1. education
2. school

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Sample Affirmative Action Plan
This sample is not intended to answer all questions concerning affirmative action practices or procedures. IASB is
available to assist member school districts in complying with equal opportunity and affirmative action obligations.
This publication is designed to provide accurate and authoritative information regarding the subject matter covered. It
is furnished with the understanding that IASB is not engaged in rendering legal or other professional services. If legal
advice or other expert assistance is required, the service of a competent professional person should be sought.
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Table of Contents
Introduction ........................................................................................................................... 3
Chapter I - Background and Duties of Boards of Directors .................................................. 5
Affirmative Action Plan Outline..................................................................................... 5
Chapter II - The Quantitative Analysis ................................................................................. 10
Demographic Data .......................................................................................................... 10
Preparation of Numerical Goals and Timetables as Appears in the Rules ..................... 14
Example One .................................................................................................................. 14
Example Two ................................................................................................................. 15
Chapter III - Qualitative Analysis ......................................................................................... 16
Policies and Practices Questions..................................................................................... 16
Example One................................................................................................................... 19
Example Two .................................................................................................................. 21
Numerical goals .............................................................................................................. 21
Qualitative Goals and Strategies ..................................................................................... 22
Chapter IV - Implementation ................................................................................................ 24
Dissemination of Policies and Plans ............................................................................... 24
Appendix A – Laws and Rules .............................................................................................. 26
The Iowa Law ................................................................................................................. 26
Related Statutes and Regulations .................................................................................... 27
The Department of Education Rules ............................................................................... 30
Appendix B - Sample Data Sheets -- See http://www.ia-sb.org/HumanResources.aspx?id=7600
Appendix C - Affirmative Action Plan Forms -- See http://www.ia-sb.org/HumanResources.aspx?id=7600
Form 1 - Worksheet for Work Force Analysis
Form 2 - EEO-5 Form
Form 3 - Factors for Determining a Relevant Labor Market
Form 4 - Promotability Analysis
Form 5 - Availability/Representation/Underrepresentation
Form 6 - Vacancies for Past Two Years
Form 7 - Projected Vacancies
Form 8 - Mobility Analysis
Form 9 - Applicant and New Hire Log
Form 10 - Promotion and Transfer Log
Form 11 - Exit Analysis
Form 12 - Analysis of Referral Services
Form 13 - Analysis of Progress and New Goals
Form 14 - Affirmative Action Information
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Introduction
Iowa law requires each school corporation to adopt an equal employment opportunity and affirmative action plan, and
to review and update that plan every two years. This manual is provided to members of the Iowa Association of
School Boards to assist in preparation of their plans to meet the provisions of the statute and the Department of
Education (DE) Rules. Constitutional and other aspects of federal and state law dealing with affirmative action and
anti-discrimination issues are the subject of current, pending litigation. The legal issues are intricate and complex and
it is not the function of this manual to review the current status of the law. IASB members, however, should be aware
that this is an ever-changing area of law and one that is not well-settled.
Employment discrimination law is very complicated. The crucial concepts are discussed directly or indirectly
throughout this manual. It is essential that individuals who participate in the response to Iowa laws and rules discussed
in this manual be aware of the following legal concepts:
1. An affirmative action “goal” is not a rigid “quota” or a “set-aside” of a specific position for a person
of a particular race, gender or disability.
2. The key definition is that of a “relevant labor market area,” which is the specific geographical area in which
candidates for a specific job can reasonably be recruited.
3. The “relevant labor market area” is not the same for all positions in the workforce of a school district, area
education agency (AEA) or community college.
4. Whether a “goal” is needed because, for example, women or minorities are “under represented” in a specific
job is determined by the availability of qualified people in the relevant labor market and the race or gender
composition of those qualified individuals.
5. Any “goals” that are adopted as a part of the process of developing an affirmative action program must be
temporary to eliminate existing underrepresentation and not aimed at maintaining a fixed percentage of a
particular group in a workforce.
6. Individuals are not terminated or laid off to eliminate existing underrepresentation.
7. “Goals” are established based on the demographic composition of the “relevant labor market area” and not on
the demographic composition of the school district population, the AEA, or the community college district.
8. Accomplishment of affirmative action “goals” is to occur in connection with the recruitment, appointment,
assignment and advancement of personnel.
Iowa employers, including school districts, AEAs and community colleges, have been subject to federal and state antidiscrimination laws since 1965. In addition, education institution activities have been monitored by the Office of Civil
Rights of the U.S. Department of Education. The Iowa statute mandates the Department of Education to monitor the
efforts and results of compliance with the affirmative action law. Since that law took effect, a variety of changes have
occurred.
The DE rules on affirmative action requirements are published in the Iowa Administrative Code (see Appendix A).
Those rules require each school corporation to report the race and gender of licensed personnel no later than December
31 each year. The reports submitted are part of the Basic Education Data Survey, known as BEDS.
The term “affirmative action” can be used in many ways. Employers who violate anti-discrimination laws have been
ordered by courts and agencies to take “affirmative action” as a remedy. Federal contractors are required to take
“affirmative action” with respect to the employment of women, minorities and the disabled. Some employers adopt
affirmative action plans voluntarily. Many states, including Iowa, have imposed affirmative action requirements on
governmental units. Under the Iowa law, “affirmative action” is defined as “action appropriate to overcome the effects
of past or present practices, policies, or other barriers to equal employment opportunity.”
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Numerous federal and state laws prohibit employment discrimination based on race, color, religion, sex, age, national
origin, citizenship status and disability. Virtually all employers, including governmental entities, employment agencies
and labor unions, are affected by the requirements of these laws. The major equal opportunity and affirmative action
laws that govern school corporations are listed in Appendix A.
These anti-discrimination laws and affirmative action requirements are closely related. While affirmative action plans
are intended to help overcome past barriers to equal employment opportunity, these plans will be subject to critical
review by courts if they require employment decisions be made based upon a protected status (such as quotas based on
race or gender). These plans can be found to constitute “reverse discrimination” against the majority class. Employers
must be cautious that their affirmative action plans, which are intended to remedy past discrimination, do not continue
discriminatory practices.
For example, the United States Supreme Court has said:
"Public schools, like other public employers, operate under two interrelated constitutional duties. They are under a
clear command from this Court, starting with Brown v. Board of Education, 349 U.S. 294, (1955), to eliminate every
vestige of racial segregation and discrimination in the schools. Pursuant to that goal, race-conscious remedial action
may be necessary. On the other hand, public employers, including public schools, also must act in accordance with a
'core purpose of the Fourteenth Amendment' which is to 'do away with all governmentally imposed distinctions based
on race.' These related constitutional duties are not always harmonious; reconciling them requires public employers to
act with extraordinary care. In particular, a public employer like the Board must ensure that, before it embarks on an
affirmative action program, it has convincing evidence that remedial action is warranted."
Wygant v. Jackson Board of Education, 476 U.S. 267, 277 (1986) (citations omitted).
Because the legal issues in this area are intricate, complex, and changing, school districts should review this issue with
their legal counsel, especially if the plan is to require that employment decisions take into account classifications such
as race, gender or disability. Plans that do not use quotas or require that employment decisions be made based on race,
gender or disability, but rather focus on recruitment and aspirational goals, will have an easier time meeting the
constitutional requirements.
This manual addresses the implementation issues of Iowa’s affirmative action law through these chapters:
Chapter I contains a description of what the Board of Directors of a school corporation is required to do.
Chapter II describes the activities of the affirmative action coordinator and the quantitative analysis that must be done.
Chapter III presents issues that relate to policies and practices, both formal and informal, in the operation of personnel
systems.
Chapter IV describes the implementation at the local level of an affirmative action plan adopted in compliance with the
rules.
The Appendices contain the Iowa law and rules on affirmative action that apply to school districts, area education
agencies (AEAs) and community colleges, as well as samples of statistical data and forms to use when preparing a
plan.
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Chapter I - Background and Duties of Board of Directors
The Iowa Civil Rights Act prohibits discrimination in employment because of the age, race, creed, color, gender,
national origin, religion or disability of an applicant or employee. In addition, the law prohibits unfair or
discriminatory practices by any educational institution on the basis of race, creed, color, sex, national origin, religion
or disability in any program or activity. There are also federal laws that prohibit discrimination.
Iowa law provides that an individual shall not be denied equal access to school district, AEA or community college
employment opportunities because of race, creed, color, religion, national origin, sex, age or physical and mental
disability. The director of the DE is required to promote fair employment practices and the State Board of Education is
required to adopt rules that require the school corporations to take specific steps to accomplish the goals of equal
employment opportunity and affirmative action in the recruitment, appointment, assignment and advancement of
personnel.
Each school corporation must develop affirmative action standards and submit annual reports on its accomplishments
and programs to DE. The director of DE must compile those reports and submit the results and a director’s report to
the Department of Management (DOM) each year.
The DE rules concerning affirmative action apply to the three types of Iowa public school corporations: a local school
district, AEA or community college. The DE rules define relevant terms, and specify the duties of the boards of
directors under the law, the components of the affirmative action plan that each agency must develop, and the process
for developing and implementing the plan. Under the rules, an affirmative action plan must contain measures designed
to help reduce underrepresentation of a racial/ethnic group, women, men or persons with disabilities.
