Read the full stored bill text
24LSO-0328
2024
STATE OF WYOMING
24LSO-0328
Numbered
2.0
SENATE FILE NO. SF0095
Teacher tenure.
Sponsored by: Senator(s) Hicks, Brennan, Driskill and Steinmetz and Representative(s) Allred, Andrew, Burkhart, Neiman and Stith
A BILL
for
AN ACT relating to education; removing continuing contract status from the Wyoming teacher employment law as specified; modifying hearing requirements for teacher suspension, dismissal and termination; providing definitions; repealing provisions accordingly; 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), (viii) and by creating a new paragraph (x), 21
‑
7
‑
104(a), 21
‑
7
‑
105, 21
‑
7
‑
106, 21
‑
7
‑
109, 21
‑
7
‑
110(a)(intro), (c) through (e), (g), by creating new subsections (h) through (m), by renumbering (h) as (n) and by creating new subsections (o) and (p), 21
‑
7
‑
112 and 21
‑
7
‑
113 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 against the school district's standards for performance, as submitted and approved pursuant to W.S. 21
‑
2
‑
304(b)(xv), once a year until the teacher has been classified as effective under the performance evaluation system utilized by the school district for two (2) consecutive years. Upon a classification of effective for two (2) consecutive years, evaluation shall occur at minimum once every three (3) years. 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 this article
:
the following 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;
(viii)
"Termination"
.
‑
means t
he failure of the board of trustees of a school district in Wyoming to
reemploy
offer
a teacher
at the end of a school year in any given year
employed by the district a contract after the expiration of a previous contract
;
(x)
"Probationary teacher" means a teacher who has been employed by the same school district within the state for less than three (3) consecutive school years.
21
‑
7
‑
104.
Teacher 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 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 contract basis; termination of probationary teacher; notice.
(a)
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
a contract
basis
.
and
(b)
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).
(c)
The notice of termination
for any teacher
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
nonprobationary teacher's employment may be terminated for any reason not specifically prohibited by law before the offer and acceptance of an additional
contract
made under W.S. 21
‑
7
‑
109. A 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. 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 W.S. 21
‑
7
‑
110.
(b)
If ordered by the board under W.S.
21
‑
7
‑
110(g)
21
‑
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
‑
7
‑
109.
When contract offered to and accepted by teacher.
Upon determination to offer a contract to a teacher, 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.
A contract for a probationary teacher shall not exceed one (1) year. A contract for a nonprobationary teacher shall not exceed four (4) years.
21
‑
7
‑
110.
Suspension or dismissal of teachers; termination of nonprobationary teacher; 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:
(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
without pay
proceedings are instituted
under subsection (b) of this section
, is entitled to a hearing before an independent hearing officer provided through the office of administrative hearings on
the recommendation for termination 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
made
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
of receipt of the request for hearing under subsection (c) of this section
, 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 in accordance with contested case procedures specified under W.S. 9
‑
2
‑
2202(b). All school district records pertaining to the teacher shall be made available to the hearing officer.
(e)
At the hearing, 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.
(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)
Any nonprobationary teacher receiving notice of termination under W.S. 21
‑
7
‑
106(a) 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 made within seven (7) days after receipt of notice under W.S. 21
‑
7
‑
106(a).
(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 nonprobationary 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).
(k)
The hearing under subsection (h) of this section shall be limited and shall not be subject to the contested case procedures of the Wyoming Administrative Procedure Act. The nonprobationary teacher shall be provided an opportunity to present argument and may be represented by counsel. The nonprobationary 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
‑
106(a).
(m)
Not more than twenty (20) days after the hearing under subsection (h) of this section, the board shall issue a written order to either terminate or to retain the nonprobationary teacher. If the board elects to terminate the nonprobationary teacher, the written order shall include a conclusion together with reasons supporting the order. A copy of the order shall be provided to the nonprobationary 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
‑
7
‑
112.
Effect on existing contracts.
The contracts of all teachers in the state of Wyoming from and after July 1,
2012
2025
, 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 and after July 1,
2012
2025
, and shall apply regardless of whether the teacher was employed prior to July 1,
2012
2025
as a teacher in Wyoming.
Section 2.
W.S. 21
‑
7
‑
102(a)(ii) and (iv), 21
‑
7
‑
103 and 21
‑
7
‑
111(a) 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. The 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, 2025
.
(END)
1
SF0095