ACT NO The Students First Act

Section Summary Section 1: names the bill (page 2) Section 2: defines the intent of the bill (page 2-3) Section 3: defines terms (pages 3-7) These sections are straightforward and non- controversial.

Section 4 Establishment of Tenure/NP (1) Teachers attain tenure Three complete, consecutive school years of full-time employment as a teacher with the same employer unless the governing board approves and issues written notice of termination to the teacher on or before the last day of the teacher’s third consecutive complete school year of employment Complete School Year = Hired by October 1 of the school year (2) Classified employees attain non-probationary status Three complete, consecutive school years of full-time employment with the same employer unless the governing board approves and issues written notice of termination to the employee on or before the 15th day of June immediately following the employee’s third consecutive complete school year of employment. The first year of each legislative quadrennium, the written notice shall be provided on or before June 30. Employment or reemployment is effective prior to October 1 of the school year

Special Rules with Tenure/NP Superintendents cannot attain tenure as supt No one earns tenure/NP in a position, rank, work site or location, assignment, title or rate of compensation Cannot apply service years in a professional position to service years in a classified position or vice versa for purposes of attaining tenure/NP. Tenure/NP status can be transferred by annexation, school district formation, consolidation, or a similar reorganization

Section 5 Termination of Probationary Employees Probationary classified employees may be terminated at the discretion of the employer upon written recommendation of the superintendent; a majority vote of the board; and, issuance of written notice of termination to the employee at any time on or before the 15 th day of June immediately following the employee’s 3 rd consecutive, complete school year of employment. In the first year of each legislative quadrennium, the written notice shall be provided on or before June 30. Must give 15 days notice before ending pay and benefitsNo appeal

Section 5 Termination of Non-Tenured Teachers Non-tenured (probationary) teachers may be terminated upon: written recommendation of the superintendent; a majority vote of the board; and, may be terminated before the completion of the school year with at least 30 calendar days’ written notice of the date on which the board is scheduled to vote May submit a written statement to the superintendent and the board explaining why such action should not be taken. No appeal

Section 5 Annual Renewal for NT Teachers For non- tenured teacher HOWEVER, in tenure year, notice due by last day of school If non-renewal is not effected by June 15, they have an automatic rehire contract for the next year

Section 6 Reasons for Termination of Tenured/NP Justifiable decrease in the number of positions Incompetency Failure to perform duties in a satisfactory manner Neglect of dutyInsubordinationImmorality Other good and just cause But never for political or personal reasons

Section 6 Termination of Tenured/NP Notice with reasons sent to employee and board; discussion of the case between Supt and Board is not allowed Employee: 15 days to request a hearing If hearing is requested, Board holds a full hearing in days and a record is kept

Section 6 Termination of Tenured/NP Board makes a decision and Supt notifies the employee (within 10 days of the hearing) Employee can appeal to a retired Alabama judge for a “review of an adverse decision” by filing with State Supt (local supt served at same time; has 20 days to get records to hearing officer) Judge (hearing officer) can rule up or down, but cannot choose a new course of action; deference must be given to the Board’s decision; 5 days to render a decision

Section 6 Termination of Tenured/NP If Hearing Officer rules for Board, termination stands. If Hearing Officer rules to “set aside”, then employee is reinstated. Either party can appeal to Court of Civil Appeals

Section 6 While the appeal is going… Employee receives pay and benefits for up to 75 days beginning with the Board’s decision. If the Review Hearing is completed sooner than 75 days, pay is cut off (unless employee is restored to work) This pay is not given to employees accused of immorality, moral turpitude, neglect of duty, or due to incarceration

Section 6 Selecting the Hearing Officer State Supt Request given to State Supt Ala Bar Assn State Supt sends request to Exec Dir of ABA Panel of 5 Random Rotating list of retired judges trained in dispute res. Striking Two parties agree to HO from panel; or agree to different HO; or each side strikes 2

Section 6 Reduced Compensation: Tenured/NP Reductions in or modification to compensation, benefits, or length of the work or school year: Prospective in effect Recommended by superintendent and approved by board Applied to similarly situated employees with designated operating divisions, department or employment classifications

Section 6 Suspension of Tenured Personnel An employee may be suspended for cause with or without pay on recommendation of the superintendent and the approval of the board. Up to 20 work days without pay may not be appealed More than 20 days, same appeal as termination

Section 6 Notice Provisions Notice by certified US mail, by private mail carrier for next business day delivery, or by physical delivery to the employee or the employee’s last known address The employer has the burden of proving service was affected, but the employee has the burden of proving that such service was not properly made.

