407.2 Licensed Employee Contract Release

POSTED: July 24, 2024

Code No.  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 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 required to file a complaint with the Iowa 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 (2007).

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: September 20, 2004

Reviewed: August 16, 2010

Reviewed: November 18, 2019

Revised: