PERSONNEL
407.1 - LICENSED EMPLOYEE RESIGNATION
A licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the board for return of the contract. This applies to regular contracts for the licensed employee's regular duties and for an extracurricular contract for extra duty. Resignations of this nature will be accepted by the board.
The board may require an individual who has resigned from an extracurricular contract to accept the resigned position for only the subsequent school year when the board has made a good faith effort to find a replacement and the licensed employee is continuing to be employed by the school district.
Legal Reference: Iowa Code §§ 91A.2, .3, .5; 279.13, .19A (2001).
Cross Reference: 405.3 Licensed Employee Individual Contracts
405.4 Licensed Employee Continuing Contracts
407 Licensed Employee Termination of Employment
Approved: 1/21/99
Reviewed: 1/18/2021, 12/16/2024
Revised:
PERSONNEL
407.2 - LICENSED EMPLOYEE CONTRACT RELEASE
Licensed employees who wish to be released from an executed contract must give at least twenty-one days notice to the superintendent. Licensed employees may be released at the discretion of the board. Only in unusual and extreme circumstances will the board release a licensed employee from a contract. The board will have sole discretion to determine what constitutes unusual and extreme circumstances.
Release from a contract will be contingent upon finding a suitable replacement. Licensed employees requesting release from a contract after it has been signed and before it expires may be required to pay the board the cost of advertising or other reasonable administrative costs incurred to locate and hire a suitable replacement. Upon written mutual agreement between the employee and the superintendent, and to the extent allowed by law, the costs may be deducted from the employee's salary. Payment of these costs is a condition for release from the contract at the discretion of the board. Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.
The superintendent is required to file a complaint with the Iowa Bureau of Educational Examiners against a licensed employee who leaves without proper release from the board.
NOTE: School districts may charge employees for costs incurred in finding a replacement. Employees can only be charged costs, not "penalties." The costs cannot be withheld from money owed the employee unless the employee agrees. If costs are not withheld from moneys owed to the employee, the school district must bill the employee. If the employee fails to pay, the school district's only option for reimbursement is to file a claim in small claims court. The school district also has the option of filing a complaint with the Bureau of Educational Examiners stating the employee has engaged in unprofessional conduct.
Legal Reference:
Iowa Code §§ 91A(1); 216; 256; 279.13, .19A, .46.
I.C. Iowa Code
Description
Iowa Code § 216
Civil RIghts Commission
Iowa Code § 279.13
Directors - Powers and Duties - Contracts with Teachers
Iowa Code § 279.19A
Directors - Powers and Duties - Extracurricular Contracts
Iowa Code § 279.46
Directors - Powers and Duties-Retirement Incentives
Iowa code § 256
Dept. of Education
Iowa Code § 91A.1
Wage Payment Collection - Short Title
Cross References
Code
Description
405.03
Licensed Employee Individual Contracts
405.04
Licensed Employee Continuing Contracts
407.03
Licensed Employee Retirement
Approved: 1/21/99
Reviewed: 1/18/2021
Revised: 12/16/2024
PERSONNEL
407.3 - LICENSED EMPLOYEE RETIREMENT
Licensed employees who will complete their current contract with the board may apply for retirement. No licensed employee will be required to retire at a specific age.
Application for retirement will be considered made when the licensed 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 intent of the employee 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 for the return of the employee's contract to the board may be considered by the board if special circumstances exist. It is within the discretion of the board to determine whether special circumstances exist.
Board action to approve a licensed employee's application for retirement is final and such action constitutes nonrenewal of the employee's contract for the next school year.
Licensed employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.
Licensed employees and their spouse and dependents are allowed to continue coverage in the school district's group health insurance program at their own expense by meeting the requirements of the insurer.
NOTE: Mandatory retirement ages are a violation of federal law. The witnessing of the retiring employee's letter is to protect the school district in the event an employee alleges that the school district forced the employee to retire.
Legal Reference:
Iowa Code §§ 97B; 216; 279.46.
281 I.A.C. 21.
I.C. Iowa Code
Description
Iowa Code § 216
Civil RIghts Commission
Iowa Code § 279.46
Directors - Powers and Duties-Retirement Incentives
Iowa Code § 97B
IPERS
I.A.C. Iowa Administrative Code
Description
281 I.A.C. 21
Community Colleges
Cross References
Code
Description
407.02
Licensed Employee Contract Release
407.06
Licensed Employee Early Retirement
407.06-E(1)
Licensed Employee Early Retirement - Acknowledgement of Receipt
407.06-E(2)
Licensed Employee Early Retirement - Insurance Options
407.06-E(3)
Licensed Employee Early Retirement - Application
Approved: 1/21/99
Reviewed: 1/18/2021
Revised: 12/16/2024
PERSONNEL
407.4 - LICENSED EMPLOYEE SUSPENSION
Licensed employees will perform their assigned job, respect and follow board policy and obey the law. The superintendent is authorized to suspend a licensed employee pending board action on a discharge, for investigation of charges against the employee, and for disciplinary purposes. It will be within the discretion of the superintendent to suspend a licensed 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 1987).
McFarland v. Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).
Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2001).
Cross Reference: 404 Employee Conduct and Appearance
407 Licensed Employee Termination of Employment
Adopted: 1/21/99
Reviewed: 1/18/2021, 12/16/2024
Revised:
PERSONNEL
407.5 - LICENSED EMPLOYEE REDUCTION IN FORCE
The board has the exclusive authority to determine the appropriate number of licensed employees. A reduction of licensed employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, and other reasons deemed relevant by the board.
The reduction in licensed employees, other than administrators, will be done through normal attrition if possible. If normal attrition does not meet the necessary reduction in force required, the board may terminate licensed employees. The board will follow staff reductions as detailed in the employee handbook.
It will be the responsibility of the superintendent to make a recommendation for termination to the board.
The requirements stated in the Master Contract/Handbook between employees in that certified collective bargaining unit and the board regarding the reduction in force of such employees will be consulted along with policy.
Legal Reference: Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2001).
Cross Reference: 407.4 Licensed Employee Suspension
413.5 Classified Employee Reduction in Force
703 Budget
Approved: 1/21/99
Reviewed: 1/18/2021
Revised: 12/16/2024