Code No. 408.1 Employee Resignation

Licensed Employees

  1. Resignation Prior to Executing an Individual Contract
    1. A licensed employee who wishes to resign from his/her continuing contract prior to executing an individual contract for the following year shall submit a written resignation to the superintendent.  The resignation shall be in writing and shall state the employee’s intent to resign and final date of employment.  The licensed employee shall ensure the resignation is filed with the board secretary.    The resignation must be filed not later than the last day of the current school year or the date specified by the board for return of the contract, whichever date occurs first.
  2. Resignation after Executing an Individual Contract
    1. The board expects that all signed, fully executed contracts with licensed employees will be performed as stated.  Release from a fully executed contract following a resignation request from a licensed employee is at the sole discretion of the board.
    2. A licensed employee who wishes to resign from his/her continuing contract after executing an individual contract shall give thirty (30) days written days’ notice to the board secretary.  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 shall have sole discretion to determine what constitutes unusual and extreme circumstances.
    3. Release from a contract shall be contingent upon finding a suitable replacement.  Licensed employees requesting release from a contract after it has been signed will be required to pay the board the cost of advertising for a suitable replacement.  Upon written mutual agreement between the employee and the superintendent or, in the case of the superintendent, a designee of the board, the costs may be deducted from the employee’s salary.  Payment of these costs shall be a condition for release from the contract at the discretion of the board.  Failure of the licensed employee to pay these expenses will result in the employee not being released from the employee’s contract.

The superintendent is authorized to file a complaint with the Iowa Board of Educational Examiners against any licensed employee who leaves their employment with the district without proper release from their contract from the board.  Should such an instance arise, the resignation of the licensed employee may be accepted under protest so that replacement staff may be hired without jeopardizing the legal rights of the district.

The board may require a licensed employee 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, but unsuccessful, effort to find a replacement and the licensed employee is continuing to be employed by the district.

Non-Licensed Employees

A non-licensed employee who wishes to resign shall submit a written resignation to the superintendent or the superintendent’s designee.  The resignation shall be in writing and shall state the employee’s intent to resign and the final date of employment.  The resignation must be submitted not later than thirty (30) days prior to the final date of employment.

The superintendent or the superintendent’s designee will refer the resignation to the board with a recommendation.

 

Approved:  May 18, 2015      

Revised/Reviewed:  January 24, 2022