Text: HSB00606 Text: HSB00608 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 260C.39, unnumbered paragraph 3, Code 1 2 Supplement 1997, is amended to read as follows: 1 3 The terms of employment of personnel, for the academic year 1 4 following the effective date of the agreement to combine the 1 5 merged areas shall not be affected by the combination of the 1 6 merged areas, except in accordance with the procedures under 1 7 sections 279.15 to279.18279.17 and section 279.24, to the 1 8 extent those procedures are applicable, or under the terms of 1 9 the base bargaining agreement. The authority and 1 10 responsibility to offer new contracts or to continue, modify, 1 11 or terminate existing contracts pursuant to any applicable 1 12 procedures under chapter 279, shall be transferred to the 1 13 acting, and then to the new, board of the combined merged area 1 14 upon certification of a favorable vote to each of the merged 1 15 areas affected by the agreement. The collective bargaining 1 16 agreement of the merged area receiving the greatest amount of 1 17 general state aid shall serve as the base agreement for the 1 18 combined merged area and the employees of the merged areas 1 19 which combined to form the new combined merged area shall 1 20 automatically be accreted to the bargaining unit from that 1 21 former merged area for purposes of negotiating the contracts 1 22 for the following years without further action by the public 1 23 employment relations board. If only one collective bargaining 1 24 agreement is in effect among the merged areas which are 1 25 combining under this section, then that agreement shall serve 1 26 as the base agreement, and the employees of the merged areas 1 27 which are combining to form the new combined merged area shall 1 28 automatically be accreted to the bargaining unit of that 1 29 former merged area for purposes of negotiating the contracts 1 30 for the following years without further action by the public 1 31 employment relations board. The board of the combined merged 1 32 area, using the base agreement as its existing contract, shall 1 33 bargain with the combined employees of the merged areas that 1 34 have agreed to combine for the academic year beginning with 1 35 the effective date of the agreement to combine merged areas. 2 1 The bargaining shall be completed by March 15 prior to the 2 2 academic year in which the agreement to combine merged areas 2 3 becomes effective or within one hundred eighty days after the 2 4 organization of the acting board of the new combined merged 2 5 area, whichever is later. If a bargaining agreement was 2 6 already concluded in the former merged area which has the 2 7 collective bargaining agreement that is serving as the base 2 8 agreement for the new combined merged area, between the former 2 9 merged area board and the employees of the former merged area, 2 10 that agreement is void, unless the agreement contained 2 11 multiyear provisions affecting academic years subsequent to 2 12 the effective date of the agreement to form a combined merged 2 13 area. If the base collective bargaining agreement contains 2 14 multiyear provisions, the duration and effect of the agreement 2 15 shall be controlled by the terms of the agreement. The 2 16 provisions of the base agreement shall apply to the offering 2 17 of new contracts, or the continuation, modification, or 2 18 termination of existing contracts between the acting or new 2 19 board of the combined merged area and the combined employees 2 20 of the new combined merged area. 2 21 Sec. 2. Section 275.33, subsection 1, Code 1997, is 2 22 amended to read as follows: 2 23 1. The terms of employment of superintendents, principals, 2 24 and teachers, for the school year following the effective date 2 25 of the formation of the new district shall not be affected by 2 26 the formation of the new district, except in accordance with 2 27 the provisions of sections 279.15 to279.18279.17 and 279.24 2 28 and the authority and responsibility to offer new contracts or 2 29 to continue, modify, or terminate existing contracts pursuant 2 30 to sections 279.12, 279.13, 279.15 to 279.21, 279.23, and 2 31 279.24 for the school year beginning with the effective date 2 32 of the reorganization shall be transferred from the boards of 2 33 the existing districts to the board of the new district on the 2 34 third Tuesday of January prior to the school year the 2 35 reorganization is effective. 3 1 Sec. 3. Section 279.15, Code 1997, is amended to read as 3 2 follows: 3 3 279.15 NOTICE OF TERMINATION – REQUEST FOR HEARING. 3 4 1. The superintendent or the superintendent's designee 3 5 shall notify the teacher not later thanApril 30March 15 that 3 6 the superintendentwill recommend in writingrecommends to the 3 7 boardat a regular or special meeting of the board, held not3 8later than May 15,that the teacher's continuing contract be 3 9 terminated effective at the end of the current school year. 3 10 However, if the district is subject to reorganization under 3 11 chapter 275, the notification shall not occur until after the 3 12 first organizational meeting of the board of the newly formed 3 13 district. 