1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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2 | 2 | | *TNL004* 11/20/2024 9:01:09 AM TNL004 |
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3 | 3 | | State of Arkansas 1 |
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4 | 4 | | 95th General Assembly A Bill 2 |
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5 | 5 | | Regular Session, 2025 HOUSE BILL 1025 3 |
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6 | 6 | | 4 |
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7 | 7 | | By: Representative A. Collins 5 |
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8 | 8 | | 6 |
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9 | 9 | | 7 |
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10 | 10 | | For An Act To Be Entitled 8 |
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11 | 11 | | AN ACT TO CREATE THE TEACHER FAIR DISMISSAL ACT OF 9 |
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12 | 12 | | 2025; AND FOR OTHER PURPOSES. 10 |
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13 | 13 | | 11 |
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14 | 14 | | 12 |
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15 | 15 | | Subtitle 13 |
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16 | 16 | | TO CREATE THE TEACHER FAIR DISMISSAL ACT 14 |
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17 | 17 | | OF 2025. 15 |
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18 | 18 | | 16 |
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19 | 19 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17 |
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20 | 20 | | 18 |
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21 | 21 | | SECTION 1. Arkansas Code § 6 -13-808, concerning the Arkansas Traveling 19 |
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22 | 22 | | Teacher Program, is amended to add an additional subsection to read as 20 |
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23 | 23 | | follows: 21 |
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24 | 24 | | (i) An agreement for traveling teacher services under this section is 22 |
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25 | 25 | | not governed by or subject to the provisions of The Teacher Fair Dismissal 23 |
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26 | 26 | | Act of 2025, § 6-17-3001 et seq. 24 |
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27 | 27 | | 25 |
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28 | 28 | | SECTION 2. Arkansas Code § 6 -15-2610 is amended to read as follows: 26 |
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29 | 29 | | 6-15-2610. Construction with other state law. 27 |
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30 | 30 | | To the extent that the provisions of this subchapter or the terms of an 28 |
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31 | 31 | | approved Rewarding Excellence in Achievement Program plan directly conflict 29 |
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32 | 32 | | with any provision of § 6 -17-201 et seq., The Teacher Fair Dismissal Act of 30 |
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33 | 33 | | 2025, § 6-17-3001 et seq., or the provisions of any other state law relating 31 |
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34 | 34 | | to the compensation of public school teachers, the provisions of this 32 |
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35 | 35 | | subchapter and the approved Rewarding Excellence in Achievement Program plan 33 |
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36 | 36 | | shall control. 34 |
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37 | 37 | | 35 |
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38 | 38 | | SECTION 3. Arkansas Code § 6 -15-2804(a), concerning requirements for 36 HB1025 |
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39 | 39 | | |
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40 | 40 | | 2 11/20/2024 9:01:09 AM |
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41 | 41 | | schools that are designated as schools of innovation, is amended to add an 1 |
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42 | 42 | | additional subdivision to read as follows: 2 |
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43 | 43 | | (12) Adhere to The Teacher Fair Dismissal Act of 2025, § 6 -17-3 |
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44 | 44 | | 3001 et seq. 4 |
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45 | 45 | | 5 |
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46 | 46 | | SECTION 4. Arkansas Code § 6 -17-204(c)(2)(B)(ii), concerning personnel 6 |
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47 | 47 | | policies incorporated into teachers' contracts, is amended to read as 7 |
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48 | 48 | | follows: 8 |
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49 | 49 | | (ii)(a) A provision that states that due to the 9 |
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50 | 50 | | policy change, each continuing employee under contract shall have the power 10 |
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51 | 51 | | to unilaterally exercise the power of rescission within a period of thirty 11 |
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52 | 52 | | (30) days after the school district board of directors takes final action by 12 |
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53 | 53 | | providing to the school district board of directors a notice of rescission in 13 |
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54 | 54 | | the form of a letter of resignation during the period of thirty (30) days. 14 |
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55 | 55 | | (b) For continuing contract employees covered 15 |
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56 | 56 | | under The Teacher Fair Dismissal Act of 2025, § 6 -17-3001 et seq., the power 16 |
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57 | 57 | | of rescission in this section shall be in addition to the power of rescission 17 |
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58 | 58 | | provided under § 6-17-3006. 18 |
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59 | 59 | | 19 |
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60 | 60 | | SECTION 5. Arkansas Code § 6 -17-812(b)(3), concerning agreements 20 |
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61 | 61 | | entered into by teachers to receive compensation for teaching more than the 21 |
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62 | 62 | | maximum number of students permitted, is amended to add an additional 22 |
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63 | 63 | | subdivision to read as follows: 23 |
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64 | 64 | | (C) The provisions of The Teacher Fair Dismissal Act of 24 |
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65 | 65 | | 2025, § 6-17-3001 et seq., do not apply to an agreement entered into between 25 |
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66 | 66 | | a teacher and a school district under this section. 26 |
