413 - Classified Employee Termination of Employment
413 - Classified Employee Termination of Employment dawn.gibson.cm… Sun, 08/01/2021 - 20:30413.1 - Classified Employee Resignation
413.1 - Classified Employee ResignationResignations shall be in writing, signed by the resigning party, and directed to the Superintendent of Schools.
The Board recognizes that circumstances may force an employee to request a release from a contract before the contract expires; therefore an employee will be released from his/her contract after providing notice of intent to resign in writing not less than two (2) weeks before the effective date of the resignation.
The two (2) week notification requirement may be waived by the superintendent if extraordinary circumstances exist. It shall be solely within the discretion of the superintendent to determine whether or not extraordinary circumstance exists.
Legal Reference: Iowa Code 91A.2, .3, .5; 279.19A; 285.5(9) (1997)
Adopted: 07/12/84
Reviewed: 07/19/21
Revised: 12/21/09
413.3-Classified Employee Suspension
413.3-Classified Employee SuspensionCode 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, due process will be followed.
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).
McFarland v. Bd, of Ed. Norwalk CSD 277 N.W.2d 901 (Iowa 1979)
Northeast Ed Assoc. v. Northeast CSD 402 N.W.2d 765, 769 (Iowa 1987)
Iowa Code §§ 20.7, .24.; § 20.24; § 20.7
Cross References: 404 Employee Conduct and Appearance
404-R(1)Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation
404-R(2)Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation
413.04 Classified Employee Dismissal
413.05 Classified Employee Reduction in Force
Adopted: 07/12/84
Reviewed: 05/13/24
Revised: 05/13/24
413.4 - Classified Employee Dismissal
413.4 - Classified Employee DismissalEvery employee shall perform his/her assigned job to the best of his/her ability, respect and follow Board policy and terms of condition of the master agreement with any applicable duly recognized bargaining unit, and respect and obey the law.
It shall be the responsibility of the superintendent to make a recommendation for dismissal to the Board. An 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.
The Board of Directors may, by majority vote, discharge any employee for just cause.
The superintendent is authorized to suspend a support personnel employee pending Board action on a dismissal, which may be immediately for cause, for investigation of charges against the employee, and for disciplinary purposes. Applicable federal and Iowa laws to insure due process will be adhered to if an employee is suspended pending Board action for possible employment termination.
Legal Reference: Northeast Community Education Association vs. Northeast Community School District, 402 N.W. 2d 765 (Iowa 1987).
McFarland vs. Board of Education of Norwalk Community School District, 277 N.W 2d 901 (Iowa 1979).
Iowa Code 20.7, .24 (1997).
Cross Reference: 411.3 Contracts for Classified Personnel
Adopted: 07/12/84
Reviewed: 07/19/21
413.5 - Classified Employee Reduction in Force
413.5 - Classified Employee Reduction in ForceCode No. 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 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; § 20.24; § 20.7
Cross References:
407.05 Licensed Employee Reduction in Force
413.03 Classified Employee Suspension
413.04 Classified Employee Dismissal
Adopted: 07/12/84
Reviewed: 05/13/24
Revised: 05/13/24