413 - CLASSIFIED EMPLOYEE TERMINATION OF EMPLOYMENT

413.1 - CLASSIFIED EMPLOYEE RESIGNATION (6/14/2023)

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 a minimum of ten (10)  working 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).


Approved:  November 9, 2005        

Last Reviewed:  June 14, 2023


EAST BUCHANAN CSD BOARD POLICY

413.2 - Classified EE Early 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 a specific age.

 

Application for retirement will be considered 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 shall be final and such action constitutes termination of the employee's contract for the next school year.

 

Classified employees and their spouse and dependents who have group insurance coverage through the school district may be allowed to continue coverage in the school district's group health insurance program, at their own expense, by meeting requirements of the insurer.

 

Classified employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System (IPERS).

 

A.        Determining Eligibility:

 

Employees must meet the following criteria to be eligible to participate in the retirement program:

  1. in applying this provision, an employee will be at least the age of fifty-five (55) on or before June 30, 2024;

  2. wish to retire voluntarily from service in the East Buchanan Community School District;

  3. has been actively employed during the school year in which one requests retirement benefits;

  4. has completed a minimum of Twelve (12) years continuous service to the East Buchanan Community School District and is currently employed at the time the voluntary retirement request is made.  A leave of absence may interrupt continuous service without affecting the continuous years of service rule.  Professional and military leave will qualify toward continuous service;

 

When a classified employee* retires after Twelve (12) or more years of continuous employment with the East Buchanan Community School District and has accumulated sick leave up to a maximum of 120 days sick leave, a retirement stipend shall be paid based upon the following schedule. The retiring employee’s retirement benefit check will be paid out on July 20th of the retiring year.

 

  1. The retirement applicant will be paid one hundred dollars ($100.00) for each eligible sick day times their average FTE (maximum 1.0 FTE).

  2. Each retirement applicant will have their FTE determined by averaging the FTE for the previous four (4) contract years and their FTE during the school year in which they request retirement.

  3. Each retirement applicant will have their number of eligible sick days determined by averaging the remaining sick days on May 30th for the previous four (4) contract years and their remaining sick days on May 30th during the school year in which they request retirement.

 

The early retirement program is not available to any employee who has received notification of possible contract termination or who has been discharged, with the Board of Education the final determiner of that status.

Classified employees must submit a written application to the Superintendent of Schools at least sixty (60) days prior to their retirement date. 

 

*  An employee in a classified position must have been employed during the entire school year – from the first student day of school to the last student day of school between July 1st and June 30th to be credited with one year of employment.

 

Legal Reference:           29 U.S.C. Sect. 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 16, 2001        

Reviewed:   November 9, 2016; November 14, 2018; December 11, 2019; November 11, 2020; December 8, 2021; December 14, 2022 (revised); July 12, 2023; November 2024

413.3 - CLASSIFIED EMPLOYEE SUSPENSION (6/14/2023)

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.


Cross Reference:           404       Employee Conduct and Appearance

                                    413.4    Classified Employee Dismissal

                                    413.5    Classified Employee Reduction in Force


Approved:  November 9, 2005        

Last Reviewed:  June 14, 2023


Board Policy East Buchanan Community Schools

413.4 - CLASSIFIED EMPLOYEE DISMISSAL (6/14/2023)

The board believes classified employees should perform their jobs, respect board policy and obey the law.  A classified employee may be dismissed upon two weeks 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.


Cross Reference:           404       Employee Conduct and Appearance

                                    413.3    Classified Employee Suspension

                                    413.5    Classified Employee Reduction in Force


Approved:  November 9, 2005        

Last Reviewed:  June 14, 2023


Board Policy East Buchanan Community Schools

413.5 - CLASSIFIED EMPLOYEE REDUCTION IN FORCE (6/14/2023)

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 two weeks 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.


Cross Reference:           407.5    Licensed Employee Reduction in Force

                                    413.4    Classified Employee Suspension

                                    413.5    Classified Employee Dismissal                          


Approved:  November 9, 2005

Last Reviewed:  June 14, 2023                   

Board Policy East Buchanan Community Schools