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301.35 Superintendent Contract and Contract Non Renewal

The length of the contract for employment between the Superintendent and the Board is determined by the Board. The contract will begin on July 1 and end on June 30. The contract will state the terms of employment.

The first two years of a contract issued to a newly employed Superintendent is considered a probationary period. The Board may waive this period or the probationary period may be extended for an additional year upon the consent of the Superintendent. In the event of termination of a probationary or nonprobationary contract, the Board will afford the Superintendent appropriate due process, including notice by May 15. The Superintendent and Board may mutually agree to terminate the Superintendent’s contract at any time.

If a Superintendent’s contract is not being renewed by the Board, the contract will be extended automatically for additional one-year periods beyond the end of its term until it is modified or terminated as mutually agreed to by the parties or until the Superintendent’s contract is terminated consistent with statutory termination procedures.

It is the responsibility of the Board to provide the contract for the Superintendent.

If the Superintendent wishes to resign, to be released from a contract, or to retire, the Superintendent must comply with Board policies or specific contract provisions dealing with retirement, release or resignation.

Legal Reference:
Cook v Plainfield Community School District, 301 N.W.2d 771 (Iowa App. 1980).
Board of Education of Fort Madison Community School District v. Youel, 282 N.W.2d 677 (Iowa 1979).
Briggs v Board of Directors of Hinton Community School District, 282 N.W.2d 740 (Iowa 1979).
Luse v. Waco Community School District of Henry Co., 258 Iowa 1087, 141 N.W.2d 607 (1966).
Iowa Code ยงยง 21.5(1)(i); 279.20, .22-.25 (2011).
281i.a.c. 12.4(4)

Cross Reference:
301.10 Superintendent of Schools-Qualifications
301.20 Superintendent of Schools-Functions

March 26, 2012

February 20, 2017