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 (2009).

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

Approved 07/10/89    
Reviewed 10/18/21    
Revised 09/11/95  

 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 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 $500 for expenses 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 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 (2009).
                                       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 07/10/89    
Reviewed 10/18/21    
Revised 2/14/11 

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 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 (2009).
                                       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 07/10/89    
Reviewed   10/18/21    
Revised 02/14/11 

 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 shall 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 (2009).

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

Approved 07/10/89    
Reviewed 10/18/21   
Revised 02/14/11  

 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.  The superintendent shall consider the following criteria in making the recommendations:

• Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing;
• Relative skills, ability and demonstrated performance;
• Qualifications for co-curricular programs; and
• Number of continuous years of service to the school district.  This will be considered only when the foregoing factors are relatively equal between licensed employees.

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

Legal Reference:  Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2009).

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

Approved 09/11/95    
Reviewed 10/18/21    
Revised 2/14/11 

The school district offers an early retirement plan for full-time licensed employees.  Full-time licensed employees are licensed employees who work 38.75 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:

      ·    Is over the age of 55 on or before June 30 of the year in which the licensed employee wishes to retire;

      ·    Completes a total of 15 years of service as a full-time licensed employee to the school district;

      ·    Submits an application to the superintendent for participation in the plan on or before March 31 for the year in which the licensed employee wishes to retire.  Applications submitted on or after March 31 may be considered at the discretion of the board depending on the circumstances for the late application.

      ·    Submits a written resignation.  The resignation may be contingent upon approval by the board of participation in the voluntary early retirement plan; and,

      ·    Receives board approval of the licensed employee's application for participation in the early retirement plan, of the licensed employee's resignation and of the disbursement of early retirement incentive to the licensed employee

Approval by the board of the licensed employee's early retirement application shall constitute a voluntary resignation.  Approval by the board of the licensed employee's early retirement application will also make the licensed employee eligible for commencement of 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.

The board has complete discretion to offer or not to offer an early retirement plan for licensed employees.  The board may discontinue the school district's early retirement plan at any time. 

Legal Reference:  29 U.S.C. §§ 621 et seq. (2006).
                                        Senate File 2366, 77^th General Assembly, 2^nd Reg. Sess. (1998).
                                        Iowa Code §§ 97B; 216; 279.46; 509A.13 (2009).
                                        1978 Op. Att'y Gen. 247.
                                        1974 Op. Att'y Gen. 11, 322.

Cross Reference:  407.3       Licensed Employee Retirement
                                        413.3       Classified Employee Early Retirement

Approved 9/13/99    
Reviewed 10/18/21    
Revised 02/14/11