SENATE DOCKET, NO. 128        FILED ON: 1/13/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 350

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Daniel A. Wolf

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act related to just cause terminations.

_______________

PETITION OF:

 

Name:

District/Address:

Daniel A. Wolf

Cape and Islands

Denise Provost

27th Middlesex

Jason M. Lewis

Fifth Middlesex

Michael O. Moore

Second Worcester

Colleen M. Garry

36th Middlesex

Sarah K. Peake

4th Barnstable

Ruth B. Balser

12th Middlesex

Angelo J. Puppolo, Jr.

12th Hampden

Jose F. Tosado

9th Hampden

Marjorie C. Decker

25th Middlesex

Mary S. Keefe

15th Worcester

James J. O'Day

14th Worcester

John C. Velis

4th Hampden

James B. Eldridge

Middlesex and Worcester

Michael D. Brady

Second Plymouth and Bristol

Barbara A. L'Italien

Second Essex and Middlesex

Michelle M. DuBois

10th Plymouth

Thomas M. McGee

Third Essex

James T. Welch

Hampden

Thomas M. Stanley

9th Middlesex

James R. Miceli

19th Middlesex

Claire D. Cronin

11th Plymouth

Patricia D. Jehlen

Second Middlesex

Frank I. Smizik

15th Norfolk

Marc R. Pacheco

First Plymouth and Bristol

Sal N. DiDomenico

Middlesex and Suffolk

Sean Garballey

23rd Middlesex

Paul W. Mark

2nd Berkshire


SENATE DOCKET, NO. 128        FILED ON: 1/13/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 350

By Mr. Wolf, a petition (accompanied by bill, Senate, No. 350) of Daniel A. Wolf, Denise Provost, Jason M. Lewis, Michael O. Moore and other members of the General Court for legislation relative to just cause terminations.  Education.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act related to just cause terminations.

 

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 Section 42 of Chapter 71 of the General Laws is hereby amended by striking out the third paragraph in place thereof the following paragraph:-

A teacher with professional teacher status, pursuant to section forty-one, shall not be dismissed except for just cause, including inefficiency, incompetency, incapacity, conduct unbecoming a teacher, insubordination or failure on the part of the teacher to satisfy teacher performance standards developed pursuant to section thirty-eight of this chapter.

SECTION 2 Section 42 of Chapter 71 of the general laws is hereby further amended in the fifth paragraph by striking the second sentence and inserting the following:-

In determining whether just cause exists for dismissal, the arbitrator shall have the authority to consider whether the grounds, if proven, warrant dismissal or a lesser measure of discipline based on such factors including, but not limited to, whether the proven misconduct or shortcoming justifies dismissal and whether the decision to dismiss is consistent with fundamental fairness as expressed in a collective bargaining agreement or through established disciplinary practices in the district.

SECTION 3 Section 42 of Chapter 71 of the general laws is hereby further amended in the sixth paragraph by striking the sixth sentence and inserting the following:-

With the exception of other remedies provided by statute, an arbitrator hearing a dismissal pursuant to this section shall be limited to awarding the aforementioned remedies.