407 LICENSED EMPLOYEE TERMINATION OF EMPLOYMENT

407.1 LICENSED EMPLOYEE RESIGNATION

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 shall be accepted by the board.

 

A licensed employee resigning their contract for the following school year prior to April 1 of the current year will receive an Early Notification of Non-renewal incentive in the amount set annually by the board.  A licensed employee resigning their contract for the following year on or after April 1 but prior to April 16 will also receive an Early Notification of Non-renewal incentive in the amount set annually by the board.  Licensed employees resigning on or after April 16 will not receive the incentive.  The incentive shall not apply to extracurricular contracts, the superintendent’s contract, or to the contracts of employees that qualified for an early retirement incentive as outlined in Board Policy #407.6.

 

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

                                    407.6   Licensed Employee Early Separation

Approved:                   2-14-83

Reviewed:                   6-14-93, 11-13-06, 1-23-12, 11-28-16

Revised:                      6-9-97, 6-9-03, 4-8-19

407.2 LICENSED EMPLOYEE CONTRACT RELEASE

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 actual 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 (2013).

                                    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:       6-9-97

Reviewed:       11-13-06, 1-23-12, 11-28-16

Revised:          6-9-03

 

407.3 LICENSED EMPLOYEE RETIREMENT

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 shall be within the discretion of the board to determine whether special circumstances exist.

Board action to approve a licensed employee's application for retirement shall be final and such action constitutes non-renewal 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 (2013).

                                    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:       6-9-97

Reviewed:       11-13-06, 1-23-12, 11-28-16

Revised:          6-9-03

 

 

407.4 LICENSED EMPLOYEE SUSPENSION

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 (2013).

Cross Reference:         404      Employee Conduct and Appearance

                                    407       Licensed Employee Termination of Employment

Approved:                   6-9-97

Reviewed:                    6-9-03, 11-13-06, 1-23-12, 11-28-16

Revised:           

407.5 LICENSED EMPLOYEE REDUCTION IN FORCE

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, shall 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 consider the following criteria in making the recommendations:

        1.       Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing;

        2.       Relative skills, ability and demonstrated performance;

        3.       Qualifications for co-curricular programs; and

        4.       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 shall 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 shall be followed.

 

Legal Reference:          Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2013).

Cross Reference:         407.5   Licensed Employee Suspension

                                    413.6   Classified Employee Reduction in Force

                                    703      Budget

Approved:                   6-9-97

Reviewed:                    11-13-06, 1-23-12, 11-28-16

Revised:                       6-9-03

 

407.6 LICENSED EMPLOYEE EARLY SEPARATION

The Board of Education of the Mid-Prairie Community School District may deem it appropriate to provide an early retirement incentive to licensed employees of extended tenure who opt to separate from the district pursuant to this program. The purpose of this program is to provide the district's employees with the option and opportunity for early separation from their employment with the district. This early separation program is designed to show the district's appreciation for the services an employee has rendered to the district and to aid the employee in his or her transition from public service to retirement.

The board has the option to review the feasibility of this program annually. By December 15 of each year, the board will determine the maximum number of employees who will be eligible to receive benefits under this policy’s provisions at the end of the current contract year and the amount of the benefit. The board's decision may take into consideration the district's financial needs, staffing considerations, student enrollment and possible contract savings.

1.         Eligibility

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 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:

a. Has reached the age of 55 on or before June 30 of the year in which the licensed employee wishes to retire and has 20 years of total experience as a teacher and/or administrator.

b. The last 10 years of service prior to retirement shall be consecutive service to Mid-Prairie Community School District. Board approved leave shall not be considered an interruption when calculating consecutive service.

c. Submits an application to the superintendent for participation in the plan on or before 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;

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

e. 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 the early retirement incentive to the licensed employee.

Employees will not qualify for this early separation program if:

a. They are scheduled for layoff or staff reduction;

b. They have received an official notice of layoff or termination;

c. They are subject to termination pursuant to Iowa Code Sections §279.15, §279.24, §279.25 or §279.29; or

d. They are on disability leave.

Approval by the board of the licensed employee's early retirement application shall constitute a voluntary resignation. 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.

2. Contribution toward Health Insurance

An employee who applies, qualifies and is accepted for the Mid-Prairie Community School District Early Separation Program shall receive a set amount per month toward district health insurance up until the time the employee qualifies for Medicare. The amount of the benefit will be determined prior to December 15 of the current contract year for employees retiring at the end of the current school year. 

In the event this Early Separation Program is altered or discontinued, persons who separated from the district under this program will continue to receive benefits under this program as authorized by the Board of Education in accepting the employee's letter of resignation.

3. Termination at Death

An employee's right to receive benefits under the Mid-Prairie Community School District's Early Separation Program shall terminate on the death of the employee and neither his or her estate, heirs, successors or assigns shall be entitled to any further benefits under the Mid-Prairie Community School District's Early Separation Program notwithstanding the fact the employee may not have received all of the benefits to which he or she would have been entitled had he or she lived.

4. Additional Conditions

The adoption of this program shall not vest any rights in any employee whether or not the employee is currently eligible for early separation. The board shall have the complete discretion to amend or repeal this program at any time when in the judgment of the board the district no longer realizes economic benefit from this program or otherwise determines that the program is not in the best interest of the district. Furthermore, the district shall not be obligated to provide any of the benefits to any employee after the date of such amendment or repeal, except to those employees whose early separation pursuant to this program has commenced prior to the amendment or repeal.

Employees who elect to participate in this program shall be eligible to be re-hired in any capacity with the Mid-Prairie Community School District; however, the Mid-Prairie Community School District shall not be required to accept an application for employment from an employee who elects to participate in the district's Early Separation Program, provided, however, that at the sole discretion of the Superintendent, the district may employ persons who elected to participate in the district's Early Separation Program as substitute teachers. Each employee who elects to participate in the district's Early Separation Program must specifically agree to hold the district harmless and indemnify it if the employee attempts to submit an employment application or otherwise attempts to be re-employed with the district. If an individual who elects to participate in the program is subsequently employed by the Mid-Prairie Community School District as a full time employee (substitute teachers, substitute support staff members, and coaches excluded) the benefits of the district’s Early Separation Program shall immediately cease.

                                                                                                          

Legal Reference:    29 U.S.C. §§ 621 et seq. (2010).

                              Senate File 2366, 77th General Assembly, 2nd Reg. Sess. (1998).

                              Iowa Code §§ 97B; 216; 279.46; 509A.13 (2013).

                              1978 Op. Att'y Gen. 247.

                              1974 Op. Att'y Gen. 11, 322.

Cross Reference:   407.3      Licensed Employee Retirement

Adopted:          5-23-95

Reviewed:        8-11-03, 11-13-06, 1-23-12, 11-28-16

Revised:           7-14-97, 12-10-01, 11-10-08, 11-23-09