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   12/20/24                    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 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 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 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 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    12/20/24       

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 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 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: 12/20/24           

Licensed 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 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     12/20/24      

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 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      12/20/24         

Policy 407.6: Licensed Personnel Early Retirement

The Board 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, 2026, unless otherwise agreed to by parties.

3. Licensed employee has completed or will complete at the end of the 2025-26 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.

Approved     1/22/01         Reviewed  12/20/24            Revised 11/19/25