered by the Secretary of Defense, but for
the enactment of Individuals with Disabilities Education Act (IDEA), Part C, except
when considered necessary to prevent a delay in the receipt of appropriate early
intervention services by an infant, toddler, or family in a timely fashion. Part C
funds may be used to pay the provider of services pending reimbursement from the
Agency that has ultimate responsibility for the payment.
Establishing Financial Responsibility for Services

Obligations Related to and Methods of Ensuring Services. An Early ACCESS
Memorandum of Agreement (MOA), as ensured by the Governor of Iowa (or
whomever is the designee), has been developed between Iowa’s Lead Agency, the
Iowa Department of Education, and the Signatory Agencies which include: Iowa
Department of Public Health, Iowa Department of Human Services, and University
of Iowa’s Child Health Specialty Clinics. The agreement is effective for a time
period of five years, and ensures the provision of, and financial responsibility for
early intervention services that are consistent with Part C- Individuals with
Disabilities Education Improvement Act of 2004.

Reimbursement for Services by Public Agency. If a public agency other than an
education agency fails to provide or pay for the services pursuant to the MOA, the
Agency will provide or pay for the provision of such services to the child. The
Agency is authorized to claim reimbursement for the services from the public
agency that failed to provide or pay for such services and such public agency will
reimburse the Agency pursuant to the terms of the interagency agreement or other
mechanism as required (see Timely Resolution of Disputes policy).
Section:
Code:
603.15
Policy Title: Early ACCESS – Interagency Agreements
References: 20 U.S.C. 1435(a)(10)(F)
REVISED:
REVIEWED: 2007-08; 2010-11
An Early ACCESS Memorandum of Agreement (MOA) has been developed
between the Lead Agency (Iowa Department of Education) and the Signatory Agencies
which include the Iowa Department of Public Health, Iowa Department of Human
Services, and University of Iowa’s Child Health Specialty Clinics. The agreement is
effective from June 2002 through May 2007 and meets the requirements under Part C –
Individuals with Disabilities Education Improvement Act of 2004.
The Mississippi Bend Area Education Agency (Agency), as Regional Grantee,
will implement the Lead Agency’s interagency agreement embodied in the MOA. The
Agency will also enter into such other agreements as may be necessary to provide early
intervention services to all eligible infants and toddlers and their families, including
Indian infants and toddlers and their families residing on a reservation or settlement
geographically located in the Region; infants and toddlers with disabilities who are
homeless children and their families; and infants and toddlers with disabilities who are
wards of the state.
Legal References
Interagency Agreements
20 U.S.C. 1435(a)(10)(F)
Interagency agreement
Section:
Code:
603.16
Policy Title:
Early ACCESS – Natural Environments
References:
20 U.S.C. 1432(4)(G), 20 U.S.C. 1435(a)(16), 20 U.S.C. 1436(d)(5)
REVIEWED: 2007-08; 2010-11
It is the policy of the Mississippi Bend Area Education Agency (Agency), as
Regional Grantee, to provide, to the maximum extent appropriate, early intervention
services in natural environments. The provision of early intervention services for any
infant or toddler with a disability occurs in a setting other than a natural environment that
is most appropriate, as determined by the parent and the individualized family service
plan team, only when early intervention cannot be achieved satisfactorily for the infants
or toddler in a natural environment. The Individual Family Service Plan (IFSP) contains a
statement of the natural environments in which early intervention services will be
appropriately provided, including justification of the extent, if any, the services will not
be provided in a natural environment.
Legal References
Directory Information
20 U.S.C. 1432(4)(G)
Definition of early intervention services – provided in natural
environments
20 U.S.C. 1435(a)(16)
Requirements for statewide system – natural environments
20 U.S.C. 1436(d)(5)
Content of IFSP – natural environment statement and
justification
BOARD POLICIES
Business Procedures, Series 800
800
800.0
801
800.0A Personal Long Distance Phone Calls
800.0B Procedures for Outgoing and Incoming Mail
and Packages – Bettendorf Office
800.0C Invoicing Receivables
800.0D Cash Receipts
800.0E Cellular Telephone Use and Reimbursement
800.0F Agency Identification on Printed Materials
Budget
Planning the Budget
Preparation of the Budget Document
Requirements of the Budget Document
Budget as Spending Plan
802
802.1
802.2
802.3
802.4
802.5
802.6
Use of Agency Facilities and Equipment
802.1
Use of Agency Facilities, Materials and
Equipment for Non-Agency Purposes
Disposal of Surplus Equipment and Furniture
802.2
Mississippi Bend Recycling Program
802.3
Recycling Program
Investment Policy
803
803.1
803.2
803.3
803.4
803.5
803.6
803.7
Purchasing Policy
803.1A Bidding and Purchasing Procedures
803.1B Purchase and Receipt of Goods or Services
803.1C Purchase Order Procedure
803.1D Outside Presenters
Approval and Payment for Goods and Services
803.5
Handwritten Checks
Payroll Periods
Payroll Deductions
Series 800
Page 2
803.8
803.9
Travel Expenses
803.8A Travel Expenses for Employees and Board
803.8B Purchase of Airline Tickets
Credit Cards
803.9 Credit Cards
804
804.1
804.2
804.3
804.4
804.5
804.6
Monthly Report of Expenditures
Audits
Hazardous Chemical Right to Know
804.6
Hazard Communication Program
805
805.1
805.2
805.3
805.4
Dissemination and Release of Programs and Materials
Inventories
805.3
Inventories
Agency Records
805.4A Agency Records
805.4B Employment Verifications and References
806
806.1
Insurance
807.1
Password Policy
807
Section:
BUSINESS PROCEDURES
Policy Title:
Code:
800.0
References:
Administrative Regulations 800.0A, 800.0B, 800.0C, 800.0D, 800.0E,
800.0F
REVISED: November 7, 1990; June 12, 1996; June 9, 1999; May 14, 2008; June 8 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The major responsibility of the Mississippi Bend Area Education Agency
(Agency) Board of Directors, with input from local school districts and staff, is to ensure
the efficient and effective use of those public funds allocated to the Agency. Proper
administrative procedures shall be adopted and monitored to ensure that this
responsibility is carried out.
Regulation Title:
Personal Long Distance Phone Calls
References:
Board Policy 800.0
Code No:
800.0A
REVISED: June 12, 1996; June 12, 2002; May 11, 2005; May 14, 2008; June 8 2011
REVIEWED: 2004-05; 2007-08; 2010-11
Personal Calls
Due to the tax exempt status of the Mississippi Bend Area Education Agency
(Agency) accounts with providers of telephone service, long distance phone calls for
personal reasons cannot be allowed even when the cost is reimbursed to the Agency.
Regulation Title: Procedures for Outgoing and Incoming Code No:
Mail and Packages—Bettendorf Office
References:
Board Policy 800.0
800.0B
REVISED: February 8, 1996; June 12, 1996; August 13, 1997; June 9, 1999; June 12,
2002; May 11, 2005; May 14, 2008; June 8 2011
REVIEWED: 2004-05; 2007-08; 2010-11
Outgoing Mail

Mississippi Bend Area Education Agency (Agency) mail will be run through the
postage meter only. Mail must be put in the specific platform slots so postage can
be charged accordingly.

Metered mail must have a Bettendorf return address.

Outgoing mail must be to the mail area by 3:30 p.m. for afternoon pickup to allow
time for processing.
Outgoing Packages

Employees must bring packages to the shipping and receiving area by noon the
day they are to be shipped, where they will be processed for shipment. Please
have your return address on the package. Deliveries will not be made to post
office box numbers.

For merchandise being returned, employees must contact the vendor on the
Purchase Order for instructions or authorization to return your package. When
there is authorization to return, the package can be shipped through normal
procedures.
Personal Mail

A slot is located in the mail area for outgoing personal mail.

This mail is taken along with the Agency mail at the end of the day.

All mail put in this slot must have postage on it.

This is intended as a convenience for occasional mailing.
Procedures for Outgoing and
Incoming Mail and Packages –
Bettendorf Office
Page 2
Incoming Mail
A. Mail will be sorted in the Learning Center.
B. After the mail is sorted, the platform will be notified to pick up their mail.
C. If a platform receives mail for another platform, employees should forward it to
that platform. If you are unable to determine the correct platform, return it to
the Learning Center.
Procedures for Opening Letters or Packages
A. Open letters and packages over a clear, hard surface desk.
B. Open letters and packages away from oneself.
C. Be cautious of letters and packages that are unusual:
1.
2.
3.
4.
5.
6.
No return address
From foreign country
Postmark doesn’t match return address
Use of excessive postage
Addressed to generic title and handwritten
Powder or other foreign substance in/on envelope or package
D. If a letter or package is suspect:
1.
2.
3.
4.
5.
6.
7.
Set the envelope, letter, or package in a plastic bag, if
immediately available. Set down on the nearest surface.
Leave the immediate area and insure that no one will enter by closing
the door or blocking the entrance. Other persons in the immediate
area should also leave.
The opener should immediately wash their hands and arms with
warm water and soap.
Dial 8-911 and state that you have received a suspect letter or package.
Dial the switchboard operator at extension 0 and report the incident.
The switchboard operator will contact the Director of Support
Services.
While waiting for the responders, write down the names, addresses,
and home telephone numbers of everyone who was in the
immediate area when the envelope/package was opened.
Please check with the proper authorities before leaving the building.
Gloves will be available for staff use, although not recommended or required by
the Iowa Department of Public Health.
Procedures for Outgoing and
Incoming Mail and Packages –
Bettendorf Office
Page 3
Incoming Packages, Large Purchases, Other
All incoming packages will be received by the IT or Maintenance Department in the
shipping and receiving area.

Packages will be delivered by 3:00 p.m. each day. Next day packages will be
distributed upon arrival.

Purchase Orders must include designated delivery area.
Regulation Title:
Invoicing Receivables
References:
Board Policy 800.0
Code No:
800.0C
REVISED: June 12, 1996; June 9, 1999; June 12, 2002; May 14, 2008; June 8 2011
REVIEWED: 2004-05; 2007-08; 2010-11
When an event or action creates the need for another entity to make payments to
the Mississippi Bend Area Education Agency (Agency), an invoice will be prepared
using the following procedures:
A. The department or platform that originated the event or action will enter the
invoice into the Accounts Receivable module of the Alio system. The invoice
will include the following information:
1. Vendor name and address (if it is a new customer contact A/R for a
customer number)
2. Vendor purchase order number (if applicable )
3. Description of item(s) billed
4. Total amount billed
5. Account number to be credited and debited
B. Print three copies of the invoice and send two copies and supporting
documentation (work orders, order forms, customer P.O., etc.) to the
customer. One of these copies should be returned to the Agency with the
customer’s remittance; the other copy will be retained by the customer for
their files.
C. The originator retains the third copy for their files.
D. The originator posts the invoice after it is printed.
Regulation Title:
Cash Receipts
References:
Board Policy 800.0
Code No:
800.0D
REVISED: April 1, 1994; June 12, 1996; June 9, 1999; June 12, 2002; May 11, 2005;
May 14, 2008; June 8 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The following procedures have been developed to provide documentation and
security for cash/checks received by the Mississippi Bend Area Education Agency
(Agency).
Receipt of Funds

The Agency may receive cash/checks for the following reasons:
o
o
o
o
o
Payments for grants
Payments on Agency-issued bills
Registrations for classes, student events, etc.
Walk-in sales in the Media Production
Orders for Agency products and services

Each Platform will designate a cashier(s) or cashiers to handle receipts for
registrations, walk-in sales, and orders.