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67 | 67 | | 27 |
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68 | 68 | | SECTION 6. Arkansas Code § 6 -17-2807(g) and (h), concerning a teacher 28 |
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69 | 69 | | placed in intensive support status under the Teacher Excellence and Support 29 |
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70 | 70 | | System, are amended to read as follows: 30 |
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71 | 71 | | (g)(1)(A) Upon review and approval of the documentation, the 31 |
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72 | 72 | | superintendent may recommend termination or nonrenewal of the teacher's 32 |
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73 | 73 | | contract. 33 |
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74 | 74 | | (B) A recommendation for termination or nonrenewal of a 34 |
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75 | 75 | | teacher's contract under this section shall be made pursuant to the authority 35 |
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76 | 76 | | granted to a superintendent for recommending termination or nonrenewal under 36 HB1025 |
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77 | 77 | | |
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78 | 78 | | 3 11/20/2024 9:01:09 AM |
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79 | 79 | | The Teacher Fair Dismissal Act of 2025, § 6 -17-3001 et seq. 1 |
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80 | 80 | | (2)(A) When a superintendent makes a recommendation for 2 |
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81 | 81 | | termination or nonrenewal of a teacher's contract under this section, the 3 |
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82 | 82 | | public school shall provide a written notice to the teacher. 4 |
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83 | 83 | | (B) A notice shall meet the minimum requirements under The 5 |
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84 | 84 | | Teacher Fair Dismissal Act of 2025, § 6 -17-3001 et seq., but is exempt from 6 |
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85 | 85 | | the provisions of § 6 -17-3004(b). 7 |
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86 | 86 | | (3)(A) If the a public school has substantially complied with 8 |
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87 | 87 | | the requirements of this section, the public school is entitled to a 9 |
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88 | 88 | | rebuttable presumption that the public school has a substantive basis for the 10 |
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89 | 89 | | termination or nonrenewal of the teacher's contract under the applicable 11 |
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90 | 90 | | standard for termination or nonrenewal under The Teacher Fair Dismissal Act 12 |
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91 | 91 | | of 2025, § 6-17-3001 et seq. 13 |
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92 | 92 | | (B) The presumption may be rebutted by the teacher during 14 |
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93 | 93 | | an appeal under The Teacher Fair Dismissal Act of 2025, § 6 -17-3001 et seq. 15 |
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94 | 94 | | (h) This section does not preclude a public school superintendent 16 |
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95 | 95 | | from: 17 |
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96 | 96 | | (1) Making a recommendation for the termination or nonrenewal of 18 |
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97 | 97 | | a teacher's contract for any lawful reason under The Teacher Fair Dismissal 19 |
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98 | 98 | | Act of 2025, § 6-17-3001 et seq.; or 20 |
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99 | 99 | | (2) Including in a recommendation for termination or nonrenewal 21 |
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100 | 100 | | of a teacher's contract under this section any other lawful reason for 22 |
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101 | 101 | | termination or nonrenewal under The Teacher Fair Dismissal Act of 2025, § 6 -23 |
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102 | 102 | | 17-3001 et seq. 24 |
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103 | 103 | | 25 |
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104 | 104 | | SECTION 7. Arkansas Code Title 6, Chapter 17, is amended to add an 26 |
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105 | 105 | | additional subchapter to read as follows: 27 |
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106 | 106 | | Subchapter 30 — The Teacher Fair Dismissal Act of 2025 28 |
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107 | 107 | | 29 |
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108 | 108 | | 6-17-3001. Title. 30 |
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109 | 109 | | This subchapter shall be known and may be cited as “The Teacher Fair 31 |
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110 | 110 | | Dismissal Act of 2025”. 32 |
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111 | 111 | | 33 |
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112 | 112 | | 6-17-3002. Definitions. 34 |
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113 | 113 | | (a) As used in this subchapter: 35 |
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114 | 114 | | (1)(A) “Probationary teacher” means a teacher who has not 36 HB1025 |
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115 | 115 | | |
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116 | 116 | | 4 11/20/2024 9:01:09 AM |
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117 | 117 | | completed three (3) successive years of employment in the public school 1 |
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118 | 118 | | district in which the teacher is currently employed. 2 |
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119 | 119 | | (B)(i) A teacher employed in a public school district in 3 |
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120 | 120 | | this state for at least three (3) years shall be deemed to have completed the 4 |
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121 | 121 | | probationary period. 5 |
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122 | 122 | | (ii) However, by a majority vote of its directors, 6 |
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123 | 123 | | an employing public school district may provide for one (1) additional year 7 |
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124 | 124 | | of probationary status; and 8 |
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125 | 125 | | (2) “Teacher” means any person, exclusive of the public school 9 |
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126 | 126 | | district superintendent or assistant superintendent, employed in an Arkansas 10 |
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127 | 127 | | public school district who is required to hold a teaching license from the 11 |
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128 | 128 | | State Board of Education as a condition of employment. 12 |
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129 | 129 | | (b) A teacher who has completed three (3) successive years of 13 |
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130 | 130 | | employment in the school district in which the teacher is employed on July 4, 14 |
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131 | 131 | | 2025, or a teacher who has been given credit for a prior service in another 15 |
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132 | 132 | | public school district as authorized by subdivision (a)(1)(B)(i) of this 16 |
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133 | 133 | | section, is deemed to have completed the required probationary period. 17 |
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134 | 134 | | 18 |
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135 | 135 | | 6-17-3003. Construction. 19 |
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136 | 136 | | (a) The General Assembly finds that the: 20 |
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137 | 137 | | (1) Current standard, which requires cause that is not 21 |
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138 | 138 | | arbitrary, capricious, or discriminatory for the nonrenewal, termination, or 22 |
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139 | 139 | | suspension of a teacher, should be raised to a standard of just and 23 |
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140 | 140 | | reasonable cause; and 24 |
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141 | 141 | | (2) Current standard for compliance with this subchapter and a 25 |
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142 | 142 | | public school district's personnel policies of strict compliance should be 26 |
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143 | 143 | | lowered to substantial compliance. 27 |
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144 | 144 | | (b) This subchapter is not a teacher tenure law in that it does not 28 |
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145 | 145 | | confer lifetime appointment of teachers. 29 |
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146 | 146 | | (c) A nonrenewal, termination, suspension, or other disciplinary 30 |
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147 | 147 | | action by a public school district shall be void unless the public school 31 |
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148 | 148 | | district substantially complies with all provisions of this subchapter and 32 |
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149 | 149 | | the public school district's applicable personnel policies. 33 |
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150 | 150 | | 34 |
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151 | 151 | | 6-17-3004. Evaluation — Effect. 35 |
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152 | 152 | | (a) Each teacher employed by a board of directors of a public school 36 HB1025 |
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153 | 153 | | |
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154 | 154 | | 5 11/20/2024 9:01:09 AM |
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155 | 155 | | district shall be evaluated in writing under the Teacher Excellence and 1 |
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156 | 156 | | Support System, § 6-17-2801 et seq. 2 |
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157 | 157 | | (b) At a time other than an evaluation conducted under the Teacher 3 |
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158 | 158 | | Excellence and Support System, § 6 -17-2801 et seq., if a public school 4 |
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159 | 159 | | district superintendent or other public school administrator charged with the 5 |
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160 | 160 | | supervision of a teacher believes or has reason to believe that the teacher 6 |
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161 | 161 | | is having difficulties or problems meeting the expectations of the public 7 |
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162 | 162 | | school district or its administration and the administrator believes or has 8 |
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163 | 163 | | reason to believe that the problems could lead to termination or nonrenewal 9 |
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164 | 164 | | of contract, the public school district superintendent or other public school 10 |
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165 | 165 | | administrator shall: 11 |
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166 | 166 | | (1) In writing, bring the problems and difficulties to the 12 |
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167 | 167 | | attention of the teacher involved; and 13 |
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168 | 168 | | (2) Document the efforts that have been undertaken to assist the 14 |
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169 | 169 | | teacher to correct whatever appears to be the cause for potential termination 15 |
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170 | 170 | | or nonrenewal. 16 |
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171 | 171 | | 17 |
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172 | 172 | | 6-17-3005. Teacher personnel file. 18 |
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173 | 173 | | (a) A public school district shall maintain a personnel file for each 19 |
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174 | 174 | | teacher that shall be available to the teacher for inspection and copying at 20 |
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175 | 175 | | the teacher's expense during normal office hours. 21 |
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176 | 176 | | (b) A teacher may submit for inclusion in his or her personnel file 22 |
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177 | 177 | | written information in response to any of the material contained in the 23 |
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178 | 178 | | personnel file. 24 |
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179 | 179 | | 25 |
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180 | 180 | | 6-17-3006. Contract renewal — Notice of nonrenewal — Rescission. 26 |
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181 | 181 | | (a) Each contract of employment made between a teacher and a public 27 |
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182 | 182 | | school district board of directors shall be renewed in writing on the same 28 |
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183 | 183 | | terms and for the same salary, unless increased or decreased by law, for the 29 |
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184 | 184 | | next school year succeeding the date of termination fixed therein. 30 |
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185 | 185 | | (b) A renewal of a contract of employment made between a teacher and a 31 |
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186 | 186 | | public school district board of directors may be made by an endorsement on 32 |
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187 | 187 | | the existing contract instrument unless: 33 |
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188 | 188 | | (1) By May 1 of the contract year, the teacher is notified by 34 |
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189 | 189 | | the public school district superintendent that the public school district 35 |
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190 | 190 | | superintendent is recommending that the teacher's contract not be renewed; 36 HB1025 |
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191 | 191 | | |
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192 | 192 | | 6 11/20/2024 9:01:09 AM |
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193 | 193 | | (2) During the period of the contract or within ten (10) 1 |
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194 | 194 | | calendar days after the end of the school year, a teacher sends by certified 2 |
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195 | 195 | | or registered mail to the president, vice president, or secretary of the 3 |
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196 | 196 | | public school district board of directors, with a copy provided to the public 4 |
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197 | 197 | | school district superintendent, or delivers in person to the president, vice 5 |
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198 | 198 | | president, or secretary of the public school district board of directors, 6 |
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199 | 199 | | with a copy provided to the public school district superintendent, his or her 7 |
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200 | 200 | | resignation as a teacher; or 8 |
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201 | 201 | | (3) The contract is superseded by another contract between the 9 |
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202 | 202 | | parties. 10 |
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203 | 203 | | (c)(1) Termination, nonrenewal, or suspension shall be only upon the 11 |
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204 | 204 | | recommendation of the public school district superintendent. 12 |
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205 | 205 | | (2)(A) A notice of nonrenewal shall be delivered in person to a 13 |
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206 | 206 | | teacher or mailed by registered or certified mail to a teacher at the 14 |
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207 | 207 | | teacher's resident address as reflected in the teacher's personnel file. 15 |
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208 | 208 | | (B) The notice of recommended nonrenewal of a teacher 16 |
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209 | 209 | | shall include a statement of the reasons for the recommendation, setting 17 |
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210 | 210 | | forth the reasons in separately numbered paragraphs so that a reasonable 18 |
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211 | 211 | | teacher can prepare a defense. 19 |
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212 | 212 | | (d)(1) A teacher shall not be required to sign and return a contract 20 |
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213 | 213 | | for the next school year any sooner than thirty (30) days after the contract 21 |
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214 | 214 | | is issued to the teacher. 22 |
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215 | 215 | | (2) A teacher may unilaterally rescind any signed contract no 23 |
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216 | 216 | | later than ten (10) days after the end of the school year. 24 |
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217 | 217 | | 25 |
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218 | 218 | | 6-17-3007. Notice of termination recommendation. 26 |
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219 | 219 | | (a) A teacher may be terminated only during the term of a contract: 27 |
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220 | 220 | | (1) When there is a reduction in force created by districtwide 28 |
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221 | 221 | | reduction in licensed staff; 29 |
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222 | 222 | | (2) For incompetent performance; 30 |
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223 | 223 | | (3) For conduct that materially interferes with the continued 31 |
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224 | 224 | | performance of the teacher's duties; 32 |
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225 | 225 | | (4) For repeated or material neglect of duty; or 33 |
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226 | 226 | | (5) For other just and reasonable cause. 34 |
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227 | 227 | | (b) A public school district superintendent: 35 |
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228 | 228 | | (1) Shall notify a teacher of a recommendation for termination 36 HB1025 |
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229 | 229 | | |
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230 | 230 | | 7 11/20/2024 9:01:09 AM |
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231 | 231 | | of the teacher; and 1 |
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232 | 232 | | (2)(A) May notify a public school resource officer assigned to 2 |
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233 | 233 | | the public school campus on which the teacher is employed of the 3 |
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234 | 234 | | recommendation for termination of the teacher. 4 |
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235 | 235 | | (B)(i) A public school district superintendent shall not 5 |
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236 | 236 | | disclose any additional details regarding a recommendation for termination of 6 |
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237 | 237 | | a teacher to a public school resource officer assigned to the public school 7 |
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238 | 238 | | campus on which the teacher is employed unless the public school district 8 |
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239 | 239 | | superintendent, in his or her discretion and based on relevant information, 9 |
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240 | 240 | | believes there are risks to: 10 |
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241 | 241 | | (a) Campus security; and 11 |
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242 | 242 | | (b) Student safety. 12 |
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243 | 243 | | (ii) Additional details regarding a recommendation 13 |
