Policy 401.01: Equal Employment Opportunity	Status: APPROVED
Original Adopted Date: 10/11/2022 | Last Revised Date: | Last Reviewed Date: 12/11/2023

 

The Algona Community School District will provide equal opportunity to employees and applicants for employment in accordance with applicable equal employment opportunity and affirmative action laws, directives and regulations of federal, state and local governing bodies.  Opportunity to all employees and applicants for employment includes hiring, placement, promotion, 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 school district will take affirmative action in major job categories where women, men, minorities and persons with disabilities are underrepresented.  Employees will support and comply with the district's established equal employment opportunity and affirmative action policies.  Employees will be given notice of this policy annually.

The board will appoint an affirmative action coordinator.  The affirmative action coordinator will have the responsibility for drafting the affirmative action plan.  The affirmative action plan will be reviewed by the board at least every two years.

Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply.  In employing individuals, the board will consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, national origin, religion, age, sexual orientation, gender identity or disability.  In keeping with the law, the board will consider the veteran status of applicants.

Prior to a final offer of employment the school district will perform the background checks required by law.  Based upon the results of the background checks, the school district will determine whether an offer will be extended.  If the candidate is a teacher who has an initial license from the BOEE, then the requirement for a background check is waived. The district will perform repeat background checks on applicable employees as required by law. 

Advertisements and notices for vacancies within the district will contain the following statement:  "The Algona Community School District is an EEO/AA employer."  The statement will also appear on application forms.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Algona Community School District, Algona , Iowa 50511 ; or by telephoning 515-295-3528. 

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Equal Employment Opportunity Commissions, Milwaukee Area Office, Reuss Federal Plaza, 310 West Wisconsin Ave., Suite 800, Milwaukee, WI., 53203-2292, (800) 669-4000 or TTY (800) 669-6820. http://www.eeoc.gov/field/milwaukee/index.cfm or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or 1-800-457-4416, http://www.state.ia.us/government/crc/index.html.  This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

Further information and copies of the procedures for filing a complaint are available in the school district's central administrative office and the administrative office in each attendance center.
 

NOTE:  This is a mandatory policy and reflects the law.  The district must perform an initial background check on all employees 18 years of age and older. For some licensed employees, background checks must be performed every five years. 

 

Legal Reference:

29 U.S.C. §§ 621-634. 42 U.S.C. §§ 2000e et seq.  42 U.S.C. §§ 12101 et seq. Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8. 281 I.A.C. 12.4; 95.

 

 

I.C. Iowa Code	Description
Iowa Code  § 19B	Equal Opportunity and Affirmative Action
Iowa Code  § 20	Collective Bargaining
Iowa Code  § 216	Civil Rights Commission
Iowa Code  § 279.8	Directors - General Rules - Bonds of Employees
Iowa Code  § 35C	Veterans Preference
Iowa Code § 73	Preferences
I.A.C. Iowa Administrative Code	Description
281 I.A.C. 12.4	School Personnel
281 I.A.C. 95	EEO/AA
U.S.C. - United States Code	Description
29 U.S.C. §§ 621	Labor - Age Discrimination
42 U.S.C. § 12101	Public Health - Equal Opportunity - Disabilities
42 U.S.C. § 2000e	Public Health - EEO Civil Rights - Definitions

Cross References

Code	Description
102	Equal Educational Opportunity
102-R(1)	Equal Educational Opportunity - Grievance Procedure
102-EH(1)	Equal Educational Opportunity - Annual Notice of Nondiscrimination
102-EH(2)	Equal Educational Opportunity - Continuous Notice of Nondiscrimination
102-EH(3)	Equal Educational Opportunity - Notice of Section 504 Student and Parental Rights
102-E(4)	Equal Educational Opportunity - Discrimination Complaint Form
102-E(5)	Equal Educational Opportunity - Witness Disclosure Form
102-E(6)	Equal Educational Opportunity - Disposition of Complaint Form
104	Anti-Bullying/Harassment Policy
104-R(1)	Anti-Bullying/Harassment Policy - Investigation Procedures
104-E(1)	Anti-Bullying/Harassment Policy - Complaint Form
104-E(2)	Anti-Bullying/Harassment Policy - Witness Disclosure Form
104-E(3)	Anti-Bullying/Harassment Policy - Disposition of Complaint Form
405.02	Licensed Employee Qualifications, Recruitment, Selection
411.02	Classified Employee Qualifications, Recruitment, Selection

 

 

Employees' use of their position with the school district for financial gain is considered a conflict of interest with their position as employees and may subject employees to disciplinary action.

