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This entry was published on 2014-09-22
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SECTION 3031
Procedure when tenure not to be granted at conclusion of probationary period or when services to be discontinued
Education (EDN) CHAPTER 16, TITLE 4, ARTICLE 61
§ 3031. Procedure when tenure not to be granted at conclusion of
probationary period or when services to be discontinued. Notwithstanding
any other provision of this chapter: (a) boards of education, trustees
of common school districts and boards of cooperative educational
services shall review all recommendations not to appoint a person on
tenure, and, teachers, administrators and supervisors employed on
probation by any school district or by any board of cooperative
educational services, as to whom a recommendation is to be made that
appointment on tenure not be granted or that their services be
discontinued shall, at least thirty days prior to the board meeting at
which such recommendation is to be considered, be notified of such
intended recommendation and the date of the board meeting at which it is
to be considered. Such teacher, administrator and supervisor may, not
later than twenty-one days prior to such meeting, request in writing
that he be furnished with a written statement giving the reasons for
such recommendation and within seven days thereafter such written
statement shall be furnished. Such teacher, administrator and supervisor
may file a written response to such statement with the district clerk
not later than seven days prior to the date of the board meeting.

(b) Where a board of education, trustees of a common school district,
or board of cooperative educational services votes to reject the
recommendation of a superintendent of schools, district superintendent
or district principal to grant tenure to any teacher, administrator and
supervisor employed on probation, such vote shall be considered advisory
and at least thirty days prior to the board meeting at which such
recommendation is to be finally considered, the board shall notify said
teacher, administrator and supervisor of its intention to deny tenure
and the date of the board meeting at which it will take final action.
Such teacher, administrator and supervisor may, not later than
twenty-one days prior to such meeting, request in writing that he be
furnished with a written statement giving the board's reasons for such
intended action and within seven days thereafter such written statement
should be furnished. Such teacher, administrator and supervisor may file
a written response to such statement with the district clerk not later
than seven days prior to the date of the board meeting.

(c) This section shall not be construed as modifying existing law with
respect to the rights of probationary teachers or the powers and duties
of boards of education, trustees of common school districts or boards of
cooperative educational services, with respect to the discontinuance of
services of teachers, administrators and supervisors or appointments on
tenure of teachers, administrators and supervisors.