Transcript 2011 Legislative Session & Education Employment Law

Legislative Update
Lee Harrell
TSBA Director of Government
& Labor Relations
HB 2883 – Fitzhugh
SB 2723 – Finney
• Enables local board members to participate
in meetings electronically for absences due
to family emergencies, military service, or
work
• Permissive – LEAs will develop a board
policy to allow remote participation
HB 2883 – Fitzhugh
SB 2723 – Finney
There are several limitations in the statute:
a) A physical quorum must be present at the meeting
b) A board member may participate electronically no more
than twice per year - (unless absent for military service)
c) The member must be visually identified by the chairman
d) In the event of an absence for work, the member must
be removed from the county and provide 5 days notice
HB 2753 – Hensley
SB 3044 - McNally
• This new law enables LEAs to spend federal or private
grants without seeking the approval of the local
legislative body
• An LEA will need to get approval if a grant requires:
a. Matching funds,
b. In-kind contributions of real property, or
c. Financial obligations beyond the life of the grant.
•
LEA must provide copy of resolution to the local
legislative body within 7 days
HB 3583 – Carr
SB 3553 – Tracy
• Requires a sponsor to submit a letter of
intent to the LEA.
• Extends from 15 to 30 days the time an LEA
has to review an amended application. An
LEA must make a decision within 30 days or
the application is deemed approved.
• Enables LEAs to correct the per pupil
allocations to charter schools in October,
February and June.
HB 3769 – H. Brooks
SB 3247 – Berke
• Moves the deadline for submitting a charter
application from October 1 to April 1.
• Extends from 60 to 90 days the time that an
LEA has to review a application.
HB 3769 – H. Brooks
SB 3247 – Berke
• Allows an LEA to charge up to $500 per
application.
• Enables an LEA to withhold 1% of a charter
school’s funds (up to $20,000) per year for
the first four years of operations if the charter
school is contracting w/ the LEA for services.
HB 3770 – Ramsey
SB 3283 – Tracy
TCA 5-21-111 (prior law)
(e) (1) The county legislative body may alter or
revise the proposed budget except as to
provision for debt service requirements and for
other expenditures required by law.
HB 3770 – Ramsey
SB 3283 – Tracy
(New Language)
…However, when reviewing the proposed budget of the
county department of education, the county legislative body
may only alter or revise the total amount of expenditures as
proposed and such alterations or revisions shall comply with
state law and regulations. Upon alteration or revision of the
proposed budget of the department of education, the
director of schools shall submit a revised budget within the
total expenditures approved by the county legislative body
within ten (10) days. If the revised budget complies with the
amount of expenditures as adopted by the county legislative
body, the revised budget will become the approved budget
for the county department of education.
HB 2789 by McDonald –
SB 3640 by Roberts
49-6-3401. Suspension of students
• Suspension currently authorized for assaulting a
principal or teacher with vulgar, obscene or threatening
language;
• This bill adds school bus drivers and other school
personnel to this section.
HB 2789 by McDonald –
SB 3640 by Roberts (cont.)
• New Language: (a) A teacher, principal, school
employee or school bus driver, in exercising the
person's lawful authority, may use reasonable force
when necessary under the circumstances to correct or
restrain a student or prevent bodily harm or death to
another person.
• (b) It is a defense against a civil action for damages
under this section that a teacher, principal, school
employee or school bus driver in the exercise of the
person's lawful authority used reasonable force...
HB 3241 by H. Brooks –
SB 3116 by Gresham
• Each local board of education shall adopt a policy
regarding a teacher’s ability to relocate a student
for the student's safety or the safety of others.
• If steps beyond the use of reasonable force are
required, the student shall be allowed to remain in
place until a local law enforcement officer can be
summoned to relocate the student or take the
student into custody until such a time as a parent or
guardian can retrieve the student.
HB 3241 by H. Brooks –
SB 3116 by Gresham (cont.)
• This policy shall also cover teachers’ authorization to
intervene in a physical altercation between two
students, or between a student and employee using
reasonable or justifiable force if necessary to end the
altercation by relocating the student to another location.
• This policy shall be in effect on school property, as well
as at official school functions, including, but not limited
to sporting events and approved field trips, taking place
away from the local school property.
HB 3098 by Hensley–
SB 2302 by Summerville
• The department shall issue a license to teach in
grades nine through twelve (9-12) to any person
who has taught at an eligible postsecondary
institution full-time for two (2) or more years or parttime for four (4) or more years.
• The license shall bear an endorsement to teach
only in the subject area in which the person taught
at the eligible postsecondary institution.
HB 2675 by Carr –
SB 3341 by Ketron
• If a subject requires an end-of-course exam, the
teacher must have an endorsement for the subject.
• If not, the teacher must pass a standardized test
covered the content of the course.
• Once passed, the teacher does not have to retake
the tests unless his/her evaluations demonstrate an
overall performance level of below expectations or
significantly below expectations.
HB 2237 by Sargent –
SB 2635 by Johnson
• This bill inserts language to clarify that a teacher
may be dismissed or suspended for
incompetence, inefficiency, neglect of duty,
unprofessional conduct and insubordination.
• This legislation changes the process for
suspending an educator for three days or less.
HB 2237 by Sargent –
SB 2635 by Johnson
1. The director shall provide written notice of suspension
and the any documents supporting the decision.
2. Upon request, the director shall provide a conference
for the teacher to present information. Both sides may
have representation.
3. The director shall issue a decision within ten days and
may not impose punishment beyond that described in
the notice.
4. The teacher may appeal to the chancery court.
Conclusion
Questions?