Text: HF00073 Text: HF00075 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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
© 2001 Cornell College and League of Women Voters of Iowa
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