Ask Matt – April 2012 – Chapter 279 Terminations & Resignations

1. Ask Matt – April 2012 – Chapter 279 Terminations & Resignations Matt Carver, J.D., Director of Legal Services tel - 515.267.1115 fax - 515.267.1066

2. Terminations & Resignations • 279 Contracts & Ethics • 282 Iowa Administrative Code 25.3(5) Standard V—violations of contractual obligations. a. Violation of this standard includes: • (1) Signing a written professional employment contract while under contract with another school, school district, or area education agency. • (2) Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract. An administrator shall make a good faith effort to determine whether the practitioner has been released from the current contract. • (3) Abandoning a written professional employment contract without prior unconditional release by the employer. • (4) As an employer, executing a written professional employment contract with a practitioner, which requires the performance of duties that the practitioner is not legally qualified to perform.

3. Terminations & Resignations • 279 Contracts & Ethics • (5) As a practitioner, executing a written professional employment contract, which requires the performance of duties that the practitioner is not legally qualified to perform. • b. In addressing complaints based upon contractual obligations, the board shall consider factors beyond the practitioner’s control. For purposes of enforcement of this standard, a practitioner will not be found to have abandoned an existing contract if: • (1) The practitioner obtained a release from the employing board before discontinuing services under the contract; or • (2) The practitioner provided notice to the employing board no later than the latest of the following dates: • 1. The practitioner’s last work day of the school year; • 2. The date set for return of the contract as specified in statute; or June 30.

4. Terminations & Resignations • 284.2 Definitions • 1. “Beginning teacher”means an individual serving under an initial or intern license, issued by the board of educational examiners under chapter 272, who is assuming a position as a teacher. For purposes of the beginning teacher mentoring and induction program created pursuant to section 284.5, “beginning teacher” also includes preschool teachers who are licensed by the board of educational examiners under chapter 272 and are employed by a school district or area education agency. “Beginning teacher” does not include a teacher whose employment with a school district or area education agency is probationary unless the teacher is serving under an initial or teacher intern license issued by the board of educational examiners under chapter 272. …

5. Terminations & Resignations • 284.2 Definitions … • 6. “Intensive assistance” means the provision of organizational support and technical assistance to teachers, other than beginning teachers, for the remediation of identified teaching and classroom management concerns for a period not to exceed twelve months.

6. Terminations & Resignations • 284.8. Performance review requirements for teachers … • 2. If a supervisor or an evaluator determines, at any time, as a result of a teacher's performance that the teacher is not meeting district expectations under the Iowa teaching standards specified in section 284.3, subsection 1, paragraphs “a”through “h”, the criteria for the Iowa teaching standards … and any other standards or criteria established in the collective bargaining agreement, the evaluator shall, at the direction of the teacher's supervisor, recommend to the district that the teacher participate in an intensive assistance program. The intensive assistance program and its implementation are subject to negotiation and grievance procedures. . .

7. Terminations & Resignations • 284.3. Iowa teaching standards • 1. For purposes of this chapter and for developing teacher evaluation criteria under chapter 279, the Iowa teaching standards are as follows: … • h. Fulfills professional responsibilities established by the school district. DO NOT AGREE TO AWARENESS PERIODS WITH YOUR DISTRICT’S UNION IF YOU HAVE NOT DONE SO ALREADY!

8. Terminations & Resignations • 279.19. Probationary period • The first three consecutive years of employment of a teacher in the same school district are a probationary period. However, if the teacher has successfully completed a probationary period of employment for another school district located in Iowa, the probationary period in the current district of employment shall not exceed one year. A board of directors may waive the probationary period for any teacher who previously has served a probationary period in another school district and the board may extend the probationary period for an additional year with the consent of the teacher.

