Common use of DUE PROCESS CONTINUATION Clause in Contracts

DUE PROCESS CONTINUATION. (1) The Board and LTA agree to the mutual benefit of a fair dismissal procedure for experienced teachers. This provision balances the relative security earned through an extended and successful probationary period with employer expectations of continues quality professional performance. (2) For the first three (3) years of professional employment with the district, teachers are considered probationary and may be non-renewed prior to the statutory deadline for any reason except as protected by Constitutional or other non-discrimination protections. (3) Starting in year four (4) of teaching with the district, teachers shall have earned non-probationary status. At its discretion, the Board may formally grant non- probationary status to any teacher earlier. (4) Non-probationary teachers may be non-renewed for good cause, including any ground which is put forward by the school board in good faith and which is not arbitrary, irrational, unreasonable, or irrelevant to the Board’s task of building up and maintaining an efficient school system. (5) If the proposed non-renewal is to be based on poor job performance, the district’s evaluation procedure shall be followed. The non-probationary teacher will be informed his/her performance is substandard and the full evaluation process will be utilized, including a measurable plan of improvement. The plan of improvement shall be collaboratively developed but the final decision on the plan rests with the principal. (6) If the non-renewal is based on other reasons, including disciplinary factors or reduction in force, those separate procedures as outlined in the Agreement shall be followed. (7) If the non-probationary teacher is non-renewed, he/she shall be notified by certified mail prior to the statutory continuing contract date. The notification shall include the reasons for the non-renewal, as well as all evidence used to support the Board’s decision which the Board will use at a hearing. The non-renewed teacher will have fourteen (14) calendar days from the receipt of the letter to file a written request for a hearing. The decision as to whether the hearing shall be open or closed will be at the discretion of the teacher. (8) During the hearing, the entire basis for the non-renewal shall be offered by the district. The teacher may challenge the district’s evidence and present evidence in his/her own behalf. Otherwise, the hearing shall be closed at the end of the presentations. The decision by the Board shall determine whether to sustain or reverse the non-renewal and re-instatement of any lost pay, and shall be rendered in writing to both parties within seven (7) calendar days. (9) It is the intention of the parties that the decision be rendered prior to June 1 and all reasonable efforts should be made to accomplish that goal. (10) The teacher shall pay for his/her expenses, including any witnesses and/or representation. All other expenses of the hearing shall be paid by the district.