413 Classified Employee Termination of Employment
413 Classified Employee Termination of Employment jen@iowaschool… Wed, 11/28/2012 - 18:24413.01 Classified Employee Resignation
413.01 Classified Employee ResignationClassified employees who wish to resign during the school year shall give the board notice of their intent to resign and final date of employment and cancel their contract fourteen calendar days prior to their last working day.
Notice of the intent to resign shall be in writing to the superintendent.
Legal Reference: Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9) (1995).
Cross Reference: 411.03 Classified Employee Contracts
413 Classified Employee Termination of Employment
Approved 8/18/11 Reviewed 10/21/20 Revised
413.02 Classified Employee Retirement
413.02 Classified Employee RetirementClassified employees who will complete their current contract with the board may apply for retirement. No classified employee will be required to retire at any specific age.
Application for retirement will be considered made when the classified employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board if applicable, the employee's intent to retire. The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent.
Board action to approve a classified employee's application for retirement shall be final, and such action constitutes termination of the employee's contract effective the day of the employee's retirement.
Classified employees and their spouse and dependents who have group insurance coverage through the school district may be allowed to continue coverage of the school district's group health insurance program, at their own expense, by meeting the requirements of the insurer.
Leg al Reference: 29 U.S.C. §§ 621 et seq. (1988).
Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46 (1995).
581 I.A.C. 21.
1978 Op. Att'y Gen. 247.
1974 Op. Att'y Gen. 11, 322.
Cross Reference: 401.08 Recognition for Service of Employees
Approved 8/18/11 Reviewed 10/21/20 Revised
413.03 Classified Employee Suspension
413.03 Classified Employee SuspensionClassified employees shall perform their assigned job, respect and follow board policy and obey the law. The superintendent is authorized to suspend a classified employee with or without pay pending board action on a discharge or during investigation of charges against the employee or for disciplinary purposes. It shall be within the discretion of the superintendent to suspend a classified employee with or without pay.
In the event of a suspension, due process will be followed.
Legal Reference: Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765 (Iowa 1987).
McFarland v. Board of Education, of Norwalk Community School District, 277
N.W.2d 901 (Iowa 1979).Iowa Code §§ 20.7, .24 (1995).
Cross Reference: 404 Employee Conduct and Appearance
413 Classified Employee Termination of Employment
Approved 8/18/11 Reviewed 10/21/20 Revised
413.04 Classified Employee Dismissal
413.04 Classified Employee DismissalThe board believes classified employees should perform their jobs, respect board policy and obey the law. A classified employee may be dismissed upon fourteen calendar days notice or immediately for cause. Due process procedures shall be followed.
It shall be the responsibility of the superintendent to make a recommendation for dismissal to the board. A classified employee may be dismissed for any reason, including, but not limited to, incompetence, willful neglect of duty, reduction in force, willful violation of board policy or administrative regulations, or a violation of the law.
Legal Reference: Iowa Code §§ 20.7, .24 (1995)
Cross Reference: 404 Employee Conduct and Appearance
413.03 Classified Employee Suspension
413.05 Classified Employee Reduction in Force
Approved 8/18/11 Reviewed 10/21/20 Revised
413.05 Classified Employee Reduction in Force
413.05 Classified Employee Reduction in ForceIt is the exclusive power of the board to determine when a reduction in classified employees is necessary. Employees who are terminated due to a reduction in force shall be given fourteen calendar days notice. Due process will be followed for terminations due to a reduction in force.
It shall be the responsibility of the superintendent to make a recommendation for termination to the board. The superintendent will consider the relative qualifications, skills, ability and demonstrated performance through evaluation procedures in making the recommendations.
Legal Reference: Iowa Code §§ 20.7, .24 (1995).
Cross Reference: 407.05 Licensed Employee Reduction in Force
413.03 Classified Employee Suspension
413.04 Classified Employee Dismissal
703 Budget
Approved 8/18/11 Reviewed 10/21/20 Revised