Section 16-13-338
Termination of employment.
(a) If the local board, upon the recommendation of the local superintendent, votes to terminate the employment of a participating teacher before the completion of his or her contract without cause, the teacher shall be paid the balance of salary and benefits due for the contract period.
(b) A local board may terminate the contract of a participating teacher for cause at any time, for any of the following reasons:
(1) Immorality.
(2) Insubordination.
(3) Neglect of duty.
(4) Conviction of a felony or a crime involving moral turpitude.
(5) Failure to fulfill the duties and responsibilities of his or her teaching assignment.
(6) Failure to comply with local board policy.
(7) Incompetency.
(8) Justifiable decrease in positions.
(9) Incarceration.
(c)(1) If the local superintendent recommends the termination of the contract of a participating teacher for cause, the local superintendent shall provide written notice of that recommendation and the reasons therefor to the participating teacher. The teacher shall have the right to request an expedited evidentiary hearing before the local board votes on the recommendation. Any such request must be provided to the local superintendent within 10 days of the issuance of the written recommendation to terminate. The participating teacher shall be provided at least 15 days to prepare for the evidentiary hearing. The local superintendent shall provide a court reporter to produce a transcript of the hearing.
(2) If the local board, upon recommendation of the local superintendent, votes to terminate the contract for cause, written notice of that decision shall be provided to the teacher within five days of the local board's decision.
(3) Within 10 days after the date of receipt of notice provided to a participating teacher informing him or her of an action by the local board to terminate the teacher's contract for cause, the teacher may request a review of the local board's decision by filing a petition with the department for an expedited review of the board's decision. The teacher shall provide a copy of the petition to the local superintendent within five days of the filing of the petition with the department. The department shall review the administrative record to determine whether the board had sufficient cause to terminate the participating teacher. At the request of the teacher, the department may convene a hearing, provided no witnesses may testify and no new evidence may be submitted.
(4) The pay and benefits of the teacher shall be continued until such time as the department issues a final order upholding the local board's decision. Should the department determine that the termination was unlawful or without sufficient cause, the department may order the teacher be reinstated under the automatic extension provisions in Section 16-13-337(c) or (e).
(d) In the event a participating teacher's professional educator's certificate is revoked for cause, suspended for cause, or relinquished, the teacher shall be summarily terminated and shall not be subject to the rights, remedies, and procedures provided by this article.
(Act 2021-340, §9.)