STUDENTS FIRST ACT & OPEN MEETINGS ACT Alabama School Communicators Association July 28, 2011 Montgomery, Alabama
Sally Brewer Howell, Executive Director Alabama Association of School Boards Jayne Harrell Williams, Esquire Hill, Hill, Carter, Franco, Cole & Black
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STUDENTS FIRST ACT ACT 2011-270 CLICK HERE TO ACCESS AASB’s STUDENTS FIRST CLEARINGHOUSE
Major Changes Repeals the Teacher Tenure Act and Fair Dismissal Act Returns discretion to local boards Reduces payroll time for terminated employees Changes process for terminations & transfers Exempts RIFs and partial cancellations Eliminates criminal stays
Who’s Covered? Teacher Tenure Act/ Fair Dismissal Act
Instructor, supervisor or principal
Students First Act
Teacher • Any employee required to have certificate
Classified employees
• Includes tenured principals
Classified employee • Bus drivers • Cafeteria workers • Custodians • Supervisors (non-certificated)
Superintendents and CSFOs are excluded
Gaining Protection Teacher Tenure Act/ Fair Dismissal Act
Teachers
Students First Act
• 3 consecutive, complete years • Oct 1 - complete year • Notice by June 15 in years 1 and 2 o June 30 if quadrennium • Notice by last day of school in year 3
• 3 consecutive years, including partial • Nonrenewal by last day of 3rd year
Classified Employees • 3 calendar years • Not consecutive
Teacher
Classified employee • 3 consecutive, complete years • Oct 1- complete year • Notice by June 15 o June 30 if quadrennium
TERMINATIONS
Termination of Probationary Employees Teacher Tenure Act/ Fair Dismissal Act
Teachers
Students First Act
During the year
• Not addressed
Teacher o 30 days’ notice of recommendation
• Due process
o Teacher can give written statement
• Recommendation & vote
o Board votes, pay ends
End of the year
Classified Employees
o Recommendation and vote o June 15 (or 30th) in year 2
• Recommendation & vote
o Last day of school in year 3
• 3 year anniversary • 15 days’ notice (pay)
Classified employee Recommendation & vote Prior to June 15 (or 30th) of 3rd consecutive year 15 days’ notice (pay)
Termination of Tenured/Nonprobationary Employees Teacher Tenure Act/ Fair Dismissal Act
Grounds
Students First Act
Grounds
• justifiable decrease in the number of positions
• justifiable decrease in the number of positions
• incompetency
• incompetency
• insubordination
• insubordination
• neglect of duty
• neglect of duty
• immorality
• immorality
• failure to perform duties in a satisfactory manner
• failure to perform duties in a satisfactory manner
• other good and just cause
• other good and just cause
Termination of Tenured/Nonprobationary Employees Teacher Tenure Act/ Fair Dismissal Act
Students First Act
Notice of recommendation
Notice of recommendation
Board conference (optional)
Full Board hearing
Board vote
Board vote
Contest
Contest
Federal Mediation & Conciliation Service
Retired Alabama judge
Hearing
Full hearing
Decision
Decision
Right to CCA appeal
Appeal with CCA approval
Termination of Tenured/Nonprobationary Employees Teacher Tenure Act/ Fair Dismissal Act
Decision
Students First Act
• No weight given to board
Pay continues • Average of 271 days from vote to decision
Decision • Deference to board
Pay continues • 75 days or until decision, whichever is first
REDUCTION IN FORCE/ PARTIAL CANCELLATION
Reduction in Force/ Partial Cancellation Teacher Tenure Act/ Fair Dismissal Act
Partial terminations
Students First Act
• Same procedure as termination
Partial terminations • No longer covered
Actions due to RIF
Prospective
• Unclear if covered
Recommendation & vote Similarly situated employees
Actions due to RIF • No longer covered Comply with policy
SUSPENSIONS
Suspension of Employees Teacher Tenure Act/ Fair Dismissal Act
7 days or less Notice Conference (optional) Recommendation & vote Federal Mediation and Conciliation Service • Decision • Suspension Effective
Students First Act
• • • •
8 days or more • • •
Same as termination Decision Suspension Effective
20 days or less • Notice • Conference • Recommendation & vote • Effective immediately
More than 20 days • Same as termination Pay cutoff 75 days or decision, whichever comes first
OTHER IMPORTANT CHANGES
Other Changes Teacher Tenure Act/ Fair Dismissal Act
Students First Act
Criminal stays
No criminal stays
Pay cutoff immediately
Pay cutoff immediately
• Only classified Only moral turpitude
• All employees Moral turpitude Immorality Abandonment of job Incarceration Neglect of duty
Loss of Certification Teacher Tenure Act ď ą
Full termination hearing
Students First Act ď ą
Summarily terminated
www.alabamaschoolboards.org
QUESTIONS???
OPEN MEETINGS ACT
Open Meetings Act
What is a “meeting”? • Prearranged gathering of a quorum time and place set by law; e.g. annual meeting exercise its powers; or expenditure of public funds; or • Prearranged or not gathering of a quorum when members deliberate specific matters
Open Meetings Act contd.
What is NOT a “meeting”? • As long as there’s no deliberation on specific matters • • • • • •
Social gatherings Conventions Conferences Training programs Press conferences Media events
• State or federal officials to report or obtain information; or seek support can be electronic or in person
Open Meetings Act contd.
What is “deliberation”? ◦ exchange of information or ideas ◦ quorum of members ◦ arrive at or influence a decision ◦ how to vote at a later time
Open Meetings Act contd.
Requirements Notice Time, date & place Bulletin board at Central Office
Preliminary Agenda or General Description As soon as available
Timing 7 Days • Meeting required by law 1 Day • Special called meeting 1 Hour • Accept resignation • Emergency to prevent physical injury or property damage
Open Meetings Act contd.
9 Reasons to Call Executive Session General Reputation and Character, Job Performance, or Mental/Physical Condition Salaries / Compensation must be in public Job Performance must be public if employee files Statement of Economic Interests
• • • •
Superintendent Any employee making over $50,000/year
Formal Complaints or Charges Against an Individual or Legal Entity Discussion with the Government Body’s Attorney Security Plans and Measures Criminal Investigation and the Identity of an Undercover Agent or Informer Negotiations to Buy / Sell / Lease Real Property Preliminary Negotiations in Trade Competition Negotiations Between The Body and a Group of Public Employees Discuss and Vote Upon a Public or Contested Case Hearing
Open Meetings Act contd. Executive
Session
◦ Never required
Procedure ◦ Convene an open meeting ◦ Enter a motion stating the reason for executive session
Open Meetings Act contd. Receive a written or oral declaration if necessary Discussion with the body’s attorney concerning options for, and ramification of, litigation, mediation, or arbitration Discussions that would disclose the identity of an undercover informant or that focus on criminal investigations of non-public officials Discussions concerning the negotiations between the body and a group of public employees
Vote to go into executive session Vote in public Record individual votes in minutes
Enter statement concerning reconvention
Open Meetings Act contd.
Violations • • • •
Notice Meeting procedures Executive session Other violations
Challenge • Civil action • Media • Alabama citizen • Attorney General • District Attorney
Penalty • Invalidate actions • $1000 or ½ monthly board salary • Board cannot pay penalty for members
QUESTIONS?
THANK YOU FOR LISTENING! Jayne Harrell Williams jhwilliams@hillhillcarter.com