2015 -- S 0201 SUBSTITUTE A

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LC001048/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO EDUCATION -- TEACHERS' TENURE -- HEARINGS

     Introduced By: Senators DiPalma, Lombardi, E O`Neill, Morgan, and Pearson

     Date Introduced: February 11, 2015

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-13-4 of the General Laws in Chapter 16-13 entitled "Teachers'

Tenure" is hereby amended to read as follows:

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

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

body of the schools. The teacher may, within fifteen (15) days of the notification, request, in

writing, a hearing before the full school committee or school board. The hearing shall be public or

private, in the discretion of the teacher. Both teacher and school board shall be entitled to be

represented by counsel and to present witnesses. The board shall keep a complete record of the

hearing and shall furnish the teacher with a copy. Any teacher aggrieved by the decision of the

school board shall have the right of appeal to the department of elementary and secondary

education and shall have the right of further appeal to the superior court. Any decisions rendered

must be approved by a majority of the full board. Members voting on a decision must have been

in attendance at the hearing.

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

prohibited, a school committee in a municipality or regional school district with an elected school

committee, or the chief executive officer in a municipality with an appointed school committee

from agreeing, in a collective bargaining agreement, to the arbitration of disputes arising out of

the nonrenewal, dismissal, and/or suspension of a teacher pursuant to §§ 16-13-2, 16-13-3, and/or

16-13-5.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- TEACHERS' TENURE -- HEARINGS

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     This act would provide any teacher who has received a statement of cause for dismissal

could request a hearing before the school committee or school board. This hearing would not

have to be before the full committee or board, but any decisions rendered would have to be

approved by a majority of the full board. Members voting on such a decision would need to have

been present at the original hearing.

     This act would take effect upon passage.

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