Common use of FAIR DISMISSAL Clause in Contracts

FAIR DISMISSAL. 1. The Board and Association 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 continued quality professional performance. 2. For the first three 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 nondiscrimination protections. 3. Starting in Year Four 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 school board’s task of building up and maintaining an efficient school system. 5. If the proposed nonrenewal is to be based on poor job performance, the district 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 nonrenewal 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 in writing by the principal or superintendent or by certified mail prior to the statutory continuing contract date. The notification shall include the reasons for the nonrenewal. The non-renewed teacher will have fourteen calendar days from the receipt of the letter to file a written request to the Board clerk for a hearing. Any evidence used to support the board’s non-renewal decision which the board will use at a hearing shall be provided to the teacher within seven calendar days from receipt of the request for a hearing. 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. 9. During the hearing, the entire basis for the nonrenewal shall be proffered by the district. The teacher may challenge the district’s evidence and present evidence in his/her own behalf. If, in the opinion of the hearing 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 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 calendar days. 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. 11. If the teacher prevails, he/she is reinstated in full. If the Board prevails, the nonrenewal is final. The decision is binding on both parties with no appeal. 12. 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.

FAIR DISMISSAL. 1. A. The Board and Association agree to the mutual benefit of a Fair Dismissal procedure procedures for experienced teachersprofessional employees. This provision balances the relative security earned through an extended and successful probationary period with employer expectations of continued quality professional probationary performance. 2. B. For the first three years of professional employment with the district, teachers professional employees are considered probationary and may be non-renewed prior to the statutory deadline for any reason except as protected by Constitutional or other nondiscrimination protectionsreason. 3. C. Starting in Year Four year four of teaching with the district, teachers professional employees shall have earned non-probationary status. At its discretion, the Board may formally grant non-probationary nonprobationary status to any teacher professional employee earlier. 4. Non-probationary teachers D. Nonprobationary professional employees may be non-renewed nonrenewed for good Just cause, including . Just cause is defined as any ground which is reason put forward by the school administration or board in good faith and which is not arbitrary, irrational, unreasonable, or irrelevant to the school board’s task of building up and maintaining an efficient school system. 5. E. If the proposed nonrenewal is to be based on poor job ineffective performance, the district evaluation procedure shall be followed. The While timelines are expected to be followed, extenuating circumstances may be considered for minor procedural errors. F. If 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 nonrenewal renewal is based on other reasons, including disciplinary factors or reduction in force, those separate procedures as outlined in the Agreement shall be followedfollowed prior to the termination or non-renewal. 7. G. If the non-non probationary teacher professional employee is non-non renewed, he/she shall be notified in writing by the principal or superintendent or by certified mail prior to the statutory continuing contract date. The notification shall include the reasons for the nonrenewal. The non-non renewed teacher professional employee will have fourteen calendar days from the receipt postmark/hand delivery of the letter to file a written request to with the Board clerk for a hearing. Any evidence used to support the board’s non-renewal decision which the board will use at a hearing shall be provided to the teacher within seven calendar days from receipt of the request Clerk for a hearing. 8. Within H. If the teacher requests a hearing 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 listoffice. 9. I. During the hearing, the entire basis for the nonrenewal shall be proffered by the district. The teacher district and the professional employee may challenge the district’s evidence and present evidence in his/her own behalfresponse. If, in the opinion of the hearing 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 decision by the hearing officer office shall solely 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 calendar days. 10. J. It is the intention of the parties that the decision be rendered prior to August July 1 and all reasonable efforts should be made to accomplish that goal. 11. If the teacher prevails, he/she is reinstated in full. If the Board prevails, the nonrenewal is final. K. The decision is binding on both parties with no appeal. 12. The teacher professional employee shall pay for his/her expenses, including any witnesses and/or representation. The cost of the hearing officer shall be borne equally by the board and the professional employee. All other expenses of the hearing shall be paid by the district. L. If a non probationary professional employee is terminated, he/she shall be afforded the rights to this procedure to appeal that decision.

