Governing Board Agenda Item

Meeting Date: December 8, 2016

Agenda Item No: J.7

From: Dr. Doug Wilson, Superintendent

Subject: Mr. Andre Perrault

Proposed motion:

I move that the Governing Board rescind the actions it took on November 2, 2016, to adopt
Charges and issue notices of the Boards intent to dismiss and nonrenew the employment
contract of Mr. Andre Perrault. This rescission is undertaken:
Based on the economics of proceeding with a dismissal hearing given the particular
circumstances presented, and
Not as a comment on, or indication of, the strength or weakness of the Charges or any of
the facts referenced in the Charges. Because of the Governing Boards statutorily defined
role in teacher dismissal processes, Governing Board review and/or analysis of the
Charges and the facts contained in the Charges has not yet occurred.
Factors impacting whether it is economically prudent to proceed with a dismissal hearing
concerning Mr. Perrault given the particular circumstances presented are set out on a document
titled Economic Considerations Related to Andre Perrault Dismissal Process, which document
shall be made a part of the minutes of this meeting.
I further move that the Governing Board reissue to Mr. Perrault a new notice of the Governing
Boards intention not to renew his employment contract for the 2017-2018 school year with
revised wording as set forth in the attached letter entitled Notice of Non-Renewal of Teaching
Contract, which notice and reason for nonrenewal shall be deemed incorporated into this
motion.
I further move that the Governing Board authorize and direct the Superintendent to notify Mr.
Perrault of this action by delivering to him a copy of the attached non-renewal letter.
 Economic Considerations Related to Andre Perrault Dismissal Process
Mr. Perrault is not a continuing teacher. If Mr. Perrault was a continuing teacher, his
employment as a continuing teacher in the District would continue indefinitely unless Mr.
Perrault decided not to continue such employment or was dismissed based on the
statutory dismissal process, which process includes Mr. Perraults right to request and be
afforded a full due process hearing.

Because Mr. Perrault is a probationary teacher, the Governing Board can, based on any
legally appropriate reason or reasons, decide not to renew Mr. Perraults employment for
the following school year. In contrast with the statutory dismissal process, the
nonrenewal process does not involve a hearing. Additionally, for the remainder of his
current contract, the administration can assign Mr. Perrault to home with pay.

To proceed with a dismissal hearing, the District would need to retain and compensate
two attorneys from two separate law firms. One attorney would present the evidence in
the case to whoever hears the case (whether that would be the Governing Board or a
separately appointed hearing officer). The other attorney would advise the Board and, if
applicable, advise or function as a separately appointed hearing officer. To ensure an
adequate and accurate recording of the hearing, the District would also need to retain and
compensate a stenographer.

A dismissal hearing would involve the receipt of testimony from a number of witnesses,
some being District employees and others not being District employees. In addition, in
this particular matter, pre-hearing motions, some of which have already been filed, would
need to be addressed by the Board or a separately appointed hearing officer. Finally, a
dismissal hearing would require a number of District administrators to expend
considerable time and effort to prepare for, and/or be witnesses at, the hearing, and one
District administrator would need to attend the entire hearing.

It is anticipated that a dismissal hearing would not be able to be held before mid to late
January at the earliest. The use of a separately appointed hearing officer, as requested by
Mr. Perraults counsel and recommended by the District administration, would likely
delay this timeline because the hearing officer will be required to prepare findings and
recommendations for the Boards review and final determination.

The estimated costs that would be incurred in proceeding with a dismissal hearing appear
likely to exceed the costs of assigning Mr. Perrault to home for the period of time
beginning with the conclusion of the hearing process and continuing through the end of
his current contract. The District has previously notified the Arizona State Department of
Education of certain matters involving Mr. Perrault and cancellation of the dismissal
hearing based on economic considerations would not impact, modify or rescind such
prior notifications.
GOVERNING BOARD ADMINISTRATION
John Lewandowski, President Doug Wilson, Ed.D., Superintendent
Tom Carlson, Vice President Carolyn Dumler, Ed.D., Assistant Superintendent
Suzanne Hopkins, Member Kristin Reidy, Assistant Superintendent
Maribel Lopez, Ed.D., Member Dan Contorno, Chief Financial Officer
Dan Post, Member

December 9, 2016

HAND DELIVERED

Andre Perrault
812 E. Speedway Blvd.
Tucson, AZ 85719

Re: Notice of Non-Renewal of Teaching Contract

Dear Mr. Perrault:

This is to notify you that on December 8, 2016, the Governing Board of Marana Unified School
District voted not to renew your teaching contract for the 2017-2018 school year.

The reason for the Governing Boards decision not to renew your contract is as follows:

In September of 2016, you met with one or more District administrators on at least three
occasions. On one or more of those occasions, you failed to respond to questions posed to you
in a complete, accurate and non-misleading manner.

Your employment with the District will end at the expiration of your current contract. Until your
employment ends, the District administration is assigning you to home. Your assignment to home is
not, and should not be considered to be, discipline.

Sincerely,

Doug Wilson, Ed.D.

Superintendent, for the Governing Board

Inspiring students to learn today and lead tomorrow.

11279 W. Grier Road Marana, Arizona 85653 (520) 682-3243 www.maranausd.org