407 - Licensed Employee Termination of Employment

407 - Licensed Employee Termination of Employment dawn.gibson.cm… Mon, 06/20/2022 - 12:15

407.1 - Licensed Employee Resignation

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 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: 11-15-21
Reviewed: 3-20-23
Revised: 3-20-23

 

dawn.gibson.cm… Tue, 06/21/2022 - 08:32

407.1RCS - Licensed Employee Early Resignation Incentive

407.1RCS - Licensed Employee Early Resignation Incentive

The Central Springs Community School District will pay licensed employees a stipend for the submission of an early resignation letter. The stipend will not be offered for supplemental contracts. The stipend will decrease as the year progresses. Resignations must be turned into the superintendent by the last day of the month. If the last day of the month falls on a weekend, then the resignation must be turned into the superintendent by the last Friday of the month prior to the weekend. Stipends will be included in the employee’s final paycheck.

This stipend is not to be used in conjunction with an early retirement package incentive.

Early stipend amounts will be as follows:

  • January or before: $750
  • February: $500
  • March: $250

 

 

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

Approved: 12-14-21  
Reviewed: 3-20-23
Revised: _____

 

dawn.gibson.cm… Tue, 06/21/2022 - 08:32

407.2 - Licensed Employee Contract Release

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 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 of the 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

Approved: 11-15-21
Reviewed: 5-15-23
Revised: 5-15-23

 

dawn.gibson.cm… Tue, 06/21/2022 - 08:28

407.3 - Licensed Employee Retirement

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 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:
407.2 Licensed Employee Contract Release

407.6 Licensed Employee Early Retirement

Approved: 11-15-21 
Reviewed: 03-20-23
Revised: 03-20-23

 

dawn.gibson.cm… Tue, 06/21/2022 - 08:27

407.4 - Licensed Employee Suspension

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, 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 Series
407 Licensed Employee Termination of Employment

Approved: 11-15-21 
Reviewed: 03-20-23
Revised: 03-20-23

 

dawn.gibson.cm… Tue, 06/21/2022 - 08:30

407.5 - Licensed Employee Reduction in Force

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, 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.

 

 

Legal Reference:
Iowa Code §§ 20; 279

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

Approved: 11-15-21 
Reviewed: 3-20-23
Revised: 3-20-23

 

dawn.gibson.cm… Tue, 06/21/2022 - 08:29

407.6 - Licensed Employee Early Retirement

407.6 - Licensed Employee Early Retirement

The Central Springs Community School District may, from time to time, offer an early retirement plan benefit to employees of the school district. The superintendent and Board of Education is responsible for determining the need for an early retirement plan and for devising a plan that is beneficial to the school district and individual employees.

 

 

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: 11-15-21
Reviewed: 3-20-23
Revised: _____

 

dawn.gibson.cm… Tue, 06/21/2022 - 08:31