407 - Licensed Employee Termination of Employment

407 - Licensed Employee Termination of Employment dawn.gibson.cm… Thu, 02/18/2021 - 10:10

407.1 - 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.

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 the licensed employee is continuing to be employed by the school district.

Legal Reference: Iowa Code §§ 91A.2, .3, .5; 279.13, .19A (2003).

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

Approved 11/1/2004 Reviewed 12/17/2007 Revised
01/16/2012
02/20/2017 07/18/2022

dawn.gibson.cm… Thu, 02/18/2021 - 10:14

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 will be required to pay the board the cost of advertising or other reasonable administrative costs incurred to locate and hire a suitable replacement. Upon written mutual agreement between the employee and the superintendent, and to the extent allowed by law, the costs may be deducted from the employee's salary. 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 §§ 91A (1); 216; 272; 279.13, .19A, .46.

Cross Reference: 405.3   Licensed Employee Individual Contracts
                              405.4   Licensed Employee Continuing Contracts
                              407.3   Licensed Employee Retirement

Approved: 11/01/2004

Reviewed: 01/16/2012, 02/20/2017, 07/18/2022, 06/19/2023

Revised: 11/19/2007, 07/18/2022, 06/19/2023

dawn.gibson.cm… Thu, 02/18/2021 - 10:15

407.3 - Licensed Employee Retirement

Licensed employees who will complete their current contract with the Board may apply for licensed employee early retirement plan. No licensed employee will be required to retire at a specific age.

Application for licensed employee early retirement will be considered made when the licensed employee states in writing to the superintendent, no later than 3:30 p.m. on Friday, February 12, 2021 that the employee wishes to retire at the end of the fiscal year. Applications made after the date set by the Board may be considered by the Board if special circumstances exist. It shall be within the sole 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 resignation from employment and non-renewal of the employee's contract for the next school year.

Licensed employees who retire under this policy may also qualify for retirement benefits through the Iowa Public Employees Retirement System.

Licensed employees who have group insurance coverage through the school district may 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.

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

Cross Reference: 401.14 Recognition for Service of Employees
407.4 Licensed Employee Early Retirement Plan

Approved   11/1/2004                            Reviewed 12/17/2007                           Revised 01/14/2009
11/17/2008                                           07/27/2009
02/09/2009   11/16/2009
  02/20/2019 02/22/2010
  12/21/2020 12/19/2011
  03/18/2013
  01/20/2014
  01/19/2015
  12/19/2016
  01/15/2018
  02/20/2019
  12/21/2020

dawn.gibson.cm… Thu, 02/18/2021 - 10:16

407.4 - Licensed Employee Severance Plan

The Board of Education of the Independence Community School District may offer an early retirement benefit for full-time employees holding a current license from the Iowa Board of Educational Examiners including teachers, counselors, and media specialists currently performing their assigned duties within the District. The purpose of the early retirement plan is to: 1) enable staffing modifications without disrupting the careers of those who do not wish to leave the teaching profession; 2) facilitate a long-range cost savings to the school district.

A licensed employee is eligible under the early retirement plan when the licensed employee:

1. Is at least 55 years of age on or before June 30th of the year in which the employee wishes to retire.

2. Wishes to retire voluntarily from service in the Independence Community School District.

3. Has been actively employed during the school year in which one requests retirement benefits.

4. Has completed a minimum of fifteen (15) years continuous full-time service to the Independence Community

School District by June 30th of the current fiscal year and are currently employed at the time the voluntary

retirement request is made. A leave of absence may interrupt continuous service without affecting the

continuous years of service rule. Professional and military leave will qualify toward continuous service.

5. Is not receiving payments from the district’s long-term disability insurance program or any other wage

replacement program.

6. Has not been discharged for cause or notified that their contract is under consideration of termination or

reduction.

7. Receives approval for resignation and participation in this program by the Board of Education.

An employee’s application for early retirement benefits is not, in itself, a resignation of a contract with the Independence Community School District. However, acceptance by the Board of Education of an application for early retirement benefits will be considered a voluntary resignation and termination of the employee’s continuing contract effective at the end of the current fiscal year. Should the Board not accept the application, the employee will remain a licensed employee of the Independence Community School District, unless the employee otherwise resigns, is discharged or is reduced from the staff.

A qualified retiree under this plan may choose to continue coverage under the district’s hospitalization and major medical plan if eligible at time of retirement, at the rate determined by the carrier, by paying the monthly premium amount in full to the business manager’s office prior to the date the district’s premium payment is made to the insurance carrier. All insurance programs are subject to the policies of the insurance carriers.

An employee who elects to participate in this program will become a retired teacher and will be entitled to all rights and privileges of such a retiree under applicable laws and policies of the Independence Community School District.

BENEFIT:

The Independence Community School District will make one payment equal to 40 percent of the current year’s salary less supplemental pay or extended contract pay deposited into a Health Reimbursement Arrangement as a non-elective employer contribution directly into the early retiree’s accounts established and maintained by the District’s Health Reimbursement Arrangement Plan. One payment shall be made in July 2021.

Employees/retirees may continue participation in the District’s group insurance benefits at their own expense pursuant to COBRA and Iowa Code section 509A.13.

Nothing herein shall limit the School District’s ability to change the terms of its existing health insurance plan. This plan in no way guarantees that a participating employee will be provided any certain level of benefits during the time of the employee’s participation in the insurance benefits portion of the early retirement program.

