NWESD Policy Manual & Administrative Procedures

5280 – Separation from Employment

Under Washington law, the Superintendent has the authority to issue an appropriate notice of probable cause for discharge or nonrenewal to any certificated staff member. The Board of Directors will consider the notice of probable cause for a certificated staff member, or the Superintendent’s recommendation regarding the discharge of a classified staff member, and render a decision regarding the discharge or nonrenewal. A notice of discharge will include notice of any appeal rights the employee may have and notice of the appeal processes.

Per NWESD 189 policy, staff members are entitled to payment for unused or accrued annual leave upon discharge, retirement, or death. Sick leave buy-out is also authorized under limited circumstances in Board policy.

The hourly rate of compensation for this purpose will be the annual salary divided by the number of expected work hours [work days times eight (8) hours per day] during a normal work year. The number of work days during a year will normally be 260 less the employee’s holiday and annual leave days. For employees working less than full time, the rate will be calculated by dividing the annual salary by the number of days, using the number of hours per day contracted, less holidays and annual vacation days if included in the contracted days.

The maximum of such payment for annual leave is for thirty (30) days of accrued leave by prior arrangement with the Superintendent. Annual leave may not be paid if it would result in the NWESD 189 receiving a penalty from the Washington State Retirement Systems.

Certificated Staff Member Release from Contract

Upon request, a certificated staff member may be released from contract under the following conditions:

1. A written letter requesting release will be submitted to the Superintendent’s office. If accepted, the staff member may be released from contract.
2. A release from contract may be granted by the Superintendent to allow a staff member to accept another position prior to or during the year provided a satisfactory replacement can be obtained.
3. A release from contract may be granted by the Superintendent in case of illness or other personal matters which make it a substantial hardship for the staff member to continue his/her employment in the NWESD 189.
4. Each request will be reviewed and a decision rendered based on the totality of the circumstances. The needs of the NWESD 189, its member districts, and continuity of the programs offered will receive primary consideration in the Superintendent’s decision.

Resignation

In order to permit proper staff planning and to minimize inconvenience to others who may be affected, certificated staff who plan to resign at the end of their contract period are requested to notify the Superintendent of their resignation or retirement by April 1.

Those staff who are not contractually obligated to complete the current year should notify the Superintendent as early as possible of their intent to resign and no less than thirty (30) days prior to their last working day.

Retirement

Staff will participate in the retirement programs under the federal Social Security Act and the Washington State Teachers’ Retirement System, the Public Employees’ Retirement System, or School Employees’ Retirement System. Payroll deductions will be made and paid into the respective retirement programs in the manner prescribed by law.

Staff who become eligible to retire under the controlling retirement system and who intend to retire at the end of the current year should notify the Superintendent prior to April 1st of that year.

Those staff intending to retire who are not contractually obligated to complete the current school year should notify the Superintendent as early as possible and no less than thirty (30) days prior to their retirement date.

Program and Staff Reductions

The Board determines the educational and operational programs for the NWESD 189. Program and staff reductions may be required as a result of many factors, including but not limited to cooperative program participation, programmatic needs or interests, a change in staffing needs,, or other events resulting in reduction in revenue, increase in costs, and/or or termination or reduction of funding of categorically-funded projects. The Board will review appropriate information and, based on administrative recommendations, identify those educational programs and services which will be reduced, modified, or eliminated.

Staff whose positions are impacted by a board-approved layoff or reduction in force may be permitted, at the NWESD 189’s discretion, to voluntarily separate from employment pursuant to the approved plan. Any such voluntary separation must be accepted in writing by the NWESD 189 and implemented in accordance with applicable law and board policy.

The NWESD 189 does not make determinations regarding employee eligibility for unemployment benefits. Eligibility for unemployment benefits is determined solely by the appropriate state agency pursuant to applicable law.

First Reading:

Second Reading: 08/27/84 (as 4410, 4420, 4440, 5280)
Revised: 02/26/92 (as 4410, 4420, 4440, 5280)
First Reading: 04/24/96 (as 4570)
Second Reading: 05/22/96 (as 4570)
Revised: 05/23/01 (recodified 5280)
Revised: 08/27/03
Revised: 04/24/13
Revised: 01/27/16
Revised: 08/25/26

Reference:

RCW 28A.310.180
RCW 28A.310.200
RCW 28A.310.220
RCW 28A.310.250
RCW 28A.310.260
RCW 28A.400.300
RCW 28A.400.320
RCW 28A.400.340
RCW 28A.405.100
RCW 28A.405.140
RCW 28A.405.210
RCW 28A.405.220
RCW 28A.405.300
RCW 28A.405.310
RCW 28A.405.470
RCW 28A.410.090
RCW 41.32.240
RCW 41.33.020(6)
RCW 41.40.023
RCW 41.41
WAC 181-86
WAC 181-87
WAC 392-191

Cross Reference:

Policy 5240
Policy 5281

Date Revised: 8/25/26