Chapter 316

2009 -- S 0395 SUBSTITUTE A

Enacted 11/13/09

 

A N A C T

RELATING TO EDUCATION

     

     Introduced By: Senator Louis P. DiPalma

     Date Introduced: February 12, 2009   

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 16-12-6 of the General Laws in Chapter 16-12 entitled "Rights and

Duties of Teachers Generally" is hereby amended to read as follows:

 

     16-12-6. Dismissal of teachers -- Special rules as to Woonsocket and Cumberland

Dismissal of teachers. -- The school committee of any town may, on reasonable notice and

hearing, dismiss any teacher for refusal to conform to the regulations made by the committee, or

for other just cause.; provided, however, the respective school committee of the city of

Woonsocket and the town of Cumberland in electing teachers shall elect to serve at its discretion

all teachers who have served in the schools under its direction for the previous three (3)

consecutive school years; provided, that the respective school committee of the city of

Woonsocket and the town of Cumberland may elect to serve at its discretion any person who has

served more than one previous consecutive year. The respective school committee of the city of

Woonsocket and the town of Cumberland may dismiss a teacher within the year of employment

in the instance of teachers not employed at discretion, and at any time in the instance of teachers

employed at discretion by a two-thirds (2/3) vote of the whole school committee for cause, which

may be a violation of law, flagrant or persistent violation of the rules and regulations legally

prescribed by the school committee, inefficiency, incapacity, insubordination, conduct

unbecoming a teacher, or other just cause; provided, that no teacher shall be dismissed unless he

or she has received a written copy of the charge or charges against him or her not less than thirty

(30) days before the meeting at which the charge or charges are to be considered, and unless the

teacher if he or she so requests it has been given a hearing before the school committee, and

unless the charge or charges has or have been admitted or substantiated; and provided, further,

that nothing in this section shall prevent the retirement of any teacher under a rule of the

respective school committee affecting marriage or for the purpose of chapter 15 of this title; or

the retirement at the end of any school year of any teacher whose services may no longer be

required by reason of the closing of schools or the discontinuance of classes; and provided,

further, that the respective school committee of the city of Woonsocket and the town of

Cumberland may suspend any teacher for cause pending a hearing, but that suspension shall not

involve loss of salary unless the cause is sufficient to justify dismissal as provided in this section.

 

     SECTION 2. Chapter 16-12 of the General Laws entitled "Rights and Duties of Teachers

Generally" is hereby amended by adding thereto the following section:

 

     16-12-6.1. Special rules as to Woonsocket and Cumberland. -- The respective school

committee of the city of Woonsocket and the town of Cumberland in electing teachers shall elect

to serve at its discretion all teachers who have served in the schools under its direction for the

previous three (3) consecutive school years; provided, that the respective school committee of the

city of Woonsocket and the town of Cumberland may elect to serve at its discretion any person

who has served more than one previous consecutive year. The respective school committee of the

city of Woonsocket and the town of Cumberland may dismiss a teacher within the year of

employment in the instance of teachers not employed at discretion, and at any time in the instance

of teachers employed at discretion by a two-thirds (2/3) vote of the whole school committee for

cause, which may be a violation of law, flagrant or persistent violation of the rules and

regulations legally prescribed by the school committee, inefficiency, incapacity, insubordination,

conduct unbecoming a teacher, or other just cause; provided, that no teacher shall be dismissed

unless he or she has received a written copy of the charge or charges against him or her not less

than thirty (30) days before the meeting at which the charge or charges are to be considered, and

unless the teacher, if he or she so requests it, has been given a hearing before the school

committee, and unless the charge or charges has or have been admitted or substantiated; and

provided, further, that nothing in this section shall prevent the retirement of any teacher under a

rule of the respective school committee affecting marriage or for the purpose of chapter 15 of this

title; or the retirement at the end of any school year of any teacher whose services may no longer

be required by reason of the closing of schools or the discontinuance of classes; and provided,

further, that the respective school committee of the city of Woonsocket and the town of

Cumberland may suspend any teacher for cause pending a hearing, but that suspension shall not

involve loss of salary unless the cause is sufficient to justify dismissal as provided in this section.

 

     SECTION 3. This act shall take effect upon passage.

     

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LC01783/SUB A/4

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