2013 -- S 0889 SUBSTITUTE A

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LC02422/SUB A

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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 - TEACHERS' TENURE

     Introduced By: Senators Lombardi, Cool Rumsey, Ciccone, Archambault, and Conley

     Date Introduced: April 25, 2013

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-13-3 of the General Laws in Chapter 16-13 entitled "Teachers'

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Tenure" is hereby amended to read as follows:

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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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The teacher shall be furnished with a complete statement of the cause(s) for the dismissal by the

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governing body of the school and shall be entitled to a hearing and appeal pursuant to the

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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 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. Any teacher employed by a local or regional school committee

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who has attained tenure in a Rhode Island public school system, who is appointed to an

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administrative position of principal, assistant principal, vice principal, superintendent, assistant

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superintendent, director, or other central office personnel in any Rhode Island public school

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system, including the original school district of employment, or who is hired for an administrative

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position as a fellow, education specialist, or director by the Rhode Island department of

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education, shall be granted an unpaid leave of absence, not to exceed three (3) years, in order to

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be employed in an administrative position of principal, assistant principal, vice principal,

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superintendent, assistant superintendent, director, or other central office personnel in any Rhode

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Island school system or the Rhode Island department of education. Said teachers shall, upon

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completion of their administrative position employment contract, or termination or resignation of

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the administrative position, be allowed to return to his or her former status as a tenured teacher

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within the system from which the leave of absence was taken. Such leaves of absence shall not be

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deemed to be an interruption of service for the purposes of seniority and teacher retirement.

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     SECTION 2. This act shall take effect upon passage.

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LC02422/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - TEACHERS' TENURE

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     This act would provide that any teacher employed by a local or regional school

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committee, who has attained tenure in a Rhode Island public school system, be granted an unpaid

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leave of absence, not to exceed three (3) years in order to be employed in an appointed

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administrative position in another Rhode Island public school system, and upon completion of

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their administrative position employment contract, or termination or resignation, be allowed to

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return to his or her former status as a tenured teacher within the system from which the leave of

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absence was taken, and said absence shall not be deemed to be an interruption of service for the

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purposes of seniority and teacher retirement.

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     This act would take effect upon passage.

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LC02422/SUB A

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