1. 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 through 279.19. The superintendent may suspend a teacher under this section pending hearing and determination by the board.
2. For purposes of this section, “just cause” includes but is not limited to a violation of the code of professional conduct and ethics of the board of educational examiners if the board has taken disciplinary action against a teacher, during the six months following issuance by the board of a final written decision and finding of fact after a disciplinary proceeding. [C73, §1734; C97, §2782; C24, 27, 31, 35, 39, §4237; C46, 50, 54, 58, 62, 66, 71, 73, 75, §279.24; C77, 79, 81, §279.27] 2005 Acts, ch 3, §59; 2017 Acts, ch 2, §41, 48, 49 Referred to in §256.103, 279.13, 279.14, 279.19B, 284.8 \n
Notes of Decisions
Ne. Cmty. Educ. Ass'n v. Ne. Cmty. Sch. Dist., 402 N.W.2d 765 (Iowa 1987).
· cites it 50× “The employee organization responds to the school district's argument with our holding in McFarland : "There is no statutory authority for suspension as punishment, nor for any suspension, with or without pay, following the decision of the board on the superintendent's…”
Lockhart v. Cedar Rapids Cmty. Sch. Dist., 963 F. Supp. 805 (N.D. Iowa 1997).
· cites it 10× “7(3) expressly grants school districts the power to suspend teachers for proper cause for disciplinary reasons provided an Iowa Code § 279.27 discharge proceeding has been initiated); McFarland v.”
Smith v. Bd. of Ed. of Fort Madison Cmty., 293 N.W.2d 221 (Iowa 1980).
· cites it 14× “24, The Code 1975, as amended” (now section 279.27, The Code 1979), the superintendent notified plaintiff that he was recommending the immediate termination of his employment and was suspending Smith without pay pending the hearing on his termination.”
McFarland v. Bd. of Educ., 277 N.W.2d 901 (Iowa 1979).
· cites it 16× “This plaintiff, a school teacher, appeals from an order of the district court sustaining a motion to dismiss his application for judicial review in a discharge action under section 279.27, The Code. We reverse and remand to the adjudicator.”
Shenandoah Educ. Ass'n v. Shenandoah Cmty. Sch. Dist., 337 N.W.2d 477 (Iowa 1983).
· cites it 12× “It is important to distinguish this case from cases involving discharge for just cause which is personal to the teacher and provided for in Iowa Code section 279.27. The latter subject is not a mandatory subject of bargaining under Iowa Code section 20.”
Waterloo Educ. Ass'n v. Waterloo Cmty. Sch. Dist., 372 N.W.2d 267 (Iowa 1985).
· cites it 20× “"), and (2) termination at any time for "just cause" under section 279.27 ("A teacher may be discharged at any time during the contract year for just cause.”
Libe v. Bd. of Educ. of Twin Cedars, 350 N.W.2d 748 (Iowa Ct. App. 1984).
· cites it 8× “This termination proceeding was brought under the authority of Iowa Code section 279.27: Discharge of teacher. A teacher may be discharged at any time during the contract year for just cause.”
Atl. Educ. Ass'n v. Atl. Cmty. Sch. Dist., 469 N.W.2d 689 (Iowa 1991).
· cites it 6× “” On March 13, the school district notified Breining that her termination was being recommended in accordance with Iowa Code section 279.27 based on her negative performance evaluations.”
Smith v. Bd. of Educ. of the Mediapolis Sch. Dist., 334 N.W.2d 150 (Iowa 1983).
· cites it 4× “As a result of these changes, procedures for nonrenewal of teachers’ contracts (as contrasted to discharge under section 279.27) now require “just cause” hearing procedures whether the nonrenewal is based upon a fault of the teacher or, as here, circumstances not attributed to…”
Walthart v. Bd. of Dirs. of Edco Sc. Dist., 694 N.W.2d 740 (Iowa 2005).
· cites it 2× “See Iowa Code § 279.27 . He gave the following reasons: • Unprofessional conduct in allowing students to use teacher’s property for a party where alcohol was illegally used by students.”
— Iowa Code § 279.27(1) — 1 case
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