Employees have access to information and a captive audience that could award the employee personal or financial gain.  No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the superintendent.  If the approval of the superintendent is given, the employee must conduct the solicitations within the conditions set by the superintendent.  Further, the superintendent may, upon five days notice, require the employee to cease such solicitations as a condition of continued employment.

Employees will not act as an agent or dealer for the sale of textbooks or other school supply companies doing business with the school district.  Employees will not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents.  Employees will not engage in outside work or activities where the source of information concerning the customer, client or employer originates from information obtained because of the employee's position in the school district.

It will also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities.  In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest is 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 school district's time, facilities, equipment and supplies or the use of the school district's badge, uniform, business card or other evidences of office to give the employee or the employee'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 an employee who is employed by the school district.

2. The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district.

3. The outside employment or activity is subject to the official control, inspection, review, audit or enforcement authority of the employee during the performance of the employee's duties.

If the outside employment or activity is employment or activity in (1) or (2) above, the employee must cease the employment of or activity.  If the activity or employment falls under (3), then the employee 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.

When procurement is supported by Federal Child Nutrition funds, employees will not participate in the selection, award, or administration of a contract if there is a real or apparent conflict of interest in the contract.  Contract, for purposes of this paragraph, includes a contract where the employee, employee’s immediate family, partner, or a non-school district employer of these individuals is a party to the contract.

It is the responsibility of each employee to be aware of and take the necessary action to eliminate a potential conflict of interest should it arise.

 

 

Legal Reference:        
7 C.F.R. 3016.36(3)
Iowa Code §§ 20.7; 68B; 279.8; 301.28 (2013).

Approved:
October 11, 2021

 

More than one family member may be an employee of the school district.  It is the preference of the Board that one family member not directly supervise another family member, however, the Board understands that in some situations this may be necessary.  It is the responsibility of the superintendent to assign supervisory responsibilities.

The employment of more than one individual in a family is on the basis of their qualifications, credentials and records.

 

 

Legal Reference:        
Iowa Code §§ 20; 71; 277.27; 279.8 (2013).

Approved:
October 11, 2021

 

Complaints of employees against fellow employees should be discussed directly between employees.  If necessary, complaints will be brought directly to the immediate supervisor, principal or superintendent and will be made in a constructive and professional manner.  Complaints will never be made in the presence of other employees, students or outside persons.

A formal grievance procedure is contained in the master contract between the employee's bargaining units and the board.  This policy will not apply to a complaint that has been or could be filed at the employee's discretion under that formal grievance procedure.

 

 

Legal Reference:        
Iowa Code §§ 20.7, .9; 279.8 (2013).

Approved:
October 11, 2021

 

The school district will maintain personnel records on employees.  The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.

The records will include, but not be limited to, records necessary for the daily administration of the school district, salary records, evaluations, application for employment, references, and other items needed to carry out board policy.  Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility.  Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.

Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee.  The school district may charge a reasonable fee for each copy made.  Employees, however, will not be allowed access to the employment references written on behalf of the employee.  Board members will generally only have access to an employee's file when it is necessary because of an employee related matter before the board.

The board secretary is the custodian of employee records.

 

 

Legal Reference:        
Iowa Code chs. 20; 21; 22; 91B (2013).

Approved:
October 11, 2021

 

Employees traveling on behalf of the school district and performing approved school district business will be reimbursed for their actual and necessary expenses.  Actual and necessary travel expenses will include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses and registration costs.

 

Travel Outside the School District

Travel outside of the school district must be pre-approved.  Pre-approval will include an evaluation of the necessity of the travel, the reason for the travel and an estimate of the cost of the travel to qualify as approved school district business.  Travel outside the school district by employees, other than the superintendent, is approved by the superintendent.  Travel outside the district by the superintendent will be approved by the board president.