Affirmative Action Plan Outline
Each school corporation is required to adopt an affirmative action plan, and update and review the plan every two
years. Each plan will be unique because it will be based on the labor market and employment patterns of each district,
and revisions will be affected by the effectiveness of prior affirmative action efforts. All school corporations should
analyze their own practices and policies to determine what actions are appropriate for accomplishing the purpose of the
law and the rules. Suggested major headings for the table of contents of a plan are:
I. Policy Statement by Board of Directors
A. General Policy Statement
B. Description of Method of Program Dissemination
C. Complaint Procedure
II. Program Coordinator Position
A. Board Assignment to a Person
B. Description of Responsibilities
III. Quantitative Analysis and Summary
A. Workforce Analysis
B. Summary of Changes Accomplished Under Previous Plan
C. Identification of Problem Areas
IV. Qualitative Analysis Summary
V. Numerical Goals and Timelines
VI. Qualitative Goals and Strategies
VII. Internal Monitoring and Reporting - An Administrative Statement
It is important to remember that the rules required school corporations to adopt plans by July 1, 1990, and the plans
“shall be evaluated and updated on a biennial basis.” 281 I.A.C. 95.4(2). The written plan should remain on file in the
central administration office. Each updated plan is required to contain an administrative statement, dated and signed by
the chief executive officer. The signed statement will be evidence of timely compliance with the law and should
include a description of the internal system for auditing and reporting progress.
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Local Board Responsibilities: Timetable and Discussion
The DE rules are quite specific that plans must be evaluated and updated on a biennial basis. Most of the detail work
will be performed by members of the staff, but there are some actions that must be taken by the board.
The board must adopt the initial affirmative action plan and ensure that it is evaluated and updated every two years.
There is no specific date that an existing plan must be updated. A favorable month to begin the review process might
be October or November because all school districts must file the BEDS questionnaire by October 15 (based on
student enrollment as of the third Friday of September), and the information in that report is relevant to an affirmative
action plan. The process of review could take a couple months. Having the updated plan complete before spring, when
most recruitment occurs, may enhance the accomplishment of the goals of the plan.
This schedule could also be used by a newly organized district in adopting the initial affirmative action plan for the
new district. The relevant labor market areas may change for districts that have been reorganized as well as other
elements of both the quantitative and qualitative analysis.
Table 1: Board Action for Updating Plan
Timetable
Action
In Board meeting of month
Re-designate person to be affirmative action coordinator
chosen to begin process
At Board meeting following the • Adopt policy on equal employment opportunity and
start of process
affirmative action.
• Review plans to update affirmative action plan.
• Review process used for obtaining “systematic input.”
Decide whether to continue that process or adopt a new
process.
Two months later
• Receive results of analyses and recommendation for an
affirmative action plan from coordinator.
• Adopt the updated affirmative action plan.
• Direct that the affirmative action plan be implemented.
Six months after
Receive report from coordinator on progress in implementation.
As required by DE
Submit report as part of the Basic Educational Data Survey
(BEDS) document to DE.
Designation of Affirmative Action Coordinator
The first step for the board is to decide if the person who is the current affirmative action coordinator will continue in
that position. That person will be a staff member, and in most districts it will be the same person who has the
responsibility for nondiscrimination and multicultural, nonsexist activities. In many districts, this is the superintendent.
In larger districts, it may be the person in charge of personnel, such as an assistant superintendent or human resources
director. Based on the superintendent’s recommendation, the board by official action should assign the responsibility
of the affirmative action coordinator to a specific person. It is recommended that the job description of the person
designated be revised, if necessary, to reflect the assignment.
Community colleges and AEAs have different structures and needs that will affect the choice of the coordinator. The
employee might be the same person who has been assigned to coordinate efforts to comply with laws and programs
that require nondiscrimination in educational programs and employment.
When designating the coordinator, the board should establish a date for the coordinator to report back to the board with
a recommended policy statement and a later date for the coordinator to submit a proposed written plan or revised plan
for board consideration and action.
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Systematic Input Methods
The rules require the board to “obtain systematic input from diverse racial/ethnic groups, women, men and persons
with disabilities into the development and implementation of the plans.” 281 I.A.C. 95.5(4). The rules permit the use
of existing advisory committees or public hearing procedures used to receive similar input in connection with the
development of multicultural, nonsexist education plans. The law does not require the use of either of these methods,
and boards may develop a separate process for this input. The board should decide early what methods for input will
be used.
The development and revision of an affirmative action plan requires a technical analysis of data, with attention to
complex legal requirements. While “input” is to be received in the development and review process, it should be
remembered that the policy decisions, and ultimately the approval of the final document, are the responsibility of the
board of directors. The coordinator should be aware of the board’s policy positions as the information is gathered, and
the plan or revised plan is recommended to the board.
Adoption of Policies
The coordinator should submit to the board a proposed equal employment opportunity and affirmative action policy.
This policy must include a process for disseminating that policy and a complaint procedure dealing with equal
employment and affirmative action matters. Even if the policy is not amended, it should be re-adopted by the board as
a part of the biennial updating of the plan. The DE has developed sample policies. Whatever version is adopted will be
the policy of the school corporation.
Adopt Affirmative Action Program
Once the quantitative and qualitative analyses and other processes are completed and a proposed program developed
based on the result of the analyses, it must be presented to the board for action. As a part of the receipt of “systematic
input,” the board could hold a public hearing before adopting the plan. When the plan or revised plan is adopted, the
board should direct the administration to provide training on equal opportunity and affirmative action issues for all
employees who have a role in hiring or supervising other employees.
Progress Reports
The board should require a semiannual report from the coordinator to make certain that the commitments of the plan
are implemented. The annual report that is required by law is submitted to the DE as a part of BEDS.
Duties of Affirmative Action Coordinator in Updating Affirmative Action Plan
The coordinator, with assistance from other staff members, is responsible for preparing an updated affirmative action
plan every two years. Progress or lack of progress in reaching the goals of the previous plan must be identified in the
updated plan. Progress or lack of progress in completing qualitative goals of the previous plan must be identified and
summarized.
Table 2: Duties of Affirmative Action Coordinator in Update Process
Steps
1. Review equal opportunity and affirmative action policy. If changes are not made, submit to board for re-
confirmation. If changes are recommended, submit to board for action, noting the changes.
2. Analyze current workforce.
3. Compare current workforce with workforce composition shown in previous plan.
4. Prepare a summary of changes in workforce composition including changes in totals as well as the
demographic composition of the workforce.
5. Review relevant labor market areas used in the past and determine if they are appropriate or should be changed
for one or more job categories.
6. Review promotions made since previous plan was adopted.
7. Analyze promotability of current employees.
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8. Determine number and percentages of women, men, and minorities that are available for each job (or job
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
group) by the use of the following:
a. Qualified persons on promotable list.
b. Availability of individuals with requisite qualifications in the relevant labor market.
c. Analysis of the demographic composition of the applicants for positions during the past two years.
Compare demographic composition of current workforce for each job (or job group) with that of the relevant
labor market. Determine whether underrepresentation exists.
Examine vacancy trends and other factors such as enrollment trends and current budget if underrepresentation
exists. Estimate number of vacancies for the next two years for each job or job group.
Perform the qualitative analysis. Review what has been done under previous qualitative goals. If previous
goals were not accomplished, decide whether those goals were valid and if so, recommend them for
readoption. Determine if additional goals are needed and, if so, develop and recommend them to the board for
adoption.
Work with advisory committee or other process used for receiving systematic input.
Recommend goals, if needed, due to underrepresentation and the estimated time needed for reaching the goals
based on vacancy projections. If the qualitative analysis reveals problems in policies and practices, recommend
action and a schedule for implementation.
Submit proposed affirmative action plan to board for action.
Implement plan according to schedule, including annual dissemination of policies internally and externally.
Receive and process any complaints as provided by policies.
Two years after Step 1 occurred, begin new cycle to update plan.
Present updated affirmative action plan to board for approval.
Explanation
The coordinator should review the equal employment opportunity and affirmative action policy to determine if it needs
to be revised, and if it meets the specific requirements of the rules. The coordinator should be prepared to answer any
questions from the board, the employees, applicants, the media or the public concerning the policy.
New data must be collected for the quantitative analysis (see Chapter II). Some of the duties may be delegated to
others, particularly clerical work that is involved in gathering and compiling statistics. The responsibilities for the
analysis and determination of whether underrepresentation and barriers to equal employment opportunity exist should
not be delegated. The coordinator should emphasize to the board the importance of complying with the law when the
board adopts policies and the affirmative action plan. Further, the goals and strategies of the plan should be referenced
again when personnel decisions are considered by the administrative staff. If a recommendation is made to the board
for hiring or promoting an employee to a position that involves a job or job group for which an affirmative action goal
exists, information dealing with compliance with the plan should be provided to the board.
Information is needed to estimate the availability of qualified persons in the relevant labor market (other counties.) The
data samples provided in Appendix B show what you can obtain from
http://www.iowaworkforce.org/lmi/publications/affirm/counties.html or the Labor Market Information Services, Iowa
Workforce Development, 1000 East Grand Avenue, Des Moines, Iowa, 50319, phone: (515) 281-6462. Information
needed to analyze the district’s current workforce analysis should be available from the person responsible for
employee records.
A crucial step in the process is the comparison of the demographic characteristics of the current workforce with the
demographic characteristics of persons in the relevant labor market who have the required qualifications and skills.
For example, if there are 20 male administrators and there has never been a female administrator, and an administrator
position is open, recruitment efforts should target potential female applicants, including those on staff who hold the
appropriate license. During the recruitment process each year, the goals that have been adopted in the plan should be
reviewed by those who participate in any way in recruitment and selection.
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Even if the coordinator is convinced that no underrepresentation exists, vacancy data should be analyzed. A qualitative
analysis will be useful to identify sources of possible complaints by individuals when used as a preventive measure.
The law and rules state that “each school district, area education agency, and merged area school, should be required to
develop affirmative action standards . . . .” A quick determination that “underrepresentation” of women or minorities
does not exist, for example, will not suffice.
