HB1550112th GA (Historical)Introduced

Amends TCA Title 49.

This bill revises the following present law provisions relative to school employees: (1) Present law provides that all persons who are employed in a position for which no teaching license is required are hired at the will of the director of schools and that the local board of education must develop a policy for dismissing such employees. This bill deletes these provisions. (2) Under present law, the director of schools may dismiss any nontenured, licensed employee under the director's jurisdiction for incompetence, inefficiency, insubordination, improper conduct or neglect of duty, after giving the employee, in writing, due notice of the charge or charges and providing a hearing; however, the employee must first be given, in writing: (A) Notice of the charge or charges; (B) An opportunity for a full and complete hearing before an impartial hearing officer selected by the board; (C) An opportunity to be represented by counsel; (D) An opportunity to call and subpoena witnesses; (E) An opportunity to examine all witnesses; and (F) The right to require that all testimony be given under oath. This bill revises the above provision to also apply to any person employed in a position for which no teaching license is required. This bill removes the requirement that items (B)-(F) above be in writing. (3) Under present law, any nontenured, licensed employee desiring to appeal from a decision rendered in favor of the school system must first exhaust the administrative remedy of appealing the decision to the board of education within 10 working days of the hearing officer rendering written findings of fact and conclusions to the affected employee. This bill adds that such provision also applies to any person employed in a position for which no teaching license is required.

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Overview

This bill revises the following present law provisions relative to school employees: (1) Present law provides that all persons who are employed in a position for which no teaching license is required are hired at the will of the director of schools and that the local board of education must develop a policy for dismissing such employees. This bill deletes these provisions. (2) Under present law, the director of schools may dismiss any nontenured, licensed employee under the director's jurisdiction for incompetence, inefficiency, insubordination, improper conduct or neglect of duty, after giving the employee, in writing, due notice of the charge or charges and providing a hearing; however, the employee must first be given, in writing: (A) Notice of the charge or charges; (B) An opportunity for a full and complete hearing before an impartial hearing officer selected by the board; (C) An opportunity to be represented by counsel; (D) An opportunity to call and subpoena witnesses; (E) An opportunity to examine all witnesses; and (F) The right to require that all testimony be given under oath. This bill revises the above provision to also apply to any person employed in a position for which no teaching license is required. This bill removes the requirement that items (B)-(F) above be in writing. (3) Under present law, any nontenured, licensed employee desiring to appeal from a decision rendered in favor of the school system must first exhaust the administrative remedy of appealing the decision to the board of education within 10 working days of the hearing officer rendering written findings of fact and conclusions to the affected employee. This bill adds that such provision also applies to any person employed in a position for which no teaching license is required.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 24, 2021

Subjects
47452883

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