Teacher tenure-3.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0500

HOUSE BILL
NO.
HB0212

Teacher tenure-3.

Sponsored by:
Representative(s) Teeters

A BILL

for

AN ACT relating to education; removing continuing contract status from the
Wyoming
teacher employment law; modifying and repealing provisions accordingly; modifying hearing requirements; modifying and expanding reasons for suspension, dismissal and termination; specifying applicability; specifying legislative intent; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 21
‑
3
‑
110(a)(xviii), 21
‑
6
‑
225, 21
‑
7
‑
102(a)(intro), (iii), (vi), (viii), (ix) and by creating (x), 21
‑
17
‑
104(a), 21
‑
7
‑
105, 21
‑
7
‑
106, 21
‑
7
‑
109, 21
‑
7
‑
110(a), (c) through (g), by creating new subsections (h) through (m), by renumbering (h) as (n) and by creating new subsection
s
(o)
and (p)
and 21
‑
7
‑
112 through 21
‑
7
‑
114 are amended to read:

21
‑
3
‑
110.

Duties of boards of trustees.

(a)

The board of trustees in each school district shall:

(xviii)

Establish a teacher performance evaluation system and require the performance of each
continuing contract
nonprobationary

teacher to be evaluated in writing at least once each year. The teacher shall receive a copy of each evaluation of his performance;

21
‑
6
‑
225.

Contract rights and benefits of employees and teachers.

No
contract right,
fringe benefit, benefit granted under school policies
, or continuing contract status of any employee,
or any rights under the Wyoming Teachers' Employment Act shall be denied or reduced as a result of school district reorganization
, except as provided by W.S. 21
‑
7
‑
111(a)(iv).
The new school district shall have the right to establish a uniform salary and benefit schedule for employees of the previous school districts and shall have the right to establish the length of the contract year.

21
‑
7
‑
102.

Definitions.

(a)

As used in the article
:
the following definitions shall apply:

(iii)

"Dismissal"
.

–
means t
he
cancellation
termination
of any teacher's contract of employment by the board of trustees
prior to the end of a school year
while
such
the
contract is in effect
;
. In the case of a continuing contract teacher, dismissal shall mean cancellation of his contract at any time other than at the end of a school year where proper notice has been given;

(vi)

"Suspension with pay"
means t
he removal of a teacher from the classroom during the school year without termination of salary
;

pending the outcome of a hearing in accordance with W.S. 21
‑
7
‑
110;

(viii)

"Termination"
.

–
means t
he
failure of t
he board of trustees
of a school district in Wyoming to

reemploy a teacher

at the end of a

offer a teacher employed by the district a contract for the ensuing
school year
;
in any given year;

(ix)

"Suspension without pay" means the removal of a teacher from the classroom during the school year with the termination of salary
;

for a period not to exceed one (1) calendar year
commencing upon completion of a hearing held under W.S. 21
‑
7
‑
110.

(x)

"Probationary teacher" means a teacher
who has been employed by the same school district
with
in the state for
less than th
r
ee (3) consecutive school years
and has
not had
his contract renewed for a fourth consecutive school year
.

21
‑
7
‑
104.

T
eacher

salary increases
; service credit
.

(a)

A
continuing contract

teacher
shall be

employed by
each

a

school
district on
a continuing basis from year to year without

an

annual
contract renewal
at
basis shall be paid

a salary determined by the board of trustees of each district, said salary subject to increases from time to time as provided for in the salary provisions adopted by the board.

21
‑
7
‑
105.

Employment of teachers on annual basis; termination of probationary teacher; notice.

An initial contract
A
teacher who has taught in the system continuously for a period of at least ninety (90) days shall be hired on an annual
contract
basis
.

and
A probationary teacher

shall be notified in writing of the reasons for termination, if such is the case, no later than April 15 of each year.
An initial contract
A probationary
teacher's employment may be terminated for any reason not specifically prohibited by law
.
, and a board is not limited to the reasons set forth in W.S. 21
‑
7
‑
110(a).
The notice of termination shall not be disseminated to the public or to prospective employers absent the teacher's consent. Nothing contained in this section shall limit the use of the notice in any hearing.

