Text: HF00388 Text: HF00390 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 389
1 2
1 3 AN ACT
1 4 RELATING TO THE DUTIES OF THE BOARD OF DIRECTORS OF A SCHOOL
1 5 DISTRICT, INCLUDING THOSE RELATED TO THE SUSPENSION OF A
1 6 PRACTITIONER BY THE BOARD OF DIRECTORS OF A SCHOOL DISTRICT.
1 7
1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 9
1 10 Section 1. Section 279.16, unnumbered paragraphs 6 and 10,
1 11 Code 2001, are amended to read as follows:
1 12 If the teacher fails to timely request a private hearing or
1 13 does not appear at the private hearing, the board may proceed
1 14 and make a determination upon the superintendent's
1 15 recommendation. If the teacher fails to timely file a request
1 16 for a private hearing, the determination shall be not later
1 17 than May 31. If the teacher fails to appear at the private
1 18 hearing, the determination shall be not later than five days
1 19 after the scheduled date for the private hearing. The board
1 20 shall convene in open session and by roll call vote determine
1 21 the termination or continuance of the teacher's contract, and,
1 22 if the board votes to continue the teacher's contract, whether
1 23 to suspend the teacher with or without pay for a period
1 24 specified by the board.
1 25 When the board has reached a decision, opinion, or
1 26 conclusion, it shall convene in open meeting and by roll call
1 27 vote determine the continuance or discontinuance of the
1 28 teacher's contract, and, if the board votes to continue the
1 29 teacher's contract, whether to suspend the teacher with or
1 30 without pay for a period specified by the board. The record
1 31 of the private conference and findings of fact and exceptions
1 32 shall be exempt from the provisions of chapter 22. The
1 33 secretary of the board shall immediately mail notice of the
1 34 board's action to the teacher.
1 35 Sec. 2. Section 279.24, unnumbered paragraphs 8, 11, and
2 1 13, Code 2001, are amended to read as follows:
2 2 Within five days after receipt of the written notice that
2 3 the school board has voted to consider termination of the
2 4 contract, the administrator may request in writing to the
2 5 secretary of the school board that the notification be
2 6 forwarded to the board of educational examiners along with a
2 7 request that the board of educational examiners submit a list
2 8 of five qualified administrative law judges to the parties.
2 9 Within three days from receipt of the list the parties shall
2 10 select an administrative law judge by alternately removing a
2 11 name from the list until only one name remains. The person
2 12 whose name remains shall be the administrative law judge. The
2 13 parties shall determine by lot which party shall remove the
2 14 first name from the list. The hearing shall be held no sooner
2 15 than ten days and not later than thirty days following the
2 16 administrator's request unless the parties otherwise agree.
2 17 If the administrator does not request a hearing, the school
2 18 board, not later than May 31, may determine the continuance or
2 19 discontinuance of the contract, and, if the board determines
2 20 to continue the administrator's contract, whether to suspend
2 21 the administrator with or without pay for a period specified
2 22 by the board. School board action shall be by majority roll
2 23 call vote entered on the minutes of the meeting. Notice of
2 24 school board action shall be personally delivered or mailed to
2 25 the administrator.
2 26 If the administrator appeals to the school board, or if the
2 27 school board determines on its own motion to review the
2 28 proposed decision of the administrative law judge, a private
2 29 hearing shall be held before the school board within five days
2 30 after the petition for review, or motion for review, has been
2 31 made or at such other time as the parties agree. The private
2 32 hearing is not subject to chapter 21. The school board may
2 33 hear the case de novo upon the record as submitted before the
2 34 administrative law judge. In cases where there is an appeal
2 35 from a proposed decision or where a proposed decision is
3 1 reviewed on motion of the school board, an opportunity shall
3 2 be afforded to each party to file exceptions, present briefs
3 3 and present oral arguments to the school board which is to
3 4 render the final decision. The secretary of the school board
3 5 shall give the administrator written notice of the time,
3 6 place, and date of the hearing. The school board shall meet
3 7 within five days after the hearing to determine the question
3 8 of continuance or discontinuance of the contract, and, if the
3 9 board determines to continue the administrator's contract,
3 10 whether to suspend the administrator with or without pay for a
3 11 period specified by the board. The school board shall make
3 12 findings of fact which shall be based solely on the evidence
3 13 in the record and on matters officially noticed in the record.
3 14 When the school board has reached a decision, opinion, or
3 15 conclusion, it shall convene in open meeting and by roll call
3 16 vote determine the continuance or discontinuance of the
3 17 administrator's contract, and, if the board votes to continue
3 18 the administrator's contract, whether to suspend the
3 19 administrator with or without pay for a period specified by
3 20 the board. The record of the private conference and findings
3 21 of fact and exceptions shall be exempt from the provisions of
3 22 chapter 22. The secretary of the school board shall
3 23 immediately personally deliver or mail notice of the school
3 24 board's action to the administrator.
3 25
3 26
3 27
3 28 BRENT SIEGRIST
3 29 Speaker of the House
3 30
3 31
3 32
3 33 MARY E. KRAMER
3 34 President of the Senate
3 35
4 1 I hereby certify that this bill originated in the House and
4 2 is known as House File 389, Seventy-ninth General Assembly.
4 3
4 4
4 5
4 6 MARGARET THOMSON
4 7 Chief Clerk of the House
4 8 Approved , 2001
4 9
4 10
4 11
4 12 THOMAS J. VILSACK
4 13 Governor
Text: HF00388 Text: HF00390 Text: HF00300 - HF00399 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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