Hickman County Board of Education
Descriptor Term:
Descriptor Code:
Issued Date:
5.201
11/02/20
Separation Practices for Non-Tenured
Teachers
Rescinds:
Issued:
5.201
10/05/20
1
SUSPENSION PENDING AN INVESTIGATION 1
2
The director of schools may suspend a teacher at any time that may seem necessary, pending
3
investigation or final disposition of a case before the board or an appeal. If the matter under
4
investigation is not the subject of an ongoing criminal investigation or a department of children's
5
services investigation, and if no charges for dismissal have been made, a suspension pending
6
investigation shall not exceed ninety (90) days in duration. Under no circumstances shall the director
7
of schools suspend a non-tenured teacher with pay. If vindicated or reinstated, the non-tenured teacher
8
shall be paid full salary for the period of suspension.
SUSPENSION OF THREE DAYS OR LESS
2
9
10
A director of schools/designee may suspend a teacher for incompetence, inefficiency, neglect of duty,
11
unprofessional conduct and insubordination. Before an employee is suspended he/she shall be: (1)
12
provided with written notice, including the reasons for the suspension along with an explanation of the
13
evidence; (2) given an opportunity to respond to the director at a recorded conference, if requested
14
within five (5) days; and (3) given a written decision of the suspension within ten (10) days. Both
15
parties may be represented by counsel at the conference, which shall be recorded.
16
DISMISSAL OR SUSPENSION GREATER THAN THREE DAYS
17
The director of schools may dismiss or suspend for more than three days any non-tenured teacher
18
during the contract year for incompetence, inefficiency, insubordination, improper conduct or
19
neglect of duty after giving the non-tenured teacher, in writing, due notice of the charges.
20
The director of schools shall give the non-tenured teacher an opportunity for a full and complete
21
hearing before an impartial hearing officer.
2
22
The Board will appoint an impartial hearing officer to conduct such hearings. The hearing officer will
23
hear the case and the employee shall have the right to:
24
1. be represented by counsel;
25
2. call and subpoena witnesses;
26
3. examine all witnesses; and
27
4. require that all testimony be given under oath.
28
Factual findings and decisions in all dismissal cases shall be reduced to written form and delivered to
29
the affected employee within ten (10) working days following the close of the hearing. The employee
30
may appeal the decision to the Board within ten (10) working days of the hearing officer rendering the
31
written decision to the employee. Written notice of appeal to the Board shall be given to the director of
Version Date: June 14, 2021
Separation Practices for Non-tenured Teachers
5.201
1
schools. Within twenty (20) days' of receipt of notice, the director shall prepare a copy of the
2
proceedings, transcript, documentary and other evidence presented and provide the Board a copy of the
3
same.
4
The Board shall hear the appeal. No new evidence shall be introduced. The non-tenured teacher may
5
appear in person or be represented by counsel and argue why the decision should be modified or
6
reversed. The Board shall take one of the following actions:
7
1. sustain the decision;
8
2. send the record back if additional evidence is necessary; or
9
3. revise the penalty or reverse the decision.
10
Before any decision to dismiss is made, a majority of the membership of the Board shall concur in
11
sustaining the charges. The Board shall render a decision on the appeal within ten (10) working days
12
after the conclusion of the hearing.
13
The director of schools shall also have the right to appeal any adverse ruling by the Hearing Officer in
14
same manner as the non-tenured teacher.
15
Within twenty (20) days after receipt of notice of the decision of the Board, either party may appeal to
16
the chancery court in the county where the school system is located. The Board shall provide the entire
17
record of the hearing to the court.
18
NONRENEWAL
19
Non-tenured teachers are subject to the same rules and regulations and are entitled to the privileges of
20
employment enjoyed by tenured teachers except that they have no claim upon continuing employment
21
or tenure protections.
22
The principal is responsible for discussing deficiencies as part of the evaluation process with the non-
23
tenured teacher and providing assistance for overcoming these deficiencies.
24
The director of schools is under no obligation to re-employ non-tenured teachers at the end of their
25
con- tract period. If the director of schools determines not to renew the contract of a non-tenured
