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 (2001).

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

Approved 01-15-90                        
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03

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 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 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 (2001).
                                       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 01-15-90                        
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03

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 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.

Legal Reference:  Iowa Code §§ 97B; 216; 279.46 (2001).
                                       581 I.A.C. 21.
                                       1978 Op. Att'y Gen. 247.
                                       1974 Op. Att'y Gen. 11, 322.

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

Approved 01-15-90                        
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16                                    
Revised 12-15-03

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.

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 (2001).

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

Approved 01-15-90                        
Reviewed 11-17-03; 02-19-07; 07-11-11; 04-06-16
Revised 12-15-03

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.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the reduction in force of such employees will be followed.

Legal Reference:  Iowa Code §§ 20.7, .24; 279.13, .15-.19, .27 (2001).

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

Approved 12-15-03                        
Reviewed 02-19-07; 07-11-11; 04-06-16
Revised __________

The Gilmore City-Bradgate Community School District Board of Directors offers a voluntary retirement incentive to its certified teaching staff, support staff, and administrators under the following terms and conditions:

It is the intention of the Gilmore City-Bradgate Community School District to provide a supplemental benefit as a consequence of early retirement, which benefit can be elected by the employee after that employee’s fifty-fifth (55) birthday.

It is the expressed intent of this Board of Directors to not create any age discrimination in this policy, but rather to reward years of service by the employee to the district.

I.  For benefits to be payable, the employee must:

1. Have reached the age 55 or will reach age 55 before July 1 of the year when the early retirement would commence.

2. Be currently under contract and in good standing with the district; and not have received a notice of staff reduction or notice of termination prior to submitting the resignation and election for early retirement.

3. Have completed a total of fifteen (15) years of service to the Gilmore City-Bradgate Community School District.  The last ten (10) years of service must be continuous employment.

4. Submit an application for the program prior to March 1 of the calendar year when the early retirement program would commence.

5. Submit a written resignation from their current contract effective at the end of the current school year.

6. Be currently under a full-time contract.

• If the Board of Directors rejects the application for early retirement benefits, the resignation shall be considered void.  A rejection of the request must be program related for the person determined eligible for early retirement and shall state the reasons.
• An employee’s application for early retirement benefits on the form provided is, in itself, not a resignation of a contract with the school district.  However, acceptance by the Board of an employee’s resignation and application for early retirement will be considered a voluntary resignation and termination of his/her continuing contract.
• The benefits granted under this policy shall be limited to health insurance costs.

II.        Voluntary Early Retirement Benefits:

The benefits shall be based upon the employee’s current salary schedule or annual wage.

An employee who elects to participate in this program will become a retired employee and will be entitled to all rights and privileges of such a retiree under applicable law and the policies of the Gilmore City-Bradgate Community School District.

1. Certified Teacher (contracted for full-time teaching contract)

An early retiring certified teacher will receive as a retirement incentive the difference between the BA base and their current annual full-time equivalent salary less extended contract and supplemental pay amounts.

Administrators (contracted for full-time administrative contract)

Administrator benefits will be determined by using their current salary less extended contract and supplemental pay amounts, times 1.5% (.015), multiplied by the total number of years the administrator has served as an administrator in the Gilmore City-Bradgate Community School District.

Full-Time Support Staff (contracted for forty (40) hours or more per week)

Full-time support staff early retirement incentives will be based on the employee’s unused accumulated sick leave up to a maximum of 90 days.  The accumulated sick leave shall be multiplied by the employee’s actual per rate of pay for the last year of employment.

2. Extra Years of Insurance Premiums

In addition to the above, full time employees will receive an incentive equivalent to one year (first year after retirement) insurance premium plus one additional year (five percent, 5%, increase of the first year after retirement). This incentive will be based on the benefit which the individual was entitled while employed at Gilmore City-Bradgate CSD.

III.  Payment of Benefits

The dollar amount of the benefit is to be used to continue paying the employee’s premium for the District’s group health insurance program.  Such payments will continue until the dollar amount of the early retirement incentive has been used in its entirety.

• Retiring employees under this program shall be allowed to continue participation in the district’s health insurance programs so long as eligible.  This is at the employee’s cost.

• In the event of the death of the employee prior to payment of the early retirement incentive but after the employee’s retirement has begun, the incentive will be paid to the designated beneficiary in one lump sum payment.  In the event no beneficiary is designated, the incentive will be paid to the employee’s estate in one lump sum payment.

• No interest shall be paid by the District on any accumulated or unused retirement benefit.

• Nothing herein shall limit the district’s ability to change the terms of its existing health and major medical insurance coverage and this policy in no way guarantees a participating employee any certain level of benefits during the employee’s participation in the insurance benefits portion of the early retirement program.

• The Board, in its discretion, may consider early retirement applications that do not meet the general provisions of this policy if special circumstances exist.  It shall be within the discretion of the Board to determine whether special circumstances exist.

• In the event the District should cease to exist as a school corporation, the funds authorized above shall be disbursed in totality to the employee based on the Cash amount or the remaining insurance premiums based upon the rates in effect 60 days prior to the effective date of the change of the school district status.

• The Board has complete discretion to offer or not to offer an early retirement plan for employees.  The Board may discontinue the school district’s early retirement plan at anytime.  The Board will review the policy each year before January 1 and decide whether or not to renew the policy for the following school year.

• The Board, in its discretion, will limit the number of early retirement applications processed each to four (4) a year.  This determination will be made on a first come, first served basis.  It will greatly benefit early retirement applicants who process their applications early in the school year.

Approved 02-17-92                  
Reviewed 01-16-95; 01-20-97; 11-17-03; 02-20-06; 02-19-07; 11-17-08; 07-11-11; 09-17-12; 04-06-16
Revised 02-21-95; 02-18-97; 12-15-03; 03-20-06; 08-15-11; 10-15-12