401 EMPLOYEES AND INTERNAL RELATIONS

401.01 EQUAL EMPLOYMENT OPPORTUNITY

The Tipton 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 shall 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 the final offer of employment for any teaching position 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 repeat background checks on applicable employees as required by law.

Advertisements and notices for vacancies within the district will contain the following statement:  "The Tipton Community 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, Tipton Community School District, 400 East 6th Street, Tipton, Iowa 52772; or by telephoning (563)886-6121.

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 W. Wisconsin Ave Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111 (800) 669-4000 or TTY (800) 669-6820. http://www.eeoc.gov/field/milwaukee/index.cfm or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or 1-800-457-4416, http://www.state.ia.us/government/crc/index.html..  This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

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

 

Legal Reference:      

     29 U.S.C. §§ 621-634.

     42 U.S.C. §§ 2000e et seq.

     42 U.S.C. §§ 12101 et seq.

     Iowa Code §§ 19B; 20; 35C; 73; 216; 279.8.

     281 I.A.C. 12.4; 95.

 

Cross Reference:      

     102      Equal Educational Opportunity

     102.R1 Equal Educational Opportunity - Grievance Procedure

     102.E1 Equal Educational Opportunity - Annual Notice of Discrimination

     102.E2 Equal Educational Opportunity - Continuous Notice of Nondiscrimination

     102.E3 Equal Educational Opportunity - Notice of 504 Student and Parental Rights

     102.E4 Equal Educational Opportunity - Discrimination Complaint Form

     102.E5 Equal Educational Opportunity - Witness Disclosure Form

     102.E6 Equal Educational Opportunity - Disposition of Complaint Form

     104       Bullying/Harassment Policy

     104.R1 Bullying/Harassment Policy - Investigation Procedures

     104.E1 Bullying/Harassment Policy - Complaint Form

     104.E2 Bullying/Harassment Policy - Witness Disclosure Form

     405.2  Licensed Employee Qualifications, Recruitment, Selection

     411.2  Classified Employee Qualifications, Recruitment, Selection

 

Approved:   12/9/1996           Reviewed:  02/12/2024                  Revised:  02/12/2024

 
 

401.1R COMPLAINT PROCEDURE FOR ALLEGED DISCRIMINATION ON THE BASIS OF SEX

I.       In-House Complaints:

A.            Definitions:

  1. COMPLAINT
    A complaint is a claim by an employee, a group of employees, student, or group of students  that there has been a violation, misinterpretation, or misapplication of any provision of Title IV and Title IV guidelines, and limited thereto.
  2. SCHOOL DAYS
    School days shall mean those days when teachers are in attendance, except during summer vacation when school days shall mean days when the school's business office is open.

B.        Procedures:

There shall be no interference with the operation of the school system on account of a complaint, but the complaint shall be settled under the provision of this procedure. Every employee or student shall have the right to present a complaint in accordance with this procedure.

The failure of an employee or student to act on any complaint within the prescribed time limits will act as a bar to any further appeal. If no decision is given within the specified time limits it shall be deemed a denial of the complaint at that step and shall permit proceeding to the next step. The time limitations may, however, be extended by mutual agreement.

1.         Level One - Superintendent of Schools

The concerned employee or student shall file a written complaint with the Superintendent of Schools or the equal opportunity office with the objective of resolving the matter on that level.

This written complaint must be filed within 10 school days from the date on which the event giving rise to the complaint first occurred.

A meeting between the complainant(s), the superintendent, and anyone deemed necessary to discuss the alleged violation, will be held at a time mutually agreed upon by the complainer(s), and the superintendent it must be held within 20 school days of receipt of the written complaint by the superintendent.

Within ten school days after the meeting the superintendent will render a written decision which will be sent to the person or representative of the people who are doing the complaining and to the president of the Tipton Board of Education.

2.         Level Two - Board of Education

The complaint shall be considered settled at Level One and not subject to further appeal unless, within ten (10) school days after the answer of the superintendent is received or is due, the complainant notifies the superintendent in writing that the issue is being submitted to the school board. The school board, superintendent, and complainant shall meet no less than (10) ten school days after the written complaint has been received by the school board president at a

mutually agreeable time. (The meeting may be delayed by mutual consent.) Other persons who are deemed necessary to present or advise in the hearing are to be eligible to attend. The complainant shall present his/her case to the school board.

