Bill Text: MS SB2671 | 2021 | Regular Session | Introduced
Bill Title: Teacher assistant nonreemployment; provide that teacher assistants receive due process rights.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2021-02-02 - Died In Committee [SB2671 Detail]
Download: Mississippi-2021-SB2671-Introduced.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Education
By: Senator(s) Blount
Senate Bill 2671
AN ACT TO AMEND SECTION 37-9-105, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT TEACHER ASSISTANTS SHALL BE GIVEN NOTICE OF NONREEMPLOYMENT; TO AMEND SECTION 37-9-109, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT TEACHERS AND TEACHER ASSISTANTS SHALL BE PROVIDED WRITTEN NOTICE AND THE OPPORTUNITY FOR A HEARING REGARDING NONREEMPLOYMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-9-105, Mississippi Code of 1972, is amended as follows:
37-9-105. If a recommendation is made by the school district not to offer an employee a renewal contract for a successive year, written notice of the proposed nonreemployment stating the reasons for the proposed nonreemployment shall be given no later than the following:
(a) If the employee is a principal, the superintendent, without further board action, shall give notice of nonreemployment on or before March 1; or
(b) If the employee is a teacher, teacher assistant, administrator or other professional educator covered under Sections 37-9-101 through 37-9-113, the superintendent, without further board action, shall give notice of nonreemployment on or before April 15, or within ten (10) calendar days after the date that the Governor approves the appropriation bill(s) comprising the state's education budget for funding K-12, whichever date is later.
An interim conservator appointed pursuant to Section 37-17-6(15)(a) or a school board acting on the recommendation of a school district financial advisor appointed pursuant to Section 37-9-18 shall not be required to comply with the time limitations prescribed in this section for recommending the reemployment of principals, teachers, teacher assistants, administrators or other professional educators.
SECTION 2. Section 37-9-109, Mississippi Code of 1972, is amended as follows:
37-9-109. * * * Employees, including teachers and
teacher assistants, who * * * have received notice under Section
37-9-105, upon written request from the employee received by the district
within ten (10) days of receipt of the notice by the employee, shall be
entitled to:
(a) Written notice of the specific reasons for nonreemployment, together with a summary of the factual basis therefor, a list of witnesses and a copy of documentary evidence substantiating the reasons intended to be presented at the hearing, which notice shall be given at least fourteen (14) days prior to any hearing; if the district fails to provide this information to the employee, then the recommendation for nonreemployment shall be null and void, and the board shall order the execution of a contract with the employee for an additional period of one (1) year;
(b) An opportunity for a hearing at which to present matters relevant to the reasons given for the proposed nonreemployment, including any reasons alleged by the employee to be the reason for nonreemployment; provided, however, that any school superintendent whose employment has been terminated by the school board under Section 37-9-59, or whose employment contract has not been renewed by the school board shall not have the right to request a hearing before the school board or a hearing officer;
(c) Receive a fair and impartial hearing before the board or hearing officer; provided, however, that any school superintendent whose employment has been terminated by the school board under Section 37-9-59, or whose employment contract has not been renewed by the school board shall not have the right to request a hearing before the school board or a hearing officer;
(d) Be represented by legal counsel, at his own expense.
Any employee requesting a hearing shall provide the district, not less than five (5) days before the scheduled date for the hearing, a response to the specific reasons for nonreemployment, a list of witnesses and a copy of documentary evidence in support of the response intended to be presented at the hearing. If the employee fails to provide this information, then the recommendation of nonreemployment shall be final without the necessity of a hearing.
If the employee does not request a hearing, the recommendation regarding the nonreemployment of the employee shall be final.
SECTION 3. This act shall take effect and be in force from and after July 1, 2021.
