It shall be the policy of Durant Public School District to provide the highest possible quality of education for the students enrolled in the schools of this district.  In order to achieve this goal, it is recognized that it is necessary, from time to time, to release from future employment principals and other administrative personnel where their performance fails to meet the standards established by the State Department of Education and/or this board or where their services are no longer needed.

WRITTEN NOTICE REQUIREMENT

In the event that a determination is made by Durant Public School District not to offer an employee a renewal contract for a successive year, written notice of nonrenewal shall be given a principal on or before March 1 and written notice shall be given other professional educators on or before April 15, or within ten (10) days after the date that the Governor approves the appropriation bill(s) comprising the state’s education budget for funding K‑12, whichever date is later.  An interim conservator appointed pursuant to Section 37‑17‑6(14)(a) or a Board of Trustees acting on the recommendation of a school district financial advisor appointed pursuant to Section 37‑9‑18 shall not be required to comply with the time limitations prescribed in this section for recommending the reemployment of principals, teachers, administrators or other professional educators.  § 37‑9‑105 (2006)

Any nonreemployment decision of Durant Public School District shall be rationally related to a legitimate educational interest and not arbitrary and capricious or based upon some constitutionally impermissible reason such as race, sex, religion, handicap or exercise of First Amendment rights.

LICENCED EMPLOYEE REQUEST FOR HEARING

An employee, by written request within ten (10) calendar days of receipt of notice of nonrenewal, is entitled to:

a.         Written notice of the specific reasons for nonreemployment with a summary of the factual basis therefor, a list of witnesses and a copy of documentary evidence substantiating the reasons intended to be presented at the hearing.  This notice must be provided at least fourteen (14) calendar days prior to the hearing.  

b.         An opportunity for a hearing at which to present matters, relevant to the reasons given for the proposed nonreemployment, including those alleged by the employee to be the reason for nonreemployment.

c.                                                                                                                                 Receive a fair and impartial hearing before the board or hearing officer.

d.         Be represented by legal counsel, at the employee’s own expense.

An employee requesting a hearing must provide the district, not less than five (5) days before the scheduled date of the hearing, a response to the specific reasons for nonreemployment, a list of witnesses and a copy of documentary evidence in support of the response intended to be presented at the hearing. § 37‑9‑109

If the employee does not request a hearing the decision of the Board of Trustees with regard to the reemployment of the employee shall be final.

It is the intent of Durant Public School District to establish procedures for providing principals and other professional educators with notice of the reasons for not offering him/her a renewal of his/  her contract, to provide an opportunity for principals and other  professional educators to present matters in extenuation and exculpation to enable the board to determine whether the recommendation of nonreemployment is a proper employment decision and not contrary to law and not a violation of some statutory or constitutional right and not to establish a system of tenure expressed or implied or require that all decisions of nonreemployment be based upon cause with respect to employment with the school district.

Any and all hearings shall be conducted pursuant to the  Rules of  Procedure Under the Education Employment Procedures Law of 2001,@ Policy GBN-R, adopted by this board.  All proceedings under this policy are and shall be governed by the Education Employment Procedures Law of 2001, where applicable.  § 37‑9‑101 et seq.  (1977)

The Board of Trustees is hereby prohibited from denying employment or reemployment to any person as a principal or licensed employee, as defined in Section 37‑19‑1, for the single reason that any eligible child of such person does not attend the school system in which such principal or licensed employee is employed. § 37‑9‑59 (1997)

LEGAL NOTES

Failure of the Board of Trustees to notify a principal of nonreemployment on or before March 1 and other professional educators on or before April 15 constitutes an automatic renewal of his/her outstanding contract for the ensuing year.  [Jackson v Board of Education of Oktibbeha County (Miss. 1977) 349 So. 2d 550]

A Board of Trustees is not required to justify its decision not to rehire a principal or other professional educator where the principal or other professional educator failed to show any impermissible reason for the Board of Trustee’s decision. [Tanner v Hazelhurst MSSD (Miss. 1983) 427 So. 2d 977]