Text: HF00307                           Text: HF00309
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 308

Partial Bill History

Bill Text

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 31 sections 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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