Adoption of the plan by the board does not mean the end of the coordinator’s work. The implementation should be
incorporated into the ongoing routine operation of the organization. Responsibility for maintaining the forms for
monitoring activity should be assigned to the person who keeps personnel records. Policies disseminated internally
and externally should include the equal employment opportunity and affirmative action policy. Possibilities for staff
training on equal opportunity and affirmative action should be explored and scheduled. The process for receiving
“systematic input” from “diverse” groups must be followed. If these things are done routinely, updating the plan every
two years should be relatively easy.
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Chapter II - The Quantitative Analysis
The quantitative analysis produces the information the school corporation needs to determine if underrepresentation
exists in the workforce and, if it does, what practical steps are needed to produce change consistent with applicable
legal principles. The first step in the quantitative analysis is collection of data. The current workforce must be analyzed
to identify its demographic characteristics. This analysis will be like a snapshot of the entire staff on a given date.
The workforce of any organization changes, and the rate of change varies. In education, most staff changes occur at
specific times, which makes planning easier than in those organizations or industries where there is little order or
predictability for vacancies. Using the same date for each update of the plan allows trends in vacancy rates to be
identified. Statewide trends appear in the data compiled through the BEDS reporting process.
Much of the preliminary work is clerical. The crucial step is to compare the composition of the current workforce with
the composition of qualified persons in the relevant labor market. This comparison forms the basis for deciding
whether numerical goals are necessary.
For school districts, the basic decision is simple. Most of the staff must hold Iowa licenses: administrators, teachers,
nurses, counselors and bus drivers. The remaining staff members do not: clerical workers, associates, food service
workers, custodial and maintenance workers. Because the qualifications for many school employees are established by
statute or rule, the relevant labor market is relatively easy to identify.
The result of the quantitative analysis should be the same no matter who does it. While the sequence in this manual and
in the rules appears to require the quantitative analysis to be done first, the quantitative and qualitative analyses should
occur at the same time.
Appendix C contains some of the forms needed to complete the quantitative analysis. Table 3 (below) lists job titles
that should be used by school districts and AEAs. Under federal law and rules, pursuant to Title VII, records are to be
kept. School districts with more than 100 employees have been required by federal law to submit reports that have the
label of EEO-5. The list in Table 3 is from the EEO-5 report (Appendix C, Form 2). Every job in a school district or
AEA should fit into one of these titles. Community colleges use the federal EEO-6 report form for the quantitative
analysis.
Demographic Data
Affirmative action programs are not limited to licensed employees. Data based on census and other information is
gathered on a continuing basis by Iowa Workforce Development. This information is particularly important in
connection with affirmative action planning for the classified staff. The data for the immediate area or labor market,
either the county where the agency is located or the Metropolitan Statistical Area (MSA) are the important ones. Many
school districts and all AEAs and community colleges include parts of several counties. The data from one county may
not be enough, even for classified employees. Only four Iowa universities or colleges award doctor’s degrees in
addition to master’s and bachelor’s degrees. Four more award masters in education degrees, as well as bachelor’s
degrees. School corporations located near the borders of Iowa may need to obtain county or MSA information from the
contiguous state, particularly where applicants are or can be recruited from the neighboring states.
Table 3: Job Titles for School Districts and Area Education Agencies
Full-Time Staff
Part-Time Staff
• Officers, administrators, managers
• Professional
• Principals
• Instructional
• Assistant principal, teaching
• All others
• Assistant principal, non-teaching
• Elementary classroom teachers
• Secondary classroom teachers
• Other classroom teachers
• Guidance counselors
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•
Psychologists
•
Librarian/audio-visual staff
Consultants and supervisor of instruction
Other professional staff
Education aides
Technician
Clerical/secretarial staff
Service workers
Skilled crafts
Laborers, unskilled
•
•
•
•
•
•
•
•
Current Workforce Worksheet
Do not be concerned about full-time equivalency, but do show which individuals are part-time workers. Put everyone
on it. For example, count the number of male high school teachers and do the same for female high school teachers and
so on. Include the race in the male and female sections.
Relevant Labor Market
What is the relevant labor market? Iowa law states that each school corporation “shall be required to develop
affirmative action standards which are based on the population of the community in which it functions, the student
population served, or the persons who can be reasonably recruited.” Iowa Code § 19B.11(2) (emphasis added). The
relevant labor market is the area in which recruiting should occur, and it will not be the same for each position.
Selecting the relevant labor market for the classified staff is the easiest. Ordinarily, people do not move to take an
hourly job. The standard for these hourly jobs tends to be a reasonable distance or time for commuting. For example,
many people commute to Des Moines to work from each of the counties that border Polk County. Different labor
market areas may be identified for different hourly positions. Iowa law prohibits school boards from having a policy
that requires employees to live in the district. See Iowa Code § 279.22 (1997).
Identifying the relevant labor market area for licensed staff is more complex. Courts have recognized a clear
distinction between appropriate statistical comparisons that may be made for entry-level positions or positions
requiring minimal training, and jobs that must be filled by people with special qualifications.
Because persons seeking licensed positions often are willing to relocate for them, the relevant labor market area is
much larger. State law and the DE rules establish the minimum requirements for the licensed staff. The threshold
decision is made easy; it is called “Iowa license.”
Generally, the relevant labor market for most teachers for school districts is the state of Iowa. For some specialists it
may be larger. On the borders of Iowa, the labor market may include the contiguous states. For administrators, Iowa is
the minimum area. Many districts should and do recruit regionally and even nationally for administrators. Preparation
of an affirmative action program requires a decision on this point. There may be a need to expand the labor market area
for recruitment purposes for some positions from what has been used in the past. Also, recruitment of licensed staff
may be much more difficult in some areas of the state than others. For example, school districts that are located near
teacher training institutions may have many more qualified applicants, some of whom may be minorities, for a vacant
position than other districts.
Selecting the relevant labor markets for some positions at AEAs and community colleges may be more complex.
Special qualifications and availability of people with those qualifications may cause the relevant labor market to be
much larger than those of school districts.
The rules require that the relevant labor market be identified for all jobs or job groups. A comparison between the
current workforce and the demographic makeup of the relevant labor market establishes the central issue of this entire
process. That comparison produces the answer to whether “underrepresentation” exists.
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Promotability
In identifying the relevant labor market, a district should remember that the current workforce may be a source of
applicants for some vacancies. Employees who are qualified for a promotion must be identified. In some instances, the
clerical staff may include licensed teachers. Also, many Iowa teachers have administrative endorsements.
When the relevant labor market has been determined for each job title, the most difficult step in the quantitative
analysis is next.
Availability Analysis
Whether underrepresentation exists is determined upon completion of Form 5 in Appendix C. “Underrepresentation”
means having fewer members of a racial/ethnic group, women, men or persons with disability in a particular job
category than would be reasonably expected based on their availability in the relevant labor market. 281 I.A.C. 95.2.
Factors to be considered in determining if underrepresentation exists include:
1. The percent of women, men, minorities and people with disabilities in the labor force in the relevant labor
market. The percent of unemployed women, men, minorities and persons with disabilities in the relevant labor
market.
2. The availability of women, men, minorities and persons with disabilities having the requisite qualifications in
the relevant labor market.
3. The availability of promotable and transferable women, men, minorities and persons with disabilities within
the organization.
4. The existence in the relevant labor market of institutions capable of training individuals in required skills.
5. The number of degrees conferred by those training institutions for women, men, minorities and persons with
disabilities in relevant disciplines.
6. The extent to which on-the-job training or additional training can be used as a way of making a job category
available to women, men, minorities and persons with disabilities.
The DE's data for the “relevant labor market” is the most important data for classified job groups. DE and college data
are the most important for licensed groups. However, it includes only those employed in the school year shown. The
“availability” figures are rough estimates, but those estimates must be made in good faith.
Identification of Underrepresentation
The major difficulty is the ambiguity of the data for determining the demographic characteristics of people in the
relevant labor market who possess the required qualifications. The Workforce Development statistics are not divided
into exact categories with respect to school employees. The statistics may overstate or understate the availability of
qualified individuals, particularly for licensed personnel. The data for clerical workers and other service workers are
more reliable because there are either no rigid statutory requirements or those that do exist are not difficult to meet,
such as the licensing requirements for school bus drivers.
If a district recruits at teacher training institutions, data should be obtained from them. Affirmative action data for
counties are available from the Iowa Workforce Development office at 1000 E. Grand, Des Moines, IA 50319, phone
(515) 281-5736.
The factors that should be considered in determining if underrepresentation exists are listed above. If only the
population of an Iowa community is weighed in this process, the vast majority of school districts and some of the
AEAs might never consider hiring a minority teacher or administrator even though they were available in the relevant
labor market of Iowa or the Midwest. There is no rigid standard that is likely to be applied as to the accuracy of the
availability determinations if a review of a plan occurs. Nevertheless, the statistics continue to be glaring statewide as
to the small percent of women in administration. Preparation of a plan for a newly reorganized district will be a
challenging process, especially if there was a reduction in total staff of the combined district.
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Some direct questions should be answered. Are there gross disparities between the existing workforce and the
availability data for a job group? Are women absent from administration? Are all clerical workers women and all
custodial workers men? Are all elementary teachers women? These are likely to be the most common problem areas.
Are minority persons available in the relevant labor market? For any job group? These questions help identify
underrepresentation.
Assuming the existence of underrepresentation in one or more job groups, the next step is to determine if changes are
possible. People cannot be dismissed or demoted to accomplish changes under affirmative action requirements. Iowa
law requires affirmative action to apply to recruitment, appointment, assignment and advancement of personnel, and
not to staff reduction or termination. Use of affirmative action in staff reduction creates significant legal concerns, and
in Wygant the United States Supreme Court struck down the practice. Therefore, the plan should focus on ways to
reduce underrepresentation during the course of the hiring process.
