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 (1999).

Cross Reference:    405.3    Licensed Employee Individual Contracts

            405.4    Licensed Employee Continuing Contracts

            407    Licensed Employee Termination of Employment

Approved     1/22/01          Reviewed   10-21-2020                    Revised                   

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 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 may be required to pay the board up to $1,000 in teacher recruitment expenses 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 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 (1999).

    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     11/12/79      Reviewed       10-21-2020                       Revised    1/22/01       

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 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 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 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 (1999).

    581 I.A.C. 21.

    1978 Op. Att'y Gen. 247.

    1974 Op. Att'y Gen. 11, 322.

Cross Reference:    401.14    Recognition for Service of Employees

    407.4    Licensed Employee Early Retirement

Approved        1/22/01               Reviewed   10-21-2020    Revised                   

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 (1999).

Cross Reference:    404    Employee Conduct and Appearance

    407    Licensed Employee Termination of Employment

Approved     111/20/89          Reviewed   10-21-2020           Revised     1/22/01      

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 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 shall be followed.

Legal Reference:    Iowa Code §§ 

Cross Reference:    407.5    Licensed Employee Suspension

    413.6    Classified Employee Reduction in Force

    703    Budget

Approved     1/22/01          Reviewed   10-21-2020           Revised      8-16-17         

The Board of Education of Emmetsburg Community School District realizes the benefits its students and teachers will derive in having a staff with a balance of experienced employees and beginning employees.  The District will benefit by having a gradual rotation of employees. 

The Emmetsburg Community School District will provide payments as specified in board policy exhibit 407.6E1 to approved licensed employees who apply for voluntary early retirement and meet the eligibility and application requirements for this policy. The final decision on the acceptance of the early retirement application rests solely with the Emmetsburg Community School District Board of Directors. 

A.   Eligibility Requirements:   

1. Licensed employee possesses an Iowa Code Chapter 279 employment contract with Emmetsburg Community School District and must be a full-time employee.  Full-time licensed employees are licensed employees who work 40 hours per week and who are currently actively performing their assigned duties in the Emmetsburg Community School District. 

2. Licensed employees have reached age fifty-five (55) or will attain age fifty-five (55) on or before the actual date of retirement, which shall not be later than June 30, 2023, unless otherwise agreed to by parties.

3. Licensed employee has completed or will complete at the end of the 2022-23 school year at least fifteen/twenty (15/20) years of consecutive contracted service as a licensed employee in the Emmetsburg Community School District. Consecutive employment must be without any voluntary interruptions of service. Absences due to reductions in force or due to approved leaves will not constitute a voluntary interruption in service, unless the absence or leave exceeds twenty-four (24) consecutive months in length. However, the period of time during which an employee is absent due to a reduction in force or due to an approved leave will not be counted for purposes of determining the minimum length of service required to establish eligibility.

4. The licensed employee is not subject to discharge for cause or has not been discharged from employment by the Emmetsburg Community School District, except if due to staff reduction.

5. The licensed employee has not previously received early retirement benefits from the Emmetsburg Community School District.

B.  Application Requirements. 

1. Licensed employees wishing to apply for voluntary early retirement may do so                               immediately after the Board adopts the policy and must submit the attached application to             the Board Secretary with a letter of resignation on or before 3:30 p.m. on December 22, 2022.             No late applications will be considered. The Emmetsburg Community School Board of                   Directors reserves the right to limit the number of approved applications for early                           retirement. If the Board determines, in its sole and complete discretion, that it will be                     necessary to limit the number of approved applications the Board will use a process                     based on the date and time of each individual application for early retirement using the                 earliest application filed as the starting point and then moving forward chronologically first             to last, until the established number to be accepted is reached. If there is a tie between or             among employees using the first-come, first-served basis rule because more than the set             number of applications are received on the same date and time, the tie will be broken by               using School District seniority of employees and the most senior employee(s) will be                     granted early retirements benefits.

2.  The licensed employee must retire by June 30, 2023, unless an alternative retirement date             is mutually agreed upon by the parties.

3.  An employee’s application for early retirement benefits is not, in itself, a resignation of a                 contract with the School District nor does it require the Board to accept the application.          However, acceptance by the Board of an employee’s application for early retirement will               be considered a voluntary resignation and termination of his/her continuing contract.  If the Board does not accept the employee’s application, the employee’s contract will                       continue in effect.

