It is enacted by the General Assembly as follows:

SECTION 1. Sections 16-13-2, 16-13-3, 16-13-4, and 16-13-5 of the General Laws in Chapter 16-13 entitled "Teachers' Tenure" are hereby amended to read as follows:

{ADD 16-13-2. Annual contract basis -- Automatic continuation. -- ADD} {ADD (a) ADD} Teaching service shall be on the basis of an annual contract, except as hereinafter provided, and the contract shall be deemed to be continuous unless the governing body of the schools shall notify the teacher in writing (on or before March 1) that the contract for the ensuing year will not be renewed; provided, however, that a teacher, upon request, shall be furnished a statement of cause for dismissal or nonrenewal of his or her contract by the school committee; provided further, that whenever any contract is not renewed or the teacher is dismissed, the teacher shall be entitled to a hearing and appeal pursuant to the procedure set forth in section 16-13-4.

{ADD (b) Nothing contained in this section shall be construed to prohibit or at any time to have prohibited a school committee from agreeing, in a collective bargaining agreement, to the arbitration of disputes arising out of a dismissal or non-renewal of a non-tenured teacher pursuant to subsection (a) hereof. ADD}

{ADD 16-13-3. Probationary period -- Tenure after probation. -- ADD} (a) Three (3) successive annual contracts shall be considered evidence of satisfactory teaching and shall constitute a probationary period. Teachers who complete the probationary period shall be considered in continuous service and shall not be subject to annual renewal or nonrenewal of their contracts. No such tenured teacher shall be dismissed except for good and just cause. Whenever a tenured teacher in continuous service is to be dismissed, the notice of such dismissal shall be given to the teacher in writing on or before March 1st of the school year immediately preceding the school year in which the dismissal is to become effective. The teacher shall be furnished with a complete statement of the cause(s) for the dismissal by the governing body of the school and shall be entitled to a hearing and appeal pursuant to the procedure set forth in section 16-13-4.

{ADD (b) Nothing contained in this section shall be construed to prohibit or at any time to have prohibited a school committee from agreeing, in a collective bargaining agreement, to the arbitration of disputes arising out of the dismissal of a tenured teacher pursuant to subsection (a) hereof. ADD}

{DEL (b) DEL} {ADD (c) ADD} Any teacher appointed to a position of principal, assistant principal, or vice principal within the school system in which the teacher has attained tenure shall, upon termination or resignation of the administrative position, be allowed to return to his or her former status as a tenured teacher within the system.

{ADD 16-13-4. ADD} {DEL Statement of cause for dismissal -- Hearing -- Appeals. DEL} {ADD Statement of cause for dismissal -- Hearing -- Appeals -- Arbitration. -- ADD} {ADD (a) ADD} Statement of cause for dismissal shall be given the teacher in writing by the governing body of the schools at least one month prior to the close of the school year. The teacher may, within fifteen (15) days of the notification, request in writing a hearing before the full 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 right of appeal to the state department of elementary and secondary education and shall have the right of further appeal to the superior court.

{ADD (b) Nothing contained in this section shall be construed to prohibit or at any time to have prohibited a school committee from agreeing, in a collective bargaining agreement, to the arbitration of disputes arising out of the non-renewal, dismissal and/or suspension of a teacher pursuant to sections 16-13-2, 16-13-3, and/or 16-13-5 of this chapter. ADD}

{ADD 16-13-5. Suspension for cause -- Payment for period suspended. -- ADD} {ADD (a) ADD} Section 16-13-4 shall not prevent the suspension of a teacher for good and just cause. Prior to the suspension of a teacher as provided herein, the school committee shall hold a pre-suspension hearing to determine if a suspension is warranted and at such pre-suspension hearing, shall consider any evidence available and afford the teacher or his/her counsel an opportunity to respond thereto. In the event a teacher is suspended or otherwise not permitted to perform his/her duties prior to the pre-suspension hearing, then the teacher shall be paid his/her regular salary during any such period.

Whenever a teacher is suspended by a school committee, the school committee shall furnish the teacher with a complete statement of the cause(s) of the suspension and, upon request, shall afford the teacher a hearing and appeal pursuant to the procedure set forth in section 16-13-4. If the teacher shall be vindicated as a result of the hearing or any appeal therefrom the teacher shall be paid in full for the period of suspension, and provided further, that during the period of suspension, all medical and insurance benefits shall remain in full force and effect.

{ADD (b) Nothing contained in this section shall be construed to prohibit or at any time to have prohibited a school committee from agreeing, in a collective bargaining agreement, to the arbitration of disputes arising out of the suspension of a teacher pursuant to subsection (a) hereof. ADD}

SECTION 2. This act shall take effect upon passage.