Common use of No person who Clause in Contracts

No person who. has qualified as a permanent employee in the public free schools of Volusia County shall be thereafter dismissed or not re-employed for any subsequent year in such public free schools except for one or more of the following causes: immoral or unprofessional conduct, or for failure to cooperate with supervisors or school boards or school faculty, or any or all of them; dishonesty, incompetence, or failure to preserve discipline or to transmit proper instruction, or willful neglect of school duties, notable failure to make professional advancement by failing to attend a college of recognized standing by the department of education, earning at least six (6) semester hours credit under the following classifications: teacher not having bachelor's degree, once every three (3) years; teachers having bachelor's degree, once every five (5) years; teacher having master's degree, once every five (5) years with privilege of auditing courses; that in lieu of attending a college of recognized standing by the department of education in accordance with the requirements of this section, any teacher may earn equivalent district in-service education points or secure permission from the district school board to travel, setting forth the proposed travel, which must be of an educational nature, and the school board shall approve such application at a regular or called meeting, and the record of its proceedings upon such application recorded in its minutes; persistent violation of, or refusal to obey the laws of the state relating to schools, or reasonable regulations prescribed for the government of the public free schools of the state, or for failure to carry out local school regulations not in conflict with state laws; or for physical or mental disability to perform the functions or the duties of the office; excessive or unreasonable absence from duties in preceding year; chronic illness; conviction of a felony; or for habitual use of alcohol or intoxication. Before any dismissal for cause of failure to re-employ for any subsequent year in pursuance of the foregoing provisions shall be effective, the school board shall give at least twenty (20) days notice by registered mail to the teacher at his or her address as appears in the records of the school board, enclosing a complete copy of the charges preferred against such teacher on which it is proposed to base such dismissal or failure to re-employ, which notice shall state the time when, the place where, the school board shall hear the charges. At the time and place stated in the notice, the school board shall conduct a public hearing on such charges and shall hear evidence justifying such dismissal or failure to re-employ. Thereafter, the employee shall have the right to present such evidence as she or he may desire in rebuttal thereof and shall have the right of representation by counsel. Only evidence under oath or affirmation shall be received at such hearing and both the school board and the employee shall have the right to introduce witnesses. Full cross-examination of all witnesses shall be permitted and the hearing shall be taken down by a competent reporter and transcribed and filed in the office of the superintendent of schools. The written finding of a majority vote of the school board that one or more of the causes mentioned above exist, shall be essential to and sufficient to dismiss or fail to re-employ such employee after such hearing. The employee shall have the right to appeal the decision of the school board to the board of education whose decision shall be final. The board of education shall furnish to the dismissed employee within ten (10) days after request is made thereof and without charge a certified copy of all charges filed, testimony taken thereon, and orders entered in the matter. Nothing herein shall prejudice the right of the employing unit to re-employ the teacher on probation, except a sustained charge of immorality; nor the right of the teacher to voluntarily accept classification as probationary employee. Such employee shall not come within the purview of this act during such period of probation.