C.  Benefits

1. Basic Terms

   1. Early retirement benefits are offered as an inducement to, and consequence of, retirement and are not to be construed as a continuation of salary

   2. In the event of death of the employee after July 1, of the completion of the retirement fiscal year, but prior to payment of the cash benefit, if any, by the School District, any balance shall be paid to the employee’s designated beneficiary or estate. The District shall not make any cash benefit payment, if any, if the employee dies before July 1, of the completion of the retirement fiscal year, even though the early retirement may have been approved. 

2. Continuation of Insurance

   1. As provided by Iowa Code Section 509A.13, the employee retiring under the early retirement program may be eligible to continue participation in the School District’s group insurance plan at the School District’s expense for a single employee policy up to a maximum benefit amount of $10,000 per fiscal year.  If the single policy premium in a fiscal year exceeds $10,000, or if the retiree elects family insurance coverage, the retiree employee will be responsible for the difference.  An employee who wishes to continue participation in the School District’s group insurance plan must be less than 65 years of age or not yet eligible for Medicare, must meet the requirements of the insurer and must pay the monthly premium amount, if applicable, in full to the board secretary prior to the due date for the School District’s premium payment to the insurer, if any is due.

   2. More specific information regarding the insurance benefit is outlined in the attached Exhibit.

   3. Nothing herein shall limit the School District's ability to change the terms of its existing health and major medical insurance plan.  This policy in no way guarantees that a participating Employee will be provided any certain level of benefits during the time of the Employee’s/retiree’s participation in the insurance benefits portion of the early retirement program.

3. Benefit Payment

   1. An eligible employee who is approved for early retirement shall receive:

      1. A total cash benefit of $45,000 payable over a three-year period with $20,000 paid in Year 1, $15,000 paid in Year 2 and $10,000 paid in Year 3.

      2. Payout of unused sick days available as of June 30, 2022 at a rate of $50.00 per day (payable in July 2023).

      3. See attached Exhibit for timing of payments.

4. Taxes

   1. Employees are advised to seek independent advice with regard to tax or financial consequences associated with any action taken by them under this plan.

5. Review

The Emmetsburg Community School District Board of Directors has complete discretion to offer or not to offer an early retirement plan for licensed employees.  The Board may discontinue the School District’s early retirement plan at any time. The Early Retirement Policy will be in effect for the 2022-23 school year only.

1. Benefits allowed individuals for a previously approved early retirement application shall continue in effect if the early retirement policy is discontinued by the Emmetsburg Community School District Board of Directors.

2. Licensed employees may continue on the School District’s health insurance policy until they reach Medicare eligibility. The cost of the policy will remain with the School District up to a maximum annual amount of $10,000.

3. Licensed employees may elect a family policy at the employee’s expense as long as the plan is a continuance of their current plan. The Board of Directors reserves the right to modify the policies, its carrier and benefits administrator offered within the district.

4. A licensed employee who elects to participate in the School District’s early retirement program will become a retired employee and will be entitled to all rights and privileges of an employee under applicable law and policies of Emmetsburg Community School District.  Licensed employees who elect to participate in the early retirement program shall not  seek application for future employment with the Emmetsburg Community School District.  However, the District may hire a licensed employee who elects to participate in the early retirement program as a substitute teacher or other eligible position at the discretion of the superintendent. Any benefits not provided by this policy that were previously given during employment are forfeited upon return of employment as a substitute employee.

     5.The Board reserves the right to waive any requirement or condition of this policy at its                  discretion and at any time.  Any decision by the Board to waive a requirement or condition            which is a part of this policy shall not establish any precedent with regard to any other                  request for a waiver.

     6. This plan shall terminate on June 30, 2023.  Notwithstanding the termination of this plan,               employees who are granted benefits pursuant to this plan will continue to receive such                 benefits as set forth herein.

     7. The adoption of this Early Retirement Plan 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 amend or repeal this plan or any provisions thereof at any time             with or without notice and shall not be obligated to provide any benefits to any employee               after the date of such amendment or repeal, except to those employees whose early                     retirement pursuant to this plan has commenced prior to amendment or repeal.

     8. Should any portion of this policy be in conflict with state or federal rules, regulations or                 laws, that portion of the policy shall be invalid, and all other portions remain in full force                 and effect. Any decision by the Board to waive a requirement or condition which is part of             this policy shall not establish any precedent with regard to future requests for a waiver.

     9. The Board is the final arbiter of all questions of interpretation under this plan, including but           not limited to, questions of eligibility or benefit calculations.

Approved     1/22/01         Reviewed  9/16/15            Revised 11/22/22