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Personnel Policy 5280: Termination
of Employment
The superintendent has the statutory authority to issue probable cause for termination
to a certificated staff member. The board shall consider the termination of a classified
staff member based upon the recommendation of the superintendent. The notice of termination
shall include notice of any appeal rights the employee may have and notice of the appeal
processes.
- Release from Contract
A certificated staff member may be released from contract under the following conditions:
- A letter requesting release shall be submitted to the superintendent's office.
If accepted by the board at its next meeting, the staff member shall be released
from contract.
- A release from contract may be granted by the board to allow a staff member
to accept another position prior to or during the school year provided a satisfactory
replacement can be obtained.
- A release from contract may be granted by the board in case of illness or other
personal matters which make it a substantial hardship for the staff member to
continue his/her employment in the district.
- Each request shall be determined upon its own merits. The needs of the district
and continuity of the educational program offered to students shall receive primary
consideration in the board's decision.
- Resignation
In order to permit proper staff planning and to minimize inconvenience to others
who may be affected, certificated staff who plan to resign at the end of their contract
period are requested to notify the superintendent of their resignation or retirement
by April 1.
Those staff who are not contractually obligated to complete the current school
year should notify the superintendent as early as possible of their intent to resign
and no less than 30 days prior to their last working day.
- Retirement
Staff shall participate in the retirement programs under the Federal Social Security
Act and the Washington State Teachers' Retirement System or the School Employees'
Retirement System. Payroll deductions shall be made and paid into the respective
retirement programs in the manner prescribed by law.
Staff who become eligible to retire under the controlling retirement system and
who intend to retire at the end of the current school year are requested to notify
the superintendent prior to April 1st of that year.
Those staff intending to retire who are not contractually obligated to complete
the current school year should notify the superintendent as early as possible and
no less than 30 days prior to their retirement date. Because of their contribution
to the children of the district, retiring staff shall be given appropriate recognition.
The district office encourage staff to work directly with the State Retirement System.
- Probation, Non-renewal or Termination
The employment contracts of individual certificated staff may be non-renewed at
the end of the staff member's contract period by action of the superintendent. Such
non-renewals may be based upon unsatisfactory performance or changes in the district's
financial circumstances and/or staffing needs. Except for "provisional employees,"
non-renewals for unsatisfactory performance shall be preceded by a probationary
period.
The superintendent shall establish procedures to assist those certificated staff
whose performance, through the evaluation process, does not meet minimum requirements.
The district may require the teacher to take in-service training provided by the
district in the area of teaching skills needing improvement.
Classified staff are granted provisional status during the first 90 calendar days
of employment. During that period of time, they are subject to termination without
advance notice. Upon satisfactory completion of 90 calendar days of consecutive
service, a staff member may be granted regular status. In cases of discharge the
employee shall receive a statement of reason(s) for discharge. Within five (5) working
days of receipt of the notice of discharge the employee may request a hearing with
the School Board. The employee will be notified of the date of the hearing within
five (5) working days of receipt of the request.
- Program and Staff Reductions
Program and staff reductions may be required as a direct result of enrollment decline,
failure of a special levy election or other events resulting in a significant reduction
in revenue; or termination or reduction of funding of categorically-funded projects.
The board shall, after a review of such indicators as test results, community surveys,
informal and formal statements of support and/or opinion, and the district's statement
of philosophy, identify those educational programs and services which shall be reduced,
modified or eliminated.
When the reduction, modification or elimination of programs and/or services necessitates
a reduction in staff, the board shall retain staff member's based upon service in
the state of Washington and qualifications and experience necessary for the retained
position.
A staff member who receives notice of non-renewal of contract due to enrollment
decline or loss of revenue may, in his/her request for a hearing, stipulate that
initiation of the arrangements for a hearing officer shall occur within ten (10)
days following July 15, rather than the day the staff member submits the request
for a hearing.
The superintendent shall develop procedures to implement this policy except that
any staff agreement in effect shall supersede this policy.
| Cross References: |
Policy 5240 |
Evaluation of Classified, Certificated and
Administrative Staff |
| Legal References: |
RCW 28A.400.300 |
Hiring and Discharging Employees - Leaves
for employees - Seniority and leave benefits, retention upon transfers between schools |
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RCW 28A.400.320 |
Mandatory termination of classified employees |
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RCW 28A.400.340 |
Discharge Notices Include Appeal Rights |
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RCW 28A.405.140 |
In-Service training for teacher may be required
after evaluation |
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RCW 28A.405.210 |
Conditions and contracts of employment -
Determination of probable cause for non-renewal of contracts - Notice - Opportunity
for hearing |
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RCW 28A.405.220 |
Conditions and contracts of employment -
Non-renewal of provisional employment - Procedure |
| |
RCW 28A.405.300 |
Adverse change in contract status of certificated
employee - Determination of probable cause - Notice - Opportunity for hearing |
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RCW 28A.405.310 |
Adverse change in contract status of certificated
employee, including non-renewal of contract - Hearings - Procedure |
| |
RCW 28A.405.470 |
Mandatory termination of certified employees |
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RCW 28A.410.090 |
Revocation of authority to teach |
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RCW 41.32.240 |
Membership in system - Procedure when exempted
person desires membership - Continuation of exemption - Persons formerly exempt,
minimum period to qualify for retirement allowance |
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RCW 41.33.020(6) |
Terms and provisions of plan |
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RCW 41.40.023 |
Membership |
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RCW 41.41 |
State Employees' Retirement--Federal Social
Security |
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WAC 180-86 |
Policies and procedures for administration
of certification proceedings |
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WAC 180-87 |
Acts of Unprofessional Conduct |
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WAC 180-44-060 |
Drugs and alcohol - Use of as cause for dismissal |
ADOPTED: March 27, 2000
REVISED: April 28, 2003
Last Updated 03.21.05 |