nonreemployment - Due process. A. Whenever the school district board of education or the administration of a school district shall determine that the dismissal or nonreemployment of a full-time certified administrator from the administrative position within the school district should be effected, the administrator shall be entitled to the following due process procedures: 1. A statement shall be submitted to the administrator in writing prior to the dismissal or nonreemployment which states the proposed action, lists the reasons for effecting the action, and notifies the administrator of his or her right to a hearing before the school district board of education prior to the action; and 2. A hearing before the school district board of education shall be granted upon the request of the administrator prior to the dismissal or nonreemployment. A request for a hearing shall be submitted to the board of education not later than ten (10) days after the administrator has been notified of the proposed action. B. Failure of the administrator to request a hearing before the school district board of education within ten (10) days after receiving the written statement shall constitute a waiver of the right to a hearing. No decision of the board of education concerning the dismissal or nonreemployment of a full-time certified administrator shall be effective until the administrator has been afforded due process as specified in this section. The decision of the school district board of education concerning the dismissal or nonreemployment, following the hearing, shall be final. C. Beginning with the 2017-2018 school year and thereafter, a principal who has received district evaluation ratings of "ineffective" as measured pursuant to the TLE as set forth in Section 6-101.16 of this title for two (2) consecutive school years may be dismissed or not reemployed by the school district, subject to the due process procedures of this section. Added by Laws 1985, c. 234, § 1, eff. Nov. 1, 1985. Amended by Laws 1986, c. 290, § 1, eff. Nov. 1, 1986. Renumbered from § 6-102.4 of this title by Laws 1989, 1st Ex. Sess., c. 2, § 118, operative July 1, 1990. Amended by Laws 2010, c. 291, § 9, eff. July 1, 2012; Laws 2013, c. 373, § 3; Laws 2015, c. 365, § 3, eff. July 1, 2015; Laws 2016, c. 301, § 3, eff. July 1, 2016.
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