All bills, registration forms, order forms, etc. will include instructions for payment to
be sent to the appropriate cashier.

All incoming cash/checks/credit cards will go to the appropriate cashier unopened;
this includes cash/checks/credit cards that come in by mail, van, or that are hand
delivered.

If staff members other than the cashier receive cash/checks/credit cards, the
cash/checks/credit cards and all accompanying documentation must be taken
immediately to the appropriate cashier.

Receipts for walk-in sales in Media Production are run through a laptop “cash
register.” Cash and checks are turned into Support Services periodically with a
summary of the amounts to be credited to Media Production, and Sales Tax.

The Support Services Office will prepare the deposit. The total deposit must
agree with total of the receipts from the cashiers.
Cash Receipts
Page 2

The Accounts Receivable/Bookkeeper will enter the cash receipts transactions
into the financial accounting system.
Regulation Title:
References:
Cellular Telephone Use and
Reimbursement
Board Policy 800.0
Code No:
800.0E
Date of Adoption:
January 12, 2000
October 6, 2004; May 11, 2005; May 14, 2008; March 11, 2009;
June 8 2011
REVIEWED: 2004-05; 2007-08; 2010-11
REVISED:
Personal Phone
Mississippi Bend Area Education Agency (Agency) employees utilizing personal
cellular telephones in the performance of their responsibilities may request
reimbursement for the per minute charge for Agency-related telephone calls. If an
employee makes an Agency-related call on their personal cellular telephone and there is
no charge for that call above the monthly fee, the Agency will reimburse at a rate based
on the cost per minute of the employee cellular plan. For example, if the monthly fee is
$20.00 and covers 200 minutes at no additional charge, the cost per minute is 10¢.
Employees must provide a copy of the cellular telephone company bill which
identifies all Agency-related calls made and the length of each call. The reimbursement
for these business calls shall be included on the monthly travel and expense report. The
Agency will not reimburse more than the current monthly cost of the Agency’s cellular
phone plan.
Agency phone
Employees may be issued an Agency cellular telephone to be used for Agency
business with the approval of the Platform Director. Personal calls are not to be sent or
received except for schedule changes, safe arrival, emergencies or if the employee is
required by the appropriate Platform Director to carry the cellular phone after Agency
Administrative Regulation 800.0E
Cellular Telephone Use and
Reimbursement
Page 2
hours. An Agency cellular telephone check-out form must be completed prior to being
issued a phone.
Cell Phone Proper Use Guide
The Agency does not recommend the use of a cell phone while driving.
Regulation Title:
References:
Agency Identification on Printed
Materials
Board Policy 800.0
Code No:
800.0F
REVISED: June 10, 1998; June 9, 1999; June 12, 2002; May 14, 2008; June 8 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) has established the following
procedures to promote consistency and to ensure that our printed materials are readily
identifiable Agency publications by their professional quality and design. Agency materials
should be easy to read, informative and reflect the quality of the services we provide.
Printed materials for general distribution. All printed platform and program
information for external use will include:

The Agency logo and Agency name on the front cover. If the name and logo cannot
be placed on the front page or cover, the logo will take priority

The Agency telephone number(s)

An Agency office address

The Agency non-discrimination statement

Platform publications will include the Agency name, the platform name, and then the
program name

“Printed by” logo
Printed materials for distribution in schools. Platform identification as well as
Agency identification is important when communicating with local schools. When
preparing information to be distributed to area schools, administrators or teachers, include
the following:

The Agency logo

The Agency name
Administrative Regulation 800.0F
Agency Identification on Printed Materials
Page 2

The platform name and, when appropriate, the program title

An Agency office address

The Agency non-discrimination statement

The names of program personnel may be included

Orders that do not meet guidelines will be returned
The Communication Facilitator is available to be involved in the planning and
production of brochures, information sheets, or handouts.
Section:
BUSINESS PROCEDURES
Policy Title:
Budget Planning
Code:
801.1
References:
REVISED: November 7, 1990; June 12, 1996; May 14, 2008; June 8 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The development of the Mississippi Bend Area Education Agency (Agency)
annual budget will be a shared responsibility between the employee and Board of
Directors.
It will be the responsibility of the Chief Administrator to develop and implement
a budget development procedure which provides for direct and meaningful input from
each school district and every Agency employee. In addition, this procedure should
establish funding levels based on projected needs rather than arbitrary increases in
existing levels.
It will be the responsibility of the Board of Directors to review and eventually
approve a budget which includes only those programs within the scope of the Agency's
legal responsibilities and established mission.
Section:
BUSINESS PROCEDURES
Policy Title:
Budget Document Preparation
Code:
801.2
References:
REVISED: November 7, 1990; June 12, 1996; May 14, 2008; June 8 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The formal Mississippi Bend Area Education Agency (Agency) budget document
shall be prepared by the Chief Administrator or designee. The Administration will
present to the Board of Directors a preliminary budget projection at the regular board
meeting in February. Budget amendment will be submitted to the Board of Directors
when necessary.
Section:
BUSINESS PROCEDURES
Policy Title:
Budget Document Requirements
Code:
801.3
References:
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency’s (Agency) budget document will
consist of forms prescribed by the Department of Education, with an executive summary
showing the following:

The amount of income from all sources

The total amount proposed to be expended in each fund during the ensuing year

A comparison of proposed expenditures to the amounts actually expended for
like purposes for the two preceding fiscal years
Section:
BUSINESS PROCEDURES
Policy Title:
Budget as Spending Plan
Code:
801.4
References:
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency’s (Agency) final approved budget
will be considered as the authority for all expenditures to be made during the fiscal year.
Any expenditure to be made that exceeds the final approved budget will be made in
accordance with procedures specified in the Code of Iowa. The budget may be amended
to authorize expenditure of unanticipated income during a fiscal year. The Board of
Directors upon approving an amended budget shall file with the Department of Education
for approval.
Section:
BUSINESS PROCEDURES
Code:
Policy Title:
Use of Agency Facilities and Equipment
References:
802.1
REVISED: November 7, 1990; June 12, 1996; June 9, 1999; May 11, 2005;
May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The primary purpose of Mississippi Bend Area Education Agency (Agency)
facilities and equipment is the delivery of services to Agency local school systems.
Agency or Area Nine school district employees or Board Members may use Agency
facilities and/or equipment for any educational purpose or activity conducted by or for
the Agency or district. Agency owned equipment of a mechanical or electrical nature
that is subject to wear will not be loaned or rented for non-Agency use.
Agency facilities may be used for non-Agency functions with prior approval of
the Chief Administrator when a sufficient fee is charged to cover all expenses associated
with the request. Agency needs will always have priority over any non-Agency request.
The use of Agency equipment on site for non-Agency purposes by employees or
the Agency’s Board of Directors may be permitted with approval of the Chief
Administrator when the use is not for personal financial gain and the Agency is
compensated for all costs associated with the request. Use of Agency equipment should
be restricted to those services which can be done without significant disruption of
regularly scheduled Agency work. Agency needs will always have priority over any
approved non-Agency requests.
Regulation Title:
References:
Use of Agency Facilities, Materials Code No:
And Equipment for Non-Agency Purposes
Board Policy 802.1
802.1
REVISED: February 12, 1991; June 12, 1996; June 9, 1999; June 12, 2002;
May 11, 2005; May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
Equipment
The following equipment may be used by Mississippi Bend Area Education Agency
(Agency) employees or members of the Board of Directors for non-agency purposes when
the use is not for personal financial gain. Equipment not listed has been judged to be
unavailable for non-Agency purposes. The equipment listed is available upon request to the
administrative staff responsible for the respective service and payment of the stated fee.
Agency needs shall always have priority over any approved non-Agency request.
Laminators
Copier
Paper Cutter
Dry Mount Press
Button Maker
Ellison Letter Machine
Die Cut Machine
Essential
Flat Microphone Ominidirection
CameraSlide Projector
Heat Seal Machine
3 Hole Punch
Spiral binder
Apollo Portable Sound System
Classroom Performance System
Poster Maker
Dragon Natural Speaking
DVD Player
Microfiche Reader Microphones
Mimio For Flip Charts Mini DV
LCD Projector
Materials
Materials may be used by Agency employee or members of the Board of Directors
for non-Agency purposes when the use is not for personal financial gain. Supplies are
available upon request to the administrative staff responsible for the respective service and
upon payment of the stated fee, plus tax. Agency needs shall always have priority over any
approved non-Agency request.
Facilities
The Agency Learning Center is available to local schools and districts at no cost. It is
available for a fee to other organizations. Fee Schedule follows.
Use of Agency Facilities, Materials and
Equipment for Non-Agency Purposes
Page 2
Such use will only be permitted when it does not interfere with or disrupt any Agency
activities, and when the use is consistent with state law. Agency activities will be given
priority over any use by outside individuals or organizations. Any individual or organization
that uses the Agency facilities will be required to have at least one responsible adult present
during the entire time the Agency facilities are being used. All requests for the use of Agency
facilities must be made in writing to the Learning Center Assistant. All fees must be paid prior
to the scheduled use of the facility.
As a condition for use of the Agency’s Learning Center, groups or individuals (other
than employees of the Agency using facilities for curricular or approved co- curricular
programs) will be required to provide a certificate of insurance that ensures the following:
$1,000,000 SINGLE LIMIT LIABILITY COVERAGE for injuries and/or damage which may
occur during the use of Agency facilities.
FEE SCHEDULE FOR LEARNING CENTER ROOMS
Local schools and
districts
No charge
Pay ICN line
charges
Non-Profit/ Tax
Supported
Related
$50
perGroups
hour
Pay line charge for ICN
in
addition to above room
charges
“For Profit” entities
$75 per hour
Pay line charge for
ICN
in addition to above
room charges
Regular office hours – Monday through Friday: 7:30 a.m. – 4:30 p.m.
Extended weekday hours – Monday through Friday: 4:30 p.m. – 8:30 p.m
Weekend hours: 8:00a.m.- 4:00p.m.
Section:
BUSINESS PROCEDURES
Code:
Policy Title:
References:
802.2
REVIEWED: 2004-05; 2007-08; 2010-11
Mississippi Bend Area Education Agency (Agency) recognizes that surplus
equipment and furniture may be useful to local school districts or other appropriate
government agencies. Equipment and furniture will be disposed of if it has no use. The
Chief Administrator will develop procedures to dispose of surplus equipment and
furniture.
Regulation Title:
References:
Disposal of Surplus Equipment and
Furniture
Board Policy 802.2
Code No:
802.2
REVISED: June 12, 1996; June 9, 1999; June 12, 2002; May 11, 2005; May 14,
2008 June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) Director of Support
Services will be responsible for determining the best time and method for disposal of
surplus equipment and furniture. Procedures to be followed:
A. The Director of Support Services of designee will send a list of the surplus to
all Platform Directors. Platform Directors will send to staff. All requests are
approved by supervisor or sector coordinator.
B. If surplus, the Director of Support Services will observe one or more of the
following procedures:
1. Exchanged (or traded in) for an item of equal or greater value.
i. Complete description of the surplus equipment will be given to the
accountant by the Platform Director requesting exchange.
ii. The appropriate supervisor will negotiate with the appropriate vendors.
2. Sold to an interested school district within the Agency boundaries.
i. The cost of the items is to be determined by the respective Platform
Director
ii. Letters will be sent to each superintendent and principal within the
Agency in the weekly Mailbag describing the surplus items available, the
cost, and the process for obtaining them.
iii. Items will be disseminated on a first-come, first-served basis the second
Monday following the Mailbag at 7:00 A.M. Schools will be responsible
for picking up and hauling the equipment.
iv. A receipt will be issued upon payment (school-district checks only), and
then the item will be released.
v. Maintenance employees will meet with school personnel and ensure that
the above procedures are followed.
3. Given to an interested school district within the AEA boundaries.
Disposal of Surplus Equipment
and Furniture
Page 2
i. An email will be sent to each superintendent by the Coordinator of
Information Technology and Print describing the surplus items available
and the process for obtaining them.
ii. Items will be disseminated on a first-come, first-served basis at the
scheduled date and time. Schools will be responsible for picking up and
hauling the equipment.
iii. Maintenance personnel will meet school personnel and ensure that the
above procedures are followed.
4. Given to a charitable organization
i. In the event no school district is interested, items will be given to charity.
The charitable organizations must use the surplus equipment to benefit
students, families, and organizations that do not have the means to
provide the given equipment.
5. Given to Agency employees
i. For the annual Media Book Give Away, excess books will be made
available to employees after charitable organizations have had access.
6. Sold through sealed bids with two or more interested parties invited to
submit bids on the item(s).
i. The Facilities Department will be notified of an item’s availability by the
Platform Director in charge of the item.
ii. The Facilities will secure the item and be responsible for storing it until
the sealed bid is to take place.
iii. The Facilities will notify the Accountant that the sealed bid process is to
take place.
iv. The accountant will advertise the sealed bid in the “Around the Bend” and
“Communicator” (and a broad-coverage area newspaper if the item is to
sell for over $5,000). This information will include a complete description
of the item, its location, and the date bids are due in the Director of
Support Services office. The item will be awarded to the highest and best
bidder.
7. Salvaged for parts
i. If surplus equipment or furniture is determined to have neither intrinsic
nor monetary value, yet has parts that would benefit the Agency, it will be
dismantled for parts.
Disposal of Surplus Equipment
and Furniture
Page 3
ii. Parts determined to have no value will be disposed of by the Facilities
Department.
8. Disposal of Item
i. It an item is determined to have neither intrinsic nor monetary value and
such determination is approved by the Director of Support Services, it
will be disposed of by the Facilities Department.
Section:
BUSINESS PROCEDURES
Policy Title:
Recycling Program
References:
Code:
802.3
REVISED: September 13, 1995; June 12, 1996; May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
Mississippi Bend Area Education Agency (Agency) Board of Directors supports
conservation of resources. Recycling will be encouraged for all Agency activities. The
Chief Administrator will develop regulations as appropriate.
Regulation Title:
Recycling Program
References:
Board Policy 802.3
Code No:
802.3
REVISED: May 14, 1997; June 9, 1999; June 12, 2002; May 11, 2005; May 14, 2008;
June 8, 2011
REVIEWED: 2004-05; 2007-08
The Mississippi Bend Area Education Agency (Agency) will maximize its efforts to:

