Administrative Guideline - 2142 Procedure for Cancellation of Teacher Contracts

Teacher Contract Cancellation Process When All the Reasons are "346" Reasons"

Applicable to all categories of teachers - Probationary, Established and Professional

"346 reasons" refers to reasons numbered 3, 4, and 6 as follows:

                (3)          justifiable decrease in the number of teaching positions              

                (4)          incompetence, including receiving:         

                                (A)          an ineffective designation on two (2) consecutive performance evaluations under I.C. 20-28-11.5; or           

                                (B)          an ineffective designation or improvement necessary rating in three (3) years of any five (5) year period.

                (6)          a conviction for an offense listed in I.C. 20-28-5-8(c)

Principal's Preliminary Decision              

Written notice of the Principal's preliminary decision delivered to teacher in person or by registered/certified mail.  Must contain Principal's reasons and notice of right to a private conference with the Superintendent if requested within five (5) days of receipt.  If RIF: delivery of the initial notice must be between May 1st and July 1st.          

If requested by the teacher within five (5) days of receipt of the Principal's written recommendation.

Private Conference With The Superintendent  

Must be "set" within ten (10) days of the teacher's request.  Superintendent makes written recommendation to the Board, which becomes final if the teacher does not request a conference with the Board.         

If requested by the teacher within five (5) days of receipt of Superintendent's written recommendation.            

Private Conference With the Board

Open Door Law notice of the Board meeting in executive session is required at least forty-eight (48) hours before meeting.  Forty-eight (48) hours excludes weekends and legal holidays, for legal holidays see I.C. Code 1-1-9.

Board Issues Its Written Decision           

The Board may cancel a contract with a Teacher by a majority vote of the whole Board (not just a majority of a quorum) evidenced by a signed statement in the minutes of the Board.  The final decision must be in writing and must be made not more than thirty (30) days after the Board receives the teacher's request for the additional private conference with the Board.  Is the Board's decision "final"?  See Warren v Indiana Telephone, 26 N.E. 2d 399 (Ind. 1940, & Muncie Schools v. Barnell (678 N.E. 2d, 799, (Ind. App. 1997) holding the Indiana Constitution's separation of power clause requires, judicial review of administrative decisions.

Teacher Contract Cancellation Process When at Least One of the Reasons is a "1257 Reason"

Applicable to all categories of teachers - Probationary, Established, and Professional

"1257 reasons" are the following:

                (1)          immorality         

                (2)          insubordination, which means a willful refusal to obey the State school laws or reasonable rules adopted for the governance of the school building or the School Corporation       

                (5)          neglect of duty

                (7)          other good or just cause

Principal's Preliminary Decision              

Written notice of the Principal's preliminary decision delivered to the teacher in person or by registered/certified mail.  Must contain Principal's reasons and notice of right to a private conference with the Superintendent if requested within five (5) days of receipt.

If requested by the teacher within five (5) days of receipt of the Principal's written recommendation.                   

Private Conference With The Superintendent  

Must be "set" within ten (10) days of the teacher's request.  Superintendent makes written recommendation to the Board.               

If requested by the teacher within five (5) days of receipt of Superintendent's written recommendation.                            

Private Conference With the Board       

Open Door Law notice of the Board meeting in executive session is required at least forty-eight (48) hours before the meeting.  Forty-eight (48) hours excludes weekends and legal holidays, for legal holidays see I.C. Code 1-1-9.  "Evidence" must be exchanged by the parties at least seven (7) days before the conference.  Teacher is allowed to present "evidence" to refute the reasons for cancellation and "supporting evidence" presented by "the School Corporation."

At the first public meeting of the Board after the later of the Board or Superintendent conference.        

Board Issues Its Written Decision           

The Board may cancel a contract with a Teacher by a majority vote of the whole Board (not just a majority of a quorum) evidenced by a signed statement in the minutes of the Board.  The final decision must be in writing and must be made not more than thirty (30) days after the Board receives the teacher's request for the additional private conference with the Board.  Is the Board's decision "final"?  See Warren v Indiana Telephone, 26 N.E. 2d 399 (Ind. 1940, & Muncie Schools v. Barnell (678 N.E. 2d, 799, (Ind. App. 1997) holding the Indiana Constitution's separation of power clause requires, judicial review of administrative decisions.

I.C. 20-28-6-7.5(b)
I.C. 20-28
I.C. 20-28-6-8 and 7.5
I.C. 20-28-5-8(c)
I.C. 20-28-11.5

© NEOLA 2011