240

EMPLOYEES IN THE OFFICE

OF THE STATE

SUPERINTENDENT OF

EDUCATION

240.1 An individual appointed, or one reappointed, to a position within the Educational Service in the Office of the State Superintendent of Education (OSSE) shall serve without tenure, except for employees:

(a) Organized under a collective bargaining unit;

(b) Appointed before January 1, 1980;

(c) Based at a local public or public charter school or who provide direct services to individual students; or

(d) Serving with tenure as required by court order.

240.2 Except for the State Superintendent of Education and any Excepted Service employees, every employee of OSSE shall be classified as an Educational Service employee.

240.3 An OSSE employee in the Educational Service shall serve a one (1)-year probationary period from his or her date of hire and may be terminated without notice or evaluation. Separation from government service during a probationary period is neither appealable nor grievable.

240.4 Except for those excluded by § 240.1, and notwithstanding § 1602.1, OSSE employees in the Educational Service who have satisfied their probationary period serve “without job tenure” and may be separated for any reason, or no reason at all, provided the employee:

(a) Receives at least a fifteen (15)-day advanced notice of the separation; and

(b) Received at least one (1) performance evaluation, either in writing or verbally, at least thirty (30) days prior to and no longer than six (6) months before the separation.

240.5 An employee referred to in § 240.4 may be terminated without notice or evaluation for the following reasons:

1. (a) Conviction of a felony at any time following submission of an employee's job application;
2. (b) Conviction of any type of crime at any time following submission of an employee's job application when the crime is relevant to the employee's position, job duties, or job activities;
3. (c) Commission of any knowing or negligent material misrepresentation on an employment application or other document given to a government agency;
4. (d) Commission of any on-duty or employment-related act or omission that the employee knew or reasonably should have known is a violation of law; or
5. (e) Commission of any on-duty or employment-related act that is gross insubordination, misfeasance, or malfeasance.

240.6 An employee terminated for non-disciplinary reasons pursuant to § 240.3 may be given separation pay in accordance with § 913.

240.7 Sections 1614 and 1625 shall not apply to employees separated pursuant to § 240.3.

SOURCE: Final Rulemaking published at 68 DCR 2869 (March 19, 2021).