Projecting Vacancies in Establishing Goals
The purpose of affirmative action programming is to accomplish change, if needed, over time. Change, if it can occur,
must occur as people are hired, promoted or transferred due to vacancies or expansion in the workforce. If no one
leaves or the staff is reduced, change cannot occur.
Vacancies for the Past Two Years
The vacancy rate and pattern over the past two years will assist in projecting vacancies for the next two years. While it
may become apparent that unexpected vacancies can occur, over time, even in small school corporations, trends and
common reasons for vacancies should appear.
Projected Vacancies
By spring, most schools know the vacant licensed positions that will need to be filled before fall. Boards and
administrators will develop a list of expected vacancies, including any administrative vacancies. Vacancies should be
projected for a two-year period. In addition, long-range vacancy projections are useful.
Mobility Analysis
The mobility analysis should help show any barriers to the promotion of women. For example, a district might have
two teachers who began teaching in elementary school at the same time, both of whom have an administrative
endorsement. The male is promoted to principal while the woman is not, but she is leaving to take such a position
elsewhere. While failure to promote a female, a disabled staff member or a minority employee does not mean that
discrimination has occurred, the promotion process should be reviewed to be certain there are no barriers to
advancement.
A variety of other factors may need to be considered. Plans for whole-grade sharing and enrollment trends may have a
major impact on the projection of vacancies. Some school districts may have entered sharing agreements or have been
reorganized. Some school districts may be significantly affected by the open enrollment process. In a district where the
enrollment is growing rapidly, new positions should be included in the projection. The current fiscal picture may have
a major impact on vacancy projections in many school districts, AEAs and community colleges. Some schools may
face little or no employee turnover. All these factors will influence goal formulation.
It is important to be realistic in projecting vacancies. A district should not attempt to avoid a numerical goal by
incorrectly stating that no vacancies are expected. If there has been a history of high turnover, and a reasonable review
would have shown that trend would continue, it could appear that the district was trying to be certain it could continue
a discriminatory practice. A district could find it difficult to explain its actions if such a situation is discovered in a DE
review, or an investigation of a discrimination complaint.
The best way to deal with the vacancy analysis in the final plan, even if no vacancies are anticipated, is to describe
what will be done if unexpected vacancies occur and to adopt long-term goals. Few school corporations will
experience no vacancies over a two-year period.
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Preparation of Numerical Goals and Timetables as Appears in the Rules
If underrepresentation exists for one or more job groups, the vacancy data must be considered. Short-range goals may
be possible to change the demographic composition of the workforce during the next two years. If the
underrepresentation problems are serious or the projected vacancies are few, it is desirable to adopt long-range goals,
such as for a six-year period. If underrepresentation exists and no vacancy is expected, a goal should be adopted in the
event unexpected vacancies occur.
In two years, whether the goals have been accomplished will be determined and revisions can be made. A goal should
be expressed both as a number and a percentage.
Keep in mind at all times that “these goals shall not be treated as rigid and inflexible quotas that must be met, but as
reasonable aspirations toward correcting imbalance in the agency’s workforce. The goal shall not cause any group of
applicants to be excluded from the hiring process.” 281 I.A.C. 95.5(6).
It is extremely important to be clear about the difference between a numerical goal and a quota. A “quota” is a
requirement that a certain number of individuals of a classification be employed. A “goal,” however, is aspirational.
Good faith efforts to meet “goals” are required.
Deciding whether underrepresentation exists is difficult. Goals are necessary for the job groups in which gross
disparities are shown. As stated earlier, the boundary between constitutional and unconstitutional plans or goals
continues to be somewhat vague and is an area of ongoing and complex litigation.
Example One
Background
•
The school district enrollment at all levels is stable.
•
There are no plans to whole-grade share, and there are no open enrollment students either being sent or received.
•
There are no current plans to expand the educational offerings.
•
The current district staff is as follows:
Licensed Staff
Nine administrators, all male, including the superintendent, high school principal and assistant principal, junior
high principal and assistant principal, four elementary principals.
•
All elementary teachers are female, 60 percent of the high school teachers are female and 40 percent male.
•
Seventy percent of the junior high teachers are female and 30 percent are male.
•
All coaches of both boys and girls sports are male.
•
A new male elementary principal who was hired last year also became the girls’ high school track coach and an
assistant high school football coach.
•
A female junior high teacher on the staff who had good qualifications and an administrative endorsement was
rejected for the position and is leaving the district to take an administrative position elsewhere.
•
There are no minorities among licensed staff.
•
Vacancies
•
Anticipated vacancies: The assistant high school principal has resigned and is taking a job as a principal in another
district.
•
There are three vacancies on the teaching staff.
Hourly Staff
The bus driver and custodial staff members are all male.
•
The clerical and food service workers are all female.
•
The hourly staff includes one minority employee who is a custodian in an elementary school.
•
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Vacancies
•
There were no vacancies last year in the hourly staff and none are expected.
Summary
•
This example shows anticipated vacancies in the licensed staff. Therefore, that district would be expected to
construct goals to try to change for those positions where underrepresentation exists.
Example Two
Background
•
The district shares athletic and music programs with the neighboring district.
•
One-way, whole-grade sharing is being discussed to the extent that the high school classes may be sent to the
neighboring district. The current district staff is as follows:
Licensed Staff
Three administrators are men including the superintendent, junior high/high school principal and elementary
principal.
•
There are 22 teachers; 15 are women and seven are men.
•
The superintendent is planning to retire at the end of the school year.
•
Board anticipates sharing superintendent with contiguous district when he retires.
•
Vacancies
•
No vacancies anticipated in teaching staff.
•
The district has shared athletic and music programs with contiguous district.
•
Whole-grade sharing has been discussed.
Hourly Staff
•
Fifteen hourly employees, nine women and six men, most are part time.
•
Two bus drivers are women.
•
Clerical and food service workers are women.
•
Custodial staff of two men, one for each building.
Vacancies
No vacancies are expected.
•
Summary
In the second example, there are no vacancies expected and the number of employees will actually decrease. Even
if underrepresentation exists, a short-range goal would not be appropriate. A long-range goal could be used.
•
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Chapter III - Qualitative Analysis
A qualitative analysis is required by rule if the quantitative analysis shows underrepresentation. This does not mean
that a qualitative analysis should be omitted if there is no underrepresentation. Given the small number and
percentages of women in administrative positions in Iowa that continue to exist, many workforce analyses will reveal
underrepresentation of women in that job group. Given the low percentage of minority population in Iowa and the
concentration of the minority population in urban areas, underrepresentation of minorities may be less frequent. Some
of the qualitative factors to be examined under 281 I.A.C. 95.5(5) are actually quantitative in nature; thus the vacancy
analysis was included in the quantitative section.
A qualitative analysis is very desirable even if underrepresentation does not exist. Policies or practices that tend to
exclude, disadvantage, restrict or result in adverse impact on the basis of racial/ethnic origin, gender or disability,
should be identified and eliminated. One isolated incident can lead to a complaint of a violation under Title VII or the
Iowa Civil Rights law. An investigation of such a complaint is likely to include employment policies, practices and
documents, including the affirmative action plan. A careful review of policies and practices should be done by all
school corporations when the plan is updated.
If underrepresentation does not exist, it may be unnecessary to compile data about past applicants and the demographic
composition of the pool of past applicants. If records were not kept that show, for example, race and gender, such a
compilation will be difficult or impossible to gather.
If underrepresentation does exist, the qualitative analysis process should disclose the policies or practices, formal or
informal, which need to be revised to change the composition of the workforce over time. If the ones chosen under the
previous plan were not undertaken or not effective, new methods should be sought and implemented.
Policies and Practices Questions
The questions that follow are samples that may be used in the qualitative analysis to review current policies and
practices. They are not intended to be exhaustive. The DE has compiled a checklist for this process as well. A team
approach to consider such issues would be beneficial. Such a team could include members of an advisory committee,
administrators, licensed and classified personnel. Legal counsel should also be involved in the review of policies and
practices. Review of practices, policies and written documents may begin as soon as the coordinator is designated and
the work begins on the updating process. The questions that follow are grouped into general categories.
Recruitment
1. Is word-of-mouth recruitment the only method used for some or all positions?
2. Is a record maintained of advertisements used for the various types of positions?
3. Do advertisements include an equal opportunity statement?
4. Are referral sources, such as placement officers of educational institutions and employment agencies, notified
of the equal opportunity and affirmative action policies?
5. Do applicants receive a copy of the affirmative action policy statement?
6. Do organizations that assist in recruitment have policies or practices that will form a barrier to equal
opportunity for their clients?
7. Have vacancies been listed with appropriate agencies, placement offices and news media?
8. Do job descriptions exist for all major job classifications?
9. Are job descriptions supplied to applicants?
Hiring and Selection Criteria and Practices
1. Are applicants notified of the equal employment opportunity and affirmative action policies?
2. Are application forms used?
3. Do all applicants complete an application form?
4. Do those application forms include a statement of equal opportunity?
5. Are the application forms free of illegal inquiries?
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6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Are job description criteria considered during hiring?
Are the descriptions accurate, explaining the actual functions and duties?
Are the job descriptions gender-neutral?
Is the interview process free of illegal inquiries? (Example: marital status, job of spouse, child care
problems.)
Is the interview process structured to guarantee fairness to all applicants?
Do all individuals who are involved in conducting interviews receive training on questions to avoid
inappropriate inquiries?
Are interview questions restricted to job-related information?
In a salary step system does the decision as to the initial placement on the “step” have an impermissible
relationship to, for example, race, sex, age or disability, as shown by actual placements over time?
Is the affirmative action plan considered each time when dealing with a job category where
underrepresentation exists?
Are there written criteria for determining which applicants will be interviewed established before recruitment
begins?
Promotion, Transfer and Collective Bargaining Agreement
1. Are notices posted for all positions when vacancies occur?
2. Are impermissible factors such as sex, race, national origin, age or disability considered in promotion or
transfer decisions?
3. Are personnel who are involved in recruiting, selection, promotion, evaluation and related processes selected
and trained to ensure elimination of bias in all personnel actions?
4. Is there a special effort to include women and minorities in the group being considered for promotion or
transfer?
5. Is there a mentoring or staff assistance process in use?
6. Have efforts been made to use mixed criteria consistent with any bargaining agreements rather than straight
seniority in promotions, transfers and staff reductions?
Demotions, Terminations, Layoffs, and Recall Criteria and Practices
1. Are objective criteria used in making demotion, termination or layoff decisions?
2. Are the evaluation records of employees reviewed when these types of decisions are made?
Working Conditions and Compensation
1. Is there an employee evaluation system?
2. Is temporary disability related to pregnancy treated the same, in practice, as other temporary disabilities?
3. Does the application of the salary schedule/pay scale result in discrimination on the basis of race, sex, age or
disability, for example?
4. Is the board policy on affirmative action distributed to employees annually?
5. Is the cost to the employee for insurance and insurance coverage the same for male and female employees?
6. Are the costs to the employees and benefits of pension plans equitable for men and women?
7. Have steps been taken to ensure that harassment of employees based on gender, race, national origin,
disability, age, religion or marital status does not occur?
8. Are assignments of staff members to supplemental and extracurricular duties made on an equitable basis?
9. Are exit interviews held?
Complaint Procedures
1. Does the affirmative action policy contain a complaint process?
2. Are employees notified of their right to seek redress from government agencies such as the Iowa Civil Rights
Commission?
3. Are discrimination complaint records kept?
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The rules list a variety of issues that should be addressed in the qualitative analysis. The qualitative analysis involves
three types of items to be reviewed--formal policies, documents, and informal practices. The qualitative review will
benefit from the insight of a variety of people. If the written policies and documents appear to conform to equal
opportunity law and affirmative action concepts but serious underrepresentation has been identified in the quantitative
analysis, informal practices should be explored in depth by all people who are involved in the hiring process, including
the members of the board and legal counsel. Such a review should examine:
•
Provisions of written policies and documents, and
•
What is actually done; that is, informal practices that may conflict with written policies and documents.
Some of the issues listed above relate to matters that are often part of a discrimination case. Some of the questions
refer to things that the Iowa law requires school corporations to do. For example, job descriptions are required for “all
supervisory positions.” Iowa Code § 279.23A (1999). Evaluation criteria and procedures are also mandated by the
Code, and are subject to collective bargaining under the Public Employment Relations Act, Iowa Code chapter 20.
Collective Bargaining Issues
The vast majority of Iowa school corporations are engaged in collective bargaining and are subject to both Iowa Code
Section 19B.11, the statute that establishes affirmative action obligations of school corporations, and Chapter 95 of DE
rules. Labor organizations such as the Iowa State Education Association, its local associations, and American
Federation of State, County and Municipal Employees (AFSCME) are also subject to anti-discrimination laws which
extend protection to their respective staff and members. Issues may arise or exist in the collective bargaining process
or the labor agreement that impact affirmative action planning and compliance with section 19B.11 and the DE rules.
Employers need to carefully consider the implications of an equal employment opportunity or affirmative action clause
in a labor agreement. Such a clause might require an internal discrimination complaint to be subject to the grievance
procedure and result in binding arbitration. The employer may want to retain all aspects of processing internal
complaints about equal opportunity and affirmative action and omit language on affirmative action from the labor
contract.
The law and rules require affirmative action with respect to recruitment, appointment, assignment, and advancement of
personnel (Section 19B.11(2)). A collective bargaining agreement is not likely to have much impact on recruitment,
appointment or advancement of personnel. Nevertheless, some assignment decisions that affect affirmative action may
be affected by a labor agreement. For example, to fill a vacancy a district might have to choose between a newly hired
person or a transfer. If the choice is dictated by seniority rights in labor contracts, the result may hinder accomplishing
affirmative action goals. Labor organizations are not likely to forego seniority rights in their contracts.
Experience should demonstrate if serious or numerous conflicts will occur between affirmative action plans and
collective bargaining agreements. The effect of the collective bargaining agreement must be considered as part of the
qualitative analysis. If changes in the collective bargaining agreement are thought necessary to reduce
underrepresentation, the changes need to be addressed through bargaining.
Summarize the Results
The results of the qualitative analysis should be summarized with care. This provides the background information for
the final step of preparing the goals and strategies.
Preparation of Goals and Strategies
Goals and strategies are divided into two types: (1) goals with numbers and percentages of people and a timetable for
reaching each goal if possible; (2) qualitative goals such as changes in policies and practices, including changes in
existing documents or development of documents for use in the personnel system. These two kinds of program goals
are related but are considered separately. Preparation of numerical goals was described in Chapter II.
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Qualitative Goals and Strategies
The qualitative goals will be developed as a result of the qualitative review. If word-of-mouth has been the only
method for recruiting clerical workers in a community with a substantial minority population and all clerical workers
are white, the recruiting process is exclusionary, and a change in that process is a qualitative goal. This is equally true
if word-of-mouth is the method for recruiting teachers and administrators. It is not useful to list here all the possible
goals. The statement of a qualitative goal should specify the person or persons responsible for accomplishing it and a
time for doing so.
Ordinarily, an employer is expected to establish numerical goals if underrepresentation of women or minorities exists.
A numerical goal for employment of people with disabilities is unusual. If a workforce does not include any person
with a disability, however, a numerical goal might be necessary. If information about the composition of the current
staff is needed, surveying must be voluntary and the results kept separate from those making employment decisions.
For applicants and new employees, this information is often gathered in the application process. A review of this
information usually would occur in the quantitative analysis. The policies and practices in the hiring process should be
examined with care. A review of the workforce composition and hiring procedures could be one of the qualitative
goals. Appropriate action after such a review could be another goal.
Review of documents or the absence of documents should also produce ideas for qualitative goals. If the application
form contains sexist language, it should be changed. If it does not contain an equal opportunity-affirmative action
statement, then it should be added. If job descriptions do not exist or those that exist do not accurately describe duties
and functions or have not been reviewed recently, adopting or revising job descriptions can be a goal.
A strategy is defined as planning, directing and conducting specific activities to enable a goal to be met. For example,
a goal may be “to expand the advertising for licensed personnel in a five-state region.” The strategy may include
placing an ad in specific newspapers in the region. While the distinction between goals and strategies is mainly
academic, it is important that the district’s activities have a focus or a goal. A district should avoid developing
activities that are not linked to a goal.
A district should remember that goals are not to be treated as rigid and inflexible quotas, but as reasonable aspirations
toward correcting imbalance in the workforce. A goal cannot cause any group of applicants to be excluded from the
hiring process.
When goals and strategies are formulated, the coordinator submits them, along with the underlying documentation to
the board for consideration and adoption. As stated earlier, a public hearing may be a useful and practical way to
obtain some of the “systematic input” required by the rules.
Following are examples of goals and strategies that may appear in a written program. The district information is
fictional. The examples are not comprehensive and are not included as “models” to be copied. The qualitative analysis,
with input from an advisory committee, may produce far more goals and strategies than are provided within these
examples. The numerical goals are based on the assumption that underrepresentation exists.
Example One
School District A - analysis:
•
98.5 percent white community
•
Student body all white except three minority children (adopted by white parents)
•
Four white male administrators
•
Twenty-four white female teachers, 12 white male teachers
•
Female Teachers: 12 elementary, seven junior high, five high school
•
Male Teachers: three junior high, nine high school
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•
•
•
•
Twenty-five white support staff (five full time, 20 part-time)
Five full time support staff (four women, one man)
Part-time support staff: Six women, 14 men (two are former special education students)
No female bus drivers or custodians
Vacancies
•
No vacancies in administrative staff last two years -- none expected
•
Vacancy (immediate) - three female elementary teachers (one woman retiring, one moving, one returning to
school to obtain counseling and administration endorsements); two male teachers (one male junior
high teacher going into business but retaining coaching contract, one male high school teacher taking job in
bigger district)
•
No vacancies expected in hourly staff
Underrepresentation decision
•
No minority employees
•
No female administrators
•
No male elementary teachers
•
One male junior high teacher
Numerical goals
Licensed Staff
Responsibility
Time lines
1 male elementary teacher
2 male junior high teachers
1 minority teacher
1 female administrator
1 male elementary teacher
Board and administration
Board and administration
Board and administration
Board and administration
Board and administration
Next two years
Next two years
Next two years
Next six years
Next six years
Hourly staff
One female bus driver
One female custodian
Responsibility
Board and administration
Board and administration
Time lines
Next two years
Next two years
Qualitative Goals and Strategies
Task
Contact college placement offices
for identifying applicants
Advertise in statewide papers for
licensed staff
Contact employment service when
vacancies in hourly staff occur
Increase the number of female
support staff members
Review the current hiring,
placement, salary, schedule and
benefit package provided licensed
staff
Attempt to obtain services of
female workers on a substitute basis
until a vacancy occurs
Review job descriptions (15 years
old) for accuracy and sexist
language. Revise if necessary
Responsibility
Affirmative Action
Coordinator
Affirmative Action
Coordinator
Affirmative Action
Coordinator
Affirmative Action
Coordinator
Affirmative Action
Coordinator
Timelines
During June
Affirmative Action
Coordinator
During September
Coordinator and Committee
Before bargaining process
begins
During June
During June
During September
During September
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Example Two
School District B - analysis:
•
Community – 94 percent white, 6 percent minority (mix of races)
•
Community population and enrollment trend--increasing
•
Have received 30 open enrollment applications
•
One contiguous district asked to send all junior high students to district
•
Two hundred licensed staff
•
Ten administrators - all men
•
One superintendent
•
One assistant superintendent
•
High school principal, two assistant principals
•
One junior high principal, one assistant principal
•
Three elementary principals
•
One hundred-ninety teachers and counselors
•
Forty high school teachers: 25 men, 15 women (two minority men)
•
Twenty junior high teachers: 10 men, 10 women
•
One hundred-thirty elementary teachers (20 special education): 6 men, 124 women (four minority women)
•
Eighty hourly staff: 30 full time: 16 women, 14 men (all white)
•
Fifty part-time: 20 women, 30 men (two minority women)
Vacancy Projection
Licensed staff:
•
One assistant high school principal
•
One elementary principal
•
Five high school teachers are leaving: Two women, three men including one minority man who is completing
administrative endorsement and has job elsewhere as an assistant principal
•
One man and one woman junior high teacher leaving
•
Fifteen elementary teachers leaving: Two men, 13 women (four women are special education teachers, one
minority woman leaving)
•
District needs five more elementary teachers and two more junior high teachers because of growth
•
The following year will need to add: Four elementary, two junior high, two high school teachers
Hourly staff:
•
Three females leaving full time clerical staff
•
Five full time male bus drivers leaving
•
Three part-time female clerical workers leaving, including both minority women
•
Ten part-time male bus drivers leaving including minority man
•
Total resignations: Eight full time employees. Thirteen part-time employees.
