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.
2. a. Notification of recommendation of termination of a teacher’s contract shall be in writing and shall be personally delivered to the teacher, or mailed by certified mail. The notification shall be complete when received by the teacher. The notification and the recommendation to terminate shall contain a short and plain statement of the reasons, which shall be for just cause, why the recommendation is being made. The notification shall be given at or before the time the recommendation is given to the board.
b. As a part of the termination proceedings, the teacher’s complete personnel file of employment by that board shall be available to the teacher, which file shall contain a record of all periodic evaluations between the teacher and appropriate supervisors.
c. Within five days of the receipt of the written notice that the superintendent is recommending termination of the contract, the teacher may request, in writing to the secretary of the board, a private hearing with the board. The private hearing shall not be subject to chapter 21 and shall be held no sooner than twenty days and no later than forty days following the receipt of the request unless the parties otherwise agree. The secretary of the board shall notify the teacher in writing of the date, time, and location of the private hearing, and at least ten days before the hearing shall also furnish to the teacher any documentation which may be presented to the board at the private hearing and a list of persons who may address the board in support of the superintendent’s recommendation at the private hearing. At least seven days before the hearing, the teacher shall provide any documentation the teacher expects to present at the private hearing, along with the names of any persons who may address the board on behalf of the teacher. This exchange of information shall be at the time specified unless otherwise agreed. [R60, §2055; C73, §1757; C97, §2778; SS15, §2778; C24, 27, 31, 35, 39, §4229; C46, 50, 54, 58, 62, 66, 71, 73, 75, §279.13; C77, 79, 81, §279.15] 86 Acts, ch 1239, §4; 91 Acts, ch 174, §7; 92 Acts, ch 1227, §18; 2010 Acts, ch 1061, §180; 2017 Acts, ch 2, §31, 48, 49 Referred to in §256.103, 256.160, 260C.39, 273.22, 275.33, 279.13, 279.16, 279.19, 279.19B, 279.27, 284.8 \n
Notes of Decisions
Christiansen v. West Branch Cmty. Sch. Dist., 674 F.3d 927 (8th Cir. 2012).
· cites it 2× “15 (2)(a), the superintendent begins termination proceedings by submitting a recommendation of termination to the school board and issuing the teacher a written notice containing a statement of reasons, “which shall be for just cause.” Within five days of receiving the written…”
Hlubek v. Pelecky, 701 N.W.2d 93 (Iowa 2005).
· cites it 2× “See Iowa Code § 279.15 (1999). However, before a hearing could be held, Hlubek resigned.”
Lockhart v. Cedar Rapids Cmty. Sch. Dist., 963 F. Supp. 805 (N.D. Iowa 1997).
· cites it 2× “However, the court held that termination of a teacher under Iowa Code § 279.15 (2), which addressed termination of a teacher at the close of a school year, was subject to the collective bargaining agreement and its arbitration clause.”
Olds v. Bd. of Educ. of Nashua Cmty. Sch. Dist., 334 N.W.2d 765 (Iowa Ct. App. 1983).
· cites it 4× “Olds received notice, pursuant to Iowa Code § 279.15 , from Superintendent Fred Ruck that he would recommend to the Nashua Board of Education that Olds' teaching contract be terminated.”
Bishop v. E. Allamakee Cmty. Sch. Dist., 346 N.W.2d 500 (Iowa 1984).
“Finally, we find Bishop’s claim that the ten-day notice requirement operates only as a trap for the unwary specious in light of the time limits she already had to satisfy to gain a hearing before the school board, Iowa Code § 279.15 , and to appeal the board’s decision to an…”
Gianforte v. Whitehead, 773 N.W.2d 540 (Iowa 2009).
“Iowa Code § 279.15 (2). Second, the teacher is entitled to receive all documentation expected to be presented to the board by the superintendent at the hearing in support of the recommendation to terminate the contract.”
Munger v. Jesup Cmty. Sch. Dist., 325 N.W.2d 377 (Iowa 1982).
“Dissatisfied with this result, Munger requested that the matter be referred to an adjudicator for review.”
Bd. of Dirs. of Ames Sc. Dist. v. Cullinan, 745 N.W.2d 487 (Iowa 2008).
“The legislature has not defined just cause; however, we have stated: 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…”
Yancy v. McDevitt, 802 F.2d 1025 (8th Cir. 1986).
· cites it 2× “The procedures for terminating a teaching contract are found in Iowa Code Ann. §§ 279.15 -.18 (West Supp.”
Randall v. Allison-Bristow Cmty. Sch. Dist., 528 N.W.2d 588 (Iowa 1995).
“Iowa Code § 279.15 (2) states in material part that [a]s part of the termination proceedings, a teacher's complete personnel file of employment by that board shall be available to the teacher, which file shall contain a record of all periodic evaluations between the teacher and…”
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