5280 - Separation From Employment
Under Washington law the superintendent has the authority to issue an appropriate notice of probable cause for discharge or nonrenewal to any certificated staff member. Consistent with governing law and Collective Bargaining Agreements, the Board of Directors will act on the administrative notice of probable cause for a certificated staff member, or the superintendent’s recommendation regarding the discharge of a classified staff member, and render a decision regarding the discharge or nonrenewal. A notice of discharge will include notice of any appeal rights the employee may have and notice of the appeal processes.
A. Certificated Staff Member Release from Contract
Upon request a certificated staff member may be released from contract under the following conditions:
- A letter requesting release will be submitted to the superintendent’s office. If accepted by the Board, the staff member may be released from contract.
- 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.
- 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 their employment in the District.
- Each request will be reviewed and a decision rendered based on the totality of the circumstances. The needs of the District and continuity of the educational program offered to students will receive primary consideration in the Board’s decision.
In order to permit proper staff planning and to minimize inconvenience to others who may be affected, certificated staff 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 (or the District may insert alternate date).
Those staff 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.
Staff will participate in the retirement programs under the Federal Social Security Act and the Washington State Teachers’ Retirement System or the Public Employees’ Retirement System. Payroll deductions will be made and paid into the respective retirement programs in the manner prescribed by law.
Staff 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 prior to April 1st of that year.
Those staff 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.
D. Program and Staff Reductions
The Board of directors determines the educational and operational programs for the District. Program and staff reductions may be required as a result of many factors, including but not limited to enrollment decline, programmatic needs or interests, a change in staffing needs, failure of a special levy election or other events resulting in reduction in revenue, increase in costs, and/or termination or reduction of funding of categorically-funded projects. The Board will review appropriate information and based on administrative recommendations identify those educational programs and services which will be reduced, modified or eliminated.
- RCW 28A.400.300 Hiring and Discharging Employees —Written leave policies — Seniority and leave benefits, retention upon of employees transferring between school Districts and other educational employers
- RCW 28A.400.320 Mandatory termination of classified employees — Appeal — Recovery of salary or compensation by District
- RCW 28A.400.340 Notice of discharge to contain notice of right to appeal if available
- RCW 28A.405.100 Minimum criteria for the evaluation of certificated employees - Revised four-level evaluation systems for classroom teachers and principals - Procedures - Steering committee - Models - Implementation - Reports
- RCW 28A.405.140 Assistance for teacher may be required after evaluation
- RCW 28A.405.210 Conditions and contracts of employment — Determination of probable cause for non-renewal of contracts — Nonrenewal due to enrollment decline or revenue loss — Notice — Opportunity for hearing
- RCW 28A.405.220 Conditions and contracts of employment — Non-renewal of provisional employees — Notice — Procedure
- RCW 28A.405.300 Adverse change in contract status of certificated employee — Determination of probable cause — Notice — Opportunity for hearing
- RCW 28A.405.310 Adverse change in contract status of certificated employee, including non-renewal of contract — Hearings — Procedure
- RCW 28A.405.470 Crimes against children — Mandatory termination of certified — employees — Appeal— Recovery of salary or compensation by District
- RCW 28A.410.090 Revocation of authority to teach — Criminal basis — Complaints — Investigation — Process
- RCW 41.32.240 Membership in system
- RCW 41.33.020(6) Terms and provisions of plan
- RCW 41.40.023 Membership
- Chapter 41.41 RCW State Employees’ Retirement — Federal Social Security
- Chapter 181-86 WAC Policies and procedures for administration of certification proceedings
- Chapter 181-87 WAC Acts of Unprofessional Conduct
- Chapter 392-191 WAC School Personnel—Evaluation of the Professional Performance Capabilities
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