The school board president shall file an answer within ten (10) school days of the meeting with the board. The report shall be sent to the complainant and to the superintendent.

3.         Level Three - Office of Civil Rights

The complaint shall be considered settled and not subject to further appeal unless, within ten (10) school days after the board's answer is received the complainant notifies the school board president  and the superintendent that the case is being filed with the Office of Civil Rights. The complainant shall file the complaint with the appropriate office.

THE WRITTEN COMPLAINT

A written complaint may be simply written, but must contain the following written information:

  1. Name and address of complainant.
  2. Explanation of alleged discrimination.
  3. The name(s) of the injured person(s).
  4. The name(s) of the person(s) who allegedly erred in application of Title IX regulations.
  5. The date or approximate date when alleged discrimination took place.
  6. State with what section of the law the school's action contradicts.
  7. What remedy or remedies does the complainant seek?

II.      Citizens Complaints:

Whenever a citizen has a complaint concerning the action of any employee, such citizen shall give information to the employee's immediate supervisor. In the event that the matter is not satisfactorily resolved, the appeal process will follow this order:

  1. Other supervisory or administrative personnel in the line of responsibility.
  2. The Superintendent of Schools
  3. The Board of Directors

No appeal will be heard by the Board of Directors and no charges against the employees will be investigated or acted upon by the Board unless reduced to writing, signed by the party bringing the same, and presented to the Board through the Superintendent of Schools.

 

Approved:   12/9/1996                                                              Reviewed:   09/12/2022                                                  Revised:12/8/2014

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.

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 be deemed to exist will include, but not be limited to, any of the following:

  1. The outside employment or activity involves the use of the 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

     402.6    Employee Outside Employment

     404       Employee Conduct and Appearance

 

Approved:   12/9/1996                                                          Reviewed: 11/14/2022                                                        Revised: 11/14/2022

401.03 NEPOTISM

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:

     203      Board of Directors' Conflict of Interest

     405.2 . Licensed Employee Qualifications, Recruitment Selection

     411.2 . Classified Employee Qualifications, Recruitment Selection

 

Approved:   12/9/1996                                                                Reviewed:   09/12/2022                                                  Revised: 09/12/2022

 

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.  Complaints should generally 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 within 5 days of 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 5 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. 

 

Legal Reference:      

     Iowa Code §§ 20.7, .9; 279.8.

 

Cross Reference:                                 

          210.8  Board Meeting Agenda

 

 

Approved:   12/9/1996                                                           Reviewed:    11/14/2022                                                      Revised: 11/14/2022

 

401.05 EMPLOYEE RECORDS

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:   

     401.6  Limitations to Employment References             

     402.1  Release of Credit Information

     403.3  Communicable Diseases - Employee     

     403.3-R1 Communicable Diseases - Employees - Regulations

     403.3-E1  Communicable Diseases - Employees - Hepatitis B Vaccine Information and Record

     708     Care, Maintenance and Disposal of School District Records

     901      Public Examination of School District Records

 

 

 

Approved:   12/9/1996                                               Reviewed:   09/12/2022                                                  Revised:  09/12/2022

401.5R1 EMPLOYEE RECORDS REGULATION

Employee 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 form

  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.

Cross Reference:

     401.06  Limitation to Employment References

     402.06  Release of Credit Information

     403.03  Communicable Diseases - Employment

     403.03R1  Communicable Diseases - Regulation

     403.03E1  Communicable Diseases - Employees Hepatitis B Vaccine Information and Record

     708  Care, Maintenance and Disposal of School District Records

     901  Public Examination of School District Records

 

 

Approved:   12/9/1996                                                               Reviewed:   11/14/2022                                                        Revised: 11/14/2022

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, 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 have passed since the case was opened, and no charges or indictment have been filed. 

 

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

Cross Reference:

     401.5    Employee Records 

      401.5-R1  Employee Records - Regulation

     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 

 

Approved  2/10/2020                              Reviewed 09/12/2022                               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 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 pre-approved by the superintendent or an immediate supervisor.  Traveloutside of 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 80% of the federal rate on July 1st 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 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.  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 80% of the federal rate on July 1st  per mile.  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

     401.10  Credit Cards

     904.1   Transporting Students in Private Vehicles

 

Approved:  12/9/1996                                                             Reviewed:   9/12/2022                                               Revised: 9/12/2022

401.08 RECOGNITION FOR SERVICE OF EMPLOYEES

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, ß 31.

