What you need to know about your contract

By Christy Aumer, Staff Counsel

With spring around the corner, teachers begin to anticipate the renewal of their individual teaching contracts. In many cases, this time of year will pass without incident and teachers will prepare to end the school year and begin another in the same school district. Regardless of whether you cannot imagine working anywhere else or you are off to greener pastures next year, read on to pick up some good things to think about before you return your signed contract.

Don't just sign that contract, read it!

Iowa law requires contracts between teachers and public school districts to be in writing and expressly state the number of contract days, the annual compensation, and any other matters mutually agreed upon. Districts must wait until March 15 to distribute contracts and cannot require teachers to return contracts less than 21 calendar days from receipt.

Individual teaching contracts continue automatically from year to year unless modified or terminated by either party. In other words, if you signed a contract last year, that contract will continue unless the district terminates the contract, you resign from the contract, or both parties agree to modify the contract in some way. Despite this fact, districts issue new, often identical, contracts on an annual basis.

Be sure to read the contents of the contract each year and compare the language to the contract you signed the previous year. If you fail to do so, you may inadvertently agree to a modification that is not in your best interests. If you notice a new term in the contract that causes you concern, contact your UniServ director for information on the legal consequences of the new term. Do not sign and submit the new contract until you understand and agree to each of the terms.

If you want to resign

If you plan to resign your teaching position, return your contract unsigned within 21 calendar days of receipt along with a resignation to be effective at the end of the current school year. Avoid resigning after you sign a contract because once the contract has been signed, you must get a release from the district before your resignation can become effective.

A district does not have to release you from your contract and some do not. If you choose to leave the district with which you have signed a contract and fail to obtain a release, the district can sue you for damages. You may also be subject to sanctions by the Iowa Board of Educational Examiners. The Board's Standards of Professional Conduct and Ethics prohibit a teacher from signing a contract with a district if he or she is, at the time, under contract with another district. If a teacher resigns from their current district prior to June 30, he or she does not commit an ethical violation by moving on in absence of a release. After June 30, a teacher who signs a contract with a second district before being released from the contract with the first district commits an ethical violation. Although you may avoid sanctions by the Board by resigning before June 30, your former employer can still sue you for failing to fulfill your contract.

Termination

If you receive a notice from your superintendent that he or she will recommend your termination, contact your UniServ director immediately. Teachers are entitled to a hearing in front of the school board before a decision is made to adopt the superintendent's recommendation. Time is of the essence once the notice is distributed. A request for a hearing must be made within five days from the date of the notice and preparation for a hearing should begin immediately.

If you have questions about the terms of your teaching contract, or if you are concerned about resignation or termination, contact your local UniServ office.

March 2006 ISEA Communiqué