2013 -- S 0049

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LC00108

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO EDUCATION

     Introduced By: Senators DiPalma, Picard, Pearson, Ottiano, and Sosnowski

     Date Introduced: January 16, 2013

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 16-13-2, 16-13-3, 16-13-4, 16-13-6 and 16-13-8 of the General

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Laws in Chapter 16-13 entitled "Teachers' Tenure" are hereby amended to read as follows:

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     16-13-2. Annual contract basis -- Automatic continuation. -- (a) Teaching service

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shall be on the basis of an annual contract, except as hereinafter provided, and the contract shall

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be deemed to be continuous unless the governing body of the schools shall notify the teacher in

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writing on or before March 1 that the contract for the ensuing year will not be renewed.; provided

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If the dismissal or nonrenewal is based on fiscal exigency or program reorganization, the

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governing body shall notify the teacher on or before June 1st of the school year immediately

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preceding the school year in which the dismissal or nonrenewal is to become effective. Provided,

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however, that a teacher, upon request, shall be furnished a statement of cause for dismissal or

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nonrenewal of his or her contract by the school committee; provided further, that whenever any

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contract is not renewed or the teacher is dismissed, the teacher shall be entitled to a hearing and

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appeal pursuant to the procedure set forth in section 16-13-4.

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      (b) Nothing contained in this section shall be construed to prohibit or at any time to have

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prohibited a school committee from agreeing, in a collective bargaining agreement, to the

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arbitration of disputes arising out of a dismissal or nonrenewal of a nontenured teacher pursuant

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to subsection (a) of this section.

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     16-13-3. Probationary period -- Tenure after probation. -- (a) Three (3) annual

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contracts within five (5) successive school years shall be considered evidence of satisfactory

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teaching and shall constitute a probationary period. Teachers who complete the probationary

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period shall be considered in continuous service and shall not be subject to annual renewal or

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nonrenewal of their contracts. No tenured teacher in continuous service shall be dismissed except

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for good and just cause. Whenever a tenured teacher in continuous service is to be dismissed, the

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notice of the dismissal shall be given to the teacher, in writing, on or before March 1st of the

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school year immediately preceding the school year in which the dismissal is to become effective.

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If the dismissal is based on fiscal exigency or program reorganization, the notice of dismissal

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shall be given to the teacher, in writing, on or before June 1st of the school year immediately

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preceding the school year in which the dismissal is to become effective. The teacher shall be

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furnished with a complete statement of the cause(s) for the dismissal by the governing body of the

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school and shall be entitled to a hearing and appeal pursuant to the procedure set forth in section

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16-13-4.

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      (b) Nothing contained in this section shall be construed to prohibit or at any time to have

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prohibited a school committee from agreeing, in a collective bargaining agreement, to the

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arbitration of disputes arising out of the dismissal of a tenured teacher pursuant to subsection (a)

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of this section.

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      (c) Any teacher appointed to a position of principal, assistant principal, or vice principal

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within the school system in which the teacher has attained tenure shall, upon termination or

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resignation of the administrative position, be allowed to return to his or her former status as a

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tenured teacher within the system.

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     16-13-4. Statement of cause for dismissal -- Hearing -- Appeals -- Arbitration. -- (a)

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The statement of cause for dismissal shall be given to the teacher, in writing, by the governing

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body of the schools. at least one month prior to the close of the school year. The teacher may,

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within fifteen (15) days of the notification, request, in writing, a hearing before the full board.

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The hearing shall be public or private, in the discretion of the teacher. Both teacher and school

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board shall be entitled to be represented by counsel and to present witnesses. The board shall

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keep a complete record of the hearing and shall furnish the teacher with a copy. Any teacher

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aggrieved by the decision of the school board shall have the right of appeal to the department of

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elementary and secondary education and shall have the right of further appeal to the superior

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court.

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      (b) Nothing contained in this section shall be construed to prohibit or at any time to have

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prohibited a school committee from agreeing, in a collective bargaining agreement, to the

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arbitration of disputes arising out of the nonrenewal, dismissal, and/or suspension of a teacher

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pursuant to sections 16-13-2, 16-13-3, and/or 16-13-5.

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     16-13-6. Suspension because of decrease in school population -- Seniority --

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Reinstatement. -- (a) A school board may, by reason of a substantial decrease of pupil

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population within its school system, suspend teachers in numbers necessitated by the decrease in

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pupil population; provided, however, that suspension of teachers shall be in the inverse order of

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their employment unless it is necessary to retain certain teachers of technical subjects whose

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places cannot be filled by teachers of earlier appointment; and, provided, further, that teachers

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that are suspended shall be reinstated in the inverse order of their suspension. No new

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appointments shall be made while there are available teachers so suspended.

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      (b) Notice of suspension under this section and section 16-13-5 shall be given, in

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writing, by the governing body of schools on or before March 1 June 1st notifying the teacher that

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his or her employment for the ensuing year shall be suspended, provided however, notice by that

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date need not be provided in the instance of an emergency performance related cause.

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     16-13-8. Continuity of tenure upon transfer. -- Any teacher in continuing service who

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voluntarily resigns and transfers to another community in Rhode Island without interrupting his

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or her professional career, shall be considered to remain under tenure unless the teacher is

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notified to the contrary, in writing, prior to March 1 of the second school year in which the

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teacher transfers. If the dismissal or nonrenewal is based on fiscal exigency or program

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reorganization, the teacher shall be notified, in writing, prior to June 1st of the second (2nd) school

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year in which the teacher transfers.

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     SECTION 2. This act shall take effect upon passage.

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LC00108

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION

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     This act would amend the notification requirements regarding the dismissal, suspension

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or lay-off of teachers in the event of a fiscal exigency or program reorganization.

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     This act would take effect upon passage.

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LC00108

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