     Iowa Code ß 279.8.

 

 

Approved:   12/9/1996                                                            Reviewed:  9/12/2022                                                        Revised:  09/12/2022

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 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:  

     409.2     Employee Leaves of Absence

 

Approved:   12/9/1996                                                          Reviewed:   09/12/2022                                               Revised: 09/12/2022

401.11 EMPLOYEE ORIENTATION

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 office personnel. 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:  

     401.13 Staff Technology Use/Social Networking

     401.13-R1 Staff Technology Use/Social Networking - Regulation

     404    Employee Conduct and Appearance

     404-R1 Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation

     404-R2 Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation

     

 

 

Approved:   12/9/1996                                                     Reviewed:  09/12/2022                                                          Revised: 09/12/2022

401.12 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.

 

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

Approved:  11/14/2022                    Reviewed:  __________                     Revised:  ________                   

 

401.12R1 EMPLOYEE USE OF CELL PHONES 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. 

 

Approved:  11/14/2022                                  Reviewed:  ______________                     Revised:  __________

401.13 STAFF TECHNOLOGY USE/SOCIAL NETWORKING

Computers, electronic devices and other technology are powerful and valuable education and research tools and, as such, are an important part of the instructional program. In addition, the school district depends upon technology 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 Director who will oversee the use of school district technology resources. The Technology Director will prepare in-service programs for the training and development of school district staff in technology skills, appropriate use of district technology and for the incorporation of technology use in subject areas.

The superintendent, working with appropriate staff, shall establish regulations governing the use and security of the school district’s technology resources. The school district will make every reasonable effort to maintain the security of the district networks and devices. All users of the school district’s technology 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 technology access privileges.

Usage of the school district’s technology resources is a privilege, not a right, and that use entails responsibility. District-owned technology and district maintained social media and e-mail accounts are the property of the school district. Therefore, users of the school district’s network must not expect, nor does the school district guarantee, privacy for e-mail or use of the school district’s 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 network.

The superintendent, working with the appropriate staff, shall establish procedures governing management of technology records in order to exercise appropriate control over technology records, including financial, personnel and student information. The procedures will address at a minimum: 

  • 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 should not connect with students via external web sites without consent of the superintendent. 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.

282 I.A.C. 25, 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:  11/14/2022                                        Reviewed:  ___________                        Revised:  ____________

401.13R1 STAFF TECHNOLOGY USE/SOCIAL NETWORKING

General

The following rules and regulations govern the use of the school district's network systems, employee access to the internet, and management of digital records:

  • Employees will be issued a school district e-mail account. Passwords must be changed periodically.

  • Each individual in whose name an access account is issued is responsible at all times for its proper use.

  • Employees are expected to review their e-mail regularly throughout the day, and shall reply promptly to inquiries with information that the employee can reasonably be expected to provide.

  • Communications with parents and/or students must be made on a school district computer, unless in the case of an emergency.

  • Employees may access the internet for education-related and/or work-related activities.

  • Employees shall refrain from using technology resources for personal use, including access to social networking sites.

  • Use of the school district technology and school e-mail address is a public record. Employees cannot have an expectation of privacy in the use of the school district’s computers.

  • Use of technology resources in ways that violate the acceptable use and conduct regulation, outlined below, will be subject to discipline, up to and including discharge.

  • Use of the school district’s network is a privilege, not a right.  Inappropriate use may result in the suspension or revocation of that privilege.

  • Off-site access to the school district network will be determined by the superintendent in conjunction with appropriate personnel.

  • All network users are expected to abide by the generally accepted rules of network etiquette. This includes being polite and using only appropriate language. Abusive language, vulgarities and swear words are all inappropriate.

  • Network users identifying a security problem on the school district's network must notify appropriate staff. Any network user identified as a security risk or having a history of violations of school district computer use guidelines may be denied access to the school district's network.