Reimbursement for actual and necessary expenses may be allowed for travel outside the school district if the employee received pre-approval for the travel.  Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed receipt, indicating the date, purpose and nature of the expense for each claim item.  In exceptional circumstances, the superintendent may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances is maintained as part of the school district's record of the claim.

Failure to have a detailed receipt will make the expense a personal expense.  Personal expenses, including mileage, in excess of that required for the trip are reimbursed by the employee to the school district no later than 10 working days following the date of the expense.

Reimbursement for actual and necessary expenses for travel outside the school district will be limited to the pre-approved expenses.  Pre-approved expenses for registration are limited to the actual cost of the registration.

Pre-approved expenses for transportation within three-hundred miles of the school district administrative office will be by automobile.  If a school district vehicle is not available, the employee will be reimbursed at the federal mileage rate per mile.  If a school district vehicle is available, the employee will be reimbursed at the federal rate to those employees submitting a log of their mileage. 

 

Travel Within the School District

Employees required to travel in their personal vehicle between school district buildings to carry out the duties of their position may be reimbursed at the federal rate.  It is the responsibility of the superintendent to approve travel within the school district by employees.  It is the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.  

Employees who are allowed an in-school district travel allowance will have the amount of the allowance actually received during each calendar year included on the employee's W-2 form as taxable income according to the Internal Revenue Code.

The superintendent is responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment of school district vehicles.  The administrative regulations will include the appropriate forms to be filed for reimbursement to the employee from the school district and the procedures for obtaining approval for travel outside of and within the school district.

Use of District-Owned Vehicles

Certain district employment positions may require regular and extensive travel.  Due to the required duties of these positions, the district may provide certain positions with use of district-owned vehicles.  Employees who utilize district-owned vehicles during the course of their job duties are fulfilling the public purpose of meeting the needs of the educational community in an efficient, and time-sensitive manner.  District-owned vehicles are purchased and maintained with public money and must be used strictly in accordance with fulfilling a public purpose.  These vehicles represent the district in carrying out its educational mission.  Therefore, district-owned vehicles will be clearly marked at all times to identify the district.  

The superintendent is responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment and proper use of school district vehicles.  The administrative regulations will include the appropriate forms to be filed for reimbursement to the employee from the school district and the procedures for obtaining approval for travel outside of and within the school district.

 

MEAL REIMBURSEMENT

Approved expenses for meals may be reimbursed at $50 per day with not one meal exceeding $25. Although the policy does not set a tip rate, 18% has been recognized as best practice. All meals require an itemized receipt and charge slip submitted with a Payment Request or Purchase Order submitted to the immediate supervisor for approval. If itemized receipts are not submitted, the expense will become a personal expense to the employee.

 

Legal Reference: Iowa Constitution, Art. III, § 31.

Iowa Code §§ 70A.9-.11 (2013).

1980 Op. Att'y Gen. 512.

 

Date of Adoption: August 11, 1975

Date of Review: September 11, 2023

 

  

The school district may maintain a school district credit card for actual and necessary expenses incurred by employees and officers in the performance of their duties.  Actual and necessary expenses incurred in the performance of work-related duties include, but are not limited to, fuel for school district transportation vehicles used for transporting students to and from school and for school-sponsored events, payment of claims related to professional development of the Board of Directors (Board) and employees, and other expenses required by employees and the Board in the performance of their duties.

Employees and officers using a school district credit card must submit a detailed receipt in addition to a credit card receipt indicating the date, purpose and nature of the expense for each claim item.  Failure to provide a proper receipt shall make the expense a personal expense.  Personal expenses shall be reimbursed to the school district no later than ten working days following use of the school district’s credit card.  In exceptional circumstances, the Superintendent of Schools (Superintendent) or Board may allow a claim without proper receipt.  Written documentation explaining the exceptional circumstances shall be maintained as part of the school district’s record of the claim.

It shall be the responsibility of the Superintendent to determine whether the school district credit card use is for appropriate school business.  It shall be the responsibility of the Board of Directors (Board) to determine through the audit and approval process of the Board whether the school district credit card use is for appropriate school business.

