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
