413 Classified Employee Termination of Employment

413.1 Classified Employee Resignation

Classified employees who wish to resign during the school year will give the board notice of their intent to resign and final date of employment and cancel their contract thirty (30) days prior to their last working day.

Notice of the intent to resign shall be in writing to the superintendent.

Date Board Adopted
Date Board Reviewed:  December 20, 2010
Date Board Reviewed: 2/14/2022

Legal Reference:   Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9) (2009).

413.2 Classified Employee Retirement

Classified 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. 

Board action to approve a classified employee's application for retirement is 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.

Date Board Adopted
Date Board Reviewed:  December 20, 2010
Date Board Reviewed:  2/14/2022

Legal Reference:  29 U.S.C. §§ 621 et seq. (2006).
Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46 (2009).
581 I.A.C. 21.
1978 Op. Att'y Gen. 247.
1974 Op. Att'y Gen. 11, 322.

413.3 Support Staff Suspension

 

Support staff will perform their assigned job, respect and follow board policy and obey the law.  The superintendent is authorized to suspend a support staff member with or without pay pending action on a discharge or during investigation of charges against the employee or for disciplinary purposes.  It is 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.

 

Date Board Adopted 12/20/2010

Date Board Reviewed 2/14/2022

 

Legal Reference:          Northeast Community Education Association v. Northeast Community School District, 402 N.W.2d 765, 769 (Iowa 1987).

                                    McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).

                                    Iowa Code §§ 20.7, .24 (2013).

           

 

413.4 Support Staff Dismissal

 

The superintendent or superintendent’s delegated subordinate has the authority to suspend or dismiss the services of any support staff employee.  The employee shall have the right to a hearing before the board if the employee so desires.  The employee must request a hearing with the school board in writing to the superintendent within two working days of the suspension or dismissal.

 

A support staff 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.

 

Date Board Adopted 12/20/2010

Date Board Reviewed 2/14/2022

 

Legal Reference: Iowa Code §§ 20.7, .24 (2013).

413.5 Support Staff Reduction In Force

 

It 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 will be given fifteen (15) days notice.  Due process will be followed for terminations due to a reduction in force.

 

The superintendent will consider the relative qualifications, skills, ability and demonstrated performance through evaluation procedures in making the reduction in force.

 

Date Board Adopted 12/20/2010

Date Board Reviewed 2/14/2022

 

Legal Reference: Iowa Code §§ 20.7, .24 (2013).