407 Licensed Employee Termination of Employment

407.1 Licensed Employee Resignation

 

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Resignation                                                                                                                                                                  Code No. 407.1

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 a licensed employee is continuing to be employed by the School District.

 

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Iowa Code §§ 91A.2, .3, .5; 279.13, .19A (2013).

Cross Reference:  405.3 Licensed Employee Individual Contracts, 405.4 Licensed Employee Continuing Contracts; 407 Licensed Employee Termination of Employment

407.2 Licensed Employee Contract Release

 

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Contract Release                                                                                                                                                    Code No. 407.2

Licensed employees who wish to be released from an executed contract must give at least twenty-one days of 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.

It is within the sole discretion of the Board of Education to offer an early resignation incentive program.  Should the Board determine such a program would be beneficial to the district, action can be taken to offer such an incentive.  This program will sunset on a date provided by the Board and can only be activated by board action.  

Should a certified employee submit a written resignation before January 6, 2022 to be effective at the end of the 2021-2022 school year, that employee shall be eligible to receive a $1000 early resignation incentive payment. The payment shall occur with the June payroll following board approval of the resignation and completion of the certified employee’s contract.

The early resignation section of policy 407.2 shall sunset on January 6, 2022.

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.

 

Approved:  April 13, 2004

Reviewed:  November 10, 2020

Revised:  November 12, 2021

Legal Reference:  Iowa Code §§ 216; 272; 279.13, .19A, .46 (2013); 1978 Op. Att’y Gen. 247; 74 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

407.3 Licensed Employee Retirement

 

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Retirement                                                                                                                                                Code No. 407.3

 

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.  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 is 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 are allowed to continue coverage in the school district’s group health insurance program at their own expense by meeting the requirements of the insurer.

 

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:  May 14, 2019

Legal Reference:  Code of Iowa §§ 97B; 216; 279.46. 281 I.A.C. 21.

Cross Reference:  407.6 Licensed Employee Early Retirement

407.4 Licensed Employee Suspension

 

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Suspension                                                                                                                                             Code No.  407.4

 

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 be followed.

 

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised:

Legal Reference:  Code of Iowa §§ 20.7, .24; 279.13, .15-.19, .27 (2013).

Cross Reference:  404 Employee Conduct and Appearance; 407 Licensed Employee Termination of Employment

407.5 Licensed Employee Reduction in Force

 

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Reduction in Force                 Code No.  407.5

 

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 Superintendent shall consider the following criteria in making the recommendations:

  • 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 will be followed.

 

Approved:  April 13, 2004

Reviewed:  May 14, 2019

Revised: May 23, 2017

Legal Reference:  Iowa Code §§ 20; 279

Cross Reference:  407.4 Licensed Employee Suspension; 413.5 Classified Employee Reduction in Force; 703 Budget

407.6 Licensed Employee Early Retirement

 

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Title:  Licensed Employee Early (Voluntary) Retirement                                                                                                                 Code No.  407.6

 

The Board may provide incentives to retiring licensed staff, administrators, and directors.  The purposes of the plan would be to provide recognition to retiring employees who have provided significant years of service to the Oskaloosa Community School District and to provide appropriate incentives for employees considering early retirement.

By November 15 the Board will annually review whether to offer incentives to employees retiring after the current school year.  If incentives are offered, they will be subject to the following guidelines in addition to those set forth in the accompanying Policy Exhibit 407.6E1:

  1. Application must be made by December 15 of the current year of retirement that would begin following the end of the school year.
  2. Employees must submit a written resignation from the existing contract contingent upon approval of the Board.

Pursuant to Iowa Statute, participation for eligible employees will be funded from the District’s Management Fund as early retirement benefits.  The Board reserves the right to make immediate changes to the benefits and waive any restrictions detailed in policy or regulation.

 

Approved:  January 1, 2001

Reviewed:  May 14, 2019

Revised:  November 10, 2015

Legal Reference:  29 U.S.C. §§ 621 et seq. (2012).  Iowa Code §§ 97B; 216; 279.46; 509A.13.  1978 Op. Att’y Gen. 247. 1974 Op. Att’y Gen. 11, 322.

Cross Reference:  407.3 Licensed Employee Retirement; 413.2 Classified Employee Retirement

407.6E1 Voluntary Early Retirement Plan for 2019-2020

 

STAFF PERSONNEL

LICENSED

Series 400

 

Policy Exhibit Title: Voluntary Early Retirement Plan for 2021-2022                                                                                          Code No.  407.6E1

 

Purposes of the Plan

1.  To provide recognition to retiring employees who have provided significant years of service to the Oskaloosa Community School District (“District”).

2.  To provide appropriate incentive for employees considering early retirement.

Eligibility Requirements

1.  Must be a current regular permanent employee of the District that is not subject to disciplinary action and has completed all contractual, licensure, and employment obligations.  Employees must be a licensed professional employee (teacher, nurse, librarian, counselor, etc.), licensed Administrator, or Director of the District.  Employees that have previously received retirement incentives from the District are not eligible.

2.  Must have a minimum of 10 years of service with the Oskaloosa Community School District and be at least at the minimum age for early retirement benefits as established by Iowa Code Chapter 97B by July 31, 2022.  Years of service will be based on the most recent continuous employment immediately prior to July 1, 2022.  Extended leave approved by the Board will not count toward years of service, but will not break continuity of service.  Staff meeting age requirements that have worked some or all of their years of service on a part-time basis or partial-year basis, shall have any such year of service count as one-half year, and if the sum of cumulative years includes one-half of a year, the number of years of service shall be rounded up to the next whole year.

3.  Application must be made by 4:00PM, January 6, 2022, for retirement that would begin July 1, 2022.  Employee must submit a written resignation from the existing contract contingent upon approval of the Board of Directors for participation in the retirement plan.  In addition, the employee must complete and submit to the Application for Participation in the Voluntary Early Retirement Plan. 

Benefits

1.  Eligible employees will receive an incentive package based on longevity and balance of sick leave.  The package will provide $500.00 for every year of service with the District (as defined above) and $25 for each day of sick leave remaining as of June 30, 2022.

2.  An employee who elects to remain on the District’s health insurance plan subsequent to August 31, 2022, must have their incentive pay contributed to a Health Reimbursement Account (HRA) held by the District.  The cost of the health insurance premiums shall still be paid to the District by the retired employee.  If the employee elects not to participate in the District’s health insurance plan after retirement, they cannot elect to participate at a later time.

3.  An employee eligible for incentive pay that elects not to participate in the District’s health insurance must have their benefit contributed to a 403(b) retirement account as provided by the District through the State of Iowa’s Retirement Investors Club. 

4.  The funds for the incentive packages will be disbursed into the proper account on or about November 16, 2022.  The employee may not receive the incentive funds in cash or in any form other than those listed above.

Other Provisions

1.  The Board reserves the right to change the plan or cancel the plan at their discretion.  Retirees that have been awarded retirement recognition prior to the change or cancellation will have the opportunity to rescind their retirement and resignation.  Implementation of this plan does not vest any right in any employee to any current or future benefits.

2.  Employees receiving this benefit shall not seek future permanent employment with the District.  The District, at its discretion, may initiate a reemployment offer to a retiree, and if the retiree agrees, it will not change the incentive package payments due the retiree.

3.  Pursuant to Iowa Statute, participation for eligible employees will be funded from the District’s Management Fund as early retirement benefits.