DFBB(LOCAL) - TERM CONTRACTS: NONRENEWAL
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, gender, national origin, age, disability, or any other basis prohibited by law. 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.
Conducting personal business during school hours when it results in neglect of duties.
Reduction in force because of financial exigency. [See DFFA]
Reduction in force because of a program change. [See DFFB]
The employee is not retained at a campus in accordance with provisions of a campus turnaround plan. [See AIC]
Drunkenness or excessive use of alcoholic beverages; or possession, use, or being under the influence of alcohol or alcoholic beverages while on District 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.
Failure to meet the District's standards of professional conduct.
Failure to report any arrest, indictment, conviction, no contest or guilty plea, or other adjudication for any felony, any crime involving moral turpitude, or other offense listed at DH(LOCAL). [See DH]
Conviction of or deferred adjudication for any felony, any crime involving moral turpitude, or other offense listed at DH(LOCAL); or conviction of a lesser included offense pursuant to a plea when the original charged offense is a felony. [See DH]
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, or the community, impairs or diminishes the employee's effectiveness in the District.
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 District 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 state licensure or certification, including passing certification or licensing examinations required by state or federal law or by the District for the employee's assignment.
Failure to maintain licensing and certification requirements, including the completion of required continuing education hours, for the employee's assignment.
Failure to complete certification or permit renewal requirements, or failure to fulfill the requirements of a deficiency plan, under an Emergency Permit or a Temporary Classroom Assignment Permit.
Failure to timely obtain and maintain ESL certification as required by District job descriptions and/or supporting directives.
Any attempt to encourage or coerce a child to withhold information from the child's parent or from other District personnel.
Immorality, which is conduct that is willful, flagrant, or shameless, and shows a moral indifference to the opinion of the good and respectable members of the community.
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.
Recommendations from Administration
Administrative recommendations for renewal or proposed nonrenewal of term contracts shall be submitted to the Superintendent. A recommendation for proposed nonrenewal shall be supported by any relevant documentation. The final decision on the administrative recommendation to the Board on each employee's contract rests with the Superintendent.
The Superintendent shall prepare lists of employees whose contracts are recommended for renewal or proposed nonrenewal by the Board. 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. If the Board votes to propose nonrenewal for any employees, it shall also decide whether any requested hearing will be conducted by the Board or by an independent hearing examiner.
Notice of Proposed Nonrenewal
After the Board votes to propose nonrenewal, the Superintendent or designee shall deliver written notice of proposed nonrenewal in accordance with law.
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 at a reasonable time before the hearing.
The Board has chosen to designate the type of hearing for proposed nonrenewals on a case-by-case basis. In the notice of proposed nonrenewal, the employee shall receive notice of whether the Board [see Request for Board Hearing, below] or an independent hearing examiner appointed by the commissioner of education [see Request for Appointment of Hearing Examiner, below] will conduct the hearing.
Request for Appointment of Hearing Examiner
If the notice of proposed nonrenewal states that the nonrenewal hearing will be conducted by an independent hearing examiner, the employee may request a hearing by filing a written request with the commissioner, and providing the Board a copy of the request, not later than the 15th day after the date the employee received the notice of proposed nonrenewal.
The hearing shall be conducted by an independent hearing examiner in accordance with the process described at DFD.
Following the hearing, the Board shall take appropriate action in accordance with DFD.
Request for Board Hearing
If the notice of proposed nonrenewal states that the nonrenewal hearing will be conducted by the Board, the employee may request a hearing by providing written notice to the Board 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 presiding officer, the Board shall notify the employee whether the hearing will be conducted by the Board [see Hearing by the Board, below] or an attorney designated by the Board [see Hearing by an Attorney Designated by the Board, below].
In either case, 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.
Hearing by the Board
Unless the employee requests that the hearing be open, the hearing shall be conducted in closed meeting 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 called to present evidence. The employee and the administration may choose a representative. 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.
Prior to Hearing
The following procedures shall apply prior to the hearing:
At least five days prior to the date of the hearing, the administration and the employee shall exchange, in writing, the names of any witnesses to be called, the nature of the testimony to be given by the witnesses, and copies of all documentary and other evidence to be introduced at the hearing. Unless the name of a witness and the subject of the witness's testimony are disclosed, he or she shall not be permitted to testify. No witness shall be permitted to testify on any subject not disclosed. No documentary or other evidence shall be considered unless disclosed in compliance with this provision. The Board may, however, at its sole discretion, permit an exception to these prohibitions for good cause shown.
Representatives of the administration and the employee shall meet prior to the hearing to discuss the evidence to be presented. Where possible, parties are encouraged to stipulate the evidence and stipulate the admissibility of exhibits to be offered in order to conserve time at the actual hearing for presentation of each party's case before the Board. By 5:00 p.m. on the day of the hearing, the parties shall deliver to the District (by delivery to the Superintendent's office) eight sets of stipulated facts and exhibits that have not been contested so that they can be made available to Board members immediately prior to the hearing.
The administration and the employee shall each receive a maximum of two hours to present their entire case to the Board, inclusive of any opening statement, direct and cross-examination of witnesses, introduction of evidence, objections, and closing arguments. This time limit shall be strictly adhered to and may only be extended by agreement of both parties and approval of the Board.
The conduct of the hearing shall be under the presiding officer's control and shall generally follow the steps listed below:
After consultation with the parties, the presiding officer 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.
The Board may consider only evidence 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.
Hearing by an Attorney Designated by the Board
The hearing must be private unless the employee requests in writing that the hearing be public, with the exception that the attorney may close the hearing to maintain decorum. If the employee does not request a public hearing, only the attorney designated by the Board, the employee, the Superintendent, their representatives, and witnesses will be permitted to be in attendance, and witnesses may be excluded from the hearing until called to present evidence. The employee and the administration may choose a representative. 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.
The conduct of the hearing shall be under the control of the attorney designated by the Board and shall generally follow the steps listed at Hearing by the Board.
Not later than the 15th day after the completion of the hearing, the attorney shall provide to the Board a record of the hearing and his or her recommendation on renewal.
The Board shall consider the record of the hearing and the attorney's recommendation at the first Board meeting for which notice can be posted, unless the parties agree in writing to a different date. The Board shall notify the employee of the meeting date as soon as it is set. At the meeting, the Board shall allow each party ten minutes to present oral arguments. The Board shall notify the employee in writing of the Board's decision on renewal not later than the 15th day after the date of the meeting.
If the employee fails to request a hearing, the Board shall take the appropriate action and notify the employee in writing of that action not later than the 30th day after the date the notice of proposed nonrenewal was sent.