26
teacher, 1 the following action shall be taken:
27
1. The Board shall be notified at the next regular board meeting; and
28
2. Written notice of non-renewal shall be sent to the teacher by certified mail or overnight carrier,
29
or by email within five (5) business days following the last instructional day for the school
30
year.³
31
RESIGNATION
32
A teacher shall give the director of schools notice of resignation at least thirty (30) days before the
33
effective date of the resignation. 4 The Board may waive the thirty (30) days-notice requirement and
34
permit a teacher to resign in good standing.
35
The conditions under which it is permissible to break a contract with the Board are as follows: 5
Page 2 of 4
Separation Practices for Non-tenured Teachers
5.201
1
1. The incapacity on the part of the teacher to perform the contract as evidenced by the certified
2
statement of a physician approved by the Board;
3
2. The release by the Board of the teacher from the contract which the teacher has entered into
4
with the Board.
5
Any teacher on leave shall notify the director of schools in writing at least thirty (30) days' prior to the
6
date of return if the teacher does not intend to return to the position from which he/she has taken leave.
7
Failure to render such notice may be considered a breach of contract. 6
8
Upon a breach of contract, the Board, upon a motion recorded in its minutes, may file a complaint with
9
the State Board of Education and request the suspension of a teacher's certificate. After the State Board
10
of Education has provided the teacher an opportunity for defense during a hearing, the State Board of
11
Education may suspend the certificate for no less than thirty (30) and no more than three hundred
12
sixty-five (365) days. 7
13
RETIREMENT
14
Retirement shall mean a termination of services under conditions which will allow the employee to
15
draw benefits from retirement plans and/or social security benefits.
16
Employees eligible for retirement benefits may elect to retire at any age according to the provisions of
17
the retirement system. Central office personnel shall assist employees in securing retirement benefits;
18
however, it shall be the responsibility of the retiring employee to provide verification of eligibility in
19
writing from TCRS to the central office. It shall be the responsibility of the retiring employee to file for
20
benefits.
21
Employees who retire under TCRS may be employed up to one hundred twenty (120) days per year
22
without loss of retirement benefits. Retired teachers may substitute teach for additional days if the
23
director of schools certifies in writing to the Division of Retirement that no other qualified personnel
24
are available to substitute teach. 8
25
The director of schools may employ teachers retired for at least one year for full-time employment as a
26
kindergarten through twelfth grade teacher on a year-to-year basis. Retirement benefits will not be lost
27
or suspended under certain conditions, which include but are not limited to the following: 9
28
1. The director of schools of the employing system must certify in writing that no other qualified
29
individuals are available to fill the position;
30
2. The Commissioner of Education must certify that the employing school system serves an area
31
that lacks qualified teachers to serve in the position to be filled;
32
3. The retired teacher must hold a valid license and shall not be entitled to tenure status;
33
4. The retired teacher shall not be eligible to accrue additional retirement benefits, accrue leave or
34
receive medical insurance coverage; and
35
5. The salary paid to the retired member shall not be less than the rate of compensation set by the
36
Board for teachers with no experience filling similar positions, nor more than eighty-five
37
percent (85%) of the rate of compensation set by Board for teachers with comparable training
38
and years of experience filling similar positions.
Page 3 of 4
Separation Practices for Non-tenured Teachers
5.201
1
(Note: Nonrenewal of non-tenured teachers after the contract year is not suspension or dismissal and
2
does NOT follow the suspension/dismissal procedures outlined in this policy. Rather, nonrenewal of
3
non-tenured teachers after the contract year follows the nonrenewal procedures outlined in this
4
policy.)
Legal References
Cross References
1.
TCA 49-5-511(a)(3)
Public Hearings 1.401
2.
TCA 49-2-301(b)(1)(GG); TCA 49-5-512
Recommendations and File Transfers 5.203
3.
TCA 49-5-409
4.
TCA 49-5-508
5.
TCA 49-5-411(a)
6.
TCA 49-5-706
7.
TCA 49-5-411(b)(4)
8.
TCA 8-36-805
9.
TCA 8-36-821
Page 4 of 4