FAIR DISMISSAL. 1. A. The Board and Association agree to the mutual benefit of a Fair Dismissal procedure procedures for experienced teachers. This provision balances the relative security earned through an extended and successful probationary period with employer expectations of continued quality professional probationary performance. 2. B. For the first three 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 nondiscrimination protectionsreason. 3. C. Starting in Year Four year four of teaching with the district, teachers shall have earned non-probationary status. At its discretion, the Board may formally grant non-probationary nonprobationary status to any teacher earlier. 4. Non-probationary D. Nonprobationary teachers may be non-renewed nonrenewed for good cause, including ineffective performance, provided the procedural process is closely observed. Good cause is defined as any ground which is reason put forward by the school administration or board in good faith and which is not arbitrary, irrational, unreasonable, or irrelevant to the school board’s task of building up and maintaining an efficient school system. 5, 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 is to be based on poor job ineffective performance, the district evaluation procedure shall be followed. The . E. If 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 nonrenewal renewal is based on other reasons, including disciplinary factors or reduction in force, those separate procedures as outlined in the Agreement shall be followedfollowed prior to the termination or non-renewal. 7. F. If the non-probationary nonprobationary teacher is non-renewed, he/she shall be notified in writing by the principal or superintendent or by certified mail prior to the statutory continuing contract date. The notification shall include the reasons for the nonrenewal. The non-renewed nonrenewed teacher will have fourteen calendar days from the receipt postmark/hand delivery of the letter to file a written request to with the Board clerk for a hearing. Any evidence used to support the board’s non-renewal decision which the board will use at a hearing shall be provided to the teacher within seven calendar days from receipt of the request Clerk for a hearing. 8. Within G. If the teacher requests a hearing 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 listoffice. 9. H. During the hearing, the entire basis for the nonrenewal shall be proffered by the district. The district and the teacher may challenge the district’s evidence and present evidence in his/her own behalfresponse. If, in the opinion of the hearing 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 decision by the hearing officer office shall solely 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 calendar days. 10. 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. 11. If the teacher prevails, he/she is reinstated in full. If the Board prevails, the nonrenewal is final. The decision is binding on both parties with no appeal. 12. J. The teacher shall pay for his/her expenses, including any witnesses and/or representation. The cost of the hearing officer shall be borne equally by the board and the teacher. All other expenses of the hearing shall be paid by the district. K. If a nonprobationary teacher is terminated, he/she shall be afforded the rights to this procedure to appeal that decision. SUNSET PROVISION – This provision shall be in effect for the 2020-21 school year only.

FAIR DISMISSAL. 1. The Board and Association 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 continued quality professional performance. 2. For the first three 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 nondiscrimination protections. 3. Starting in Year Four of teaching with the district, teachers shall have earned non-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 school board’s task of building up and maintaining an efficient school system. 5. If the proposed nonrenewal is to be based on poor job performance, the district 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 nonrenewal 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 in writing by the principal or superintendent or by certified mail prior to the statutory continuing contract date. The notification shall include the reasons for the nonrenewal. The non-renewed teacher will have fourteen calendar days from the receipt of the letter to file a written request to the Board clerk for a hearing. Any evidence used to support the board’s non-renewal decision which the board will use at a hearing shall be provided to the teacher within seven calendar days from receipt of the request for a hearing. 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. 9. During the hearing, the entire basis for the nonrenewal shall be proffered by the district. The teacher may challenge the district’s evidence and present evidence in his/her own behalf. If, in the opinion of the hearing 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 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 calendar days. 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. 11. If the teacher prevails, he/she is reinstated in full. If the Board prevails, the nonrenewal is final. The decision is binding on both parties with no appeal. 12. 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.

FAIR DISMISSAL. 1. A. The Board and Association 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 continued quality professional performance. 2. B. For the first three 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 nondiscrimination protections. 3. C. Starting in Year Four of teaching with the district, teachers shall have earned non-non- probationary status. At its discretion, the Board may formally grant non-probationary status to any teacher earlier. 4. D. 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 school board’s task of building up and maintaining an efficient school system. 5. E. If the proposed nonrenewal is to be based on poor job performance, the district 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 principaladministration. 6. F. If the nonrenewal is based on other reasons, including disciplinary factors or reduction in force, those separate procedures as outlined in the Agreement shall be followed. 7. G. If the non-probationary teacher is non-renewed, he/she shall be notified in writing by from the principal or superintendent or by certified mail clerk of the board prior to the statutory continuing contract date. The notification shall include the reasons for the nonrenewal. The non-renewed teacher will have fourteen calendar days from the receipt of the letter to file a written request to the Board clerk for a hearing. Any evidence used The decision as to support whether the board’s non-renewal decision which the board will use at a hearing shall be provided to open or closed will be at the teacher within seven calendar days from receipt discretion of the request for a hearingteacher. 8. X. 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. 9. I. During the hearing, the entire basis for the nonrenewal shall be proffered by the district. The teacher may challenge the district’s evidence and present evidence in his/her own behalf. If, in the opinion of the hearing 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 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 calendar days. 10. J. 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. 11. X. If the teacher prevails, he/she is reinstated in full. If the Board prevails, the nonrenewal is final. The decision is binding on both parties with no subject to appeal. Financial responsibilities for appeal are outlined in Item 12. 12. L. The teacher shall pay for his/her expenses, including any witnesses and/or representation. All other The board shall pay for their expenses, including any witnesses and/or representation. Arbitrator expenses will be shared by all parties. In the case of an appeal, the hearing shall be paid by the districtappellant pays arbitrator expenses.