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244 | 244 | | for termination of the teacher include without limitation: 14 |
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245 | 245 | | (a) The underlying reasons for a 15 |
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246 | 246 | | recommendation for termination of the teacher; 16 |
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247 | 247 | | (b) The identity of other individuals involved 17 |
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248 | 248 | | in a recommendation for termination of the teacher, including without 18 |
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249 | 249 | | limitation other teachers, students, administrators employed at or attending 19 |
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250 | 250 | | the public school campus where the teacher is employed, and parents or legal 20 |
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251 | 251 | | guardians of students attending the public school campus where the teacher is 21 |
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252 | 252 | | employed; and 22 |
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253 | 253 | | (c) Further disciplinary actions taken against 23 |
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254 | 254 | | the teacher in addition to the recommendation for termination of the teacher. 24 |
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255 | 255 | | (C) If a public school district superintendent determines 25 |
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256 | 256 | | that disclosure of additional details regarding a recommendation for 26 |
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257 | 257 | | termination of teacher is necessary under subdivision (b)(2)(B) of this 27 |
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258 | 258 | | section, the public school district superintendent shall limit the disclosure 28 |
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259 | 259 | | of the additional details to the minimum amount of information that he or she 29 |
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260 | 260 | | believes is necessary for the public school resource officer assigned to the 30 |
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261 | 261 | | public school campus on which the teacher is employed to ensure campus 31 |
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262 | 262 | | security and student safety. 32 |
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263 | 263 | | (c)(1) A notice for termination shall include a statement of the 33 |
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264 | 264 | | reasons for the recommendation of termination, setting forth the reasons in 34 |
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265 | 265 | | separately numbered paragraphs so that a reasonable teacher can prepare a 35 |
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266 | 266 | | defense. 36 HB1025 |
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267 | 267 | | |
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268 | 268 | | 8 11/20/2024 9:01:09 AM |
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269 | 269 | | (2) A notice shall be delivered in person to the teacher or sent 1 |
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270 | 270 | | by registered or certified mail to the teacher at the teacher's resident 2 |
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271 | 271 | | address as reflected in the teacher's personnel file. 3 |
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272 | 272 | | 4 |
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273 | 273 | | 6-17-3008. Suspension. 5 |
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274 | 274 | | (a) If a public school district superintendent has reason to believe 6 |
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275 | 275 | | that cause exists for the termination of a teacher and that immediate 7 |
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276 | 276 | | suspension of the teacher is necessary, the public school district 8 |
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277 | 277 | | superintendent may suspend the teacher without notice or a hearing. 9 |
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278 | 278 | | (b) A public school district superintendent: 10 |
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279 | 279 | | (1) Shall notify a teacher of the suspension in writing within 11 |
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280 | 280 | | two (2) school days of the suspension; and 12 |
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281 | 281 | | (2)(A) May notify a public school resource officer assigned to 13 |
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282 | 282 | | the public school campus on which the teacher is employed of the teacher's 14 |
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283 | 283 | | suspension. 15 |
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284 | 284 | | (B)(i) A public school district superintendent shall not 16 |
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285 | 285 | | disclose any additional details regarding a suspension of the teacher to a 17 |
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286 | 286 | | public school resource officer assigned to the public school campus on which 18 |
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287 | 287 | | the teacher is employed unless the public school district superintendent, in 19 |
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288 | 288 | | his or her discretion and based on relevant information, believes there are 20 |
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289 | 289 | | risks to: 21 |
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290 | 290 | | (a) Campus security; and 22 |
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291 | 291 | | (b) Student safety. 23 |
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292 | 292 | | (ii) Additional details regarding the suspension of 24 |
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293 | 293 | | the teacher include without limitation: 25 |
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294 | 294 | | (a) The underlying reasons for the suspension 26 |
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295 | 295 | | of the teacher; 27 |
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296 | 296 | | (b) The identity of other individuals involved 28 |
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297 | 297 | | in the suspension of the teacher, including without limitation other 29 |
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298 | 298 | | teachers, students, administrators employed at or attending the public school 30 |
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299 | 299 | | campus where the teacher is employed, and parents or legal guardians of 31 |
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300 | 300 | | students attending the public school campus where the teacher is employed; 32 |
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301 | 301 | | and 33 |
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302 | 302 | | (c) Further disciplinary actions taken against 34 |
