Code No. 401.01
EQUAL EMPLOYMENT OPPORTUNITY
The Morning Sun 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, upgrading, 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 shall be given notice of this policy annually.
The board will appoint an affirmative action coordinator. The affirmative action coordinator will have the responsibility for drafting the affirmative action plan. The affirmative action plan will be reviewed by the board at least every two years.
Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply. In employing individuals, the board shall consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, national origin, religion, age, sexual orientation, gender identity, disability or sexual orientation. In keeping with the law, the board shall consider the veteran status of applicants.
Prior to a 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.
Approved 08/23/94
Reviewed 11/13/94; 11/9/98; 11/10/03; 12/8/08; 11/13/13; 5/15/19; 11/21/23
Revised 10/11/04; 8/13/07
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS Page 1 of 2
Code No. 401.2
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EQUAL EMPLOYMENT OPPORTUNITY
Advertisements and notices for vacancies within the district will contain the following statement: "The Morning Sun Community School District is an EEO/AA employer."
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, shall be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Morning Sun Community School District, PO Box 129, Morning Sun, Iowa 52640; or by telephoning (319) 868-7701.
Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights, U.S. Department of Education, 310 W. Wisconsin Ave., Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111 or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50309-1004, (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
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS Page 2 of 2
Code No. 401.02
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EMPLOYEE CONFLICT OF INTEREST
Employees' use of their position with the school district for financial gain shall be considered a conflict of interest with their position as employees and may subject employees to disciplinary action.
Employees have access to information and a captive audience that could award the employee personal or financial gain. No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the superintendent. If the approval of the superintendent is given, the employee must conduct the solicitations within the conditions set by the superintendent. Further, the superintendent may, upon five days' notice, require the employee to cease such solicitations as a condition of continued employment.
Employees will not act as an agent or dealer for the sale of textbooks or other school supplies. 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 shall be deemed to exist shall include, but not be limited to, any of the following:
(1) The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies or the use of the school district's badge, uniform, business card or other evidences of office to give the employee or the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public. For purposes of this section, a person is not "similarly situated" merely by being related to an employee who is employed by the school district.
Approved 8/23/94
Reviewed 11/13/95; 11/9/98; 11/10/03; 12/8/08; 11/13/13; 5/15/19; 11/21/23
Revised 01/11/12
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS Page 1 of 2
Code No. 401.02
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EMPLOYEE CONFLICT OF INTEREST
(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: Iowa Code §§ 20.7; 68B; 279.8; 301.28
7 C.F.R. 3016.36(3)
Cross Reference: 203 Board of Directors' Conflict of Interest
402.4 Gifts to Employees
402.6 Employee Outside Employment
404 Employee Conduct and Appearance
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS Page 2 of 2
Code No. 401.03
NEPOTISM
More than one family member may be an employee of the school district. It shall be within the discretion of the superintendent to allow one family member employed by the school district to supervise another family member employed by the school district subject to the approval of the board.
The employment by the board of more than one individual in a family shall be on the basis of their qualifications, credentials and records.
Legal Reference: Iowa Code §§ 20; 71; 277.27; 279.8 (1993).
Cross Reference: 203 Board of Directors' Conflict of Interest
405.2 Licensed Employee Qualifications, Recruitment Selection
411.2 Classified Employee Qualifications, Recruitment Selection
Approved 8/23/94
Reviewed 11/13/95; 11/9/98; 11/10/03; 12/8/08; 11/13/13; 5/15/19; 11/21/23
Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 401.04
EMPLOYEE COMPLAINTS
Complaints of teachers against fellow employees shall be brought directly to the immediate supervisor or superintendent and shall be made in a constructive and professional manner. Complaints shall never be made in the presence of other teachers, employees, students or outside persons.
Legal Reference: Iowa Code §§ 20.7, .9; 279.8 (1993).
Approved 8/23/94
Reviewed 11/13/95; 11/9/98; 11/10/03; 12/8/08; 11/13/13; 5/15/19; 11/21/23
Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 401.05
EMPLOYEE RECORDS
The school district shall maintain personnel records on employees. The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.
The records shall include, but not be limited to, records necessary for the daily administration of the school district, salary records, evaluations, application for employment, references, and other items needed to carry out board policy. Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility. Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.
Employees may have access to their personnel files and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee. The school district may charge a reasonable fee for each copy made except the total amount charged for all copies cannot exceed $5.00. However, employees will not be allowed access to the employment references written on behalf of the employee. Board members will generally only have access to an employee's file when it is necessary because of an employee related matter before the board.
It shall be the responsibility of the superintendent to keep employees' personnel files current. The board secretary shall be the custodian of employee records.
It shall be the responsibility of the superintendent to develop administrative regulations for the implementation of this policy.
Legal References: Iowa Code chs. 20; 21; 22; 91B (1993).
Cross References: 212 Closed Sessions
215 Board of Directors' Records
708 Care, Maintenance and Disposal of School District Records
Approved 8/23/94
Reviewed 11/13/95; 11/9/98; 9/13/00; 11/10/03; 12/8/08; 11/13/13; 5/15/19; 11/21/23
Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 401.05R1
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EMPLOYEE RECORDS REGULATION
Employee Personnel Records Content
1. Employee personnel records may contain the following information:
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:
3. The following are considered public personnel records available for inspection:
Code No. 401.05R1
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EMPLOYEE RECORDS REGULATION
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:
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.
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:
Legal References: 20 U.S.C. §7926
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: 11/21/23
Reviewed: 7/9/24
Revised
Code No. 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. Reimbursement for expenses will be allowed only if the employee received authorization for the expenses from the superintendent prior to the expenditure.
It shall be the responsibility of the superintendent to determine whether the requested trip is appropriate school district business for which actual and necessary expenses should be reimbursed to the employee.
The school district may pay the transportation costs for travel between school buildings during the performance of their duty. The mileage reimbursement rate will be four cents below the Internal Revenue Service reimbursement rate.
Legal Reference: Iowa Code §§ 70A.9-.11 (1993).
1980 Op. Att'y Gen. 512.
Cross Reference: 216.3 Board of Directors' Member Compensation and Expenses
401.10 Credit Cards
711 Transportation
Approved 8/23/94
Reviewed 11/13/95; 11/09/98; 11/10/03; 12/08/08; 11/13/13; 5/15/19; 11/21/23
Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 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 shall seek prior approval from the board.
Legal Reference: Iowa Code § 279.8 (1993).
1980 Op. Att'y Gen. 102.
Cross Reference: 407.3 Licensed Employee Retirement
413.2 Classified Employee Retirement
Approved 8/23/94
Reviewed 11/13/95; 11/9/98; 11/10/03; 12/08/08; 11/13/13; 5/15/19; 11/21/23
Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 401.09
EMPLOYEE POLITICAL ACTIVITY
Employees shall 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 8/23/94 Reviewed 11/13/95; 11/9/98; 11/10/03; 12/8/08; 11/13/13; 11/21/23 Revised: 6/13/19
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 401.10
CREDIT CARDS
Employees may use school district credit cards for the actual and necessary expenses incurred in the performance of work-related duties. Actual and necessary expenses incurred in the performance of work-related duties include, but are not limited to, fuel for school district transportation vehicles used for transporting students to and from school and for school-sponsored events, payment of claims related to professional development of the board and employees, and other expenses required by employees and the board in the performance of their duties.
Employees and officers using a school district credit card must submit a detailed receipt in addition to a credit card receipt indicating the date, purpose and nature of the expense for each claim item. Failure to provide a proper receipt shall make the expense a personal expense. Personal expenses shall be reimbursed to the school district no later than ten working days following use of the school district's credit card. In exceptional circumstances, the superintendent or board may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances shall be maintained as part of the school district's record of the claim.
The school district may maintain a school district credit card for actual and necessary expenses incurred by employees and officers in the performance of their duties. The superintendent may maintain a school district credit card for actual and necessary expenses incurred in the performance of the superintendent's duties. The transportation director may maintain a school district credit card for fueling school district transportation vehicles in accordance with board policy.
It shall be the responsibility of the superintendent to determine whether the school district credit card use is for appropriate school business. It shall be the responsibility of the board to determine through the audit and approval process of the board whether the school district credit card use by the superintendent and the board is for appropriate school business.
The superintendent shall be responsible for developing administrative regulations regarding actual and necessary expenses and use of a school district credit card. The administrative regulations shall include the appropriate forms to be filed for obtaining a credit card.
Approved 8/23/94
Reviewed 11/13/95; 11/9/98; 11/10/03; 12/8/08; 11/13/13; 5/15/19; 11/21/23
Revised
Legal Reference: Iowa Constitution, Art. III, § 31.
Iowa Code §§ 279.8, .29, .30 (1993).
281 I.A.C. 12.3(1).
Cross Reference: 216.3 Board of Directors' Member Compensation and Expenses
705.3 Payment for Goods and Services
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 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 Board Secretary. 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 (2013).
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 Reviewed; 11/21/23 Revised
Policy No. 401.12
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.
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 Reviewed; 11/21/23 Revised
Policy No. 401.12R1
EMPLOYEE USE OF CELL PHONES REGULATION
1. Cell phones shall be used in a manner that does not disrupt instruction and should not be used during school-sponsored programs, meetings, in-services, or other events where there exists a reasonable expectation of quiet attentiveness unless there is a reason of personal health or safety involved.
2. Cell phones should not be used to transmit confidential student or personal information either verbally or written.
3. Employees are prohibited from using a cell phone while driving as part of their work duties, unless in the case of an emergency, unless the vehicle has come to a complete stop and the gear is in park.
Cell Phone Business Procedures
School district employees may be reimbursed for use of privately owned cell phones to conduct school district business in accordance with board policy and this regulation, with prior approval of the superintendent.
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.
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 the 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: 8/12/21
Reviewed: 10/18/22; 11/21/23
Revised: