Iowa Admin. Code r. 871-24.40
Current through Register Vol. 47, No.14, January 8, 2025
Rule 871-24.40 - [Effective 2/12/2025] School definitions(1) Educational institution is defined in Iowa Code section 96.1A(12).(2) Educational service is defined in Iowa Code section 96.4(5)"d."(3) Employment definitions. a. Professional employees including educational service agency employees means persons who are employed in an instructional, research or principal administrative capacity as explained below:(1) Instructional: Services performed for an educational institution that consist of teaching in formal classroom and seminar situations, tutoring, or lecturing in the activity of imparting knowledge; or of services that consist of directing or supervising the instructional activities of others; or services that consist of counseling, advising, or otherwise determining curriculum, courses, and academic pursuits for students.(2) Research: Services performed for an educational institution that consist of careful and systematic study and investigation in a field of science and knowledge, undertaken to establish facts or principles. The work performed is in a predominantly intellectual field or artistic endeavor that is varied in character and requiring the constant exercise of discretion and judgment in performance. The work further requires advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study.(3) Principal administrative: Services performed for an educational institution that consist of managing the educational institution or one of its major divisions or departments. Such services include the responsibility for establishing and administering policies, rules, and regulations that have major impact on the overall operations and functions of the educational institutions or one of its major divisions or departments. Work and activities are performed under general direction and broad objectives and missions, with the authority to determine goals and the techniques and methods of operations of the educational institution or one of its major divisions or departments. The duties performed by the individual rather than the title held should determine whether the prohibition applies.b. Nonprofessional employees including educational service agency employees means persons who perform services in any capacity for an educational institution other than in an instructional, research, or principal administrative capacity.(4) Institution of higher education is defined in Iowa Code section 96.1A(25).(5) Reasonable assurance, as applicable to an employee of an educational institution, means a written, verbal, or implied agreement that the employee will perform services in the same or similar capacity, which is not substantially less in economic terms and conditions, during the ensuing academic year or term. It need not be a formal written contract. To constitute a reasonable assurance of reemployment for the ensuing academic year or term, an individual must be notified of such reemployment.(6) School duration period.a. "Academic year" is defined as that period of time that school personnel are obligated by contract to render services to the educational institution during the school year.b. "Term" is defined as either of the two periods into which the yearly period of instruction is normally divided, commonly referred to as a semester. If the educational institution operates on a quarterly basis, then term means the same as a quarter period. If the educational institution operates on a trimester basis, then term means the same as a trimester period or any other division in a school year during which instruction is regularly given to students.c. Twelve-month employment. School employees who perform services for educational institutions 12 months of a calendar year or years.(7) The term "established and customary" vacation period or holiday recess involved in this provision includes those scheduled at Christmas and in the spring, when those vacation periods or recesses occur within a term.(8) Between terms or academic years denial means any week of unemployment that begins during the period between two successive academic years or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, if the individual has a contract or reasonable assurance that the individual will perform services in any such capacity for any educational institution for both such terms or academic years. This rule is intended to implement Iowa Code sections 96.1A(12), 96.1A(25), and 96.4(5).
Iowa Admin. Code r. 871-24.40
ARC 8711B, IAB 5/5/10, effective 6/9/10Amended by IAB January 3, 2018/Volume XL, Number 14, effective 2/7/2018Adopted by IAB January 8, 2025/Volume XLVII, Number 14, effective 2/12/2025