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4033 - Rights of Permanent Certificated Employees

4033

Rights of Permanent Certificated Employees

School district administrators and the board of education shall comply with the requirements of due process in considering the cancellation, amendment or termination of a permanent certificated employee's contract of employment.  After compliance with such requirements, the board may cancel, amend or terminate such a contract for just cause as provided in statute, contract or board policy. 

 

The superintendent of schools may, at his or her discretion, notify a permanent certificated employee that the employee’s employment contract may be canceled, amended or terminated.

 

Mid-Term Cancellation or Amendment.  If a certificated employee's employment contract is considered for mid-term amendment or cancellation, the affected employee shall be provided: 

 

A written statement of the alleged grounds for cancellation or amendment of the contract and that such certificated employee's contract may be canceled or amended mid-term as well as the information set out in the section entitled "Procedural Entitlement".

 

Termination or Amendment of a Permanent Employee's Contract.  If a permanent certificated employee's employment contract is considered for amendment or termination at the close of the school year, the affected employee shall be provided:

 

Written notice of the proposed action on or before April 15. If the employee requests a hearing, he or she shall be given written notice of the alleged grounds for the proposed action at least five (5) days prior to the hearing.

 

Procedural Entitlement.  In the event of the proposed cancellation, amendment or termination of a permanent certificated employee's employment contract, whether mid-term or at the close of the contract year, the affected employee shall be provided with written notice that he or she is entitled to a hearing before the board prior to any final decision on the proposed contract action.  To secure such a hearing, the employee must submit a written request to the secretary of the board, the superintendent or the superintendent's designee within seven (7) calendar days of receipt of notice of possible cancellation, amendment or termination.  Upon request, the certificated employee will be provided with notice, at least five (5) days prior to the hearing, of the names of any witnesses who will be called to testify against the certificated employee as well as the general areas of their testimony, and will be given an opportunity to examine any documents that will be presented at the hearing.

 

Public Notice of Meeting.  The board shall give proper notice of any board meeting in accordance with the Nebraska Public Meetings Law.

 

Employee's Right to Be Represented.  A permanent employee shall have the right to be represented at the hearing and shall be given an opportunity to cross-examine all witnesses, examine all documents, and present evidence material to the issues.

 

Basis of the Board's Decision.  A decision to cancel, amend or terminate a permanent certificated employee's contract shall be based solely upon the evidence produced at the hearing and must be agreed to by a majority of the members of the board.  If the board cancels, amends or terminates a certificated employee's contract, it shall reduce its findings and determinations to writing and shall deliver a written copy thereof to the certificated employee.

 

Adopted on:              7/11/2005

 

Revised on:               ________

 

Reviewed on:           3/8/2010

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