3 14 2. Notification of recommendation of termination of a 3 15 teacher's contract shall be in writing, signed by the 3 16 superintendent and the presiding officer of the board, and 3 17 shall be personally delivered to the teacher, or mailed by3 18certified mail. The notification shall be complete when 3 19 received by the teacher. The notification and the 3 20 recommendation to terminate shall contain a short and plain 3 21 statement of the reasons, which shall be for just cause, why 3 22 the recommendation is being made.The notification shall be3 23given at or before the time the recommendation is given to the3 24board.3 25 3. As a part of the termination proceedings, the teacher's 3 26 complete personnel file of employment by that board shall be 3 27 available to the teacher, which file shall contain a record of 3 28 all periodic evaluations between the teacher and appropriate 3 29 supervisors. 3 30 4. Within five days of the receipt of the written notice 3 31 that the superintendentis recommendingrecommends termination 3 32 of the contract, the teacher may request, in writing to the 3 33 secretary of the board, a private hearing withthe boardan 3 34 adjudicator selected in accordance with section 279.17. The 3 35 private hearing shall not be subject to chapter 21 and shall 4 1 be held no sooner thantentwenty days and no later than 4 2twentythirty days following the receipt of the request unless 4 3 the parties otherwise agree. The secretary of the board shall 4 4 notify the teacher in writing of the date, time, and location 4 5 of the private hearing, and at leastfiveten days before the 4 6 hearing shall also furnish to the teacher any documentation 4 7 which may be presentedtoby the superintendent and the board 4 8 at the private hearing and a list of persons who may address 4 9 theboardadjudicator in support of the superintendent's 4 10 recommendation at the private hearing. At least three days 4 11 before the hearing, the teacher shall provide any 4 12 documentation the teacher expects to present at the private 4 13 hearing, along with the names of any persons who may address 4 14 the board on behalf of the teacher. This exchange of 4 15 information shall be at the time specified unless otherwise 4 16 agreed. 4 17 Sec. 4. Section 279.16, Code 1997, is amended to read as 4 18 follows: 4 19 279.16 PRIVATE HEARING – DECISION – RECORD. 4 20 1. The participants at the private hearing shall beat4 21least a majority of theinterested members of the board,their4 22legal representatives,if any, the superintendent, the 4 23 superintendent's designated representatives, if any, the 4 24 teacher's immediate supervisor, the teacher, the teacher's 4 25 representatives, if any, and the witnesses for the parties. 4 26 The evidence at the private hearing shall be limited to the 4 27 specific reasons stated in the superintendent's notice of 4 28 recommendation of termination. No participant in the hearing 4 29 shall be liable for any damages to any person if any statement 4 30 at the hearing is determined to be erroneous as long as the 4 31 statement was made in good faith. The superintendent shall 4 32 present evidence and argument on all issues involved and the 4 33 teacher may cross-examine, respond and present evidence and 4 34 argument in the teacher's behalf relevant to all issues 4 35 involved. Evidence may be by stipulation of the parties and 5 1 informal settlement may be made by stipulation, consent, or 5 2 default or by any other method agreed upon by the parties in 5 3 writing. The board shall employ a certified shorthand 5 4 reporter to keep a record of the private hearing.The5 5proceedings or anyAny partthereofof the proceedings shall 5 6 be transcribed at the request of either party with the expense 5 7 of transcription charged to therequesting partyschool 5 8 district. 5 9 2. Thepresiding officer of the boardadjudicator may 5 10 administer oaths in the same manner and with like effect and 5 11 under the same penalties as in the case of magistrates 5 12 exercising criminal or civil jurisdiction. Theboard5 13 adjudicator shall cause subpoenas to be issued forsuch5 14 witnesses and the production ofsuchany books and papersas5 15eitherthe board or the teacher may designate. The subpoenas 5 16 shall be signed by thepresiding officer of the board5 17 adjudicator. 5 18 3. In case a witness is duly subpoenaed and refuses to 5 19 attend, or in case a witness appears and refuses to testify or 5 20 to produce required books or papers, theboardadjudicator 5 21 shall, in writing, report such refusal to the district court 5 22 of the county in which the administrative office of the school 5 23 district is located, and the court shall proceed with the 5 24 person or witness as though the refusal had occurred in a 5 25 proceeding legally pending before the court. 5 26The board shall not be bound by common law or statutory5 27rules of evidence or by technical or formal rules of5 28procedure, but it shall hold the hearing in such manner as is5 29best suited to ascertain and conserve the substantial rights5 30of the parties. Process and procedure under sections 279.135 31to 279.19 shall be as summary as reasonably may be.5 32 4. At the conclusion of the private hearing, the 5 33 superintendent and the teacher may file written briefs and 5 34 arguments with theboardadjudicator within three days or such 5 35 other time as may be agreed upon. 6 1 5. If the teacher fails to timely request a private 6 2 hearing or does not appear at the private hearing, the board 6 3 may proceed and make a determination upon the superintendent's 6 4 recommendation. If the teacher fails to timely file a request 6 5 for a private hearing, the determination shall be not later 6 6 thanMay 31April 15. If the teacher fails to appear at the 6 7 private hearing, the determination shall be not later than 6 8 five days after the scheduled date for the private hearing. 