HB 1200 -- Teacher Termination Hearings

Sponsor:  Bray

Current law authorizes local school boards to dismiss tenured
teachers for certain causes and after following certain
administrative procedures.  This bill allows teachers to request
an administrative hearing at which a hearing officer will decide
whether or not the teacher will be dismissed.

The bill requires local school boards or superintendents to
notify teachers at least 120 days before formal notice on
charges of incompetence, inefficiency, or insubordination is
served, instead of 30 days' notice under current law.  If a
local school board suspends a teacher until a decision is
rendered, the teacher is entitled to receive salary and benefits
during the suspension.  Currently, teachers in these
circumstances are only guaranteed salary.

Currently, either the teacher or the local school board may
request a hearing; the bill permits only the teacher to request
a hearing.  When a teacher requests a hearing, the
superintendent must notify the State Board of Education, which
will provide a list of 5 accredited, impartial hearing officers
within 5 days.  Within 7 days of receiving the list, the teacher
and the local board will alternately strike names from the list
until one name remains.  The remaining individual will serve as
the hearing officer and be compensated by the school district.

The hearing must be held between 30 and 45 days after the
hearing officer is selected unless another schedule is mutually
agreed upon.  The State Board must promulgate uniform standards
and procedural rules for hearings including, at a minimum,
discovery of witnesses, written interrogatories, and production
of relevant documents.  The bill specifies that a hearing will
be open to the public unless the teacher requests that it be
closed.

Within 30 days of the conclusion of the hearing, the hearing
officer must decide if the teacher should be dismissed,
disciplined, or, in certain cases, continue conferring with the
superintendent to resolve the matter.  The hearing officer's
decision is final unless appealed by the teacher or the local
school board to the appropriate circuit court.