407 - Licensed Employee Termination of Employment

407 - Licensed Employee Termination of Employment dawn.gibson.cm… Fri, 07/16/2021 - 19:29

407.1 - Resignation of Licensed Personnel

407.1 - Resignation of Licensed Personnel

Resignations shall be written or typed, signed by the resigning party and directed to the superintendent of schools and referred to him/her to the Board of Directors with recommendations, as provided by statute.

The Board recognizes that there are some emergency circumstances which force an employee to request a release from a contract before the expiration date of the contract; therefore personnel will be released from their contracts at such time that a suitable replacement is secured.

An employee who requests release from a contract before the expiration date of the contract for reasons of other types of employment or for employment in another school district shall be released under the following conditions only:

            A]        Between June1st and June 30th

                        1.  Will not be released until a suitable replacement is secured.

                        2.  Must provide a certified/cashiers check of $400 to the Ed-Co School District to defray costs of securing a replacement.

            B]        Between July 1st and July 15th

                        1.  Will not be released until a suitable replacement is secured.

                        2.  Must provide a certified/cashiers check of $500 to the Ed-Co School District to defray costs of securing a replacement.

            C]        Between July 16th and August 1st

                        1.  Will not be released until a suitable replacement is secured.

                        2.  Must provide a certified/cashiers check of $600 to the Ed-CoSchool District to defray costs of securing a replacement.

            D]        After August 1st

                        1.  Will not be released until a suitable replacement is secured.

                        2.  Must provide a certified/cashiers check of $750 to the Ed-Co School District to defray costs of securing a replacement.

            Certain circumstances may exist whereby the Board would have the prerogative to waive A, B, C, or D.

In the event a staff personnel member terminates employment without proper release, the superintendent of school is directed to advise the Department of Education for appropriated action by the Department.

 

 

Legal Reference:  Code of Iowa Chapter 279.13

Adopted:        10/13/86
Reviewed:      07/13/2026

 

dawn.gibson.cm… Fri, 07/16/2021 - 19:36

407.2-Licensed Employee Contract Release

407.2-Licensed Employee Contract Release

LICENSED EMPLOYEE CONTRACT RELEASE

Code No. 407.2

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; 256; 279.13, .19A, .46.

 

Cross Reference:           405.3  Licensed Employee Individual Contracts

                                    405.4  Licensed Employee Continuing Contracts

                                    407.3  Licensed Employee Retirement

Adopted:         06/26/2023

Reviewed:      07/13/2026

Revised:         

bbolsinger@edg… Thu, 07/06/2023 - 09:22

407.3 - Licensed Employee Retirement

407.3 - Licensed Employee Retirement

 

LICENSED EMPLOYEE RETIREMENT

Code No. 407.3

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:            407.02 Licensed Employee Contract Release

407.06 Licensed Employee Early Retirement

407.06-E(1)    Licensed Employee Early Retirement - Acknowledgement of Receipt

407.06-E(2)      Licensed Employee Early Retirement - Insurance Options

407.06-E(3)      Licensed Employee Early Retirement - Application

407.6    Certified Personnel - Early Retirement

 

Adopted:           07/12/84

Reviewed:          07/13/2026

Revised:             07/13/2026

dawn.gibson.cm… Fri, 07/16/2021 - 19:33

407.4 - Licensed Employee Suspension or Discharge

407.4 - Licensed Employee Suspension or Discharge

LICENSED EMPLOYEE SUSPENSION

Code No. 407.4

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 References:

404       Employee Conduct and Appearance

404-R(1)           Employee Conduct and Appearance - Code of Professional Conduct and Ethics Regulation

404-R(2)           Employee Conduct and Appearance - Code of Rights and Responsibilities Regulation

407.05 Licensed Employee Reduction in Force

 

 

Adopted:           07/12/84

Reviewed:          07/13/2026

Revised:             07/13/2026

dawn.gibson.cm… Fri, 07/16/2021 - 19:35

407.5 - Licensed Employee Reduction in Force

407.5 - Licensed Employee Reduction in Force

The Board of Directors has exclusive authority for determining the appropriate number of licensed employees.  A reduction in number of licensed employees may occur as result of changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, or other reasons deemed relevant by the Board.

The reduction in number of licensed employees, other than administrators, will be done through normal attrition if possible.  If normal attrition does not meet the required necessary reduction in force, the board may terminate licensed employees.

