The 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 South Tama County 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, Samantha Peska, by writing to the Affirmative Action Coordinator, South Tama County Community School District, 1702 Harding Street, Tama, Iowa 52339; or by telephoning 641-484-4811.

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. Or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281- 4121 or 1-800-457-4416,  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. 

NOTE: This is a mandatory policy and reflects the law. The district must perform an initial background check on all employees 18 years of age and older. For some licensed employees, background checks must be performed every five years.

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.

 

Approved: December4, 2023

Reviewed: December4, 2023

Revised: December4, 2023

 

The Board of Directors shall approve job descriptions for all positions.  The Superintendent or designee shall be responsible for developing and/or revising job descriptions and for submitting these to the Board of Directors for review as changes are appropriate.  A manual of all job descriptions should be maintained on file and kept current by the Superintendent.  Evaluation of employees shall reflect requirements of the position as stated in the job descriptions.

 

 

(June 9, 1980; June 19, 1989; June, 1992; May, 2002; April 18, 2011; June 18, 2012; January 19, 2015; June 10, 2019)

 

The Superintendent or designee shall be responsible for recruiting and recommending employees for employment.  Administrators shall be responsible for recommending those employees under their immediate supervision, with the approval of the Superintendent or designee.

Selection of employees shall be based on the following qualifications, as well as any other qualifications the superintendent or administrator deems appropriate:

1. Training, education, certification, and licensing;
2. Experience and skill;
3. Demonstrated professional competency;
4. Personality;
5. General suitability for the position;
6. The needs of the district.

All professional employees shall be properly licensed as required by statutory enactment and the Iowa Department of Education.

Announcement of the position will be posted online, as required; on the school district website; and in each school building. Teaching vacancies identified during the school year that must be filled during the same school year shall be exempt from the five-day internal notice period. Teaching vacancies identified for the following school year after May 15^th will be exempt from internal notice. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired.

The superintendent shall make a recommendation to the board and the board shall approve any recommendation prior to any individual being employed by the board.  The board may delegate the hiring of teachers to the superintendent.  However, the superintendent will have the authority to employ an employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.

 

 

(June 15, 1992; April 18, 2011; June 18, 2012; January 19, 2015, July 24, 2017; June 10, 2019)

 

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. Persons.

 

If the complaint cannot be resolved, the employee may discuss the matter with their immediate supervisor. If the matter cannot be resolved within 7 days of speaking with the immediate supervisor, the employee may discuss it with the principal within 7 days of the supervisor's decision. If the matter cannot be resolved by the principal, the employee may discuss it with the superintendent within 7 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; 279.8

 

Approved: December 4, 2023

Reviewed: December 4, 2023

Revised: December 4, 2023

 

Employees shall be provided leave as required under federal, state or local law; as specified in board policy; as specified in a collective bargaining unit covering the employee; or as specified in the individual employee’s contract with the district.

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies. Employees may make requests for unpaid leaves of absence.  Such requests shall be submitted in writing to the superintendent or designee at least five (5) work days in advance except in cases of emergency, in which case authorization must be requested as soon as possible and in no event more than five (5) work days after the absence.  Such requests will be considered individually on their own merits and in accordance with the applicable collective bargaining agreement, if any, and state and federal law. 

The superintendent or designee will have complete discretion to grant or deny the requested unpaid leave.  In making this determination, the superintendent will consider the effect of the employee’s absence on the education program and school district operations, the financial condition of the school district, length of service, previous record of absence, the reason for the requested absence, and other factors the superintendent believes are relevant in making this determination.

If unpaid leave is granted, the duration of the leave period is coordinated with the scheduling of the education program whenever possible, to minimize the disruption of the education program and school district operations.

 

 

(April 18, 2011; June 18, 2012; January 19, 2015; June 10, 2019)

 

Licensed Employees

A licensed employee who wishes to resign must notify the superintendent in writing prior to May 1 if the resignation is to take place at the end of the current school year/contract period.  The superintendent will refer the resignation to the Board of Directors with recommendations.

Whenever a licensed employee resigns from a signed contract for the following year after May 1, the Board will determine whether or not to grant the release.  The Board may stipulate conditions of such a release such as the need to locate a suitable replacement prior to the granting of a release.

