This bill makes numerous changes in the administrative hearing and appeal process as related to tenured teachers. Current law authorizes local school boards to dismiss tenured teachers for certain causes and after following certain administrative procedures. This bill allows teachers to request an administrative hearing at which an impartial arbiter will decide whether or not the teacher will be dismissed. The bill requires local school boards or superintendents to issue a warning to teachers at least 120 days before the teacher can be served with a formal notice of charges of incompetency, inefficiency, or insubordination. Current law requires that at least 30 days elapse between a warning and notice of charges.
Current law permits either the teacher or the local school board to request a hearing.
The bill permits only the teacher to request a hearing and specifies that it be open to the public unless the teacher requests that it be closed. If the teacher requests a hearing, the superintendent must notify the State Board of Education, which is required to provide a list of five prospective, accredited, and impartial arbiters within five days. Within seven days of receipt of the list, the teacher and the local board alternatively strike names from the list until one name remains. The remaining individual will serve as the hearing officer and be compensated by the school district. The hearing must commence between 30 and 45 days from the selection of the hearing officer unless otherwise scheduled by mutual agreement.