SB 374 – AS AMENDED BY THE HOUSE
03/13/08 0943s
14May2008… 1655h
2008 SESSION
04/09
SENATE BILL 374
This bill changes the procedures for nonrenewal of a teacher contract.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/13/08 0943s
14May2008… 1655h
08-2648
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the process for nonrenewal of teacher contracts.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 School Boards; Review by State Board. Amend RSA 189:14-b, I to read as follows:
I. A teacher aggrieved by such decision may [request] either petition the state board of education for review thereof or request arbitration under the terms of a collective bargaining agreement, if applicable, but may not do both. Such [request] petition must be in writing and filed with the state board within 10 days after the issuance of the decision to be reviewed. Upon receipt of such [request] petition, the state board shall notify the school board of the [request] petition for review, and shall forthwith proceed to a consideration of the matter. Such consideration shall include a hearing if either party shall request it. The state board shall issue its decision within [30] 15 days after the [request] petition for review is filed, and the decision of the state board shall be final and binding upon both parties. [A request for review under this section shall constitute the exclusive remedy available to a teacher on the issue of the nonrenewal of such teacher.]
2 School Boards; Failure to be Renominated or Reelected. Amend RSA 189:14-a, III to read as follows:
III. In cases of nonrenomination because of unsatisfactory performance, the superintendent of the local school district shall demonstrate, at the school board hearing, by a preponderance of the evidence, that the teacher had received written notice that the teacher’s unsatisfactory performance may lead to nonrenomination, that the teacher had a reasonable opportunity to correct such unsatisfactory performance, and that the teacher had failed to correct such unsatisfactory performance. [Nothing in this paragraph shall be construed to require the superintendent or the school board to provide a teacher with remedial assistance to correct any deficiencies that form the basis for such teacher’s nonrenomination.]
3 Public Employee Labor Relations; Grievance Procedures. Amend RSA 273-A:4 to read as follows:
273-A:4 Grievance Procedures. Every agreement negotiated under the terms of this chapter shall be reduced to writing and shall contain workable grievance procedures. [No grievance resulting from the failure of a teacher to be renewed pursuant to RSA 189:14-a shall be subject to arbitration or any other binding resolution, except as provided by RSA 189:14-a and RSA 189:14-b. Any such provision in force as of the effective date of this section shall be null and void upon the expiration date of that collective bargaining agreement.]
4 Effective Date. This act shall take effect 60 days after its passage.