Text: HF00073                           Text: HF00075
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House File 74

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 279.16, unnumbered paragraphs 6 and 10,
  1  2 Code 2001, are amended to read as follows:
  1  3    If the teacher fails to timely request a private hearing or
  1  4 does not appear at the private hearing, the board may proceed
  1  5 and make a determination upon the superintendent's
  1  6 recommendation.  If the teacher fails to timely file a request
  1  7 for a private hearing, the determination shall be not later
  1  8 than May 31.  If the teacher fails to appear at the private
  1  9 hearing, the determination shall be not later than five days
  1 10 after the scheduled date for the private hearing.  The board
  1 11 shall convene in open session and by roll call vote determine
  1 12 the termination or continuance of the teacher's contract, and,
  1 13 if the board votes to continue the teacher's contract, whether
  1 14 to suspend the teacher with or without pay for a period
  1 15 specified by the board.
  1 16    When the board has reached a decision, opinion, or
  1 17 conclusion, it shall convene in open meeting and by roll call
  1 18 vote determine the continuance or discontinuance of the
  1 19 teacher's contract, and, if the board votes to continue the
  1 20 teacher's contract, whether to suspend the teacher with or
  1 21 without pay for a period specified by the board.  The record
  1 22 of the private conference and findings of fact and exceptions
  1 23 shall be exempt from the provisions of chapter 22.  The
  1 24 secretary of the board shall immediately mail notice of the
  1 25 board's action to the teacher.
  1 26    Sec. 2.  Section 279.24, unnumbered paragraphs 8, 11, and
  1 27 13, Code 2001, are amended to read as follows:
  1 28    Within five days after receipt of the written notice that
  1 29 the school board has voted to consider termination of the
  1 30 contract, the administrator may request in writing to the
  1 31 secretary of the school board that the notification be
  1 32 forwarded to the board of educational examiners along with a
  1 33 request that the board of educational examiners submit a list
  1 34 of five qualified administrative law judges to the parties.
  1 35 Within three days from receipt of the list the parties shall
  2  1 select an administrative law judge by alternately removing a
  2  2 name from the list until only one name remains.  The person
  2  3 whose name remains shall be the administrative law judge.  The
  2  4 parties shall determine by lot which party shall remove the
  2  5 first name from the list.  The hearing shall be held no sooner
  2  6 than ten days and not later than thirty days following the
  2  7 administrator's request unless the parties otherwise agree.
  2  8 If the administrator does not request a hearing, the school
  2  9 board, not later than May 31, may determine the continuance or
  2 10 discontinuance of the contract, and, if the board determines
  2 11 to continue the administrator's contract, whether to suspend
  2 12 the administrator with or without pay for a period specified
  2 13 by the board.  School board action shall be by majority roll
  2 14 call vote entered on the minutes of the meeting.  Notice of
  2 15 school board action shall be personally delivered or mailed to
  2 16 the administrator.
  2 17    If the administrator appeals to the school board, or if the
  2 18 school board determines on its own motion to review the
  2 19 proposed decision of the administrative law judge, a private
  2 20 hearing shall be held before the school board within five days
  2 21 after the petition for review, or motion for review, has been
  2 22 made or at such other time as the parties agree.  The private
  2 23 hearing is not subject to chapter 21.  The school board may
  2 24 hear the case de novo upon the record as submitted before the
  2 25 administrative law judge.  In cases where there is an appeal
  2 26 from a proposed decision or where a proposed decision is
  2 27 reviewed on motion of the school board, an opportunity shall
  2 28 be afforded to each party to file exceptions, present briefs
  2 29 and present oral arguments to the school board which is to
  2 30 render the final decision.  The secretary of the school board
  2 31 shall give the administrator written notice of the time,
  2 32 place, and date of the hearing.  The school board shall meet
  2 33 within five days after the hearing to determine the question
  2 34 of continuance or discontinuance of the contract, and, if the
  2 35 board determines to continue the administrator's contract,
  3  1 whether to suspend the administrator with or without pay for a
  3  2 period specified by the board.  The school board shall make
  3  3 findings of fact which shall be based solely on the evidence
  3  4 in the record and on matters officially noticed in the record.
  3  5    When the school board has reached a decision, opinion, or
  3  6 conclusion, it shall convene in open meeting and by roll call
  3  7 vote determine the continuance or discontinuance of the
  3  8 administrator's contract, and, if the board votes to continue
  3  9 the administrator's contract, whether to suspend the
  3 10 administrator with or without pay for a period specified by
  3 11 the board.  The record of the private conference and findings
  3 12 of fact and exceptions shall be exempt from the provisions of
  3 13 chapter 22.  The secretary of the school board shall
  3 14 immediately personally deliver or mail notice of the school
  3 15 board's action to the administrator.  
  3 16                           EXPLANATION
  3 17    This bill adds a third option to the procedures a board of
  3 18 directors of a school district must follow when considering
  3 19 the disposition of a teacher's or administrator's contract.
  3 20 Currently, the Code provides procedures for a continuation or
  3 21 termination of a teacher's or administrator's contract.  This
  3 22 bill adds to those procedures the ability of the school board
  3 23 to suspend, with or without pay, a teacher or an
  3 24 administrator.  
  3 25 LSB 1316YH 79
  3 26 kh/gg/8
     

Text: HF00073                           Text: HF00075
Text: HF00000 - HF00099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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