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REASONS
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The recommendation to the Board and its decision not to
renew a contract under this policy shall not be based on an employee's
exercise of Constitutional rights or based unlawfully on an employee's race,
color, religion, sex, national origin, disability, or age. Reasons for
proposed nonrenewal of an employee's term contract
shall be:
- Deficiencies pointed
out in observation reports, appraisals or evaluations,
supplemental memoranda, or other communications.
- Failure to fulfill
duties or responsibilities.
- Incompetency
or inefficiency in the performance of duties.
- Inability to maintain
discipline in any situation in which the employee is responsible
for the oversight and supervision of students.
- Insubordination or
failure to comply with official directives.
- Failure to comply with
Board policies or administrative regulations.
- Excessive absences.
- Conducting personal
business during school hours when it results in neglect of
duties.
- Reduction in force
because of financial exigency or program change. [See DFF]
- Drunkenness or
excessive use of alcoholic beverages; or possession, use, or being under
the influence of alcohol or alcoholic beverages while on school
property, while working in the scope of the employee's duties, or while
attending any school- or District-sponsored activity.
- The illegal
possession, use, manufacture, or distribution of a controlled
substance, a drug, a dangerous drug, hallucinogens, or other substances
regulated by state statutes.
- Conviction of a
felony or of any crime involving moral turpitude; conviction of a lesser
included offense pursuant to a plea when the original charged offense is
a felony; or deferred adjudication for a felony or any crime involving
moral turpitude. [See DH]
- Failure to report any
arrest, conviction, or deferred adjudication for any felony or any crime
involving moral turpitude as required by policy. [See DH]
- Failure to meet the
District's standards of professional conduct.
- Failure to comply
with reasonable District requirements regarding advanced coursework or
professional improvement and growth.
- Disability, not
otherwise protected by law, that prevents
the employee from performing the essential functions of the job.
- Any activity,
school-connected or otherwise, that, because of publicity given it, or
knowledge of it among students, faculty, and community, impairs or
diminishes the employee's effectiveness in the District.
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- Any breach by the
employee of an employment contract or any reason specified in the
employee's employment contract.
- Failure to maintain
an effective working relationship, or maintain good rapport, with
parents, the community, or colleagues.
- A significant lack of
student progress attributable to the educator.
- Behavior that
presents a danger of physical harm to a student or to other individuals.
- Assault on a person
on school property or at a school-related function, or on an employee,
student, or student's parent regardless of time or place.
- Use of profanity in
the course of performing any duties of employment, whether on or off
school premises, in the presence of students, staff, or members of the
public, if reasonably characterized as unprofessional.
- Falsification of
records or other documents related to the District's activities.
- Falsification or
omission of required information on an employment application.
- Misrepresentation of
facts to a supervisor or other District official in the conduct of
District business.
- Failure to fulfill
requirements for certification, including passing certification
examinations required by state law for the employee's assignment.
- Failure to achieve or
maintain "highly qualified" status as required for the
employee's assignment.
- Failure to fulfill
the requirements of a deficiency plan under an Emergency Permit, a
Special Assignment Permit, or a Temporary Classroom Assignment Permit.
- Any attempt to
encourage or coerce a child to withhold information from the child's
parent or from other District personnel.
- Any reason that makes
the employment relationship void or voidable,
such as a violation of federal, state, or local law.
- Any reason
constituting good cause for terminating the contract during its
term.
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RECOMMENDATIONS FROM ADMINISTRATION
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Administrative recommendations for renewal or proposed nonrenewal of professional employee contracts shall be
submitted to the Superintendent. The Superintendent shall require that each
administrator's recommendation for nonrenewal be
accompanied by copies of all pertinent information necessary to a decision to
recommend proposed nonrenewal. The final decision
on the administrative recommendation to the Board on each employee's contract
rests with the Superintendent.
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SUPERINTENDENT'S RECOMMENDATION
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The Superintendent shall prepare lists of employees whose
contracts are recommended for renewal or proposed nonrenewal
by the Board. Copies of written evaluations, other supporting documentation,
if any, and reasons for the recommendation shall be submitted for each
employee recommended for proposed nonrenewal. The
Board shall consider such information, as appropriate, in support of
recommendations for proposed nonrenewal and shall
then act on all recommendations.
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NOTICE OF PROPOSED RENEWAL OR NONRENEWAL
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The Superintendent shall deliver to the employee by
hand or certified mail, return receipt requested, written notice of proposed
renewal or nonrenewal not later than the
45th day before the last day of instruction required in the contract. If the
notice of proposed nonrenewal does not contain a statement
of the reason or all of the reasons for the proposed action, and the employee
requests a hearing, the District shall give the employee notice of all
reasons for the proposed nonrenewal a reasonable
time before the hearing. The initial notice or any subsequent notice shall
contain the hearing procedures.
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REQUEST FOR HEARING
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If the employee desires a hearing after receiving the
notice of proposed nonrenewal, the employee shall
notify the Board in writing not later than the 15th day after the date the
employee received the notice of proposed nonrenewal.
When a timely request for a hearing on a proposed nonrenewal
is received by the Board President, the hearing shall be held not later than
the 15th day after receipt of the request, unless the parties mutually
agree to a delay. The employee shall be given notice of the hearing date as
soon as it is set.
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HEARING PROCEDURE
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The hearing shall be conducted in closed meeting unless
the employee requests that it be open, with only the members of the Board,
the employee, the Superintendent, their representatives, and such witnesses
as may be called in attendance. Witnesses may be excluded from the hearing
until it is their turn to present evidence. The employee and the
administration may each be represented by a representative of each
party's choice. Notice, at least five days in advance of the hearing, shall
be given by each party intending to be represented, including the name of the
representative. Failure to give such notice may result in postponement of the
hearing.
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The conduct of the hearing shall be under the Board
President's control and in general shall follow the steps listed below:
- After consultation
with the parties, the Board President shall impose reasonable time
limits for presentation of evidence and closing arguments.
- The hearing shall
begin with the administration's presentation, supported by such proof as
it desires to offer.
- The employee may
cross-examine any witnesses for the administration.
- The employee may then
present such testimonial or documentary proof, as desired, to offer in
rebuttal or general support of the contention that the contract be
renewed.
- The administration
may cross-examine any witnesses for the employee and offer rebuttal to
the testimony of the employee's witnesses.
- Closing arguments may
be made by each party.
A record of the hearing shall be made so that a certified transcript can
be prepared, if required.
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BOARD DECISION
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The Board may consider only such evidence as is presented
at the hearing. After all the evidence has been presented, if the Board
determines that the reasons given in support of the recommendation to not
renew the employee's contract are lawful, supported by the evidence,
and not arbitrary or capricious, it shall so notify the employee by a written
notice not later than the 15th day after the date on which the hearing is
concluded. This notice shall also include the Board's decision on
renewal, which decision shall be final.
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