SENATE FILE 134

BY  McKINLEY

A BILL FOR

An Act relating to the discontinuance of a teacher contract by the board of directors of a school district.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 273.3, subsection 11, Code 2011, is amended to read as follows:
   11.  Employ personnel to carry out the functions of the area education agency which shall include the employment of an administrator who shall possess a license issued under chapter 272. The administrator shall be employed pursuant to section 279.20 and sections 279.23, 279.24, and 279.25. The salary for an area education agency administrator shall be established by the board based upon the previous experience and education of the administrator. Section 279.13 applies, subsections 1, 2, 3, and 5, apply to the area education agency board and to all teachers employed by the area education agency. Sections 279.23, 279.24, and 279.25 apply to the area education board and to all administrators employed by the area education agency.
   Sec. 2.  Section 279.16, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  Notwithstanding sections 279.17 and 279.18, during each school year, the board of directors of a school district may vote to discontinue teacher contracts in an amount equivalent to one percent of the total number of teaching contracts the school district entered during the previous school year, rounded to one or to the nearest whole number of teacher contracts, whichever is greater. The board’s action shall be final and binding and sections 20.18, 279.17, and 279.18 shall not apply unless the discontinuance was based on an alleged violation of a constitutionally guaranteed right of the teacher or an alleged violation of public employee rights of the teacher under section 20.10. Notwithstanding subsection 4, this subsection does not apply to community colleges or individuals employed by a community college.
   Sec. 3.  Section 279.17, subsection 1, Code 2011, is amended to read as follows:
   1.  If the teacher is no longer a probationary teacher, the teacher may, except as provided in section 279.16, subsection 11, within ten days, appeal the determination of the board to an adjudicator by filing a notice of appeal with the secretary of the board. The notice of appeal shall contain a concise statement of the action which is the subject of the appeal, the particular board action appealed from, the grounds on which relief is sought and the relief sought.
   Sec. 4.  Section 279.19, unnumbered paragraph 2, Code 2011, is amended to read as follows:
   In the case of the termination of a probationary teacher’s contract, the provisions of sections 279.15 and 279.16 shall apply. However, if the probationary teacher is a beginning teacher who fails to demonstrate competence in the Iowa teaching standards in accordance with chapter 284, the provisions of sections 279.17 and 279.18 shall also apply except as provided in section 279.16, subsection 11.
EXPLANATION
   This bill authorizes the board of directors of a school district, during each school year, to vote to discontinue teacher contracts in an amount equivalent to one percent of the total number of teaching contracts the school district entered during the previous school year, rounded to the nearest whole number of teacher contracts. The board’s action shall be final and binding and the grievance procedures negotiated under collective bargaining do not apply, nor may the teacher appeal the action to an adjudicator or the district court unless the discontinuance was based on an alleged violation of a constitutionally guaranteed right of the teacher or an alleged violation of public employee rights of the teacher.
   The provisions do not apply to community colleges or area education agencies or to the individuals they employ.