Licensed employees who desire to be released from properly executed contracts must submit a signed and dated request directed to the superintendent, , stating the reason(s) for the request, who will refer said request to the Board of Education at its next regular or special meeting.
While the Board recognizes that there may occasionally exist unusual circumstances to justify unconditional and untimely release from a contract, normally a release will not be granted unless the Board has reasonable assurance that a suitable replacement can be found without undue cost. The Board reserves the right to consider each request for release on its own merits and make its decision on a case-by-case basis.
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.
In the event that an employee terminates his/her employment without proper release, the superintendent, or designee, is directed to file a complaint against said employee with the Iowa Board of Educational Examiners.
Date Board Adopted: 12/20/2010
Date Board Updated/Reviewed: 2/14/2022
Legal Reference: Iowa Code §§ 91A.2, .3, .5; 279.13, .19A (2013).
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 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 Iowa Board of Educational Examiners against a licensed employee who leaves without proper release from the board.
Date Board Adopted: 12/20/2010
Date Board Updated/Reviewed: 2/14/2022
Legal Reference: Iowa Code §§ 216; 272; 279.13, .19A, .46 (2013).
1978 Op. Att'y Gen. 247. 1974 Op. Att'y Gen. 11, 322.
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.
Date Board Adopted: 12/20/2010
Date Board Updated/Reviewed: 2/14/2022
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); 402.N.W. 2d 765, 769 (Iowa 1987)
Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2013).
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:
The district’s employee handbook outlines the process.
Due process for terminations due to a reduction in force will be followed.
Date Board Adopted: 12/20/2010
Date Board Updated/Reviewed: 2/14/2022
Legal Reference: Iowa Code §§ 20; 279