401 Equal Employment Opportunity

401.01 Equal Employment Opportunity

The Spirit Lake Community School District will provide equal opportunity to all 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. Opportunities 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 polices. Employees will be given notice of this policy annually.

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 school district personnel, 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, 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. The district may determine on a case-by-case basis that, based on the duties, other positions within the district will also require background checks. 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 repeated background checks on applicable employees as required by law.

Advertisements and notices for vacancies within the district will contain the following statement: "The Spirit Lake Community School District is an Equal Employment Opportunity/Affirmative Action employer." The statement will also appear on application forms.

Employees or applicants for employment having inquiries 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:

Affirmative Action Coordinator,

Spirit Lake Community School District,

2701 Hill Avenue

Spirit Lake, Iowa 51360

Telephone Number: 712-336-2820.

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 Wisconisin 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, 6200 Park Avenue, Suite 100, Des Moines, IA, 50321-1270, (515) 281-4121 or (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's district office.

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Approved: 6/12/89

Reviewed: 2/9/09

Revised: 4/8/13; 10/14/19; 10/9/23; 6/9/25

401.02 Employee Conflict of Interest

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. Activities that are related to student/athlete instruction would be exempt.

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 equipment 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 system.

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:

  1. Cease the outside employment or activity; or

  2. 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.

 

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Approved: 8/9/93

Reviewed:

Revised: 2/9/09; 4/8/13; 1/9/17; 10/14/19; 6/9/25

401.03 Nepotism

Nepotism is patronage bestowed or favoritism shown on the basis of family relationship. More than one family member may be an employee of the school district. The decision to employ more than one individual in a family shall be made on the basis of each individual’s qualifications, credentials and record.

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. No school district employee shall attempt to influence the evaluation or conditions of employment of the employee’s family member with anyone who serves in a supervisory capacity over that family member.

Family members for purposes of this policy include husbands, wives, mothers, fathers, mothers- in-law, fathers-in-law, sisters, brothers, sisters-in-law, brothers-in-law, daughters, sons, daughters-in-law, and sons-in-law.

 

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Approved: 12/8/08

Reviewed: 10/14/19

Revised:2/9/09; 4/8.13; 6/9/25

401.04 Employee Complaints

Complaints of employees against fellow employees should be discussed directly between employees as appropriate for the nature of the complaint. Complaints should be made in a constructive and professional manner. Reasonable efforts will be made to make sure complaints will not 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 by speaking with the immediate supervisor, the employee may discuss it with the principal within 5 days of the supervisor's decision.  If the matter cannot be resolved by the principal, the employee may discuss it with the superintendent within 10 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 contract grievances, or bullying or harassment claims should follow the appropriate process set forth in the master contract, employee handbook or other board policies specific to that topic.

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Approved: 11/14/67

Reviewed: 2/9/09; 10/14/19

Revised: 4/8/13; 6/9/25

401.05 Employee Records

The school district may 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, discipline records, evaluations, application for employment, references, and other items needed to carry out board policy. 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 shall be the responsibility of the superintendent to keep employees' personnel files current. The board secretary is the custodian of employee personnel files and all other employee records.

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

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Approved: 11/14/67

Reviewed: 2/9/09; 10/14/19

Revised: 4/8/13,6/9/25

401.05R1 Employee Records Regulation

Employee Personnel Records Content

1.       Employee personnel records may contain, but are not limited to, the following information:  

  • Personal information including, but not limited to, name, address, telephone number,  emergency numbers, birth date and spouse;

  • Application, resume and references, except those that shall be kept confidential according to state and federal law;

  • Educational transcripts;

  • Copy of the employee's license or certificate, if needed for the position;

  • Individual employment contract;

  • Job description and/or assignment;

  • Salary information;

  • Tax documents, including, but not limited to IRS Form W-4;

  • Written attendance records;

  • Evaluation documents;

  • Complaints;

  • Performance improvement plans;

  • Documents concerning any raise, promotion, pay decrease or demotion;

  • Records of disciplinary matters;

  • Receipts and/or acknowledgements of any employee-related material, including policies and handbooks;

  • Letters of termination and/or resignation;

  • Documentation relating to an employee’s unemployment benefits; and

  • Documentation relating to an employee’s employment ceasing.

2.        Employee health and medical records, which are kept in a file separate from the employee's personnel records, may contain, but are not limited to, the following:

  • Employee's medical history, including, but not limited to, medical records and/or notes;

  • Employee’s emergency names and numbers;

  • Medical professional signed physical form;

  • Sick or long-term disability leave days;

  • Family and medical leave request forms;

  • Worker's compensation claims;

  • Reasonable accommodation made by the District to accommodate the employee's disability.

Employee immigration forms, specifically Form I-9, are kept separate from employee personnel records, and may be kept in a file that houses all employees’ immigration forms for the U.S. Citizenship and Immigration Services.

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 resigned in lieu of termination, was discharged, or was demoted as a result of a disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion.  “Demoted” or “demotion” mean a change of an employee from a position in a given classification to a position in a classification having a lower pay grade; 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 for Employment Records

Records on applicants for positions with the school district are maintained in the central administration office, may contain, but are not limited to the following information:

  • Application for employment;

  • Resume;

  • References, except those that shall be kept confidential according to state and federal law;

  • 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 seven (7) years after termination of employment with the district. Applicant records are maintained for a minimum of three (3) years after the position was filled. Payroll and salary records are maintained for a minimum of three (3) years after payment.

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Approved: 11/14/67

Reviewed: 10/14/19

Revised: 2/9/09; 4/8/13, 6/9/25 

401.06 Limitations to Employment References

The district believes in taking appropriate measures to promote the health and welfare of all students.  Any school employee, volunteer, contractor, or agent shall not assist another school employee, volunteer, 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, volunteer, or agent engaged in sexual misconduct regarding a minor or student in violation of the law.  Sexual misconduct means physical or sexual abuse of students, including but not limited to sexual or physical relationships, grooming behavior, and otherwise inappropriate relationships with students.

 

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.

 

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Approved: 6/9/25                       Reviewed:                                 Revised:

 

401.07 Employee Travel Compensation

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 verbally pre-approved by the employee’s supervisor. 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.

Reimbursement for actual and necessary expenses will be allowed for travel outside the school district if the employee received pre-approval for the travel. Reimbursement for actual and necessary expenses for travel outside the school district will be limited to the pre-approved expenses. 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.

Pre-approved expenses for transportation within three-hundred (300) miles of the school district administrative office will be by automobile. If a school district vehicle is not available, the employee will be reimbursed 50 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 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.

Pre-approved expenses for meals are limited to $35 per day.

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.

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 Internal Revenue Service standard mileage 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.

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.

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Approved:  6/13/74                    Reviewed:  8/10/15                         Revised:  2/9/09; 4/8/13, 5/13/13, 8/10/15, 6/9/25

 

401.08 Recognition for Service of Employees

The district and the board recognize and appreciate 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.

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Approved: 2/9/09

Reviewed: 10/14/19

Revised: 4/8/13, 6/9/25

 

401.09 Employee Political Activity

Employees will not engage in political activity upon property under the jurisdiction of the board,  including the use of school district email 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 uses, 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, up to and including termination.

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Approved: 9/9/69                          Reviewed: 10/14/19                               Revised: 2/9/09, 4/8/13, 6/9/25

401.10 Employee Use of Credit Cards

The Spirit Lake Community School District’s Board of Directors will determine whether the District will obtain and make available credit cards for the use by its employees and/or officers. If the Board determines that the District will obtain credit cards, the Board, upon the joint recommendation of the Superintendent and the Co-Directors of Business and Finance, will establish reasonable credit limits for each purchase, transaction, card and/or account.

District credit cards will be issued and/or made available to employees and/or officers only for the time period and purpose for which they are needed. The District’s administration, in consultation with the Board, will determine which employees and/or officers will be issued and/or provided use of District credit cards and the time period that they are needed. Prior to issuing and/or providing use of a District credit card to an employee and/or officer, the employee and/or officer will be instructed and trained regarding the use of District credit cards and they will provide a written acknowledgement that they understand their responsibilities in regard to the use of District credit cards. Employees and/or officers will turn District issued and/or provided credit cards back to the District at the end of the time period for which they have been issued and/or provided or upon separation of employment. Use of District issued credit cards is a privilege and the Superintendent may withdraw the privilege of using District issued credit cards at any time.