•
Will need five more part-time bus drivers -- 26 total vacancies
•
In this year: 21 vacancies plus five to be added = 26 total
Underrepresentation identified
•
Women in administration
•
Minority employment has been appropriate, but with vacancies it will drop to underrepresentation status.
Numerical Goals
Licensed staff
1 administrative vacancy to be filled
by a woman
3 male teachers for elementary
(especially for special education)
3 minority teachers (one for special
education)
2 minority clerical staff (Job Service
data shows high availability rate)
Responsibility
Board and administration
Timelines
Next two years
Board and administration
Next two years
Board and administration
Next two years
Board and administration
Next two years
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Hourly staff
Responsibility
2 women bus drivers (full-time)
Board and administration
3 women bus drivers (job service
Board and administration
data shows high availability of women
seeking part-time work)
Timelines
Next two years
Next two years
Qualitative Goals and Strategies
Task
Expand recruitment activity for
licensed staff
Ask all three state school placement
offices to identify potential
applicants for accomplishment of
numerical goals
Advertise in minority media
Advertise in regional dailies in
addition to the Des Moines Register
Post vacancy on Iowa Education
Jobs Web site
Contact training institutions in
Missouri and Illinois for potential
applicants
Contact other state teacher training
institutions
Expand recruitment activity for
hourly staff
Contact Job Service in counties
where high school and elementary
schools are located
Personal contact with Job Services
in adjacent counties where
elementary and junior high schools
are located
Conduct survey of hourly staff to
identify cause of discontent
Review and update job descriptions
Conduct careful exit interviews
Review application forms and other
written documents in personnel
operations
Review benefit system
Responsibility
Board and administration
Timelines
Immediate and continuing
Board and administration
Immediate and continuing
Superintendent/Assistants
Superintendent/Assistants
Immediate and continuing
Immediate and continuing
Superintendent/Assistants
Immediate and continuing
Superintendent/Assistants
Immediate and continuing
Superintendent/Assistants
Immediate and continuing
Personnel Supervisor
Immediately
Personnel Supervisor
Immediately
Personnel Supervisor
Immediately
Affirmative Action
Coordinator
Personnel Officer/ Advisory
committee
Personnel
Officer/Affirmative Action
Coordinator
Affirmative Action
Coordinator
May and June
Personnel Officer
June
By November
Before end of school year
June
Summary of Sections of Written Affirmative Action Plan
The final document (initial or updated plan) that is adopted by the board should contain specific elements as required
by the rules. The chronology for the board action and the chronology for the affirmative action coordinator in Chapter I
should serve as continuing guides for the development of the plan. The following is a summary of the materials that
should be in the affirmative action plan.
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The plan should contain an equal employment opportunity policy and an affirmative action policy. The documents
should show they were adopted by the board. The program should also contain a formal statement designating the
person who is to be the affirmative action coordinator.
A completed analysis of the current workforce should be included in the document. Supporting materials should be
retained in case of a compliance review or civil rights investigation. Those materials will also be useful when the next
updating process begins.
The next section should summarize the workforce analysis and the identification of any underrepresentation that exists.
The progress or lack of progress in reaching numerical goals adopted in the previous affirmative action plan should be
described. If underrepresentation continues to exist, the new program should contain numerical goals and timetables.
If the vacancy projection means that short-range goals are impractical, long-range goals should be used. The next
section summarizes the result of the qualitative analysis and identification of problem areas described in Chapter II.
The action goals that will be used to change the policies and practices, especially those to accomplish the numerical
goals, should be included. Finally, the plan should describe the monitoring system to be used to measure change and to
compile information. The obligations imposed by Iowa law do not end with the adoption of the written plan.
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Chapter IV - Implementation
Implementation of the program is the most important part of the process. If the plan is not implemented, the time and
effort invested in it will be wasted and the school corporation will be even more vulnerable if a complaint of
discrimination is filed, or the DE conducts an equity review.
Accomplishing goals and strategies must be integrated with all aspects of the ongoing employer-employee
relationships. If practices are changed and numerical goals are reached by individual employers, those actions will
appear as trends over time in the data collected by DE. A general failure to implement written programs and to comply
with the law and rules also can be reflected in the data collected by the DE. A lack of change in the state as a whole
can lead to tougher laws, rules and enforcement of policies and practices, and may be accompanied by an increase in
anti-discrimination litigation.
A comprehensive review of policies and practices, followed by conscientious implementation, should mean that the
next update process will be relatively easy. If goals are reached, a description of what was accomplished will be the
highlight of the next affirmative action plan. Implementation of the program can be divided into six major areas.
Specific activities are delineated in DE rules.
Dissemination of Policies and Plans
The rules require that the equal opportunity and affirmative action policies and plans that have been adopted must be
distributed internally and externally. They must be distributed annually to all employees involved in the hiring or
management of personnel. The policies and plans must be made available to other employees, the public and the DE
upon request. In addition, the policy statement must be distributed to all applicants for employment. It must also be
distributed annually to employees, students, parents and recruitment sources.
The affirmative action coordinator should determine the best method to distribute the policies and plans and
incorporate this activity into the ongoing general information distribution system.
Staff Development and Record Keeping
The rules require the board to provide for periodic training for staff members who hire or supervise personnel. 281
I.A.C. 95.4(5). These staff members should receive instructions on the principles of equal opportunity and the
implementation of the affirmative action plan. Because most districts have a regular staff development program,
providing for training on this subject is not likely to be a major departure from the district’s normal processes.
The board must also provide that records be kept for reporting purposes. Such record keeping has been required under
anti-discrimination laws. The affirmative action law caused the addition of new sections in the BEDS process of the
DE.
The qualitative analysis rules require a review of “employee assistance, training, selection and monitoring policies and
practices.” 281 I.A.C. 95.5(5)(i).
A continuing record of applicants for positions in the future should be maintained and it will show who, from among
the applicants, is hired from outside. When a person is hired or promoted, the records should identify the other
applicants who were considered. If the information about applicant flow is routinely kept by a clerical employee, the
updating process in the next cycle will be easier.
If an applicant is offered a position and declines, that should be indicated. This provides evidence of good-faith efforts
to meet goals if, for example, a minority applicant declines an offer in favor of a position elsewhere.
Promotion and transfer activity must be monitored. This log will contain information for all who request promotion or
transfer, including those who do not get the position.
Resignations, retirements, etc., and the reasons people left must be monitored. Date of birth is relevant to developing
retirement trends. This provides information for the vacancy projection process.
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Monitoring the referrals made by a specific college placement office, employment service office or private
employment agency, a decision can be made as to whether the source is helpful in efforts to change the demographic
composition of the applicant pool and of the workforce.
The demographic composition of individuals who apply for jobs must be monitored. This information must be kept
separate from other employee and applicant records and be used for affirmative action purposes only. They may also
be sought by federal or state officials who investigate complaints of discrimination.
Recruitment
The law and the rules explicitly require affirmative action in recruitment. Recruitment activity often occurs only in the
event of an actual vacancy. Some large organizations carry on a continuing recruiting process. In either situation, the
“relevant labor market” as determined in this process should be the area in which recruiting occurs. No applicant has
an absolute right to a job for which new hires are sought. Each time a vacancy occurs, use varied sources to obtain
applicants from diverse groups. Qualitative goals should be reviewed to be certain new policies and practices are being
followed.
Appointment
In the process of selecting the successful candidate, the administration and the board should be aware of and follow the
provisions of affirmative action plan. As addressed above, employers must be very careful in the appointment process
to not turn their affirmation action activities into direct acts of discrimination. A direct and express preference based
solely on race, gender or disability is a serious problem.
One of the common misunderstandings of “affirmative action” is that it will prevent selection of the “best” candidate.
However, it is a standard belief of personnel administration that there is rarely a single “best qualified” person for a
job. An effective personnel system should bring before the selecting official several fully qualified candidates who
each may possess different attributes. Recruitment should produce several well-qualified candidates. The district
should make its decision based on criteria permitted by law.
