The Clarinda 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 required by law.

Advertisements and notices for vacancies within the district will contain the following statement:  "The Clarinda 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, Clarinda Community School District,  423 E. Nodaway Street/PO Box 59, Clarinda, Iowa 51632; or by telephoning (712) 542-5165. 

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. 14^th 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.

 

 

 

 

 

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; 14.1; 95.

Cross Reference: 102      Equal Educational Opportunity
                                      104      Bullying/Harassment
                                      405.2   Licensed Employee Qualifications, Recruitment, Selection
                                      411.2   Classified Employee Qualifications, Recruitment, Selection

Initially Approved   03-12-2001                    
Last Reviewed   01-10-2023                    
Last Revision 01-10-2023

 

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.

Cross Reference: 203      Board of Directors' Conflict of Interest
                                      402.4   Gifts to Employees
                                      402.7   Employee Outside Employment
                                      404      Employee Conduct and Appearance

Initially Approved   03-12-2001                    
Last Reviewed   12-22-2021                    
Last Revision 07-08-2020                  

 

More than one family member may be an employee of the school district.  It is within the discretion of the superintendent to allow one family member employed by the school district to supervise another family member employed by the school district subject to the approval of the board.

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.

Cross Reference: 405.2   Licensed Employee Qualifications, Recruitment Selection
                                      411.2   Classified Employee Qualifications, Recruitment Selection

Initially Approved   03-12-2001                       
Last Reviewed   12-22-2021                             
Last Revision                              

 

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.

If the complaint cannot be resolved, the employee may discuss the matter with their immediate supervisor. If the matter cannot be resolved within 5 days of speaking with the immediate supervisor (if the immediate supervisor is not the principal), the employee may discuss it with the principal within 10 days of the supervisor’s decision. If the matter cannot be resolved by the principal, the employee may discuss it with the superintendent within 15 days after speaking with the principal.

If the matter is not satisfactorily resolved by the superintendent, the employee may ask to have the matter placed on the board agenda of a regularly scheduled board meeting in compliance with board policy. The board retains discretion as to whether to consider or take action on any complaint.

This policy is designed to create an appropriate process for pursuing general employee complaints. However, employees wishing to address a complaint on a topic with a more specialized procedure such as master agreement, employee handbook or other board policies specific to that topic.

 

Legal Reference: Iowa Code §§ 20; 279.8.

Cross Reference: 307      Communication Channels

Initially Approved   03-12-2001                       
Last Reviewed   12-22-2021                            
Last Revision     12-22-2021

 

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.

It is the responsibility of the superintendent to keep employees' personnel files current.  The board secretary is the custodian of employee records.

It is the responsibility of the superintendent to develop administrative regulations for the implementation of this policy.

 

 

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

Cross Reference: 402.1   Release of Credit Information
                                      403      Employees' Health and Well-Being
                                      708      Care, Maintenance and Disposal of School District Records

Initially Approved   03-12-2001                       
Last Reviewed   12-22-2021                             
Last Revision                              

 

The district believes in taking appropriate measures to promote the health and welfare of all students.  Any school employee, contractor, or agent shall not assist another school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law. 

This limitation does not apply if the matter has been properly reported to law enforcement and any other regulatory authorities required by law, and either:

• the matter has been officially closed by the law enforcement agency;
• the individual is acquitted or otherwise exonerated of the alleged misconduct; or
• more than four years has passed since the case was opened, and no charges or indictment have been filed.

 

 

Legal References:     20 U.S.C. §7926
                                           281 I.A.C. 12.3(14)

 

Cross References:    401.5 Employee Records
                                      402.2 Child Abuse Reporting
                                      402.3 Abuse of Students by School District Employees
                                      405.2 Licensed Employee Qualifications, Recruitment, Selection
                                      411.2 Classified Employee Qualifications, Recruitment, Selection

Initially Approved   03-12-2001                       
Last Reviewed   12-22-2021                          
Last Revision    12-22-2021   

 

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 or an immediate supervisor.  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, itemized 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 mileage at the district standard mileage rate of $0.655 a mile.  Travel to/from home and work is never a reimbursable travel expense.  [Pre-approved expenses for transportation outside of three-hundred miles of the school district administrative office may be by public carrier.  Reimbursement for air travel will be at the tourist class fares.  Should an employee choose to travel by automobile, reimbursement will be limited to the public carrier amount.  Pre-approved expenses for transportation in a rental car is limited to the cost of a Class "C" rental car at a medium-priced agency unless the number of people traveling on behalf of the school district warrants a larger vehicle.].  Travel costs for a spouse or anyone other than the district employee shall be a personal expense not reimbursed by the district.

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 $.50 for a one-way trip and $1.00 for a round trip.  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.

