Common use of FAIR DISMISSAL OF TEACHERS Clause in Contracts

FAIR DISMISSAL OF TEACHERS. Changed 6-1-15 A. The BOE and Association agree to the mutual benefit of the Fair Dismissal procedure for experienced teachers. This provision balances the relative security earned through an extended and successful probationary period with employer expectations of continued quality professional performance. B. For the first three years of professional employment with the district, teachers, are considered probationary and may be nonrenewed prior to the statutory deadline for any reason except as protected by Constitutional or other nondiscrimination protections. C. Starting in year four of teaching with the district, teachers shall have earned nonprobationary status. At its discretion, the Board may formally grant nonprobationary status to any teacher earlier. D. Nonprobationary teachers may be terminated or nonrenewed for just cause, including ineffective performance, provided the procedural process is closely observed. While timelines are expected to be followed, extenuating circumstances may be considered for minor procedural errors. If the proposed nonrenewal is to be based on ineffective performance, the district evaluation procedure shall be followed. The nonprobationary 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. E. If the termination or nonrenewal is based on other reasons, including disciplinary factors or reduction of force, those separate procedures as outlined in the Agreement shall be followed prior to the termination or nonrenewal. F. If the nonprobationary teacher is terminated or nonrenewed, he/she shall be notified in writing prior to the statutory continuing contract date. The notification shall include the reasons for termination or nonrenewal. The teacher will have fourteen calendar days from the postmark/witnessed hand-delivery of the letter to file a written request with the Board Clerk for a hearing. G. Within seven calendar days, the parties shall meet and select a mutually agreeable party to be the hearing officer. If that is not possible, the hearing officer shall be an arbitrator selected by alternately striking names from either the KSDE list or the AAA list. H. During the hearing, the entire basis for the termination or nonrenewal shall be proffered by the district and the teacher may present his/her response. If, in the opinion of the BOE, more time and/or information is needed for an appropriate decision, it shall be allowed. Otherwise, the hearing shall be closed at the end of the presentations. The recommendation by the hearing officer shall be rendered in writing to both parties within seven (7) calendar days of the conclusion of the hearing. The recommendation of the hearing officer shall be taken into consideration by the BOE. The final decision shall be rendered by the BOE in writing to the teacher within ten (10) calendar days of having received the recommendation of the hearing officer. I. It is the intention of the parties that the decision be rendered prior to August 1 and all reasonable efforts should be made to accomplish that goal. J. If the teacher prevails, he/she is reinstated in full. If the BOE prevails, the job action is final. The decision is binding on both parties provided that either party may appeal a decision it believes arbitrary or capricious. K. The teacher shall pay for his/her expenses, including any witness and/or representation. All other expense of the hearing shall be paid by the district.

FAIR DISMISSAL OF TEACHERS. Changed 6-1-15 A. . The BOE Board and Association agree to the mutual benefit of the 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 continued quality professional performance. B. 2. For the first three consecutive years of professional employment with the district, teachers, teachers are considered probationary and may be nonrenewed dismissed from employment prior to the statutory deadline for any reason except as protected by Constitutional or other nondiscrimination non-discrimination protections. Administrative notification of non-renewal should be conducted face-to-face whenever possible as a matter of professional respect. C. 3. Starting in year four Year Four (after 3 consecutive years) of teaching with the district, teachers shall have earned nonprobationary non-probationary status. At its discretionIf a teacher resigns from the district at any point and is rehired at a later date, the Board may formally grant nonprobationary their probationary status to any teacher earlierwill start over. D. Nonprobationary 4. Non-probationary teachers may be terminated or nonrenewed dismissed from employment for just good cause, including ineffective performance, provided the procedural process is closely observed. While timelines are expected to be followed, extenuating circumstances may be considered for minor procedural errors. 5. If the proposed nonrenewal dismissal is to be based on ineffective poor job performance, the district evaluation procedure shall be followed. The nonprobationary non-probationary teacher will be informed that 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 developed, but the final decision on the plan rests with the principal. E. 6. If the termination or nonrenewal dismissal is based on other reasons, including disciplinary factors or reduction of in force, those separate procedures as outlined in the Agreement Agreement/BOE Policy shall be followed prior to the termination or nonrenewalfollowed. F. 7. If the nonprobationary non-probationary teacher is terminated or nonreneweddismissed from employment, he/she shall be notified in writing by certified mail prior to the statutory continuing contract date. The notification shall include the reasons for termination or nonrenewalthe dismissal. The teacher will have fourteen calendar days from the postmark/witnessed hand-delivery receipt of the letter to file a written request with the Board of Education Clerk for a hearinghearing with the Board. The meeting provided for under this section shall be held in executive session, and, at such meeting, the board shall specify the reason(s) for the intention to non-renew the contract. The licensed educator shall be afforded the opportunity to respond to the Board. Neither party shall have the right to have legal counsel present. The licensed educator and/or Board may be accompanied by a representative. This representative shall be limited to the Uniserv Director or a current district employee. G. 8. Within seven 14 calendar daysdays after the meeting, the parties Board shall meet reconsider its reason(s) for dismissal, and select shall make a mutually agreeable party final decision as to be the hearing officer. If that is not possible, the hearing officer shall be an arbitrator selected by alternately striking names from either the KSDE list or the AAA listmatter. H. During the hearing, the entire basis for the termination or nonrenewal shall be proffered by the district and the teacher may present his/her response9. If, in the opinion of the BOE, more time and/or information is needed for an appropriate decision, it shall be allowed. Otherwise, the hearing shall be closed at the end of the presentations. The recommendation by the hearing officer shall be rendered in writing to both parties within seven (7) calendar days of the conclusion of the hearing. The recommendation of the hearing officer shall be taken into consideration by the BOE. The final decision shall be rendered by the BOE in writing to the teacher within ten (10) calendar days of having received the recommendation of the hearing officer. I. It is the intention of the parties that the decision be rendered prior to August 1 and all reasonable efforts should shall be made to accomplish that goal. J. 10. If the teacher prevails, he/she is reinstated in full. If the BOE prevails, the job action is final. The decision is binding on both parties provided that either party may appeal a decision it believes arbitrary or capricious. K. The teacher shall pay for his/her expenses, including any witness and/or representation. All other expense of the hearing shall be paid by the district.

FAIR DISMISSAL OF TEACHERS. Changed 6-1-15 A. . The BOE Board and Association agree to the mutual benefit of the 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 continued quality professional performance. B. 2. If a teacher is terminated, he/she shall be afforded the rights to this procedure to appeal that decision. 3. For the first three years of professional employment with the district, teachers, teachers are considered probationary and may be nonrenewed non-renewed prior to the statutory deadline for any reason except as protected by Constitutional or other nondiscrimination protections. C. 4. Starting in year four Year Four of teaching with the district, teachers shall have earned nonprobationary non-probationary status. At its discretion, the Board may formally grant nonprobationary non-probationary status to any teacher earlier. D. Nonprobationary 5. Non-probationary teachers may be terminated or nonrenewed non-renewed for just cause, including ineffective performance, provided the procedural process is closely observed. While timelines are expected to be followed, extenuating circumstances may be considered for minor procedural errors. If the proposed nonrenewal is to be based on ineffective performance, the district evaluation procedure shall be followed. The nonprobationary non-probationary teacher will be informed his/her performance is substandard and the full evaluation process will be utilized, including a measurable plan of improvementassistance. The plan of improvement assistance shall be collaboratively developed but the final decision on the plan rests with the principal. E. 6. If the termination or nonrenewal is based on other reasons, including disciplinary factors or reduction of in force, those separate procedures as outlined in the Agreement shall be followed prior to the termination or nonrenewal. F. 7. If the nonprobationary non-probationary teacher is terminated or nonrenewednon-renewed, he/she shall be notified in writing by certified and regular mail prior to the statutory continuing contract date. The notification shall include the reasons for termination or the nonrenewal. The non-renewed teacher will have fourteen calendar days from the postmark/witnessed hand-delivery receipt of the letter to file a written request with the Board Clerk clerk for a hearing. G. 8. Within seven calendar days, the parties shall meet and select a mutually agreeable party to be the hearing officer. If that is not possible, the hearing officer shall be an arbitrator selected by alternately striking names from either the KSDE list or the AAA list. H. 9. During the hearing, the entire basis for the termination or nonrenewal shall be proffered by the district and the teacher may present his/her response. If, in the opinion of the BOEhearing officer, more time and/or information is needed for an appropriate decision, it shall be allowed. Otherwise, the hearing shall be closed at the end of the presentations. The recommendation decision by the hearing officer shall solely determine whether to sustain or reverse the nonrenewal and shall be rendered in writing to both parties within seven (7) calendar days of the conclusion of the hearing. The recommendation of the hearing officer shall be taken into consideration by the BOE. The final decision shall be rendered by the BOE in writing to the teacher within ten (10) calendar days of having received the recommendation of the hearing officerdays. I. 10. It is the intention of the parties that the decision be rendered prior to August 1 and all reasonable efforts should be made to accomplish that goal. J. 11. If the teacher prevails, he/she is reinstated in full. If the BOE Board prevails, the job action nonrenewal is final. The decision is binding on both parties provided that either party may appeal a decision it believes arbitrary or capricious. K. 12. The teacher shall pay for his/her expenses, including any witness witnesses and/or representation. All other expense expenses of the hearing shall be paid by the district. 13. Should the Board choose to discontinue Fair Dismissal Procedures, notification shall be given to the Professional Employees on or before August 15, one year prior to discontinuing the program.

FAIR DISMISSAL OF TEACHERS. Changed 6-1-15 A. . The BOE Board and Association agree to the mutual benefit of the 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 continued quality professional performance. B. 2. For the first three years of professional employment with the district, teachers, teachers are considered probationary and may be nonrenewed dismissed from employment prior to the statutory deadline for any reason except as protected by Constitutional or other nondiscrimination non-discrimination protections. Administrative notification of non-renewal should be conducted face-to-face whenever possible as a matter of professional respect. C. 3. Starting in year four Year Four of teaching with the district, teachers shall have earned nonprobationary non-probationary status. At its discretion, the Board may formally grant nonprobationary status to any teacher earlier. D. Nonprobationary 4. Non-probationary teachers may be terminated or nonrenewed dismissed from employment for just good cause, including ineffective performance, provided the procedural process is closely observed. While timelines are expected to be followed, extenuating circumstances may be considered for minor procedural errors. 5. If the proposed nonrenewal dismissal is to be based on ineffective poor job performance, the district evaluation procedure shall be followed. The nonprobationary non-probationary teacher will be informed that 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 developed, but the final decision on the plan rests with the principal. E. 6. If the termination or nonrenewal dismissal is based on other reasons, including disciplinary factors or reduction of in force, those separate procedures as outlined in the Agreement Agreement/BOE Policy shall be followed prior to the termination or nonrenewalfollowed. F. 7. If the nonprobationary non-probationary teacher is terminated or nonreneweddismissed from employment, he/she shall be notified in writing by certified mail prior to the statutory continuing contract date. The notification shall include the reasons for termination or nonrenewalthe dismissal. The teacher will have fourteen calendar days from the postmark/witnessed hand-delivery receipt of the letter to file a written request with the Board of Education Clerk for a hearinghearing with the Board. The meeting provided for under this section shall be held in executive session, and, at such meeting, the board shall specify the reason(s) for the intention to non-renew the contract. The licensed educator shall be afforded the opportunity to respond to the Board. Neither party shall have the right to have legal counsel present. The licensed educator and/or Board may be accompanied by a representative. This representative shall be limited to the Uniserv Director or a current district employee. G. 8. Within seven 14 calendar daysdays after the meeting, the parties Board shall meet reconsider its reason(s) for dismissal, and select shall make a mutually agreeable party final decision as to be the hearing officer. If that is not possible, the hearing officer shall be an arbitrator selected by alternately striking names from either the KSDE list or the AAA listmatter. H. During the hearing, the entire basis for the termination or nonrenewal shall be proffered by the district and the teacher may present his/her response9. If, in the opinion of the BOE, more time and/or information is needed for an appropriate decision, it shall be allowed. Otherwise, the hearing shall be closed at the end of the presentations. The recommendation by the hearing officer shall be rendered in writing to both parties within seven (7) calendar days of the conclusion of the hearing. The recommendation of the hearing officer shall be taken into consideration by the BOE. The final decision shall be rendered by the BOE in writing to the teacher within ten (10) calendar days of having received the recommendation of the hearing officer. I. It is the intention of the parties that the decision be rendered prior to August 1 and all reasonable efforts should shall be made to accomplish that goal. J. 10. If the teacher prevails, he/she is reinstated in full. If the BOE prevails, the job action is final. The decision is binding on both parties provided that either party may appeal a decision it believes arbitrary or capricious. K. The teacher shall pay for his/her expenses, including any witness and/or representation. All other expense of the hearing shall be paid by the district.