District credit cards will be used for the actual and necessary expenses incurred by the employee and/or officer 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 the District transportation vehicles used for transporting students to and from school and for school- sponsored events, professional development of the employees and/or officers, and other expenses required by employees and/or officers in the performance of their duties.

District issued and/or provided credit cards may be used only for business purposes; only in conjunction with the employee’s or officer’s duties; and only in accordance with District policy and the law. The District will not regard expenses for one's own business-related use, such as lodging and meals while on approved business trips, as personal purchases/transactions, as long as such expenses are consistent with the District’s travel and expense reimbursement policies, rules, and/or regulations. Any personal expenses which could and should be segregated from allowable business expense will be segregated from allowable business expense. The employee or officer will be responsible for payment or reimbursement of any personal expenses which could and should be segregated from allowable business expenses, regardless of whether the personal expenses were segregated or were not segregated.

Original itemized receipts for each purchase/transaction that document the purpose for which the card was used and who used the card will be required for all purchases/transactions. All documentation regarding any purchases/ transactions will be required to be turned into the District’s business office within five (5) business days of the purchase/transaction.

The District will review and reconcile District credit card statements and purchases/transactions on a monthly basis and will verify that any items that were purchased were actually received. The District will take action to follow up on any identified discrepancies in a timely manner. No employee or officer will be allowed to review and approve their own purchases/transactions. All credit card balances will be paid in full on a monthly basis.

If an employee or officer loses a District issued credit card or has a District issued credit card stolen, the employee or officer must report the loss or theft of the credit card to the District immediately. Upon report of a lost or stolen credit card, the District will notify the issuer of the card of the loss or theft and cancel the card.

If an employee or officer uses a District issued credit card for personal purchases/transactions in violation of this policy, the cost of such purchases/transactions will be the financial responsibility of that employee or officer and the employee or officer will be expected to reimburse the District for the full amount of the unauthorized purchase/transaction. In addition to financial responsibility for any purchases/transactions an employee makes with a company credit card in violation of this policy, such actions may result in revocation of card privileges and/or disciplinary or other legal action, depending upon the severity and nature of the offense.

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Approved: 2/12/96

 Reviewed:

Revised: 2/9/09, 4/8/13; 10/14/19; 6/9/25

401.11 Employee Use of Cell Phones

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.

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 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. 
Certain positions within the district may require the regular use of cell phones to conduct district business.  These employees may purchase and/or maintain cell phones and related equipment, at their own expense, to make themselves accessible to the district and to conduct district business more efficiently.  The superintendent has discretion to determine which district positions qualify for a cell phone allowance.  The monthly cell phone allowance amount shall be established by the superintendent.  Employees who utilize their personal cell phones shall do so in accordance with this policy and accompanying procedures.  The cell phone allowance is neither permanent nor guaranteed.  The district reserves the right to rescind the allowance at any time for a violation of district policy or regulation or for any other reason.   

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.
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Approved:  6/9/25                             Reviewed:                               Revised:

 

401.11R1 Employee Use of Cell Phone - Regulation

Cell Phone Usage

  1. Cell phones shall be used in a manner that does not disrupt instruction and should not be used during school-sponsored programs, meetings, in-services, or other events where there exists a reasonable expectation of quiet attentiveness unless there is a reason of personal health or safety involved.

  2. Cell phones should not be used to transmit confidential student or personal information either verbally or written. 

  3. Employees are prohibited from using a cell phone while driving as part of their work duties, unless in the case of an emergency, unless the vehicle has come to a complete stop and the gear is in park. 
     

Cell Phone Business Procedures

School district employees may be reimbursed for use of privately owned cell phones to conduct school district business in accordance with board policy and this regulation, with prior approval of the superintendent.

  • Requests for reimbursement for authorized use of employee owned cell phones are to be submitted on school district provided forms accompanied by a copy of the billing statement with the school district business related calls highlighted. A notation for each highlighted entry, indicating the nature of the call is required.  The employee’s immediate supervisor must sign-off on the billing statement verifying the calls were school district business related.  School district reimbursement for authorized use of employee owned cell phones will be made in conformance with school district payment procedures.  Requests for reimbursement, including the highlighted billing statement must be submitted within thirty (30) days of the end of the time period for which reimbursement is requested.  Requests submitted after the reimbursement deadline has passed will be denied.

