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407.2 Employee Contract Release

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