FILE:  GBN

Cf:  GBA, GBJ

Cf:  GBRA, GCN

 

DISMISSAL OF CERTIFICATED EMPLOYEES

 

 

The Beauregard Parish School Board shall strive to assist personnel in adjusting to their positions and performing their duties satisfactorily.

 

With the exception of lay-offs caused by programmatic changes, budget cuts, staff reorganizations, and/or other personnel actions reducing numbers of employees, no School Board employee shall be dismissed except as provided below.  Any school employee shall be dismissed by the Superintendent or the School Board, in accordance with statutory provisions, upon final conviction or pleading nolo contendere of certain crimes enumerated in La. Rev. Stat. Ann. §15:587.1 and/or any other felony offense.  In addition, employees may be dismissed for failure to properly report arrests for certain offenses enumerated in La. Rev. Stat. Ann. §17:16.

 

If an employee is absent for ten (10) or more days without explanation or approved leave, the School Board may consider the job as abandoned and the employee may be terminated, unless the employee can provide acceptable and verifiable evidence of extenuating circumstances.  The Superintendent or his/her designee shall be responsible for determining acceptability of evidence of extenuating circumstances.

 

CERTIFICATED EMPLOYEES

 

Non-tenured Teachers

 

The Superintendent may terminate the employment of any non-tenured teacher after providing such teacher with the written reasons therefor and providing the teacher the opportunity to respond.  The teacher shall have seven (7) days to respond, and such response shall be included in the teacher’s personnel file.  The Superintendent shall notify the teacher in writing of his/her final decision.  The teacher shall not be entitled to a hearing before the School Board.

 

Within sixty (60) days of such notice, the teacher may seek summary review in district court of whether or not the Superintendent’s action was arbitrary or capricious.

 

Tenured Teachers

 

A teacher with tenure shall not be removed from office except upon written and signed charges by the Superintendent or his/her designee of poor performance, willful neglect of duty, incompetency, dishonesty, immorality, or of being a member of or contributing to any group, organization, movement, or corporation that is by law or injunction prohibited from operating in the state of Louisiana, and then only if furnished with a copy of such written charges and given the opportunity to respond.  Dismissal of a teacher with tenure shall be governed by the provisions for discipline of teachers with tenure as included in policy GBK, Discipline.

 

Contract Appointees

 

Personnel who have entered into promotional employment contracts with the School Board, pursuant to La. Rev. Stat. Ann. §17:444, may be removed from their positions by non-renewal of their contracts or by termination of their contracts.  Contracts may be non-renewed by the School Board for any of the following reasons:

 

  1. the Superintendent has recommended against renewal of the contract based on an evaluation of the employee’s performance;

  2. the failure to offer a new contract is based on a cause sufficient to support a mid-contract termination;

  3. the position in question has been discontinued; or

  4. the position in question has been eliminated as a result of district reorganization.

 

In a non-renewal situation, the employee shall not be entitled to a hearing before the School Board.

 

For mid-contract termination of promotional employment contracts, the employee shall receive written charges and a hearing before a disciplinary hearing officer, conducted in accordance with hearing procedures adopted by the School Board.  A contract may be terminated if the employee is found guilty of being incompetent or inefficient or is found to have failed to fulfill the terms and performance objectives of his/her contract, or other reasons provided for by state law.

 

Revised:  November, 1985 Revised:  January 12, 2012
Revised:  December, 1990 Revised:  July 16, 2012
Revised:  December, 1992 Revised:  August, 2013
Revised:  September, 2010 Revised:  October 9, 2014
Revised:  November, 2010  

 

 

Ref:    La. Rev. Stat. Ann. §§13:3204, 15:587.1, 17:15, 17:16, 17:81.5, 17:442, 17:443, 17:444, 17:492, 17:493, 17:493.1, 32:414.2

La. Code of Civil Procedure, Art. 2592

Rousselle v. Plaquemines Parish School Board, 633 So.2d 1235 (La. 2/28/94)

Board minutes, 1-12-12, 7-16-12, 10-9-14

 

Beauregard Parish School Board