Rep. Hill, Merr. 6
Sen. Forsythe, Dist. 4
May 12, 2011
2011-1895h
06/01
Amendment to SB 196
Amend the title of the bill by replacing it with the following:
AN ACT relative to the renomination or reelection of teachers and grievance procedures.
Amend the bill by replacing all after the enacting clause with the following:
1 Failure to be Renominated or Reelected. Amend RSA 189:14-a to read as follows:
189:14-a Failure to be Renominated or Reelected.
I.(a) Any teacher who has a professional standards certificate from the state board of education and who has taught for one or more years in the same school district shall be notified in writing on or before April 15 or within 15 days of the adoption of the district budget by the legislative body, whichever is later, if that teacher is not to be renominated or reelected, provided that no notification shall occur later than the Friday following the second Tuesday in May.
(b) Any such teacher who has taught for [3 consecutive years or more in the same school district] 5 consecutive years or more in the teacher’s current school district, or who taught for 3 consecutive years or more in the teacher’s current school district before July 1, 2011, and who has been so notified may request in writing within 10 days of receipt of said notice a hearing before the school board and may in said request ask for reasons for failure to be renominated or reelected. For purposes of this section only, a leave of absence shall not interrupt the consecutive nature of a teacher’s service, but neither shall such a leave be included in the computation of a teacher’s service. Computation of a teacher’s service for any other purposes shall not be affected by this section. The notice shall advise the teacher of all of the teacher’s rights under this section. The school board, upon receipt of said request, shall provide for a hearing on the request to be held within 15 days. The school board shall issue its decision in writing within 15 days of the close of the hearing.
II. Any teacher who has a professional standards certificate from the state board of education [and who has taught for 3 consecutive years or more in any school district in the state] shall, [after having taught for 2 consecutive years in any other school district in the state,] be entitled to all of the rights for notification and hearing in paragraphs I(b), III, and IV of this section if:
(a) The teacher has taught for 5 consecutive years or more in any school district in the state and has taught for 3 consecutive years or more in the teacher’s current school district; or
(b) Before July 1, 2011, the teacher taught for 3 consecutive years or more in any school district in the state and taught for 2 consecutive years or more in the teacher’s current school district.
III. In cases of nonrenomination [because of unsatisfactory performance, the superintendent of the local school district shall demonstrate, at the school board hearing, by a preponderance of the evidence, that the teacher had received written notice that the teacher’s unsatisfactory performance may lead to nonrenomination, that the teacher had a reasonable opportunity to correct such unsatisfactory performance, and that the teacher had failed to correct such unsatisfactory performance. Nothing in this paragraph shall be construed to require the superintendent or the school board to provide a teacher with remedial assistance to correct any deficiencies that form the basis for such teacher’s nonrenomination] or nonreelection because of reduction in force, the reduction in force shall not be based solely on seniority.
IV. In all proceedings before the school board under this section, the burden of proof for nonrenewal of a teacher shall be on the superintendent of the local school district by a preponderance of the evidence. Except as provided in paragraph III, the grounds for nonrenomination and nonreelection shall be determined at the sole discretion of the school board.
V. “Teacher” means any professional employee of any school district whose position requires certification as a professional engaged in teaching. The term “teacher” shall also include principals, assistant principals, librarians, and guidance counselors.
2 Review by State Board. Amend RSA 189:14-b, I to read as follows:
I. A teacher aggrieved by such decision may [either] petition the state board of education for review thereof [or request arbitration under the terms of a collective bargaining agreement, if applicable, butmay not do both]. Such petition must be in writing and filed with the state board within 10 days after the issuance of the decision to be reviewed. Upon receipt of such petition, the state board shall notify the school board of the petition for review, and shall forthwith proceed to a consideration of the matter. Such consideration shall include a hearing if either party shall request it. The state board shall issue its decision within 15 days after the petition for review is filed, and the decision of the state board shall be final and binding upon both parties. A petition for review under this section shall constitute the exclusive remedy available to a teacher on the issue of the nonrenewal of such teacher.
3 Grievance Procedures. Amend RSA 273-A:4 to read as follows:
273-A:4 Grievance Procedures. Every agreement negotiated under the terms of this chapter shall be reduced to writing and shall contain workable grievance procedures. No grievance resulting from the failure of a teacher to be renewed pursuant to RSA 189:14-a shall be subject to arbitration or any other binding resolution, except as provided by RSA 189:14-a and RSA 189:14-b. Any such provision in force as of the effective date of this section shall be null and void upon the expiration date of that collective bargaining agreement. “Grievance resulting from failure of a teacher to be renewed” means a grievance that challenges nonrenewal, or that seeks reversal or reinstatement from nonrenewal as a remedy.
4 Effective Date. This act shall take effect July 1, 2011.
2011-1895h
AMENDED ANALYSIS
This bill amends the length of time required for a teacher to be entitled to the rights of notification and hearing for failure to be renominated or reelected. This bill declares that in cases of nonrenomination or nonreelection because of reduction in force, the reduction in force shall not be based solely on seniority. This bill also limits a petition for review as the exclusive remedy available to a teacher on the issue of the nonrenewal of such teacher.
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