2016 -- S 2648 SUBSTITUTE A

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LC004942/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO EDUCATION -- TEACHERS' TENURE

     Introduced By: Senators DiPalma, Lombardi, and Archambault

     Date Introduced: February 25, 2016

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-13-2 of the General Laws in Chapter 16-13 entitled "Teachers'

Tenure" is hereby amended to read as follows:

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

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

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

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

the dismissal of the teacher is for good and just cause, in which case the governing body need

only provide reasonable notice and a hearing consistent with §16-12-6. If the dismissal or

nonrenewal is based on fiscal exigency or program reorganization, the governing body shall

notify the teacher on or before June 1 s t of the school year immediately preceding the school year

in which the dismissal or nonrenewal is to become effective. Provided, however, that a teacher,

upon request, shall be furnished a statement of cause for dismissal or nonrenewal of his or her

contract by the school committee; provided further, that whenever any contract is not renewed, or

the teacher is dismissed, the teacher shall be entitled to a hearing and appeal pursuant to the

procedure set forth in § 16-13-4.

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

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

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

to subsection (a) of this section.

     SECTION 2. Section 16-13-3 of the General Laws in Chapter 16-13 entitled "Teachers'

Tenure" is hereby amended to read as follows:

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

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

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

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

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

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

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

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

unless the dismissal of the teacher is for good and just cause, in which case the governing body

need only provide reasonable notice and a hearing consistent with §16-12-6. If the dismissal is

based on fiscal exigency or program reorganization, the notice of dismissal shall be given to the

teacher, in writing, on or before June 1 s t of the school year immediately preceding the school

year in which the dismissal is to become effective. The teacher shall be furnished with a complete

statement of the cause(s) for the dismissal by the governing body of the school and shall be

entitled to a hearing and appeal pursuant to the procedure set forth in § 16-13-4.

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

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

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

of this section.

      (c) Any teacher employed by a local or regional school committee who has attained

tenure in a Rhode Island public school system; who is appointed to an administrative position of

principal, assistant principal, vice principal, superintendent, assistant superintendent, director, or

other central office personnel in any Rhode Island public school system, including the original

school district of employment; or who is hired for an administrative position as a fellow,

education specialist, or director by the Rhode Island department of education, shall be granted an

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

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

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

the Rhode Island department of education. Said teachers shall, upon completion of their

administrative position employment contract, or termination or resignation of the administrative

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

from which the leave of absence was taken. Such leaves of absence shall not be deemed to be an

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interruption of service for the purposes of seniority and teacher retirement.

     SECTION 3. 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

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     This act would clarify the law concerning the amount of notice required to be provided to

a tenured teacher to be dismissed for good and just cause. Reasonable notice and hearing are

required.

     This act would take effect upon passage.

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