Section 7 Reassignments and Transfers Employees may be  Reassigned  Transferred to any position for which they are qualified by skill, training, or experience

Section 7 Reassignment Within same school, campus, etc. By 20 th calendar day after school begins Teacher must have certification Only once per year Board approval not necessary Only justification: “needs of employer”

Section 7 Transfers: Tenured Teachers Employee must hold appropriate certification No reduction in compensation First 20 calendar days of school Only once per school year Must be Board approved Teacher can request a hearing before Board vote if transfer is outside HS feeder pattern Tenured teachers: Transfer to another school

Section 7 Transfers: NP Employees Nonprobationary classified employees may be transferred to any position for which they are qualified provided that… Without loss of or reduction in compensation Only once per year Written notice of the proposed transfer is issued to the employee not less than 15 calendar days before a final decision Transfer is effective not less than 15 calendar days after the date of the final decision If the transfer is outside of the high school feeder pattern in which the current work site of the employee is located, the employee shall be afforded an opportunity to an appeal in the same manner as termination

Section 7 Probationary employees: transfer to lower pay Employee holds appropriate certification or qualifications for the position Notice of proposed transfer contains a written explanation of the effect of the transfer on the compensation of the employee Transfer effective not less than 15 calendar days after the date of the final decision Notice informs the employee that he or she may object in writing to the transfer before a final decision is made Such transfers are not subject to challenge or review under this act

Section 7 Tenured/NP: Transfer to Lower Pay Tenured teachers or nonprobationary classified employees may be involuntarily transferred to a position with less pay, but Due process is the same as proposed termination Transfers or reassignments that are made as a part of, as a consequence of, or in conjunction with reduction-in-force (Code Section ) or in order to comply with state or federal law are not subject to challenge or review

Section 8 Very Important: Once the superintendent notifies the board of a proposed personnel action, there shall be no discussion between the superintendent and board or among board members.

Section 9 Nothing in this act restricts the employer from placing an employee on paid administrative leave, etc.

Section 10 Loss of Certificate If a teacher’s certificate is revoked, pursuant to , he or she shall be summarily terminated. If a certificate is revoked due to a conviction and that conviction is overturned, the State Superintendent shall reinstate the certificate upon receipt of notice of the reversal and the employer shall rehire the employee or place him/her on paid administrative leave with back pay and benefits from the date of termination. Nothing shall prevent the State Superintendent or the employer from pursuing other legal action against the teacher based upon the circumstances underlying the conviction.

Section 11 Teacher Notice of Resignation 30 day notice No tenured teacher permitted to resign within 30 calendar days before the first day of the next school term for students 5 day notice Any such employee may terminate his or her employment at any other time by giving five days’ written notice to the employer Penalty Any teacher terminating his or her employment in violation of this section is guilty of unprofessional conduct, and the State Superintendent of Education may revoke or suspend the certificate

Section 12 Legal Relief If a tenured/nonprobationary employee has been denied a hearing before an employer subject to the requirement of this act, he/she may appeal for relief directly to the Office of Attorney General. The appeal shall state facts sufficient to allow the AG to determine whether or not the employer has complied with this act.

Section 13 Leave of Absence A leave of absence for a period of one year for good cause may be granted to an employee without impairing the tenured or nonprobationary status of the employee. With a valid reason, it may be extended for one additional year. Leave of absence for military service shall be provided in Section , Code of Alabama 1975

Section 14 Repeals TTA and FDA States the existing laws or parts of law that are being repealed by this act.

Section 15 Financial Obligation States the bill may cause a new or increased expenditure of local funds and that the bill excluded from further requirements and application under Amendment 621 (Section of the Constitution, as amended) because the bill requires expenditures only by a school board.

Section 16 Implementation Dates RIF provisions of Section 6 shall be effective immediately The remainder of this act shall be effective on July 1, Employees who have attained tenured status or nonprobationary status shall be deemed tenured teachers under this act. Current time in service shall be credited toward the attainment of tenure or nonprobationary status. All employment actions and proceedings that have been initiated under either the Teacher Tenure Law or the Fair Dismissal Act that are pending on the effective date of this act shall be completed under the statutory procedures that were in effect on the date the action or proceeding was commenced.