401 - Employees and Internal Relations
401 - Employees and Internal Relations dawn.gibson.cm… Tue, 12/05/2023 - 10:41401.1 - Equal Employment Opportunity
401.1 - Equal Employment OpportunityThe Janesville Consolidated 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 shall consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, national origin, religion, age, sexual orientation, gender, 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.
Advertisements and notices for vacancies within the district will contain the following statement: "The Janesville Consolidated School District is an equal employment opportunity/affirmative action 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, Janesville Consolidated School District, 505 Barrick Road, Janesville, Iowa 50647; or by telephoning 319-987-2581.
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 Director of the Region VII office of Civil Rights, U.S. Department of Education, 310 W. Wisconsin Ave., Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111 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.
Legal Reference: 29 U.S.C. §§ 621-634 (2004).
42 U.S.C. §§ 2000e et seq. (2004).
42 U.S.C. §§ 12101 et seq. (2004).
Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8; 692.2; 692.2A; 692.2(5); 235A.15; 235A.6e(9) (2007).
281 I.A.C. 12.4; 95.
28 I.A.C. 14.1.
Cross Reference: 102 Equal Educational Opportunity
104 Bullying/Harassment
405.2 Licensed Employee Qualifications, Recruitment,
Selection
411.2 Classified Employee Qualifications, Recruitment,
Selection
Approved 07/10/89 Reviewed 10/15/23 Revised 10/15/23
401.2 - Employee Conflict of Interest
401.2 - Employee Conflict of InterestEmployees' use of their position with the school district for financial gain shall be 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 shall not act as an agent or dealer for the sale of textbooks or other school supplies. Employees shall 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 shall 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 shall 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 shall be deemed to exist shall 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.
It shall be 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: Iowa Code §§ 20.7; 68B; 279.8; 301.28 (1995).
Cross Reference: 203 Board of Directors' Conflict of Interest
402.4 Gifts to Employees
402.6 Employee Outside Employment
Approved 09/11/95
Reviewed 10/18/21
Revised
401.3 - Nepotism
401.3 - NepotismMore than one family member may be an employee of the school district. It shall be 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 by the board of more than one individual in a family shall be on the basis of their qualifications, credentials and records.
Legal Reference: Iowa Code §§ 20; 71; 277.27; 279.8 (1995).
Cross Reference: 405.2 Licensed Employee Qualifications, Recruitment Selection
411.2 Classified Employee Qualifications, Recruitment Selection
Approved 09/11/95
Reviewed 10/18/21
Revised
401.4 - Employee Complaints
401.4 - Employee ComplaintsComplaints of employees against fellow employees should be discussed directly between employees. If necessary, complaints shall be brought directly to the immediate supervisor, principal or superintendent and shall be made in a constructive and professional manner. Complaints shall 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 licensed bargaining unit and the board. This policy shall 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 (1995).
Cross Reference: 307 Communication Channels
Approved 09/11/95
Reviewed 10/18/21
Revised
401.5 - Employee Records
401.5 - Employee RecordsThe school district shall 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 shall 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 except the total amount charged for all copies cannot exceed $5.00. However, employees 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 shall be the responsibility of the superintendent to keep employees' personnel files current. The board secretary shall be the custodian of employee records.
It shall be the responsibility of the superintendent to develop administrative regulations for the implementation of this policy.
Legal Reference: Iowa Code chs. 20; 21; 22; 91B (1995).
Cross Reference: 402.1 Release of Credit Information
403 Employees' Health and Well-Being
708 Care, Maintenance and Disposal of School District Records
Approved 07/10/89
Reviewed 10/18/21
Revised 11/11/13
401.5R1 - Employee Records Regulation
401.5R1 - Employee Records RegulationEmployee Personnel Records Content
1. Employee personnel records may contain the following information:
- Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.
- Individual employment contract.
- Evaluations.
- Application, resume and references.
- Salary information.
- Copy of the employee's license or certificate, if needed for the position.
- Educational transcripts.
- Assignment.
- Records of disciplinary matters.
2. 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:
- Medical professional signed physical form.
- Sick or long-term disability leave days.
- Worker's compensation claims.
- Reasonable accommodation made by the school district to accommodate the employee's disability.
- Employee's medical history.
- Employee emergency names and numbers.
- Family and medical leave request forms.
