Summit Co ESC
Bylaws & Policies
 

3142 - NON-RENEWAL OF A TEACHER OR CERTIFIED EMPLOYEE CONTRACT

It is the responsibility of the Governing Board to provide a competent and able professional staff to perform the educational services of the Center.

The Board, upon the recommendation of the Superintendent, may exercise its option, under law, not to renew the contract of a teacher or certified employee under a limited or extended limited contract.

A teacher or certified employee, employed under a limited contract and not eligible for consideration for employment under a continuing contract, shall be considered to be reemployed under a limited contract unless the Board, acting on the Superintendent's recommendation, follows the evaluation procedures in compliance with State law and gives the teacher or certified employee written notice of its intention not to reemploy on or before April 30th. It shall be presumed that the teacher or certified employee has accepted such reemployment unless s/he notifies the Board in writing to the contrary on or before June 1st.

A teacher or certified employee, employed under a limited contract and eligible for consideration for employment under a continuing contract, shall receive a continuing contract or an extended limited contract, unless the teacher or certified employee is non-renewed according to the terms of this policy.

Teachers or certified employees, eligible for continuing service status in this Center, shall be those properly-licensed teachers or certified employees, who within the last five (5) years, have taught for at least three (3) years in the Center, and, must possess the following:

 A.A Professional, Permanent or Life teacher's certificate issued upon application submitted to the State Board of Education prior to September 1, 1998 or renewed or upgraded subsequent to September 1, 1998 in accordance with R.C. 3319.22; or

 B.A Professional Educator's License issued after October 29, 1996 and proof of either of the following:

  1.If a master's degree was not held at the time of initially receiving a teaching certificate or an educator's license, thirty (30) semester hours of course work in the area of licensure or in an area related to the teaching field since the initial issuance of such certificate or license; or

  2.If a master's degree was held at the time of initially receiving a teaching certificate or an educator's license, six (6) semester hours of graduate course work in the area of licensure or in an area related to the teaching field since the initial issuance of the teaching certificate or license.

In addition, those professional staff members who, having attained continuing contract status elsewhere, have served two (2) years in the Educational Service Center, are eligible for continuing contract with the Service Center. However, the Board, upon the recommendation of the Superintendent, may at the time of employment or at any time within such two (2) year period, declare any of the latter teachers eligible.

Upon the recommendation of the Superintendent that a teacher or certified employee eligible for continuing service status be reemployed, a continuing contract shall be entered into between the Board and the teacher or certified employee, unless the Board by three-fourths (3/4's) vote of its full membership rejects the recommendation of the Superintendent. If the Board rejects by a three-fourths (3/4's) vote of its full membership the recommendation of the Superintendent that a teacher or certified employee eligible for continuing service status be reemployed, the Board may declare its intention not to reemploy the teacher or certified employee. Prior to taking this action, however, the Superintendent shall have the right to recommend an extended limited contract. The Superintendent may recommend reemployment of the teacher or certified employee, if continuing service status has not previously been attained elsewhere, under an extended limited contract for a term not to exceed two (2) years, provided that written notice of the Superintendent's intention to make such recommendation has been given to the teacher or certified employee with reasons directed at the professional improvement of the teacher or certified employee on or before April 30th.

If the Superintendent makes no recommendation of an extended limited contract, or if the Board by a three-fourths (3/4's) vote of its full membership rejects said recommendation for an extended limited contract, the Board may non-renew the teacher or certified employee if it has followed the evaluation procedures in compliance with the negotiated agreement and gives the teacher or certified employee written notice on or before April 30th of its intention not to reemploy the teacher or certified employee.

If the teacher or certified employee is granted an extended limited contract, upon any subsequent reemployment of the teacher or certified employee, only a continuing contract may be entered into with the teacher or certified employee. A teacher or certified employee employed under an extended limited contract and eligible for a continuing contract at the expiration of such extended limited contract, shall be deemed reemployed under a continuing contract unless the Board, acting on the Superintendent's recommendation that the teacher or certified employee not be reemployed, gives the teacher or certified employee written notice on or before April 30th of its intention not to reemploy him/her and has followed the evaluation procedures in compliance with State law. The Superintendent shall require that the teacher or certified employee, at the time of receipt, provide signed evidence of the time and date of receipt of the notice.

Any teacher or certified employee receiving written notice of the intention of the Board not to reemploy, may, within ten (10) days of the date of which s/he received the notice, file with the Treasurer of the Board a written demand for a written statement describing the circumstances that led to the recommendation for non-renewal. The Treasurer, within ten (10) days after receipt of a teacher or certified employee request, shall provide the teacher or certified employee with the substantive basis for the Board's decision not to reemploy the teacher or certified employee.

Any teacher or certified employee receiving a written statement describing the circumstances that led to the recommendation for non-renewal may, within five (5) days of the date on which s/he received the statement, file with the Treasurer of the Board a written demand for a hearing before the Board. The Treasurer of the Board, on behalf of the Board, shall, within ten (10) days of the date on which s/he receives a written demand for a hearing, provide to the teacher or certified employee a written notice setting forth the time, date, and place of the hearing. The Board shall schedule and conclude the hearing within forty (40) days of the date on which the Treasurer of the Board receives a written demand for a hearing.

Any hearing conducted shall be conducted by a majority of the members of the Board. The hearing shall be held in executive session of the Board unless the Board and the teacher or certified employee agree to hold the hearing in public. The Superintendent, Assistant Superintendent, the teacher or certified employee, and any person designated by either party to take a record of the hearing may be present at the hearing. The Board may be represented by counsel and the teacher or certified employee may be represented by counsel or a designee. The hearing shall include the opportunity for presentation of evidence, confrontation and examination of witnesses, and the review of arguments of both the teacher or certified employee and the Board. A record of the hearing may be taken by either party at the expense of the party taking the record. Within ten (10) days of the conclusion of the hearing, the Board shall issue to the teacher or certified employee a written decision containing an order affirming the intention of the Board not to reemploy the teacher or certified employee or an order vacating the intention not to reemploy and expunging any record of the intention, notice of the intention, and the hearing.

A teacher or certified employee may appeal an order affirming the intention of the Board not to reemploy the teacher or certified employee to the Court of Common Pleas.

This policy does not apply to the Superintendent, administrators, teacher supplemental contracts, or teachers employed as substitutes for less than 120 days during the school year.

If non-renewal proceedings are initiated against a professional staff member and/or if a professional staff member resigns under threat of non-renewal or during the course of an investigation which has been initiated by the Board based upon a reasonable belief that the professional staff member has engaged in conduct unbecoming the teaching profession, as defined in Policy 8141, the Superintendent will cause to be filed with the Ohio Department of Education a report, on forms provided by the Department for that purpose, in accordance with the aforementioned policy and as required by law.

R.C. 3319.08, 3319.11, 3319.111, 3319.313

Revised 1/22/08