5280 - Separation From Employment

Certificated Staff

Under Washington law the superintendent has the authority to issue an appropriate notice of probable cause for discharge or nonrenewal to any certificated staff member. A notice of probable cause for discharge will include notice of any appeal rights the employee may have and notice of the appeal processes.

 

Classified Staff

The board will consider the superintendent’s recommendation regarding the discharge of a classified staff member and render a decision regarding the discharge. A notice of discharge will include notice of any appeal rights the employee may have and notice of the appeal processes.

 

1. Certificated Staff Member Release from Contract 
   Upon request a certificated staff member may be released from contract under the following conditions:
   1. A letter requesting release will be submitted to the superintendent's office. If accepted by the board, the staff member may be released from contract.
   2. A release from contract may be granted by the board to allow a staff member to accept another position prior to or during the school year provided a satisfactory replacement can be obtained.
   3. A release from contract may be granted by the board in case of illness or other personal matters which make it a substantial hardship for the staff member to continue his/her employment in the district.
   4. Each request will be reviewed and a decision rendered based on the totality of the circumstances.  The needs of the district and continuity of the educational program offered to students will receive primary consideration in the board's decision.
2. Resignation
   In order to permit proper staff planning and to minimize inconvenience to others who may be affected, certificated staff who plan to resign at the end of their contract period are requested to notify the superintendent of their resignation or retirement by April 1.
   
   Those staff who are not contractually obligated to complete the current school year should notify the superintendent as early as possible of their intent to resign and no less than 30 days prior to their last working day.
3. Retirement 
   Staff will participate in the retirement programs under the Federal Social Security Act and the Washington State Teachers' Retirement System or the Public Employees' Retirement System. Payroll deductions will be made and paid into the respective retirement programs in the manner prescribed by law.
   
   Staff who become eligible to retire under the controlling retirement system and who intend to retire at the end of the current school year should notify the superintendent prior to April 1st of that year.
   
   Those staff intending to retire who are not contractually obligated to complete the current school year should notify the superintendent as early as possible and no less than 30 days prior to their retirement date.

 

Program and Staff Reductions

The board determines the educational and operational programs for the district. Program and staff reductions may be required as a result of many factors, including but not limited to enrollment decline, programmatic needs or interests, a change in staffing needs, failure of a special levy election, or other events resulting in a reduction in revenue, increase in costs, and/or termination or reduction of funding of categorically-funded projects. The board will review appropriate information and based on administrative recommendations identify those educational programs and services that will be reduced, modified or eliminated.

 

Cross References: 

District Policy 5006 - Certification Revocation

District Policy 5240 - Evaluation of Classified, Certificated and Administrative Staff

District Policy 5281 - Disciplinary Action and Discharge

 

Legal References: 

RCW   28A.400.300	Hiring and discharging employees - Written leave policies - Seniority and leave benefits of employees transferring between school districts and other educational employers
RCW 28A.400.320	Crimes against children - Mandatory termination of classified employees - Appeal - Recovery of salary or compensation by district
RCW 28A.400.340	Notice of discharge to contain notice of right to appeal if available
RCW 28A.405.100	Minimum criteria for the evaluation of certificated employees - Four-level rating evaluation system - Procedures - Steering committee - Implementation – Reports - Comprehensive performance evaluation
RCW 28A.405.140	Assistance for teacher may be required after evaluation
RCW 28A.405.210	Conditions and contracts of employment - Determination of probable cause for nonrenewal of contracts - Nonrenewal due to enrollment decline or revenue loss – Notice - Opportunity for hearing
RCW 28A.405.220	Conditions and contracts of employment - Nonrenewal of provisional employees – Notice - Procedure
RCW 28A.405.300	Adverse change in contract status of certificated employee - Determination of probable cause - Notice - Opportunity for hearing
RCW 28A.405.310	Adverse change in contract status of certificated employee, including nonrenewal of contract - Hearings - Procedure
RCW 28A.405.470	Crimes against children - Mandatory termination of certificated employees – Appeal - Recovery of salary or compensation by district
RCW 28A.410.090	Revocation or suspension of certificate or permit to teach - Reprimand - Criminal basis – Complaints – Investigation - Process
RCW 41.32.240	Membership in system
RCW 41.33.020	Terms and provisions of plan
RCW 41.40.023	Membership
Chapter 41.41 RCW	State Employees – Retirement - Federal Social Security
Chapter 181-86 WAC	Policies and procedures for administration of certification proceedings
Chapter 181-87 WAC	Acts of Unprofessional Conduct
Chapter 392-191 WAC	School Personnel - Evaluation of the Professional Performance Capabilities

 

Management Resources:

2023 - November Issue

2015 - December Issue

2014 - February Issue

2013 - February Issue

 

Adoption Date:  September 20, 2006

Revised: June 27, 2007; March 20, 2024

 

Administrator Responsibilities: