An 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 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 employee is continuing to be employed by the school district.
Legal Reference: Iowa Code 91A.2, .3, .5; 279.13, .19A (2005).
Cross Reference: 405.3 Licensed Employee Individual Contracts
405.4 Licensed Employee Continuing Contracts
407 Licensed Employee Termination of Employment
Approved July 11, 2005
Reviewed February 10, 2020
Revised
Employees who wish to be released from an executed contract must give at least twenty-one days notice to the superintendent. 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 shall have sole discretion to determine what constitutes unusual and extreme circumstances.
Release from a contract shall 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 up to $2000 for expenses incurred to locate and hire a suitable replacement. Payment of these costs shall be 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 authorized to file a complaint with the Board of Educational Examiners against a licensed employee who leaves without proper release from the board.
Legal Reference: Iowa Code 216; 272; 279.13, .19A, .46 (2005) 1978 Op. Att’y. Gen. 247. 1974 Op. Att’y. Gen. 11, 322.
Cross Reference: 405.3 Licensed Employee Individual Contracts
405.4 Licensed Employee Continuing Contracts
407.3 Licensed Employee Retirement
Approved July 11, 2005
Reviewed August 9, 2021
Revised August 9, 2021
Employees who will complete their current contract with the board may apply for retirement. No employee will be required to retire at a specific age.
Application for retirement will be considered made when the 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 shall be within the discretion of the board to determine whether special circumstances exist.
Board action to approve an employee's application for retirement shall be final and such action constitutes nonrenewal of the employee's contract for the next school year.
Employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.
Employees and their spouse and dependents shall be 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 91995). 581 I.A.C. 21. 1978 Op. Att’y. Gen. 247. 1974 Op. Att’y. Gen. 11, 322.
Cross Reference: 401.8 Recognition for Service of Employees
Approved July 11, 2005
Reviewed February 10, 2020
Revised
Employees shall perform their assigned job, respect and follow board policy and obey the law. The superintendent is authorized to suspend an employee pending board action on a discharge, for investigation of charges against the employee, and for disciplinary purposes. It shall be within the discretion of the superintendent to suspend an employee with or without pay.
In the event of a suspension, appropriate due process shall be followed.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding employee suspension shall be followed.
Approved July 11, 2005
Reviewed February 10, 2020
Revised
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 shall be the responsibility of the superintendent to make a recommendation for termination to the board.
Due process for terminations due to a reduction in force shall be followed.
The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the reduction in force of such employees shall be followed.
Approved July 11, 2005
Reviewed February 10, 2020
Revised November 9, 2009