407 Licensed Employee Termination of Employment

407.1 Licensed Employee Resignation

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.

If an extracurricular position has not been filled by June 1, the Board may require a head coach who has resigned 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.  This does not apply to assistant coaches or community coaches.

 

Legal Reference:         Iowa Code §§ 91A.2, .3, .5; 279.13, .19A (1995).

 

Cross Reference:        405.3  Licensed Employee Individual Contracts

405.4  Licensed Employee Continuing Contracts

406.4  Compensation for Extra Services

407     Licensed Employee Termination of Employment

 

 

 

Approved:    2/10/97                            Revised:   3/99

                                                                           1/02

                                                                           5/06

                                                                             4/11

                                                                             4/14

                                                                                              

407.2 Licensed Employee Contract Release

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 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 for 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 (1995).

                                  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:    2/10/97                            Revised:   3/99                                 Reviewed:  1/02

                                                                                                                                        5/06

                                                                                                                                        4/11

                                                                                                                                           4/14

407.3 Licensed Employee Retirement

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 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 non-renewal 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 in accordance with the conditions described in the school district’s insurance program.

Legal Reference:         Iowa Code §§ 97B; 216; 279.46 (1995).

                                  581 I.A.C. 21.

                                  1978 Op. Att'y Gen. 247.

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

 

 

Cross Reference:        401.8  Recognition for Service of Employees

 

 

Approved:    2/10/97                              Reviewed:   3/99                           Revised:    1/02

                                                                                   5/06

                                                                                    4/11

                                                                                     4/14              

 

407.4 Licensed Employee Suspension

LICENSED EMPLOYEE SUSPENSION

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 (1995).

 

 

Cross Reference:      404  Employee Conduct and Appearance

                               407  Licensed Employee Termination of Employment

 

Approved:    3/10/97                              Reviewed:   3/99

                                                                                1/02

                                                                                 5/06

                                                                                 4/11

407.6 Licensed Employee Early Retirement

Licensed Employee Early Retirement Plan

Early Retirement Plan:  2013-14 School Year:

This Early Retirement Plan applies to certified teaching staff, nurses, administrators and professional support and classified staff who are 12 month, 260 day contracted employees. This plan will be offered through February 28, 2014 to be paid out beginning October 20, 2014.  Any eligible employee who has not committed their participation in the plan prior to February 28, 2014 will lose their opportunity to participate in the upcoming year.   The Estherville Lincoln Central Board will not look at an early retirement plan again until December 2015 for the 2016-17 school year or for the FY 17 OR if unforeseen financial need arises prior to FY 17.

Purpose:

•    Provides financial advantages for those persons who are near a personal decision to retire.

•    Enables necessary staffing modification to take place without disrupting careers of those who do not wish to leave the classroom.

•    Provides an orderly means for employees to initiate retirement.

•    This rewards employees for satisfactory service to the District.

•    Facilitates a continuing blend of experienced and less-experienced employees.

•    Facilitates a cost savings to the District.

Eligibility

•    Must have completed a minimum of 7 years of continuous service to the Estherville Lincoln Central School District or its predecessors Lincoln Central Community School District and Estherville Community School District.

•    Employee must be the minimum age of 55 on or before June 30, 2014.

Application Procedure

The date of retirement for eligible employees will generally be the end of the school/contract term (June 30, 2014).  However, another date may be agreed upon by the eligible employee and Superintendent and, subsequently, approved by the Board.

  1. Application materials must include the following forms:
    1. Resignation and Request for Retirement from all employment assignments (teaching, coaching, directorship, ect.)
    2. Designation of Beneficiary Form
    3. Release of Claim
    4. Agreement Not to Reapply for Employment.  This agreement does not prohibit the School District from offering employment to the employee in the future.
  2. The Superintendent must receive all application materials not later than 4:00 p.m., on February 28, 2014.
  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 or letter of assignment.  If the Board does not accept the employee’s application, the employee’s contract will continue in effect.                                                                                                        Page 1 of 2

 

Benefits:

An employee who has reached the personal decision to retire may elect the following Early Retirement Benefit:

One-half of the employee’s current salary. This does not include any other monies the employee may receive such as extra duty increments or supplemental pay contracts. 

 

Note:  Retirees may elect to purchase health insurance under the district’s plan until the employee is Medicare eligible

Benefit Pay Out:

•    Total dollars payable over one year and two payments.  Payments will occur on October 20, 2014 and April 20, 2015.  Payments will be made to a Special Payment Plan and may be withdrawn from the Special Payment Plan at anytime by the retiree.

