Budget Amendment ID: FY2018-S3-93

EDU 93

Improving Overall Student Performance and Opportunity #7 -Just Cause

Mr. Rush moved that the proposed new text be amended by inserting, after section __, the following new sections:-

SECTION __. Section 42 of chapter 71 of the General Laws, as appearing in the 2014 Official Edition, 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 __. Section 42 of chapter 71 of the General Laws, as so appearing, 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 __. Section 42 of chapter 71 of the General Laws, as so appearing, 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.