FAIR DISMISSAL OF TEACHERS. Changed 6-1-15 A. . The BOE Board and Association agree to the mutual benefit of the 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 continued quality professional performance. B. 2. If a teacher is terminated, he/she shall be afforded the rights to this procedure to appeal that decision. 3. For the first three years of professional employment with the district, teachers, teachers are considered probationary and may be nonrenewed non-renewed prior to the statutory deadline for any reason except as protected by Constitutional or other nondiscrimination protections. C. 4. Starting in year four Year Four of teaching with the district, teachers shall have earned nonprobationary non-probationary status. At its discretion, the Board may formally grant nonprobationary non-probationary status to any teacher earlier. D. Nonprobationary 5. Non-probationary teachers may be terminated or nonrenewed non-renewed for just cause, including ineffective performance, provided the procedural process is closely observed. While timelines are expected to be followed, extenuating circumstances may be considered for minor procedural errors. If the proposed nonrenewal is to be based on ineffective performance, the district evaluation procedure shall be followed. The nonprobationary 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. E. 6. If the termination or nonrenewal is based on other reasons, including disciplinary factors or reduction of in force, those separate procedures as outlined in the Agreement shall be followed prior to the termination or nonrenewal. F. 7. If the nonprobationary non-probationary teacher is terminated or nonrenewednon-renewed, he/she shall be notified in writing by certified and regular mail prior to the statutory continuing contract date. The notification shall include the reasons for termination or the nonrenewal. The non-renewed teacher will have fourteen calendar days from the postmark/witnessed hand-delivery receipt of the letter to file a written request with the Board Clerk clerk for a hearing. G. 8. Within seven calendar days, the parties shall meet and select a mutually agreeable party to be the hearing officer. If that is not possible, the hearing officer shall be an arbitrator selected by alternately striking names from either the KSDE list or the AAA list. H. 9. During the hearing, the entire basis for the termination or nonrenewal shall be proffered by the district and the teacher may present his/her response. If, in the opinion of the BOEhearing officer, more time and/or information is needed for an appropriate decision, it shall be allowed. Otherwise, the hearing shall be closed at the end of the presentations. The recommendation decision by the hearing officer shall solely determine whether to sustain or reverse the nonrenewal and shall be rendered in writing to both parties within seven (7) calendar days of the conclusion of the hearing. The recommendation of the hearing officer shall be taken into consideration by the BOE. The final decision shall be rendered by the BOE in writing to the teacher within ten (10) calendar days of having received the recommendation of the hearing officerdays. I. 10. It is the intention of the parties that the decision be rendered prior to August 1 and all reasonable efforts should be made to accomplish that goal. J. 11. If the teacher prevails, he/she is reinstated in full. If the BOE Board prevails, the job action nonrenewal is final. The decision is binding on both parties provided that either party may appeal a decision it believes arbitrary or capricious. K. 12. The teacher shall pay for his/her expenses, including any witness witnesses and/or representation. All other expense expenses of the hearing shall be paid by the district. 13. Should the Board choose to discontinue Fair Dismissal Procedures, notification shall be given to the Professional Employees on or before August 15, one year prior to discontinuing the program.

FAIR DISMISSAL OF TEACHERS. Changed 6-1-15 A. The BOE and Association agree to the mutual benefit of the Fair Dismissal procedure for experienced teachers. This provision balances the relative security earned through an extended and successful probationary period with employer expectations of continued quality professional performance. B. For the first three years of professional employment with the district, teachers, are considered probationary and may be nonrenewed prior to the statutory deadline for any reason except as protected by Constitutional or other nondiscrimination protections. C. Starting in year four of teaching with the district, teachers shall have earned nonprobationary status. At its discretion, the Board may formally grant nonprobationary status to any teacher earlier. D. Nonprobationary teachers may be terminated or nonrenewed for just cause, including ineffective performance, provided the procedural process is closely observed. While timelines are expected to be followed, extenuating circumstances may be considered for minor procedural errors. If the proposed nonrenewal is to be based on ineffective performance, the district evaluation procedure shall be followed. The nonprobationary 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. E. If the termination or nonrenewal is based on other reasons, including disciplinary factors or reduction of force, those separate procedures as outlined in the Agreement shall be followed prior to the termination or nonrenewal. F. If the nonprobationary teacher is terminated or nonrenewed, he/she shall be notified in writing prior to the statutory continuing contract date. The notification shall include the reasons for termination or nonrenewal. The teacher will have fourteen calendar days from the postmark/witnessed hand-delivery of the letter to file a written request with the Board Clerk for a hearing. G. Within seven calendar days, the parties shall meet and select a mutually agreeable party to be the hearing officer. If that is not possible, the hearing officer shall be an arbitrator selected by alternately striking names from either the KSDE list or the AAA list. H. During the hearing, the entire basis for the termination or nonrenewal shall be proffered by the district and the teacher may present his/her response. If, in the opinion of the BOE, more time and/or information is needed for an appropriate decision, it shall be allowed. Otherwise, the hearing shall be closed at the end of the presentations. The recommendation by the hearing officer shall be rendered in writing to both parties within seven (7) calendar days of the conclusion of the hearing. The recommendation of the hearing officer shall be taken into consideration by the BOE. The final decision shall be rendered by the BOE in writing to the teacher within ten (10) calendar days of having received the recommendation of the hearing officer. I. It is the intention of the parties that the decision be rendered prior to August 1 and all reasonable efforts should be made to accomplish that goal. J. X. If the teacher prevails, he/she is reinstated in full. If the BOE prevails, the job action is final. The decision is binding on both parties provided that either party may appeal a decision it believes arbitrary or capricious. K. The teacher shall pay for his/her expenses, including any witness and/or representation. All other expense of the hearing shall be paid by the district.

