Employment

Termination
Presentation by Molly Yerkes

Three Main Areas of

Employment
Termination
1. Dismissal
2. Nonretention
3. Reduction in Force

Alaska Statute 14.20.170

Dismissal
A teacher, including a teacher who has
acquired tenure rights may be dismissed at
any time for the following causes:
1. Incompetency
2. Immorality
3. Substantial Non Compliance

Alaska Statute 14.20. 175

Nonretention-Tenured
A teacher who has acquired tenure rights
is subject to nonretention for the following
school year only for the following causes:
1st the district must establish that the
evaluation process was followed.
1. Teacher performance
2. Immorality
3. Substantial noncompliance

Alaska Statute 14.20.175

Nonretention-Non Tenured

A teacher who has not acquired tenure

rights is subject to nonretention for the
school year following the expiration of the
teachers contract for any cause that the
employer determines to be adequate.
However, at the teachers request, the
teacher is entitled to a written statement
of the cause for nonretention. The boards
of city and borough school districts and
regional attendance areas shall provide by
regulation or bylaw a procedure under
which a nonretained teacher may request
and receive an informal hearing by the
board.

Alaska Statute 14.20.177

Reduction in Force
A school district may implement a layoff plan if it is
necessary for the district to reduce the number of
tenured teachers because:
1. School attendance in the district has decreased;
or
2. The basic need of the school district determined
under AS 14.17.410b decreases by 3% or more
from the previous year.

Alaska Statute
14.20.180 Procedures
Upon Notice of
Dismissal or
Nonretention

Before a teacher is dismissed, the employer

shall:
1. Provide written Notice of proposed
dismissal
2. Provide a pretermination hearing

if
3. After the pretermination meeting the
employer determines dismissal is
appropriate the employer shall:
A. provide written notice, a statement of
cause and a bill of complete particulars of
the decision. The notice must comply with
AS 14.20. 140a.

B. Within 15 days after receipt of a decision of

dismissal or nonretention, a teacher may
notify the employer in writing that the teacher
is requesting a hearing before the school
board or that the teacher is invoking the
grievance proceidures.
C. Upon receipt of a request for a hearing, the
employer shall immediately schedule a
hearing and notify the teacher in writing of
the date, time, and place of the hearing.
D. Upon receipt of a notice invoking the
grievance procedures, the school board shall
immediately schedule an informal hearing
and notify the teacher in writing of the date,
time and place of the meeting.

Alaska Statute 14.20. 140

Notification of Lay Off or
Nonretention
1. If a teacher who has acquired tenure
rights is to be laid off or is to be
nonretained for the following school year
the employer shall notify the teacher of the
layoff or nonretention by writing, delivered
before March 16, or by registered mail
postmarked before March 16th.
2. If a teacher who has not acquired tenure
rights is to be laid off or is to be
nonretained for the following year the
employer shall notify the teacher of the
layoff or nonretention by writing delivered
on or by the last day of the school term or

Fourteenth Amendment
Alaska has very clear dissmisal, non
retention, and reduction in force laws, but
additionally know that the Fourteenth
Amendment ensures that teachers will be
afforded procedural due process when
property or liberty interests are implicated.
At a minimum, the employee is entitled to
notice of the charges and an opportunity to
be heard.

Procedural Due Process Elements

u Notification of charges

u Opportunity to present evidence and witnesses

u Opportunity for a hearing

witnesses

u Opportunity to cross-examine adverse

u Adequate time to prepare a rebuttal to the charges

hearing

u Transcript or record of the

u Access to the evidence and names of witnesses u Opportunity to appeal an adverse

decision
u Hearing before an impartial tribunal
hearing
u Representation by legal counsel

u Decision based on evidence and findings of the

Dont do this!

Educators Constitution Rights

Violation
If educators constitutional rights are
impaired in connection with termination
actions, school officials and school districts
can be held liable for damages. An
individual, however, can recover only
nominal damages for such impairment
unless monetary, emotional, or mental
injury can be proven.