3. The following are considered public personnel records available for inspection:
- The name and compensation of the individual, including any written agreement establishing compensation or any other terms of employment, except for that information that is otherwise protected. “Compensation” includes the value of benefits conferred including, but not limited to: casualty, disability, life or health insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments, retirement benefits and deferred compensation;
- The dates the individual was employed by the government body;
- The positions the individual holds or has held with the government body;
- The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual’s previous employers, positions previously held and dates of previous employment;
- The fact that the individual was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal and statutory remedies; and,
- Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to the Family Educational Privacy Rights Act (FERPA.)
Applicant File Records Content
Records on applicants for positions with the school district are maintained in the central administration office. The records will include, but not be limited to:
- Application for employment.
- Resume.
- References.
- Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.
- Affirmative action form, if submitted.
Record Access
Only authorized school officials will have access to an employee's records without the written consent of the employee. Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary. In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical file without the consent of the employee. Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of board business.
Employee Record Retention
All employee records, except payroll and salary records are maintained for a minimum of one year after termination of employment with the district. Applicant records are maintained for a minimum of one year after the position was filled. Payroll and salary records are maintained for a minimum of three years after payment.
Legal Reference: Iowa Code chs. 285; 321 (1995).
Cross Reference: 401.7 Employee Travel Compensation
711 Transportation
904.1 Transporting of Students in Private Vehicles
Approved 07/10/89
Reviewed 10/18/21
Revised11/11/13
401.6 - Transporting of Students by Employees
401.6 - Transporting of Students by EmployeesGenerally, transportation of students shall be in a motor vehicle owned by the school district and driven by an employee. In some cases, it may be more economical or efficient for the school district to allow an employee of the school district to transport the students in the employee's motor vehicle.
Employees who transport students for school purposes must have the permission of the superintendent.
This policy statement applies to transportation of students for school purposes in addition to the regular bus route transporting students to and from their designated attendance center.
Legal Reference: Iowa Code chs. 285; 321 (1995).
Cross Reference: 401.7 Employee Travel Compensation
711 Transportation
904.1 Transporting of Students in Private Vehicles
Approved 07/10/89
Reviewed 10/18/21
Revised 09/11/95
401.7 - Employee Travel Compensation
401.7 - Employee Travel CompensationEmployees 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 shall 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 shall 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, shall be approved by the superintendent.
Reimbursement for actual and necessary expenses will 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, other than a credit card 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 shall be maintained as part of the school district's record of the claim.
Failure to have a detailed receipt shall make the expense a personal expense. Personal expenses, including mileage, in excess of that required for the trip shall be 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 shall be limited to the actual cost of the registration.
Pre-approved expenses for transportation within three-hundred miles of the school district administrative office shall be by automobile. If a school district vehicle is not available, the employee will be reimbursed 39 cents per mile. 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 shall be at the tourist class fares. Should an employee choose to travel by automobile, reimbursement shall 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.
Pre-approved expense for lodging limited to the rate of a medium priced hotel in the area. Lodging may be pre-approved for a larger amount if special circumstances require the employee to stay at a particular hotel. Pre-approved expenses for meals are limited to $35 per day or $5 Breakfast, $13 Lunch, $17 Dinner . Meals may be pre-approved for a larger amount by the board.
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 39 cents per mile. It shall be the responsibility of the superintendent to approve travel within the school district by employees. It shall be 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 shall 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 shall be responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances and assignment of school district vehicles. The administrative regulations shall 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 (1995).
1980 Op. Att'y Gen. 512.
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
Approved 07/10/89
Reviewed 10/18/21
Revised 2/9/15
401.8 - Recognition for Service of Employees
401.8 - Recognition for Service of EmployeesThe 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 shall seek prior approval from the board.
Legal Reference: Iowa Const. Art. III, § 31.
Iowa Code § 279.8 (1995).
1980 Op. Att'y Gen. 102.
Cross Reference: 407 Licensed Employee Termination of Employment
413 Classified Employee Termination of Employment
Approved 07/10/89
Reviewed 10/18/21
Revised 09/11/95
401.9 - Employee Political Activity
401.9 - Employee Political ActivityEmployees shall not engage in political activity upon property under the jurisdiction of the board. 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, 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 (1995).
Cross Reference: 409.5 Licensed Employee Political Leave
414.5 Classified Employee Political Leave
Approved 09/11/95
Reviewed 10/18/21
Revised
401.10 - Credit Cards
401.10 - Credit CardsEmployees may use school district credit cards for the actual and necessary expenses incurred in the performance of work-related 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 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 employee responsible for expenses incurred. Those 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 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.
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. The superintendent may maintain a school district credit card for actual and necessary expenses incurred in the performance of the superintendent's duties. The transportation director may maintain a school district credit card for fueling school district transportation vehicles in accordance with board policy.
