BILL REQ. #:  S-0672.1 

Read first time 01/12/2007.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to the suspension of payment of a teacher, principal, supervisor, superintendent, or other certificated employee's salary while conducting a hearing on probable cause for discharge or adverse effect in contract status; and amending RCW 28A.405.300.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 28A.405.300 and 1990 c 33 s 395 are each amended to read as follows:
     In the event it is determined that there is probable cause or causes for a teacher, principal, supervisor, superintendent, or other certificated employee, holding a position as such with the school district, hereinafter referred to as "employee", to be discharged or otherwise adversely affected in his or her contract status, such employee shall be notified in writing of that decision, which notification shall specify the probable cause or causes for such action. Such determinations of probable cause for certificated employees, other than the superintendent, shall be made by the superintendent. Such notices shall be served upon that employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. Every such employee so notified, at his or her request made in writing and filed with the president, chair of the board or secretary of the board of directors of the district within ten days after receiving such notice, shall be granted opportunity for a hearing pursuant to RCW 28A.405.310 to determine whether or not there is sufficient cause or causes for his or her discharge or other adverse action against his or her contract status.
     In the event the employee demands a hearing, the employee shall continue to be paid his or her regular salary during the hearing process and until entry of the final decision pursuant to RCW 28A.405.310, if and during such time as the employee furnishes to the school district a suitable bond, or other security acceptable to the school district, as a guarantee that the employee will repay to the school district the amount of salary paid to him or her during the hearing process in case the final decision is that the employee shall be discharged. If it is determined that the employee may not be discharged, the school district shall reimburse the employee for the cost of the bond or security.
     In the event any such notice or opportunity for hearing is not timely given, or in the event cause for discharge or other adverse action is not established by a preponderance of the evidence at the hearing, such employee shall not be discharged or otherwise adversely affected in his or her contract status for the causes stated in the original notice for the duration of his or her contract.
     If such employee does not request a hearing as provided herein, such employee may be discharged or otherwise adversely affected as provided in the notice served upon the employee.
     Transfer to a subordinate certificated position as that procedure is set forth in RCW 28A.405.230 shall not be construed as a discharge or other adverse action against contract status for the purposes of this section.