407 - Licensed Employee Termination of Employment

407 - Licensed Employee Termination of Employment Jen@iowaschool… Mon, 05/30/2022 - 19:55

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.

Cross Reference:
405.3   Licensed Employee Individual Contracts
405.4   Licensed Employee Continuing Contracts
407   Licensed Employee Termination of Employment

Approved May 16, 2022 Reviewed Revised

Jen@iowaschool… Mon, 05/30/2022 - 21:18

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 Board 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 Board of Educational Examiners stating the employee has engaged in unprofessional conduct.

Legal Reference: Iowa Code §§ 91A (1); 216; 272; 279.13, .19A, .46.

Cross Reference: 405.3 Licensed Employee Individual Contracts

405.4 Licensed Employee Continuing Contracts

407.3 Licensed Employee Retirement

Approved May 16, 2022 Reviewed Revised: September 18, 2023

Jen@iowaschool… Mon, 05/30/2022 - 21:19

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.

Legal Reference:
Iowa Code §§ 97B; 216; 279.46.
281 I.A.C. 21.

Cross Reference:
407.6 Licensed Employee Early Retirement

Approved May 16, 2022 Reviewed Revised

Jen@iowaschool… Mon, 05/30/2022 - 21:20

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 is 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, 769 (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.

Cross Reference:
404   Employee Conduct and Appearance
407   Licensed Employee Termination of Employment

Approved May 16, 2022 Reviewed Revised

Jen@iowaschool… Mon, 05/30/2022 - 21:20

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.

It is the responsibility of the superintendent to make a recommendation for termination to the board. The process for reduction in force shall be as follows:

Due process for terminations due to a reduction in force will be followed.

Legal Reference:
Iowa Code §§ 20; 279.

Cross Reference:
407.4   Licensed Employee Suspension
413.5   Classified Employee Reduction in Force
703   Budget

Approved May 16, 2022 Reviewed Revised

Jen@iowaschool… Mon, 05/30/2022 - 21:21