Code No. 407.1

LICENSED EMPLOYEE RESIGNATION

A 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 (2013).

Approved    9 -13 –93   Reviewed 11-21-16      Revised 8-19-2019

Code No. 407.2

LICENSED EMPLOYEE CONTRACT RELEASE

Licensed employees who wish to be released from an executed contract must give at least a twenty-one day 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 the 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 may be required to pay the board the cost of advertising incurred to locate and hire a suitable replacement.  Upon written mutual agreement between the employee and the superintendent, 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.

Legal References:

Iowa Code && 216: 272: 279.13, .19A, .46(2013).

1978 Op. Att'y Gen.247

1974 Op. Att'y Gen. 11.322

Approved                  Reviewed 11-21-16         Revised 8-19-2019

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, 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 

581 I.A.C. 21.

Approved 9-13-93 Reviewed  11-21-16   Revised  8-19-2019

Code No. 407.4

LICENSED EMPLOYEE SUSPENSION

Licensed employees willperform 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 (Iowa1979).

Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2013).

Approved 9-13-93        Reviewed 11-21-16       Revised 8-19-2019

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 is 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.

Due process for termination due to reduction in force will be followed.

Legal Reference: 

Iowa Code §§ 20.; 279.

Approved 9-13-93   Reviewed 11-21-16    Revised  8-19-2019

Code No. 407.6

LICENSED EMPLOYEE EARLY RETIREMENT

A.  Purpose: This voluntary early retirement program provides an incentive that allows an orderly means of attrition of employees, demonstrates the District’s appreciation for services employees have rendered to the District, aids employees in transition to retirement and Medicare eligibility, and provides an estimated cost savings to the District.

B.  Eligibility: This voluntary early retirement program applies to all licensed employees, including administrators, who are employed at least thirty (30) hours per week on a regular (non-substitute) contracts during the current contract year who resign effective at the end of the current contract year, who are at least fifty-six (55) years of age on July 1 of the elected year who have been employed with the Riverside Community School District for at least six (6) consecutive years immediately prior to July 1 of the elected year, and who were on active employment (not on leave) at least ninety (90) days during the current contract year.  Time on extended unpaid leave will not break years of service, but will not be counted towards the required six years.  If an employee previously received voluntary early retirement payments from the District and then was rehired, the employee is not eligible to again receive payments under this program.  Eligibility to receive these benefits is contingent upon having successfully fulfilled all contractual obligations.

C.  Application and Resignation: The employee must make application for early retirement benefits not later than February 1 of the elected year.  The application shall be made on a form provided by the District and shall be submitted to the Superintendent.  The Board shall have the discretion to approve or disapprove any and all applications for early retirement benefits.  The employee shall submit a resignation from all contracts with the Riverside Community School district effective at the end of the current contract year, which resignation may be contingent upon the board approving the application for early retirement benefits.  Approval of the request for early retirement benefits will be considered acceptance of the employee’s resignation and will constitute a voluntary termination of all of the employee’s contracts.

D.  Voluntary Early Retirement Benefits: An employee whose early retirement under this program has been approved may elect to continue participation in the District’s group medical insurance plan until the employee becomes eligible for Medicare (whether or not the employee actually applies for Medicare) or until the employee’s death, whichever first occurs.  The District will pay up to the single premium dollar amount per month for the plan designated by the Board on an annual basis.  The District reserves the right to change coverage or carriers during such time period.  No level of benefits or maximum deductibles or maximum out of pocket expenses is guaranteed for early retirees during their period of eligibility for early retirement benefits.  The employee must meet requirements of the insurer to continue medical coverage.

E.  No Vesting: The adoption of this employee voluntary early retirement program shall not vest any right in any employee whether or not the employee is currently eligible for early retirement.  The Board shall have the complete discretion to repeal, renew or not renew this program at any time and shall not be obligated to provide any benefits to any employee, except to those employees whose early retirement pursuant to this program has commenced.

The board may in its discretion offer an early retirement program. Considered by on an annual basis in December.

Legal Reference: 

29 U.S.C. §§ 621, etseq. (2012).

Iowa Code §§ 97B; 216; 279.46; 509A.13

1978 Op. Att'y Gen. 247.

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

Approved 9-13-93   Reviewed 11-21-16        Revised 8-19-2019