407.2 - Licensed Employee Contract Release

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 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 actual advertising costs incurred to locate and hire a suitable replacement.  Upon written mutual agreement between the employee and the superintendent, the costs will be deducted from the employee's final paycheck.  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 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 (2017).
                                      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:  Feb. 11, 1985, Dec. 17, 2012, February 19, 2018              
Reviewed:  Sep. 28, 2005, Nov. 9, 2012, January 15, 2018                           
Revised:  Nov. 12, 1990, Feb. 10, 1997, Oct. 10, 2005, Nov. 9, 2012, January 15, 2018