0.7 Arizona school law review: chapter 5  (Page 8/10)

[ ] Yes [ ]No

Ars†15-0539 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 10 days from the date of the service of the notice?

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?

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 60 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 10 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?

Does any written statement of charges alleging unprofessional conduct, conduct in violation of the rules, regulations or policies of the Governing Board or inadequacy of classroom performance specify instances of behavior and the acts or omissions constituting the charge, and if applicable, state the statutes, rules or written objectives of the Governing Board which are alleged to have been violated and set forth the facts relevant to each occasion of unprofessional conduct, conduct in violation of the rules, regulations or policies of the Governing Board or inadequacy of classroom performance?