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[ ] Yes [ ] No

The teacher accepts the contract by signing the contract and returning it to the Governing Board or by making a written instrument which accepts the terms of the contract and delivering it to the Governing Board. If the written instrument includes terms in addition to the terms of the contract offered by the Board, the continuing teacher fails to accept the contract.

Ars†15-539 dismissal of certificated teacher; due process; written charges notice; hearing on request

Upon a written statement of charges presented by the Superintendent charging that there exists cause for the suspension without pay for a period of time greater than ten school days or dismissal of a certificated teacher of the district, does the Governing Board give notice to the teacher of its intention to suspend without pay or dismiss him/her at the expiration of 30 days from the date of the service of the notice?

Whenever the superintendent presents a statement of charges wherein the alleged cause for dismissal constitutes immoral or unprofessional conduct, the governing board may adopt a resolution authorizing that a complaint be filed with the State Board of Education. Pending disciplinary action by the State Board of Education, the certificated teacher may be reassigned by the superintendent or placed on administrative leave by the Board pursuant to 15-540.

If the Governing Board gives a certificated teacher, who has been employed by the school district for more than the major portion of three consecutive school years, notice of intention to dismiss if its intention to dismiss is based on charges of inadequacy of classroom performance:

1. Does the Board or its authorized representative give the teacher a written preliminary notice by May 15?

2. Does the written preliminary notice of inadequacy of classroom performance specify the nature of the inadequacy of classroom performance with such particularity as to furnish the teacher an opportunity to correct inadequacies and overcome the grounds for the charge?

3. Does the written preliminary notice of inadequacy of classroom performance include a copy of any evaluation pertinent to the charges made and state the date by which the teacher has to correct the inadequacy and overcome the grounds for the charge?

4. Does the written preliminary notice allow the teacher not less than 85 instructional days subsequent to the opportunity for additional education within which to correct the inadequacy and overcome the grounds for the charge?

5. Does the Governing Board dismiss the teacher either within 30 days of the service of a subsequent notice of intention to dismiss or by the end of the contract year in which such notice is served unless the teacher has requested a hearing, if, within the time specified in the written preliminary notice of inadequacy of classroom performance, the teacher does not demonstrate adequate classroom performance?

The Governing Board may delegate to employees of the Governing Board the general authority to issue preliminary notice of inadequacy of classroom performance without the need for prior Board approval of each notice. If the Governing Board delegates this authority to an employee, the employee must report its issuance to the Board within five school days.

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Source:  OpenStax, Arizona education law review: gary emanuel, northern arizona university. OpenStax CNX. Oct 09, 2009 Download for free at http://cnx.org/content/col11123/1.6
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