Tenured Teacher Hearings

As part of Tennessee First to the Top Act of 2010, significant changes were made to the way hearings on tenured teacher disciplinary issues are held. Although a teacher still retains the right to request a hearing after discipline has been issued, the way the hearing is conducted has changed. Previously, a tenured teacher could request a hearing to the board. Now the teacher has 30 days to request a full and complete hearing before an impartial hearing officer selected by the board. This means that boards of education must now select an individual to conduct the hearing who 1) has no history of employment with the board or director of schools, 2) has no relationship with any board member; and 3) no relationship with the teacher or the teacher’s representatives. The legislation also contains specific guidance as to how the pre-hearing and hearing process should occur. For non-tenured teachers, an impartial hearing officer is also required although with less strictures on the hearing process. In light of this new legislation, boards need to review their policies to ensure that they are in compliance. Boards should also consider pre-approving a panel of impartial hearing officers to be used so that board approval is not required for every teacher disciplinary matter. The attorneys at Rainey, Kizer are also available to assist as impartial hearing officers when the need arises.   For additional information on this Newsletter article, please contact:   Latosha Dexter (901)333-8101 [email protected]   Source: Rainey, Kizer, Reviere & Bell https://raineykizer.com