LICENSED EMPLOYEE RESIGNATION

Transcription

1 Code No LICENSED EMPLOYEE RESIGNATION The Board expects that all signed, fully executed contracts, will be performed as stated. Release from a fully executed contract following a resignation request from a licensed employee is at the sole discretion of the Board. Release from a contract shall be contingent upon finding a qualified and suitable replacement in the judgement of the administration and Board. Licensed Employee requesting release from a contract after it has been signed and before it expires will be required to pay for expenses incurred to locate and hire a suitable replacement. Upon written mutual agreement between the employee and the superintendent, or in the case of the superintendent a designee of the Board, 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 action being filed in small claims court. A Licensed employee may be released from his or her contract under the following circumstances: a. The request for release is made prior to May 1 and a qualified and suitable replacement can be contracted for the same position. b. Requests made after May 1 for release from contract can be made only with the teacher paying the cost of expenses incurred to locate and hire a suitable replacement. Unless a replacement suitable to the administration and Board can be found, the request may be denied. c. Release from contract after June 1 may be denied, unless in the judgment of the administration and Board, a suitable replacement can be found and contracted. Acceptance of late resignations will be the exception rather than the rule. The Board may, however, require an individual who has resigned from an extracurricular contract to accept the resigned position 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. The superintendent is authorized to file a complaint with the Board of Educational Examiners against any licensed employee who leaves without proper release from the Board. Should such an instance arise, the resignation of the Licensed employee may be accepted under protest or the Licensed employee may be terminated so that replacement staff may be hired without jeopardizing the legal rights of the district. Legal Reference: Iowa Code 216; 272; ,.19A,.46 (2003) Op. Att y Gen Op. Att y Gen. 11, 322. Cross Reference: Licensed Employee Individual Contracts Licensed Employee Continuing Contracts Licensed Employee Retirement

2 Code No 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 shall have sole discretion to determine what constitutes unusual and extreme circumstances. Release from a contract shall 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 for 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 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 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; ,.19A,.46 (2003) Op. Att'y Gen Op. Att'y Gen. 11, 322. Cross Reference: Licensed Employee Individual Contracts Licensed Employee Continuing Contracts Licensed Employee Retirement Approved Reviewed / Revised

3 Code No 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 November 15, 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; (2003) 581 I.A.C Op. Att'y Gen Op. Att'y Gen. 11, 322.

4 Code No EARLY RETIREMENT OPTIONS The purpose of the policy is to provide eligible employees, without hardship or prejudice, an opportunity to apply for early retirement as provided herein. This policy provides an incentive that allows an orderly means of attrition of employees or as an alternative in the event of the need to reduce staff. This could provide savings on staff costs as well as maintain a mixture of experienced teachers along with less experienced teachers with new educational background and learning. Cross-Reference: Recognition for Service of Employees

5 See separate policy Code No E

6 Code No LICENSED EMPLOYEE SUSPENSION Licensed employees shall 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 shall be within the discretion of the superintendent to suspend a licensed employee with or without pay. In the event of a suspension, appropriate due process shall 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; , ,.27 (2003). Cross-Reference: 404 Employee Conduct and Appearance 407 Licensed Employee Termination of Employment

7 Code No 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, 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 shall be 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: 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 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; , ,.27 (2003). Cross-Reference: Licensed Employee Suspension Classified Employee Reduction in Force 703 Budget