401 - Employees and Internal Relations

401 - Employees and Internal Relations dawn.gibson.cm… Wed, 06/23/2021 - 07:46

401.1 - Equal Employment Opportunity

The Forest City Community School District will provide equal opportunity to employees and applicants for employment in accordance with applicable equal employment opportunity and affirmative action laws, directives and regulations of federal, state and local governing bodies. Opportunity to all employees and applicants for employment includes hiring, placement, promotion, transfer or demotion, recruitment, advertising or solicitation for employment, treatment during employment, rates of pay or other forms of compensation, and layoff or termination. The school district will take affirmative action in major job categories where women, men, minorities and persons with disabilities are underrepresented. Employees will support and comply with the district's established equal employment opportunity and affirmative action policies. Employees will be given notice of this policy annually.

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

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

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

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Forest City Community School District, 145 South Clark Street, Forest City, IA 50436; or by telephoning 641-585-2323.

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

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

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
104 Bullying/Harassment
405.2 Licensed Employee Qualifications, Recruitment, Selection
411.2 Classified Employee Qualifications, Recruitment, Selection

Approved: 4-14-86
Reviewed: 11-13-23
Revised: 11-13-23

dawn.gibson.cm… Wed, 06/23/2021 - 07:47

401.1FC Security Check/Fingerprinting

PURPOSE
The intent of the following policies is to ensure the protection of the FBI’s National Criminal History Record Information (CHRI) until such time as the information is purged or destroyed in accordance with applicable record retention rules.
The following policies were developed using the FBI’s Criminal Justice Information Services (CJIS) Security Policy and guidance from the Iowa Division of Criminal Investigation (DCI). Forest City Community School may complement this policy with a local policy; however, the CJIS Security Policy shall always be the minimum standard. The local policy may supplement, or increase the standards, but shall not detract from the CJIS Security Policy standards nor from requirements set forth by the Iowa DCI.

SCOPE
The scope of this policy applies to any media, physical or electronic, containing FBI national CHRI-or any reference to such CHRI-received by a Qualified Entity (QE), while being stored, accessed or physically moved to a secure location by the Forest City Community School District. In addition, this policy applies to any person authorized to access, store, and/or transport national CHRI, who shall be referred to as Authorized Personnel.

Criminal Justice Information (CJI) and Criminal History Record Information (CHRI)- Criminal Justice Information (CJI) is the term used to refer to all of the FBI CJIS provided data necessary for law enforcement and civil agencies to perform their missions including, but not limited to biometric, identity history, biographic, property, and case/incident history data.
The DCI uses the term CHRI, which is a subset of CJI and for the purposes of this document is considered interchangeable. Due to its comparatively sensitive nature, additional controls are required for the access, use and dissemination of CHRI. In addition to the dissemination restrictions outlined below, Title 28, Part 20, Code of Federal Regulations (CFR), defines CHRI and provides the regulatory guidance for dissemination of CHRI.

According to 28 CFR 20.33, CHRI is information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, and release. The term does not include identification information such as fingerprint records if such information does not indicate the individual's involvement with the criminal justice system.
In other words, CHRI refers to the FBI result received from DCI based on fingerprints submitted by the QE, whether the results indicate a positive identification of criminal history or not.

Proper Access, Use, and Dissemination of CHRI- Rules governing the access, use, and dissemination of CHRI are found in Title 28, Part 20, CFR.
Forest City Community School District has been approved as a Qualified Entity (QE) to receive CHRI pursuant to a specific statutory authority and shall not use such CHRI acquired pursuant to such authority for any other reason. Forest City Community School is authorized to submit fingerprints to request national CHRI and review resultant CHRI as part of the screening process for applicants for employment or licensure, including current and/or prospective employees and volunteers, contractors and vendors, who have or may have unsupervised access to children, the elderly, or individuals with disabilities for whom the QE provides care for, or for other applicants as specified in the applicable statute.

Dissemination to another agency is ONLY authorized if the other agency is an Authorized Recipient of such information and is being serviced by the QE. The Iowa DCI does not allow outsourcing for administrative functions, including IT support.

