SB 207-3_ Filed 02/25/2002, 07:58 Behning

Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[
HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Senate Bill 207 be amended to read as follows:
    Page 4, line 21, after "school." insert " The department may charge a fee under this subsection for subsequent requests made regarding the same employee or adult volunteer, which fee shall be paid by the school corporation, special education cooperative, or non-public school. ".
    Page 6, between lines 23 and 24, begin a new paragraph and insert: " (b) This subsection applies when a law enforcement agency has actual knowledge that an employee of a school corporation or a nonpublic school who instructs or supervises children has been arrested for a felony. The chief executive officer or equivalent authority of the law enforcement agency shall immediately give written notice of the arrest to the superintendent of the school corporation or equivalent authority for the nonpublic school that employs the person who was arrested. Notwithstanding IC 5-14-3, the superintendent of the school corporation or equivalent authority for the nonpublic school:
        (1) may release information concerning an arrest for         a felony listed in subsections (a) or (d);
         (2) may not release information concerning an arrest         for a felony not listed in subsection (a) or (d), unless         and until the arrest results in a conviction."
    Page 6, line 24, strike "(b)" and insert " (c)".
    Page 6, line 39, delete "(c)" and insert " (d)".
    Page 7, line 1, strike "has been" and insert " has:".


    Page 7, between lines 1 and 2, begin a new line block indented and insert:
         "(1) been convicted of an offense listed in subsection         (d);
         (2) been discharged from employment for any of the         reasons listed in subsection (a); or
        (3) resigned to avoid discharge from employment for         any of the reasons listed in subsection (a)."
    Page 7, line 2, strike "convicted of an offense listed in subsection" and delete " (d).".
    Page 7, line 3, delete "(d)" and insert " (e)".
    Page 7, line 24, delete "(e)" and insert " (f)".
    Page 9, between lines 24 and 25, begin a new paragraph and insert:
    "SECTION 14. IC  20-6.1-4-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 11. (a) An indefinite contract with a permanent or semi-permanent teacher may be canceled only in the following manner:
        (1) the teacher shall be notified in writing of the date, time, and place for the consideration by the school corporation of the cancellation of the contract; this notification must occur not more than forty (40) days nor less than thirty (30) days before the consideration;
        (2) the teacher shall be furnished, within five (5) days after a written request, a written statement of the reasons for the consideration;
        (3) the teacher may file a written request for a hearing within fifteen (15) days after receipt of the notice of this consideration;
        (4) when the request for a hearing is filed, the teacher shall be given a hearing before the governing body on a day no earlier than five (5) days after filing;
        (5) the teacher shall be given not less than five (5) days' notice of the time and place of the hearing;
        (6) at the hearing, the teacher is entitled:
            (A) to a full statement of the reasons for the proposed cancellation of the contract; and
            (B) to be heard, to present the testimony of witnesses and other evidence bearing on the reasons for the proposed cancellation of the contract;
        (7) a contract may not be canceled until:
            (A) the date set for consideration of the cancellation of the contract;
            (B) after a hearing is held, if a hearing is requested by the teacher; and
            (C) the superintendent has given his

recommendations on the contract; on five (5) days written notice to him by the school corporation, the superintendent shall present his recommendation on each contract, except on a superintendent's contract;
        (8) pending a decision on the cancellation of a teacher's contract, the teacher may be suspended from duty; and
        (9) after complying with section 10 of this chapter in the case of permanent teachers, or section 10.5 of this chapter in the case of semi-permanent teachers, and this section, the governing body of the school corporation may cancel an indefinite contract with a teacher by a majority vote evidenced by a signed statement in the minutes of the board; the decision of the governing board is final.
The vote to cancel a contract described in subdivision (9) must be taken by the governing body on the date and at the time and place specified in subdivision (1).
    (b) If a permanent or semi-permanent teacher is suspended under subsection (a)(8) and except as provided in IC  20-6.1-5-11 , the governing body may not (while the teacher is suspended) withhold from the teacher salary payments or other employment related benefits that before the suspension the teacher was entitled to receive.
    (c) Notwithstanding subsection (b), a permanent or semipermanent teacher suspended under subsection (a)(8) with salary payments may, at the discretion of the court, be required to repay the salary payments received while suspended if the teacher is convicted of an offense listed in section 10(6) or 10.5(8) of this chapter.
    (c) (d) The governing body may appoint an agent (who is not an employee of the school corporation, but who may be a member of the governing body or an attorney retained to administer the hearing proceedings under this section) for the purpose of issuing subpoenas for the attendance of witnesses for either party at the hearing. A subpoena issued under this section shall be:
        (1) served by the party who seeks to compel the attendance of a witness; and
        (2) upon application to the court by the party, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action."
    Renumber all SECTIONS consecutively.
    (Reference is to SB 207 as printed February 22, 2002.)
    

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Representative BEHNING


RH 020703/DI lh     2002