Vermont § 1752 - Grounds and procedures for suspension and dismissal

§ 1752. Grounds and procedures for suspension and dismissal

• (a) A teacher under contract to teach in a public school who fails, without just cause,
  to complete the term for which the teacher contracted to teach shall be disqualified
  to teach in any public school for the remainder of the school year. (b) The provisions of subsections (c) and (d) of this section regarding the nonrenewal,
  suspension, and dismissal of teachers shall not apply to a teacher employed under
  the terms of a collective bargaining agreement under chapter 57 of this title that
  provides the teacher just cause rights. The decision to nonrenew, suspend without
  pay, or dismiss a teacher shall be made by the school board. (c) A teacher under contract to teach in a public school whose contract is not to be renewed
  for the ensuing year shall be notified in writing, setting forth the grounds therefor,
  not later than April 15. If the teacher so notified desires a hearing, the teacher
  shall so request in writing to the clerk of the school board. The teacher shall have
  the right to a hearing before the school directors within 15 days, may present witnesses
  and written evidence, and may be represented by counsel. A hearing shall be in executive
  session unless the teacher making the appeal requests or agrees in writing that it
  be open to the public. The school board shall affirm, modify, or reverse the nonrenewal
  and shall issue its decision in writing within five days. In the case of a probationary
  teacher who has received two written performance evaluations per year of probationary
  service, a decision of the board shall be final. The standard for nonrenewal of a
  contract shall be: (1) In the case of a nonprobationary teacher, just and sufficient cause. (2) In the case of a probationary teacher, any reason other than those prohibited by law.
  However, the standard for nonrenewal for a probationary teacher’s contract shall be
  just and sufficient cause if the teacher has not received at least two written performance
  evaluations per year of probationary service. A probationary teacher is a person who
  has been employed as a teacher in Vermont public schools for less than two school
  years. (d) The following provisions shall apply to the suspension or dismissal of a teacher: (1) A superintendent may suspend a teacher under contract on the grounds of incompetence,
  conduct unbecoming a teacher, failure to attend to duties, or failure to carry out
  reasonable orders and directions of the superintendent and school board. (2) The suspension shall be in writing and shall set forth the grounds therefor. Copies
  shall be delivered to the teacher, to the chair, and to the clerk of the board of
  school directors. Thereafter, performance under the teacher’s contract shall be suspended,
  but the teacher shall be paid pro rata to the time of dismissal by the board. (3) The teacher so suspended shall have the right to appeal to the board of school directors
  of the district for review of the decision. Filing a written notice of appeal with
  the clerk of the school board within seven days after the effective date of the suspension
  shall initiate the appeal. The clerk of the board shall forthwith forward a copy of
  the notice of appeal to the superintendent and send to the teacher an acknowledgment
  of receipt of the appeal. (4) The school board to which the appeal is directed shall hear the appeal within 10 days
  after receipt of notification. The teacher and the superintendent shall be advised
  by the clerk of the board of the time and place of hearing by written notice at least
  three days before the date of hearing. (5) All parties shall be entitled to counsel at every stage of the proceedings established
  by this section. Hearings shall be in executive session, unless the teacher making
  an appeal requests or agrees in writing that they be open to the public. A teacher
  making an appeal may waive in writing the right to a hearing. (6) Upon hearing, or if no appeal is taken, the school board shall affirm or reverse the
  suspension or take such other action, including dismissal, as may appear just. If
  the suspension or the dismissal is reversed, the teacher shall not suffer any loss
  of pay, retirement benefits, or any other benefits to which the teacher would otherwise
  have been entitled. (7) The decision of the school board shall be in writing and filed with the clerk of the
  school board not later than five days after the hearing or after the time for taking
  an appeal has expired. The clerk shall within three days notify the superintendent
  and the teacher in writing of the decision. (e) No court action shall lie on the part of a teacher against any school district for
  breach of contract by reason of suspension or dismissal unless the procedures described
  in this section have been followed by the teacher. (f) Every teacher’s contract shall be deemed to contain the provisions of this section,
  and any provision in the contract inconsistent with this section shall be considered
  of no force or effect. (Amended 1963, No. 132; 1975, No. 79; 1997, No. 127 (Adj. Sess.), § 1; 2013, No. 161 (Adj. Sess.), § 72; 2019, No. 131 (Adj. Sess.), § 80; 2021, No. 111 (Adj. Sess.), § 1, eff. May 11, 2022.)