Code No.  407.1

 

 

LICENSED EMPLOYEE RESIGNATION

 

 

A licensed employee who wishes to resign must notify the superintendent in writing prior to June 1.  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 (1993).

 

 

Cross Reference:        405.3  Licensed Employee Individual Contracts

                                    405.4  Licensed Employee Continuing Contracts

                                    407    Licensed Employee Termination of Employment

 

 

 

 

 

 

Approved          8/23/94             Reviewed          02/12/96; 2/08/99; 2/09/04; 3/09/09; 2/2/14; 2/13/24                Revised            

                                                                       

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Licensed employees who wish to be released from an executed contract must give at least thirty 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 shall have sole discretion to determine what constitutes unusual and extreme circumstances.

 

Release from a contract shall be contingent upon finding a suitable replacement. Licensed employees requesting release from a contract after it has been signed and before it expires will 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 cost may be deducted from the employee's salary. Payment of these costs shall be 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 authorized to file a complaint with the Board of Educational Examiners against a licensed employee who leaves without proper release from the board.

 

 

Legal Reference:         Iowa Code §§ 216; 272; 279.13, .19A, .46 (1993).

                                    1978 Op. Att'y Gen. 247.

                                    1974 Op. Att'y Gen. 11, 322.

 

 

 

 

Cross Reference:         405.3  Licensed Employee Individual Contracts

                                    405.4  Licensed Employee Continuing Contracts

                                    407.3  Licensed Employee Retirement

 

 

 

 

Approved: 8/23/94

Reviewed: 2/12/96; 2/08/99; 2/09/04; 3/09/09; 7/2/19; 2/13/24

Revised:  5/11/23

Code No.  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 made when the licensed employee states in writing to the superintendent prior to June 1 of 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 shall be within the discretion of the board to determine whether special circumstances exist.

Board action to approve a licensed employee's application for retirement shall be final and such action constitutes non-renewal 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 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

                                    281 I.A.C. 21.

                                 

 

Approved:  8/23/94            

Reviewed:  02/12/96; 2/08/99; 2/09/04; 3/09/09; 2/12/14; 7/2/19; 2/13/24                     

Revised            

                           

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  407.4

LICENSED EMPLOYEE SUSPENSION

Licensed employees shall 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 shall be within the discretion of the superintendent to suspend a licensed employee with or without pay.

In the event of a suspension, appropriate due process shall be followed.

 

 

Legal Reference:  Northeast Community Education Association v. Northeast Community   

                       School District, 402 N.W.2d 765 (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 (1993).

 

 

Cross Reference:

 

 

 

 

 

 

Approved:  8/23/94            

Reviewed:  02/12/96; 2/08/99; 2/09/04; 3/09/09; 2/12/14; 7/2/19; 2/13/24             

Revised            

 

                                                                   

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  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 shall be the responsibility of the superintendent to make a recommendation for termination to the board.  The superintendent shall consider the following criteria in making the recommendations:

• 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.

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

 

 

Legal Reference:           Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (1993).

 

Cross Reference:           407.4  Licensed Employee Suspension

 

Approved:  8/23/94            

Reviewed:  02/12/96; 2/08/99; 2/09/04; 3/09/09; 2/12/14; 7/2/19; 2/13/24                      

Revised            

                                                                    

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS