407 - Licensed Employee Termination of Employment
407 - Licensed Employee Termination of Employment dawn.gibson.cm… Tue, 06/22/2021 - 21:59407.1 - Licensed Employee Resignation
407.1 - Licensed Employee ResignationA 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: 4-10-89
Reviewed: 3-13-23
Revised: 3-13-23
407.1R1FC - Licensed Employee Early Resignation Incentive
407.1R1FC - Licensed Employee Early Resignation IncentiveThe Forest City Community School District will pay licensed employees a stipend from $200 to $1000 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: $1,000
- February: $600
- March: $200
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: 11-8-07
Reviewed: 3-13-23
Revised: 5-10-21
407.2 - Licensed Employee Contract Release
407.2 - Licensed Employee Contract ReleaseLicensed 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: 6-14-21
Reviewed: 5-8-23
Revised: 5-8-23
407.3 - Licensed Employee Retirement
407.3 - Licensed Employee RetirementLicensed 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: 6-14-21
Reviewed: 3-13-23
Revised: _____
407.4 - Licensed Employee Suspension
407.4 - Licensed Employee SuspensionLicensed 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: 4-10-89
Reviewed: 3-13-23
Revised: 3-13-23
407.5 - Licensed Employee Reduction in Force
407.5 - Licensed Employee Reduction in ForceThe 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: 6-14-21
Reviewed: 03-13-23
Revised: 03-13-23
407.5R1FC - Licensed Employee Reduction in Force
407.5R1FC - Licensed Employee Reduction in ForceA. Coverage
All employees are covered, including employees on extended leave of absence.
B. Definition
- K-4 Classroom Teachers
- 5-8 Subject Matter Teachers
- 9-12 Subject Matter Teachers
- Art (K-12)
- Instrumental Music (K-12)
- Vocal Music (K-12)
- Physical Education (K-12)
- Talented & Gifted (K-12)
- Title I (K-4), (5-8), (9-12)
- Guidance (K-4, (5-8), (9-12)
- Special Education By Certification
- Study skills teacher (K-12)
- Alternative H.S. teacher (9-12)
- Media Service (K-12)
- Technology Director (K-12)
Employees shall be classified based upon their assignment during the school year in which staff reduction procedures are commenced. An employee with an assignment in more than one of the categories listed above in this section shall be classified in the category in which he/she has the greatest number of periods of assignment. If the number of periods of an employee's assignment are equal, then the employee shall be classified in the category in which he/she has the greatest length of service
C. Layoff procedures
When the Board determines that employees should be laid off, the following procedure will determine the order in which employees shall be laid off:
- The Board shall first attempt to make all staff reductions through attrition. Attrition shall only be deemed to have occurred where the Board has received resignations in the classification in which reduction is sought prior to the issuance by the Superintendent of Notice of Intent to Terminate Contract.
- Unless the employees are needed to maintain an existing program, employees with emergency and/or temporary certification will be laid off first.
- Unless the employees are needed to maintain an existing program, probationary employees will be laid off next. If there is more than one probationary employee in the affected job classification, the probationary employees will be laid off based upon seniority.
- If the staff reduction cannot be fully accomplished following the layoff of employees as provided in (C) (1) through (3), then the employee(s) in the job classification with the least seniority shall be laid off.
- An employee who has initially been identified for layoff as provided in (C) (4) shall have the right to displace the least senior employee in another job classification, provided the initially-identified employee has previously taught in that classification in the School District or has successfully completed (Grade of C or better) six graduate hours of credit in the subject matter of that classification within the last five (5) years.
D. Recall Procedures
Any employee who is laid off or who resigns upon request for reasons of staff reduction will be recalled if there is a vacancy in his or her curricular and subject area and level as contained in Section B of this Article. Vacant positions shall be offered to employees who are on recall before the positions are posted for transfer.
Employees shall have recall rights for a period of three (3) years from the last day of school year during which they were laid off or resigned. Employees shall provide written notice by certified mail to the Superintendent if they wish to be recalled. Such notice must be postmarked within fifteen (15) calendar days following the date of the employee's letter of resignation or the date of the employee's notice of termination of contract.
Notice of recall will be give by certified mail to the last address given to the Board by the employee. An employee must respond by certified mail postmarked within ten (10) calendar days after receipt of the notice of recall or the employee will be considered to have refused the offer of recall. The order of recall will be as follows: first, employees who resigned will be recalled in order of their resignation, and, second, employees who were laid off will be recalled in order of their termination.
E. Benefits
Any employee who is recalled shall be placed on the salary schedule at the step above the one in effect at the time of departure, plus experience in another school within the limits specified in this Agreement. Employees who are recalled will also have their sick leave benefits restored to the same level as existed at the end of the year during which they were laid off.
Approved: 4-14-86
Reviewed: 03-13-23
Revised: 5-10-21
407.6 - Licensed Employee Early Retirement
407.6 - Licensed Employee Early RetirementThe Forest City 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: 6-14-21
Reviewed: 03-13-23
Revised: _____