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.
History: 20-2-114, 20-2-121, MCA; IMP, 20-2-121, 20-4-110, MCA; NEW, 2002 MAR p. 1549, Eff. 5/31/02; TRANS, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 554, Eff. 3/28/03; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15.