6 9 The board shall convene in open session and by roll call vote 6 10 determine the termination or continuance of the teacher's 6 11 contract. 6 12 6.Within five days after the private hearing, the board6 13shall, in executive session, meet to make a final decision6 14upon the recommendation and the evidence as herein provided.6 15 Theboardadjudicator shall also consider any written brief 6 16 and arguments submitted by the superintendent and the teacher. 6 17 7. The record for a private hearing shall include the 6 18 following: 6 191.a. All pleadings, motions and intermediate rulings. 6 202.b. All evidence received or considered and all other 6 21 submissions. 6 223.c. A statement of all matters officially noticed. 6 234.d. All questions and offers of proof, objections and 6 24 rulings thereon. 6 255.e. All findings and exceptions. 6 266.f. Any decision, opinion, or conclusion by the board. 6 277.g. Findings of fact shall be based solely on the 6 28 evidence in the record and on matters officially noticed in 6 29 the record. 6 30 8. The decision of theboardadjudicator shall be in 6 31 writing and shall include findings of fact and conclusions of 6 32 law, separately stated. Findings of fact, if set forth in 6 33 statutory language, shall be accompanied by a concise and 6 34 explicit statement of the underlying facts and supporting the 6 35 findings. Each conclusion of law shall be supported by cited 7 1 authority or by reasoned opinion. 7 2 9.When the board has reached a decision, opinion, or7 3conclusion, it shall convene in open meeting and by roll call7 4vote determine the continuance or discontinuance of the7 5teacher's contract. The record of the private conference and7 6findings of fact and exceptions shall be exempt from the7 7provisions of chapter 22.Thesecretary of the board7 8 adjudicator shall make a decision within thirty days and 7 9 shall, upon reaching a decision, immediately mail notice of 7 10 theboard's actiondecision to the teacher, the 7 11 superintendent, and the secretary of the board. The 7 12 adjudicator's decision is final and binding unless it can be 7 13 shown that the adjudicator exceeded the adjudicator's 7 14 authority. 7 15 10. The record of the private hearing and findings of fact 7 16 and exceptions shall be exempt from the provisions of chapter 7 17 22. 7 18 Sec. 5. Section 279.17, Code 1997, is amended to read as 7 19 follows: 7 20 279.17APPEAL BY TEACHER TOSELECTION AND AUTHORITY OF 7 21 ADJUDICATOR. 7 22If the teacher is no longer a probationary teacher, the7 23teacher may, within ten days, appeal the determination of the7 24board to an adjudicator by filing a notice of appeal with the7 25secretary of the board. The notice of appeal shall contain a7 26concise statement of the action which is the subject of the7 27appeal, the particular board action appealed from, the grounds7 28on which relief is sought and the relief sought.7 29 1. Within five days following receipt by the secretary of 7 30the notice of appeala teacher's request for a private hearing 7 31 by an adjudicator as provided in section 279.15, the board or 7 32 the board's legal representative, if any, and the teacher or 7 33 the teacher's representative, if any, may select an 7 34 adjudicator who resides within the boundaries of the merged 7 35 area in which the school district is located. If an 8 1 adjudicator cannot be mutually agreed upon within the five-day 8 2 period, the secretary shall notify the chairperson of the 8 3 public employment relations board by transmitting thenotice8 4of appealrequest for a private hearing, and the chairperson 8 5 of the public employment relations board shall within five 8 6 days provide a list of five adjudicators to the parties. 8 7 Within three days from receipt of the list of adjudicators, 8 8 the parties shall select an adjudicator by alternately 8 9 removing a name from the list until only one name remains. 8 10 The person whose name remains shall be the adjudicator. The 8 11 parties shall determine by lot which party shall remove the 8 12 first name from the list submitted by the chairperson of the 8 13 public employment relations board. The secretary of the board 8 14 shall inform the chairperson of the public employee relations 8 15 board of the name of the adjudicator selected. 