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303 | 303 | | a teacher in addition to the suspension, unless the further disciplinary 35 |
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304 | 304 | | actions include a recommendation for the termination of the teacher. 36 HB1025 |
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305 | 305 | | |
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306 | 306 | | 9 11/20/2024 9:01:09 AM |
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307 | 307 | | (C) If a public school district superintendent determines 1 |
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308 | 308 | | that disclosure of additional details regarding the suspension of a teacher 2 |
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309 | 309 | | is necessary under subdivision (b)(2)(B) of this section, the public school 3 |
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310 | 310 | | district superintendent shall limit the disclosure of the additional details 4 |
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311 | 311 | | to the minimum amount of information that he or she believes is necessary for 5 |
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312 | 312 | | the public school resource officer assigned to the public school campus on 6 |
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313 | 313 | | which the teacher is employed to ensure campus security and student safety. 7 |
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314 | 314 | | (c)(1) A written notice shall include a statement of the reasons for 8 |
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315 | 315 | | suspension or recommended termination, setting forth the reasons in 9 |
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316 | 316 | | separately numbered paragraphs so that a reasonable teacher can prepare a 10 |
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317 | 317 | | defense. 11 |
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318 | 318 | | (2) The written notice shall be delivered in person to the 12 |
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319 | 319 | | teacher or sent by registered or certified mail to the teacher at the 13 |
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320 | 320 | | teacher's residence address as reflected in the teacher's personnel file and 14 |
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321 | 321 | | shall state that a hearing before the public school district board of 15 |
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322 | 322 | | directors is available to the teacher upon request provided that the request 16 |
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323 | 323 | | is made in writing within the time provided in § 6 -17-3009. 17 |
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324 | 324 | | (d) A hearing shall be scheduled by the president, vice president, or 18 |
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325 | 325 | | secretary of the public school district board of directors and the teacher 19 |
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326 | 326 | | and shall be held within the time and manner provided in § 6 -17-3009 after a 20 |
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327 | 327 | | request for the hearing is received by the public school district board of 21 |
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328 | 328 | | directors. 22 |
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329 | 329 | | (e) If sufficient grounds for termination or suspension are found, a 23 |
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330 | 330 | | public school district board of directors may terminate a teacher or continue 24 |
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331 | 331 | | the suspension for a definite period of time. 25 |
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332 | 332 | | (f) The salary of a suspended teacher shall cease as of the date the 26 |
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333 | 333 | | public school district board of directors sustains the suspension. 27 |
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334 | 334 | | (g) If sufficient grounds for termination or suspension are not found, 28 |
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335 | 335 | | a teacher shall be reinstated without loss of compensation. 29 |
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336 | 336 | | 30 |
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337 | 337 | | 6-17-3009. Hearing. 31 |
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338 | 338 | | (a) A teacher who receives a notice of recommended termination or 32 |
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339 | 339 | | nonrenewal may file a written request with the public school district board 33 |
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340 | 340 | | of directors for a hearing. 34 |
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341 | 341 | | (b) A written request for a hearing shall be sent by certified or 35 |
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342 | 342 | | registered mail to the president, vice president, or secretary of the public 36 HB1025 |
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343 | 343 | | |
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344 | 344 | | 10 11/20/2024 9:01:09 AM |
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345 | 345 | | school district board of directors, with a copy provided to the public school 1 |
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346 | 346 | | district superintendent, or may be delivered in person by the teacher to the 2 |
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347 | 347 | | president, vice president, or secretary of the public school district board 3 |
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348 | 348 | | of directors, with a copy provided to the public school district 4 |
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349 | 349 | | superintendent, within thirty (30) calendar days after the written notice of 5 |
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350 | 350 | | proposed termination or nonrenewal is received by the teacher. 6 |
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351 | 351 | | (c) Upon receipt of a request for a hearing, a public school district 7 |
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352 | 352 | | board of directors shall grant a hearing in accordance with the following 8 |
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353 | 353 | | provisions: 9 |
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354 | 354 | | (1) The hearing shall take place at a time agreed upon in 10 |
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355 | 355 | | writing by the parties, but if no time can be agreed upon, then the hearing 11 |
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356 | 356 | | shall be held no fewer than five (5) calendar days nor more than twenty (20) 12 |
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357 | 357 | | calendar days after the written request has been received by the public 13 |
