413 - Classified Employee Termination
413 - Classified Employee Termination dawn.gibson.cm… Tue, 10/12/2021 - 13:52413.1 - Resignation
413.1 - ResignationClassified 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
30 days prior to their last working day.
Notice of the intent to resign will be in writing to the superintendent.
Legal Reference: Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9) (2007).
Cross Reference: 411.3 Classified Employee Contracts
413 Classified Employee Termination of Employment
Approved 7/27/2009 _
Reviewed 6/16/2014
Revised
413.2 - Retirement
413.2 - 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 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.
NOTE: Mandatory retirement ages are a violation of federal law. The witnessing of the retiring employee's letter is to protect the school district in the event an
employee alleges that the school district forced the employee to retire.
Legal Reference: 29 U.S.C. §§ 621 et seq. (2004).
Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46 (2007).
581 I.A.C. 21.
1978 Op. Att'y Gen. 247.
1974 Op. Att'y Gen. 11, 322.
Cross Reference: 401.14 Recognition for Service of Employees
Approved 7/27/2009 _
Reviewed 6/16/2014
Revised
413.3 - Suspension
413.3 - SuspensionClassified employees will 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 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.
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 (2007).
Cross Reference: 404 Employee Conduct and Appearance
413 Classified Employee Termination of Employment
Approved 7/27/2009 _
Reviewed 6/16/2014
Revised
413.4 - Dismissal
413.4 - DismissalThe board believes classified employees should perform their jobs, respect board policy and obey the law. A classified employee may be dismissed upon thirty days notice
or immediately for cause. Due process procedures will be followed.
It is 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 (2007).
Cross Reference: 404 Employee Conduct and Appearance
413.4 Classified Employee Suspension
413.6 Classified Employee Reduction in Force
Approved 7/27/2009 _
Reviewed 6/16/2014
Revised
413.5 - Reduction in Force
413.5 - 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 will
be given thirty days notice. Due process will be followed for terminations due to a reduction in force.
It is 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 (2007).
Cross Reference: 407.6 Licensed Employee Reduction in Force
413.4 Classified Employee Suspension
413.5 Classified Employee Dismissal
703 Budget
Approved 7/27/2009 _
Reviewed 6/16/2014
Revised