Reduce the amount of solid waste generated

Recycle material recoverable from the solid waste stream

Purchase and use products made from recycled materials
These efforts will be pursued using the following techniques, as feasible:

The use of disposable products is discouraged where reusable products are
available of comparable quality and cost.

The generation of waste will be considered with regard to purchasing
decisions and every attempt must be made to purchase items only when
needed and in amounts that are not excessive.

When feasible, items purchased should be durable or readily recyclable.

All employees will avoid unnecessary printing or photocopying of printed
materials, and will print all documents two-sided when feasible and practicable.

All employees will apply computer technology to reduce the generation of
waste paper through the use of e-mail and other computer technology, as
available resources permit.

All employees responsible for purchasing will aggressively explore
opportunities for purchasing products having recycled content in place of
virgin products. The purchase of recycled products by schools will also be
actively promoted.

Product specifications will be written to encourage vendors to offer products
having recycled content. When products having recycled content are offered
that are comparable in quality, performance, availability and price to products
not having recycled content, and there are no other mitigating factors, term
contracts will carry only the recycled products.
Section:
BUSINESS PROCEDURES
Policy Title:
Investment Policy
References:
Iowa Code Section 12B
Code:
802.6
REVISED: June 12, 1996; May 11, 2005; May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
Section 1 -- Scope of Investment Policy
The Investment Policy of the Mississippi Bend Area Education Agency (Agency) will
apply to all operating funds, and other funds and all investment transactions involving
operating funds, and other funds accounted for in the financial statements of the Agency. Each
investment made pursuant to this Investment Policy must be authorized by applicable law and
this written Investment Policy.
This Investment Policy is intended to comply with Iowa Code Chapter 12B. Upon
passage and upon future amendment, if any, copies of this Investment Policy will be delivered
to all of the following:

The governing body or officer of the Agency to which the Investment Policy applies

All depository institutions or fiduciaries for public funds of the Agency

The auditor engaged to audit any fund of the Agency

The State Auditor
Section 2 -- Delegation of Authority
In accordance with Section 12B.10 the responsibility for conducting investment
transactions resides with the Treasurer of Agency. Only the Treasurer and those
Board Policy 802.6
Investment Policy
Page 2
authorized by resolution may invest public funds and a copy of any empowering
resolution will be attached to this Investment Policy.
All contracts or agreements with outside persons investing public funds,
advising on the investment of public funds, directing the deposit or investment of
public funds or acting in a fiduciary capacity for Mississippi Bend Area Education
Agency (Agency) will require the outside person to notify in writing Agency within
thirty days of receipt of all communication from the Auditor of the outside person or
any regulatory authority of the existence of a material weakness in internal control
structure of the outside person or regulatory orders or sanctions regarding the type of
services being provided to Agency by the outside person.
The records of investment transactions made by or on behalf of Agency are
public records and are the property of Agency whether in the custody of the Agency or
in the custody of a fiduciary or other third party.
The Treasurer will establish a written system of internal controls and
investment practices. The controls will be designed to prevent losses of public funds,
to document those officers and employees of Agency responsible for elements of the
investment process and to address the capability of investment management. The
controls will provide for receipt and review of the audited financial statement and
related report on internal control structure of all outside persons performing any of the
following for this public body.

Investing public funds

Advising on the investment of public funds

Directing the deposit or investment of public funds

Acting in a fiduciary capacity for this public body.
Board Policy 802.6
Investment Policy
Page 3
A bank, savings and loan association, or credit union providing only depository
services will not be required to provide an audited financial statement and related
report on internal control structure.
Section 3 -- Objectives of Investment Policy
The primary objectives in order of priority, of all investment activities
involving the financial assets of Agency will be the following:

Safety: Safety and preservation of principal in the overall portfolio is the
foremost investment objective.

Liquidity: Maintaining the necessary liquidity to match expected liabilities is
the second investment objective.

Return: Obtaining a reasonable return is the third investment objective.
Section 4 -- Prudence
The Treasurer of the Agency, when investing or depositing public funds, will
exercise the care, skill, prudence and diligence under the circumstances then prevailing
that a person acting in like capacity and familiar with such matters would use to attain
the investment objectives. This standard requires that when making investment
decisions, the Treasurer will consider the role that the investment or deposit plays
within the portfolio of assets of Agency and the investment objectives.
Section 5 -- Instruments Eligible for Investment
Assets of Agency may be invested in the following:

Interest bearing savings accounts, interest bearing money market accounts, and
interest bearing checking accounts at any bank, savings and loan association or
credit union in the State of if the institution has been approved by the Board.
The amounts deposited in each financial institution must not exceed the
amount insured by the federal deposit insurance corporation or secured
pursuant to other law inserted in the monthly mailing by the Rate Setting
Committee. Each financial institution will be properly declared as a depository
by the governing body of Agency. Deposits in any financial institution will not
exceed the limit approved by the governing body of Agency.
Board Policy 802.6
Investment Policy
Page 4

Obligations of the United States government, its agencies and instrumentalities.

Certificates of deposit and other evidences of deposit at federally insured Iowa
depository institutions approved and secured pursuant to Chapter 12C.

Prime bankers' acceptances that mature within 270 days of purchase and that
are eligible for purchase by a federal reserve bank provided that all the time of
purchase, no more than ten percent of the investment portfolio will be in
investments authorized by this subparagraph and that at the time of purchase
no more than five percent of the investment portfolio will be invested in the
securities of a single issuer.

Commercial paper or other short-term corporate debt that matures within 270
days of purchase and is rated within the two highest classifications, as
established by at least one of the standard rating services approved by the
superintendent of banking provided that at the time of the purchase no more
than five percent of all amounts invested in commercial paper and other shortterm commercial debt rated in the second highest classification, provided
further that at the time of purchase no more than ten percent of the investment
portfolio will be in investments authorized by this subparagraph and that at the
time of purchase no more than five percent of the investment portfolio will be
invested in the securities of a single issuer.

Repurchase agreements, provided that the underlying collateral consists of
obligations of the United States government, its agencies and instrumentalities
and Agency takes delivery of the collateral either directly or through an
authorized custodian.

An open-ended management investment company registered with the
Securities & Exchange Commission under the federal Investment Companies
Act of 1940, 15

U.S.C. Section 80(a) and operated in accordance with 17 C.F.R. Section
270.2a-7, whose portfolio investments are limited to those instruments
individually authorized in Section 5 of this Investment Policy.

A joint investment trust organized pursuant to chapter 28E prior to and existing
in good standing on the effective date of this Act or a joint investment trust
organized pursuant to chapter 28E after April 28, 1992, pursuant to Iowa Code
12B.10.

