2025 -- S 0745

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LC001469

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO EDUCATION -- TEACHERS' TENURE

     Introduced By: Senator Samuel D. Zurier

     Date Introduced: March 07, 2025

     Referred To: Senate Labor & Gaming

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-13-4 of the General Laws in Chapter 16-13 entitled "Teachers’

Tenure" is hereby amended to read as follows:

     16-13-4. Statement of cause for dismissal — Hearing — Appeals — Arbitration.

     (a)(1) For districts other than the Providence public school district, the The statement of

cause for dismissal shall be given to the teacher, in writing, by the governing body of the schools.

The teacher may, within fifteen (15) days of the notification, request, in writing, a hearing before

the school committee or school board. The hearing shall be public or private, in the discretion of

the teacher. Both teacher and school board shall be entitled to be represented by counsel and to

present witnesses. The board shall keep a complete record of the hearing and shall furnish the

teacher with a copy. Any teacher aggrieved by the decision of the school board shall have the right

of appeal to the department of elementary and secondary education and shall have the right of

further appeal to the superior court. Any decisions rendered must be approved by a majority of the

full board. Members voting on a decision must have been in attendance at the hearing.

     (2)(i) For the Providence public school district, a principal may dismiss or demote any

teacher or other person assigned full-time to the school, subject to the review and approval of the

superintendent; and subject to the provisions of this section, the superintendent may dismiss any

employee of the school district. In the case of employees whose duties require them to be assigned

to more than one school, and in the case of teachers who teach in more than one school, those

persons shall be considered to be under the supervision of the superintendent for all decisions

relating to dismissal or demotion for cause.

     (ii) Teachers who have been teaching in a school system for at least ninety (90) calendar

days shall not be dismissed unless they have been furnished with written notice of intent to dismiss

and with an explanation of the grounds for the dismissal in sufficient detail to permit the teachers

to respond and documents relating to the grounds for dismissal, and, if they so request, have been

given a reasonable opportunity within ten (10) school days after receiving such written notice to

review the decision with the principal or superintendent, as the case may be, and to present

information pertaining to the basis for the decision and to the teacher's status. The teachers

receiving such notice may be represented by an attorney or other representative at such a meeting

with the principal or superintendent. Teachers without professional teacher status shall otherwise

be deemed employees at will.

     (iii) A teacher with tenure shall not be dismissed except for inefficiency, incompetency,

incapacity, conduct unbecoming a teacher, insubordination or failure on the part of the teacher to

satisfy teacher performance standards developed pursuant to chapter 38 of this title or other just

cause.

     (iv) A teacher with tenure status may seek review of a dismissal decision within thirty (30)

days after receiving notice of their dismissal by filing a petition for arbitration with the

commissioner. The commissioner shall forward to the parties a list of three (3) arbitrators provided

by the American Arbitration Association. Each person on the list shall be accredited by the National

Academy of Arbitrators. The parties each shall have the right to strike one of the three (3)

arbitrators' names if they are unable to agree upon a single arbitrator from amongst the three (3).

The arbitration shall be conducted in accordance with the rules of the American Arbitration

Association to be consistent with the provisions of this section. The board of education shall

determine the process for selecting arbitrators for the pool. The fee for the arbitration shall be split

equally between the two (2) parties involved in the arbitration. The rules governing this arbitration

procedure shall be the rules of the American Arbitration Association as pertains to arbitration.

     (v) At the arbitration hearing, the teacher and the school district may be represented by an

attorney or other representative, present evidence, and call witnesses and the school district shall

have the burden of proof. In determining whether the district has proven grounds for dismissal

consistent with this section, the arbitrator shall consider the best interests of the pupils in the district

and the need for elevation of performance standards.

     (vi) The arbitrator's decision shall be issued within one month from the completion of the

arbitration hearing, unless all parties involved agree otherwise, and shall contain a detailed

statement of the reasons for the decision. Upon a finding that the dismissal was improper under the

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standards set forth in this section, the arbitrator may award back pay, benefits, reinstatement, and

any other appropriate non-financial relief or any combination thereof. Under no circumstances shall

the arbitrator award punitive, consequential, or nominal damages, or compensatory damages other

than back pay, benefits or reinstatement. In the event the teacher is reinstated, the period between

the dismissal and reinstatement shall be considered to be time served for purposes of employment.

The arbitral decision shall be subject to judicial review as provided in chapter 9.2 of title 28.

     (vii) With the exception of other remedies provided by statute, the remedies provided in

this section shall be the exclusive remedies available to teachers for wrongful termination.

     (b) Nothing contained in this section shall be construed to prohibit, or at any time to have

prohibited, a school committee in a municipality or regional school district with an elected school

committee, or the chief executive officer in a municipality with an appointed school committee

from agreeing, in a collective bargaining agreement, to the arbitration of disputes arising out of the

nonrenewal, dismissal, and/or suspension of a teacher pursuant to §§ 16-13-2, 16-13-3, and/or 16-

13-5.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- TEACHERS' TENURE

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     This act would amend the teachers' tenure act for Providence public school teachers and

provide a process for the dismissal and demotion for teachers or other persons assigned full-time

to the school.

     This act would take effect upon passage.

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