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 to determine through the audit and approval process of the board whether the school district credit card use by the superintendent and the board is for appropriate school business.
The superintendent shall be responsible for developing administrative regulations regarding actual and necessary expenses and use of a school district credit card. The administrative regulations shall include the appropriate forms to be filed for obtaining a credit card.
Legal Reference: Iowa Constitution, Art. III, § 31.
Iowa Code §§ 279.8, .29, .30 (1995).
281 I.A.C. 12.3(1).
Cross Reference: 216.3 Board of Directors' Member Compensation and Expenses
401.7 Employee Travel Compensation
Approved 12/13/93
Reviewed 10/18/21
Revised 09/11/95
401.11 - Employee Orientation
401.11 - Employee OrientationEmployees 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 Board Secretary. Regular employee’s 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 (1995).
191 I.A.C. 74
Cross Reference: 404 Employee Conduct and Appearance
406 Licensed Employee Compensation and Benefits
412 Classified Employee Compensation and Benefits
Approved 09/11/95
Reviewed 10/18/21
Revised____________
401.13 - Staff Technology Use/Social Networking
401.13 - Staff Technology Use/Social NetworkingComputers are a powerful and valuable education and research tool and, as such, are an important part of the instructional program. In addition, the school district depends upon computers as an integral part of administering and managing the schools’ resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies and materials. This policy outlines the board’s expectations in regard to these different aspects of the school district’s computer resources. Employees must conduct themselves in a manner that does not disrupt from or disrupt the educational process and failure to do so will result in discipline, up to and including, discharge.
General Provisions
The superintendent is responsible for designating a technology coordinator who will oversee the use of school district computer resources. The technology coordinator will prepare in-service programs for the training and development of school district staff in computer skills, appropriate use of computers and for the incorporation of computer use in subject areas.
The superintendent, working with appropriate staff, shall establish regulations governing the use and security of the school district’s computer resources. The school district will make every reasonable effort to maintain the security of the system. All users of the school district’s computer resources, including students, staff and volunteers, shall comply with this policy and regulation, as well as others impacting the use of school equipment and facilities. Failure to comply may result in disciplinary action, up to and including discharge, as well as suspension and/or revocation of computer access privileges.
Usage of the school district’s computer resources is a privilege, not a right, and that use entails responsibility. All information on the school district’s computer system is considered a public record. Whether there is an exception to keep some narrow, specific content within the information confidential is determined on a case by case basis. Therefore, users of the school district’s computer network must not expect, nor does the school district guarantee, privacy for e-mail or use of the school district’s computer network including web sites visited. The school district reserves the right to access and view any material stored on school district equipment or any material used in conjunction with the school district’s computer network.
The superintendent, working with the appropriate staff, shall establish procedures governing management of computer records in order to exercise appropriate control over computer records, including financial, personnel and student information. The procedures will address:
- passwords,
- system administration,
- separation of duties,
- remote access,
- data back-up (including archiving of e-mail),
- record retention, and
- disaster recovery plans.
Social Networking or Other External Web Sites
For purposes of this policy any web site, other than the school district web site or school-school district sanctioned web sites, are considered external web sites. Employees shall not post confidential or proprietary information, including photographic images, about the school district, its employees, students, agents or others on any external web site without consent of the superintendent. The employee shall adhere to all applicable privacy and confidentiality policies adopted by the school district when on external web sites. Employees shall not use the school district logos, images, iconography, etc. on external web sites. Employees shall not use school district time or property on external sites that are not in direct-relation to the employee’s job. Employees, students and volunteers need to realize that the Internet is not a closed system and anything posted on an external site may be viewed by others, all over the world. Employees, students and volunteers who don’t want school administrators to know their personal information, should refrain from exposing it on the Internet. Employees, who would like to start a social media site for school district sanctioned activities, should contact the superintendent.
It is the responsibility of the superintendent to develop administrative regulations implementing this policy.
Legal Reference: Iowa Code § 279.8 (2011).
281 I.A.C. 13.35, .26
Cross Reference: 104 Anti-Bullying/Harassment
306 Administrator Code of Ethics
401.11 Employee Orientation
407 Licensed Employee Termination of Employment
413 Classified Employee Termination of Employment
605 Instructional Materials
Approved
Reviewed 10/18/21
Revised 12/10/13
401.14 - Employee Expression
401.14 - Employee ExpressionThe 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 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
Iowa Code §§ 279.73; 280.22
Cross Reference: 502.3 Student Expression
504.3 Student Publications
Approved 10/18/21
Reviewed
Revised