Warrants or improvement certificates of a levee or drainage district.

Authorized investments pursuant to Iowa Code 12B.10.
Board Policy 802.6
Investment Policy
Page 5
All instruments eligible for investment are further qualified by all other
provisions of this Investment Policy, including Section 7 investment maturity
limitations and Section 8 diversification requirements.
Section 6 -- Prohibited Investments and Investment Practices
Assets of the Agency will not be invested in the following:

Reverse repurchase agreements.

Futures and options contracts.
Assets of the Agency will not be invested pursuant to the following investment
practices:

Trading of securities for speculation or the realization of short-term trading
gains.

Pursuant to a contract providing for the compensation of an agent or fiduciary
based upon the performance of the invested assets.

If a fiduciary or other third party with custody of public investment transaction
records of the Agency fails to produce requested records when requested by
this public body within a reasonable time, Agency will make no new
investment with or through the fiduciary or third party and will not renew
maturing investments with or through the fiduciary or third party.
Section 7 -- Investment Maturity Limitations
Operating Funds must be identified and distinguished from all other funds
available for investment. Operating Funds are defined as those funds which are
reasonably expected to be expended during a current budget year or within fifteen
months of receipt.
All investments authorized in Section 5 are further subject to the following
investment maturity limitations:

Operating Funds may only be invested in instruments authorized in Section 5
of this Investment Policy that mature within three hundred ninety-seven (397)
days.
Board Policy 802.6
Investment Policy
Page 6

The Treasurer may invest funds of the Agency that are not identified as
Operating Funds in investments with maturities longer than three hundred
ninety-seven days

days. However, all investments of the Agency will have maturities that are
consistent with the needs and use of the Agency.
Section 8 – Diversification
Investments of the Agency are subject to the following diversification
requirements:
Prime bankers' acceptances:
 At the time of purchase, no more than ten percent (10%) of the investment
portfolio of the Agency will be invested in prime bankers' acceptances, and

At the time of purchase, no more than five percent (5%) of the investment
portfolio of the Agency will be invested in the securities of a single issuer.
Commercial paper or other short-term corporate debt:

At the time of purchase, no more than ten percent (10%) of the investment
portfolio of the Agency will be in commercial paper or other short-term
corporate debt.

At the time of purchase, no more than five percent (5%) of the investment
portfolio of the Agency will be invested in the securities of a single issuer, and

At the time of purchase, no more than five percent (5%) of all amounts
invested in commercial paper and other short-term corporate debt will be
invested in paper and debt rated in the second highest classification.
Section 9 -- Safekeeping and Custody
All invested assets of the Agency involving the use of a public funds custodial
agreement, as defined in Section 12B.10, will comply with all rules adopted pursuant
to Section 12B.10C. All custodial agreements will be in writing and will contain a
provision that all custodial services be provided in accordance with the laws of the
State of Iowa.
Section:
BUSINESS PROCEDURES
Policy Title:
Purchasing Policy
References:
Code:
803.1
REVISED: November 7, 1990; June 12, 1996; June 9, 1999; July 12, 2006;
May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
It will be the policy of the Mississippi Bend Area Education Agency (Agency) to
purchase products and services from within the boundaries of the Agency and
surrounding Illinois communities provided that such products and services are
competitive.
The official budget document is considered the authority for all expenditures to be
made during the fiscal year. The principal concern of the Board of Directors will be that
the overall expenditure for any fiscal period will not exceed the budgeted amount for any
fund. Categorical breakdowns within funds will be used primarily for administrative
budget control.
The Chief Administrator or designee will approve prior to issuance all purchases
made in the name of the Agency under $5000.00 except those authorized by direct action
of the Board of Directors. The Board of Directors will approve prior to issuance all
purchases made in the name of the Agency over $5000.00. It will be the responsibility of
the Chief Administrator to develop and implement procedures to ensure that purchases
over $5,000.00 are properly bid and that expenditures under $5,000.00 are purchased
only after appropriate price comparison, unless the project or request for proposal
procedure is used. Request for Proposal will follow all bidding regulations and the
project proposal will follow all quotation regulations regardless of total cost.
Board Policy 803.1
Purchasing Policy
Page 2
The procurement of all supplies, equipment and services for the Agency will be
completed in compliance with procedures approved by the Board of Directors.
Regulation Title:
Bidding and Purchasing Procedures
References:
Board Policy 803.1
Code No:
803.1A
REVISED: May 12, 1993; June 12, 1996; June 9, 1999; June 14, 2000; June 12, 2002;
May 11, 2005; May 14, 2008; May 13, 2009; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The following procedures have been developed to provide documentation to
support the Mississippi Bend Area Education Agency's (Agency) efforts to obtain the
best quality goods and services for the Agency, at the best possible price. Employee may
submit names of possible suppliers for requests for bids and quotes on items of a
specialized nature. Specific brands may be requested but these must be justified in
writing. Low bids and quotes may be rejected with written justification by the Platform
Director and approved by the Chief Administrator and the Board of Directors. Purchases
of goods and services available from only one source are not subject to the procedures in
this regulation, but must follow regular Agency purchasing procedures. Written
documentation verifying the sole source must be attached to the purchase order.
Purchases of $5,000 and over
All purchases of single items or quantities of the same item totaling $5,000 or
over will follow the bidding process:
A. A Bid Request form will be completed by the Agency employee requesting a
purchase subject to the bidding process. (Available on the AEA website.)
B. The Bid Request form must be approved by the appropriate platform director
and the Director of Support Services.
C. Bid specifications will be developed jointly by the Director of Support
Services or designee and the employee requesting the bid with assistance from
outside professionals when necessary.
Page 2
D. Vendor lists will be developed by the Director of Support Services or designee
from all vendors in the appropriate categories from the telephone and/or online directories from communities within the boundaries of the Agency and
surrounding Illinois communities, vendors who have requested to be on the
vendor list, employees familiar with vendors in the field, and the Directory of
Targeted Small Businesses.
E. Bid specifications and vendor lists will be approved by the appropriate
platform director or employee and the Director of Support Services prior to
publication and mailing.
F. The invitation to bid will be published in the Quad-City Times two times, at
least 10 days prior to the date of the bid opening.
G. All bid invitations will be sent to the vendors on the approved vendor list by
the Director of Support Services or designee with directions that they be
returned to the Director of Support Services.
H. Bids will be kept in the safe within the Support Services offices and opened
publicly at a time set by the Director of Support Services or designee and
designated employee.
I. Bids will be analyzed by the Director of Support Services or designee and
employees requesting the material(s).
J. Recommendation for acceptance of the successful bidder will be made to the
Board of Directors by the Director of Support Services.
K. All bids will be acted upon by the Agency’s Board of Directors at a regular or
special meeting. In case of a tie, a coin toss will determine who will be
awarded the bid.
L. The Director of Support Services or designee will notify the employee
ordering the item of the successful bid and remind them that the next step is to
prepare a Purchase Order by the requesting employee.
Purchases of $1,000 and up to $4,999
All purchases of single items or quantities of the same item totaling between
$1,000 and $4,999 must have at least two written quotes. Purchases will be made by the
following procedures:
A. A Quote Request form will be completed by the Agency employee
requesting a purchase requiring a written quote.
Page 3
B. The Quote Request form must be approved by the appropriate division
director and Director of Support Services.
C. Quote specifications will be reviewed jointly by the Director of Support
Services or designee and the employee requesting the quotes.
D. Vendor lists will be developed by the employee and/or employee Supervisor
requesting the material(s) from the telephone and.or on-line directories from
communities within Agency boundaries, vendors who have requested quote
invitation, employees familiar with vendors in the field, and the Directory of
Targeted Small Businesses.
E.
Quote specifications and vendor lists will be approved by the appropriate
Platform Director or employee and the Director of Support Services prior to
publication and mailing.
F.
All quote invitations will be sent to the vendors on the approved vendor list
by the Director of Support Services or designee.
G. Quotes will be analyzed by the Director of Support Services or designee and
employee requesting the material(s).
H. Selection of the successful vendor will be made by the Director of Support
Services or designee and employees requesting the material(s).
I.
The requesting employee will be responsible for creating a Purchase Order
to the successful vendor.
Purchases under $1,000
Need to be researched and arranged for by employees.
Delivery of Purchases
Employees who order multiple boxes, oversized shipments or furniture must
indicate on the P.O. that vendors are to contact the person placing the order for delivery
arrangements.
IEC Cooperative Purchasing

Art, office, first aid, paper, computer paper, and janitorial supplies, etc., used by
Agency employees should be ordered through the IEC Coop Purchasing program
unless a cheaper price can be received.
Page 4

Every attempt should be made to coordinate among divisions order of items not on
Coop Purchasing lists to obtain the best possible prices.
Purchases for Resale
All purchases for resale to external customers, e.g., computer network installation,
computer repair, Perkins Consortium equipment, etc. are not required to follow the
quotation or bidding regulations. However, the program supervisor will ensure that the
purchases are with the best and lowest prices.
Technology Purchases
The School Technology Services Committee, chaired by the Coordinator of
Technology and Print Services, will recommend to the Agency Chief Administrator’s
cabinet all Agency-wide purchases for:

All software

All hardware

All peripherals

All infrastructure changes
Approval of all software, hardware and peripherals for individuals must be
approved by the Information Technology Department. Requests will be made from the
Platform Director to the Coordinator of Technology on the appropriate form. The
Information Technology Department will determine how best to meet the need and place
any appropriate order. All pricing, order, installation, set-up and warranty completion
will be done by the Information Technology Department.
Regulation Title:
References:
Purchase and Receipt of Goods or
Services
Board Policy 803.3
Code No:
803.1B
REVISED: November 7, 1990; August 9, 1995; June 12, 1996; June 9, 1999;
September 13, 2000; June 12, 2002; July 12, 2006; May 14, 2008;
June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The procurement of all supplies, equipment, and services by Mississippi Bend
Area Education Agency (Agency) will be handled either by: (1) Purchase Order; (2)
petty cash; (3) agreement for services; (4) request for payment; (5) expense
reimbursement; or (6) Agency credit card. This means that any service or goods obtained
without proper authority will become the responsibility of the individual securing the
goods or service.
SECURING GOODS OR SERVICES
Completing Purchase Orders
At the time goods or services are ordered, an official Purchase Order must be
completed.
By Purchase Order:
A. Requisitions are entered on the ALIO accounting system and sent through the
appropriate electronic approval chain.
B. Procedures for Purchase Orders over $5000
1. Purchase orders over $5000 will be generated the same as any other Purchase
Order.
2. When any Purchase Order over $5000 gets to the Director of Support Services
in the approval chain the Purchase Order will be held for Board of Directors
approval.
3. A report of all held Purchase Orders over $5000 will be presented at the next
scheduled Board of Directors meeting for Board approval.
Purchase and Receipt of Goods
or Services
Page 2
4. After Board of Directors approval the Director of Support Services will
release all approved Purchase Orders over $5000 and they will be
processed with all other purchase orders.
C. Once final approval is received, the person initiating the purchase order
prints out the Vendor, File and Receiver copies of the Purchase Order.
D. The initiator sends the Vendor copy to the vendor.
E. The Accounts Payable Department posts purchase orders on a daily basis
and at that time prints out the Accounts Payable copy of the Purchase
Order.
1. Without Purchase Order:
Payment for stipends to attend a meeting, refunds, and teacher
sub payment to school districts will be made upon receipt of a
completed and signed "Request for Payment."
2. Expenses for Supplies:
a. Supply expenses reimbursement will be made upon the receipt of
a completed and authorized expense form. A Purchase Order is
not needed for this reimbursement.
b. $50 limit for
supplies Receipt of Goods or Services
A. Upon receipt of goods or service ordered, the receiving copy of the
Purchase Order must be signed, dated, and sent immediately to the Support
Services Office.
B. If only part of the order is received, the employee must make a copy of the
Purchase Order receiving copy and note which items were received, then
sign, date, and send this copy immediately to the Support Services Office.
This will allow Support Services Office to make payments on invoices for
partial shipments.
C. If an invoice comes with the shipment, send the invoice to Support
Services by attaching it to the Purchase Order Receiving copy.
Purchase and Receipt of Goods
or Services
Page 3
Payment of Bills:
A. To make payment to a vendor or individual, the Agency must have an
approved Purchase Order, an invoice, and the signed receiving copy of
the purchase order.
B. Bills are approved once a month at the regular board meeting (second
Wednesday of the month) and mailed the following day.
C. Invoices and receiving copies must be in the Support Services Office by the
established due dates (2 weeks before the board meeting) to be processed for
the following board meeting.
D. No one is authorized to promise payment without first getting approval from
the Support Services Office.
E. No one is authorized to use an Agency order form for any purpose other than
the procurement of Agency supplies, equipment, and services. Anything
acquired without an approved Purchase Order will be the responsibility of the
individual who ordered it.
SECURING GOODS OR SERVICES WITH PETTY CASH
Limits
A. All purchases through Petty Cash will be limited to $5.00 per purchase.
B. In accordance with Iowa Code, cash payments cannot be made to employees
in advance of services being received. Consequently, all petty cash
disbursements will be made only after the goods or services have been
purchased.
Procedure:
A. Employee obtains goods or service and an appropriate cash receipt.
B. Employee presents cash receipt and completed and approved petty cash
voucher to petty cash custodian in Support Services Office.
C. Petty cash custodian will verify receipt, stamp voucher paid, and disperse cash
reimbursement to employee.
Regulation Title:
Purchase Order Procedure
References:
Board Policy 803.3
Code No:
803.1C
REVIEWED: 2004-05; 2007-08; 2010-11
In the event an expenditure is incurred prior to the writing of a Purchase Order,
the Mississippi Bend Area Education Agency (Agency) will use the following procedure:
A. The employee incurring the expense will indicate on the "Receiver Copy" the
explanation of why the regular procedure was not used.
B. The employee incurring the expense will sign the explanation and forward it
to the supervisor.
C. The supervisor will review and sign if appropriate and forward it to the
Board of Director’s Treasurer or Director of Support Services.
D. The Board of Director’s Treasurer or Director of Support Services will review
and approve for payment if appropriate.
When the Board of Director’s Treasurer or Director of Support Services approval
is not granted, the total cost will be the responsibility of the person who incurred the
expense.
Regulation Title:
Outside Presenters
References:
Board Policy 803.3
Code No:
803.1D
REVISED: August 9, 2000; May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
All Mississippi Bend Area Education Agency (Agency) requests for paid outside
presenters must be approved by the Platform Director if less than $1,000.00 per day and
the Chief Administrator if more than $1,000.00 per day prior to any contract offer. This
does not apply to Staff Development courses. Payment includes preparation costs. When
contracting with an outside presenter, these steps must be followed:
A. Identify presenter and establish/negotiate fee.
B. Complete "Request for Outside Presenter" and submit it to the platform
director.
C. After Platform Director and if needed, Chief Administrator's approval,
complete "Agreement for Services" form.
D. Submit "Agreement for Services" form to the Support Services Office for
processing at the completion of the event.
Section:
BUSINESS PROCEDURES
Code:
803.5
Policy Title:
Approval and Payment for Goods and Services
References:
Iowa Code Section 273.3, Administrative Regulation 803.5
REVISED:
November 7, 1990; April 14, 1993; June 12, 1996; May 11, 2005;
May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) Board of Directors will
audit and allow all just claims against the Agency, and no order will be drawn upon the
treasury until the claim has been audited and allowed. Each warrant must be made
payable to the person entitled to receive the money.
The Board of Directors authorizes the Chief Administrator to issue warrants when
the Board of Directors is not in session in payment of freight, drayage, express, postage,
printing, water, light and telephone rents but only upon verified bills filed with the Chief
Administrator, and for payment of salaries pursuant to the terms of a written contract.
The Board of Directors authorizes the Chief Administrator, upon approval of the
Board President, to issue warrants when the Board of Directors is not in session, but only
upon verified bills filed with the Chief Administrator for employee expense
reimbursement, registrations, replacement of checks lost or written in error, group
insurance, agency paid tax sheltered annuities, purchases requiring payment in advance,
charges made with credit cards, and any other claims deemed necessary by the Chief
Administrator.
The Chief Administrator will either deliver in person or mail the warrants to the
payees. Each warrant must be made payable only to the person performing the service or
presenting the verified bill, and must state the purpose for which the warrant is issued.
Board Policy 803.5
Approval and Payment
for Goods and Services
Page 2
All bills and salaries for which warrants are issued prior to audit and allowance by
the Board must be passed upon by the Board of Directors at the next meeting and be
entered in the regular minutes of the Board Secretary.
Regulation Title:
Out of Cycle Checks
References:
Board Policy 803.5
Code No:
803.5
REVIEWED: 2004-05; 2007-08; 2010-11
The following procedures have been developed to ensure the Mississippi Bend
Area Education Agency (Agency) is in compliance with Section 279.30 of the Code of
Iowa providing for the issuance of warrants when the Board of Directors is not in session.
Payments for registrations, replacement of checks lost or written in error, group
insurance, Agency paid tax sheltered annuities, purchases requiring payment in advance,
charges made with credit cards and any other claims deemed necessary by the Chief
Administrator will be made by the following procedure:

Claims must have a verified bill and an official purchase order as defined in

Claims must be in the Support Services office by Wednesday at 10:00 a.m.

Claims will be presented to the Board of Director’s President by the Director of
Support Services prior to the last business day of the week

Warrants will be issued when complete
Section:
BUSINESS PROCEDURES
Policy Title:
Payroll Periods
Code:
803.6
References:
REVISED: November 7, 1990; June 12, 1996; May 11, 2005; May 14, 2008
June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
It shall be the policy of the Mississippi Bend Area Education Agency’s (Agency)
Board of Directors that all employees of the Agency be paid in twenty-six equal
payments. Payments will be made every two weeks on Friday.
Section:
BUSINESS PROCEDURES
Policy Title:
Payroll Deductions
Code:
803.7
References:
May 11, 2005; May 14, 2008; June 8, 2011
REVIEWED: 2004-2005; 2007-08; 2010-11
Mississippi Bend Area Education Agency (Agency) employees’ payroll
deductions will consist of federal income tax withholdings, state income tax
withholdings, FICA, Medicare, the Iowa Public Employees Retirement System, credit
unions, union dues, Section 125, Universal Life Insurance, U.S. Savings Bonds, the
employee portion of group insurance premiums, qualified retirement investment
programs, group long-term care, court-ordered deductions, non-qualified retirement
investment programs, and others as approved by the Chief Administrator. Section 403B
annuities may be initiated, changed, or terminated according to IRS regulations if proper
forms are received.
Section:
BUSINESS PROCEDURES
Code:
803.8
Policy Title:
Travel Expenses
References:
Iowa Code Section 79.9, Administrative Regulations 803.8A and 803.8B
REVISED:
November 7, 1990; June 10, 1992; October 12, 1994; June 12, 1996;
June 9, 1999; May 11, 2005; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
Mississippi Bend Area Education Agency (Agency) will reimburse staff for
essential expenses that are incurred during authorized Agency travel. When both air and
ground transportation are available, it will be the responsibility of the director or designee
to choose the most appropriate form. Should an alternative form of travel be requested
by an individual and approved by the Agency, the Agency will only reimburse for those
expenses that would occur from the Agency recommended form of travel. It will be the
responsibility of the Board of Directors to approve rates of reimbursement for those items
not covered by existing contracts. All claims must be submitted within a timely manner
with approval of the Platform Director.
Regulation Title:
References:
Travel Expenses for Employees and
Board
Board Policy 803.8
Code No:
803.8A
REVISED: November 7, 1990; June 10, 1992; May 12, 1993; August 9, 1995; June 12,
1996; October 9, 1996; August 13, 1997; February 11, 1998; June 9, 1999;
June 14, 2000; January 12, 2005; January 11, 2006; May 14, 2008;
February 11, 2009; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
Mileage
The Mississippi Bend Area Education Agency (Agency) will reimburse all
employees and Board Members at the board approved rate for actual miles traveled while
in the performance of assigned duties within the Agency. No one will receive mileage for
travel to or from their work site to begin or end a work day with the following
exceptions:

If the distance to or from an employee’s work site is more than 25 miles from their assigned
sector office, they shall receive the lesser of the mileage from the sector office to the site or
the mileage from their home to the site starting with the 26th mile.

If an employee’s permanent assigned work site is outside their home sector, they shall
receive the lesser of the mileage from the sector office to the site or the mileage from their
home to the site.

If an employee is permanently assigned to the Bettendorf Office and the first or last stop of
the day is in Sectors I or III, they shall receive the lesser of the mileage from the sector office
to the site or the mileage from their home to the site.
Any deviations from these guidelines must be approved by the Platform Director.
Travel to Agency Board of Director’s Meetings is reimbursable if the employee is
required to attend or is requested to attend by the Board, Chief Administrator, or Platform
Director. If two or more people travel together, reimbursement will be paid only to the
owner of the vehicle. Reimbursement cannot be split among the people. Generally,
mileage reimbursement should be submitted monthly through AEA Manager.
Travel Expenses for Employees
and Board
Page 2
Meals
Employees may select one of the following meal allowance procedures.
If the person attends a banquet meal as part of an event, the full cost of the
banquet will be paid. When any meal is paid for as part of the registration and the
employee has selected a per diem, the standard Agency reimbursable cost of the meal
will be deducted from the per diem amount
When in meal per diem status, no individual meals will be reimbursed for those
days. If meal purchases are made on an Agency credit card on a day that the employee
has selected per diem, the per diem will not apply for that day.
Reimbursement will not be made for meal expense incurred within the Agency
boundaries except when the meal time is spent performing Agency business which is
generally authorized by a Platform Director or the Chief Administrator, or if the
employee or board member was requested to attend and had no control over the
scheduling of the banquet and employee attendance is required by the Board of Directors
or Chief Administrator. The Illinois Quad Cities are considered within Agency
boundaries for this regulation.

