Policy 5254 - Severance of Employment

The superintendent has the statutory authority to issue probable cause for termination to a certifi-cated staff member. The board shall consider the termination of a classified staff member based upon the recommendation of the superintendent. The notice of termination shall include notice of any appeal rights the employee may have and notice of the appeal processes. 

A. Release from Contract 

A certificated staff member may be released from contract under the following conditions: 

1. A letter requesting release shall be submitted to the superintendent's office. If accepted by the board at its next meeting, the staff member shall be released from contract. 
2. A release from contract may be granted by the board to allow a staff member to accept another position prior to or during the school year provided a satisfactory replacement can be obtained. 
3. A release from contract may be granted by the board in case of illness or other personal matters which make it a substantial hardship for the staff member to continue his/her em-ployment in the district. 
4. Each request shall be determined upon its own merits. The needs of the district and con-tinuity of the educational program offered to students shall receive primary consideration in the board's decision. 

B. Resignation 

In order to permit proper staff planning and to minimize inconvenience to others who may be affected, certificated staff members who plan to resign at the end of their contract period are requested to notify the superintendent of their resignation or retirement by April 1. 

Those staff members who are not contractually obligated to complete the current school year should notify the superintendent as early as possible of their intent to resign and no less than 30 days prior to their last working day. 

C. Retirement 

Staff members shall participate in the retirement programs under the Federal Social Security Act and the Washington State Teachers' Retirement System or the Public Employees' Re-tirement System. Payroll deductions shall be made and paid into the respective retirement programs in the manner prescribed by law. 

Staff members who become eligible to retire under the controlling retirement system and who intend to retire at the end of the current school year should notify the superintendent pri-or to April 1st of that year. 

Those staff members intending to retire who are not contractually obligated to complete the current school year should notify the superintendent as early as possible and no less than 30 days prior to their retirement date. Because of their contribution to the children of the dis-trict, retiring staff may be given appropriate recognition. The district office may assist them in making arrangements for their retirement benefits. 

D. Probation, Non-renewal or Termination 

The employment contracts of individual certificated staff may be non-renewed at the end of the staff member's contract period by action of the superintendent. Such non-renewals may be based upon unsatisfactory performance or changes in the district's financial circumstances and/or staffing needs. Except for "provisional employees," non-renewals for unsatisfactory performance shall be preceded by a probationary period. 

The superintendent shall establish procedures to assist those certificated staff whose perfor-mance, through the evaluation process, does not meet minimum requirements. The district may require the teacher to take in-service training provided by the district in the area of teaching skills needing improvement. 

Classified staff members are granted provisional status during the first 90 days of employ-ment. During that period of time, they are subject to termination without advance notice. Upon satisfactory completion of 90 days of consecutive service, a staff member may be granted regular status. Regular status classified staff are employed on a month-to-month ba-sis and shall be provided at least 10 days notice before discharge for non-disciplinary rea-sons. Such staff member shall be entitled to an informal pre-termination meeting with the superintendent prior to any action taken by the board of directors. 

E. Program and Staff Reductions 

Program and staff reductions may be required as a direct result of enrollment decline, failure of a special levy election or other events resulting in a significant reduction in revenue; or termination or reduction of funding of categorically-funded projects. The board shall, after a review of such indicators as test results, community surveys, informal and formal statements of support and/or opinion, identify those educational programs and services which shall be reduced, modified or eliminated. 

When the reduction, modification or elimination of programs and/or services necessitates a reduction in staff, the board shall retain staff members based upon service in the state of Washington and qualifications and experience necessary for the retained position. 

Legal References:

Adoption:

(Formerly #4119.2)