No person who. has qualified as a permanent employee in the public free schools of Volusia County shall be thereafter dismissed or not re-employed for any subsequent year in such public free schools except for one or more of the following causes: immoral or unprofessional conduct, or for failure to cooperate with supervisors or school boards or school faculty, or any or all of them; dishonesty, incompetence, or failure to preserve discipline or to transmit proper instruction, or willful neglect of school duties, notable failure to make professional advancement by failing to attend a college of recognized standing by the department of education, earning at least six (6) semester hours credit under the following classifications: teacher not having bachelor's degree, once every three (3) years; teachers having bachelor's degree, once every five (5) years; teacher having master's degree, once every five (5) years with privilege of auditing courses; that in lieu of attending a college of recognized standing by the department of education in accordance with the requirements of this section, any teacher may earn equivalent district in-service education points or secure permission from the district school board to travel, setting forth the proposed travel, which must be of an educational nature, and the school board shall approve such application at a regular or called meeting, and the record of its proceedings upon such application recorded in its minutes; persistent violation of, or refusal to obey the laws of the state relating to schools, or reasonable regulations prescribed for the government of the public free schools of the state, or for failure to carry out local school regulations not in conflict with state laws; or for physical or mental disability to perform the functions or the duties of the office; excessive or unreasonable absence from duties in preceding year; chronic illness; conviction of a felony; or for habitual use of alcohol or intoxication. Before any dismissal for cause of failure to re-employ for any subsequent year in pursuance of the foregoing provisions shall be effective, the school board shall give at least twenty (20) days notice by registered mail to the teacher at his or her address as appears in the records of the school board, enclosing a complete copy of the charges preferred against such teacher on which it is proposed to base such dismissal or failure to re-employ, which notice shall state the time when, the place where, the school board shall hear the charges. At the time and place stated in the notice, the school board shall conduct a public hearing on such charges and shall hear evidence justifying such dismissal or failure to re-employ. Thereafter, the employee shall have the right to present such evidence as she or he may desire in rebuttal thereof and shall have the right of representation by counsel. Only evidence under oath or affirmation shall be received at such hearing and both the school board and the employee shall have the right to introduce witnesses. Full cross-examination of all witnesses shall be permitted and the hearing shall be taken down by a competent reporter and transcribed and filed in the office of the superintendent of schools. The written finding of a majority vote of the school board that one or more of the causes mentioned above exist, shall be essential to and sufficient to dismiss or fail to re-re- employ such employee after such hearing. The employee shall have the right to appeal the decision of the school board to the board of education whose decision shall be final. The board of education shall furnish to the dismissed employee within ten (10) days after request is made thereof and without charge a certified copy of all charges filed, testimony taken thereon, and orders entered in the matter. Nothing herein shall prejudice the right of the employing unit to re-employ the teacher on probation, except a sustained charge of immorality; nor the right of the teacher to voluntarily accept classification as probationary employee. Such employee shall not come within the purview of this act during such period of probation.

No person who. has qualified as a permanent employee in the public free schools of Volusia County shall be thereafter dismissed or not re-employed for any subsequent year in such public free schools except for one or more of the following causes: immoral or unprofessional conduct, or for failure to cooperate with supervisors or school boards or school faculty, or any or all of them; dishonesty, incompetence, or failure to preserve discipline or to transmit proper instruction, or willful neglect of school duties, notable failure to make professional advancement by failing to attend a college of recognized standing by the department of education, earning at least six (6) semester hours credit under the following classifications: teacher not having bachelor's degree, once every three (3) years; teachers having bachelor's degree, once every five (5) years; teacher having master's degree, once every five (5) years with privilege of auditing courses; that in lieu of attending a college of recognized standing by the department of education in accordance with the requirements of this section, any teacher may earn equivalent district in-service education points or secure permission from the district school board to travel, setting forth the proposed travel, which must be of an educational nature, and the school board shall approve such application at a regular or called meeting, and the record of its proceedings upon such application recorded in its minutes; persistent violation of, or refusal to obey the laws of the state relating to schools, or reasonable regulations prescribed for the government of the public free schools of the state, or for failure to carry out local school regulations not in conflict with state laws; or for physical or mental disability to perform the functions or the duties of the office; excessive or unreasonable absence from duties in preceding year; chronic illness; conviction of a felony; or for habitual use of alcohol or intoxication. Before any dismissal for cause of failure to re-employ for any subsequent year in pursuance of the foregoing provisions shall be effective, the school board shall give at least twenty (20) days days’ notice by registered mail to the teacher at his or her address as appears in the records of the school board, enclosing a complete copy of the charges preferred against such teacher on which it is proposed to base such dismissal or failure to re-employ, which notice shall state the time when, the place where, the school board shall hear the charges. At the time and place stated in the notice, the school board shall conduct a public hearing on such charges and shall hear evidence justifying such dismissal or failure to re-employ. Thereafter, the employee shall have the right to present such evidence as she or he may desire in rebuttal thereof and shall have the right of representation by counsel. Only evidence under oath or affirmation shall be received at such hearing and both the school board and the employee shall have the right to introduce witnesses. Full cross-examination of all witnesses shall be permitted permitted, and the hearing shall be taken down by a competent reporter and transcribed and filed in the office of the superintendent of schools. The written finding of a majority vote of the school board that one or more of the causes mentioned above exist, shall be essential to and sufficient to dismiss or fail to re-re- employ such employee after such hearing. The employee shall have the right to appeal the decision of the school board to the board of education whose decision shall be final. The board of education shall furnish to the dismissed employee within ten (10) days after request is made thereof and without charge a certified copy of all charges filed, testimony taken thereon, and orders entered in the matter. Nothing herein shall prejudice the right of the employing unit to re-employ the teacher on probation, except a sustained charge of immorality; nor the right of the teacher to voluntarily accept classification as probationary employee. Such employee shall not come within the purview of this act during such period of probation.