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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

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                                                                                                                                        4/11

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