Text: SF02345 Text: SF02347 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 279.18, unnumbered paragraphs 1 and 2, 1 2 Code 1997, are amended to read as follows: 1 3 Ifeither party rejects the adjudicator's decision, the1 4rejecting party shall, within thirty days of the initial1 5filing of such decisionthe 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 11other partysecretary of the board. Theadjudicatorboard 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 theadjudicator's1 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 theadjudicator'sboard's decision or 1 27 remand tothe adjudicator orthe 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 decisionor the adjudicator's decision equitable or1 31legal and including declaratory reliefonly 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 boardor2 2the adjudicator; or 2 3 6. Unsupported bya preponderance of the competent2 4 substantial evidence in the record made before the boardand2 5the adjudicatorwhen 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 3296SV 77 2 26 kh/jw/5
Text: SF02345 Text: SF02347 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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