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.
Cross Reference:
405.3 Licensed Employee Individual Contracts
405.4 Licensed Employee Continuing Contracts
Approved: 12/9/1996 Reviewed: 02/13/2023 Revised: 02/13/2023
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 up to $1000 for expenses or other reasonable administrative costs incurred to locate and hire a suitable replacement. Upon written mutual agreement between the employee and the superintendent, and to the extent allowed by law, the costs may be deducted from the employee's salary. 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 required to file a complaint with the Board of Educational Examiners against a licensed employee who leaves without proper release from the board.
NOTE: School districts may charge employees for costs incurred in finding a replacement. Employees can only be charged costs, not "penalties." The costs cannot be withheld from money owed the employee unless the employee agrees. If costs are not withheld from money owed to the employee, the school district must bill the employee. If the employee fails to pay, the school district's only option for reimbursement is to file a claim in small claims court. The school district also has the option of filing a complaint with the Board of Educational Examiners stating the employee has engaged in unprofessional conduct.
Legal Reference:
Iowa Code §§ 91A(1); 216; 272; 279.13, .19A, .46.
Cross Reference:
405.3 Licensed Employee Individual Contracts
405.4 Licensed Employee Continuing Contracts
407.3. Licensed Employee Retirement
Approved: 12/9/1996 Reviewed: 05/13/2024 Revised: 05/13/2024
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.
Cross Reference:
407.2 Licensed Employee Contract Release
407.6 Licensed Employee Early Retirement
4076E1 Licensed Employee Early Retirement - Acknowledgement of Receipt
407.6E2 Licensed Employee Earl Retirement - Insurance Options
407.6E3 Licensed Employee Early Retirement - Application
Approved: 12/9/1996 Reviewed 02/13/2023 Revised: 02/13/2023
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 followed.
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).
Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27.
Cross Reference:
404 Employee Conduct and Appearance
404-R1 Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation
404-R2 Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation
407.5 Licensed Employee Reduction in Force
Approved: 12/9/1996 Reviewed: 02/13/2023 Revised: 02/13/2023
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 requirements stated in the TEA Labor Handbook regarding the reduction in force of such employees shall be followed.
The superintendent shall consider the following criteria in making the recommendations:
Legal Reference:
Iowa Code §§20
Cross Reference:
407.4 Licensed Employee Suspension
413.5 Classified Employee Reduction in Force
Approved: 12/9/1996 Reviewed: 02/13/2023 Revised: 02/13/2023
Is at least age 55 prior to the start of the next school year.
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 Wednesday of the first week of February of the year in which the licensed employee wishes to retire. Applications submitted after Wednesday of the first week of February 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 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.
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Employees eligible to retire in accordance with the accompanying criteria will be provided: $6000/year for five years. If the early retiree does not choose to remain on the schools health insurance policy the retirement incentive will be paid into a 403b. If the early retiree chooses to remain on the school's health insurance policy the retirement incentive will be paid into a Health Retirement Account (HRA). Early Retiree Not Remaining on School Health Insurance: $6000 may be withdrawn after deposit in the 403.b thus allowing the staff member a substantial tax savings. In the event of the death of the retiring employee prior to completion of the installment payments provided for in this section, the remaining installments shall be paid to the estate, heirs, or successors in interest of such deceased employee on the same basis to which the retiring employee would have been entitled had he or she survived. Any deductions required by State or Federal Laws shall be made prior to payment of the net amount due. In the event of the death of the licensed employee prior to payment of the early retirement incentive but after the licensed employee's retirement has begun, the early retirement incentive will be paid to the designated beneficiary in one lump sum payment. In the event no beneficiary is designated, the incentive will be paid to the licensed employee's estate in one lump sum payment. Early Retiree Remaining on School Health Insurance: There are no beneficiaries for the HRA. A surviving spouse or qualifying dependent will still be able to access funds for eligible medical expenses and premiums. If the participant does not have a surviving spouse or qualifying dependent, the executor of their estate or trustee can use the remaining funds to reimburse eligible medical expenses and premiums not previously submitted on the participant’s behalf. If an account balance still remains after 12 months with no plan activity, the balance will forfeit back to the employer. |
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.
Iowa Code §§ 97B; 216; 279.46; 509A.13.
Cross Reference:
407.3 Licensed Employee Retirement
413.2 Classified Employee Retirement
Approved: 2/13/2023 Reviewed: __________ Revised: ___________
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 insurance 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
Approved: 02/13/2023 Reviewed: ______________ Revised: _______________
Board policy 407.6, Licensed Employee Early Retirement, allows the employee to continue to participate in the school district's group health insurance plan until age 65 by meeting the requirements of the insurer.
The licensed employee is responsible for the cost of the health insurance premium. The licensed employee must pay the employee's share of the premium by paying the monthly premium amount in full to the board secretary prior to the due date of the school district's premium payment to the insurance carrier.
The undersigned licensed employee __________________ (does, does not) wish to continue to participate in the school district's group health insurance plan.
______________________________________ ________________
Licensed Employee Date
Approved: 02/13/2023 Reviewed: __________ Revised: ___________
The undersigned licensed employee is applying for early retirement pursuant to board policy 407.6, Licensed Employee Early Retirement. Please complete the following information:
(Full Legal Name of Licensed Employee) ____________________________________ (Social Security Number) ______________________________
(Current Job Title) ___________________ (Date of Birth)____________ (Years of Service)___________
Please attach a letter of resignation effective the last contractual day 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 ___________
Approved: 02/13/2023 Reviewed: __________ Revised: __________