Mont. Admin. R. 10.57.611 - SUBSTANTIAL AND MATERIAL NONPERFORMANCE
(1) A licensed
staff member commits substantial and material nonperformance of an employment
contract pursuant to
20-4-110(1)(g),
MCA, if, after signing a binding contract of employment with a Montana school
district, the licensed staff member substantially and materially breaches such
contract without good cause.
(2) "Good
cause" shall be determined by the board on a case-by-case basis. The following are
examples of good cause:
(a) substantial hardship to
the licensed staff member's family due to a change in employment of the spouse of
the licensed staff member that necessitates a move;
(b) illness of a family member of the licensed
staff member that necessitates a move for purposes of providing for, caring for, or
tending to the ill family member; or
(c)
intolerable working conditions, judged on the same basis as constructive discharge
under Montana law.
(3)
Licensed staff members violating
20-4-110(1)(g),
MCA, may be penalized as follows:
(a) a first
violation committed not more than 30 calendar days prior to the beginning of the
school year may result in a sanction not to exceed placement of a letter of
reprimand in the licensed staff member's public record certification file;
(b) a first violation committed on or after school
starts shall result in a sanction ranging from placement of a letter of reprimand in
the licensed staff member's public record licensure file to temporary suspension of
the licensed staff member's license for not more than 30 days; and
(c) a second or subsequent violation shall result
in a sanction ranging from a temporary suspension of the licensed staff member's
license to revocation of the license.
(4) In determining the severity of the sanction,
if any, the Board of Public Education will consider the following:
(a) any direct, harmful impact on students caused
by the breach of contract;
(b) the
length of prior notice provided to the employing board by the licensed staff member;
and
(c) the impact of the licensed staff
member's breach of contract on the district's compliance with accreditation
standards.
(5) This rule
shall not be construed to either require or to prohibit the board from exercising
its discretion in overseeing discipline of license holders pursuant to
20-4-110(6),
MCA.
Notes
20-2-114, 20-2-121, MCA; IMP, 20-2-121, 20-4-110, MCA;
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