Support employees who wish to resign during the school year shall give the board notice of their intent to resign and cancel their contract thirty (30) days prior to their last working day.  In its discretion, the board may choose to not accept a resignation of a support employee prior to finding a suitable replacement.

Notice of the intent to resign shall be in writing to the superintendent.

 

 

Legal Reference:  Iowa Code §§91A.2, .3, .5, 272A.6, 279.13, .19A, 285.5(9) (1991)

Cross Reference:  407.1    Licensed Personnel Resignation
                                      411.3    Support Personnel Contracts

Approved:  3-31-92              
Reviewed:  2-13-23              
Revised:             

 

Support personnel who will complete their current contract with the board may apply for retirement.  No support employee will be required to retire at any specific age.

Application for retirement will be considered made when the support 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, 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.  Applications made after the date set by the board of the return of the employee’s contract must be at least thirty (30) days prior to the employee’s retirement date.  The board, in its discretion, may consider retirement applications that do not meet these requirements if special circumstances exist.  It shall be within the discretion of the board to determine whether special circumstances exist.

Board action to approve a support employee’s application for retirement shall be final and such action constitutes termination of the employee’s contract effective the day of the employee’s retirement.

Employees who qualify for retirement benefits through the Iowa Public Employees Retirement System shall receive those benefits in compliance with that program.

Support personnel and their spouse and dependents who have group coverage through the school district shall 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:  26 U.S.C. §162
                                      42 U.S.C. §2000e-11
                                      Iowa Code Chapters 97B and 601A (1991)
                                      370 Iowa Admin. Code 8
                                      1978 Op. Att’y Gen. 247
                                      1974 Op. Att’y Gen. 11, 322

Cross Reference:  407.3    Licensed Personnel Retirement
                                      407.4    Licensed Personnel Early Retirement
                                      413.3    Support Personnel Early Retirement

Approved:  3-31-92              
Reviewed:  2-13-23              
Revised:             

 

The School district offers early separation (voluntary or force) plans for support personnel.  Support personnel include, but are not limited to custodians, secretaries, bus drivers, cooks, aides, and maintenance supervisor.  A support personnel employee is eligible under the early separation plan when the employee:

• Is at least 55 years of age on or before September 1^st of the year in which the support personnel employee wishes to retire;
• Completes a total of 15 years of continuous service to the school district, and is not receiving the District’s Long-Term Disability Insurance Program or has been discharged for cause;
• Submits an application to the superintendent for participation in the plan on or before April 1^st of the year in which the support personnel wishes to retire.  Applications submitted after April 1^st 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 of the voluntary early separation plan; and
• Receives Board approval of the support personnel application for participation in the early separation plan, of the support personnel’s resignation and of the disbursement of early separation incentive to the support personnel.

Approval by the Board of the support personnel’s early separation application shall constitute a voluntary or force resignation.  Approval by the Board of the support personnel’s early separation application shall also make the support personnel eligible for disbursement of the early separation incentive the sooner of July 1^st, following the support personnel’s approval for early separation or date mutually agreed upon by the school district and the support personnel.  Failure of the Board to approve the support personnel’s early separation application shall make the support personnel’s current contract with the Board continue in full force and effect.

The early separation incentive is the amount representing $100 per years of service for each years of continuous service at and above fifteen (15) at the time of separation.  Also, ten dollars ($10) per day for unused sick with a maximum of 120 days.

Cash payment is subject to federal and state income tax withholding.  IPERS tax is not withheld.

Upon separation, the support personnel shall be eligible to continue participation in the school district’s group insurance plan at the support personnel’s expense by meeting the requirements of

the insurer.  The employees must pay the monthly premium amount in full to the Board Secretary prior to the due date of the school district’s premium payment to the insurance carrier.

 

 

Legal Reference:

Cross Reference:

Approved:  5-9-05                
Reviewed:  2-13-23              
Revised:

 

 

EARLY SEPARATION CALCULATION WORKSHEET

SUPPORT PERSONNEL

 

 

 

Name___________________________________    Position_____________________________

 

Birth Date________________________________   Continuous Years of Service____________

 

 

Number of Years of Continuous Service at and above fifteen years:

 

                                                                                     

                                                                                     

                                                                                                     _______ X $100 = $_________________
                                                                                                     years           rate           sub total

 

              Number of Unused Sick Days:                   _______x $10 = $___________________
                                                                                              days          rate               sub total

                                                                                                     (maximum 120 days)

 

 

 

 

                                                                                                                  Grand Total $________________

 

 

 

 

 

 

 

Employee Signature________________________________________ Date_________________

 

Board Secretary___________________________________________ Date_________________

 

Employees shall perform their assigned job, respect board policy and obey the law.  The superintendent is authorized to suspend a support employee with pay pending board action on a discharge or during investigation of charges against the employee or for disciplinary purposes.  It shall be within the discretion of the superintendent to suspend a support employee with or without pay.

In the event of a suspension, appropriate due process will be followed.

 

 

Legal Reference:  Northeast Community Education Association v Northeast Community School District, 402 N.W.2d 765 (Iowa 1989)
                                      McFarland v Board of Education, 277 N.W.2d 901 (Iowa 1979)
                                      Iowa Code §§20.7, .24, 279.13, 279.15-.19 (1989)

Cross Reference:  407.5    Licensed Personnel Suspension
                                      413.5    Support Personnel Dismissal

Approved:  3-31-92              
Reviewed:  2-13-23              
Revised:

 

The board believes employees should perform their jobs, respect board policy and obey the law.  A support employee may be dismissed upon thirty (30) days notice or immediately for cause.  Appropriate due process procedures shall be followed.

A support 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 crime against the laws of Iowa or the United States.

 

 

Legal Reference:  Iowa Code §§20.7, .24, 279.13, .15-.19 (1991)

Cross Reference:  413.4    Support Personnel Suspension

Approved:  3-31-92              
Reviewed:  2-13-23              
Revised:             

 

It is the exclusive power of the board to determine when a reduction in support personnel is necessary.  Employees who are terminated due to a reduction in force shall be given thirty (30) days notice.  Appropriate due process will be followed in terminations due to a reduction in force.

It shall be the responsibility of the superintendent/designee to make a recommendation for termination to the board.  The superintendent/designee will consider the relative qualifications, skills, ability and demonstrated performance through evaluation procedures in making the recommendations.

 

 

Legal Reference:  Iowa Code §§20.7, .24, 279.13, .15-.19 (1991)

Cross Reference:  407.6    Licensed Personnel Reduction in Force
                                       413.4    Support Personnel Suspension
                                       413.5    Support Personnel Dismissal

Approved:  3-31-92              
Reviewed:  2-13-23              
Revised:  8-14-95