Decatur County Community Schools
Administrative Guidelines
 

3142 - PROCEDURE FOR CANCELLATION OF TEACHER CONTRACTS

A teacher's contract may be cancelled immediately, pursuant to the procedure which follows, for any of the following reasons:

 A.Immorality;

 B.Insubordination, which means a willful refusal to obey the State school laws or reasonable rules adopted for the governance of the school building or the School Corporation;

 C.Incompetence, including:

  1.for probationary teachers, receiving an ineffective designation on a performance evaluation or receiving two (2) consecutive improvement necessary ratings on a performance evaluation under I.C. 20-28-11.5; or

  2.for any teacher, receiving an ineffective designation on two (2) consecutive performance evaluations or an ineffective designation or improvement necessary rating under I.C. 20-28-11.5 for three (3) years of any five (5) year period;

 D.Neglect of duty;

 E.A conviction of an offense listed in I.C. 20-28-5-8(c);

 F.Other good or just cause.

In addition to the reasons set forth above, a probationary teacher's contract may be canceled for any reason relevant to the School Corporation's interest, utilizing the procedure which follows.

 

Principal's Preliminary Decision

 
 

Written notice of the Principal's preliminary decision delivered to the teacher in person or by registered/certified mail. Must contain Principal's reasons and notice of right to a private conference with the Superintendent or Assistant Superintendent if requested within five (5) days of receipt. Notification due to a reduction in force must be delivered between May 1 and July 1.

   
 

If requested by the teacher within five (5) days of receipt of the Principal's written recommendation.

 
   
     
 

Private Conference with the Superintendent or Assistant Superintendent

 
 

Must be "set" within ten (10) days of the teacher's request. Superintendent or Assistant Superintendent (whoever attended the conference) makes written recommendation to the Board.

   
 

If requested by the teacher within five (5) days of the initial private conference with the Superintendent or Assistant Superintendent.

 

Private Conference with the Board

Open Door Law notice of the Board meeting in executive session is required at least forty-eight (48) hours before the meeting. Forty-eight (48) hours excludes weekends and legal holidays, for legal holidays see I.C. Code 1-1-9. "Evidence" must be exchanged by the parties at least seven (7) days before the conference. Teacher is allowed to present "evidence" to refute the reasons for cancellation and "supporting evidence" presented by "the School Corporation."

   
 

At the first public meeting of the Board after the later of the Board or Superintendent conference.

 

 

Board Issues Its Written Decision

 
 

The Board may cancel a contract with a teacher by a majority vote of the whole Board (not just a majority of a quorum) evidenced by a signed statement in the minutes of the Board. The decision must be supported by a preponderance of the evidence (i.e., more likely than not). The final decision must be in writing and must be made not more than thirty (30) days after the Board receives the teacher's request for the additional private conference with the Board. Is the Board's decision "final"? See Warren v Indiana Telephone, 26 N.E. 2d 399 (Ind. 1940, and Muncie Schools v. Barnell (678 N.E. 2d, 799, (Ind. App. 1997) holding the Indiana Constitution's separation of power clause requires, judicial review of administrative decisions. Decision should include findings of fact and conclusions of law.

The time periods set out in the above procedure shall be extended for a reasonable period when a teacher or school official is ill or absent from the School Corporation or for other reasonable cause.

I.C. 20-28-5-8(c)
I.C. 20-28-6-7.5(b)
I.C. 20-28-6-8
I.C. 20-28-7.5-1 and -2
I.C. 20-28-11.5

Approved 3/9/15
Revised 4/12/17

© Neola 2016