Miscellaneous terms:

The district is not providing tax advice, and the employee must consult the employee’s own tax advisor for the actual taxability of retirement benefits.

The Board reserves the right to determine how many and which employees will be granted benefits under this plan.

The Board has complete discretion to offer or not offer an early retirement plan for licensed employees. The Board may discontinue the school district’s plan at any time. In the event the plan is altered or ended, employees who separated from the district under its provisions will continue to receive the benefits authorized by the Board of Education prior to that time.

Legal Reference: Iowa Code 279.46; 509A.13 (2011)

Cross Reference: 401.14 Recognition for Service of Employees
413.3 Classified Employee Early Retirement Plan

Approved   7/18/2005                           Reviewed 02/20/2019                           Revised 12/17/2007   12/19/2011
12/21/2020                                        11/17/2008    03/18/2013
01/14/2009    01/20/2014
02/09/2009    01/19/2015
07/27/2009   12/19/2016
11/16/2009    01/15/2018
02/22/2010    02/20/2019
  12/21/2020

dawn.gibson.cm… Thu, 02/18/2021 - 10:20

407.4E1 - Severance Plan Acknowledgement of Receipt

The undersigned licensed staff employee acknowledges receipt of the early retirement plan stated below:

Early retirement plan policy #407.4
Early retirement plan application form
Early retirement plan spouse and dependent identification form

The undersigned licensed staff employee acknowledges that the application and participation in the early retirement plan is entirely voluntary.

The undersigned licensed staff employee acknowledges that the school district recommends the employee contact legal counsel and the employee’s personal accountant regarding participation in the early retirement plan.

_________________________________________ ______________________
Employee Signature Date

_________________________________________ ______________________
Superintendent/or Building Principal Date

dawn.gibson.cm… Thu, 02/18/2021 - 10:25

407.4E2 - Licensed Employee Severance Plan Beneficiary Designation

In the event of the death of the employee prior to payment of the benefits, but after the employee’s retirement has begun, the reimbursement benefits will be paid to the surviving spouse or dependents, if any. In the event no surviving spouse or dependents were identified, no additional benefits will be paid out.

Pursuant to the provisions of board policy 407.4, I hereby designate my spouse or dependents to be:

Name: _____________________________________________________

Relationship (check one): _____ Spouse _____ Dependent

Address: _____________________________________________________

City, State, Zip: ______________________________________________________

Signature: ______________________________________________________

Witness Signature: ______________________________________________________

Date: ______________________________________________________

__________________________________________________________________________________

Name: _____________________________________________________

Relationship (check one): _____ Spouse _____ Dependent

Address: _____________________________________________________

City, State, Zip: ______________________________________________________

Signature: ______________________________________________________

Witness Signature: ______________________________________________________

Date: ______________________________________________________

Attach additional pages as necessary.

dawn.gibson.cm… Thu, 02/18/2021 - 10:27

407.4E3 - Severance Plan Application Form

The undersigned licensed staff employee is applying for early retirement pay pursuant to board policy #407.4, Licensed Employee Early Retirement Plan. Please complete the following information.

_________________________________________ _______________ _____________________
Full Legal Name of Licensed Employee Date of Birth Social Security Number

_______________________________________        ____________________
Current Job Title Years of District Service
By June 30th

Please attach a letter of resignation giving the effective date of retirement from the district.

Independence Community School District (the “School District”) and Licensed Employee of the Independence Community School District (the “Employee”) agree as follows:

1. In consideration of the benefits to be provided to him/her in accordance with the Early Retirement Plan, the employee agrees to immediately sign and submit a letter of resignation to be effective on June 30, 2021.

2. The employee is advised that he/she has the right to consult with an attorney, tax advisor, or other professional prior to signing this Agreement.

3. The 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 all claims, demands, or causes of action, including claims under the federal Age Discrimination in Employment Act 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.

4. The employee agrees that he/she will not apply for and will not be entitled to any re-employment by the District in any capacity, whether it is full time, part time or temporary. If the District chooses to offer another position of employment in the future, however, this Agreement need not prevent such re-employment.

5. The 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.

6. The employee shall have up to 45 days to consider this Agreement and, once approved and signed, he/she shall have up to 7 days to revoke this Agreement in writing. Thereafter, this Agreement will be effective once approved by the Board.

___________________________________ ________________________
Signature Date

__________ Approved

__________ Not Approved

___________________________________ ________________________
Superintendent of Schools Date

dawn.gibson.cm… Thu, 02/18/2021 - 10:30

407.5 - Licensed Employee Suspension

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 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 will 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 (2003).

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

Approved 11/1/2004 Reviewed 12/17/2007 Revised 07/18/2022
02/27/2012
02/20/2017 07/18/2022

dawn.gibson.cm… Thu, 02/18/2021 - 10:33

407.6 - Licensed Employee Reduction in Force

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 will be the responsibility of the superintendent to make a recommendation for termination to the board. The superintendent will 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.

Legal Reference: Iowa Code §§ 20.

Cross Reference: 407.5   Licensed Employee Suspension
                                      413.6   Classified Employee Reduction in Force
                                      703      Budget

Approved 11/1/2004 Reviewed 12/17/2007 Revised 06/17/2019
02/27/2012 07/18/2022
02/20/2017
06/17/2019 07/18/2022

dawn.gibson.cm… Thu, 02/18/2021 - 10:35