21
‑
7
‑
106.

Notice of recommendation of termination to
nonprobationary
teacher; when termination effective.

(a)

A
continuing contract

nonprobationary

teacher shall be notified of a recommendation of termination by the superintendent or any member of the board designated by the superintendent or designated by the board pursuant to a majority vote of the board by giving the teacher written notice together with written reasons for termination on or before April 15 of any year.
A nonprobationary teacher may be terminated for any reason not specifically prohibited by law.

Upon receipt of notice, the teacher may request a hearing on the recommendation
before an independent hearing officer

as provided under W.S. 21
‑
7
‑
110.

(b)

If ordered by the board under W.S.
21
‑
7
‑
110(g)

21
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7
‑
110(m)
, termination under recommendation shall be effective at the end of the school year in the year in which notice of termination is given.

21
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7
‑
109.

When contract offered to and accepted by teacher.

Upon determination to offer a contract for the ensuing year, t
he board
must
shall
offer
a
the
contract
for the ensuing year
to
each initial contract
the
teacher
if such is to be offered
by April 15
.
, and it must

The contract shall
be accepted by
the teacher by
May 15 of each year
offered
or the position
will
shall
be declared open.

21
‑
7
‑
110.

Suspension, termination or dismissal of teachers; notice; hearing; judicial review.

(a)

The board may suspend
,

or
dismiss
any teacher
or terminate any
continuing contract
teacher for incompetency, neglect of duty, immorality, insubordination, unsatisfactory performance or any other
good or just cause
reason not specifically prohibited by law
.

(c)

A
ny
continuing contract

teacher

receiving notice of
a recommendation of
termination under W.S.
21
‑
7
‑
106(a)

or
against whom
dismissal or
suspension
without pay
proceedings are instituted
under subsection (b) of this section
is entitled to a hearing before an independent hearing officer on
the recommendation or
the reasons for dismissal or suspension
without pay
, upon submission of a written request to the superintendent. The request for hearing shall be given within seven (7) days after receipt of notice under
W.S.

21
‑
7
‑
106(a)

or
subsection (b) of this section. The independent hearing officer shall insofar as possible, be impartial, experienced in education, labor and employment matters and in the conduct of hearings. Within five (5) days following receipt of the hearing request, the superintendent and the teacher shall jointly select a hearing officer. If they fail to agree upon selection, the district judge of the judicial district in which the school district is located shall upon request select a hearing officer. Expenses of the hearing officer shall be paid equally by the school district and the teacher.

(d)

Within five (5) days after selection, the hearing officer shall set the date for hearing and notify the teacher and superintendent of the hearing date, time and location. In no event shall the hearing commence on a date later than forty
‑
five (45) days after notice under
W.S.

21
‑
7
‑
106(a)
or
subsection (b) of this section
.
, as applicable.
The hearing shall be conducted
as a contested case
proceeding

in
accordance with the Wyoming Administrative Procedure Act and the hearing officer may accordingly receive or reject evidence and testimony, administer oaths and if necessary, subpoena witnesses. All school district records pertaining to the teacher shall be made available to the hearing officer.

(e)

At the hearing, the teacher has the right to appear in person with or without counsel, to be heard, to present testimony or witnesses and all evidence bearing upon proposed
termination,
dismissal
or suspension
without pay
and to cross-examine witnesses. The superintendent shall have the burden of proving
that the recommendation for termination is based upon reasons provided in the notice of termination submitted pursuant to W.S. 21
‑
7
‑
106(a) or
that suspension
without pay
or
dismissal
is based upon reasons specified in the notice given under subsection (b) of this section
.
, as applicable
.

(f)

The hearing officer shall review the evidence and testimony, render written findings of fact and recommend
if
the teacher
should
be
terminated,
suspended
without pay
or dismissed
.
, or that the teacher be retained.
The findings and recommendations shall be forwarded to the teacher, the superintendent and members of the board within twenty (20) days following conclusion of the hearing.

