407 - Licensed Employee – Termination of Employment

407 - Licensed Employee – Termination of Employment Jen@iowaschool… Fri, 04/08/2022 - 16:09

407.1 - Licensed Employee Resignation

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.

 

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

 

 

Jen@iowaschool… Fri, 04/08/2022 - 19:59

407.2 - Licensed Employee Contract Release

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 may 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 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.

 

Approved: 05/17/23                       Reviewed: 02/15/2021                       Revised: 05/17/23

 

 

Jen@iowaschool… Fri, 04/08/2022 - 20:00

407.3 - Licensed Employee Retirement

407.3 - Licensed Employee Retirement

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 non-renewal 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: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

 

Jen@iowaschool… Fri, 04/08/2022 - 20:01

407.4 - Licensed Employee Suspension

407.4 - 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 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: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

 

 

Jen@iowaschool… Fri, 04/08/2022 - 20:01

407.5 - Licensed Employee Reduction in Force

407.5 - 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 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: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

 

 

Jen@iowaschool… Fri, 04/08/2022 - 20:02

407.6 - Voluntary Early Retirement

407.6 - Voluntary Early Retirement

1.    PURPOSE

It is the expressed intent of the Board, through this policy, to acknowledge full-time certified employees who have provided years of service to the School District by offering a voluntary early retirement incentive subject to the terms and conditions set out in this Policy.  

 

2.    STATEMENT OF NON-DISCRIMINATION

The School District will not discriminate against any employee on the basis of age, sex, sexual orientation, gender identity, race, color, creed, religion, national origin, or disability through the application or administration of this policy.

 

3.    ELIGIBILITY

A regular, full-time certified employee may apply for early retirement benefits if these eligibility requirements have been met:

  1. The employee has reached or will reach at least the age of 55 at the actual date of retirement,
  2. The employee has continuously worked a minimum of the most previous 10 years of service at the School District and is actively employed on a full-time basis during the last school year prior to early retirement,
  3. The employee is not eligible for, applying for, or receiving benefits under a leave of absence or other School District plan,
  4. The employee has not received a notice concerning termination of the employee’s contract, unless the notice is based upon reasons which are related to staff reduction, and
  5. The employee has not previously received early retirement benefits from the School District.

 

4.    DEFINITION OF TERMS

  1. Years of service - Years of service must be consecutive and most recent.
  2. “Continuously Worked” - Continuous employment must be without any voluntary interruptions of service.  Interruptions due to reductions in force or due to approved leaves of absence will not constitute a voluntary interruption in service, unless the interruption or leave exceeded twenty-four (24) consecutive months in length.  However, the period of time during which an employee is absent due to a reduction in force or due to an approved leave will not be counted for purposes of determining the minimum years of service required to establish eligibility.
  3. Regular full-time certified employee - A regular full-time certified employee is an employee who works as a teacher, counselor, librarian nurse or administrator for a minimum of six hours per work day for 180 work days or more each school year.
  4. “Actively employed” – means the employee has been at work and performing assigned duties for at least 80 percent of the work days over the previous 12 months.

 

5.    APPLICATION

  1. Applications must be received by the Superintendent not later than     January 14, 2019.  However, the advance notice requirement may be waived at the discretion of the Board.  Any decision to waive the advance notice requirement shall not establish any precedent with regard to future applications which fail to meet the advance notice requirement.
  2. The date of retirement for eligible employees will ordinarily be the end of the individual’s contract year.  However, another date may be requested and approved by the Board.
  3. Application materials must include the following forms:
    1. Resignation and Request for Early Retirement and Resignation
    2. Designation of Beneficiary
    3. Agreement Not to Reapply for Employment.  
    4. Release of all claims.
  4. An employee’s application for early retirement benefits is not, in itself, a resignation nor does it require the Board to accept the application.  However, acceptance by the Board of an employee’s application for early retirement will be considered a voluntary resignation and termination of the employee’s contract of employment.  If the Board does not accept the employee’s application, the employee’s contract will continue in effect.

 

6.    BOARD’S RIGHT TO LIMIT OR DENY BENEFITS

The Board reserves the right to determine whether any early retirement benefits will be paid in a given year, and, if so, to determine how many employees will be granted benefits.  The Board expressly reserves the right to reject any application for early retirement benefits.

If the Board decides that only a limited number of employees will be granted early retirement benefits in a given year, the Board will then determine the maximum number of employees who may receive benefit.   Recipients will be selected on a seniority basis.  If there is a tie between or among employees using the seniority rule, the tie will be broken by a random process.

 

7.    EARLY RETIREMENT BENEFIT

  1. Early retirement benefits are offered as an inducement to, and consequence of, retirement and are not to be construed as a continuation of salary.  Benefits will be provided to the retiree or the beneficiary named by the retiree if the retiree dies before all benefits are paid.
  2. The value of the early retirement benefit shall be 30% of the employee teaching salary schedule, includes TSS funds) in effect the last year of the employee’s employment with the school district. Extra-curricular, extended contract, and any other additional or supplemental pay will be excluded from the early retirement calculations.
  3. Payment of this benefit shall be made in the August payroll following when the applicant files and is approved for the retirement benefit.  The incentive will be paid in one lump sum to a state-sponsored 403B retirement plan for the eligible employee. The eligible employee will not be able to use the early retirement incentive to directly purchase district-sponsored insurance.
  4. Payments are subject to applicable taxes such as withholding for federal and state income taxes, social security etc.  Employees will not be paid interest on any funds held by the School District.

Employees are advised to seek independent advice with regard to tax or financial consequences associated with any action taken by them under this policy.

 

8.    CONTINUATION OF INSURANCE

Employees retiring under the early retirement program may be eligible to continue participation in the School District’s group insurance plan at the employee’s own expense.  Employees must meet the requirements of the insurer and must pay the monthly premium amount in full to the board secretary prior to the due date for the School District’s premium payment to the insurer.
This insurance coverage will cease when the licensed employee/retiree reaches age sixty-five, secures other employment in which the employer provides insurance coverage, or dies.  If dependent insurance coverage is carried, that coverage may continue beyond the employee's/retiree's sixty-fifth birthday for a period of up to five years or until the dependent reaches age sixty-five.

 

9.    RIGHT TO AMEND OR REVOKE

The Board reserves the right to amend or revoke this Early Retirement Policy or any provision of this policy at any time, with or without notice.

The Board also reserves the right to waive any requirement or condition of this policy at its discretion and at any time.  Any decision by the Board to waive a requirement or condition which is a part of this policy shall not establish any precedent with regard to future requests for a waiver.

 

 

Approved: 03/15/2021                        Reviewed: 02/15/2021                       Revised: 02/15/2021

 

Jen@iowaschool… Fri, 04/08/2022 - 20:04

407.6E1 - Resignation and Request for Early Retirement

407.6E1 - Resignation and Request for Early Retirement

RESIGNATION AND REQUEST FOR EARLY RETIREMENT

 

I, _____________________________, born on _________________, hereby submit my resignation to the Board of Directors of the Colo-NESCO  Community School District and elect the early retirement benefits available to employees in the Colo-NESCO Community School District.  This resignation is subject to the acceptance of my application for early retirement benefits.

 

I commenced my most recent continuous service in the Colo-NESCO Community School District on ________________________.

 

 

 

COMPUTATION OF EARLY RETIREMENT BENEFIT

 

1.    Current Salary Schedule & TSS Funds:            _______________________________

 

                              X   

2.    30%     Early Retirement Benefit            _______________________________

 

 

 

 

 

DESIGNATION OF BENEFICIARY

 

If the Board approves my application for early retirement benefits and I die before I receive the Benefit, I direct the Board to pay the Benefit to:

 

 _____________________________________

  (Name of Beneficiary)

 

Print Full Name __________________________________________________

 

Signed ___________________________________ Date _________________

 

The resignation and request for early retirement was accepted by the Board of Directors on the _____ day of _________________, 2019, by action as noted in the minutes of the Board.

 

_______________________________________________

Secretary of Board of Directors

Colo-NESCO Community School District

                                   

Jen@iowaschool… Fri, 04/08/2022 - 20:09

407.6E2 - Agreement Not to Seek Re-Employment

407.6E2 - Agreement Not to Seek Re-Employment

 

AGREEMENT NOT TO SEEK RE-EMPLOYMENT

 

In consideration of the benefits that will be provided to be by Colo-NESCO Community School District through its Early Retirement Policy, I hereby agree not to apply for or seek employment as a full-time licensed teacher with Colo-NESCO Community School District at any time in the future. However, I may be re-employed at the District’s sole discretion.

 

Print Full Name ________________________________________________

 

Signed ___________________________________ Date _________________

 

                                   

   

Jen@iowaschool… Fri, 04/08/2022 - 20:11

407.6E3 - Release of All Claims

407.6E3 - Release of All Claims

RELEASE OF ALL CLAIMS

 

The Colo-Nesco Community School District (the "School District") and _____________________  ("Employee") agree as follows:

1.    In consideration of the benefits to be provided to Employee in accordance with the Early Retirement Plan, Employee agrees to immediately sign and submit a letter of resignation to be effective on _______________.

2.    Employee is advised that he/she has the right to consult with an attorney prior to signing this Agreement.

3.    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, and including 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.    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.

 

CAUTION: THIS IS A RELEASE OF ALL CLAIMS

_________________________________                        
Employee

Date:     ______________
                                    

 

Jen@iowaschool… Fri, 04/08/2022 - 20:13