Resignations shall be in writing signed by the resigning party and directed to the Superintendent of Emmetsburg Community Schools and referred by him or her to the Board of Directors with his or her recommendations.

The Board recognizes that there are some circumstances which force an employee to request a release from a contract before the expiration date of the contract; therefore, personnel will be released from their contracts at any time that suitable replacements can be secured.

Each employee under contract is expected to fulfill his or her contractual obligations by notifying the superintendent or his or her designated representative of his or her intention to resign at least thirty days prior to the expected date of termination.

Obligations of employees not on contract – all employees who are not serving under a contractual agreement are expected to give at least two weeks written notice.

Legal Reference:    Iowa Code §§ 91A.2, .3, .5; 279.19A; 285.5(9) (1999).

Cross Reference:    411.3    Classified Employee Contracts

    413    Classified Employee Termination of Employment

Approved    2/13/78           Reviewed    4/15/2020           Revised        1/22/01                

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 shall be 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. (1994).

    Iowa Code §§ 91A.2, .3, .5; 97B; 216; 279.19A, .46 (1999).

    581 I.A.C. 21.

    1978 Op. Att'y Gen. 247.

    1974 Op. Att'y Gen. 11, 322.

Cross Reference:    401.14    Recognition for Service of Employees

    413.3    Classified Employee Early Retirement

Approved      1/22/01         Reviewed   4/15/2020                     Revised                   

Classified employees shall 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 shall be 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 (1999).

Cross Reference:    404    Employee Conduct and Appearance

    413    Classified Employee Termination of Employment

Approved    3/13/78           Reviewed    4/15/2020            Revised        1/22/01                 

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 just cause. Due process procedures shall be followed.

It shall be 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 (1999).

Cross Reference:    404    Employee Conduct and Appearance

    413.4    Classified Employee Suspension

    413.6    Classified Employee Reduction in Force

Approved    1/22/01          Reviewed   4/15/2020                     Revised                   

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

It shall 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 (1999).

Cross Reference:    407.6    Licensed Employee Reduction in Force

    413.4    Classified Employee Suspension

    413.5    Classified Employee Dismissal

    703    Budget

Approved   1/22/01         Reviewed   4/15/2020                    Revised