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:      06/21/2021

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; 272; 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:      

Revised:         

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 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 stating intent to retire must be witnessed by another party other than the principal or superintendent. Applications for retirement made at a different time than stated in the preceding paragraph may be considered by the Board of Directors if special circumstances exist.  It shall be within the discretion of the Board to determine whether or not special circumstances exist. 

Board action to approve a licensed employee’s application for retirement shall be final and such action constitutes termination 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 who meet the age and service requirements who file a letter of intent to retire prior to any stated deadline may qualify for early retirement incentive benefits, if the Board has authorized such early retirement benefits.

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
                                      581 I.A.C. 21

Cross Reference:  407.6  Certified Personnel - Early Retirement

Adopted:        07/12/84
Reviewed:      06/21/2021
Revised:          02/17/2020

Every employee shall perform his/her assigned job to the best of his/her ability, respect and follow Board policy and terms of condition of the master agreement with any applicable duly recognized bargaining unit, and respect and obey the law.

The Board of Directors may, by majority vote, discharge any employee for just cause.

The superintendent is authorized to suspend a licensed employee pending Board action on a dismissal, which may be immediately for cause, for investigation of charges against the employee, and for disciplinary purposes.  Applicable federal and Iowa laws to insure due process will be adhered to if an employee is suspended pending Board action for possible employment termination.

It shall be within the discretion of the superintendent to determine whether a suspension of a licensed employee will be with or without pay.  In the event of a suspension, due process will be followed.

Legal Reference:  Northeast Community Education Association vs. Northeast Community School District, 402 N.W. 2d 765 (Iowa 1967).
                                      McFarland vs. 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 (1997)

Adopted:        07/12/84
Reviewed:      06/21/2021

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. 1. Attrition (normal turnover due to retirement, resignation, transfer, etc.)
2. 2. 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:
3. 1. 1. In grades PreK-6, remedial position included, the basic seniority principle (total years of teaching experience within that range of grades) shall apply.
4. 1. 2. 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.
5. 1. 3. 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.
6. 1. 4. 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

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

Adopted:         07/12/84
Reviewed:      06/21/2021
Revised:          08/19/2019

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 1^st  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 1^st 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:   07/15/1996
Revised:   01/18/1999
Revised:  02/25/2002
Revised:  11/15/2004
Revised:  08/21/2006
Revised:  11/17/2008
Revised:  12/21/2009
Reviewed: 06/21/2021