SERIES 4000: DISTRICT EMPLOYMENT
4400 Professional Staff
4408 Termination
This Policy must be implemented consistent with Policy 1101.
A. Probationary Teachers
For purposes of this Policy, the “termination” of a probationary teacher occurs when the probationary teacher is discharged during the term of an existing individual employment contract between the probationary teacher and the Board. Discontinuation of a probationary teacher’s employment at the expiration of an individual employment contract is not termination for purposes of this Policy and is addressed separately in Policy 4409.
The Board may terminate a probationary teacher for misconduct, inappropriate behavior, performance that is not effective, or for any other lawful reason at any time.
The Superintendent or designee may recommend the termination of a probationary teacher to the Board. The recommendation will include the reason(s) for the proposed termination.
Probationary teachers recommended for termination by the Superintendent or designee will be provided advance notice of the allegations; an opportunity for a hearing in closed or open session before the Board; and the time, date, and location of the Board hearing.
B. Tenured Teachers
The Superintendent or designee may recommend the termination of a tenured teacher by filing tenure charges with the Board. The Board will consider whether to proceed on the tenure charges or modify the charges. A tenured teacher may be terminated for a reason that is not arbitrary or capricious.
The tenured teacher may challenge the Board’s decision to discharge or demote the teacher by timely filing an appeal with the State Tenure Commission.
C. Non-Teaching Professionals
Unless otherwise provided by a collective bargaining agreement or individual employment contract: (1) a Non-Teaching Professional who is not subject to the Teachers’ Tenure Act is subject to 5 years of probationary service and may be non-renewed or terminated at-will by the Board; and (2) after 5 years, the non-probationary Non-Teaching Professional may be terminated for any reason that is not arbitrary or capricious, subject to due process.
The Superintendent or designee may recommend the termination of a Non-Teaching Professional to the Board. The recommendation will include the reason(s) for the proposed termination.
Non-Teaching Professionals recommended for termination by the Superintendent or designee will be provided advance written notice of the allegations; an opportunity for a hearing in closed or open session before the Board; and the time, date, and location of the Board hearing.
Legal authority: MCL 38.83(2), 38.101, 38.121
Date adopted: 08/09/21
Date revised: 12/19/23
