413 Classified Employee Termination of Employment

413.1 Classified Employee Resignation

Code No.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 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) (2013)

Approved 9-13-93 Reviewed    10-19-11    Revised   10-21-2019

413.2 Classified Employee Retirement

Code No. 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 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.

Legal Reference: 

29 U.S.C. §§ 621 etseq. (2012).

Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279, .19A,.46 (2013).

1978 Op. Att'y Gen. 247.

1974 Op. Att'y Gen. 11, 322.

Approved 9-13-93 Reviewed    10-19-11    Revised  10-21-2019

413.3 Classified Employee Suspension

Code No. 413.3

CLASSIFIED EMPLOYEE SUSPENSION

Classified 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, appropriate due process will be followed.

Legal Reference: 

Northeast Community Education Association v. NortheastCommunity School District, 402 N.W.2d 765 (Iowa 1987).

McFarland v. Board of Education. of Norwalk Community School District, 277 N.W.2d 901 (Iowa1979).

Iowa Code §§ 20.7, .24 (2013).

Approved 9-13-93 Reviewed    10-19-11    Revised  10-21-2019 

413.4 Classified Employee Dismissal

Code No. 413.4

CLASSIFIED EMPLOYEE DISMISSAL

The 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 shall 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 (2013).

Approved 9-13-93 Reviewed    2-19-01     Revised  10-21-2019

413.5 Classified Employee Reduction in Force

Code No. 413.5

CLASSIFED EMPLOYEE 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 begiven 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 (2013).

Approved 9-13-93 Reviewed    10-19-11    Revised  10-21-2019