Travel allowances within the district will be provided only after board approval. Employees who are allowed a within 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.

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.

 

 

 

 

Legal Reference: Iowa Constitution, Art. III, § 31.
                                      Iowa Code §§ 70A.9-.11.

Cross Reference: 216.3   Board of Directors' Member Compensation and Expenses
                                      401.6   Transporting of Students by Employees
                                      401.10 Credit Cards
                                      904.1   Transporting Students in Private Vehicles

Initially Approved   03-12-2001                        
Last Reviewed   12-06-2023                          
Last Revision  12-06-2023 

 

The board recognizes and appreciates the service of its employees.  Employees who retire or resign may be honored by the board, administration and staff in an appropriate manner.

If the form of honor thought appropriate by the administration and employees involves unusual expense to the school district, the superintendent will seek prior approval from the board.

 

 

Legal Reference: Iowa Const. Art. III, § 31.
                                      Iowa Code § 279.8.

Cross Reference: 407      Licensed Employee Termination of Employment
                                      413      Classified Employee Termination of Employment

Initially Approved   03-12-2001                       
Last Reviewed   12-22-2021                             
Last Revision 02-23-2004

 

Employees will not engage in political activity upon property under the jurisdiction of the board including the use of school district e-mail accounts.  Activities including, but not limited to, posting of political circulars or petitions, the distribution of political circulars or petitions, the collection of or solicitation for campaign funds, solicitation for campaign workers, general information regarding elections or ballot issues and the use of students for writing or addressing political materials, or the distribution of such materials to or by students are specifically prohibited.

Violation of this policy may be grounds for disciplinary action.

 

 

Legal Reference: Iowa Code §§ 55; 279.8.

Cross Reference: 409.5   Licensed Employee Political Leave
                                      414.5   Classified Employee Political Leave

Initially Approved   03-12-2001                       
Last Reviewed   12-22-2021                             
Last Revision   07-08-2020

 

 

 

Employees must know their role and duties.  New employees may be required to participate in an orientation program for new employees.  The employee's immediate supervisor should provide the new employee with a review of the employee's responsibilities and duties.  Payroll procedures and employee benefit programs and accompanying forms will be explained to the employee by the superintendent or his designee.  Regular employees ineligible for the school district's group health plan will be given information regarding where they can obtain health care or health care insurance.

 

 

Legal Reference: Iowa Code §§ 20; 279.8.
                                      191 I.A.C. 74. 

Cross Reference: 404      Employee Conduct and Appearance
                                      406      Licensed Employee Compensation and Benefits
                                      412      Classified Employee Compensation and Benefits

Initially Approved   03-12-2001                       
Last Reviewed   12-22-2021                            
Last Revision                              

 

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. Personal use of cell phones is prohibited except in emergency situations. Any expenses incurred for such personal use shall be reimbursed to the school district.

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.

The superintendent is directed to develop administrative regulations for the implementation of this policy, including a uniform and controlled system for identifying employee cell phone needs, monitoring use and reimbursement.  Provisions may also be included for staff use of privately owned cell phone for authorized school district business.

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.

Employees violating the policy will be subject to discipline, up to and including, discharge.  It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

 

 

Legal References: Internal Revenue Comment Notice, 2009-46,
                                     http://www.irs.gov/irb/2009-23_IRB/ar07.html
                                     Iowa Code § 279.8, 321.276

Cross References: 406      Licensed Employee Compensation and Benefits
                                      412      Classified Employee Compensation and Benefits
                                      707.5   Internal Controls

Initially Approved  01/17/2011                      
Last Reviewed _12-22-2021                         
Last Revision    07-10-2019

 

The board believes the district has an interest in maintaining an orderly and effective work environment while balancing employees First Amendment rights to freedom of expression and diverse viewpoints and beliefs.  When employees speak within their official capacity, their expression represents the district and may be regulated.  The First Amendment protects a public employee’s speech when the employee is speaking as an individual citizen on a matter of public concern.  Even so, employee expression that has an adverse impact on district operations and/or negatively impacts an employee’s ability to perform their job for the district may still result in disciplinary action up to and including termination.

Employees will comply with Iowa law to the extent that compliance does not infringe on employee’ 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.

 

 

 

 

 

Legal Reference:           U.S. Const. Amend. I
                                 Kennedy v. Bremerton School District, 597 U.S. (2022)
                                    Iowa Code §§ 279.73; 280.22

 

Cross Reference:        401.13 Staff Technology Use/Social Networking
                                    4013.13R1 Staff Technology Use/Social Networking - Regulation
                                    502.3   Student Expression
                                    502.3R1 Student Expression and Student Publication Code - Regulation

 

Initially Approved  09-22-2021        
Last Reviewed  10-26-2022      
Last Revision  10-26-2022