407 - Licensed Employee Termination of Employment
407 - Licensed Employee Termination of Employment dawn.gibson.cm… Mon, 06/22/2026 - 15:26407.01 - Licensed Employee Resignation
407.01 - 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.
I.C. Iowa Code Description
Iowa Code § 279.13 Directors - Powers and Duties - Contracts with Teachers
Iowa Code § 279.19A Directors - Powers and Duties - Extracurricular Contracts
Iowa Code § 91A.2 Wage Payment Collection - Definitions
Iowa Code § 91A.3 Wage Payment Collection - Mode of Payment
Iowa Code § 91A.5 Wage Payment Collection - Deductions
Cross References: 405.03 Licensed Employee Individual Contracts
405.04 Licensed Employee Continuing Contracts
Approved: 2/15/2016, 8/16/2021, 11/17/2025
Reviewed: 10/20/2025
Revised: 10/20/2025
407.02 - Licensed Employee Contract Release
407.02 - 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 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 Bureau 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.
I.C. Iowa Code Description
Iowa Code § 216 Civil RIghts Commission
Iowa Code § 279.13 Directors - Powers and Duties - Contracts with Teachers
Iowa Code § 279.19A Directors - Powers and Duties - Extracurricular Contracts
Iowa Code § 279.46 Directors - Powers and Duties-Retirement Incentives
Iowa code § 256 Dept. of Education
Iowa Code § 91A.1 Wage Payment Collection - Short Title
Cross References: 405.03 Licensed Employee Individual Contracts
405.04 Licensed Employee Continuing Contracts
407.03 Licensed Employee Retirement
Approved: 2/15/2016, 8/16/2021, 11/17/2025
Reviewed: 10/20/2025
Revised: 10/20/2025
407.03 - Licensed Employee Retirement
407.03 - 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 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.
I.C. Iowa Code Description
Iowa Code § 216 Civil RIghts Commission
Iowa Code § 279.46 Directors - Powers and Duties-Retirement Incentives
Iowa Code § 97B IPERS
I.A.C. Iowa Administrative Code Description
281 I.A.C. 21 Community Colleges
Cross References: 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
Approved: 2/15/2016, 8/16/2021, 11/17/2025
Reviewed: 10/20/2025
Revised: 10/20/2025
407.04 - Licensed Employee Suspension
407.04 - 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.
I.C. Iowa Code Description
Iowa Code § 20.24 Collective Bargaining - Electronic Filing Service
Iowa Code § 20.7 Collective Bargaining - Public Employer Rights
Iowa Code § 279 Directors - Powers and Duties
Case Law Description
McFarland v. Bd, of Ed. Norwalk CSD 277 N.W.2d 901 (Iowa 1979)
Northeast Ed Assoc. v. Northeast CSD 402 N.W.2d 765, 769 (Iowa 1987)
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
Approved: 3/21/2016, 8/16/2021, 11/17/2025
Reviewed: 10/20/2025
Revised: 10/20/2025
407.05 - Licensed Employee Reduction in Force
407.05 - 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. The process for reduction in force shall be as follows:
- 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 will be followed.
The requirements stated in the current NOTICE OF TERMS & CONDITIONS document regarding the reduction in force of such employees will be followed.
Legal Reference: Iowa Code §§ 20; 279
I.C. Iowa Code Description
Iowa Code § 20 Collective Bargaining
Iowa Code § 279 Directors - Powers and Duties
Cross References: 407.04 Licensed Employee Suspension
413.05 Classified Employee Reduction in Force
Approved: 3/21/2016, 8/16/2021, 11/17/2025
Reviewed: 10/20/2025
Revised: 10/20/2025