Baugo Community School Corporation
Administrative Guidelines
 

3142 - NON - PERMANENT TEACHER NON-RENEWAL PROCESS

Effective July 1, 2007. All procedural requirements "shall be strictly construed".
 

On or before May 1.

  
 

Teacher receives written notice delivered in person or by registered or certified mail that the Board will consider non-renewal. This notice must include the Board’s written reasons for consideration of non-renewal and a notice of the right to a conference with the Superintendent/Board if requested w/in ten (10) days of receipt of the notice.

  
   

 

w/in ten (10) days of Board receipt
of request from teacher

  
   
     

 

Optional First Conference.

      

Only one (1) conference required, but two (2) are permitted. Board can require that initial conference be held with Superintendent, or Superintendent’s designee.

       

w/in 10 days of
request by teacher
       
         
         

 

w/in twenty (20) days after request
by teacher or end of school
year whichever is earlier

  
   
   

Board Conference.

Conference with Board, if first conference is not with Board. In executive or public session at teacher’s choice. Superintendent or designee gives "full and complete" information supporting the reasons for non-continuance. Teacher may have representative. Teacher shall provide any information demonstrating that non-continuance is improper.
     

   

w/in ten (10) days after conference
with Board
   
     

Board Vote.

Board votes on continuation of teacher’s contract.

Board may decide not to continue teacher’s contract:
 

1.

for any reason considered relevant to the School Corporation’s interests
 

or
 

2.

because of a teacher’s inability to perform the teacher’s teaching duties.
 

Statutes 0n Non-Permanent Teacher Contract Non-Renewal
 

Effective July 1, 2007
 

I.C. 20-28-7-8
 

Contract between non-permanent teacher and School Corporation; continuation
 

A contract entered into by a non-permanent teacher and a School Corporation continues in force on the same terms and for the same wages, unless increased under I.C. 20-28-9-1 and I.C. 20-28-9-2, for the next school term following the date of termination set in the contract. However, the contract does not continue if any of the following occur:
 
 

(1)

The School Corporation refuses continuation of the contract under sections 9 and 10(b) of this chapter.
 
 

(2)

The teacher delivers or mails by registered or certified mail to the School Corporation the teacher's written resignation.
 
 

(3)

The contract is replaced by another contract agreed to by the parties.
 

As added by P.L.1-2005, SEC.12.
 

I.C. 20-28-7-9
 

Contract between non-permanent teacher and School Corporation; rights before refusal of continuation of contract
 
 

(a)

Before a teacher is refused continuation of the contract under section 8 of this chapter, the teacher has the following rights, which shall be strictly construed:
 
 

(1)

The principal of the school at which the teacher teaches must provide the teacher with an annual written evaluation of the teacher's performance before January 1st of each year. Upon the request of a non-permanent teacher, delivered in writing to the principal not later than thirty (30) days after the teacher receives the evaluation required by this section, the principal shall provide the teacher with an additional written evaluation.
 

(2)

On or before May 1st, the School Corporation shall notify the teacher that the governing body will consider non-renewal of the contract for the next school term. The notification must be:
 
 

(A)

written; and
     
 

(B)

delivered in person or mailed by registered or certified mail to the teacher at the teacher's last known address.
 
 

(b)

The notice in subsection (a)(2) must include a written statement, which:
 
 

(1)

may be developed in executive session; and
 
 

(2)

is not a public document;
 
 

giving the reasons for the consideration of the non-renewal of the teacher's contract.
 
 

(c)

For reasons other than a reduction in force, the notice in subsection (a)(2) must inform the teacher that, not later than ten (10) days after the teacher's receipt of the notice, the teacher may request a conference under section 10 of this chapter.
 
 

(d)

If the reason for non-renewal is reduction in force, the teacher may request a conference as provided in section 10 of this chapter.
 

As added by P.L.1-2005, SEC.12. Amended by P.L.38-2007, SEC.1.
 

I.C. 20-28-7-10
 

Contract between nonpermanent teacher and School Corporation; conference; governing body
     
 

(a)

A teacher who receives notice of consideration of the non-renewal of the teacher's contract under section 9 of this chapter may request a conference under this section
     
 

(b)

A conference shall be held:
     
 

(1)

with the governing body;
     
 

(2)

at the direction of the governing body, with the Superintendent of the School Corporation or the Superintendent's designee;
 
 

Not more than ten (10) days after the day the governing body receives a teacher's request for a conference. If the first conference is not with the governing body, the teacher may request a second conference, which must be held with the governing body at a time mutually agreeable to both parties and not more than twenty (20) days after the day the governing body receives the request for a second conference, or before the end of the school year, whichever is earlier.
 
 

(c)

The governing body may, in addition to a conference under this section, require that the Superintendent of the School Corporation or the Superintendent's designee and the teacher summarize in writing the position of each party with respect of the continuation of the contract.
   
 

(d)

At a conference under this section:
   
 

(1)

the governing body, the Superintendent of the School Corporation, or the Superintendent's designee shall provide full and complete information supporting the reasons given for noncontinuance; and
     
 

(2)

the teacher shall provide any information demonstrating that noncontinuance of the contract is improper.
   
 

(e)

A conference under this section with the governing body shall be in executive session unless the teacher requests a public conference. The teacher may have a representative at any conference.
   
 

(f)

The governing body shall vote on the continuation of the teacher's contract not more than ten (10) days after a conference under this section.
     

As added by P.L.1-2005, SEC.12. Amended by P.L.38-2007, SEC.2.

I.C. 20-28-7-11
 

Contract between nonpermanent teacher and School Corporation; extension of time period for request for conference
 

The periods set out in section 10(b) of this chapter shall be extended for a reasonable period:
   
 

(1)

when a teacher or school official is ill or absent from the School Corporation;
   
 

(2)

when the teacher requests a public conference, but a public conference held within the periods of section 10(b) of this chapter violates I.C. 5-14-1.5-5; or
   
 

(3)

for other reasonable cause.
 

As added by P.L.1-2005, SEC.12.
 

I.C. 20-28-7-12
 

Contract between nonpermanent teacher and School Corporation; grounds for termination of contract
 

The governing body of a School Corporation may decide not to continue a teacher's contract under sections 8 through 11 of this chapter:
   
 

(1)

for any reason considered relevant to the School Corporation's interest; or
   
 

(2)

because of a teacher's inability to perform the teacher's teaching duties.
 

As added by P.L.1-2005, SEC.12.

I.C. 20-28-7-13
 

Construction of chapter with collective bargaining agreements
   
 

(a)

This chapter may not be construed to limit the provisions of a collective bargaining agreement negotiated under I.C. 20-29.
   
 

(b)

This chapter does not prohibit a school employer and an exclusive representative for collectively bargaining contracts that alter the requirements of sections 1 through 6 and sections 8 through 12 of this chapter and I.C. 20-28-9-21 through I.C. 20-28-9-23.
   
 

(c)

This chapter may not be construed to limit the rights of a school employer and an exclusive representative (as defined in I.C. 20-29-2-9) to mutually agree to binding arbitration concerning teacher dismissals.
   
 

(d)

If the school employer and the exclusive representative mutually agree to binding arbitration of teacher dismissals:
   
 

(1)

the arbitrator shall determine whether the hearing will be open to the public; and
   
 

(2)

the written decision of the arbitrator must be: (A) presented to the governing body in an open meeting; and (B) made available to the public for inspection and copying.
 

As added by P.L.1-2005, SEC.12.

Revised 10/29/07