15-538. Preliminary notice of inadequacy of
classroom performance
A. The governing board of any school district shall give any certificated teacher
who has not been employed by the school district for more than the major portion of three
consecutive school years notice of intention to dismiss or not to reemploy if such
intention is based on charges of inadequacy of classroom performance as defined by the
governing board pursuant to section 15-539, subsection D. The governing board, or its
authorized representative, shall, at least ninety days prior to such notice, give the
teacher written preliminary notice of his inadequacy, specifying the nature thereof with
such particularity as to furnish the teacher an opportunity to correct his inadequacies
and overcome the grounds for such charge. 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 five school days. The written notice of intention to dismiss
or not to reemploy shall include a copy of any evaluation pertinent to the charges made
and filed with the governing board.
B. If the preliminary notice required in subsection A of this section is issued as
a result of an intention to dismiss, such preliminary notice shall be given at least
ninety days prior to service of notice of the intention to dismiss. If the preliminary
notice is issued as a result of an intention not to reemploy, such preliminary notice
shall be given no later than January 15.
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