The board of a multidistrict special education unit may dismiss a director prior to the expiration of the individual's contract for any of the following causes: 1. Immoral conduct. 2. Insubordination. 3. Conviction of a felony. 4. Conduct unbecoming the position of a director. 5. Failure to perform contracted duties without justification. 6. Gross inefficiency that the director has failed to correct after written notice. 7. Continuing physical or mental disability that renders the director unfit or unable to perform the director's duties.
15.1-14-15. Multidistrict special education unit - Director - Discharge for cause - Notice of hearing - Legal expenses. 1. If the board of a multidistrict special education unit intends to discharge a director for cause prior to the expiration of the director's contract, the board shall: a. Provide the director with a written description of the reasons for the discharge; and b. Provide the director with written notice specifying the date and time at which the board will conduct a hearing regarding the discharge. 2. If the director chooses to be accompanied by an attorney, the legal expenses attributable to that representation are the responsibility of the director.
15.1-14-16. Multidistrict special education unit - Director - Discharge for cause - Hearing. 1. At the hearing, the director may produce evidence and witnesses to rebut any reasons given by the board of the multidistrict special education unit for its discharge of the director. 2. The hearing must be conducted in accordance with chapter 28-32. 3. All witnesses are subject to cross-examination. 4. Unless otherwise agreed to by the board and the director, the hearing must be conducted as an executive session of the board, except that: a. The director may invite to the hearing any two representatives to speak on behalf of the director and may invite the director's spouse or one other family member. b. The board may invite to the hearing any two representatives to speak on behalf of the board and may invite the unit's business manager. 5. If a continuance is requested by the director, the board shall grant a continuance for a period not in excess of seven days. The board may grant a continuance in excess of seven days upon a showing of good cause.
6. No cause of action for libel or slander may be brought regarding any communication made at an executive session held by the board for the purposes provided in this section.
15.1-14-17. Multidistrict special education unit - Director - Discharge for cause - Report to the education standards and practices board. If the board of a multidistrict special education unit discharges a director for cause, the board shall report the discharge to the education standards and practices board.
15.1-14-18. Multidistrict special education unit - Director - Suspension during discharge proceeding - Compensation. The board of a multidistrict special education unit may suspend a director if, by unanimous vote, the board determines that suspension is appropriate during the period in which a discharge for cause is pursued. If the director is ultimately discharged for cause, the board may determine the amount of compensation, if any, due the director during the period of suspension. If the director is ultimately not discharged, the board may not apply any reduction to the director's salary for the period of suspension.
15.1-14-19. Multidistrict special education unit - Director - Nonrenewal of contract - Reasons - Notice. 1. If the board of a multidistrict special education unit contemplates not renewing the contract of a director who has been employed by the board in that position for at least two consecutive years, the board, on or before April fifteenth, shall: a. Provide written notification of the contemplated nonrenewal to the director. b. Schedule a hearing to be held on or before April twenty-first for the purpose of discussing and acting upon the contemplated nonrenewal. c. Provide written notification of the date, time, and place for the hearing to the director. d. Provide written notification of the reasons for the contemplated nonrenewal to the director. 2. a. The reasons for the contemplated nonrenewal of the director's contract must: (1) Be sufficient to justify the contemplated nonrenewal; (2) Relate to the ability, competence, or qualifications of the director; and (3) Originate from specific findings documented in the formal and written evaluations of the director's performance required by section 15.1-14-13. b. The provisions of this section do not apply if the contemplated nonrenewal is based on a necessary reduction in personnel.
15.1-14-20. Multidistrict special education unit - Director - Nonrenewal of contract - Hearing. 1. At the hearing required by section 15.1-14-19, the board of the multidistrict special education unit shall present testimony or documentary evidence to substantiate the reasons for the contemplated nonrenewal of a director who has been employed by the board in that position for at least two consecutive years. 2. The director may call witnesses and present evidence necessary to refute the reasons for nonrenewal. 3. Each witness appearing on behalf of the board or the director may be questioned for the purpose of clarification. 4. Unless otherwise agreed to by the board and the director, the hearing must be conducted as an executive session of the board, except that: a. The director may invite to the hearing any two representatives to speak on behalf of the director and may invite the director's spouse or one other family member. b. The board may invite to the hearing any two representatives to speak on behalf of the board and may invite the unit's business manager.
5. If the director chooses to be accompanied by an attorney, the legal expenses attributable to that representation are the responsibility of the director. 6. If a continuance is requested by the director, the board shall grant a continuance for a period not in excess of seven days. 7. No cause of action for libel or slander may be brought regarding any communication made at an executive session held by the board for the purposes provided in this section. 8. If, after considering the testimony and evidence presented at the hearing, the board chooses not to renew the contract of the director, the board shall provide written notice of its decision to the director on or before May first.
15.1-14-21. Multidistrict special education unit - Director - Contract - Failure to provide notice of nonrenewal. The contract of a multidistrict special education unit director is deemed to be renewed for a period of one year from its termination date if: 1. On or before April fifteenth, the board of the multidistrict special education unit has not provided written notification to the director regarding a contemplated nonrenewal of the director's contract; and 2. On or before June first, the director has not provided to the board a written resignation.
15.1-14-22. Multidistrict special education unit - Director - Employed for less than two years - Notification of nonrenewal. If the board of a multidistrict special education unit elects not to renew the contract of a director who has been employed by the board in that position for less than two years, the board shall provide written notice of the nonrenewal to the director before May first. At the request of the director, the board shall meet with the director to convey the reasons for the nonrenewal.