(g)

The board shall review the findings of fact and recommendation submitted by the hearing officer and within twenty (20) days after receipt, issue a written order
to

either terminate,

suspend
without pay
or dismiss the
teacher
.
, or to retain the teacher
. If the board
terminates,

suspends
without pay
or dismisses the teacher's employment over a recommendation by the hearing officer
,

for retention,
the written order of the board shall include a conclusion together with reasons supported by the record. A copy of the order shall be provided to the teacher and a copy shall be entered into the school district records pertaining to the teacher. Any action by the board pursuant to this subsection shall be approved by a majority of the duly elected members of the board.

(h)

With the exception of probationary teachers, a
ny teacher receiving notice of termination under W.S. 21
‑
7
‑
105 is entitled to a hearing before the board on the reasons for termination

upon submission of a written request to the board. The request for hearing shall be given within seven (7) days after receipt of notice under W.S. 21
‑
7
‑
105
.

(j)

Within five (5) days after receipt of the written request for a hearing
under subsection (h) of this section
, the board shall set the date for hearing and notify the teacher and superintendent of the hearing date, time and location. In no event shall the hearing commence on a date later than forty
‑
five (45) days after notice under W.S. 21
‑
7
‑
105.

(k)

The hearing

under subsection (h) of this section
shall be limited and shall not be a contested case proceeding under the
Wyoming
Administrative Procedure Act. The teacher shall be provided an opportunity to present argument and may be represented by counsel. The teacher and superintendent may submit written evidence in the form of affidavits and supporting documents. Oral testimony shall not be taken. The board shall determine
if
termination is based upon reasons provided in the notice of termination submitted pursuant to W.S. 21
‑
7
‑
105.

(m)

No
t
more than twenty (20) days after the hearing

under subsection (h) of this section
, t
he board shall issue a written order to either terminate

or to retain the teacher. If the board
elects to
terminate
the teacher
, the written order shall include a conclusion together with reasons supporting the order. A copy of the order shall be provided to the teacher and a copy shall be entered into the school district records pertaining to the teacher. Any action by the board pursuant to this subsection shall be approved by a majority of the duly elected members of the board.

(h)
(n)

Appeals may be taken from the order of the board
under subsections (g) and (m) of this section

to the district court as provided by the Wyoming Administrative Procedure Act. An electronic recording of hearing proceedings may serve as the official transcript but upon appeal, the district court may request a written transcript of the proceedings or any portion of the proceedings. The cost of transcribing the record shall be borne equally by the teacher and the school district.

(o)

Nothing in this section prohibits the board from providing a probationary teacher a hearing.

(p)

A teacher suspended with pay is not entitled to a hearing.

21
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7
‑
112.

Effect on existing contracts.

The contracts of all teachers in the state of
Wyoming
from and after
the effective date of this act
July 1, 2011
shall be subject to the policies, rules
,
and regulations of the school district not in conflict with this law or the other laws of the state of
Wyoming
.

21
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7
‑
113.

Application to teachers presently employed.

The provisions of this article shall apply to all teachers who are teaching in Wyoming on
the effective date hereof; provided, however, the status of teachers covered under this act will be determined by their original date of employment as a teacher in the state of Wyoming
and after July 1, 2011 and shall apply regardless of whether the teacher was employed prior to July 1, 2011 as a teacher in Wyoming
.

21
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7
‑
114.

Designation by schools of
nonprobationary

teachers.

Any board may designate a
probationary

teacher as a
continuing contract

nonprobationary

teacher at any time without regard to the other provisions of this article.

Section 2.

W.S. 21
‑
7
‑
102(a)(ii) and (iv), 21
‑
7
‑
103 and
21
‑
7
‑
111
(a)(iii) and (b)
are repealed.

Section 3.

It is the intent of the legislature that the provision of a limited hearing to a teacher
receiving notice of
termination does not create any property right.
Th
e legislature finds,
determines and declares that this act is necessary for the immediate

preservation of the public peace, health and safety
.

Section 4.

This act is effective July 1, 2011.

(END)

1
HB0212