Personnel Security Screening - Access to CHRI is restricted to Authorized Personnel. Authorized Personnel includes anyone who may have reason to access, view, have knowledge of, handle, and/or destroy CHRI, including anyone who may only have occasion to view CHRI incidentally in the performance of their duties. If the agency stores or transmits CHRI electronically, the agency’s IT personnel must also be identified as Authorized Personnel.
Iowa does not have legislation in place that requires civil fingerprint-based background checks for personnel with access to CHRI for the purposes of licensing or employment and therefore are exempted from the fingerprint-based background check requirement until such time as appropriate legislation has been written into law.

Security Awareness Training- Security Awareness Training through CJIS Online shall be required within six months of initial assignment, and biennially thereafter, for all personnel who have access to CHRI. Authorized Personnel will receive CJIS Online credentials set up by the Agency Administrator. Both the Agency Administrator and Authorized Personnel will be responsible for taking the Training and renewing certification as needed.
A physically secure location is a facility or an area, a room, or a group of rooms within a facility with both the physical and personnel security controls sufficient to protect CHRI. CHRI will be maintained securely and will only be accessible by Authorized Personnel. Forest City Community School District will maintain and keep a current list of all Authorized Personnel. Authorized Personnel will take necessary steps to prevent and protect the agency from physical, logical and electronic breaches.

Media Protection- Controls shall be in place to protect physical and electronic media containing CHRI while at rest, stored, or actively being accessed. The QE shall securely store physical and electronic media within physically secure locations or controlled areas such as in a locked file cabinet or other locked receptacle. The agency shall restrict access to physical and electronic media to authorized individuals.

Physical Media- Physical media includes hardcopies, printed documents and imagery that contain CHRI.
Electronic Media - While electronic storage and/or transmission is strongly discouraged, electronic media includes memory devices in laptops and computers (hard drives) and any removable, transportable digital memory media, such as magnetic tape or disk, backup medium, optical disk, flash drives, external hard drives, or digital memory card.

If storing or transmitting CHRI electronically, the data shall be immediately protected via encryption per Section 5.10.1.2 of the CJIS Security Policy.

Controls shall be in place to protect electronic and physical media containing CHRI while in transport (physically moved from one location to another) to prevent inadvertent or inappropriate disclosure and use. The QE shall protect and control physical and electronic media during transport outside of controlled areas and restrict the activities associated with transport of such media to Authorized Personnel.

When no longer usable or needed, all physical and electronic media shall be properly disposed of in accordance with measures established by Forest City Community School District.

Physical media (hard copies, print-outs and other physical media) shall be disposed of by one of the following methods:

Shredding using Forest City Community School District issued shredders.
Placed in locked shredding bins for the district's designated secure shredding company to come on-site and shred, witnessed by Forest City Community School District personnel throughout the entire process.
Incineration using Forest City Community School District incinerators or witnessed by Forest City Community School District personnel onsite at agency.

Electronic media (hard-drives, tape cartridge, CDs, printer ribbons, flash drives, printer and copier hard-drives, and other similar items used to process, store and/or transmit CHRI) shall be disposed of by Forest City Community School District using one of these methods:

Overwriting (at least 3 times) - an effective method of clearing data from magnetic media. As the name implies, overwriting uses a program to write (1s, 0s, or a combination of both) onto the location of the media where the file to be sanitized is located.
Degaussing - a method to magnetically erase data from magnetic media. Two types of degaussing exist: strong magnets and electric degausses. Note that common magnets (e.g., those used to hang a picture on a wall) are fairly weak and cannot effectively degauss magnetic media.
Destruction – a method of destroying magnetic media. As the name implies, destruction of magnetic media is to physically dismantle by methods of crushing, disassembling, etc., ensuring that the platters have been physically destroyed so that no data can be pulled.

IT systems that have been used to process, store, or transmit FBI CHRI shall not be released from Forest City Community School District‘s control until the equipment has been sanitized and all stored information has been cleared using one of the above methods.

Electronic Media- The agency shall promptly report incident information to appropriate authorities to include the Iowa DCI. Information security events and weaknesses associated with information systems shall be communicated in a manner allowing timely corrective action to be taken. Formal event reporting and escalation procedures shall be in place. Wherever feasible, the agency shall employ automated mechanisms to assist in the reporting of security incidents. All Authorized Personnel shall be made aware of the procedures for reporting the different types of event and weakness that might have an impact on the security of agency assets and are required to report any information security events and weaknesses as quickly as possible to the designated point of contact.

