Iowa Admin. Code r. 871-24.40 - 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).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) The purpose of training extension benefits is to provide the individual with continued eligibility for benefits so that the individual may pursue a training program for entry into a high-demand or high-technology occupation. Training extension benefits are available to an individual who was laid off or voluntarily quit with good cause attributable to the individual's employer from full-time employment in a declining occupation or is involuntarily separated from full-time employment as a result of a permanent reduction of operations.
(2) The weekly benefit amount shall be pursuant to the same terms and conditions as regular unemployment benefits and the benefits shall be for a maximum of 26 times the weekly benefit amount of the claim which resulted in eligibility. Both contributory and reimbursable employers shall be relieved of charges for training extension benefits .
(3) The course or courses must be full-time enrollment for a high-demand or high-technology occupation. The department will make available to serve as a guide a list of high-demand, high-technology, and declining occupations. The lists shall be available on the department 's website and at workforce centers.
a. High-technology occupations include life sciences, advanced manufacturing, biotechnology, alternative fuels, insurance, environmental technology, and technologically advanced green jobs. A high-technology occupation is one which requires a high degree of training in the sciences, engineering, or other advanced learning area and has work opportunities available in the labor market area or the state of Iowa.
b. A high-demand occupation means an occupation in a labor market area or the state of Iowa as a whole in which the department determines that work opportunities are available.
c. A declining occupation has a lack of sufficient current demand in the individual's labor market area or the state of Iowa for the occupational skills possessed by the individual, and the lack of employment opportunities is expected to continue for an extended period of time.
d. A declining occupation includes an occupation for which there is a seasonal variation in demand in the labor market or the state of Iowa, and the individual has no other skill for which there is a current demand.
e. A declining or high-demand occupation will be determined by using Iowa labor market information for each region in the state.
(4) The application for training benefits must be received within 30 days after state or federal benefits are exhausted. The individual must be enrolled and making satisfactory progress to complete the training program in order to continue to be eligible for training extension benefits .
(5) Training benefits shall cease to be available if the training is completed; the individual quits the training course; the individual exhausts the training extension maximum benefit amount ; or the individual fails to make satisfactory progress; and benefits shall cease no later than the end of the benefit year in which the individual became eligible for the benefits . Individuals must file and receive benefits under any federal or state unemployment insurance benefit program until the benefits have been exhausted, in order to maintain eligibility for training extension benefits .
This rule is intended to implement 2009 Iowa Code Supplement section 96.3(5).