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 14 calendar 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) (2013).

 

 

Cross Reference:        

411.3   Classified Employee Contracts

413      Classified Employee Termination of Employment

 

 

 

Approved   July 1999                   

Reviewed  March 2019                    

Revised _____________

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 et seq. (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.

 

 

Cross Reference:        

412       Classified Employee Compensation and Benefits

413      Classified Employee Termination of Employment

 

 

Approved   July 1999                   

Reviewed March 2019                 

Revised                   

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, 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 (2013).

 

 

Cross Reference:        

404      Employee Conduct and Appearance

413      Classified Employee Termination of Employment

 

 

Approved   July 1999                   

Reviewed  March 2019       

Revised                   

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 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 (2013).

 

 

Cross Reference:        

404      Employee Conduct and Appearance

413.3   Classified Employee Suspension

413.5   Classified Employee Reduction in Force

 

 

Approved   July 1999                   

Reviewed March 2019          

Revised                   

413.5 CLASSIFIED 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 be given thirty calendar days notice.  Due process will be followed for terminations due to a reduction in force.

 

It will 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 (2013).

 

 

Cross Reference:        

407.5   Licensed Employee Reduction in Force

413.3   Classified Employee Suspension

413.4   Classified Employee Dismissal

703      Budget

 

 

Approved   July 1999                   

Reviewed  March 2019               

Revised  ____________

413.6 CLASSIFIED EMPLOYEE EARLY RETIREMENT

413.6 CLASSIFIED EMPLOYEE EARLY RETIREMENT  

The school district offers an early retirement plan for full-time classified employees.  Full-time classified employees are classified employees who work 30 hours per week and who are currently performing their assigned duties within the school district.  A classified employee is eligible under the early retirement plan when the classified employee:

  • Is age of 55 or older on or before June 30 of the year in which the classified employee wishes to retire;
  • Completes a total of 10 years of service as a full-time employee to the school district;
  • Submits an application to the superintendent for participation in the plan on or before February 1st of the year in which the classified employee wishes to retire.  Applications submitted after February 1st may be considered at the discretion of the board depending on the circumstances for the late application;
  • Submits a written resignation.  The resignation may be contingent upon approval by the board of participation in the voluntary early retirement plan; and,
  • Receives board approval of the employee's application for participation in the early retirement plan, of the employee's resignation and of the disbursement of early retirement incentive to the employee. 

Approval by the board of the employee's early retirement application will constitute a voluntary resignation.  Approval by the board of the employee's early retirement application will also make the employee eligible for disbursement of the early retirement incentive the sooner of July 1 following the employee's approval for early retirement or a date mutually agreed upon by the school district and the licensed employee.  Failure of the board to approve the employee's early retirement application will make the employee's current contract with the board continue in full force and effect.

 Settlement Benefit 

The settlement benefit for a full-time employee will be $XXXX times the number of years of service.  The retirement benefit may be paid directly to the 403(b) special pay deferral plan or to the health care savings plan.

 Duration of Policy 

This early retirement policy is offered for one year only, for retirements to begin with (enter year) school year.  It will be re-evaluated for subsequent years. 

 

 

Approved         April 2022

Reviewed         April 2022

Revised

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