Policy Violation/Misuse Notification- Violation of any of the requirements contained in the CJIS Security Policy or Title 28, Part 20, CFR, by any authorized personnel will result in suitable disciplinary action, up to and including loss of access privileges, civil and criminal prosecution and/or termination.
Likewise, violation of any of the requirements contained in the CJIS Security Policy or Title 28, Part 20, CFR, by any visitor can result in similar disciplinary action against the sponsoring employee, and can also result in termination of services with any associated consulting organization or prosecution in the case of criminal activity.

Legal Reference:
Iowa Code §§ 272.2(17); 279.13, .69; 235A.14; 235B.5; 321.375(2); 692A.121

Cross Reference:
401.1 Equal Opportunity Employment

Approved: 2-8-23
Reviewed: ____
Revised: ____

kheidemann@for… Thu, 02/09/2023 - 14:20

401.1RFC- Security Check/Fingerprinting

Prior to hiring an applicant for a school employee position, the District shall have access to and shall review the information in the Iowa court information system available to the general public, the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under section 235A.14, and the central registry for dependent adult abuse information established under section 235B.5 for information regarding the applicant.

The District shall implement consistent procedures for each school employee employed by the school district at least every five years after the school employee’s initial date of hire. employees currently licensed by the BOEE do not have to submit rechecks per the exemption in Code 272.2(17): BOEE rechecks for licensure are done for initial applicants and licensure renewal for teachers, substitute teachers (both licensed and authorized), administrators, school business officials, school administration managers, paraprofessionals and non-teaching coaches. These are the positions that are not required to be rechecked every five years at the district level, since they are subject to BOEE authorization under 272.2(17) for either initial licensure or renewal. Teachers on permanent professional license do not go through a renewal process so are not exempted via Chapter 272.2(17) and will be checked every five years.

The District shall not charge an employee for the cost of the registry checks conducted pursuant to this subsection. The District shall maintain documentation demonstrating compliance with this subsection.

Additionally, Iowa law requires all teachers who are new to your district who have taught elsewhere and do not have an initial or exchange license to have a background check prior to entering into an initial contract.

To comply with this, the Superintendent or his/her designee must conduct background checks for employees who get an Iowa Code Sec. 279.13 (teaching) contract, through the Iowa Division of Criminal Investigation (DCI) in the Department of Public Safety. For all other school employees, the District will use a private vendor. There is no prohibition against also using a private vendor for a comprehensive background check on these newly hired teachers, in addition to the mandated DCI requirement.

In order to process such record checks, the following procedure will be followed:

