401.06 - Employee Resignation

Licensed Employees

A licensed employee who wishes to resign must notify the superintendent in writing prior to May 1 if the resignation is to take place at the end of the current school year/contract period.  The superintendent will refer the resignation to the Board of Directors with recommendations.

Whenever a licensed employee resigns from a signed contract for the following year after May 1, the Board will determine whether or not to grant the release.  The Board may stipulate conditions of such a release such as the need to locate a suitable replacement prior to the granting of a release.

If the Board grants a release, unless otherwise stipulated, a condition for the release will be the employee’s agreement to pay costs related to obtaining and selecting a replacement for the position that ultimately becomes vacant as a result of their resignation.  Costs for seeking a replacement shall be limited to a maximum of $500.00 and may include, but are not limited to:  travel expenses, postage and phone charges, and non-administration staff time used in recruiting, screening, interviewing, and selecting a candidate for replacement.  Upon making the request for a release from contract, the certified employee will be requested to sign a statement designating that they are willing to pay the above replacement costs by either:  (1) Withholding the correct amount from their final payroll check; (2) By making a deposit of the maximum amount with the district with unused portion to be returned when the total is known, or (3) A specified payment plan agreed upon by the administration.  Failure to sign the statement may result in a denial of the release from contract.  At its discretion the Board may elect not to assess a charge.

Whenever a licensed employee resigns from a signed contract for the following year after June 1, the Board will usually not grant a release.  If a release is granted the same replacement cost conditions as listed for after May 1 shall apply.  However, after June 1 the Board will consider resignations on a case-by-case basis, and approval will be granted only to those considered to be in the best interest of the district.

If a licensed employee should fail to fulfill contractual obligations without obtaining a proper release, the Superintendent is authorized to file a complaint with the Iowa Board of Education Examiners.  Should such an instance arise, the resignation of the employee may be accepted under protest, or the employee may be terminated so that replacement staff may be hired without jeopardizing the legal rights of the district while the district continues with its complaint with the Iowa Board of Educational Examiners.  Further, the school district may seek compensation for damages from the employee if an employee fails to perform their contractual obligation having failed to obtain a release. 

 

Classified Employees

Classified employees who wish to resign during the school year must notify the superintendent in writing of their intent to resign and final date of employment and cancel their contract or employment within fourteen (14) days prior to their last working day.  The superintendent will refer the resignation to the Board of Directors with recommendations.

 

 

(September 21, 1992; May 17, 1999; May 21, 2001; March 21, 2011; June 18, 2012; January 19, 2015; June 10, 2019)