Assignment
Affirmative action may be taken when assignments are made. If only one vacancy is to be filled, and the vacancy is in
a job category that is subject to a labor contract, seniority clauses may have an impact on assignment decisions. In
contrast, in districts with few vacancies there may be little opportunity for flexibility.
Promotions
The workforce analysis as described in Chapter II should produce a list of employees eligible for promotion. Review
the list when a vacancy occurs; it may provide a source of applicants, particularly for administrative positions.
Promotions from within are often favored. Promotions from within, however, may have the effect of preventing
change in the demographic composition of the workforce. If a promotion from within produces a vacancy to be filled
from outside the current staff, the affirmative action plan should be followed in filling that vacancy.
Conclusion
Given the goals of the law that required school districts to adopt affirmative action plans, a look backward provides
some insight into whether change has occurred. The participation rate on the basis of gender and race of people
employed in all public schools is included in the annual BEDS survey.
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Appendix A – Laws and Rules
The Iowa Law
Iowa Code Chapter 19B (1999), titled “Equal Opportunity and Affirmative Action,” contains the following section:
19B.11 SCHOOL DISTRICTS, AREA EDUCATION AGENCIES, AND
COMMUNITY COLLEGES -- DUTIES OF DIRECTOR OF DEPARTMENT OF
EDUCATION.
1. It is the policy of this state to provide equal opportunity in school district, area education agency, and
community college employment to all persons. An individual shall not be denied equal access to school
district, area education agency, or community college employment opportunities because of race, creed, color,
religion, national origin, sex, age, or physical or mental disability. It also is the policy of this state to apply
affirmative action measures to correct deficiencies in school district, area education agency, and community
college employment systems where those remedies are appropriate. This policy shall be construed broadly to
effectuate its purposes.
2. The director of the department of education shall actively promote fair employment practices for all school
district, area education agency, and community college employees and the state board of education shall adopt
rules requiring specific steps by school districts, area education agencies, and community colleges to
accomplish the goals of equal employment opportunity and affirmative action in the recruitment, appointment,
assignment, and advancement of personnel. Each school district, area education agency, and community
college shall be required to develop affirmative action standards which are based on the population of the
community in which it functions, the student population served, or the persons who can be reasonably
recruited. The director of education shall consult with the department of administrative services in the
performance of duties under this section.
3. Each school district, area education agency, and community college in the state shall submit to the director of
the department of education an annual report of the accomplishments and programs of the district, agency, or
community college in carrying out its duties under this section. The report shall be submitted between
December15 and December 31 each year. The director shall prescribe the form and content of the report.
4. The director of the department of education shall prepare a compilation of the reports required by subsection 3
and shall submit this compilation, together with a report of the director's accomplishments and programs
pursuant to this section, to the department of management by January 31 of each year.
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Related Statutes and Regulations
Family and Medical Leave Act of 1993, 29 U.S.C. Section 2601 et seq. An act to grant family and temporary
medical leave to employees “to balance the demands of the work place with the needs of families, to promote the
stability and economic security of families, and to promote national interests in preserving family integrity.” (Section
1(b)(1)). As of January 16, 2009, FMLA regulations reference military family leave entitlements enacted under the
National Defense Authorization Act for FY 2008. (Public Law 110-181, Section 585a)
Americans with Disabilities Act of 1990 prohibits discrimination in employment based on disability. The law also
prohibits discrimination in public accommodations based on disability. 42 U.S.C. § 12101 et seq. On September 28,
2008 the ADA Amendments Act of 2008 was enacted to restore the intent and protections of the Americans with
Disabilities Act of 1990. Amendments to the definition of “disability” are included in the text below.
SEC. 4. Disability Defined and Rules Of Construction.
(a) Definition of Disability.--Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102) is amended
to read as follows:
"SEC. 3. Definition of Disability. "As used in this Act:
"(1) Disability.--The term `disability' means, with respect to an individual-"(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;
"(B) a record of such an impairment; or
"(C) being regarded as having such an impairment (as described in paragraph (3)).
"(2) Major life activities.—
"(A) In general.--For purposes of paragraph (1), major life activities include, but are not limited to, caring for
oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending,
speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
"(B) Major bodily functions.--For purposes of paragraph (1), a major life activity also includes the operation of a
major bodily function, including but not limited to, functions of the immune system, normal cell growth,
digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
"(3) Regarded as having such an impairment.--For purposes of paragraph (1)(C):
"(A) An individual meets the requirement of `being regarded as having such an impairment' if the individual
establishes that he or she has been subjected to an action prohibited under this Act because of an actual or
perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major
life activity.
"(B) Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an
impairment with an actual or expected duration of 6 months or less.
"(4) Rules of construction regarding the definition of disability.--The definition of `disability' in paragraph (1) shall be
construed in accordance with the following:
"(A) The definition of disability in this Act shall be construed in favor of broad coverage of individuals under this
Act, to the maximum extent permitted by the terms of this Act.
"(B) The term `substantially limits' shall be interpreted consistently with the findings and purposes of the ADA
Amendments Act of 2008.
"(C) An impairment that substantially limits one major life activity need not limit other major life activities in
order to be considered a disability.
"(D) An impairment that is episodic or in remission is a disability if it would substantially limit a major life
activity when active.
"(E)(i) The determination of whether an impairment substantially limits a major life activity shall be made without
regard to the ameliorative effects of mitigating measures such as—
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"(I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary
eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or
other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;
"(II) use of assistive technology;
"(III) reasonable accommodations or auxiliary aids or services; or
"(IV) learned behavioral or adaptive neurological modifications.
"(ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall
be considered in determining whether an impairment substantially limits a major life activity.
"(iii) As used in this subparagraph-"(I) the term `ordinary eyeglasses or contact lenses' means lenses that are intended to fully
correct visual acuity or eliminate refractive error; and
"(II) the term `low-vision devices' means devices that magnify, enhance, or otherwise augment
a visual image.".
(b) Conforming Amendment.--The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) is further amended by adding after section 3 the following:
"SEC. 4. ADDITIONAL DEFINITIONS. "As used in this Act:
"(1) Auxiliary aids and services.--The term `auxiliary aids and services' includes-"(A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals
with hearing impairments;
"(B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to
individuals with visual impairments;
"(C) acquisition or modification of equipment or devices; and
"(D) other similar services and actions.
"(2) State.--The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Islands of the United States, the Trust Territory of the Pacific Islands, and
the Commonwealth of the Northern Mariana Islands.".
(c) Amendment to the Table of Contents.--The table of contents contained in section 1(b) of the Americans with
Disabilities Act of 1990 is amended by striking the item relating to section 3 and inserting the following items:
"Sec. 3. Definition of disability.
"Sec. 4. Additional definitions.".
Americans with Disabilities Act, Employment Regulations (29 C.F.R. § 1630).
Civil Rights Act of 1991. The Act amended Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil
Rights Act of 1866, the Attorney’s Fees Awards Act of 1976, the Americans with Disabilities Act of 1990, and the
Age Discrimination Act of 1967. The Act created a “glass ceiling” commission, provided for coverage of Senate and
presidential staffs by the major civil rights laws, and required EEOC to carry out educational activities and to establish
a Technical Assistance Training Institute. 42 U.S.C. § 2000e et seq.
EEOC Rules, Regulations, Guidelines, Title VII and ADA Procedure Regulations (29 C.F.R. § 1602).
Iowa Civil Rights Law prohibits discrimination in employment and education. The law also prohibits discrimination
in public accommodations, housing and credit. (Iowa Code Chapter 216 (1997)).
Rules of Iowa Civil Rights Commission: 161 Iowa Administrative Code Chapters 1-15.
Section 504 of the Rehabilitation Act prohibits discrimination against qualified individuals with disabilities by
institutions or programs that receive federal funds. (29 U.S.C. § 791).
The Age Discrimination in Employment Act (ADEA) prohibits discrimination against individuals aged 40 or older
and applies to employers of 20 or more individuals, as well as to unions and employment agencies. (29 U.S.C. § 621
et seq.)
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The Civil Rights Act of 1866 has been interpreted by the U.S. Supreme Court as applying to discrimination in public
employment and entitling workers to sue directly in federal courts. (42 U.S.C. §§ 1981, 1982 and 1983).
The Equal Pay Act of 1963, part of the Fair Labor Standards Act, prohibits pay differentials based on sex. (29 U.S.C.
§ 206d).
The Immigration Reform and Control Act, an amendment to the Immigration and Nationality Act, prohibits
employers of four or more workers from discriminating on the basis of citizenship status or national origin. The Act’s
anti-discrimination provisions do not apply to illegal aliens, and there are exemptions where citizenship is required by
law. (8 U.S.C. § 1324a).
The Older Workers Benefit Protection Act (OWBPA) of 1990 amended the Age Discrimination in Employment
Act. (29 U.S.C. § 621 et seq.)
The 5th and 14th Amendments of the U.S. Constitution have been the basis for additional fair employment actions
against government employers.
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national
origin. In l978, the Pregnancy Discrimination Act amended Title VII to provide that women affected by pregnancy
and related conditions must be treated the same as other job applicants and employees. Employers of 15 or more
workers, as well as unions and employment agencies, are covered by the provisions of Title VII. (42 U.S.C. § 2000e).
Title IX of the Education Amendments of 1972 prohibits sex discrimination by any educational program or activity
receiving federal financial assistance. “Program or activity” includes all the operations of an educational institution
even if only one department or program actually receives federal funding. (20 U.S.C. § 1681-1688).
U.S. Department of Education Rules on Nondiscrimination by Recipients of Federal Financial Assistance (34 C.F.R.
§ 100).
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The Department of Education Rules
The Department of Education promulgated the following rules to implement Section 19B.11 of the Iowa Code.