If the Board grants a release, unless otherwise stipulated, a condition for the release will be the employee’s agreement to pay costs related to obtaining and selecting a replacement for the position that ultimately becomes vacant as a result of their resignation.  Costs for seeking a replacement shall be limited to a maximum of $500.00 and may include, but are not limited to:  travel expenses, postage and phone charges, and non-administration staff time used in recruiting, screening, interviewing, and selecting a candidate for replacement.  Upon making the request for a release from contract, the certified employee will be requested to sign a statement designating that they are willing to pay the above replacement costs by either:  (1) Withholding the correct amount from their final payroll check; (2) By making a deposit of the maximum amount with the district with unused portion to be returned when the total is known, or (3) A specified payment plan agreed upon by the administration.  Failure to sign the statement may result in a denial of the release from contract.  At its discretion the Board may elect not to assess a charge.

Whenever a licensed employee resigns from a signed contract for the following year after June 1, the Board will usually not grant a release.  If a release is granted the same replacement cost conditions as listed for after May 1 shall apply.  However, after June 1 the Board will consider resignations on a case-by-case basis, and approval will be granted only to those considered to be in the best interest of the district.

If a licensed employee should fail to fulfill contractual obligations without obtaining a proper release, the Superintendent is authorized to file a complaint with the Iowa Board of Education Examiners.  Should such an instance arise, the resignation of the employee may be accepted under protest, or the employee may be terminated so that replacement staff may be hired without jeopardizing the legal rights of the district while the district continues with its complaint with the Iowa Board of Educational Examiners.  Further, the school district may seek compensation for damages from the employee if an employee fails to perform their contractual obligation having failed to obtain a release. 

 

Classified Employees

Classified employees who wish to resign during the school year must notify the superintendent in writing of their intent to resign and final date of employment and cancel their contract or employment within fourteen (14) days prior to their last working day.  The superintendent will refer the resignation to the Board of Directors with recommendations.

 

 

(September 21, 1992; May 17, 1999; May 21, 2001; March 21, 2011; June 18, 2012; January 19, 2015; June 10, 2019)

 

Employees who will complete their current contract with the board may apply for retirement.  No employee will be required to retire at a specific age.

Application for retirement will be considered made when the employee states in writing to the superintendent, no later than the date set by the board for the return of the employee’s contract to the board, if applicable, the intent of the employee to retire.  The letter must state the employee’s desire to retire.  Applications for retirement made after the date set by the board for the return of the employee’s contract to the board, if applicable, may be considered by the board if special circumstances exist.  It is within the discretion of the board to determine whether special circumstances exist.

Board action to approve a licensed employee’s application for retirement is final, and such action constitutes nonrenewal and/or termination of the employee’s contract effective the day of the employee’s retirement.

Employees and their spouse and dependents who have group insurance coverage through the school district may be allowed to continue coverage of the school district’s group health insurance program, at their own expense, by meeting the requirements of the insurer.

 

 

(June 15, 1992, November 16, 2009; March 21, 2011; June 18, 2012; January 19, 2015; June 10, 2019)

 

Employees will perform their assigned job, respect and follow board policy, and obey the law.  The superintendent may discipline an employee for violation of the policies, regulations and rules of the school district; for violation of state and/or federal law; and/or for other conduct that impacts job performance.

Warnings, reprimands, or other disciplinary action may be in writing, should be communicated to the teacher or other employee, and may be included in the teacher’s or other employee’s personnel file.

The superintendent is authorized to suspend an employee pending board action on a discharge, for investigation of charges against the employee, for reasons related to staff and student safety, and for disciplinary purposes.  In the event of a suspension, appropriate due process will be followed.  It is within the discretion of the superintendent to suspend an employee with or without pay.

In case of suspension without pay, the superintendent shall give written notice of the reasons for the suspension without pay, and the employee shall have an opportunity to respond to the reasons before action is taken to suspend without pay.  The superintendent shall review the reasons for the suspension and any response by the employee, and make a determination whether there are reasonable grounds to believe the reasons are true and support the suspension without pay.  The superintendent’s determination shall be in writing, should be given to the teacher or other employee, and should be placed in the employee’s personnel file.

 

 

(September 19, 1988; June 15, 1992; June 18, 2012; January 19, 2015; June 10, 2019)

 

The superintendent or designee has authority to suspend the services of any employee, as permitted under law.  The superintendent or designee shall make a recommendation to the board regarding the employee’s employment with the district.  The board shall take action as to whether or not to terminate the employee’s employment with the district, as required and/or permitted under law.

The superintendent, the superintendent’s designee and the board shall follow all applicable procedures and provide appropriate due process as required under the law and/or as required in a negotiated labor contract, if any.

 

 

(June 9, 1980; June 15, 1992; August 13, 2012; January 19, 2015; June 10, 2019)

 

Policy 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 

 

Approved: April 3, 2023

Reviewed: April 3, 2023

Revised: April 3, 2023

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