8 16If the teacher does not timely request an appeal to an8 17adjudicator the decision, opinion, or conclusion of the board8 18shall become final and binding.8 19Within thirty days after filing the notice of appeal, or8 20within further time allowed by the adjudicator, the board8 21shall transmit to the adjudicator the original or a certified8 22copy of the entire record of the private hearing which may be8 23the subject of the petition. By stipulation of the parties to8 24review the proceedings, the record of the case may be8 25shortened. The adjudicator may require or permit subsequent8 26corrections or additions to the shortened record.8 27The record certified and filed by the board shall be the8 28record upon which the appeal shall be heard and no additional8 29evidence shall be heard by the adjudicator. In such appeal to8 30the adjudicator, especially when considering the credibility8 31of witnesses, the adjudicator shall give weight to the fact8 32findings of the board; but shall not be bound by them.8 33Before the date set for hearing a petition for review of8 34board action, which shall be within ten days after receipt of8 35the record unless otherwise agreed or unless the adjudicator9 1orders additional evidence be taken before the board,9 2application may be made to the adjudicator for leave to9 3present evidence in addition to that found in the record of9 4the case. If it is shown to the adjudicator that the9 5additional evidence is material and that there were good9 6reasons for failure to present it in the private hearing9 7before the board, the adjudicator may order that the9 8additional evidence be taken before the board upon conditions9 9determined by the adjudicator. The board may modify its9 10findings and decision in the case by reason of the additional9 11evidence and shall file that evidence and any modifications,9 12new findings, or decisions, with the adjudicator and mail9 13copies of the new findings or decisions to the teacher.9 14 2. The adjudicator may affirmboard action or remand to9 15the board for further proceedings. The adjudicator shall9 16reverse, modify,the superintendent's recommendation to 9 17 terminate the teacher's contract orgrant any appropriate9 18relief from the board actionrequire the board to continue the 9 19 teacher's contract ifsubstantial rights of the teacher have9 20been prejudiced because the board action isthe adjudicator 9 21 determines that termination of the contract would be any of 9 22 the following: 9 231.a.InA violation of a board rule or policy or 9 24 contract; or. 9 252.b. Unsupported by a preponderance of the competent 9 26 evidence in the record made before theboardadjudicator when 9 27 that record is viewed as a whole; or. 9 283.c. Unreasonable, arbitrary or capricious or 9 29 characterized by an abuse of discretion or a clearly 9 30 unwarranted exercise of discretion. 9 31The adjudicator shall, within fifteen days after the9 32hearing, make a decision and shall give a copy of the decision9 33to the teacher and the secretary of the board. The decision9 34of the adjudicator shall become the final and binding decision9 35of the board unless either party within ten days notifies the10 1secretary of the board that the decision is rejected. The10 2board may reject the decision by majority vote, by roll call,10 3in open meeting and entered into the minutes of the meeting.10 4The board shall immediately notify the teacher of its decision10 5by certified mail. The teacher may reject the adjudicator's10 6decision by notifying the board's secretary in writing within10 7ten days of the filing of such decision.10 8 3. All costs of the adjudicator shall be shared equally by 10 9 the teacher and the board. 10 10 Sec. 6. Section 279.18, Code 1997, is repealed. 10 11 EXPLANATION 10 12 This bill makes changes to the process by which a school 10 13 district may terminate a teacher's contract. 10 14 Currently, by April 30, a school district superintendent 10 15 must notify a teacher when the superintendent intends to 10 16 recommend to the school district board that the teacher's 10 17 contract be terminated. Notification must be personally 10 18 delivered or sent by certified mail. Upon receipt of notice, 10 19 a teacher can request a private hearing with the board. The 10 20 teacher may appeal the board's decision to an adjudicator. 10 21 The teacher or the board may appeal the adjudicator's decision 10 22 to the district court. 10 23 Under the bill, by March 15, the superintendent must 10 24 personally deliver written notification, that has been signed 10 25 by the superintendent and the presiding officer of the board, 10 26 to the teacher of the intent to terminate the teacher's 10 27 contract. A teacher receiving notice can request a private 10 28 hearing with an adjudicator, not before the board. However, 10 29 members of the board and their legal representatives may be 10 30 present at the hearing before the adjudicator. The board 10 31 shall make the determination regarding termination of the 10 32 contract if the teacher does not request a hearing or fails to 10 33 appear at the hearing. If the teacher and the board cannot 10 34 reach agreement on an adjudicator in five days, the 10 35 chairperson of the public employment relations board shall 11 1 supply a list of five adjudicators, and the teacher and board 11 2 shall alternately remove names from the list until only one 11 3 name remains. 11 4 The bill gives the adjudicator subpoena power and the 11 5 adjudicator's decision is final and binding unless it can be 11 6 shown that the adjudicator exceeded the adjudicator's 11 7 authority. 11 8 The provision permitting appeal to district court is 11 9 repealed. 11 10 LSB 3928HC 77 11 11 kh/sc/14
Text: HSB00606 Text: HSB00608 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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