“12 Fundamentals for Teacher Non-Renewal and Termination for South Dakota School Administrators” School Administrators of South Dakota April 7, 2015

FUNDAMENTAL #1 ■ Teacher contract requires signature of ▫ Teacher ▫ Teacher ▫ President of School Board ▫ President of School Board ▫ Business Manager ▫ Business Manager

FUNDAMENTAL #2 ■ Teacher contract requires ▫ Date School Begins ▫ Term of Employment ▫ Wages Per Month ▫ Time of Payment ▫ Three Year Maximum

FUNDAMENTAL #3 ■ May nonrenew a Continuing Contract Law (CCL) teacher (in or beyond 4 th consecutive year of employment) for “just cause” ▫ Breach of Contract ▫ Poor Performance ▫ Incompetency ▫ Gross Immorality ▫ Unprofessional Conduct ▫ Insubordination ▫ Neglect of Duty/Violation of School Policy

FUNDAMENTAL #4 ■ Nonrenewal of CCL teacher ▫ Superintendent/CEO ▫ Written Notice ▫ Intention to Recommend Nonrenewal to Teacher and School Board ▫ Written Statement of Reasons ▫ Access to Teacher’ s Employment Records ▫ Opportunity for Hearing/Representation ▫ Notice Provided to Teacher by Certified Mail w/Return Receipt; Personal Delivery w/Receipt; or Affidavit of Personal Service Delivery w/Receipt; or Affidavit of Personal Service ▫ Written Notice Given on or before April 15, 2014

FUNDAMENTAL #5 ■ Teacher Responsibility ▫ Teacher To Provide Written Hearing Request ▫ Written Request Provided By Certified Mail; Personal Delivery with Receipt; or Affidavit of Personal Service ▫ Return Receipt Signed by Superintendent, CEO, Board Member, Other Authorized Person Board Member, Other Authorized Person

FUNDAMENTAL #6 ■ Teacher Responsibility ▫ Teacher To Provide Written Hearing Request ▫ No Later Than Fifteen Days After Teacher Receives Notice of Nonrenewal

FUNDAMENTAL #7 ■ May terminate a CCL teacher (in or beyond 4 th consecutive year of employment) for “just cause” ▫ Breach of Contract ▫ Poor Performance ▫ Incompetency ▫ Gross Immorality ▫ Unprofessional Conduct ▫ Insubordination ▫ Neglect of Duty/Violation of School Policy

FUNDAMENTAL #8 ■ Written Notice of Termination Recommendation ▫ Recommendation Given to Teacher & School Board by Superintendent/CEO Superintendent/CEO ▫ Reason(s) for Termination Recommendation ▫ Effective Date of Termination Recommendation ▫ Access to Teacher’s Employment Records ▫ Teacher Has Right to Hearing ▫ Teacher Has Right to Legal Representation (at teacher’s cost)

FUNDAMENTAL #9 ■ Teacher Responsibility ▫ Teacher To Provide Written Hearing Request ▫ Written Request Provided By Certified Mail; Personal Delivery with Receipt; or Affidavit of Personal Service ▫ Return Receipt Signed by Superintendent, CEO, Board Member, Other Authorized Person Board Member, Other Authorized Person

FUNDAMENTAL #10 ■ Teacher Responsibility ▫ Teacher To Provide Written Hearing Request ▫ No Later Than Fifteen Days After Teacher Receives Notice of Termination

FUNDAMENTAL #11 ■ Nonrenwal – Reduction in Staff ▫ Only Written Notice Required by School Board to Teacher by April 15, 2014 Board to Teacher by April 15, 2014

FUNDAMENTAL #12 ■ Probationary Teacher ▫ Nonrenewal Notice Given in Writing by Superintendent/CEO by April 15, 2014 Superintendent/CEO by April 15, 2014 ▫ Not Required to Give Due Process or Reason for Nonrenewal

“12 Fundamentals for Teacher Non-Renewal and Termination for South Dakota School Administrators” School Administrators of South Dakota April 7, 2015