 

 

Legal References: 
(Code of Iowa)
Chapter 279.8, 279.29, 279.30 281 I.A.C. 12.3(1)

Date of Adoption:                                                      
March 14, 1994                                                          

Date of Review:
September 19, 2011
May 14, 2018

July 10, 2023 (CHANGE OF # FROM 803.3 to 401.10)

The District provides telephones to employees because communication is essential for the  performance of their duties, especially in times of emergency or when addressing safety issues.  In addition, the district provides a voice mail system which permits employees to receive and retrieve messages from locations outside of their offices.

The landline telephones provided by the district to employees are to be used primarily for school business.  Employees may use land line telephones for personal business, provided such personal use is limited in frequency and duration and does not interfere with the performance of an employee’s job.  Landline telephones are provided at district expense.  Employees are not charged for local calls but are charged for all personal long distance toll calls.

The use of cell phones and other communication devices may be appropriate to provide for the effective and efficient operation of the school district and to help ensure safety and security of people and property while on school district property or engaged in school‑sponsored activities.

 The Board authorizes the purchase and employee use of cell phones as deemed appropriate by the superintendent.  School district‑owned cell phones shall be used for authorized school district business purposes, consistent with the school district’s mission and goals.

Use of cell phones in violation of board policies, administrative regulations, and/or state/federal laws will result in discipline, up to and including dismissal, and referral to law enforcement officials, as appropriate.

Employees may possess and use cell phones during the school day as outlined in this policy and as provided in the administrative regulation developed by the superintendent.  Employees should not use cell phones for personal business while on-duty, including staff development times, parent-teacher conferences, etc., except in the case of an emergency or during prep time or break/lunch times.  Employees, except for bus drivers, see below, are prohibited from using cell phones while driving except in the case of an emergency and any such use must comply with applicable state and federal law and district policies and regulations.  

Cell phones are not to be used for conversations involving confidential student or employee information.  [School district-provided cell phones devices are not to be loaned to others.]

School bus drivers are prohibited from using any communication device while operating the bus except in the case of an emergency, or to call for assistance, after the vehicle has been stopped.  Any such use must comply with applicable state and federal law and district policies and regulations.

The Superintendent or his/her designee is authorized to review the use of the district cellular account and to revoke the privilege of using the district cellular account if it is determined that the cellular telephone is being used primarily for personal business or is being used in any other manner which is contrary to district policy.

 

 

Adopted:
February 8, 2010

Date of Review:
October 11, 2021

 

Changed to Policy 713 

2/12/2024

The board believes the district has an interest in maintaining an orderly and effective work environment while balancing employees First Amendment rights to freedom of expression and diverse viewpoints and beliefs.  When employees speak within their official capacity, their expression represents the district and may be regulated.  The First Amendment protects a public employee’s speech when the employee is speaking as an individual citizen on a matter of public concern.  Even so, employee expression that has an adverse impact on district operations and/or negatively impacts an employee’s ability to perform their job for the district may still result in disciplinary action up to and including termination.  Employee will comply with Iowa law to the extent that compliance does not infringe on employees' free speech rights.

Employees who use social media platforms are encouraged to remember that the school community may not be able to separate employees as private citizens, from their role within the district.  Employee expression on social media platforms that interferes with the district’s operations or prevents the district from functioning efficiently and effectively may be subject to discipline up to and including termination.

A district employee who acts to protect a student for engaging in free expression or who refuses to infringe on students engaging in free expression; and who is acting within the scope of their professional ethics will not be retaliated against or face any adverse employment action based on their behavior provided that expression is otherwise permitted by law and board policy.

If the board or court finds an employee that is subject to licensure, certification or authorization by the Board of Educational Examiners discriminated against a student or other co-employee, the board will refer the employee to the Board of Educational Examiners for additional proceedings as required by law and which may result in discipline up to and including termination.

 

Note:  This is a mandatory policy required by Iowa Code ch. 279.73.

 

Legal Reference: U.S. Const. Amend. I

Iowa Code §§ 279.73; 280.22

 

Cross Reference: 502.3 Student Expression

504.3 Student Publications

 

Date of Review:

November 14, 2022