No later than ten calendar days after the Superintendent or his/her designee has notified job applicant of a decision to hire the applicant, or as soon thereafter as practicable, the Superintendent or his/her designee will supply the applicant with a packet containing all documents and materials necessary for the applicant to be screened and/or fingerprinted as required.
No later than ten calendar days after the Superintendent or his/her designee has provided the successful job applicant with the packet, the applicant must return the screening authorization forms and schedule to be fingerprinted with an authorized provider. Failure of the applicant to have his/her fingerprints taken within such a ten-day period, without good cause, will be grounds for the withdrawal of the offer of employment.
The District will pay all fees and costs associated with the screening and/or fingerprinting process and/or the submission or processing of the requests for criminal record checks.
Upon receipt of a criminal record check indicating a previously undisclosed conviction, the Superintendent or his/her designee will notify the affected applicant/employee of the results of the record check and will provide an opportunity for the affected applicant/ employee to respond to the results of the criminal record check.
Decisions regarding the effect of a conviction upon an applicant/employee, whether disclosed or undisclosed by the applicant/employee, will be made on a case-by-case basis. Notwithstanding the foregoing, the falsification or omission of any information on a job application or in a job interview, including, but not limited to information concerning criminal convictions or pending criminal charges, shall be grounds for disqualification from consideration for employment or discharge from employment.
The District is prohibited from offering employment for any position involving direct student contact until the following has occurred:
- the applicant has complied with the above disclosure requirements;
- the District has verified with the Iowa Board of Educational Examiners (BOEE) about the applicant’s eligibility status for a position requiring a certificate, authorization, or permit; previous disciplinary action for a substantiated finding of abuse or neglect or sexual misconduct; and notice of a criminal conviction or pending criminal charges against the applicant.
- A good faith effort to reach an applicant’s current and previous employers shall be made. A “good faith effort” is one requiring no more than three phone calls on three separate days.
- The District may request additional information from an applicant’s current or former employers relating to any response the applicant listed on the standardized application form, to which the applicant must respond within five business days of receipt. Immunity is provided from criminal and civil liability to any employer who provides such information, as well as to the BOEE, as long as the information supplied is not knowingly false.
- The information available to the Board from the BOEE about an applicant may include:
  - any information about the applicant’s eligibility for employment with such education employer in a position that requires a certificate, authorization, or permit;
  - whether the BOEE knows if the applicant was disciplined for a finding of abuse or neglect or sexual misconduct, and any information related to the finding; and
  - whether the BOEE has been notified that the applicant has been convicted of a crime or of pending criminal charges against the applicant and any information about such charges.
Applicants for substitute teaching positions must also fulfill the disclosure requirements as listed above. The District will also request information from the applicant’s prior employers and the BOEE (in the same manner required for other applicants).
Substitute teachers and other substitute employees, if they are continuously employed by the district, do not have to be re-screened after fulfilling the initial requirement until their current screen expires.
The District shall maintain a list of individuals suitable to work as substitute teachers and substitute employees.. Only those on the list may be hired as substitutes. An individual remains on the list as long as (1) he or she is continuously employed by the District as a substitute and (2) District does not have any knowledge that would cause the person to be removed from the list.
School nurses and nurse practitioners appointed by the Board or under contract with the Board shall also submit to a criminal history check.
Each applicant for a certified and/or non-certified position must submit to a records check of the sex offender registry established under chapter 692A, the central registry for child abuse information established under section 235A.14, and the central registry for dependent adult abuse information established under section 235B.5 before the applicant may be hired. The Superintendent or his/her designee shall request the required records check in accordance with the procedures as required.
Each applicant for a certified and/or non-certified position must submit to a records check Being listed in the sex offender registry established under chapter 692A, the central registry for child abuse information established under section 235A.14, or the central registry for dependent adult abuse information established under section 235B.5 shall constitute grounds for the immediate suspension from duties of a school employee, pending a termination hearing by the board of directors of a school district. A termination hearing conducted pursuant to this subsection shall be limited to the question of whether the school employee was incorrectly listed in the registry
Contractors that apply for positions involving direct student contact are required to perform the checks on their employees who would fill such positions. These checks are similar to the ones the District must perform on applicants.
- A contractor’s employee must fulfill the three disclosure requirements that a regular, direct applicant for such a position must fulfill.
- The contractor must contact any current or former employers that were education employers and request, by telephone or in writing, any information about whether there was a finding of abuse or neglect or sexual misconduct against the employee, and which the employer must report if there is one.
- Should the contractor receive any information indicating such a finding or otherwise has knowledge of one, he or she must immediately forward, either by telephone or in writing, the information to the District.
- The District must determine whether the employee may work in a position involving direct student contact at any of its schools.
- It is not considered a breach of contract for the District to determine that the contractor’s employee is forbidden to work under any such contract in such a position.
The District shall notify BOEE when it receives information that applicants or employees have been disciplined for a finding of abuse or sexual misconduct.
The District is required to provide upon request, to any other education employer or to the BOEE, information it may have about a finding of abuse or sexual misconduct for someone being vetted for hire as a direct employee of the Board or a contractor’s employee.
The Board is prohibited from entering into any collective bargaining agreement, employment contract, resignation or termination agreement, severance agreement, or any other agreement or take any action that results in any of the following outcomes:
- has the effect of suppressing information about an investigation of a report of suspected abuse or neglect or sexual misconduct by a current or former employee;
- affects the education employer’s ability to report suspected abuse or neglect or sexual misconduct to appropriate authorities; or
- requires the district to expunge information about an allegation or finding of suspected abuse or neglect or sexual misconduct from any documents it maintains, unless after investigation the allegation is dismissed or found to be false.
The District may employ or contract with an applicant for up to 90 days while awaiting the complete review of their application information, as long as the following has occurred:
- the District has no information about the applicant that would disqualify him or her from employment, and
- the applicant affirms that he or she is not disqualified from employment with the education employer.
Applicants who knowingly provide false information or knowingly fail to disclose information that is statutorily required to the District is subject to discipline by the District. Such discipline may include denial of employment or termination of a certified employee’s contract.

Legal Reference:
Iowa Code §§ 272.2(17); 279.13, .69; 235A.14; 235B.5; 321.375(2); 692A.121

Cross Reference:
401.1 Equal Opportunity Employment

Approved: 2-8-23
Reviewed: ____
Revised: ____

kheidemann@for… Thu, 02/09/2023 - 14:32

401.2 - 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 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: 6-14-21
Reviewed: 08-08-22
Revised: _____

dawn.gibson.cm… Wed, 06/23/2021 - 07:51

401.3 - 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.

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

In the case when the district employs a teacher whose spouse is serving as their building principal, the following guidelines will be adhered:

The superintendent will either evaluate or appoint a building administrator from another building to evaluate the teacher in question. The evaluation will follow procedures outlined in the Master Contract.
Violations of the Master Contract will be referred to the Superintendent’s office for disciplinary action.
Grievance procedures will be amended whenever the superintendent is listed as a hearing officer.
In the event the superintendent is not available and action is needed immediately, the most senior building administrator should be contacted. In the event the most senior building administrator is supervising their spouse, the next senior administrator will be called.

In the case when the district employs support staff whose supervisor is either a spouse or relative, the following guidelines will be adhered:

The supervisor who employs a spouse or relative will coordinate with the Superintendent to determine who should evaluate the employee. The supervisor may designate a person to perform the evaluation function recognizing that the evaluator must be a person with supervisory experience.

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

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

Approved: 11-11-04
Reviewed: 08-08-22
Revised: 5-10-21

dawn.gibson.cm… Wed, 06/23/2021 - 07:52

401.4 - 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 10 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.

A formal grievance procedure is contained in the Master Contract between the employee’s licensed bargaining unit and the Board. This policy will not apply to a complaint that has been or could be filed at the employee’s discretion under that formal grievance procedure.

Legal Reference:
Iowa Code §§ 20; 279.8

Cross Reference:

Approved: 6-14-21
Reviewed: 08-08-22
Revised: 11-8-21

dawn.gibson.cm… Wed, 06/23/2021 - 07:54

401.5 - 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:
402.1 Release of Credit Information
403 Employees' Health and Well-Being
708 Care, Maintenance and Disposal of School District Records

Approved: 2-10-05
Reviewed: 08-08-22
Revised: 5-10-21

dawn.gibson.cm… Wed, 06/23/2021 - 07:55

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 forms.

3. The following are considered public personnel records available for inspection:

The name and compensation of the individual, including any written agreement establishing compensation or any other terms of employment, except for that information that is otherwise protected. "Compensation" includes the value of benefits conferred including, but not limited to: casualty, disability, life or health insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments, retirement benefits and deferred compensation;
The dates the individual was employed by the government body;
The positions the individual holds or has held with the government body;
The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual's previous employers, positions previously held and dates of previous employment;
The fact that the individual 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 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.

Approved: 2-10-05
Reviewed: 5-8-23
Revised: 5-8-23

dawn.gibson.cm… Wed, 06/23/2021 - 08:10

401.6 - 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, 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. 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.

Legal References:
20 U.S.C. §7926
Iowa Code 256;
281 I.A.C. 12.3(14)

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

Approved 6-14-21
Reviewed 7-17-24
Revised 7-17-24

dawn.gibson.cm… Wed, 06/23/2021 - 07:57

401.7 - 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. Travel outside the district by the superintendent will be approved by the board president.

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

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

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

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

Employees of the school district shall be reimbursed for expenses incurred for travel pre-approved by the superintendent. Every effort will be made to minimize district costs. When actual expenses rather than a set figure are to be reimbursed, the following guidelines apply:

Out-of-State

Food: An employee(s) traveling overnight on approved school-related business is limited to a per diem of $65. However, if the city is identified in IRS Publication 1542 with a higher per diem, the higher rate will apply. The day of departure and the day of return will be reimbursed up to 75% of the prevailing per diem including gratuity. Gratuity will be reimbursed up to 20%. All meal expenses and gratuities are included in the per diem reimbursement rate.
Travel: A district vehicle may be used. Coach class will be the maximum reimbursement for air travel or the IRS mileage rate per mile whichever is less. Ground travel (vehicle rental, cab, bus, subway, parking etc.) will be reimbursed.
Lodging: Lodging expenses are limited to the rate of a medium-priced hotel in the area or headquarters hotel.

In-State

Food: Meal expenses will be reimbursed in accordance with IRS guidelines for school-related business. Gratuity will be reimbursed up to 20%. An employee(s) traveling overnight on approved school-related business is limited to a per diem of $50. However, if the city is identified in IRS Publication 1542 with a higher per diem, the higher rate will apply. The day of departure and the day of return will be reimbursed up to 75% of the prevailing per diem. All meal expenses and gratuities are included in the per diem reimbursement rate.
Travel: Coach class will be the maximum reimbursement for air travel or the IRS mileage rate per mile, whichever is less.
Lodging: Lodging expenses are limited to the rate of a medium-priced hotel in the area or headquarters hotel.

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.

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 6-14-21
Reviewed 9-12-22
Revised _______

dawn.gibson.cm… Wed, 06/23/2021 - 07:58

401.8 - 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, § 31.
Iowa Code § 279.8.

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

Approved: 6-14-21
Reviewed: 9-12-22
Revised: _____

dawn.gibson.cm… Wed, 06/23/2021 - 08:01

401.8R1FC - Staff Recognition Program

The Forest City School District Board of Education recognizes that staff personnel are vital to the educational success of students in the district. The Board wishes to recognize staff personnel with awards that highlight years of service to the district and retirement.

The following recognition program is adopted to provide continuity, equity and coordination which will enable the Board of Directors to meet the goal of highlighting service to the district. The program is to include all staff in the Forest City Community School District.

It is recommended that a breakfast or luncheon be held during the school year to deliver this program and hand out awards. Other delivery modes may be used as the board and administration desires.

Approved: 7-17-89
Reviewed: 9-12-22
Revised: 5-10-21

dawn.gibson.cm… Wed, 06/23/2021 - 08:11

401.9 - Employee Political Activity

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

Violation of this policy may be grounds for disciplinary action.

Legal Reference:
Iowa Code §§ 55; 279.8.

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

Approved:6-14-21
Reviewed: 9-12-22
Revised: _____

dawn.gibson.cm… Wed, 06/23/2021 - 08:02

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 Business Manager . Regular employees ineligible for the school district's group health plan will be given information regarding where they can obtain health care or health care insurance.

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

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

Approved: 6-14-21
Reviewed: 9-12-22
Revised: _____

dawn.gibson.cm… Wed, 06/23/2021 - 08:05

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.

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

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

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

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

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

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

Cell Phone Allowance
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 and/or the board. 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.

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 1-8-12
Reviewed 9-12-22
Revised 5-10-21

dawn.gibson.cm… Wed, 06/23/2021 - 08:06

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.

4. Cell phones are provided specifically to carry out official school district business when other means of communications are not readily available. These devices may not be used for routine personal communications..

5. Personal use of school district-provided cell phones is limited to making or receiving calls for emergency and/or incidental purposes. Whenever possible, such calls should be made or received on school district or other public telephones.

6. Employees issued a cell phone are responsible for its safekeeping at all times. Defective, lost or stolen cell phones are to be reported immediately to the superintendent who will in turn notify the service provider. Reckless or irresponsible use of school district equipment, resulting in loss or damage may result in the employee having to reimburse the school district for any associated costs of replacement or repair.

7. Cell phones and any other school district issued communication equipment issued for employees are to be returned to the board secretary at the conclusion of the school year, activity or as otherwise specified or immediately upon request.

Cell Phone Authorization - School district-provided cell phones may be purchased and authorized for staff use in accordance with the following guidelines:

Cell phones may be assigned or made available on a temporary basis, by the superintendent, when it is determined:

1. The assignment of a cell phone device to the employee is a prudent use of school district resources;

2. The employee's job responsibilities requires the ability to communicate frequently outside of district property and/or regular district hours.

3. The employee's job involves situations where immediate communication is necessary to ensure the safety of individuals and security of school district property.

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.

1. 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.

2. If personal calls are made on a district-owned phone and the calls result in an additional plan charge to the district, the calls must be itemized and reimbursed to the district.

Approved: 1-8-12
Reviewed: 9-12-22
Revised: 5-10-21

dawn.gibson.cm… Wed, 06/23/2021 - 08:12

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

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

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

Legal Reference:

U.S. Const. Amend. I

Kennedy v. Bremerton School District, 597 U.S. (2022)

Iowa Code §§ 279.73; 280.22

Cross Reference:

502.3 Student Expression

504.3 Student Publications

Approved: 9-14-21

Reviewed: 11-14-22

Revised: 11-14-22

kheidemann@for… Mon, 09/13/2021 - 12:51