## Table 1

|  | Hickman County Board of | Education |  |
| --- | --- | --- | --- |
|  | Descriptor Term: Separation Practices for Non-Tenured | Descriptor Code: 5.201 | Issued Date: 11/02/20 |
|  | Teachers | Rescinds: 5.201 | Issued: 10/05/20 |

## Table 2

| 1 2 | 1. The incapacity on the part of the teacher to perform the contract as evidenced by the certified statement of a physician approved by the Board; |
| --- | --- |
| 3 | 2. The release by the Board of the teacher from the contract which the teacher has entered into |
| 4 | with the Board. |
| 5 | Any teacher on leave shall notify the director of schools in writing at least thirty (30) days' prior to the |
| 6 | date of return if the teacher does not intend to return to the position from which he/she has taken leave. |
| 7 | Failure to render such notice may be considered a breach of contract. 6 |
| 8 | Upon a breach of contract, the Board, upon a motion recorded in its minutes, may file a complaint with |
| 9 | the State Board of Education and request the suspension of a teacher's certificate. After the State Board |
| 10 | of Education has provided the teacher an opportunity for defense during a hearing, the State Board of |
| 11 | Education may suspend the certificate for no less than thirty (30) and no more than three hundred |
| 12 | sixty-five (365) days. 7 |
| 13 | RETIREMENT |
| 14 | Retirement shall mean a termination of services under conditions which will allow the employee to |
| 15 | draw benefits from retirement plans and/or social security benefits. |
| 16 | Employees eligible for retirement benefits may elect to retire at any age according to the provisions of |
| 17 | the retirement system. Central office personnel shall assist employees in securing retirement benefits; |
| 18 | however, it shall be the responsibility of the retiring employee to provide verification of eligibility in |
| 19 | writing from TCRS to the central office. It shall be the responsibility of the retiring employee to file for |
| 20 | benefits. |
| 21 | Employees who retire under TCRS may be employed up to one hundred twenty (120) days per year |
| 22 | without loss of retirement benefits. Retired teachers may substitute teach for additional days if the |
| 23 | director of schools certifies in writing to the Division of Retirement that no other qualified personnel |
| 24 | are available to substitute teach. 8 |
| 25 26 27 | The director of schools may employ teachers retired for at least one year for full-time employment as a kindergarten through twelfth grade teacher on a year-to-year basis. Retirement benefits will not be lost or suspended under certain conditions, which include but are not limited to the following: 9 |
| 28 29 | 1. The director of schools of the employing system must certify in writing that no other qualified individuals are available to fill the position; |
| 30 31 | 2. The Commissioner of Education must certify that the employing school system serves an area that lacks qualified teachers to serve in the position to be filled; |
| 32 | 3. The retired teacher must hold a valid license and shall not be entitled to tenure status; |
| 33 34 | 4. The retired teacher shall not be eligible to accrue additional retirement benefits, accrue leave or receive medical insurance coverage; and |
| 35 36 37 38 | 5. The salary paid to the retired member shall not be less than the rate of compensation set by the Board for teachers with no experience filling similar positions, nor more than eighty-five percent (85%) of the rate of compensation set by Board for teachers with comparable training and years of experience filling similar positions. |

## Table 3

| Legal References | Cross References |
| --- | --- |
| 1. TCA 49-5-511(a)(3) 2. TCA 49-2-301(b)(1)(GG); TCA 49-5-512 3. TCA 49-5-409 4. TCA 49-5-508 5. TCA 49-5-411(a) 6. TCA 49-5-706 7. TCA 49-5-411(b)(4) 8. TCA 8-36-805 9. TCA 8-36-821 | Public Hearings 1.401 Recommendations and File Transfers 5.203 |