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 (2013).
Cross Reference:
405.3 Licensed Employee Individual Contracts
405.4 Licensed Employee Continuing Contracts
407 Licensed Employee Termination of Employment
Approved July 1999
Reviewed January 2019
Revised
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, 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 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 (2013).
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 1999
Reviewed May 2023
Revised May 2023
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
581 I.A.C. 21.
1978 Op. Att'y Gen. 247.
1974 Op. Att'y Gen. 11, 322.
Cross Reference:
407.6 Licensed Employee Early Retirement
Approved July 1999
Reviewed January 2019
Revised
The school district offers an early retirement plan for full-time licensed employees. Full-time licensed employees are licensed employees who work 20 hours per week and who are currently performing their assigned duties within the school district. A licensed employee is eligible under the early retirement plan when the licensed employee:
Approval by the board of the licensed employee's early retirement application will constitute a voluntary resignation. Approval by the board of the licensed employee's early retirement application will also make the licensed employee eligible for disbursement of the early retirement incentive the sooner of July 1 following the licensed employee's approval for early retirement or a date mutually agreed upon by the school district and the licensed employee. Failure of the board to approve the licensed employee's early retirement application will make the licensed employee's current contract with the board continue in full force and effect.
Settlement Benefit
The settlement benefit for a full-time teacher will be an amount to be determined times the number of years of service. The retirement benefit may be paid directly to the 403(b) special pay deferral plan or to the health care savings plan.
Duration of Policy
This early retirement policy is offered for one year only, for retirements to begin with (enter year) school year. It will be re-evaluated for subsequent years.
Legal Reference:
29 U.S.C. §§ 621 et seq.
Iowa Code §§ 97B; 216; 279.46; 509A.13
1978 Op. Att'y Gen. 247.
1974 Op. Att'y Gen. 11, 322.
Cross Reference: 407.3 Licensed Employee Retirement
413.2 Classified Employee Retirement
Approved July 1999
Reviewed April 2022
Revised April 2022
The undersigned licensed employee acknowledges receipt of the early retirement plan documents stated below, for the licensed employee's consideration:
● early retirement policy (plan description);
● early retirement benefit options]; and
● early retirement application.
The undersigned licensed employee acknowledges that the application and participation in the early retirement plan is entirely voluntary.
The undersigned licensed employee acknowledges that the school district recommends the licensed employee contact legal counsel and the employee’s personal accountant regarding participation in the early retirement plan.
Licensed Employee
Date
The undersigned licensed employee is applying for early retirement pursuant to board policy 407.4, Licensed Employee Early Retirement. Please complete the following information:
___________________________________________ ____________________________
Full Legal Name of Employee Social Security Number
_____________________________________ _________________ ____________________
Current Job Title Date of Birth Years of Service
Please specify the date desired for payment of the early retirement benefit and the reason for the date if a date other than _____________ of the year in which the undersigned licensed employee retires is desired.
__________________ ___________________________________________________
Date Reason for other than___________________
Please attach a letter of resignation effective June thirtieth of the year in which the undersigned licensed employee intends to retire.
The undersigned licensed employee acknowledges that application and participation in the early retirement plan is entirely voluntary.
The undersigned licensed employee acknowledges that the school district recommends that the licensed employee contact legal counsel and the employee’s own personal accountant regarding participation in the early retirement plan.
Should the licensed employee die prior to full payment of an early retirement benefit, the licensed employee designates either the following individual as beneficiary or the licensed employee’s estate.
___________ Beneficiary ________________ Estate
Beneficiary: ____________________________________________________________________
Beneficiary Address: _____________________________________________________________
Licensed Employee: ____________________________ Date:___________________
Witness: _____________________________________ Date:___________________
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 (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 (2013).
Cross Reference:
404 Employee Conduct and Appearance
407 Licensed Employee Termination of Employment
Approved July 1999
Reviewed January 2019
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 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 July 1999
Reviewed January 2019
Revised June 2017