House Study Bill 167 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LABOR BILL BY CHAIRPERSON HORBACH) A BILL FOR An Act relating to teacher termination and appeals thereof. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2161HC (2) 84 kh/nh

H.F. _____ Section 1. Section 279.17, subsection 1, Code 2011, is 1 amended to read as follows: 2 1. If the teacher is no longer a probationary teacher and 3 is not being discharged for just cause in accordance with 4 section 279.27 , the teacher may, within ten days, appeal the 5 determination of the board to an adjudicator by filing a notice 6 of appeal with the secretary of the board. The notice of 7 appeal shall contain a concise statement of the action which is 8 the subject of the appeal, the particular board action appealed 9 from, the grounds on which relief is sought and the relief 10 sought. 11 Sec. 2. Section 279.19, unnumbered paragraph 2, Code 2011, 12 is amended to read as follows: 13 In the case of the termination of a probationary teacher’s 14 contract, the provisions of sections 279.15 and 279.16 15 shall apply. However, if the probationary teacher is a 16 beginning teacher who fails to demonstrate competence in the 17 Iowa teaching standards in accordance with chapter 284 , the 18 provisions of sections 279.17 and 279.18 shall also apply. 19 Sec. 3. Section 279.27, Code 2011, is amended to read as 20 follows: 21 279.27 Discharge of teacher. 22 A teacher may be discharged at any time during the 23 contract year for just cause. The superintendent or the 24 superintendent’s designee, shall notify the teacher immediately 25 that the superintendent will recommend in writing to the board 26 at a regular or special meeting of the board held not more 27 than fifteen days after notification has been given to the 28 teacher that the teacher’s continuing contract be terminated 29 effective immediately following a decision of the board. 30 The procedure for dismissal shall be as provided in section 31 279.15, subsection 2 , and sections 279.16 to and 279.19 . The 32 superintendent may suspend a teacher under this section pending 33 hearing and determination by the board. 34 Sec. 4. Section 284.3, subsection 2, paragraph a, Code 2011, 35 -1- LSB 2161HC (2) 84 kh/nh 1/ 2

H.F. _____ is amended to read as follows: 1 a. For purposes of comprehensive evaluations for beginning 2 teachers required to allow beginning teachers to progress to 3 career teachers, standards and criteria that are the Iowa 4 teaching standards specified in subsection 1 and the criteria 5 for the Iowa teaching standards developed by the department in 6 accordance with section 256.9, subsection 46 . These standards 7 and criteria shall be set forth in an instrument provided by 8 the department. The comprehensive evaluation and instrument 9 are not subject to negotiations or grievance procedures 10 pursuant to chapter 20 or determinations made by the board of 11 directors under section 279.14 . A local school board and its 12 certified bargaining representative may negotiate, pursuant to 13 chapter 20 , evaluation and grievance procedures for beginning 14 teachers that are not in conflict with this chapter . If, in 15 accordance with section 279.19 , a beginning teacher appeals the 16 determination of a school board to an adjudicator under section 17 279.17 , the adjudicator selected shall have successfully 18 completed training related to the Iowa teacher standards, the 19 criteria adopted by the state board of education in accordance 20 with subsection 3 , and any additional training required under 21 rules adopted by the public employment relations board in 22 cooperation with the state board of education. 23 EXPLANATION 24 This bill eliminates a beginning teacher’s ability to appeal 25 termination for failure to demonstrate competence in the Iowa 26 teaching standards, and a nonprobationary teacher’s ability to 27 appeal if discharged for just cause. Currently, a beginning 28 teacher whose contract is terminated during the teacher’s 29 probationary period for failure to demonstrate competence in 30 the Iowa teaching standards and a nonprobationary teacher who 31 is discharged for just cause may appeal the school board’s 32 determination to an adjudicator or to the district court. The 33 bill also strikes language that specifies the training that an 34 adjudicator selected to hear an appeal must complete. 35 -2- LSB 2161HC (2) 84 kh/nh 2/ 2