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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.
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- Incompetency or inefficiency in the performance of duties.
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- 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.
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- 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]
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- 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.
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- The illegal possession, use, manufacture, or distribution
of a controlled substance, a drug, a dangerous drug, hallucinogens,
or other substances regulated by state statutes.
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- 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.
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- 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.
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- A significant lack of student progress attributable to the
educator.
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- Behavior that presents a danger of physical harm to a
student or to other individuals.
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- 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.
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- 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.
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- 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.
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- Failure to fulfill requirements for certification,
including passing certification examinations required by state law for the
employee's assignment.
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- 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.
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- Any attempt to encourage or coerce a child to withhold
information from the child's parent or from other District personnel.
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- Any reason that makes the employment relationship void or
voidable, such as a violation of federal, state, or local law.
- Involvement in discrimination and/or retaliation against a
student in response to a complaint, conference, or other matter involving
the parent, guardian, or other representative of the student, or against
the child of a District employee, of a member of the Board, or of another
person connected with the District by virtue of his or her position or
occupation, where such discrimination or retaliation or both is of a
personal, retributive, or vindictive nature.
- Involvement in extending undue or extraordinary advantage
or unwarranted and unfair disadvantage to a student on the basis of
extracurricular participation, academic status, political or cultural
affiliation, identity by kinship, or other personal or occupational
relationship.
- 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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