  • Employees are representatives of the district at all times and must model appropriate character, both on and off the worksite.  This applies to material posted with personal devices and on personal websites and/or social media accounts.  Posted messages or pictures which diminish the professionalism or discredit the capacity to maintain respect of students and parents may result in disciplinary action up to and including termination if the content posted is found to be disruptive to the educational environment and adversely  impacts the employee’s ability to effectively serve as a role model or perform his/her job duties for the district.  The type of material that would affect an employee’s ability to serve as an appropriate role model includes, but is not limited to, text or depictions involving hate speech, nudity, obscenity, vulgarity or sexually explicit content.  Employee communications with students should be limited as appropriate.  If there is any uncertainty, employees should consult their building administrator.

Prohibited Activity and Uses

The following is a list of prohibited activity for all employees concerning use of the school district's network.  Any violation of these prohibitions may result in discipline, up to and including discharge, or other appropriate penalty, including suspension or revocation of a user's access to the network.

  • Using the network for commercial activity, including advertising, or personal gain.

  • Infringing on any copyrights or other intellectual property rights, including copying, installing, receiving, transmitting or making available any copyrighted software on the school district computer network. See Policy 605.7, Use of Information Resources for more information.

  • Using the network to receive, transmit or make available to others obscene, offensive, or sexually explicit material

  • Using the network to receive, transmit or make available to others messages that are racist, sexist, and abusive or harassing to others.

  • Use of another’s account or password.

  • Attempting to read, delete, copy or modify the electronic mail (e-mail) of other system users.

  • Forging or attempting to forge e-mail messages.

  • Engaging in vandalism. Vandalism is defined as any malicious attempt to harm or destroy school district equipment or materials, data of another user of the school district’s network or of any of the entities or other networks that are connected to the Internet. This includes, but is not limited to, creating and/or placing a virus on the network.

  • Using the network to send anonymous messages or files.

  • Revealing the personal address, telephone number or other personal information of oneself or another person.

  • Intentionally disrupting network traffic or crashing the network and connected systems.

  • Installing personal software or using personal technology on the school district’s technology and/or network without the permission of the Technology Director.

  • Using the network in a fashion inconsistent with directions from teachers and other staff and generally accepted network etiquette.

Other Technology Issues

Employees with personal cell phones should avoid using their phones for school district business. Employees should contact students and their parents through school district's technology or phone system unless in the case of an emergency or with prior consent of the principal. Employees should not release their cell phone number, personal e-mail address, etc. to students or their parents. Employees, who are coaches or sponsors of activities, may create a text list of students and parents in order to communicate more effectively as long as the texts go to all students and the Activities Director is included in the text address list.

 

  Approved:  11/14/2022                          Reviewed:  ___________                              Revised:  _________

 

401.14 EMPLOYEE EXPRESSION

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 the 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. 2002

     Iowa Code §§ 279.73; 280.22

Cross Reference: 

     502.3 Student Expression

     504.3 Student Publications

  

                              Approved:  10/11/2021                                Reviewed:  11/14/2022                              Revised:   11/14/2022      

401.15 ADULT ACTIVITY TICKETS OR PASSES

  1. All certified staff members, special ed associates/teacher’s aides, secretaries and instructional aides will be required to work one athletic event. All staff members, including food service, custodial and bus driving personnel, in exchange for working their first event, will receive one pass in their name.
    1. For the second game worked the staff member has the option of receiving one adult guest pass or monetary compensation.
    2. For each additional game worked  the staff member is eligible for a student pass or monetary compensation. The student pass will be issued in the student's name. The student must be the child, stepchild or foster child of the staff member who works the event. The staff member may earn as many student passes as needed for their family. One pass is earned per game worked.
  2. All individuals who provide a service the value of which would be as much or more to the school, or to the students in connection with activities, may be paid with an activity ticket.
  3. Representatives of the press in which Tipton School news is regularly published may receive a pair of tickets.
  4. Any person may be given a ticket, provided that it is recommended by the administration and sanctioned by the Board of Education.
  5. Staff members will be given first chance to sign-up to work at all athletic events. Any positions not filled by staff members will be opened up to outside organizations or non- school personnel.

 

It shall be the responsibility of the superintendent to develop administrative regulations regarding the pay scale for ticket takers and event supervisors.

 

 

Approved:   12/9/1996                                                                       Reviewed:   09/12/2022                                              Revised: 12/8/2014