It shall be the responsibility of the superintendent to make recommendations for termination to the Board.  The process for reduction in force shall be as follows:

  1. DEFINITION:

When one or more teachers are to be terminated because of change in the size or nature of student population, unavoidable budgetary limitations, or other factors seriously affecting the over-all operation of the school system, those teachers in the professional categories affected and with least continuous seniority in the Edgewood-Colesburg School District shall be terminated by the following order of procedures:

    1. Attrition (normal turnover due to retirement, resignation, transfer, etc.)
    1. The seniority principle shall apply system-wide, unless needed to maintain an existing program. The seniority principle shall be defined as the total number of years of teaching experience in the Edgewood-Colesburg school at the level or curriculum area where the reduction is needed.  When involuntary transfers occur, the administration will use the seniority principle in new assignments. The seniority principle shall apply as follows:
      1. In grades PreK-6, remedial position included, the basic seniority principle (total years of teaching experience within that range of grades) shall apply.
      1. In grades 7-12, the basic seniority principle shall apply within a curriculum area. The curriculum areas are defined as Science, Language Arts, Social Studies, Mathematics, Business, Music, Art, Guidance, World Languages, Driver’s Education and Media. If a curriculum area is eliminated, the teachers within that area should then have an opportunity to enter another curriculum area from which they are certified with selection again being based upon total years of teaching experience within that area.
      1. For persons in the areas of Music, Art, Physical Education, Special Education, Gifted and Talented, and Industrial Arts, who are certified for grades PreK-12, the basic seniority principle shall apply for the entire range of grades when transfer is attempted within these areas.
      1. For persons certified for grades PreK-12, excluding the areas mentioned in point “c”, the transfer from a secondary to elementary level, or vice versa, will be based upon the actual years of teaching experience within the area of attempted transfer, with the basic seniority principle again applying.

Extra duty assignments shall not be given preference above seniority rights.

            Due process for terminations due to a reduction in force shall be followed.

 

 

Legal Reference:  Iowa Code 20; 279

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

Adopted:         07/12/84
Reviewed:      04/13/2026
Revised:          08/19/2019

 

dawn.gibson.cm… Fri, 07/16/2021 - 19:29

407.6 - Voluntary Early Retirement for Licensed Personnel

407.6 - Voluntary Early Retirement for Licensed Personnel

The Edgewood-Colesburg Board of Education may provide an early separation incentive to licensed employees who apply for voluntary early retirement and meet the eligibility and application requirements of this policy.   The final decision on the acceptance of the early retirement application rests solely with the Edgewood-Colesburg Board of Education.

A. Eligibility Requirements

            To be eligible for early retirement benefits the employee must meet the following criteria:

            1.         Possesses an employment contract with the Edgewood-Colesburg Schools.

2.         Has reached age fifty-five (55) or will attain age fifty-five (55) before July 1st  of calendar year in which he/she is requesting voluntary early retirement.

3.         Has completed at least fifteen (15) years of contracted service in the Edgewood-Colesburg School District.

4.         Certified employee must be at least half-time to qualify.  Then retirement benefit will be commensurate with their F.T.E. at time of retirement.

            5.         Employees subject to discharge for cause are not eligible.

6.         An employee who is disabled and/or participating in the school district's long term disability coverage or an approved leave of absence at the time of application for early retirement shall not be eligible for benefits under this policy.

B. Application Requirements

1.         Employees wishing to apply for voluntary early retirement must submit the attached application to the superintendent with a letter of resignation on or before February 1st for retirement at the end of the current school year.

2.         Approval of the application for Voluntary Early Retirement constitutes termination of his/her contract. Non-approval of an early retirement application will void letter of resignation that was submitted to comply with this policy.

3.         Notification of approval or disapproval of the application will be made no later than the following of the next Board meeting after the application deadline.

C. Benefits

1.   The Edgewood-Colesburg Board of Directors will determine whether or not to offer an early separation incentive, and if they elect to offer an incentive they will determine the level of benefits at that time.

D. Closure

If an employee dies before or after applying for early retirement benefits, the employee or his/her estate shall not be entitled to any further benefits under the terms of this policy as of the date of the employee's death.

E. Review

The Edgewood-Colesburg Board of Education will review this policy by the December Board meeting to determine offering the early retirement plan for the current fiscal year.  For this policy to be in effect the Board must vote to offer the early retirement plan.  Benefits allowed individuals from a previously approved early retirement application shall continue in effect if the policy is discontinued or modified.

 

 

Adopted: 03/21/1994
Revised:  07/13/2026
Reviewed: 07/13/2026

 

dawn.gibson.cm… Fri, 07/16/2021 - 19:31