279.24 - CONTRACT WITH ADMINISTRATORS -- AUTOMATIC CONTINUATION OR TERMINATION.
279.24 CONTRACT WITH ADMINISTRATORS -- AUTOMATIC
CONTINUATION OR TERMINATION.
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 give the
administrator an opportunity to respond. If, following the closed
session, the board of directors and the administrator are unable to
mutually agree to a modification or termination of the
administrator's contract, or the board of directors and the
administrator are unable to mutually agree to enter into a one-year
nonrenewable contract, the board of directors 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 two
consecutive years are probationary administrators. However, a school
board may waive the probationary period for any administrator who has
previously served a probationary period in another school district
and the 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 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. The notice shall state the specific reasons to be used by
the school board for considering 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 in writing to the secretary of the
school board that the notification be forwarded 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 to the parties. Within three days from receipt of the
list the parties shall select an administrative law judge by
alternately removing a name from the list until only one name
remains. The person whose name remains shall be the administrative
law judge. The parties shall determine by lot which party shall
remove the first name from the list. The hearing shall be held no
sooner than ten days and not later than thirty days following the
administrator's request unless the parties otherwise agree. If the
administrator does not request a 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 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. A transcript or recording shall be made of
the proceedings at the 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 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 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 ten 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 own motion to review the proposed
decision of the administrative law judge, a private hearing shall be
held before the school board within five 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 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
hearing. The school board shall meet within five days after the
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. 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 and
shall include findings of fact and conclusions of law, separately
stated. Findings of fact, if set forth in statutory language, shall
be accompanied by a concise and explicit statement of the underlying
facts supporting the findings. Each conclusion of law shall be
supported by cited authority or by reasoned opinion.
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. The record of the private
conference and findings of fact and exceptions 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. The court may affirm the school board's action. The court
shall reverse, modify, or grant 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. Section History: Early Form
[C77, 79, 81, § 279.24] Section History: Recent Form
87 Acts, ch 39, § 1; 88 Acts, ch 1109, § 21; 90 Acts, ch 1249, §
13; 92 Acts, ch 1009, § 1; 92 Acts, ch 1227, § 20; 93 Acts, ch 32, §
3, 4; 2001 Acts, ch 62, §2
Referred to in § 260C.39, 272.14, 272.15, 273.3, 273.22, 273.23,
275.25, 275.33, 275.41, 279.21, 279.23, 279.25