HB 168 -- Teacher Termination Hearings

Sponsor:  Bray

Current law authorizes local school boards to dismiss tenured
teachers for certain causes and after following certain
administrative procedures.  This bill allows teachers to request
an administrative hearing at which a hearing officer will decide
whether or not the teacher will be dismissed.

The bill requires school boards or superintendents to notify
teachers at least 120 days before formal notice is served,
instead of 30 days' notice under current law.  If a school board
suspends a teacher until a decision is rendered, the teacher is
entitled to receive salary and benefits during the suspension.
Currently, teachers are only guaranteed salary.

Currently, either the teacher or the local school board may
request a hearing; the bill permits only the teacher to request
a hearing.  When a teacher requests a hearing, the
superintendent must notify the State Board of Education, which
will provide a list of 5 accredited, impartial hearing officers
within 5 days.  The individual who remains after the teacher and
local board alternately strike off names will serve as the
hearing officer and be compensated by the school district.

The hearing must be held between 30 and 45 days after the
hearing officer is selected unless another schedule is mutually
agreed upon.  The State Board must promulgate procedural rules
for hearings including, at a minimum, discovery of witnesses,
written interrogatories, and production of relevant documents.
The bill specifies that a hearing will be open to the public
unless the teacher requests that it be closed.

Within 30 days after the hearing, the hearing officer must
decide if the teacher should be dismissed, disciplined, or, in
certain cases, continue conferring with the superintendent to
resolve the matter.  The hearing officer's decision is final
unless appealed.