Teacher tenure.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0248

SENATE FILE

NO.
SF0052

Teacher tenure.

Sponsored by:
Senator
Senator(s) Coe, Anderson,
Jennings
and Von Flatern and Representative(s) Buchanan, Childers, Lubnau, McOmie, Quarberg and Teeters

A BILL

for

AN ACT relating to
education; removing continuing contract status from the Wyoming teacher employment law;

modifying and
repealing provisions
accordingly
;
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
‑
10
2(a)
(intro),
(iii), (vi) and (ix), 21
‑
7
‑
105, 21
‑
7
‑
109,
21
‑
7
‑
110(a) through (e),
21
‑
7
‑
111
(a)(iv) and
(b), 21
‑
7
‑
112

and
21
‑
7
‑
11
3
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

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 fol
lowing definitions shall apply:

(iii)

"Dismissal"
.

–
means t
he cancellation of any teacher's contract of employment by the board of trustees 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
;

(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
.

21
‑
7
‑
105.

Employment of teachers on annual basis; notice of termination to teachers.

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 basis and 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

teacher's employment may be terminated
or suspended with or without pay

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.

Upon receipt of notice, the teacher may request a hearing before an independent hearing of
ficer as provided under W.S. 21
‑
7
‑
110.

21
‑
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 or dismissal of teachers; notice; hearing; independent hearing officer; board review and decision; appeal.

(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
.

(b)

Suspension or dismissal proceedings shall be initiated 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 delivering to the teacher a written notice of suspension or
dismissal

termination
, together with written reasons.

(c)

Any
continuing contract

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

21
‑
7
‑
105

or against whom
dismissal or

suspension proceedings are instituted is entitled to a hearing before an independent hearing officer on the recommendation or the reasons for dismissal or suspension, 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)

21
‑
7
‑
105

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)

21
‑
7
‑
105

or subsection (b) of this section, as applicable. The hearing shall be conducted 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
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)

21
‑
7
‑
105

or that suspension or
dismissal

termination

is based upon reasons specified in the notice given under subsection (b) of this section, as applicable.

21
‑
7
‑
111.

Inapplicability of provisions.

(a)

Nothing in this article shall prohibit:

(iv)

The termination of the contract of a teacher at the end of current school year because of a decrease in the size of faculty due to decreased enrollment, combining of school districts or an event beyond the control of the board if notice of termination is given pursuant to W.S. 21-7-105
and 21-7-106(a)

except the request for a hearing does not apply;

(b)

Nothing in this article including the duty to provide a reason for termination of

an initial contract

a

teacher's employment
,
shall be interpreted as requiring any hearing or as requiring any proof of cause if school districts are not prohibited from providing by policy or contract, additional procedures or rights to

initial contract

teachers
.

21
‑
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

May
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
‑
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
May
1, 2011
.

Section 2.

W.S. 21
‑
7
‑
102(a)(ii) and (iv), 21
‑
7
‑
103, 21
‑
7
‑
104(a),
21
‑
7
‑
106
and 21
‑
7
‑
114 are repealed.

Section 3.

This act is effective
May
1, 2011.

(END)

1
SF0052