 

 

Revised: 12/13                                                Reviewed:  04/14

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

407.6E1 Resignation and Request for Early Retirement

RESIGNATION AND REQUEST FOR EARLY RETIREMENT

 

I, ___________________________________, born on _______________________, hereby submit my resignation to the Board of Directors of the Estherville Lincoln Central School District and request the early retirement benefit package offered to employees in the Estherville Lincoln Central School District with the payout being placed in a Special Payment Plan for my withdrawl.

I commenced continuous service in the Estherville Lincoln Central School District, or one of its predecessor school districts, on ____________________ and I am _______ years old, thereby meeting the plan’s age at retirement requirement.

 

 

Print Full Name: _____________________________________________________

 

____________________________________________                                ________________

Signature                                                                                                                                                  Date

 

 

 

To be completed by the Board of Director’s Secretary

 

The resignation and request for early retirement was accepted by the Board of Directors on the _______ day of _____________________, 2014, by action as noted in the minutes of the Board.

 

______________________________________________

Secretary of the Board of Directors

Estherville Lincoln Central School District

 

 

 

Revised: 12/13                                                                                    Reviewed:  04/14

 

Uploaded Files: 
File 407.6e1_resignation_election_for_early_retirement.docx

407.6E2 Designation fo Beneficiary

DESIGNATION OF BENEFICIARY

 

If the Board of Directors approves my application for early retirement benefits and I die before I receive the cash payment provided by the Early Retirement Plan, I direct the Board of Directors to make the payment to:

 

 

 

 

_____________________________________________________________________________

(Print Full Name of Beneficiary)

 

 

 

Print Full Name of Employee _____________________________________________________

 

 

 

____________________________________________                                ________________

Employee Signature                                                                                                                                 Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Revised: 12/13                                                                                    Reviewed:  04/14

 

Uploaded Files: 
File 407.6e2_designation_of_beneficiary.docx

407.6E3 Release of Claim

RELEASE OF CLAIM

 

Estherville Lincoln Central School District (the “School District”) and   _________________________________________ (“Employee”) agree as follows:

 

  1. In consideration of the benefits to be provided to him/her in accordance with the Early Retirement Plan, Employee agrees to immediately sign and submit a letter of resignation to the be effective on ______________________________, 2014.

 

  1. Employee is advised that he/she has the right to consult with an attorney prior to signing this Agreement.

 

  1. Employee hereby releases and discharges the School District, the Board of Directors of the School District, and any and all officers, employees, representatives or agents of the School District from any and all liability whatsoever including claims, demands, or causes of action which he/she has or may ever claim to have by reason of his/her employment with the School District and the termination of his/her employment relationship with the School District.

 

  1. Employee agrees that this Agreement is entered into freely and voluntarily and solely in reliance upon his/her own knowledge, belief and judgment and not upon representations made by the School District or others on its behalf.

 

 

 

____________________________________________                                                                                            ________________

Estherville Lincoln Central School District Signature                                                                                               Date

 

 

____________________________________________                                                                                               ________________

Witness Signature                                                                                                                                                    Date

 

 

____________________________________________                                                                                                ________________

Employee Signature                                                                                                                                                 Date

 

 

____________________________________________                                                                                                 ________________

Witness Signature                                                                                                                                                    Date

 

 

 

 

 

Revised 12/13                                                                         Reviewed:  04/14

                                                                                                            

Uploaded Files: 
File 407.6e3_release_of_claim.docx

407.6E4 Agreement Not to Seek Re-employment

AGREEMENT NOT TO SEEK RE-EMPLOYMENT

 

In consideration of the benefits that will be provided to me by the Estherville Lincoln Central School District through its Early Retirement Plan, I hereby agree not to apply for or seek employment with the Estherville Lincoln Central School District at any time in the future.  It is understood that this Agreement does not apply to substitute teaching.

 

 

 

Print Full Name of Employee _____________________________________________________

 

 

 

____________________________________________                                                                             ________________

Employee Signature                                                                                                                                 Date

 

 

 

____________________________________________                                                                                           ________________

Witness Signature                                                                                                                                                    Date

 

 

 

 

 

 

 

 

 

 

 

                                

Uploaded Files: 
File 407.6e4_agreement_not_to_seek_re-employment.docx