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358 | 358 | | school district board of directors; 14 |
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359 | 359 | | (2)(A) The hearing shall be private unless the teacher or the 15 |
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360 | 360 | | public school district board of directors request that the hearing be public. 16 |
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361 | 361 | | (B) If the hearing is public, the parent or legal guardian 17 |
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362 | 362 | | of any student under eighteen (18) years of age who offers testimony may 18 |
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363 | 363 | | elect to have the student's testimony offered in private; 19 |
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364 | 364 | | (3) The teacher and the public school district board of 20 |
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365 | 365 | | directors may be represented by representatives of their choosing; 21 |
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366 | 366 | | (4) A full record of the proceedings at the hearing shall be 22 |
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367 | 367 | | made and preserved only if: 23 |
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368 | 368 | | (A) The public school district board of directors elect to 24 |
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369 | 369 | | make and preserve a record of the hearing at its own expense, in which event 25 |
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370 | 370 | | a copy shall be furnished the teacher, upon request, without cost to the 26 |
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371 | 371 | | teacher; or 27 |
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372 | 372 | | (B) A written request is filed with the public school 28 |
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373 | 373 | | district board of directors by the teacher at least twenty -four (24) hours 29 |
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374 | 374 | | before the time set for the hearing, in which event the board of directors 30 |
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375 | 375 | | shall make and preserve at its own expense a record of the hearing and shall 31 |
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376 | 376 | | furnish a transcript to the teacher without cost; and 32 |
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377 | 377 | | (5) The public school district board of directors shall not 33 |
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378 | 378 | | consider at the hearing any new reasons which were not specified in the 34 |
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379 | 379 | | notices required by this subchapter. 35 |
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380 | 380 | | (d) Nothing in this section shall preclude a public school district 36 HB1025 |
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381 | 381 | | |
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382 | 382 | | 11 11/20/2024 9:01:09 AM |
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383 | 383 | | that officially recognizes in its policies an organization representing the 1 |
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384 | 384 | | majority of the teachers of the public school district for the purpose of 2 |
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385 | 385 | | negotiating personnel policies, salaries, and educational matters of mutual 3 |
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386 | 386 | | concern under a written policy agreement from conducting a single nonrenewal 4 |
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387 | 387 | | hearing when all the public school district's teachers are recommended for 5 |
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388 | 388 | | nonrenewal provided that each teacher at such hearing shall be given an 6 |
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389 | 389 | | opportunity to make comments to be included in the hearing record. 7 |
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390 | 390 | | 8 |
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391 | 391 | | 6-17-3010. Board action on termination or nonrenewal — Appeal. 9 |
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392 | 392 | | (a)(1) Upon conclusion of its hearing with respect to the termination 10 |
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393 | 393 | | or nonrenewal of a contract of a teacher who has been employed as a full -time 11 |
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394 | 394 | | teacher by the public school district for less than three (3) continuous 12 |
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395 | 395 | | years, a public school district board of directors shall take action on the 13 |
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396 | 396 | | recommendations by the public school district superintendent with respect to 14 |
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397 | 397 | | the termination or nonrenewal of the teacher's contract. 15 |
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398 | 398 | | (2) A public school district board of directors' decision on the 16 |
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399 | 399 | | nonrenewal of a probationary teacher shall be final. 17 |
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400 | 400 | | (b)(1) A licensed teacher who has been employed continuously by the 18 |
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401 | 401 | | public school district three (3) or more years or who may have achieved 19 |
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402 | 402 | | nonprobationary status pursuant to § 6 -17-3002 may be terminated or the 20 |
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403 | 403 | | public school district board of directors may refuse to renew the contract of 21 |
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404 | 404 | | the teacher only: 22 |
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405 | 405 | | (A) When there is a reduction in force created by 23 |
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406 | 406 | | districtwide reduction in licensed personnel; 24 |
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407 | 407 | | (B) For incompetent performance; 25 |
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408 | 408 | | (C) For conduct that materially interferes with the 26 |
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409 | 409 | | continued performance of the teacher's duties; 27 |
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410 | 410 | | (D) For repeated or material neglect of duty; or 28 |
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411 | 411 | | (E) For other just and reasonable cause. 29 |
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412 | 412 | | (2)(A) Upon completion of a hearing, a public school district 30 |
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413 | 413 | | board of directors, within ten (10) days after the hearing, shall: 31 |
