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
                                     407        Licensed Employee Termination of Employment

Initially Approved   03-12-2001                       
Last Reviewed   12-22-2021                             
Last Revision                              

 

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, and to the extent allowed by law,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. 

 

 

 

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

Initially Approved   03-12-2001                       
Last Reviewed   05-24-2023                            
Last Revision    05-24-2023   

 

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.
                                      281 I.A.C. 21.

Cross Reference: 407.6   Licensed Employee Early Retirement

Initially Approved   03-12-2001                       
Last Reviewed   12-22-2021                             
Last Revision   07-08-2020

 

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.

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

Initially Approved   03-12-2001                       
Last Reviewed   12-22-2021                            
Last Revision                              

 

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:

• 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.

 

 

Legal Reference: Iowa Code §§ 20; 279.

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

Initially Approved   03-12-2001                        
Last Reviewed   12-22-2021                           
Last Revision     10-10-2018    

 

1.  PURPOSE

It is the expressed intent of the Board, through this policy, to acknowledge full time certified employees who have provided years of service to the School District by offering them a voluntary early retirement incentive subject to the terms and conditions set out in this Policy. 

2.  STATEMENT OF NON-DISCRIMINATION

The School District will not discriminate against any employee on the basis of age, gender, race, color, creed, religion, national origin, or disability through the application or administration of this policy.

3.  ELIGIBILITY

A regular, full-time certified employee is eligible for early retirement if the employee:

a.  has reached at least the age of 55 by January 1 of current school year,

b.  has continuously worked a minimum of the most previous ten years of service at the School District and is actively employed on a full-time basis as a certified teacher during the last school year prior to early retirement,

c.  notifies the board as provided by this Policy, not later than 4:00 pm on December 23rd, 

d.  retires effective not later than the end of the current contract year,

e.  is not eligible for, applying for, or receiving benefits under a leave of absence or other District plan,

f.  has not received a notice as of December 23rd concerning termination of the employee’s contract, unless the notice is based upon reasons which are related to staff reduction, and

g.  has not previously received early retirement benefits from the School District      

4.  DEFINITION OF TERMS

a.  Years of service - Years of service must be consecutive and most recent.

b.  Continuously Worked - Continuous employment must be without any voluntary interruptions of service.  Interruptions due to reductions in force or due to approved leaves of absence will not constitute a voluntary interruption in service, unless the interruption or leave exceeds twenty-four (24) consecutive months in length.  However, the period of time during which an employee is absent due to a reduction in force or due to an approved leave will not be counted for purposes of determining the minimum years of service required to establish eligibility.

c.  Regular full-time certified employee - A regular full-time certified employee is an employee who works as a teacher or other member of the teachers’ bargaining unit a minimum of seven hours per work day for 180 work days or more each school year.

d.  “Actively employed” – means the employee has been at work and performing assigned duties for at least 80 percent of the work days over the previous 12 months.

5.             APPLICATION

a.  Under ordinary circumstances, applications must be received by the Superintendent not  later than 4:00 pm on December 23rd in the year in which retirement is to take effect.

b.  The date of retirement for eligible employees will ordinarily be the end of the individual’s contract year.  However, another date may be requested and approved by the Board.

c.  Application materials must include the following forms:

1. Request for Retirement and Resignation of all current district contracts
    
2. Designation of Beneficiary Form
    
3. Release of Claims Form
    
4. Agreement Not to Reapply for Employment.  (However, this agreement does not prohibit the School District from offering employment to the employee in the future.)

d.  An employee’s application for early retirement benefits is not, in itself, a resignation nor does it require the Board to accept the application.  However, acceptance by the Board of an employee’s application for early retirement will be considered a voluntary resignation and termination of the employee’s contract of employment.  If the Board does not accept the employee’s application, the employee’s contract will continue in effect.

6.  BOARD’S RIGHT TO LIMIT OR DENY BENEFITS

a.  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.

b.  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 years of service.  If there is a tie between or among employees using the seniority rule, the tie will be broken by a random process.

c.  Each year this policy is in effect, the Board will make a determination regarding the payment of early retirement benefits and announce its decision to employees no later than November 1st.

7.  EARLY RETIREMENT BENEFIT

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

b.  Payment of this benefit, in one lump sum, shall be made in September of the year in which the retirement begins.

c.  In the event of the death of the early retiree, any remaining or unpaid benefit will be paid to the beneficiary designated by the retiree or, if no beneficiary is designated, to the retiree’s estate.

d.  Payments are subject to applicable taxes such as withholding for federal and state income taxes, social security etc.  Employees will not be paid interest on any funds held by the District.

8.  CONTINUATION OF INSURANCE

Employees retiring under the early retirement program are eligible to continue participation in the school district’s group insurance plan at the employee’s own expense until the employee reaches sixty five years of age.  Employees 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. 

9.  RIGHT TO AMEND OR REVOKE

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

The Board also 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.

 

 

Initially Approved   03-08-1999                 
Last Reviewed.    12-22-2021              
Last Revision 12-09-2020