279.13 - CONTRACTS WITH TEACHERS -- AUTOMATIC CONTINUATION -- INITIAL BACKGROUND INVESTIGATIONS.
279.13 CONTRACTS WITH TEACHERS -- AUTOMATIC
CONTINUATION -- INITIAL BACKGROUND INVESTIGATIONS.
1. a. Contracts with teachers, which for the purpose of this
section means all licensed employees of a school district and nurses
employed by the board, excluding superintendents, assistant
superintendents, principals, and assistant principals, shall be in
writing and shall state the number of contract days, the annual
compensation to be paid, and any other matters as may be mutually
agreed upon. The contract may include employment for a term not
exceeding the ensuing school year, except as otherwise authorized.
b. (1) Prior to entering into an initial contract with a
teacher who holds a license other than an initial license issued by
the board of educational examiners under chapter 272, the school
district shall initiate a state criminal history record check of the
applicant through the division of criminal investigation of the
department of public safety, submit the applicant's fingerprints to
the division for submission to the federal bureau of investigation
for a national criminal history record check, and review the sex
offender registry information under section 692A.121 available to the
general public, the central registry for child abuse information
established under section 235A.14, and the central registry for
dependent adult abuse information established under section 235B.5
for information regarding the applicant for employment as a teacher.
(2) The school district may charge the applicant a fee not to
exceed the actual cost charged the school district for the state and
national criminal history checks and registry checks conducted
pursuant to subparagraph (1).
c. The contract is invalid if the teacher is under contract
with another board of directors to teach during the same time period
until a release from the other contract is achieved. The contract
shall be signed by the president of the board, or by the
superintendent if the board has adopted a policy authorizing the
superintendent to sign teaching contracts, when tendered, and after
it is signed by the teacher, the contract shall be filed with the
secretary of the board before the teacher enters into performance
under the contract.
2. The contract shall remain in force and effect for the period
stated in the contract and shall be automatically continued for
equivalent periods except as modified or terminated by mutual
agreement of the board of directors and the teacher or as terminated
in accordance with the provisions specified in this chapter. A
contract shall not be offered by the employing board to a teacher
under its jurisdiction prior to March 15 of any year. A teacher who
has not accepted a contract for the ensuing school year tendered by
the employing board may resign effective at the end of the current
school year by filing a written resignation with the secretary of the
board. The resignation must be filed not later than the last day of
the current school year or the date specified by the employing board
for return of the contract, whichever date occurs first. However, a
teacher shall not be required to return a contract to the board or to
resign less than twenty-one days after the contract has been offered.
3. If the provisions of a contract executed or automatically
renewed under this section conflict with a collective bargaining
agreement negotiated under chapter 20 and effective when the contract
is executed or renewed, the provisions of the collective bargaining
agreement shall prevail.
4. For purposes of this section, sections 279.14, 279.15 through
279.17, 279.19, and 279.27, unless the context otherwise requires,
"teacher" includes the following individuals employed by a
community college:
a. An instructor, but does not include an adjunct instructor.
b. A librarian, including those denoted as being a learning
resource specialist or a media specialist.
c. A counselor.
5. Notwithstanding the other provisions of this section, a
temporary contract may be issued to a teacher to fill a vacancy
created by a leave of absence in accordance with the provisions of
section 29A.28, which contract shall automatically terminate upon
return from military leave of the former incumbent of the teaching
position and which contract shall not be subject to the provisions of
sections 279.15 through 279.19, or section 279.27. A separate
extracurricular contract issued pursuant to section 279.19A to a
person issued a temporary contract under this section shall
automatically terminate with the termination of the temporary
contract as required under section 279.19A, subsection 8. Section History: Early Form
[R60, § 2055; C73, § 1757; C97, § 2778; SS15, § 2778; C24, 27, 31,
35, 39, § 4229; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§ 279.13] Section History: Recent Form
89 Acts, ch 265, §40; 2001 Acts, ch 159, §10; 2003 Acts, ch 19,
§1; 2003 Acts, ch 180, §31; 2007 Acts, ch 108, §11; 2007 Acts, ch
215, §102; 2008 Acts, ch 1181, §35, 36; 2009 Acts, ch 119, §40; 2009
Acts, ch 133, §103
Referred to in § 261.48, 261.112, 262.9, 272.2, 272.15, 273.3,
273.22, 275.33, 279.16, 279.19A, 279.19B, 279.23, 279.43, 284.2