§ 21-7-110 — Suspension or dismissal of teachers; notice; hearing; independent hearing officer; board review and decision; appeal

Wyoming § 21-7-110

• Jurisdiction: Wyoming
• Title 21: Education
• Ch. 7: TEACHERS AND EMPLOYEES
• Art. 1: TEACHER CONTRACTS

Text

(a) The board may suspend or dismiss any teacher, or
terminate any continuing contract teacher, for any of the
following reasons:
(i) Incompetency;
(ii) Neglect of duty;
(iii) Immorality including, without limitation,
engaging in conduct with a student which would be a violation of
W.S. 6-2-314 through 6-2-318, 12-6-101(a) or 35-7-1036;
(iv) Insubordination;
(v) Physical incapacity to perform job duties even
with reasonable accommodation;
(vi) Failure to perform duties in a satisfactory
manner;
(vii) Repealed by Laws 2019, ch. 84, § 2.
(viii) Conviction of a felony; and
(ix) Any other good or just cause relating to the
educational process.
(b) Suspension or dismissal proceedings shall be initiated
by the superintendent or any member of the board designated by
the superintendent or designated by the board pursuant to a
majority vote of the board delivering to the teacher a written
notice of suspension or dismissal, together with written
reasons.
(c) Any continuing contract teacher receiving notice of a
recommendation of termination under W.S. 21-7-106(a), or any
teacher against whom dismissal or suspension proceedings are
instituted, is entitled to a hearing before an independent
hearing officer provided through the office of administrative
hearings on the recommendation for termination or the reasons
for dismissal or suspension, upon submission of a written
request to the superintendent. The request for hearing shall be
given within seven (7) days after receipt of notice of
termination under W.S. 21-7-106(a) or after receiving notice of
dismissal or suspension under subsection (b) of this section.
Expenses of the hearing officer shall be paid by the school
district in accordance with W.S. 9-2-2202(b)(ii).
(d) Within five (5) days after selection, the hearing
officer shall set the date for hearing and notify the teacher
and superintendent of the hearing date, time and location. In
no event shall the hearing commence on a date later than
forty-five (45) days after notice under W.S. 21-7-106(a) or
subsection (b) of this section, as applicable. The hearing
shall be conducted in accordance with contested case procedures
specified under W.S. 9-2-2202(b). All school district records
pertaining to the teacher shall be made available to the hearing
officer.
(e) At the hearing, the superintendent shall have the
burden of proving that the recommendation for termination is
based upon reasons provided in the notice of termination
submitted pursuant to W.S. 21-7-106(a) or that suspension or
dismissal is based upon reasons specified in the notice given
under subsection (b) of this section, as applicable.
(f) Repealed by Laws 2011, Ch. 182, § 2.
(g) The board shall review the findings of fact and
recommendation submitted by the hearing officer and within
twenty (20) days after receipt, issue a written order to either
terminate, suspend or dismiss the teacher, or to retain the
teacher. If the board terminates, suspends or dismisses the
teacher's employment over a recommendation by the hearing
officer for retention, the written order of the board shall
include a conclusion together with reasons supported by the
record. A copy of the order shall be provided to the teacher
and a copy shall be entered into the school district records
pertaining to the teacher. Any action by the board pursuant to
this subsection shall be approved by a majority of the duly
elected members of the board.
(h) Appeals may be taken from the order of the board to
the district court as provided by the Wyoming Administrative
Procedure Act. An electronic recording of hearing proceedings
may serve as the official transcript but upon appeal, the
district court may request a written transcript of the
proceedings or any portion of the proceedings. The cost of
transcribing the record shall be borne equally by the teacher
and the school district.