FAIR DISMISSAL OF TEACHERS. Changed 6-1-15 A. . The BOE Board and Association agree to the mutual benefit benefit of the 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 continued quality professional performance. B. 2. For the first first three years of professional employment with the district, teachers, teachers are considered probationary and may be nonrenewed dismissed from employment prior to the statutory deadline for any reason except as protected by Constitutional or other nondiscrimination non-discrimination protections. Administrative notification of non-renewal should be conducted face-to-face whenever possible as a matter of professional respect. C. 3. Starting in year four Year Four of teaching with the district, teachers shall have earned nonprobationary non-probationary status. At its discretion, the Board may formally grant nonprobationary status to any teacher earlier. D. Nonprobationary 4. Non-probationary teachers may be terminated or nonrenewed dismissed from employment for just good cause, including ineffective performance, provided the procedural process is closely observed. While timelines are expected to be followed, extenuating circumstances may be considered for minor procedural errors. 5. If the proposed nonrenewal dismissal is to be based on ineffective poor job performance, the district evaluation procedure shall be followed. The nonprobationary non-probationary teacher will be informed that 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 developed, but the final final decision on the plan rests with the principal. E. 6. If the termination or nonrenewal dismissal is based on other reasons, including disciplinary factors or reduction of in force, those separate procedures as outlined in the Agreement Agreement/BOE Policy shall be followed prior to the termination or nonrenewalfollowed. F. 7. If the nonprobationary non-probationary teacher is terminated or nonreneweddismissed from employment, he/she shall be notified in writing notified by certified mail prior to the statutory continuing contract date. The notification notification shall include the reasons for termination or nonrenewalthe dismissal. The teacher will have fourteen calendar days from the postmark/witnessed hand-delivery receipt of the letter to file file a written request with the Board of Education Clerk for a hearinghearing with the Board. The meeting provided for under this section shall be held in executive session, and, at such meeting, the board shall specify the reason(s) for the intention to non-renew the contract. The licensed educator shall be afforded the opportunity to respond to the Board. Neither party shall have the right to have legal counsel present. The licensed educator and/or Board may be accompanied by a representative. This representative shall be limited to the Uniserv Director or a current district employee. G. 8. Within seven 14 calendar daysdays aGer the meeting, the parties Board shall meet reconsider its reason(s) for dismissal, and select shall make a mutually agreeable party final decision as to be the hearing officer. If that is not possible, the hearing officer shall be an arbitrator selected by alternately striking names from either the KSDE list or the AAA listmatter. H. During the hearing, the entire basis for the termination or nonrenewal shall be proffered by the district and the teacher may present his/her response9. If, in the opinion of the BOE, more time and/or information is needed for an appropriate decision, it shall be allowed. Otherwise, the hearing shall be closed at the end of the presentations. The recommendation by the hearing officer shall be rendered in writing to both parties within seven (7) calendar days of the conclusion of the hearing. The recommendation of the hearing officer shall be taken into consideration by the BOE. The final decision shall be rendered by the BOE in writing to the teacher within ten (10) calendar days of having received the recommendation of the hearing officer. I. It is the intention of the parties that the decision be rendered prior to August 1 and all reasonable efforts should efforts shall be made to accomplish that goal. J. 10. If the teacher prevails, he/she is reinstated in full. If the BOE prevails, the job action is final. The decision is binding on both parties provided that either party may appeal a decision it believes arbitrary or capricious. K. The teacher shall pay for his/her expenses, including any witness and/or representation. All other expense of the hearing shall be paid by the district.

