SENATE BILL REPORT

                                    SB 5449

                       AS PASSED SENATE, MARCH 13, 1991

Brief Description:  Requiring notice of the appeals process to discharged educational employees.

SPONSORS:Senators Sellar, Vognild and Bailey.

SENATE COMMITTEE ON EDUCATION

Majority Report:  Do pass.

      Signed by Senators Bailey, Chairman; Erwin, Vice Chairman; Anderson, Craswell, Murray, Oke, Pelz, Rinehart, A. Smith, and Talmadge. 

Staff:  Leslie Goldstein (786‑7424)

Hearing Dates:March 6, 1991

HOUSE COMMITTEE ON EDUCATION

BACKGROUND:

School district boards of directors are responsible for hiring  and discharging both classified and certificated employees.  Under statute, certificated employees have 10 days to request an administrative hearing after notice of discharge.  The certificated employee has 30 days to appeal the final decision of the hearing officer to superior court.  Under a separate statute, any person has 30 days to appeal a decision of the school board to superior court.

Under current law, school districts are not required to provide their employees notice of the right to appeal.

SUMMARY:

Any notice of discharge given to a classified or certificated employee must contain notice of the right of appeal process if the employee has a right to appeal the discharge.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested

TESTIMONY FOR:

Notice will better help employees know about their rights in a timely fashion.

TESTIMONY AGAINST:  None

TESTIFIED:  Lynn McKinnon, Public School Employees (pro)

HOUSE AMENDMENT(S):

The requirement that the appeals process be included in the discharge notice is removed.  However, the employee must be notified that the appeal process is available and how it may be obtained.