RESIGNATION

A licensed staff member 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 staff member’s regular duties and for an extracurricular contract for extra duty. Resignations meeting these requirements 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 staff member is continuing to be employed by the District.

CONTRACT RELEASE

Licensed staff who wish to be released from an executed contract must give at least twenty-one days notice to the Superintendent. Licensed staff may be released at the discretion of the Board. Only in unusual and extreme circumstances will the Board release a licensed staff member from a contract. The Board will have sole discretion to determine what constitutes unusual and extreme circumstances.

Release from a contract shall be contingent upon finding a suitable replacement. Licensed staff members 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 staff member and the Superintendent, the costs may be deducted from the staff member’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 staff 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 staff member who leaves without proper release from the Board. 

RETIREMENT

Licensed staff members who will complete their current contract with the Board may apply for retirement.  No licensed staff will be required to retire at a specific age.

Application for retirement will be considered made when the licensed staff member states in writing to the Superintendent, no later than the date set by the Board for the return of the staff member's contract to the Board, the intent of the staff member to retire. The letter must state the staff member’s desire to retire and be witnessed by another party other than the principal or Superintendent. Applications made after the date set by the Board for the return of the staff member’s contract may be considered by the Board if special circumstances exist. It shall be within the Board’s discretion to determine whether special circumstances exist.

Board action to approve a licensed staff member’s application for retirement shall be final and such action constitutes nonrenewal of the staff member’s contract for the next school year.

Licensed staff members who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.

Licensed staff members and their spouse and dependents shall be allowed to continue coverage in the District's group health insurance program at their own expense by meeting the insurer’s requirements.

VOLUNTARY EARLY RETIREMENT

The District may offer an early retirement plan for full-time licensed and 12-month employees. Full-time licensed or 12-month employees are employees who are regularly scheduled to work 38 hours per week and are currently performing their assigned duties within the District. A licensed or 12-month employee is eligible under the early retirement plan when the licensed or 12-month employee:

• Is at least age 55 prior to the start of the next school year.
• Completes a total of 15 years of service as a full-time licensed or 12-month employee to the District;
• Submits an application to the Superintendent for participation in the plan prior to the second Monday of January of the year in which the licensed employee wishes to retire. Applications submitted after second Monday of January may be considered at the discretion of the Board depending on the circumstances for the late application;
• Submits a written resignation. The resignation may be contingent upon approval by the Board of participation in the voluntary early retirement plan; and,
• Receives Board approval of the licensed or 12-month employee's application for participation in the early retirement plan, of the licensed employee's resignation, and of the disbursement of early retirement incentive to the licensed employee.

Board approval of the licensed or 12-month employee's early retirement application shall constitute a voluntary resignation. Board approval of the licensed or 12-month employee's early retirement application will also make the licensed or 12-month employee eligible for disbursement of the early retirement incentive the sooner of July 1 following the licensed or 12-month employee's approval for early retirement or a date mutually agreed upon by the District and the licensed or 12-month employee. Failure of the Board to approve the licensed or 12-month employee's early retirement application will make the licensed or 12-month employee's current contract with the Board continue in full force and effect.

SUSPENSION

Licensed staff shall 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. The Superintendent has discretion to suspend a licensed staff member with or without pay.

In the event of a suspension, appropriate due process shall be followed.

REDUCTION IN FORCE

The Board has the exclusive authority to determine the appropriate number of licensed staff members. A reduction of licensed staff members 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 staff members, 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 staff members.

The Superintendent will make a recommendation for termination to the Board. The process for reduction in force shall be as follows:

1.         Staff reductions will be made within the following categories:

            a.         Grades PreK - 4th by area:

                        i.          Regular Classroom

                        ii..        Preschool Handicapped

                        iii.        Special Education

                        iv.        Preschool

            b.         Grades 5th - 8th by area:

                        i.          Regular Classroom

                        ii.         Special Education

            c.         Grades 9th - 12th by curricular area:

                        i.          Mathematics

                        ii.         Science

                        iii.        Social Studies

                        iv.        English

                        v.         Family and Consumer Science

                        vi.        Business Education

                        vii.       Foreign Language

                        viii.      Vocational Agriculture

                        ix.        Multi-Occupations

                        x.         Health

                        xi.        Special Education

                        xii.       Industrial Art

                        xiii.      Hamilton High - Alternative School

                        d.         Grades K - 12th by area:

                                    i.          Guidance

                                    ii.         Media

                                    iii.        Music

                                    iv.        Art

                                    v.         P.E.

                                    vi.        ELL

                                    vii.       Nurse (District/School Nurse)

It is the intention of the parties that the above categories shall be considered as separate units.

Given the necessity to maintain the most competent and qualified staff available, the District in determining which teachers are to be reduced will consider:

The need to maintain District programs, both academic as well as extra curricular.

If the above considerations are relatively equal among affected teachers, ties shall be broken by the last four (4) digits of a teacher’s social security number (the highest number receives the highest seniority).

Order of Reduction: Within the staff reduction categories to be reduced, teachers will be reduced in the following order:

1. Those teachers with “temporary” or “emergency” certificates shall be terminated first.
2. Probationary teachers as defined in Section 279.19, Code of Iowa.
3. Non-probationary teachers in inverse order of seniority.
4. Exceptions may be made in the order of reduction provided in Items 1-3 above if necessary to maintain a program, to maintain compliance with accreditation standards, or to maintain a teacher 
5. with necessary state teaching certification for a position to be retained.

C.  Notification - Teachers to be terminated shall be given a notice of reduction no later than April 30th. The notice will indicate the reason(s) for staff reduction. A copy will be provided to the Association.

D.  Benefits - Any professional teacher who is re-employed after termination under this Article shall be placed on the salary schedule at the step above the one in effect at the time of departure if eligible for same.

E.  Recall Provisions

1. Any teacher who resigns subsequent to receiving a notice of termination due to staff reduction or is terminated because of staff reduction shall be recalled as provided herein.
2. Teachers referred to in Section 1 of the Seniority List shall be recalled for a period of two (2) years (from the last regular teacher workday in the year of layoff) if a written request for recall is filed with the Superintendent prior to September 1 of the year in which the teacher was terminated. Any teacher wishing to retain his/her recall privileges shall keep the Superintendent informed in writing of his/her current contact information  to be used in the event of recall.
3. In filling open positions, those teachers on recall shall be recalled when there is a position open in the staff reduction category from which the teacher was reduced or a position open in a staff reduction category in which the teacher has taught in the Webster City Community School District during the last five years and, in either instance, the teacher is certified for the vacant teaching position. Title I I teachers are entitled to be recalled in the Regular Classroom category. If more than one (1) teacher is so qualified for the vacancy, teachers shall be recalled in the inverse order of termination. Teachers will be notified via email at the latest email address provided to the Superintendent. Failure of the teacher to affirmatively respond within ten (10) calendar days of mailing shall be deemed a waiver by the teacher of that recall opportunity.
4. Exception - Any teacher hired as a temporary teacher for one (1) year or less to replace a teacher on extended leave of absence shall not be eligible for recall rights.

F.  Grievance - Any teacher entitled to recall shall retain the right to grieve the recall provision herein for two years after employment is terminated pursuant to staff reduction.

Approved:  March 2007
Reviewed:  February 2022

Revised:  February 2022