FAIR DISMISSAL OF TEACHERS. Changed 6-1-15 A. . The BOE Board and Association agree to the mutual benefit of the 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 continued quality professional performance. B. 2. If a teacher is terminated, he/she shall be afforded the rights to this procedure to appeal that decision. 3. For the first three years of professional employment with the districtInterlocal, teachers, teachers are considered probationary and may be nonrenewed non-renewed prior to the statutory deadline for any reason except as protected by Constitutional or other nondiscrimination protections. C. reason. Starting in year four Year Four of teaching with the districtinterlocal, teachers shall have earned nonprobationary non-probationary status. At its discretion, the Board may formally grant nonprobationary non-probationary status to any teacher earlier. D. Nonprobationary 4. Non-probationary teachers may be terminated or nonrenewed non-renewed for just good cause, including ineffective performance, provided the procedural process is closely observed. Good cause is defined as any reason put forward by the administration or school board in good faith and which is not arbitrary, irrational, unreasonable, or irrelevant of the school board's task of building up and maintaining an efficient school system. While timelines are expected to be followed, extenuating circumstances may be considered for or minor procedural errors. 5. If the proposed nonrenewal is to be based on ineffective performance, the district interlocal evaluation procedure shall be followed. The nonprobationary 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 principaladministration. E. 6. If the termination or nonrenewal non-renewal is based on other reasons, including disciplinary factors or reduction of in force, those separate procedures as outlined in the Agreement shall be followed prior to the termination or nonrenewal. F. 7. If the nonprobationary non-probationary teacher is terminated or nonrenewednon-renewed, he/she shall be notified in writing by certified mail prior to the statutory continuing contract date. The notification shall include the reasons for termination or the nonrenewal. The non-renewed teacher will have fourteen calendar days from the postmark/witnessed hand-delivery receipt of the letter to file a written request with the Board Clerk for a hearing. G. Within 8. If the teacher requests a hearing, within seven calendar days, days the parties shall meet and select a mutually agreeable party to be the hearing officer. If that is not possible, the hearing officer shall be an arbitrator selected by alternately striking names from either the KSDE list or the AAA list. H. 9. During the hearing, the entire basis for the termination or nonrenewal shall be proffered by the district interlocal and the teacher may present his/her response. If, in the opinion of the BOEhearing officer, more time and/or information is needed for an appropriate decision, it shall be allowed. Otherwise, the hearing shall be closed at the end of the presentations. The recommendation decision by the hearing officer shall solely determine whether to sustain or reverse the nonrenewal and shall be rendered in writing to both parties within seven (7) calendar days of the conclusion of the hearingdays. The recommendation of the hearing officer shall be taken into consideration by the BOE. The final decision shall be rendered by the BOE in writing to the teacher within ten (10) calendar days of having received the recommendation of the hearing officer. I. It is the intention of the parties that the decision be rendered prior to August 1 and all reasonable efforts should be made to accomplish that goal. J. . If the teacher prevails, he/she is reinstated in full. If the BOE Board prevails, the job action nonrenewal is final. The decision is binding on both parties provided that either party may appeal a decision it believes arbitrary or capricious. K. with no appeal. The teacher shall pay for his/her expenses, including any witness witnesses and/or representation. The cost of the hearing officer shall be borne equally by the Board and the teacher. All other expense expenses of the hearing shall be paid by the districtinterlocal. 10. SUNSET PROVISION -This provision shall be in effect for the 2020-2021 school year. and will not be included in subsequent agreements unless expressly agreed to.

FAIR DISMISSAL OF TEACHERS. Changed 6-1-15 A. The BOE Board and Association agree to the mutual benefit of the 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 continued quality professional performance. B. For the first three five years of professional employment with the district, teachers, teachers are considered probationary and may be nonrenewed prior to the statutory deadline for any reason except as protected by Constitutional or other nondiscrimination protections. C. Starting in year four Year six of teaching with the district, teachers shall have earned nonprobationary status. At its discretion, the Board may formally grant nonprobationary status to any teacher earlier. The teacher may make a formal request with rationale including artifacts to the Board for consideration. D. Nonprobationary teachers may be terminated or nonrenewed for just cause, including ineffective performance, provided the procedural process is closely observed. While timelines are expected to be followed, extenuating circumstances may be considered for minor procedural errors. If the proposed nonrenewal is to be based on ineffective performance, the district evaluation procedure shall be followed. The nonprobationary 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. E. If the termination nonrenewal, or nonrenewal termination, is based on other reasons, including disciplinary factors or reduction of in force, those separate procedures as outlined in the Agreement shall be followed prior to the termination or nonrenewal. F. If the nonprobationary teacher is terminated or nonrenewed, he/she shall be notified in writing prior to the statutory continuing contract date. The If the nonprobationary teacher is nonrenewed, or terminated, the notification shall include the reasons for termination the nonrenewal, or nonrenewaltermination. The nonrenewed or terminated teacher will have fourteen calendar days from the postmark/witnessed hand-delivery of the letter to file a written request with the Board Clerk clerk for a hearing. G. Within seven calendar days, the parties shall meet and select a mutually agreeable party to be the hearing officer. If that is not possible, the hearing officer shall be an arbitrator selected by alternately striking names from either the KSDE list or the AAA list. H. During the hearing, the entire basis for the nonrenewal or termination or nonrenewal shall be proffered by the district and the teacher may present his/her response. If, in the opinion of the BOEhearing officer, more time and/or information is needed for an appropriate decision, it shall be allowed. Otherwise, the hearing shall be closed at the end of the presentations. The recommendation by the hearing officer shall be the final determination as whether to sustain or reverse the nonrenewal, or termination and shall be rendered in writing to both parties within seven (7) calendar days of the conclusion of the hearing. The recommendation of the hearing officer shall be taken into consideration by the BOE. The final decision shall be rendered by the BOE in writing to the teacher within ten (10) calendar days of having received the recommendation of the hearing officerdays. I. It is the intention of the parties that the decision be rendered prior to August 1 and all reasonable efforts should be made to accomplish that goal. J. If the teacher prevails, he/she is reinstated in full. If the BOE prevailsteacher does not prevail, the job action nonrenewal or termination is final. The decision is binding on both parties provided that either party may appeal a decision it believes arbitrary or capricious. The teacher agrees to release liability to the Board of Education, Superintendent, Principal, and USD#436 that results from the hearing officers decision. K. The teacher shall pay for his/her expenses, including the hearing officer, any witness witnesses and/or representation. All other expense expenses of the hearing shall be paid by the district.

FAIR DISMISSAL OF TEACHERS. Changed 6-1-15 A. . The BOE Board and Association agree to the mutual benefit benefit of the 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 continued quality professional performance. B. 2. For the first first three years of professional employment with the district, teachers, teachers are considered probationary and may be nonrenewed dismissed from employment prior to the statutory deadline for any reason except as protected by Constitutional or other nondiscrimination non-discrimination protections. C. 3. Starting in year four Year Four of teaching with the district, teachers shall have earned nonprobationary non-probationary status. At its discretion, the Board may formally grant nonprobationary status to any teacher earlier. D. Nonprobationary 4. Non-probationary teachers may be terminated or nonrenewed dismissed from employment for just good cause, including ineffective performance, provided the procedural process is closely observed. While timelines are expected to be followed, extenuating circumstances may be considered for minor procedural errors. 5. If the proposed nonrenewal dismissal is to be based on ineffective poor job performance, the district evaluation procedure shall be followed. The nonprobationary non-probationary teacher will be informed that 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 developed, but the final final decision on the plan rests with the principal. E. 6. If the termination or nonrenewal dismissal is based on other reasons, including disciplinary factors or reduction of in force, those separate procedures as outlined in the Agreement Agreement/BOE Policy shall be followed prior to the termination or nonrenewalfollowed. F. 7. If the nonprobationary non-probationary teacher is terminated or nonreneweddismissed from employment, he/she shall be notified in writing notified by certified mail prior to the statutory continuing contract date. The notification notification shall include the reasons for termination or nonrenewalthe dismissal. The teacher will have fourteen calendar days from the postmark/witnessed hand-delivery receipt of the letter to file file a written request with the Board of Education Clerk for a hearinghearing with the Board. The meeting provided for under this section shall be held in executive session, and, at such meeting, the board shall specify the reason(s) for the intention to non-renew the contract. The licensed educator shall be afforded the opportunity to respond to the Board. Neither party shall have the right to have legal counsel present. The licensed educator and/or Board may be accompanied by a representative. This representative shall be limited to the Uniserv Director or a current district employee. G. 8. Within seven 14 calendar daysdays aGer the meeting, the parties Board shall meet reconsider its reason(s) for dismissal, and select shall make a mutually agreeable party final decision as to be the hearing officer. If that is not possible, the hearing officer shall be an arbitrator selected by alternately striking names from either the KSDE list or the AAA listmatter. H. During the hearing, the entire basis for the termination or nonrenewal shall be proffered by the district and the teacher may present his/her response9. If, in the opinion of the BOE, more time and/or information is needed for an appropriate decision, it shall be allowed. Otherwise, the hearing shall be closed at the end of the presentations. The recommendation by the hearing officer shall be rendered in writing to both parties within seven (7) calendar days of the conclusion of the hearing. The recommendation of the hearing officer shall be taken into consideration by the BOE. The final decision shall be rendered by the BOE in writing to the teacher within ten (10) calendar days of having received the recommendation of the hearing officer. I. It is the intention of the parties that the decision be rendered prior to August 1 and all reasonable efforts should efforts shall be made to accomplish that goal. J. 10. If the teacher prevails, he/she is reinstated in full. If the BOE prevails, the job action is final. The decision is binding on both parties provided that either party may appeal a decision it believes arbitrary or capricious. K. The teacher shall pay for his/her expenses, including any witness and/or representation. All other expense of the hearing shall be paid by the district.

FAIR DISMISSAL OF TEACHERS. Changed 6-1-15 A. The BOE Board and Association agree to the mutual benefit of the 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 continued quality professional performance. B. A. For the first three years of professional employment with the district, teachers, teachers are considered probationary and may be nonrenewed non‐renewed prior to the statutory deadline for any reason except as protected by Constitutional or other nondiscrimination protections. C. B. Starting in year four of teaching with the district, teachers shall have earned nonprobationary non‐probationary status. At its discretion, the Board of Education may formally grant nonprobationary non‐probationary status to any teacher earlier. D. Nonprobationary C. Non‐probationary teachers may be terminated or nonrenewed non‐renewed for just good cause, including ineffective performanceany ground which is put forward by the school board in good faith and which is not arbitrary, provided irrational, unreasonable, or irrelevant to the procedural process is closely observed. While timelines are expected to be followed, extenuating circumstances may be considered for minor procedural errors. school board’s task of building up and maintaining an efficient school system. D. If the proposed nonrenewal is to be based on ineffective poor job performance, the district evaluation procedure shall be followed. The nonprobationary 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 building principal. E. If the termination or nonrenewal is based on other reasons, including disciplinary factors or reduction of in force, those separate procedures as outlined in the Agreement shall be followed prior to the termination or nonrenewalfollowed. F. If the nonprobationary non‐probationary teacher is terminated or nonrenewednon‐renewed, he/she shall be notified in writing by mail or hand delivery prior to the statutory continuing contract date. The notification shall include the reasons for termination or the nonrenewal. The non‐renewed teacher will have fourteen calendar days from the postmark/witnessed hand-delivery receipt of the letter to file a written request with the Board Clerk for a closed hearing. G. Within seven calendar days, the parties shall meet and select a mutually agreeable party to be the hearing officer. If that is not possible, the hearing officer office shall be an arbitrator selected by alternately striking names from either a list provided by the KSDE list or Commissioner of the AAA listKansas Department of Education. H. During the hearing, the entire basis for the termination or nonrenewal shall be proffered by the district and the district. The teacher may challenge the district’s evidence and present evidence in his/her responseown behalf. If, in the opinion of the BOEhearing officer, more time and/or information is needed for an appropriate decision, it shall be allowed. Otherwise, the hearing shall be closed at the end of the presentations. The recommendation decision by the hearing officer shall determine whether to sustain or reverse the nonrenewal and reinstatement of any lost pay, and shall be rendered in writing to both parties within seven (7) calendar days of the conclusion of the hearing. The recommendation of the hearing officer shall be taken into consideration by the BOE. The final decision shall be rendered by the BOE in writing to the teacher within ten (10) calendar days of having received the recommendation of the hearing officerdays. I. It is the intention of the parties that the decision be rendered prior to August 1 and all reasonable efforts should be made to accomplish that goal. J. X. If the teacher prevails, he/she is reinstated in full. If the BOE Board of Education prevails, the job action nonrenewal is final. The decision is binding on both parties provided that either party may appeal a decision it believes arbitrary or capriciousparties. K. The teacher shall pay for his/her expenses, including any witness witnesses and/or representation. All other expense The district and the teacher shall split the cost of the hearing shall be paid by officer and the districtcourt reporter.

FAIR DISMISSAL OF TEACHERS. Changed 6-1-15 A. 15 The BOE and Association agree to the mutual benefit of the Fair Dismissal procedure for experienced teachers. This provision balances the relative security earned through an extended and successful probationary period with employer expectations of continued quality professional performance. B. . For the first three years of professional employment with the district, teachers, are considered probationary and may be nonrenewed prior to the statutory deadline for any reason except as protected by Constitutional or other nondiscrimination protections. C. . Starting in year four of teaching with the district, teachers shall have earned nonprobationary status. At its discretion, the Board may formally grant nonprobationary status to any teacher earlier. D. . Nonprobationary teachers may be terminated or nonrenewed for just cause, including ineffective performance, provided the procedural process is closely observed. While timelines are expected to be followed, extenuating circumstances may be considered for minor procedural errors. If the proposed nonrenewal is to be based on ineffective performance, the district evaluation procedure shall be followed. The nonprobationary 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. E. . If the termination or nonrenewal is based on other reasons, including disciplinary factors or reduction of force, those separate procedures as outlined in the Agreement shall be followed prior to the termination or nonrenewal. F. . If the nonprobationary teacher is terminated or nonrenewed, he/she shall be notified in writing prior to the statutory continuing contract date. The notification shall include the reasons for termination or nonrenewal. The teacher will have fourteen calendar days from the postmark/witnessed hand-delivery of the letter to file a written request with the Board Clerk for a hearing. G. . Within seven calendar days, the parties shall meet and select a mutually agreeable party to be the hearing officer. If that is not possible, the hearing officer shall be an arbitrator selected by alternately striking names from either the KSDE list or the AAA list. H. . During the hearing, the entire basis for the termination or nonrenewal shall be proffered by the district and the teacher may present his/her response. If, in the opinion of the BOE, more time and/or information is needed for an appropriate decision, it shall be allowed. Otherwise, the hearing shall be closed at the end of the presentations. The recommendation by the hearing officer shall be rendered in writing to both parties within seven (7) calendar days of the conclusion of the hearing. The recommendation of the hearing officer shall be taken into consideration by the BOE. The final decision shall be rendered by the BOE in writing to the teacher within ten (10) calendar days of having received the recommendation of the hearing officer. I. . It is the intention of the parties that the decision be rendered prior to August 1 and all reasonable efforts should be made to accomplish that goal. J. . If the teacher prevails, he/she is reinstated in full. If the BOE prevails, the job action is final. The decision is binding on both parties provided that either party may appeal a decision it believes arbitrary or capricious. K. . The teacher shall pay for his/her expenses, including any witness and/or representation. All other expense of the hearing shall be paid by the district.

FAIR DISMISSAL OF TEACHERS. Changed 6-1-15 A. The BOE Board and Association agree to the mutual benefit of the 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 continued quality professional performance. B. For the first three five years of professional employment with the district, teachers, teachers are considered probationary and may be nonrenewed prior to the statutory deadline for any reason except as protected by Constitutional or other nondiscrimination protections. C. Starting in year four Year six of teaching with the district, teachers shall have earned nonprobationary status. At its discretion, the Board may formally grant nonprobationary status to any teacher earlier. The teacher may make a formal request with rationale including artifacts to the Board for consideration. D. Nonprobationary teachers may be terminated or nonrenewed for just cause, including ineffective performance, provided the procedural process is closely observed. While timelines are expected to be followed, extenuating circumstances may be considered for minor procedural errors. If the proposed nonrenewal is to be based on ineffective performance, the district evaluation procedure shall be followed. The nonprobationary 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. E. If the termination nonrenewal, or nonrenewal termination, is based on other reasons, including disciplinary factors or reduction of in force, those separate procedures as outlined in the Agreement shall be followed prior to the termination or nonrenewal. F. If the nonprobationary teacher is terminated or nonrenewed, he/she shall be notified in writing prior to the statutory continuing contract date. The If the nonprobationary teacher is nonrenewed, or terminated, the notification shall include the reasons for termination the nonrenewal, or nonrenewaltermination. The nonrenewed or terminated teacher will have fourteen calendar days from the postmark/witnessed hand-delivery of the letter to file a written request with the Board Clerk clerk for a hearing. G. Within seven calendar days, the parties shall meet and select a mutually agreeable party to be the hearing officer. If that is not possible, the hearing officer shall be an arbitrator selected by alternately striking names from either the KSDE list or the AAA list. H. During the hearing, the entire basis for the nonrenewal or termination or nonrenewal shall be proffered by the district and the teacher may present his/her response. If, in the opinion of the BOEhearing officer, more time and/or information is needed for an appropriate decision, it shall be allowed. Otherwise, the hearing shall be closed at the end of the presentations. The recommendation by the hearing officer shall be the final determination as whether to sustain or reverse the nonrenewal, or termination and shall be rendered in writing to both parties within seven (7) calendar days of the conclusion of the hearing. The recommendation of the hearing officer shall be taken into consideration by the BOE. The final decision shall be rendered by the BOE in writing to the teacher within ten (10) calendar days of having received the recommendation of the hearing officerdays. I. It is the intention of the parties that the decision be rendered prior to August 1 and all reasonable efforts should be made to accomplish that goal. J. X. If the teacher prevails, he/she is reinstated in full. If the BOE prevailsteacher does not prevail, the job action nonrenewal or termination is final. The decision is binding on both parties provided that either party may appeal a decision it believes arbitrary or capricious. The teacher agrees to release liability to the Board of Education, Superintendent, Principal, and USD#436 that results from the hearing officers decision. K. The teacher shall pay for his/her expenses, including the hearing officer, any witness witnesses and/or representation. All other expense expenses of the hearing shall be paid by the district.

FAIR DISMISSAL OF TEACHERS. Changed 6added 9-12-15 A. 14 The BOE and Association agree to the mutual benefit of the Fair Dismissal procedure for experienced teachers. This provision balances the relative security earned through an extended and successful probationary period with employer expectations of continued quality professional performance. B. . For the first three years of professional employment with the district, teachers, are considered probationary and may be nonrenewed prior to the statutory deadline for any reason except as protected by Constitutional or other nondiscrimination protections. C. . Starting in year four of teaching with the district, teachers shall have earned nonprobationary status. At its discretion, the Board may formally grant nonprobationary status to any teacher earlier. D. . Nonprobationary teachers may be terminated or nonrenewed for just cause, including ineffective performance, provided the procedural process is closely observed. While timelines are expected to be followed, extenuating circumstances may be considered for minor procedural errors. If the proposed nonrenewal is to be based on ineffective performance, the district evaluation procedure shall be followed. The nonprobationary 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. E. . If the termination or nonrenewal is based on other reasons, including disciplinary factors or reduction of force, those separate procedures as outlined in the Agreement shall be followed prior to the termination or nonrenewal. F. . If the nonprobationary teacher is terminated or nonrenewed, he/she shall be notified in writing prior to the statutory continuing contract date. The notification shall include the reasons for termination or nonrenewal. The teacher will have fourteen calendar days from the postmark/witnessed hand-delivery of the letter to file a written request with the Board Clerk for a hearing. G. . Within seven calendar days, the parties shall meet and select a mutually agreeable party to be the hearing officer. If that is not possible, the hearing officer shall be an arbitrator selected by alternately striking names from either the KSDE list or the AAA list. H. . During the hearing, the entire basis for the termination or nonrenewal shall be proffered by the district and the teacher may present his/her response. If, in the opinion of the BOEhearing officer, more time and/or information is needed for an appropriate decision, it shall be allowed. Otherwise, the hearing shall be closed at the end of the presentations. The recommendation decision by the hearing officer shall solely determine whether to sustain or reverse the termination/nonrenewal and shall be rendered in writing to both parties within seven (7) calendar days of the conclusion of the hearingdays. The recommendation of the hearing officer shall be taken into consideration by the BOE. The final decision shall be rendered by the BOE in writing to the teacher within ten (10) calendar days of having received the recommendation of the hearing officer. I. It is the intention of the parties that the decision be rendered prior to August 1 and all reasonable efforts should be made to accomplish that goal. J. . If the teacher prevails, he/she is reinstated in full. If the BOE prevails, the job action is final. The decision is binding on both parties provided that either party may appeal a decision it believes arbitrary or capricious. K. . The teacher shall pay for his/her expenses, including any witness and/or representation. All other expense of the hearing shall be paid by the district. SUNSET PROVISION – This provision shall be effect for the 2014-2015 school year and will not be included in subsequent agreement sunless expressly agreed to.

FAIR DISMISSAL OF TEACHERS. Changed 6-1-15 A. The BOE Board and Association agree to the mutual benefit of the 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 continued quality professional performance. B. . If a teacher is terminated, he/she shall be afforded the rights to this procedure to appeal that decision. For the first three (3) years of professional employment with the districtDistrict, teachers, teachers are considered probationary and may be nonrenewed non-renewed prior to the statutory deadline for any reason except as protected by Constitutional or other nondiscrimination protections. C. reason. Starting in year four (4) of teaching with the districtDistrict, teachers shall have earned nonprobationary non-probationary status. At its discretion, the Board may formally grant nonprobationary non-probationary status to any teacher earlier. D. Nonprobationary . Non-probationary teachers may be terminated or nonrenewed non-renewed for just good cause, including ineffective performance, provided the procedural process is closely observed. Good cause is defined as any reason put forward by the administration or Board in good faith and which is not arbitrary, irrational, or irrelevant to the Board’s task of building up and maintaining an efficient school system, which includes persistent unsatisfactory performance. While timelines are expected to be followed, extenuating circumstances may be considered for minor procedural errors. If the proposed nonrenewal non-renewal is to be based on ineffective performance, the district District evaluation procedure shall be followed. The nonprobationary 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. E. If the termination or nonrenewal non-renewal is based on other reasons, including disciplinary factors or reduction of in force, those separate procedures as outlined in the Agreement shall be followed prior to the termination or nonrenewal. F. non-renewal. If the nonprobationary non-probationary teacher is terminated or nonrenewednon-renewed, he/she shall be notified in writing prior to the statutory continuing contract date. The notification shall include the reasons for termination or nonrenewalthe non-renewal. The non- renewed teacher will have fourteen (14) calendar days from the postmark/witnessed hand-hand delivery of the letter to file a written request with the Board Clerk for a hearing. G. Within . If the teacher requests a hearing, within seven (7) calendar days, days the parties shall meet and select a mutually agreeable party to be the hearing officer. If that is not possible, the hearing officer shall be an arbitrator selected by alternately striking names from either the KSDE list or the AAA list. H. During the hearing, the entire basis for the termination or nonrenewal non-renewal shall be proffered by the district District and the teacher may present his/her response. If, in the opinion of the BOEhearing officer, more time and/or information is needed for an appropriate decision, it shall be allowed. Otherwise, the hearing shall be closed at the end of the presentations. The recommendation decision by the hearing officer shall solely determine whether to sustain or reverse the non-renewal and shall be rendered in writing to both parties within seven (7) calendar days of the conclusion of the hearingdays. The recommendation of the hearing officer shall be taken into consideration by the BOE. The final decision shall be rendered by the BOE in writing to the teacher within ten (10) calendar days of having received the recommendation of the hearing officer. I. It is the intention of the parties that the decision be is rendered prior to August 1 and all reasonable efforts should be made to accomplish that goal. J. If the teacher prevails, he/she is reinstated in full. If the BOE prevails, the job action is final. The decision is binding on both parties provided that either party may appeal a decision it believes arbitrary or capricious. K. The teacher shall pay for his/her expenses, including any witness witnesses and/or representation. The cost of the hearing officer shall be borne equally by the Board and the teacher. All other expense expenses of the hearing shall be paid by the districtDistrict. SUNSET PROVISION – This provision shall be in effect until the conclusion of the 2023-2024 school year and will not be included in subsequent agreements unless expressly agreed upon by the Board of Education and Independence National Education Association.