9. Terminations & Resignations • 279.19. Probationary period … • In the case of the termination of a probationary teacher's contract, the provisions of sections 279.15 and 279.16 shall apply. However, if the probationary teacher is a beginning teacher who fails to demonstrate competence in the Iowa teaching standards in accordance with chapter 284, the provisions of sections 279.17 and 279.18 shall also apply. • The board's decision shall be final and binding unless the termination was based upon an alleged violation of a constitutionally guaranteed right of the teacher or an alleged violation of public employee rights of the teacher under section 20.10.

10. Terminations & Resignations • 279.19. Probationary period … • Notwithstanding any provision to the contrary, the grievance procedures of section 20.18 relating to job performance or job retention shall not apply to a teacher during the first two years of the teacher's probationary period. However, this paragraph shall not apply to a teacher who has successfully completed a probationary period in a school district in Iowa.

11. Terminations & Resignations • Teacher Terminations • “279.15. Notice of termination—request for hearing 1. The superintendent or the superintendent's designee shall notify the teacher not later than April 30 that the superintendent will recommend in writing to the board at a regular or special meeting of the board, held not later than May 15, that the teacher's continuing contract be terminated effective at the end of the current school year. However, if the district is subject to reorganization under chapter 275, the notification shall not occur until after the first organizational meeting of the board of the newly formed district.”

12. Terminations & Resignations • Teacher Terminations • While the April 30 and May 15 dates are applicable in most districts, it is possible that the master contract in your district may have different dates (likely earlier). Unless the teacher’s conduct is so heinous that it is deserving of a mid-year termination for “just cause” under Iowa Code §279.27, if your district misses the aforementioned dates for termination, your district will not be able to successfully terminate a teacher who has a contract under Chapter 279. • The significance of probationary status for both teachers and administrators is that the employee’s appeal rights stop at the school board level, unless it is a beginning teacher and you are also recommending that s/he does not receive her license, or the employee’s constitution- al rights have allegedly been violated.

13. Terminations & Resignations • 279.27. Discharge of teacher • A teacher may be discharged at any time during the contract year for just cause. The superintendent or the superintendent's designee, shall notify the teacher immediately that the superintendent will recommend in writing to the board at a regular or special meeting of the board held not more than fifteen days after notification has been given to the teacher that the teacher's continuing contract be terminated effective immediately following a decision of the board. The procedure for dismissal shall be as provided in section 279.15, subsection 2, and sections 279.16 to 279.19. The superintendent may suspend a teacher under this section pending hearing and determination by the board.

14. Terminations & Resignations • “Just Cause” • “Probably no inflexible ‘just cause’ definition we could devise would be adequate to measure the myriad of situations which may surface in future litigation. It is sufficient here to hold that in the context of teacher fault a ‘just cause’ is one which directly or indirectly significantly and adversely affects what must be the ultimate goal of every school system: high quality education for the district's students. It relates to job performance including leadership and role model effectiveness. It must include the concept that a school district is not married to mediocrity but may dismiss personnel who are neither performing high quality work nor improving in performance. On the other hand, ‘just cause’ cannot include reasons which are arbitrary, unfair, or generated out of some petty vendetta.” • Briggs vs. Board of Directors of Hinton CSD, 282 NW.2d 740 (Iowa 1979).

15. Terminations & Resignations • 279.19A. Extracurricular contracts • 1. School districts employing individuals to coach interscholastic athletic sports shall issue a separate extracurricular contract for each of these sports. An extracurricular contract offered under this section shall be separate from the contract issued under section 279.13. … • b. A termination of a contract entered into pursuant to section 279.13, or a resignation from that contract by the teacher, constitutes an automatic termination or resignation of the extracurricular contract in effect between the same teacher and the employing school board.

16. Terminations & Resignations • 279.19B. Coaching endorsement and authorization • 1. a. The board of directors of a school district may employ for head coach of any interscholastic athletic activities or for assistant coach of any interscholastic athletic activity, an individual who possesses a coaching authorization issued by the board of educational examiners or possesses a teaching license with a coaching endorsement issued pursuant to chapter 272. However, a board of directors of a school district shall consider applicants with qualifications described below, in the following order of priority: • (1) A qualified individual who possesses a valid teaching license with a proper coaching endorsement. • (2) A qualified individual who possesses a coaching authorization issued by the board of educational examiners. • b. Qualifications are to be determined by the board of directors or their designee on a case-by-case basis.