 

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Approved:  6/9/25                             Reviewed:                                   Revised:

 

401.12 Employee Expression

The board believes the district has an interest in maintaining an orderly and effective work environment while balancing employee’s 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 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 Bureau of Educational Examiners discriminated against a student or other co-employee, the board will refer the employee to the Bureau of Educational Examiners for additional proceedings as required by law and which may result in discipline up to and including termination.

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Approved:  6/9/25                              Reviewed:                                   Revised:

 

401.13 Background Checks On Employees

The Board believes in hiring and using quality employees and supports appropriate background checks for all employees to promote staff and student safety. Therefore, the Board authorizes the superintendent to access and review specific information for each applicant for employment and every current employee pursuant to this policy.

Applicants for Employment

For every applicant for employment with the District, the superintendent shall access and review certain background information for the applicant prior to hiring the applicant. The superintendent shall access and review background information regarding the applicant from the following sources:

(1) the Iowa court information system available to the general public;

(2) the sex offender registry system available to the general public;

(3) the central registry for child abuse information;

(4) the central registry for dependent adult abuse information; and

(5) the Iowa criminal history database.

The superintendent may utilize a background check service that meets the requirements of law to access this information.

If required by law, the superintendent shall also obtain the applicant’s fingerprints and submit the fingerprints to the division for submission to the federal bureau of investigation for a national criminal history record check.

The superintendent may perform an ‘initial hire’ background check even if the Board of Educational Examiners (“BOEE”) has recently conducted a background check of the applicant.

The applicant for employment shall not be charged for said background check, except as otherwise stated in this policy and/or permitted by law. If the applicant is an employee who holds a license through the BOEE other than an initial license, the applicant may be charged a fee not to exceed the actual cost incurred by and/or charged to the District for the state and national criminal history checks and registry checks required under Iowa law.

An applicant for employment who is listed on the sex offender registry, the central registry for child abuse information or the central registry for dependent adult abuse information or who has engaged in other behavior that may affect the applicant’s position with the district, as provided in the Iowa court information system or the national criminal history database, shall not be considered for employment with the District.

Current Employees

For every current employee employed by the District, the superintendent shall access and review certain background information regarding the employee at least every five (5) years. The superintendent shall access and review background information regarding the employee from the following sources:

(1) the Iowa court information system available to the general public;

(2) the sex offender registry system available to the general public;

(3) the central registry for child abuse information;

(4) the central registry for dependent adult abuse information; and

(5) the Iowa criminal history database.

The superintendent may utilize a background check service that meets the requirements of law to access this information.

The superintendent shall access and review the above background information regarding the employee at least every five (5) years. For bus drivers the superintendent shall access and review the above background information regarding the employee at least every five (5) years during the twelve-month period when the employee’s license is renewed. For all other employees, the superintendent shall access and review the above background information regarding the employee at least every five (5) years during the twelve-month period preceding every fifth-year anniversary of the employee’s date of hire. The superintendent shall establish a schedule to review current employees’ background information.

The superintendent is not required to conduct background checks for current employees who are licensed with the BOEE and who have undergone certificate-renewal background checks through the BOEE. The superintendent may rely upon the certificate- renewal background checks conducted by the BOEE for current employees licensed by the BOEE.

The employee shall not be charged for said background check, except as otherwise stated in this policy and/or permitted by law. If the employee holds a license through the BOEE other than an initial license, the applicant may be charged a fee not to exceed the actual cost incurred by and/or charged to the District for the state criminal history checks and registry checks required under Iowa law.

An employee who is listed on the sex offender registry, the central registry for child abuse information or the central registry for dependent adult abuse information or who has engaged in other behavior that may affect the employee’s position with the district, as revealed and documented by the background check, shall be subject to immediate suspension from the employee’s duties, pending a termination hearing that shall be conducted pursuant to applicable Iowa law.

Documentation

The superintendent and/or the superintendent’s designee shall be responsible for maintaining documentation demonstrating compliance with this policy.

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Approved: 8/12/13

 Reviewed: 10/14/19

Revised: 6/9/25