CHAPTER 95
Equal Employment Opportunity and
Affirmative Action in Educational Agencies
281—95.1(256) Purpose.
It is the purpose of this chapter to implement Iowa Code section 19B.11 by requiring specific steps by school districts,
area education agencies, and community colleges to accomplish the goals of equal employment opportunity and
affirmative action in the recruitment, appointment, assignment and advancement of personnel.
281—95.2
(256)
Definitions.
The following definitions shall be applied to the rules in this chapter:
"Affirmative action" means action appropriate to overcome the effects of past or present practices, policies, or other
barriers to equal employment opportunity.
"Agency" means a local school district, an area education agency or a community college.
"Availability" means the extent to which members of a racial/ethnic group, women, men or persons with disabilities
are present within the relevant labor market.
"Director of education" means the director of the Iowa department of education.
"Equal employment opportunity" means equal access to employment, training and advancement, or employment
benefits regardless of race, creed, color, religion, sex, age, national origin and disability.
"Metropolitan statistic area" means a large population nucleus (over 50,000 people) and nearby communities which
have a high degree of economic and social integration with that nucleus. Each area consists of one or more entire
counties.
"Person with a disability" means any person who has a physical or mental impairment which substantially limits one or
more major life activities, has a record of such impairment or is regarded as having such an impairment, as defined by
civil rights commission subrule 161—8.26(1).
"Racial/ethnic minority person" means any person who is African-American, Hispanic, Asian or Pacific Islander,
American Indian or Alaskan Native.
"Relevant labor market" means the geographic area in which an agency can reasonably be expected to recruit for a
particular job category.
"Underrepresentation" means having fewer members of a racial/ethnic group, women, men or persons with disabilities
in a particular job category than would be reasonably expected based on their availability in the relevant labor market.
"Work force" means an agency’s full-time and part-time employees.
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281—95.3
(256)
Equal employment opportunity standards.
Employment policies and practices shall provide equal employment opportunity to all persons. No person shall be
denied equal access to agency employment opportunities because of race, creed, color, religion, national origin,
gender, age or disability.
Affirmative action programs. A work force analysis shall be performed and affirmative measures be developed and
implemented for any major job categories in which a racial/ethnic group, women, men or persons with disabilities are
underrepresented
281 – 95.4(256) Duties of boards of directors. Each Board of Directors shall adopt policy statements and develop
plans for implementation of equal employment opportunity standards and affirmative action programs.
95.4 (1) Policy statements. Each Board of Directors shall adopt policy statements outlining its commitment to the
principles of equal employment opportunity and affirmative action. These policy statements shall prescribe procedures
for employees and applicants for employment to redress complaints of discrimination.
95.4 (2) Written plans. Each Board of Directors shall prepare and implement written equal employment opportunity
and affirmative action plans by July 1, 1990.The plans shall be evaluated and updated on a biennial basis.
95.4 (3) Assignment of responsibility. Each Board of Directors shall assign to an employee the responsibility for
coordinating the development and ongoing implementation of the plans. This employee may be the same employee
who has been assigned to coordinate the agency's efforts to comply with the federal laws requiring nondiscrimination
in educational programs and employment.
95.4 (4) Input. Each Board of Directors shall obtain systematic input from diverse racial/ethnic groups, women, men
and persons with disabilities into the development and implementation of the plans. School districts may use existing
advisory committees or public hearing procedures developed to receive similar input regarding the development and
implementation of multicultural, nonsexist education plans.
95.4 (5) Staff development. Each Board of Directors shall provide periodic training for
all staff who hire or supervise personnel on the principles of equal employment opportunity and the implementation of
its affirmative action plan.
95.4 (6) Recordkeeping. Each Board of Directors shall keep the necessary records to document its affirmative action
progress. Employment data shall be reported to the Department of Education by racial/ethnic category, gender and
disability. This report shall be part of the Department of Education's basic educational data collection system.
281—95.5
(256)
Plan components.
In addition to the board policy statement, each equal employment opportunity and affirmative action plan shall include,
but not be limited to, the following components:
95.5(1)
Identification of coordinator.
The name, job title, address and phone number of the employee responsible for coordinating the development and
implementation of the equal employment opportunity and affirmative action plans.
95.5(2)
Administrative statement.
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An administrative statement on how the agency’s equal employment opportunity and affirmative action policies and
plans are to be implemented, including the internal system for auditing and reporting progress. The administrative
statement shall be signed and dated by the chief executive officer of the agency.
95.5(3) Work force analysis.
A work force analysis that shall show the numerical and percentage breakdown of the agency’s full-time and part-time
employees within each major job category by racial/ethnic group, gender, and disability. Major job categories shall be
consistent with the E.E.O. 5 and E.E.O. 6 occupational categories reported to the United States Equal Employment
Opportunity Commission. For the purpose of confidentiality, disability data may be based on total agency figures,
rather than those of major job categories.
95.5(4)
Quantitative analysis.
A quantitative analysis that shall compare work force analysis figures with the availability of qualified or qualifiable
members of racial/ethnic groups, women, men and persons with disabilities within the relevant labor market.
95.5(5)
Qualitative analysis.
When underrepresentation is identified in one or more major job category, a qualitative analysis shall be implemented
and included in the agency’s affirmative action plan. The qualitative analysis is a review of employment policies and
practices to determine if and where those policies and practices tend to exclude, disadvantage, restrict or result in
adverse impact on the basis of racial/ethnic origin, gender, or disability. The analysis may include, but is not limited to
the review of:
a. Recruitment practices and policies;
b. A demographic study of the applicant pool and flow;
c. The rate and composition of turnover in major job categories;
d. Trends in enrollment which will affect the size of the work force;
e. Application and application screening policies and practices;
f. Interview, selection, and placement policies and practices;
g. Transfer and promotion policies and practices;
h. Discipline, demotion, termination and reduction in force policies and practices;
i. Employee assistance, training selection and mentoring policies and practices;
j. The impact of the collective bargaining agreement on equal employment opportunity and the
affirmative action process;
k. Law, policies or practices external to the agency that may hinder success in equal employment
opportunity and affirmative action.
95.5(6)
Goals.
Numerical goals and timetables for reduction of underrepresentation in each major job category where it has been
identified shall be developed. These goals shall not be treated as rigid and inflexible quotas that must be met, but as
reasonable aspirations toward correcting imbalance in the agency’s work force. The goal shall not cause any group of
applicants to be excluded from the hiring process. When setting numerical goals agencies shall take into consideration
the following:
a. The numbers and percentages from the work force analysis conducted pursuant to subrule 95.5(3);
b. The number of short- and long-term projected vacancies in the job category, considering turnover,
layoffs, lateral transfers, new job openings, and retirements;
c. The availability of qualified or qualifiable persons from underrepresented racial/ethnic, gender and
disability categories within the relevant labor market;
d. The makeup of the student population served by racial/ethnic origin, gender and disability;
e. The makeup of the population served by racial/ethnic origin, gender and disability;
f. The makeup of the population of the metropolitan statistic area, when applicable, by racial/ethnic
origin, gender, and disability.
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95.5(7)
Absence of minority base.
Agencies with no minority students enrolled or no minority employees shall develop goals and timetables for
recruiting and hiring persons of minority racial/ethnic origin when those persons are available within the relevant labor
market.
95.5(8)
Consolidation.
An agency may consolidate racial/ethnic minorities and job categories into broader groupings in conducting its
analysis under subrules 95.5(3), 95.5(4) and 95.5(6) when its size or number of employees makes more specific
categories impractical.
95.5(9)
Qualitative goals.
Qualitative goals, activities and timetables which specify the appropriate actions and time frames in which problem
areas identified during the qualitative analysis are targeted and remedied. In setting qualitative goals and planning
actions the agency may consider, but need not be limited to, the following:
a. Broadening or targeting recruitment efforts;
b. Evaluating and validating criteria and instruments used in selecting applicants for interviews,
employment, and promotion;
c. Providing equal employment opportunity, affirmative action, and intergroup relations training for
employees of the agency;
d. Developing a system of accountability for implementing the agency’s plan;
e. Developing and implementing an employee assistance and mentoring program;
f. Establishing a work climate which is sensitive to diverse racial/ethnic groups, both women and men
and persons with disabilities;
g. Negotiating the revision of collective bargaining agreements to facilitate equal employment
opportunity and affirmative action;
h. Considering a person’s racial/ethnic origin, gender, or disability as a relevant factor when selecting
applicants for interview, employment and promotion in job categories where underrepresentation
exists.
281—95.6
(256)
Dissemination.
Each agency shall have an internal and external system for disseminating its equal employment opportunity and
affirmative action policies and plans.
95.6(1)
Plan distribution.
The policies and plans shall be annually distributed to agency employees involved in the hiring or management of
personnel and shall be made available to other agency employees, the public and the director of education upon
request.
95.6(2)
Policy statement distribution.
The policy statement shall be distributed to all applicants for employment
281—95.7
(256)
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Reports.
Each education agency shall submit an annual progress report on equal employment opportunity and affirmative action
to its local board of directors. An annual progress report shall be submitted to the department of education by
December 31 of each year. The report shall be part of the basic educational data collection system administered by the
department of education
These rules are intended to implement Iowa Code section 19B.11 [Filed 10/26/89, Notice 5/17/89 - published 11/15/89, effective 12/20/89]
[Filed 4/15/94, Notice 3/2/94 - published 5/11/94, effective 6/15/94]
Appendices
Appendix B - Sample Data Sheets
(PDF Format)
Click on: http://www.iasb.org/HumanResources.aspx?id=7600
Appendix C – Affirmative Action Plan Sample
Forms (Word Format)
Click on: http://www.iasb.org/HumanResources.aspx?id=7600
Iowa Association of School Boards © 2009