17. Terminations & Resignations • 279.19B. Coaching endorsement and authorization … • 2. An individual who has been issued a coaching authorization or who possesses a teaching license with a coaching endorsement but is not issued a teaching contract under section 279.13 and who is employed by the board of directors of a school district serves at the pleasure of the board of directors and is not subject to sections 279.13 through 279.19, and 279.27. Subsection 1 of section 279.19A applies to coaching authorizations. …

18. Terminations & Resignations • Probationary Administrators • Pursuant to Iowa Code §279.24(4) – “If a school board determines that it should terminate a probationary administrator’s contract, the school board shall notify the administrator not later than May 15 that the contract will not be renewed beyond the current year.” The school district does not need to have just cause to terminate a probationary administrator’s contract. • The first two years are probationary for administrators, but it may be waived if the administrator has completed a probationary period in another school district (does not have to be Iowa).

19. Terminations & Resignations • Non-Probationary Administrators • Pursuant to Iowa Code §279.24(5)(a) – “On or before May 15, the administrator shall be notified in writing by a letter personally delivered or mailed by certified mail that the school board has voted to consider termination of the contract. The notification shall be complete when received by the administrator. … If the administrator does not request a hearing, the school board, not later than May 31, may determine the continuance or discontinuance of the contract ...” With non-probationary administrators your school district does need to have just cause to terminate the administrator.

20. Terminations & Resignations • Superintendents • In Iowa, “just cause” is not needed to terminate superintendents at the end of their contracts. “Just cause” would be needed for termination during the course of a multi-year or in the middle of a single-year contract.

21. Terminations & Resignations • 279.25. Discharge of administrator • An administrator may be discharged at any time during the contract year for just cause. The administrator shall be notified in writing that the board has voted to consider termination of the administrator's contract and the applicable procedures of section 279.24 shall apply.

22. Terminations & Resignations • Administrator Resignations • Pursuant to Iowa Code §279.24(3) - An administrator may file a written resignation with the secretary of the school board on or before May 1 of each year or the date specified by the school board for return of the contract, whichever date occurs first.

23. Terminations & Resignations • 1. If you are negotiating your multi-year contract, consider attempting to add language that would require the “just cause” to be performance related, rather than budget or other non-performance related, if the contract is terminated mid-year under Iowa Code § 279.25 (superintendents may have up to three-year contracts unless the district is still paying the last superintendent, and other administrators may have up to two-year contracts). • 2. Be especially sensitive of employee confidentiality issues whenever you are working in the area of employee discipline or termination.

24. Terminations & Resignations • 3. You superintendents out there would be wise to attempt to add a requirement of “just cause” to your individual contracts, if you currently have a supportive board, or negotiate the language into your contract, if you are being hired at a new district. Also consider adding a “liquidated damages” clause to your contract. • 4. Ensure that Code language, contract language, and district policies are followed during termination proceedings.

25. Terminations & Resignations • 5. Have some empathy when you are terminating employees. All too often employees who are being terminated or talked into resigning are being treated too harshly on their way out (e.g., prematurely locking the employee out of the computer system, escorting the employee out of the building on his/her last day, etc.). Remember the Golden Rule.

26. Terminations & Resignations • 6. Document, document, document. Ensure that you thoroughly document if you are having a difficult time with an employee. Likewise, document your own positive actions and keep those thank you notes, in case you are placed on the defensive. Also document any inappropriate comments made by board members or other superiors regarding you or your position (e.g., “I knew we needed a man in that job.”). • 7. Communicate, communicate, communicate. Have a practice of “no surprises.” • 8. The sun will come up tomorrow.

27. Terminations & Resignations • QUESTIONS???