Employees and Board of Director’s members will be reimbursed for the actual cost
of meals while attending events outside the Agency boundaries. The following
limits apply to in-state travel: breakfast - $8.00; lunch - $10.00; dinner - $20.00.
The following limits apply to out-of-state travel: breakfast - $10.00; lunch $15.00; dinner - $25.00. Meal receipts need not be sent to the Support Services
Office, but are to be kept by the employee or board member for 18 months
following the end of the fiscal year in which the expense is incurred. No
reimbursement will be made for alcoholic beverages.
Alcohol will not be served at any event solely directed by the Agency. When
alcohol is available at events where employees are representing the Agency,
professional behavior should be exhibited at all times. Under no circumstances
may employees use Agency employees funds to purchase alcohol or drive an
Agency vehicle after consuming any amount of alcohol.
and Board
Page 3
Employees who violate this will be subject to the Agency disciplinary procedure.

When employees are in travel status outside the boundaries of the Agency for a
period that includes at least two successive overnights, meals are reimbursed as
follows:
Day of departure and day of return:
In-state
$8.00
10.00
20.00
Breakfast
Lunch
Dinner
Out-of-State
$10.00
15.00
25.00
For all successive days between the day of departure and the day of return when
employees are gone at least two successive overnights, they may receive on
request a per diem amount as follows, or may follow the per
meal basis
as described
Agency
credit
cards mayabove:
not be used with this procedure.
Motel/Hotel
Per Diem
In-state
$38.00
Out-of-State
$50.00
The Agency will pay for lodging for employees and Board of Director’s Members
attending approved events outside the Agency boundaries. The Wildwood Lodge,
Comfort Inn, and the Sleep Inn will be the official Agency hotels for all overnight stays
in the Des Moines area. These hotels offer a complimentary hot breakfast buffet as well
as many other amenities, including internet service.
In locations where there is a designated Agency hotel, employees are expected to
stay at that hotel. Exceptions will be made for reasons of (a) safety, health, or disability;
(b) employees are directing a conference; (c) when staying at a higher priced location
will result in an overall savings to the Agency; or (d) you are staying for a Department of
Education Training, you will be able to stay under their block rate.
and Board
Page 4
In locations where there is no designated Agency hotel, a hotel with a rate up to
$60.00 per night may be selected.
All other exceptions require approval by the Chief Administrator.
Employees may make reservations using Agency credit cards.
Agency employees must pay for non-Agency employees and employees’ personal
expenses at time of check out, e.g., movies, personal phone calls, entertainment, etc.
Taxi/Limousines
The Agency will reimburse for fares on public transportation while attending
out- of-area events provided that the fares are for travel to and from airports, train
stations, etc.; to and from motels/hotels; and to and from meeting places. If possible, the
employee and Board member should get receipts for these fares and keep them for 18
months following the end of the fiscal year in which the expense is incurred for auditing
purposes. No reimbursement will be made for personal trips.
Car Rental
The Agency will reimburse for rental of a car while attending out-of-area events,
if the car rental is approved by the Platform Director prior to the event. The cost of the
car rental must be less than the total shuttle and/or taxi costs would have been or if these
services are not available. This reimbursement will be limited to charges for travel to
and from airports, train stations, etc.; to and from motels/hotels, and to and from meeting
places. No reimbursement will be made for personal trips, sightseeing, etc. A receipt
must be turned in before reimbursement is made. Charges that would normally be
reimbursed may be paid for with Agency credit cards.
and Board
Page 5
Tolls
The Agency will reimburse for tolls paid on roads and bridges while attending
out-of-area events. If possible, the employee and board member should get receipts and
keep them for 18 months following the end of the fiscal year in which the expense is
incurred for auditing purposes.
Parking
The Agency will reimburse for parking fees paid while attending events.
Whenever possible, long-term parking costs should be avoided. Receipts should be
obtained, when available, and kept for 18 months following the end of the fiscal year in
which the expense is incurred for auditing purposes.
Parking fees will be reimbursed for home visits in the areas where safety or the
need to carry materials dictates parking in metered areas close to the home.
Registration
Registrations should be made by either Purchase Orders or Agency credit cards.
The Agency will pay for registration fees for events either within or outside the Agency
boundaries. Any portion of the registration that is for membership in the organization
will not be paid.
Phone Calls
Cellular and other phone calls will be reimbursed only when the calls can be
documented for Agency purposes. The Agency will pay for one phone call (not to
exceed one minute) to inform someone of the employee's safe arrival. If at all possible,
use the travel card supplied by the Agency's long distance carrier.
and Board
Page 6
General
Immediate supervisors may limit the total amount reimbursed for out-of-area
events. In this case, the total reimbursement will be limited to the amount approved by
the supervisor prior to the event.
Regulation Title:
Purchase of Airline Tickets
References:
Board Policy 803.8
Code No:
803.8B
REVISED: June 12, 1996; June 9, 1999; June 12, 2002; May 11, 2005; May 14, 2008;
June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
In order to obtain airline tickets in the most efficient and economical manner, the
following procedures must be used by the Mississippi Bend Area Education Agency
(Agency) employees and Board members when purchasing airline tickets for traveling on
Agency business.
Flights can only be booked by Support Services Office. Use STEPS 1 and 2 to
select the flight and notify Support Services of flights to be booked.
SECTION I
Step One
The employees will contact the Agency designated Travel Agent to get
information on available flights. Provide the following information to the Travel Agent:

Dates of desired arrival and departure

Destination

Any information included in the registration materials about flights available
through the conference.

Others (if any) traveling with the employees or Board member. The Agency will
pay only for the Agency staff or Board member. Others will be billed separately by
the travel Agency.
Routing will be based on the lowest logical fare. Indirect routing for personal
reasons must be pre-approved by the Chief Administrator and any additional costs will be
paid for by the individual.
Page 2
Step Two
After the flight has been selected, prepare an Airline Travel Purchase Order to the
travel agent. The Purchase Order must include the following information:

Name of person(s) flying

Destination

Date of travel

Name and date of event

Flight number

Name of airline

A copy of the approved travel request form
Send the Airline Travel Purchase Order to Support Services within two hours of
making the reservation with the Travel Agent. Support Services will contact the Travel
Agent and book the flight on the day the Purchase Order is received. The Travel Agent
will be instructed not to book any flights unless booked by the designated Support
Services personnel. When requesting tickets for spouses, etc., the employee is
responsible for reservations and payment directly through the travel agent.
Step Three
The Travel Agent will issue tickets electronically, with the confirmation number
and Purchase Order number attached. The employee traveling, secretary and Accounts
Payable will receive copies of the reservation (and anyone else requested).
Personal reservations will be handled directly with the travelers and emailed and
sent to their home addresses.
Page 3
General
All air travel for Agency business must be arranged by the above procedure. Air
fare arranged for in any other manner without prior approval of the Director of Support
Services will not be paid for or reimbursed by the Agency.
The Agency will not pay the cost of any penalty for flight cancellations/changes
due to personal reasons.
SECTION II
Alternative Procedure
If the employee finds cheaper fares through a source other than the Agency Travel
Agent, the employee may purchase the ticket through the other source when:

The employee contacts the Agency Travel Agent and inform them of the flight,
date, time, cost, etc.

The Agency’s travel agent must be asked if they can meet the cost.

If they can, then the employee must use their service

If not, the employee may use the alternate source
Please note that employee will need to document their conversation with the
Agency Travel Agent and submit it with a reimbursement claim.
If the employee chooses to use an alternative supplier, the employee must
personally purchase the ticket and will be reimbursed after the employee returns. In the
event the employee needs to change the ticket or cannot use it, no reimbursement will be
made.
Section:
BUSINESS PROCEDURES
Policy Title:
Credit Cards
References:
Code:
803.9
REVISED:
June 12, 1996; June 10, 1998; March 8, 2000; May 11, 2005;
May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
Mississippi Bend Area Education Agency (Agency) employees and Board of
Director’s Members may use Agency credit cards for the actual and necessary expenses
incurred for Agency related travel. The use of Agency credit cards for personal expenses
is prohibited. Employees issued personalized credit cards may use the card for all
budgeted and approved expenditures. Internet purchases may be made with personalized
credit cards.
It will be the responsibility of the Chief Administrator to develop procedures for
the proper use of Agency credit cards.
Regulation Title:
Credit Cards
References:
Board Policy 803.9
Code No:
803.9
REVISED: June 12, 1996; June 10, 1998; March 8, 2000; June 12, 2002; May 11, 2005;
May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
Agency credit cards (non-personalized) can be used for conference expenses
including registration, hotel reservations, and other appropriate expenses. Airline tickets
will continue to be processed through Support Services after approval by the platform
director. Agency employees using an Agency credit card must submit an appropriate
receipt indicating the date and nature of the expense for each claimed item. Employees
with personal credit cards are required to write the purpose of the expense on all receipts
except those for registration and motel
A. Agency credit cards may be issued to employees by Platform Directors or
Designated Custodian while employees are away from the agency on travel status
and conducting agency business. The following procedures will be used:
1. Complete a credit card use form available from person(s) designated by the
Platform Director. If several employees are attending the same conference
then each staff member must complete a Credit Card Check Out Form even
though only one card is issued to the group.
2. The card will be issued upon completion of the Form.
B. Upon return, employees must attach all travel receipts, including credit card
receipts, to the "Travel Request and Reimbursement Form"/AEA Manager Travel
and turn in with the credit card to the employee who issued the credit card.
C. The employee who issued the credit card will follow this procedure:
1. Credit card holder will note in the "Amount to Reimburse" any expenses "Paid
by Credit Card" or "Paid by Purchase Order."
Credit Cards
Page 2
2. Credit card receipts will be removed from the "Travel Request and
Reimbursement Form" and put in a file to be matched to the monthly credit
card bill. The original receipts are needed for reimbursement. Receipts not
turned in when the bill is due will result in a payroll deduction for that
employee.
3. Monthly credit card bill will be sent to the Platform.
4. The Designated Custodian matches original receipts to the bill, and returns bill
and receipts to Support Services at least 10 days prior to the payment date on
the bill.
Agency employees who are issued personalized credit cards may use them for any
budget expenditures for themselves or their departments. A Credit Card Use Form must
be completed. All Internet purchases must be supported by receipts (paper or electronic),
packing slips or some other appropriate verification of product or service received.
Billing procedures shall follow Step 4 above.
Section:
BUSINESS PROCEDURES
Policy Title:
Monthly Report of Expenditures
Code:
804.1
References:
REVISED: November 7, 1990; June 12, 1996; May 14, 2008, June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The Treasurer of the Mississippi Bend Area Education Agency (Agency) Board
of Directors will file a financial statement of receipts and disbursements each month for
the preceding month’s receipts and disbursements with the Board.
Section:
BUSINESS PROCEDURES
Policy Title:
Audits
References:
Iowa Code Section 11.6
Code:
804.2
REVISED: November 7, 1990; June 12, 1996; June 9, 1999; May 14, 2008;
June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) Board of Directors will
cause to be initiated by an accredited auditing agency an annual audit of the financial
affairs of the Agency in accordance with the statutes of the State of Iowa. Such annual
audit reports shall remain on permanent file in the Support Services of the Agency.
Section:
BUSINESS PROCEDURES
Code:
Policy Title:
Hazardous Chemical Right to Know
References:
804.6
REVISED:
June 12, 1996; May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The Board of Directors of the Mississippi Bend Area Education Agency (Agency)
authorizes the development of a comprehensive hazardous chemical communication
program for the Agency to disseminate information concerning hazardous chemicals in
the work place.
It will be the responsibility of the Chief Administrator to develop internal
procedures to implement and maintain the Hazardous Chemical Right to Know Program.
Regulation Title:
References:
Board Policy 804.6
Code No:
804.6
REVISED: June 12, 1996; June 9, 1999; June 12, 2002; May 11, 2005; May 14, 2008;
June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) compliance program
provides the means for transmission of the available information to employees about the
chemical products to which they are exposed. It also provides the means for transmitting
information to the community and to the local fire department concerning the hazardous
chemical products stored at, or used by, the Agency. This is accomplished by:

Listing all chemical products used or stored in the Agency.

Determining the hazardous chemical products in use or stored on Agency
property.

Ascertaining that appropriate labels are on containers for all chemical products
used by and within the Agency.

Ensuring that Material Safety Data Sheets (MSDS) are available for all chemical
products on Agency property.

Training all employees to recognize and interpret labels, warnings, color coding
and signs affixed to containers, in order to avoid and/or mitigate potential
hazards.

Training all employees in the use of Material Safety Data Sheets (MSDS), their
location and availability in order to avoid and/or mitigate potential hazards.

Training employees who normally use hazardous chemicals with specific
information pertaining to the safe handling and use of product and measures they
can take to protect themselves.
Page 2

Making this written Hazard Communication Program available upon request to
employees, their designated representatives, emergency responders, and
interested members of the community.
For a complete copy of the Hazard Communication Program, contact the Head of
Environmental and Facility Services.
Section:
BUSINESS PROCEDURES
Code:
805.2
Policy Title:
Dissemination and Release of Programs and Materials
References:
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) must protect and
maintain the confidentiality of the local school district records. Release of information
involving records transmitted to the Mississippi Bend Area Education Agency by local
school districts will be made only upon written request by the chief administrative officer
of the local district involved.
Descriptive and informational programs and materials may be disseminated at the
discretion of and at the cost determined by the Chief Administrator of the Agency.
Section:
BUSINESS PROCEDURES
Policy Title:
Inventories
Code:
805.3
References:
REVISED: November 7, 1990; June 12, 1996; May 14, 2008; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
All Mississippi Bend Area Education Agency (Agency) items of equipment over
the Agency’s capitalization limit will be placed in an inventory for informational and
insurance purposes.
Regulation Title:
Inventories
References:
Board Policy 805.3
Code No:
805.3
REVIEWED: 2004-05, 2007-08; 2010-11
The in each department responsible for checking in supplies and equipment will
also be responsible for assigning inventory numbers to new equipment over $1000 in
cost, or transferring or deleting the equipment.
New Purchases of Equipment
The following steps will be used to record inventory of new purchases of
equipment:
A. After receiving equipment, the department designee will assign a tag
number and engrave or write that tag number on the equipment.
B. The department designee will then enter information regarding this new
equipment into the Fixed Asset Maintenance screen in ALIO.
Transfer of Equipment
The department designee for the department that is transferring equipment to
another area will change the location/room information on the Fixed Asset Maintenance
screen to reflect the equipment’s new location.
Disposal of Equipment
The following steps will be used in the disposal of equipment:
A. The department designee will enter the Disposal Code and the Disposal
Date on the Fixed Asset Maintenance screen of all equipment as it is
disposed.
Inventories
Page 2
B. The “Process Disposed Items” program in ALIO will be run on a weekly
basis by the Accountant.
Section:
BUSINESS PROCEDURES
Code:
Policy Title:
Agency Records
References:
Administrative Regulation 805.4A and 805.4B
805.4
REVISED: November 7, 1990; June 12, 1996, December 4, 2006; June 8, 2011
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) will maintain personnel
records on employees in the Support Services Platform. The records are important for
the daily administration of the Agency.
Employee personnel files are Agency records and are considered confidential
records and therefore are not generally open to public inspection or accessibility. Release
of records will comply with Iowa and Federal Laws.
Employees may have access to their personnel files and copy items from their
personnel files at a time mutually agreed upon between the Director of Support Services
and the employee at a cost of $10.00 for copying and $.15 per page.
The Agency reserves the right to verify basic information (e.g., employment
status and job title) without notifying the individual, and to provide information to law
enforcement, public safety, or medical officials or other persons deemed by the Agency
to have a legitimate need to know specific information.
Agency employees who question the accuracy or completeness of information in
their personnel files may discuss their concerns with the Director of Support Services.
The Director will consider any Agency employee’s objections and remove information
deemed by the Director to be erroneous or improper. Should the disputed information be
retained in the file, the employee may submit a brief written statement identifying the
Board Policy 805.4
Agency Records
Page 2
alleged errors or inaccuracies. The statement will remain in the files as long as the
disputed information is retained.
It is the responsibility of the Director of Support Services, who is the custodian of
personnel records, to keep employees’ personnel files current.
It is the responsibility of the Chief Administrator to develop administrative
regulations for the implementation of this policy.
Regulation Title:
Agency Records
References:
Board Policy 805.4
Code No:
805.4A
REVISED: June 12, 1996; June 9, 1999, December 4, 2006; June 8, 2011
REVIEWED:
2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) maintains a variety of records
related to Agency personnel, financial reports, legal documents, Board of Directors, union,
payroll, and more. These records are filed electronically and/or hard copy for a varied amount of
time.
Employee Personnel Records Content

Employee personnel records shall contain, but are not limited to the following
information:
o
o
o
o
o
o
o
o
o
o
o
o
o

Employee Application
College Credential
Resume
Recommendation Letters
Educational Transcripts
Licenses
Recommendation to Hire
Pre-Notification of Background Inquire Form
Emergency Information Card
Property Issued to Employee Form
Evaluations
IGP
Disciplinary Action
Employee health and medical records are kept in a file separate from the employee’s
personnel records. Health and medical records may contain, but are not limited to:
o Medical professional signed physical form
o Sick or long-term disability leave days
o Worker’s compensation claims
o Reasonable accommodations made by the school district to accommodate the
employee’s disability
o Employee’s medical history
o Employee emergency names and numbers
Agency Records
Page 2
o Family and medical leave request forms
o Work Fitness Test Results
Applicant File Records Content
Records on applicants not hired for positions with the Agency are maintained in the
Support Services Office. The records will include, but are not limited to:

Application for employment

Resume

References

Evidence of appropriate license or certification, if necessary for the position for which the
individual applied

Affirmative action form, if submitted
For applications interviewed but not hired, all the above plus:

Salary Offer Form

Job Posting

All Interview Materials
Record Access
Only authorized Agency officials will have access to an employee’s record without the
written consent of the employee. Agency officials include: Chief Administrator, Director of
Support Services, Director of the Platform where the employee is assigned, and the direct
supervisor. In the case of a medical emergency, first aid or safety personnel may have access to
the employee’s health or medical file without the consent of the employee.
The Director of Support Services will keep the following records for the time indicated:
Type of record length preservation:
Board Records
Agency Records
Page 3

The official minutes of the Board of Directors, including resolutions, will be retained
permanently.

Board meeting agendas will be retained two years.

Detailed minutes and audio tapes of closed sessions will be retained at least one year
beyond the date of the meeting.

A copy of the board policies will be retained two years after being superseded.

Bids accepted will be retained for ten years.

Bids rejected will be retained for one year beyond audit.

Citizen petitions will be retained three years after close of issue.

Ballots will be retained six months after the election if not contested.
B. Correspondence

Personnel correspondence will be retained three years after termination.

General correspondence will be retained three years or as long as administratively useful
or of historical value.
C. Financial Reports and Records

Business department financial records (general ledger and annual financial report),
permanently.

Cancelled warrants, check stubs, bills, invoices, and receipts, purchase orders, requisitions,
petty cash vouchers, cost accounting computations, investment records and bank
reconciliations, five years.

Annual budget, permanently

Check registers, journals and bank statements will be retained ten years.

Audits should be retained permanently.
D. Legal Documents

Written contracts will be retained for 10 years beyond the end of the contract.

Accidents on school property, settled out of court, will be retained ten years after
settlement.
Agency Records
Page 4

Insurance policies will be retained three years after expiration.
E. Affidavits of Publication

Regarding other issues will be retained five years (board elections).
F. Union Association Records

Master contracts will be retained permanently.
G. Employee Accidents

Employer reports will be retained five years.

Occupational Safety & Health Administration (OSHA) reports will be retained five
years.

Worker compensation reports will be retained five years after final payment, however, if
the case may result in future claims, the reports will be retained 50 years.
H. Payroll

Payroll journals will be retained three years.

Supporting payroll documentation will be retained three years.

W-2s, W-3s, W-4s, 941s, deposits, 1099s, 1098s will be retained three years.

Iowa withholding reports, job service reports will be retained three years.
I. Personnel Records

Job descriptions will be retained permanently.

Applications and resumes of those hired will be retained three years after termination of
employment.

Applications and resumes of those not hired should will be retained for one year and
then discarded in July of each year.

Employment contracts will be retained for ten years after termination.

Evaluations, continuing education records, employee medical exams will be retained for
three years.
Agency Records
Page 5

Resignations and reasons for termination will be retained for three years after
termination.

Iowa Public Employees’ Retirement System (IPERS) claims should be retained 50
years.

Unemployment claims will be retained five years.

Garnishment records will be retained three years beyond closure.

Enrollments for direct deposit, insurance, etc., will be retained as long as current or for
three years after termination.

Any records relevant to a complaint of discrimination must be retained until complaint is
resolved.

Requests for reasonable accommodations will be retained for two years.

