Issue link: http://digital.copcomm.com/i/281716
March 2014 isea.org • ISEA Communiqué 6 LEGAL YouR RIGHTs Teaching Contracts, Resignation and Termination 101 with spring just around the corner, you may anticipate the renewal of your teaching contract. iowa law provides that school districts may begin to offer contracts for the coming school year as early as March 15. whether you intend to stay put or move on to greener pastures, let us review the basics of contract renewal, resignation and termination. contract Renewal and Resignation iowa law sets certain parameters for contracts between teachers and public school districts. teaching contracts must be in writing and expressly state the number of contract days, the annual compensation to be paid, and any other matters mutually agreed upon by the parties. when distributed to staff, contracts must be signed by the president of the school board or the superintendent, if he has been granted such authority by the board. this statute has been on the books for many years and presents relatively few issues, but a few recur every year. for instance, each year a district or two will fail to list "the annual compensation to be paid." this often happens when negotiations between a district and a local association have not concluded for the year and the district is anxious to get contracts issued. districts may list the current year's salary term or leave out the salary term completely. A contract without the "annual compensation to be paid" is not a valid contract and we do not recommend you sign it. Another common issue arises from modifications of the contract. upon close review of your new contract, you may discover changes in the terms from the previous year. be sure you understand those changes and agree to them. to discuss the legal consequences of a proposed modification or for other concerns regarding the content of your teaching contract, contact your local uniServ office. if you plan to resign your teaching position this year, you may do so freely within 21 days of receiving your contract. Simply return your contract unsigned along with a resignation effective at the end of the current school year. After 21 days, your teaching contract automatically continues and you are legally bound to fulfill the contract in the upcoming year. if you wish to resign after you have signed a contract for next year, you must seek a release from the district. A district is not obligated to provide such a release and some do not. if the district does not provide a release and you abandon your teaching contract, a district can sue for damages in a breach of contract action. the district may also choose to file a complaint with the iowa board of educational examiners claiming you abandoned your teaching contract. the board's Standards of professional conduct and ethics prohibit a teacher from abandoning a teaching contract after June 30 for the upcoming year. Although you may avoid sanctions by the board by resigning before June 30, your former employer can still file a breach of contract action against you for failing to fulfill your contract. termination if you receive a notice from your superintendent that he or she will recommend your termination for any reason, staff reduction or cause, contact your uniServ director immediately. teachers are entitled to a hearing in front of the school board before the decision is made whether to terminate their contact. time is of the essence once you receive notice that the district intends to terminate you. A request for a hearing must be made within five days from the date of the notice and preparation for a hearing should begin immediately. if you have questions about the terms of your teaching contract or if you are concerned about resignation or termination, contact your local uniServ office for assistance. by Jay Hammond, ISEA staff counsel