Policy 5258 - Probation, Suspension, and Termination Of a Certificated Employee

The Board of Trustees recognizes that the Superintendent is the executive officer of the Board of Trustees with such powers and duties that the Board may prescribe. The Superintendent shall act as the authorized representative of the District whenever such is required, unless some other person shall be named by the Board of Trustees to act as its authorized representative. Therefore, the Board of Trustees hereby delegates all powers of the Board, which have not been specifically reserved by statute or Board policy, to the Board of Trustees. 

The Board of Trustees recognizes that Idaho Code grants the power to the Board of Trustees to suspend, grant leave of absence, place on probation, or discharge certificated professional personnel for material violation of any lawful rules or regulations of the Board of Trustees or of the State Board of Education or for any conduct which could constitute grounds for revocation of a teaching certificate.  The Board recognizes that there are situations which arise concerning certificated employees which may require immediate suspension or leave of absence. Thus, the Board has determined that if the Superintendent or his/her designee determines there exists reasonable articulable suspicion to believe that a certificated employee has made a material violation of any lawful rule or regulation of the Board of Trustees or of the State Board of Education, has engaged in conduct which could constitute grounds for revocation of a teaching certificate, or is the subject matter of an investigation where the presence of the certificated employee may unduly influence or undermine a personnel investigation, the Superintendent or his/her designee shall have the authority to suspend with pay the certificated employee pending the next regularly scheduled Board meeting or ten (10) business days, whichever comes first. 

A certificated employee may be placed on a “Plan of Improvement” by their immediate supervisor. The immediate supervisor shall provide the plan of improvement to the superintendent within 24 hours of providing the employee with their Plan of Improvement. The immediate supervisor shall recommend to the superintendent and board that the Plan of Improvement be approved and the employee be placed on probation at the next board meeting.  The Plan of Improvement must be specific, measurable and for a time period not to exceed six weeks.  If the employee has not met all of the requirements of the plan of improvement by the conclusion of the time period called for in the plan of improvement, the immediate supervisor shall write a new plan of improvement and submit it to the superintendent and the board for action.  Nothing shall preclude the immediate supervisor to write a new plan of improvement and submit it to the superintendent or board for action.  The process enunciated earlier in this policy shall again be followed.  The employee may invoke the grievance procedure on these issues.

If the administration moves for termination of employment of the teacher, the process shall be conducted in accordance with State law. Notice of intent not to renew a contract shall be made in accordance with Idaho Code 33-514 and 33-515A.

The employee is entitled to due process and a hearing by the Board of Trustees.

Legal Reference:
Idaho Code: 33-513, 33-514, 33-515A

Policy History:
Adopted on: January 27, 2004
Revised on: February 21, 2007