407.02 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 shall have sole discretion to determine what constitutes unusual and extreme circumstances.

Release from a contract shall 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 for reasonable 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 shall be 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  (1995).

                               1978 Op. Att'y Gen. 247. 

                               1974 Op. Att'y Gen. 11, 322.

 Cross Reference:    405.03  Licensed Employee Individual Contracts

                                405.04  Licensed Employee Continuing Contracts 

                                407.03  Licensed Employee Retirement

Approved 8/18/11     Reviewed  10/21/20              Revised