Teacher employment hearings.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0504

HOUSE BILL
NO.

HB0159

Teacher employment hearings.

Sponsored by:
Representative(s) Harvey, Northrup, Paxton and Teeters and Senator(s) Coe and Peterson

A BILL

for

AN ACT relating to
the Wyoming teacher employment law;
specifying procedure
s
applicable to hearings on contested teacher employment decisions; modifying grounds for teacher suspension or dismissal;
and providing for an effective date.

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

Section

1.

W.S. 21
‑
7
‑
106
(
a)
and
21
‑
7
‑
110(a)
(viii),
by creating a new paragraph (ix) and by renumbering (ix) as (x)
, (c), (d) and (
g
) are amended to read:

21
‑
7
‑
106.

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

(a)

A continuing contract 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. Upon receipt of notice, the teacher may request a hearing on the recommendation before
an independent hearing officer through the office of administrative hearings as provided
under

the board pursuant to
W.S. 21
‑
7
‑
110
.

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
any of the following reasons:

(viii)

Conviction of a felony;
and

(ix)

Breach of contract; and

(ix)
(x)

Any other good or just cause relating to the educational process.

(c)

Any continuing contract teacher receiving notice of a recommendation of termination under W.S. 21
‑
7
‑
106(
a), or any teacher against whom dismissal or suspension proceedings are instituted, is entitled to a hearing before
an independent hearing officer provided through the office of administrative
hearings

the board
on the recommendation for termination 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 of termination under W.S. 21
‑
7
‑
106(
a) or after receiving notice of dismissal or suspension under subsection (b) of this section.

Expenses of the hearing officer shall be paid by the school district in accordance with W.S. 9
‑
2
‑
2202(
b)(ii).

(d)

Within five (5) days after
selection

receipt of the request for hearing
, the
hearing
officer

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
‑
106(a) or
subsection (b) of this section, as applicable. The hearing shall be conducted in accordance with
contested case procedures specified under
W.S. 9
‑
2
‑
2202(
b)

the W
yoming Administrative Procedure
Act
. All school district records pertaining to the teacher shall be made available to the
hearing officer

teacher
.

(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 or dismiss the teacher, or to retain the teacher. If the board terminates, suspends 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

evidence and testimony, render written findings of fact and determine if the teacher's employment is terminated, suspended or dismissed, or that the teacher be retained
.
The board's findings shall be forwarded to the
teacher within twenty (20) days following conclusion of the hearing.

Section 2.

W.S. 21
‑
7
‑
110(
e) is repealed.

Section 3.

This act is effective July 1, 2013.

(END)

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HB0159