Family Medical Leave Act (FMLA) records will be retained for two years.
Regulation Title:
References:
Employment Verifications and
References
Board Policy 805.4
Code No:
805.4B
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) employees has
established procedures for responding to requests for employment verifications and/or
requests for employment references on former or present employees.
To establish guidelines in the processing of employment verification requests
and references.
Agency Employment Verifications and References
The Support Services Office will provide employment verifications and
references on behalf of the Agency. Employees receiving requests for employment
verification and/or references may refer the requests to Support Services who will
proceed as follows:

If requested via telephone, only the beginning date of employment, the cessation
date of employment, job title, and salary information will be given. Further,
Support Services employees will obtain the identity of the caller before
responding.

If requested via written correspondence, the information discussed in paragraph 1 above
may be provided. In addition, answers to questions concerning quality of work will be
addressed only if accompanied by a release of information form signed by the former
employee. Questions concerning subjective traits (such as personality, attitude and the
like) will not be responded to and no information will be volunteered concerning such
traits. The utmost care will be taken to include only statements that are verifiable as
based upon true and undisputed facts in the employee's file
Employment Verifications and
References
Page 2

The Support Services Office will keep a written record of all dates and details of
employment verifications and references provided by that office.
Personal Reference and Letters of Recommendation

Any verifications, references or letters of recommendation given directly by
Agency employees are to be recognized as personal references and do not
represent a response by the Agency. In this regard, employee respondents are
required to inform the requester that the reference is to be considered only a
personal reference by the individual responding and not a reference by the
Agency.

Employees who provide any information concerning present or former Agency
employees must understand they may incur risk or legal claims or liability for the
Agency and for themselves by doing so. Therefore, any employee from whom
personal references are sought is free to refer the requester to the Director of
Support Services for an official response.
Section:
BUSINESS PROCEDURES
Policy Title:
Code:
806.1
Insurance
References:
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency’s (Agency) Board of Directors will
maintain a comprehensive insurance program that will provide adequate coverage in the
event of loss or damage to the property and the equipment of the Agency. The insurance
program will be reviewed yearly by the Director of Support Services and reported to the
Board of Directors.
Section:
BUSINESS PROCEDURES
Policy Title:
Password Policy
Code:
807.1
References:
Date of Adoption: January 8, 2003;
REVIEWED: 2004-05; 2007-08; 2010-11
The Mississippi Bend Area Education Agency (Agency) provides each employee
access to a computer. Employees are responsible for their password; they should not be
given to others or stored on a computer or printer where others have access. Users are
responsible for their passwords. Passwords should not be given to others, stored on
computer or printer where others have access.
Password Format

Password must be at least six characters long

Password must contain characters from at least three of the following categories.

Description
Example
o
o
o
o
A, B, C . . . Z
a, b, c, . . . z
1, 2, 3, . . . 9
@, *, +
English Upper Case Letters
English Lower Case Letters
Numeric
Non-alphanumeric
Cannot include your name or username.
Example: AEA@09
Other

Once a year you will be notified to change your network password.

Please do not use the same password.

Lockout: The server allows five unsuccessful attempts then the account will be locked
out. The account can only be unlocked by the IT Department.
Board Policy 807.1
Password Policy
Page 2

If any other problems occur, contact the IT Department at 344-6310.
Information on other Agency passwords

Webmax: see Media Services

AEA9 Google sites: see Information Technology

Wireless: see Information Technology

AEA Manager: see Communication Facilitator

ALIO: see Accountant
Section:
BUSINESS PROCEDURES
Code:
808.1
Policy Title: Early Severance Payout
References:
Date of Adoption:
REVISED:
REVIEWED:
The Mississippi Bend Area Education Agency Board of Directors will provide
employees an opportunity for early payout of their severance. Employees must consent to
participation in the early payout provision. Employees eligible for early payout must meet the
following criteria:

Twenty or more years of employment at the Agency.

The group's severance has sufficient funds.
Payout will be calculated using the current per diem at the time of the request, and the payout
days will be deducted from amounts due at final payout according to number of days paid.
Regulation Title:
Early Severance Payout
References:
Board Policy 808.1
Code No:
808.1A
Date of Adoption:
REVISED:
REVIEWED:
The purpose of these procedures is to provide Mississippi Bend Area Education Agency
(Agency) employees with an opportunity for early payout of their severance. The following
processes grant employees participation in the early payout provisions:

Employees represented by exclusive bargaining agents are eligible only after the union
votes to accept this policy and provides evidence to the Agency of its acceptance with the
policy.

Employees not represented by exclusive bargaining agents must consent by a simple
majority vote among those employees contributing to the severance fund to participate in
this policy. Evidence of the vote and consent must be provided to the Agency.

Executive administrators such as the chief administrator and directors and administrators
not participating in a severance group are granted the early payout provision through Board
Policy 808.1.
ELIBILITY
Employees granted eligibility for early payout must meet the following criteria:

Twenty or more years of employment at the Agency.

The group's severance has sufficient funds.
PAYOUT
Employees may elect a lump sum payment or up to four installment payments within a
six month period. The early payouts will be calculated using the current year per diem. The
early payouts will be concluded according to each employee's contract terms. The Agency will
never pay out more than the total accumulation in the employee's group severance fund in any
one fund year.
NOTICE
Eligible employees will be provided with information annually regarding the accessible
funds within their severance fund.
BOARD POLICIES
Community Relations, Series 1000
1000
1000.0
1001
1001.1
Responsibility of Staff Members
Autonomy of Local Schools
1002
Communication with Local Boards and Advisory Groups
Cooperation with Other Agencies
1003
1003.1
Releases to News Media
1003.2
Media Contact
Section:
COMMUNITY RELATIONS
Policy Title:
Code:
1000.0
References:
REVISED: November 8, 1989; June 10, 1998; March 12, 2003; May 10, 2006;
June 10, 2009
REVIEWED: 2005-06; 2008-09
recognizes the importance of a systematic, ongoing communications program as vital to
the success of the Agency as an effective service organization. The primary purpose of
the Agency's community relations program shall be to improve and support the quality of
service provided to employees, teachers, administrators, students, parents, and the general
public in an effort to improve teaching and learning for all in accordance with the law and
the Iowa Department of Education.
Section:
COMMUNITY RELATIONS
Policy Title:
Responsibility of Staff Members
Code:
1001.2
References:
REVISED: November 8, 1989; June 10, 1998; March 12, 2003; May 10, 2006;
June 10, 2009
REVIEWED: 2005-06; 2008-09
The Mississippi Bend Area Education Agency Board of Directors believes that it
is the responsibility of each and every Board member, employee, and Administrator to
achieve the following goals:
1. To develop good interpersonal relationships with other Board members,
employees, teachers, administrators, students, parents, and the general public.
2. To facilitate public understanding of all aspects of the Mississippi Bend Area
Education Agency.
3. To involve local school personnel and the public when developing educational
programs.
4. To earn the respect, confidence and good will of the public while delivering
agency services.
5. To create public awareness of the need for changes which will facilitate
educational progress.
6. To encourage adequate financial support.
7. To promote a genuine spirit of cooperation between the Mississippi Bend Area
Education Agency and the communities which it serves.
Section:
COMMUNITY RELATIONS
Policy Title:
Autonomy of Local Schools
Code:
1001.3
References:
REVISED: November 8, 1989
REVIEWED: 2005-06; 2008-09
Some of the functions performed by the Mississippi Bend Area Education Agency
Board of Directors are delegated by state authority with a mandate that they be
performed. There is no choice on the part of the local school board or the Mississippi
Bend Area Education Agency Board of Directors in regard to these specifications. For all
other services the local school district shall have the freedom to decide which services it
chooses to accept. All policies developed and all decisions made by the Mississippi Bend
Area Education Agency Board of Directors shall respect the autonomy of each local
school district.
Section:
COMMUNITY RELATIONS
Code:
1002.1
Policy Title:
Communication with Local Boards and Advisory Groups
References:
REVISED: November 8, 1989; June 10, 1998; May 10, 2006
REVIEWED: 2005-06; 2008-09
Members of local school boards, advisory groups, and all other patrons of the
Mississippi Bend Area Education Agency shall be welcomed and encouraged to attend
Mississippi Bend Area Education Agency Board meetings.
As required by statute or the Department of Education or as deemed necessary by
the Board, various ad hoc committees may be appointed to give the Board input prior to
making decisions concerning the provision of programs and services. Such committees
shall deal with specific assignments and shall be dissolved upon making the final report
to the Board of Directors.
Section:
COMMUNITY RELATIONS
Policy Title:
Cooperation with Other Agencies
Code:
1002.2
References:
REVISED: November 8, 1989; June 10, 1998; May 10, 2006
REVIEWED: 2005-06; 2008-09
It shall be the expressed policy of the Board of Directors that the Agency actively
participate in cooperative efforts with official agencies and organizations concerned with
the welfare and education of children.
Section:
BOARD OF DIRECTORS
Policy Title:
Advisory Processes
References:
Section 273.15 Code of Iowa
Date of Adoption:
November 13, 2013
Code:
1002.3
The Mississippi Bend Area Education Agency (Agency) Board of Directors will gather
input and feedback regarding future needs from superintendents, principals, teachers, AEA
staff, parents, and community members. The Agency will employ processes and procedures to
seek, collect, and analyze input, feedback, and recommendations from appropriate
constituencies.
Section:
COMMUNITY RELATIONS
Policy Title:
Releases to News Media
Code:
1003.2
References:
REVISED: November 8, 1989; June 10, 1998
REVIEWED: 2005-06; 2008-09
The Chief Administrator or his/her designee shall be responsible for clearance of
all news releases originating from within the Mississippi Bend Area Education Agency or
Board of Directors.
Information not of a personal or confidential nature should be made available to
all news media upon their request along with duplicated copies of pertinent printed
materials. Releases of specific Board matters shall be authorized by the Board and made
under the name of the Board President.
Regulation Title:
Media Contact
References:
Board Policy 1003.2
Code No:
1003.2
REVIEWED: 2008-09
The Head of Information and Support Services of the Mississippi Bend Area
Education Agency has been designated by the Chief Administrator as the Agency’s
media contact/liaison. The Chief Administrator will respond directly to media requests;
the Head of Information and Support Services will be the contact for all other employees.
1. If a Mississippi Bend AEA employee is contacted by a representative of
the media, he/she will contact the Head of Information and Support
Services, who will determine the appropriate person to provide
information.
2. If a Mississippi Bend AEA employee wants to initiate contact with the
media, he/she must first contact the Head of Information and Support
Services. This includes, but is not limited to:

Editorials that indicate a connection with the Mississippi Bend
AEA;

Information regarding events or programs provided by or associated
with the Mississippi Bend AEA;

Information regarding staff member promotions, awards, and/or
accomplishments.

Document - Mississippi Bend AEA

Transcription

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