SEPARATION

PROFESSIONAL AND CLASSIFIED PERSONNEL

G-15

In accordance with the Code of Alabama, Students First Act of 2011, §16-24C, all professional and classified personnel remain on probationary status until continuing service status (tenure) is attained, with the exception of contracted principals.

1.      All employees who do not plan to be in service the subsequent year should give written notice to the Superintendent of Schools in the form of a letter of resignation no later than May 1 so that the best replacement can be found.

2.      Probationary classified employees may be terminated at the discretion of the employer upon written recommendation of the superintendent, approval of the Board, and issuance of written notice of termination to the employee at any time on or before the 15^th day of June immediately following the employee’s third consecutive, complete school year of employment, according to the provisions of the Code of Alabama, Students First Act of 2011, §16-24C.  In the first year of each legislative quadrennium, the written notice shall be provided on or before June 30^th.

3.      Probationary professional employees may be terminated at the discretion of the employer upon the written recommendation of the superintendent, approval of the Board, and issuance of written notice of termination to the professional employee on or before the 15^th day of June.  In the first year of each legislative quadrennium, the written notice shall be provided on or before June 30^th.  Probationary professional employees in the third year of employment shall be notified of termination through written notice on or before the last day of the third consecutive, complete school year of employment.  

4.      Tenured professional and non-probationary classified employees may be terminated at any time because of a justifiable decrease in the number of positions or for incompetency, insubordination, neglect of duty, immorality, failure to perform duties in a satisfactory manner, or other good and just cause, subject to the rights and procedures provided in the Code of Alabama, Students First Act of 2011, §16-24C.  However, a vote or decision to approve a recommended termination on the part of the [Board] shall not be made for political or personal reasons.

Termination of a tenured professional employee or non-probationary classified employee shall be initiated by the recommendation of the superintendent by written notice of the proposed termination to the employee.  The notice shall state the reasons for the proposed termination, shall contain a statement of the facts showing that the termination is taken for one or more of the reasons listed in #4 above, and shall be given by United States mail, certified delivery, by private mail carrier for next business day delivery, or by physical delivery to the employee or the last known address of the employee.  Notice by certified or private mail carrier shall be deemed received by the employee and complete for purposes of termination two business days after the notice is deposited for certified delivery in the United States mail or placed with a private mail carrier for next business day delivery.  The employer has the burden of producing evidence that service was affected in the manner described here, but the employee has the burden of proving that such service was not properly made.