SPS Policy 5280: Termination of Employment

The Superintendent has the statutory authority to issue probable cause for termination to a certificated staff member. The Board shall approve the termination of a classified staff member based upon the recommendation of the Superintendent through the personnel report. The notice of termination shall include notice of any appeal rights the employee may have and notice of the appeal process.

1. Release from Contract

A certificated staff member may be released from contract under the following conditions:

1. A letter requesting release shall be submitted to the Superintendent’s office. If accepted by the Board, the staff member shall 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 that make it a substantial hardship for the staff member to continue his/her employment in the district.

Each request shall be determined upon its own merits. The needs of the district and continuity of the educational program offered to students shall 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 or his or her designee 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 or his or her designee as early as possible of their intent to resign and no less than 10 working days prior to their last working day.

3. Retirement

Staff shall 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 shall 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 or his or her designee 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 or his or her designee as early as possible and no less than 10 working days prior to their retirement date. The district office may assist them in making arrangements for their retirement benefits.

4. Probation, Non-renewal or Termination

Certificated

The employment contracts of individual certificated staff may be non-renewed at the end of the staff member’s contract period by action of the Superintendent. Such non-renewals may be based upon unsatisfactory performance or changes in the district’s financial circumstances and/or staffing needs. Except for “provisional employees,” non-renewals for unsatisfactory performance shall be preceded by a probationary period.

Certificated staff may be terminated for sufficient cause as discussed in Policy 5281, as allowed under law, or allowed under the collective bargaining agreement. Certificated staff whose performance, through the evaluation process, does not meet minimum requirements, shall be eligible for performance assistance as provided for in the collective bargaining agreement.

Classified

Classified represented staff are granted probationary status according to the terms of their collective bargaining agreement. During that period of time, they are subject to termination.

Classified non-represented staff are granted a 90 calendar day probationary period when they start employment or a new position. At the end of the 90-day period, a classified non-represented employee may be terminated by the supervisor with approval of the Executive Director of Human Resources.

5. Program and Staff Reductions

Program and staff reductions may be required due to budgetary constraints, as a direct result of enrollment declines, failure of a special levy election or other events resulting in a significant reduction in revenue, or termination or reduction of funding of categorically funded projects.

When the reduction, modification, or elimination of programs and/or services necessitates a reduction in staff, the staff shall be retained in accordance with applicable collective bargaining agreements and for non-represented staff, based on position, organizational requirements, and qualifications and experience for the retained position.

The Superintendent is granted the authority to develop procedures to implement this policy except that any collective bargaining agreement in effect shall supersede this policy.