§ 15-538 — Preliminary notice of inadequacy of classroom performance; performance improvement plan; adoption of definition

A. The governing board of any school district shall give any certificated teacher notice of intention to dismiss or not to reemploy if such intention is based on charges of inadequacy of classroom performance. The governing board or its authorized representative, at least forty-five instructional days before such notice, shall give the teacher written preliminary notice of inadequacy of classroom performance, specifying the nature thereof with such particularity as to furnish the teacher an opportunity to correct inadequacies and maintain adequate classroom performance as defined by the governing board pursuant to section 15-538, subsection C. A notice of the governing board's intention to dismiss or not to reemploy for inadequacy of classroom performance shall not be issued until the district has completed an observation at the conclusion of a performance improvement plan issued pursuant to subsection B. The governing board may delegate to employees of the governing board the general authority to issue preliminary notices of inadequacy of classroom performance to teachers pursuant to this section without the need for prior approval of each notice by the governing board. In all cases in which an employee of the governing board issues a preliminary notice of inadequacy of classroom performance without prior approval by the governing board, the employee shall report its issuance to the governing board within ten school days. The written notice of intention to dismiss or not to reemploy shall include a copy of any valid evaluation pertinent to the charges made.

B. The preliminary notice of inadequacy of classroom performance shall be accompanied by a performance improvement plan designed to help the teacher correct inadequacies and demonstrate adequate classroom performance.

C. The governing board shall adopt a definition of inadequacy of classroom performance that aligns with the performance classifications. The governing board's definition may set standards that exceed the standards of the performance classifications and applies to notices issued pursuant to sections 15-536 and 15-537 and this section. The governing board shall develop its definition of inadequacy of classroom performance in consultation with its certificated teachers. The consultation may be accomplished by holding a public hearing, forming an advisory committee or providing teachers the opportunity to respond to a proposed definition.