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414 | 414 | | (i) Uphold the recommendation of the public school 32 |
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415 | 415 | | district superintendent to terminate or not renew the teacher's contract; 33 |
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416 | 416 | | (ii) Reject or modify the public school district 34 |
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417 | 417 | | superintendent's recommendation to terminate or not renew the teacher's 35 |
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418 | 418 | | contract; or 36 HB1025 |
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419 | 419 | | |
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420 | 420 | | 12 11/20/2024 9:01:09 AM |
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421 | 421 | | (iii) Vote to continue the contract of the teacher 1 |
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422 | 422 | | under such restrictions, limitations, or assurances as the public school 2 |
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423 | 423 | | district board of directors may deem to be in the best interest of the public 3 |
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424 | 424 | | school district. 4 |
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425 | 425 | | (B) A decision shall be reached by a public school 5 |
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426 | 426 | | district board of directors within ten (10) days from the date of the 6 |
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427 | 427 | | hearing, and a copy of the decision shall be furnished in writing to the 7 |
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428 | 428 | | teacher involved, either by personally delivering it to the teacher or by 8 |
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429 | 429 | | mailing it by registered or certified mail to the teacher's resident address 9 |
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430 | 430 | | as reflected in the teacher's personnel file. 10 |
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431 | 431 | | (c) Following a hearing granted to a teacher, a public school district 11 |
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432 | 432 | | board of directors, by majority vote, shall make specific written conclusions 12 |
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433 | 433 | | with regard to the truth of each reason provided to the teacher in support of 13 |
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434 | 434 | | the recommended termination or nonrenewal. 14 |
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435 | 435 | | (d)(1) The exclusive remedy for any nonprobationary teacher aggrieved 15 |
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436 | 436 | | by a decision made by a public school district board of directors shall be an 16 |
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437 | 437 | | appeal to the circuit court of the county in which the public school district 17 |
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438 | 438 | | is located, within seventy -five (75) days of the date of written notice of 18 |
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439 | 439 | | the action of the board of directors. 19 |
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440 | 440 | | (2) Additional testimony and evidence may be introduced on 20 |
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441 | 441 | | appeal to show facts and circumstances showing that the termination or 21 |
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442 | 442 | | nonrenewal was lawful or unlawful. 22 |
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443 | 443 | | 23 |
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444 | 444 | | SECTION 8. Arkansas Code § 6 -20-1909(a)(5), concerning powers of the 24 |
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445 | 445 | | Commissioner of Elementary and Secondary Education with respect to public 25 |
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446 | 446 | | school districts in fiscal distress, is amended to read as follows: 26 |
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447 | 447 | | (5) Waive the application of Arkansas law or the corresponding 27 |
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448 | 448 | | State Board of Education rules, with the exception of: 28 |
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449 | 449 | | (A) Special education programs as provided in this title; 29 |
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450 | 450 | | (B) Criminal background checks for employees as provided 30 |
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451 | 451 | | in this title; and 31 |
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452 | 452 | | (C) Health and safety codes as established by the State 32 |
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453 | 453 | | Board of Education and local governmental entities; and 33 |
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454 | 454 | | (D) The Teacher Fair Dismissal Act of 2025, § 6 -17-3001 et 34 |
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455 | 455 | | seq.; 35 |
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456 | 456 | | 36 HB1025 |
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457 | 457 | | |
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458 | 458 | | 13 11/20/2024 9:01:09 AM |
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459 | 459 | | SECTION 9. Arkansas Code § 6 -21-811(g)(6), concerning steps the 1 |
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460 | 460 | | Division of Public School Academic Facilities and Transportation may take 2 |
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461 | 461 | | when a public school district is classified as being in facilities distress 3 |
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462 | 462 | | under the Academic Facilities Distress Program, is amended to read as 4 |
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463 | 463 | | follows: 5 |
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464 | 464 | | (6) Waive the application of Arkansas law or the corresponding 6 |
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465 | 465 | | State Board of Education or commission rules, with the exception of: 7 |
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466 | 466 | | (A) Special education programs as provided in this title; 8 |
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467 | 467 | | (B) Conducting criminal background checks for employees as 9 |
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468 | 468 | | provided in this title; and 10 |
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469 | 469 | | (C) Health and safety codes as established by the state 11 |
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470 | 470 | | board, the commission, and local governmental entities; and 12 |
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471 | 471 | | (D) The Teacher Fair Dismissal Act of 2025, § 6 -17-3001 et 13 |
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472 | 472 | | seq.; 14 |
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