Text: SF02038                           Text: SF02040
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 2039

Partial Bill History

Bill Text

  1  1    Section 1.  Section 279.18, unnumbered paragraphs 1 and 2,
  1  2 Code 1997, are amended to read as follows:
  1  3    If either party rejects the adjudicator's decision, the
  1  4 rejecting party shall, within thirty days of the initial
  1  5 filing of such decision the teacher is no longer a
  1  6 probationary teacher, the teacher may, within ten days, appeal
  1  7 the determination of the board under section 279.16 to the
  1  8 district court of the county in which the administrative
  1  9 office of the school district is located.  The notice of
  1 10 appeal shall be immediately mailed by certified mail to the
  1 11 other party secretary of the board.  The adjudicator board
  1 12 secretary shall transmit to the reviewing court the original
  1 13 or a certified copy of the entire record which may be the
  1 14 subject of the petition.  By stipulation of all parties to the
  1 15 review proceedings, the record of such a case may be
  1 16 shortened.  A party unreasonably refusing to stipulate to
  1 17 limit the record may be taxed by the court for the additional
  1 18 cost.  The court may require or permit subsequent corrections
  1 19 or additions to the shortened record.
  1 20    In proceedings for judicial review of the adjudicator's
  1 21 board's decision, the court shall not hear any further
  1 22 evidence but shall hear the case upon the certified record.
  1 23 In such judicial review, especially when considering the
  1 24 credibility of witnesses, the court shall give weight to the
  1 25 fact findings of the board; but shall not be bound by them.
  1 26 The court may affirm the adjudicator's board's decision or
  1 27 remand to the adjudicator or the board for further proceedings
  1 28 upon conditions determined by the court.  The court shall
  1 29 reverse, modify, or grant any other appropriate relief from
  1 30 the board decision or the adjudicator's decision equitable or
  1 31 legal and including declaratory relief only if substantial
  1 32 rights of the petitioner have been prejudiced because the
  1 33 action is:
  1 34    Sec. 2.  Section 279.18, subsections 2 and 6, Code 1997,
  1 35 are amended to read as follows:
  2  1    2.  In excess of the statutory authority of the board or
  2  2 the adjudicator; or
  2  3    6.  Unsupported by a preponderance of the competent
  2  4 substantial evidence in the record made before the board and
  2  5 the adjudicator when that record is viewed as a whole; or
  2  6    Sec. 3.  Section 279.17, Code 1997, is repealed.  
  2  7                           EXPLANATION
  2  8    This bill removes from the teacher termination process
  2  9 currently within the Code the adjudication option available to
  2 10 a teacher facing contract termination by a school district.
  2 11 The bill does not otherwise affect a teacher's ability to
  2 12 request a hearing before the school board in the event that a
  2 13 school superintendent notifies the teacher that the teacher's
  2 14 continuing contract will be terminated effective at the end of
  2 15 the current school year.
  2 16    The bill does not affect the teacher's ability to appeal
  2 17 the school board's decision to the district court.  However,
  2 18 the bill changes the standard of evidence, for which the court
  2 19 shall reverse, modify, or grant any other appropriate relief
  2 20 from the board decision, from a "preponderance of competent
  2 21 evidence" to "substantial evidence".  The Code requires the
  2 22 court to give weight to the fact findings of the board, and
  2 23 the bill abolishes language that frees the court from being
  2 24 bound by the fact findings of the board.  
  2 25 LSB 3296SS 77
  2 26 kh/jw/5

Text: SF02038                           Text: SF02040
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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