Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The second paragraph of section 38 of chapter 71 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out the first and second sentences and inserting in place thereof the following two sentences:- The vote on the election, contract, or promotion of a teacher, assistant principal, principal, department chairman, director, supervisor, assistant supervisor, school business administrator, assistant superintendent, or deputy superintendent shall be by yeas and nays. No election, contract, or promotion of a teacher, assistant principal, principal, department chairman, director, supervisor, assistant supervisor, school business administrator, assistant superintendent, or deputy superintendent shall be made by a school committee unless such person shall have been nominated for such election, contract, or promotion by the superintendent of schools.

SECTION 2. Section 41 of said chapter 71, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

A school committee may award a contract to a superintendent of schools or a school business administrator for periods not exceeding six years. Nothing in this section shall be construed to prevent a school committee from voting to employ a superintendent of schools who has completed three or more years' service to serve at its discretion.

SECTION 3. Said chapter 71 is hereby further amended by striking out section 41A, as so appearing, and inserting in place thereof the following section:-

Section 41A. A school committee may grant a leave of absence for study or research to any teacher, registered nurse, principal, supervisor, director, school librarian, school business administrator, superintendent or assistant superintendent, serving at discretion which would increase his professional ability, such leave to be for a period not exceeding one year at full or partial pay; provided, however, that prior to the granting of such leave he shall enter into a written agreement with the school committee that upon termination of such leave he will return to service in the public schools of such city or town for a period equal to twice the length of such leave and that, in default of completing such service, he will refund to the city or town an amount equal to such proportion of salary received by him while on leave as the amount of service not actually rendered as agreed bears to the whole amount of service agreed to be rendered. A school committee may also grant a leave of absence to any teacher, registered nurse, principal, supervisor, school business administrator, or superintendent serving at discretion for service to a statewide professional educational organization of which such teacher, registered nurse, principal, supervisor, school business administrator, or superintendent is a member and has been elected to hold the office of president therein, such leave to be for a period not exceeding four full years at full or partial pay; provided, however, that such professional educational organization shall reimburse the school committee for any salary paid to said teacher, registered nurse, principal, supervisor, school business administrator, or superintendent during such period. A school committee may pay compensation to any employee granted a leave of absence under this section from any grants or gifts received for the purpose of this section pursuant to section thirty-seven A, as well as from funds appropriated therefor.

Any teacher, registered nurse, principal, supervisor, director, school librarian, school business administrator, superintendent or assistant superintendent, who is elected to a state office, or elected by the people to the office of mayor shall, upon his written request made to the school committee, be granted a leave of absence without pay from his position for all or such portion of the term for which he was elected as he may from time to time designate, and shall not as a result of such election, be suspended or discharged or suffer any loss of rights; provided, however, that any such leaves subsequent to the effective date of this act shall not exceed six years in the aggregate except upon the further written request of such teacher, registered nurse, principal, supervisor, director, school librarian, school business administrator, superintendent or assistant superintendent and upon the approval thereof by said school committee.

SECTION 4. Section 42 of said chapter 71, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The school committee may dismiss any teacher, but no teacher, school business administrator, or superintendent, other than a union superintendent and the superintendent of schools in the city of Boston, shall be dismissed unless by a two-thirds vote of the whole committee.

SECTION 5. Said section 42 of said chapter 71, as so appearing, is hereby further amended by striking out the third sentence and inserting in place thereof the following sentence:- In every such town a teacher or school business administrator or superintendent employed at discretion under section forty-one or a school business administrator or superintendent employed under a contract, for the duration of his contract, shall not be dismissed, except for inefficiency, incompetency, incapacity, conduct unbecoming a teacher, school business administrator, or superintendent, insubordination or other good cause, nor unless at least thirty days, exclusive of customary vacation periods, prior to the meeting at which the vote is to be taken, he shall have been notified of such intended vote; nor unless, if he so requests, he shall have been furnished by the committee with a written charge or charges of the cause or causes for which his dismissal is proposed; nor unless, if he so requests, he has been given a hearing before the school committee which may be either public or private at the discretion of the school committee and at which he may be represented by counsel, present evidence and call witnesses to testify in his behalf and examine them; nor unless the charge or charges shall have been substantiated; nor unless, in the case of a teacher or school business administrator, the superintendent shall have given the committee his recommendations thereon.

SECTION 6. Said section 42 of said chapter 71, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- No teacher, school business administrator, or superintendent who has been lawfully dismissed shall receive compensation for services rendered thereafter.

SECTION 7. Section 42D of said chapter 71, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The school committee may suspend any teacher, but no teacher shall be suspended for more than ten days and no school business administrator or superintendent, other than a union superintendent and the superintendent of schools in the city of Boston, shall be suspended, unless by a two-thirds vote of the whole committee. In every such town a teacher, school business administrator, or superintendent employed at discretion under section forty-one or a school business administrator or superintendent employed under a contract, for the duration of his contract, shall not be suspended, under the provisions of this paragraph, except for unbecoming conduct or other good cause, nor unless at least seven days exclusive of customary vacation periods, prior to the meeting at which the vote is to be taken, he shall have been notified of such intended vote; nor unless, if he so requests, he shall have been furnished by the committee with a written charge or charges of the cause or causes for which the suspension is proposed; nor unless, if he so requests, he has been given a hearing before the school committee which may be either public or private at the discretion of the school committee and at which he may be represented by counsel, present evidence and call witnesses to testify in his behalf and to examine them and to cross-examine other witnesses; nor unless the charge or charges shall have been substantiated; nor unless, in the case of a teacher or school business administrator, the superintendent shall have given the committee his recommendations thereon. No teacher, school business administrator, or superintendent shall be suspended for a period exceeding one month, nor shall such teacher, school business administrator, or superintendent receive compensation for any period of lawful suspension. No teacher, school business administrator, or superintendent shall be interrogated prior to any notice given to him relative to a hearing on suspension unless he is notified of his right to be represented by counsel during any such investigation.

SECTION 8. Section 43 of said chapter 71, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The salary of a school business administrator and superintendent employed in any city, town, regional school district or superintendency union shall not be reduced without his consent unless at the same time a general salary revision reducing proportionately the salaries of all administrators, supervisory personnel and teachers has been made.

SECTION 9. Section 43A of said chapter 71, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Any teacher, principal, school business administrator, or superintendent of schools employed at discretion or any school business administrator or superintendent employed under a contract, for the duration of his contract, or any principal or supervisor, who had been dismissed, demoted, or removed from a position by vote of a school committee under the provisions of section forty-two, section forty-two A or section sixty-three may, within thirty days after such vote appeal therefrom to the superior court in the county in which the person was or is employed.

SECTION 10. Said chapter 71 is hereby further amended by striking out section 43B, as so appearing, and inserting in place thereof the following section:-

Section 43B. Any teacher, school business administrator, or superintendent of schools employed at discretion or any school business administrator or superintendent employed under a contract, for the duration of his contract, who has incurred expense in defending himself against an unwarranted removal or suspension shall be reimbursed for such expense from the same source from which his salary is paid; provided, however, that the amount of such reimbursement shall in no event exceed ten per cent of the amount of the usual compensation of such person for the period during which such removal or suspension was in effect; and provided, further, that such teacher, school business administrator, or superintendent makes written application to the school committee for such reimbursement.