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 (21 days from date of
issue).  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 (2007).

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

Approved    7/27/2009  _                   
Reviewed   6/16/2014                                                                            
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 $3,000 to the board district for the cost of liquidated damages incurred (extra work of staff, advertising, etc. ) 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. 

 

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 moneys 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 §§ 216; 272; 279.13, .19A, .46 (2007).
                                       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    7/27/2009  _                   
Reviewed   6/16/2014                                                                           
Revised                   

 

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 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.

 

NOTE:  Mandatory retirement ages are a violation of federal law.  The witnessing of the retiring employee's letter is to protect the school district in the event an employee alleges that the school district forced the employee to retire.

 

 

Legal Reference:  Iowa Code §§ 97B; 216; 279.46 (2007).
                                       581 I.A.C. 21.
                                       1978 Op. Att'y Gen. 247.
                                       1974 Op. Att'y Gen. 11, 322.

Cross Reference:  401.14  Recognition for Service of Employees
                                        407.6    Licensed Employee Early Retirement

Approved    7/27/2009  _                   
Reviewed   6/16/2014                                                                            
Revised                   

 

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 (2007).

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

Approved    7/27/2009  _                   
Reviewed   6/16/2014                                                                            
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 superintendent shall follow the requirements state in the Master
Contract between employees in that certified bargaining unit and the board regarding the reduction in force of such employees.

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

 

 

Legal Reference:  Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2007).

Cross Reference:  407.5    Licensed Employee Suspension
                                       413.6    Classified Employee Reduction in Force
                                       703       Budget

Approved    7/27/2009  _                   
Reviewed   6/16/2014                                                             
Revised                   

 

The school district offers an early retirement plan for full-time licensed employees.  Full-time licensed employees are licensed employees who work 40 hours per week for 190
work days per year 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:

            Has reached or will reach at least the age of 55 at the actual date of retirement;

            Completes a total of 20 years of service as a full-time licensed employee to the school district;

            Submits an application to the superintendent for participation in the plan not later than January 15 of the year in which the licensed employee wishes to retire.

                            Applications submitted after January 15 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.

            Has not received a notice concerning termination of the employee contract, unless the notice is based upon reasons which are related to staff reduction.

            Has not previously received early retirement benefits from the District.

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.

Early retirement benefits are offered as an inducement to, and consequence of, retirement and are not to be construed as a continuation of salary.

The Board reserves the right to amend or revoke this Early Retirement Policy or any provisions of this policy at any time, with or without notice.

The Board reserves the right to waive any requirement or condition of this policy at its discretion and at any time.  Any decision by the Board to waive a requirement or
condition which is a part of this policy shall not establish any precedent with regard to future requests for a waiver.

 

Board's Right To Limit or Deny Benefits

The board reserves the right to determine whether any early retirement benefits will be paid in a given year, and, if so, to determine how many employees will be granted
benefits.  The Board expressly reserves the right to reject any application for early retirement benefits.

If the Board decides that only a limited number of employees will be granted early retirement benefits in a given year, the Board will then determine the maximum number of
employees who may receive benefit.  Recipients will be selected on a seniority basis.  If there is a tie between or among employees using the seniority rule, the tie will be
broken by a random process.  Seniority is defined in terms of the number of years served in the district.

 

Health Reimbursement Arrangement

The early retirement incentive for each eligible licensed employee approved by the board will be a lump sum amount of $20,000 and an additional amount based on $50 per day, up to
90 days, of unused sick leave at the time of retirement - the total amount to be paid into a health reimbursement arrangement administered by a firm of the school district's choosing. 
Should the employee have at least 90 days of unused sick leave at the end of the retirement year, an additional $500 will be added to make a total of $25,000.   Early Retirement
benefits will be paid to the health reimbursement arrangement in three installments on the first of September each year for three consecutive years starting with the employee's year of
retirement.  Payments will be made as follows:

        Year 1          $10,000

        Year 2          $10,000         

        Year 3          The balance remaining as determined by unused sick leave.

 

Continuation of Insurance Benefits

Employees retiring under the early retirement program are eligible to continue participation in the School District's group insurance plan until Medicare eligible at the
employee's own expense.  Employee must meet the requirements of the insurer and must pay the monthly premium amount in full to the board secretary prior to the due date
for the School District's premium payment to the insurer.

 

 

Legal Reference:  29 U.S.C. §§ 621 et seq. (2004).
                                        Senate File 2366, 77^th General Assembly, 2^nd Reg. Sess. (1998).
                                        Iowa Code §§ 97B; 216; 279.46; 509A.13 (2007).
                                        581 I.A.C. 21.
                                        1978 Op. Att'y Gen. 247.
                                        1974 Op. Att'y Gen. 11, 322.

Cross Reference:  401.14     Recognition for Service of Employees
                                        407.3       Licensed Employee Retirement

Approved    2-15-2010                                                              
Reviewed   6/16/2014           
Revised     5-17-2010