Text: HF00307 Text: HF00309 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 20.9, unnumbered paragraph 1, Code 1 2 2003, is amended to read as follows: 1 3 The public employer and the employee organization shall 1 4 meet at reasonable times, including meetings reasonably in 1 5 advance of the public employer's budget-making process, to 1 6 negotiate in good faith with respect to wages, hours, 1 7 vacations, insurance, holidays, leaves of absence, shift 1 8 differentials, overtime compensation, supplemental pay, 1 9 seniority, transfer procedures, discipline and discharge, job 1 10 classifications, health and safety matters, evaluation 1 11 procedures, procedures for staff reduction, in-service 1 12 training and other matters mutually agreed upon. Negotiations 1 13 shall also include terms authorizing dues checkoff for members 1 14 of the employee organization and grievance procedures for 1 15 resolving any questions arising under the agreement, which 1 16 shall be embodied in a written agreement and signed by the 1 17 parties. If an agreement provides for dues checkoff, a 1 18 member's dues may be checked off only upon the member's 1 19 written request and the member may terminate the dues checkoff 1 20 at any time by giving thirty days' written notice. Such 1 21 obligation to negotiate in good faith does not compel either 1 22 party to agree to a proposal or make a concession. 1 23 Sec. 2. Section 275.33, subsection 1, Code 2003, is 1 24 amended to read as follows: 1 25 1. The terms of employment of superintendents, principals, 1 26 and teachers, for the school year following the effective date 1 27 of the formation of the new district shall not be affected by 1 28 the formation of the new district, except in accordance with 1 29 the provisions of sections 279.15 to 279.18 and 279.24, to the 1 30 extent those provisions are applicable, and the authority and 1 31 responsibility to offer new contracts or to continue, modify, 1 32 or terminate existing contracts pursuant to sections 279.12, 1 33 279.13, 279.15 to 279.21, 279.23, and 279.24 for the school 1 34 year beginning with the effective date of the reorganization 1 35 shall be transferred from the boards of the existing districts 2 1 to the board of the new district on the third Tuesday of 2 2 January prior to the school year the reorganization is 2 3 effective. 2 4 Sec. 3. Section 279.13, Code 2003, is amended by adding 2 5 the following new subsection: 2 6 NEW SUBSECTION. 4. If a teacher is represented by an 2 7 employee organization and covered by a collective bargaining 2 8 agreement negotiated under chapter 20 which includes 2 9 procedures for discipline and discharge, sections 279.15 2 10 through 279.19 shall not apply to the teacher. 2 11 Sec. 4. Section 279.14, Code 2003, is amended by striking 2 12 the section and inserting in lieu thereof the following: 2 13 279.14 EVALUATION CRITERIA. 2 14 The board of educational examiners shall develop summative 2 15 evaluation criteria which shall be used by local school 2 16 districts to evaluate teachers licensed under chapter 272, 2 17 unless the parties to the collective bargaining agreement 2 18 mutually agree to alternate evaluation criteria. 2 19 Sec. 5. Section 279.27, Code 2003, is amended to read as 2 20 follows: 2 21 279.27 DISCHARGE OF TEACHER. 2 22 A teacher may be discharged at any time during the contract 2 23 year for just cause. The superintendent or the 2 24 superintendent's designee, shall notify the teacher 2 25 immediately that the superintendent will recommend in writing 2 26 to the board at a regular or special meeting of the board held 2 27 not more than fifteen days after notification has been given 2 28 to the teacher that the teacher's continuing contract be 2 29 terminated effective immediately following a decision of the 2 30 board. The procedure for dismissal shall be as provided in 2 31sections 279.15(2)section 279.15, subsection 2, and sections 2 32 279.16 to 279.19, to the extent those procedures are 2 33 applicable, or under the terms of the base bargaining 2 34 agreement. The superintendent may suspend a teacher under 2 35 this section pending hearing and determination by the board. 3 1 Sec. 6. Section 400.18, Code 2003, is amended to read as 3 2 follows: 3 3 400.18 REMOVAL, DEMOTION, OR SUSPENSION. 3 4 No person holding civil service rights as provided in this 3 5 chapter shall be removed, demoted, or suspended arbitrarily, 3 6 except as otherwise provided in this chapter, but may be 3 7 removed, demoted, or suspended after a hearing by a majority 3 8 vote of the civil service commission, for neglect of duty, 3 9 disobedience, misconduct, or failure to properly perform the 3 10 person's duties. However, if a person holding civil service 3 11 rights as provided in this chapter is represented by an 3 12 employee organization and covered by a collective bargaining 3 13 agreement negotiated under chapter 20 which includes removal, 3 14 demotion, or suspension procedures, the procedures provided in 3 15 this chapter for removal, demotion, or suspension shall not 3 16 apply to the person. 3 17 EXPLANATION 3 18 This bill makes changes relating to discipline and 3 19 discharge procedures as they relate to collective bargaining 3 20 agreements for public sector employees. 3 21 The bill adds discipline and discharge to the list of 3 22 mandatory subjects of collective bargaining agreements entered 3 23 into pursuant to Code chapter 20. 3 24 The bill provides that a teacher whose collective 3 25 bargaining agreement includes procedures for discipline and 3 26 discharge cannot use Code chapter 279 provisions for appeal of 3 27 a discharge. 3 28 The bill requires the board of educational examiners to 3 29 develop summative evaluation criteria which shall be used by 3 30 local school districts to evaluate teachers, unless the 3 31 parties to a collective bargaining agreement mutually agree to 3 32 alternate evaluation criteria. Current law provides that the 3 33 determination of standards of performance of school district 3 34 personnel is not subject to mandatory collective bargaining 3 35 and objections to an evaluation used in a teacher termination 4 1 proceeding shall not be subject to negotiated grievance 4 2 procedures. 4 3 The bill provides that the procedures in a collective 4 4 bargaining agreement covering removal, demotion, or suspension 4 5 apply to a person holding city civil service rights and who is 4 6 covered by the collective bargaining agreement rather than the 4 7 procedures specified in Code chapter 400. 4 8 LSB 2235HH 80 4 9 ec/cl/14
Text: HF00307 Text: HF00309 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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