§ 279.24 — Contract with administrators — automatic continuation or termination

Iowa § 279.24

• Jurisdiction: Iowa
• Title VII: EDUCATION, HISTORY, AND CULTURE
• Ch. 279: DIRECTORS — POWERS AND DUTIES

Text

1. An administrator’s contract shall remain in force and effect for the period stated in
the contract. The contract shall be automatically continued in force and effect for additional
one-year periods beyond the end of its original term, except and until the contract is modified
or terminated by mutual agreement of the board of directors and the administrator, or until
terminated as provided by this section.
2. If the board of directors is considering termination of an administrator’s contract, prior
to any formal action, the board may arrange to meet in closed session, in accordance with the
provisions of section 21.5, with the administrator and the administrator’s representative. The
board shall review the administrator’s evaluation, review the reasons for nonrenewal, and
givetheadministratoranopportunitytorespond. If,followingtheclosedsession,theboardof
directors and the administrator are unable to mutually agree to a modification or termination
of the administrator’s contract, the board of directors may issue a one-year nonrenewable
contracttotheadministrator. Iftheboardofdirectorsdecidestoterminatetheadministrator’s
contract, the board shall follow the procedures in this section.
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.
4. Administrators employed in a school district for less than three consecutive years are
probationary administrators. However, a school board may extend the probationary period
for an additional year with the consent of the administrator. 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 notice shall be in writing by letter, personally delivered, or mailed by certified
§279.24, DIRECTORS — POWERS AND DUTIES 18
mail. The notification shall be complete when received by the administrator. Within ten days
after receiving the notice, the administrator may request a private conference with the school
board to discuss the reasons for termination. The school board’s decision to terminate a
probationary administrator’s contract shall be final unless the termination was based upon
an alleged violation of a constitutionally guaranteed right of the administrator.
5. The school board may, by majority vote of the membership of the school board, cause
the contract of an administrator to be terminated. If the school board determines that it
should consider the termination of a nonprobationary administrator’s contract, the following
procedure shall apply:
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.
b. Thenoticeshallstatethespecificreasonstobeusedbytheschoolboardforconsidering
termination which for all administrators except superintendents shall be for just cause.
c. Within five days after receipt of the written notice that the school board has voted
to consider termination of the contract, the administrator may request a private hearing in
writing to the secretary of the school board. The board shall then forward the notification
to the board of educational examiners along with a request that the board of educational
examiners submit a list of five qualified administrative law judges who are employed by the
division of administrative hearings created by section 10A.801 to the parties. Within three
days from receipt of the list the parties shall select an administrative law judge by alternately
removinganamefromthelistuntilonlyonenameremains. Thepersonwhosenameremains
shall be the administrative law judge. The parties shall determine by lot which party shall
remove the first name from the list. The private hearing shall be held no sooner than twenty
days and not later than forty days following the administrator’s request unless the parties
otherwise agree. If the administrator does not request a private hearing, the school board,
not later than May 31, may determine the continuance or discontinuance of the contract and,
if the board determines to continue the administrator’s contract, whether to suspend the
administrator with or without pay for a period specified by the board. School board action
shall be by majority roll call vote entered on the minutes of the meeting. Notice of school
board action shall be personally delivered or mailed to the administrator.
d. The administrative law judge selected shall notify the secretary of the school board and
the administrator in writing concerning the date, time, and location of the private hearing.
The school board may be represented by a legal representative, if any, and the administrator
shall appear and may be represented by counsel or by representative, if any. Any witnesses
for the parties at the private hearing shall be sequestered. A transcript or recording shall be
made of the proceedings at the private hearing. A school board member or administrator is
not liable for any damage to an administrator or school board member if a statement made
at the private hearing is determined to be erroneous as long as the statement was made in
good faith.
e. The administrative law judge shall, within ten days following the date of the private
hearing, make a proposed decision as to whether or not the administrator should be
dismissed, and shall give a copy of the proposed decision to the administrator and the school
board. Findings of fact shall be prepared by the administrative law judge. The proposed
decision of the administrative law judge shall become the final decision of the school board
unless within thirty days after the filing of the decision the administrator files a written
notice of appeal with the school board, or the school board on its own motion determines to
review the decision.
f. If the administrator appeals to the school board, or if the school board determines on its
ownmotiontoreviewtheproposeddecisionoftheadministrativelawjudge, aprivatehearing
shall be held before the school board within ten days after the petition for review, or motion
for review, has been made or at such other time as the parties agree. The private hearing
is not subject to chapter 21. The school board may hear the case de novo upon the record
as submitted before the administrative law judge. In cases where there is an appeal from a
proposed decision or where a proposed decision is reviewed on motion of the school board,
an opportunity shall be afforded to each party to file exceptions, present briefs, and present
19 DIRECTORS — POWERS AND DUTIES, §279.26
oral arguments to the school board which is to render the final decision. The secretary of
the school board shall give the administrator written notice of the time, place, and date of
the private hearing. The school board shall meet within five days after the private hearing
to determine the question of continuance or discontinuance of the contract and, if the board
determines to continue the administrator’s contract, whether to suspend the administrator
with or without pay for a period specified by the board or issue the administrator a one-year,
nonrenewable contract. The school board shall make findings of fact which shall be based
solely on the evidence in the record and on matters officially noticed in the record.
g. The decision of the school board shall be in writing.
h. When the school board has reached a decision, opinion, or conclusion, it shall convene
in open meeting and by roll call vote determine the continuance or discontinuance of the
administrator’s contract and, if the board votes to continue the administrator’s contract,
whether to suspend the administrator with or without pay for a period specified by the board
or issue the administrator a one-year, nonrenewable contract. The record of the private
hearing and written decision of the board shall be exempt from the provisions of chapter
22. The secretary of the school board shall immediately personally deliver or mail notice of
the school board’s action to the administrator.
i. The administrator may within thirty days after notification by the school board of
discontinuance of the contract appeal to the district court of the county in which the
administrative office of the school district is located.
6. Thecourtmayaffirmtheschoolboard’saction. Thecourtshallreverse,modify,orgrant
any other appropriate relief from the school board’s action, equitable or legal, and including
declaratory relief, if substantial rights of the administrator have been prejudiced because the
school board’s action is any of the following:
a. In violation of constitutional or statutory provisions.
b. In excess of the statutory authority of the school board.
c. In violation of school board policy or rule.
d. Made upon unlawful procedure.
e. Affected by other error of law.
f. Unsupported by a preponderance of the evidence in the record made before the school
board when that record is reviewed as a whole.
g. Unreasonable, arbitrary, or capricious, or characterized by an abuse of discretion or
clearly unwarranted exercise of discretion.

Legislative History

[C77, 79, 81, §279.24]