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Supporters Gained for ESP Fair Dismissal Act
We are gaining supporters for HB 1921, the ESP Fair Dismissal Act, but we still need many more in order for the bill to pass.
The bill is sponsored by Reps. Barbara Nix, D-Benton; Johnnie Roebuck, D-Arkadelphia; Jim Nickels, D-North Little Rock; and Nancy Blount, D-Marianna.
The bill is currently in the House Education Committee. We have contacted all of the House committee members and provided them with a copy of the bill, as well as a summary of its purpose. The bill needs 11 representatives to support the bill before it can leave the committee and go before the full House.
Currently Reps. Nancy Blount, David Cook and Rick Saunders say they fully support the bill. The remaining committee members are reviewing the bill and are willing to listen. So please contact these representatives – they need to hear what you have to say. Simply put, this bill provides employees fair treatment and a fair process.
House Education Committee members who have not indicated support are:
Bill Abernathy, D-Mena; abernathyb@arkleg.state.ar.us
Monty Betts, D-Searcy; bettsm@arkleg.state.ar.us
Toni Bradford, D-Pine Bluff; bradfordt@arkleg.state.ar.us
Steven Breedlove, D-Greenwood; breedloves@arkleg.state.ar.us
Jerry Brown, D-Wynne; brownj@arkleg.state.ar.us
Leslie Carnine, R-Rogers; carninel@arkleg.state.ar.us
Eddie Cheatham, D-Crossett; cheathame@arkleg.state.ar.us
Robert Dale, R-Dover; redale70@yahoo.com
Jody Dickinson, D-Newport; (no e-mail listed)
Dan Greenberg, R-Bryant; rep.greenberg@gmail.com
Donna Hutchinson, R-Bella Vista; hutchinsond@arkleg.state.ar.us
Mark Martin, R-Prairie Grove; martinm@arkleg.state.ar.us
Mark Perry, D-Jacksonville; mperry@alltel.net
David Rainey, D-Dumas; raineyd@arkleg.state.ar.us
Tim Summers, R-Bentonville; summerst@arkleg.state.ar.us
Linda Tyler, D-Conway; tylerl@arkleg.state.ar.us
Charolette Wagner, D-Manila; wagnerc@arkleg.state.ar.us
You may also contact your representatives online. Go to www.capwiz.com/nea/ar/state/main/?state=AR&view=myofficials. Or you may call (501) 682-6211 and leave a message. This phone number is only in operation while the House is in session.
If the bill receives the 11 necessary votes from this committee and then is approved by the full House, it will go before the Senate Education Committee. The bill is sponsored in the Senate by Sen. Joyce Elliott, D-Little Rock, and co-sponsored by Sen. Shane Broadway, D-Bryant.Five votes are needed for the bill to pass the Senate Education Committee and go before the full Senate. Only if it is approved by the full Senate will it go before Gov. Mike Beebe to be signed. So please contact the members of the Senate Education Committee and make them aware of the importance of this bill, and ask them for their support.
Senate Education Committee members who have not indicated support are:
Steve Bryles, D-Little Rock; bryless@arkleg.state.ar.us
Kim Hendren, R-Gravette; hendrenk@arkleg.state.ar.us
Gene Jeffress, D-Louann; gjeffress@arkleg.state.ar.us
Jimmy Jeffress, D-Crossett; jjeffress@arkleg.state.ar.us
Johnny Key, R-Mountain Home; keyj@arkleg.state.ar.us
Mary Anne Salmon, D-North Little Rock; msalmon@arkleg.state.ar.us
You may also contact your senators online. Go to www.capwiz.com/nea/ar/state/main/?state=AR&view=myofficials. Or you may call (501) 682-2902 and leave a message. This phone number is only in operation while the Senate is in session.
HB 1921 makes several important provisions for ESPs and ensures their fair treatment if termination or nonrenewal of their contract is being considered:
Employee evaluation:
- All full-time employees shall be evaluated annually in writing.
- The school district shall bring performance problems, if any, to the employee's attention and offer assistance.
- The district shall maintain personnel files on each employee.
Contract non-renewal:
- For a full-time, non-probationary employee, the employee's contract automatically renews 45 days before the previous contract ends, unless the superintendent notifies the employee in writing of the intent to not renew the contract.
-Written notice shall include a simple but complete statement of each reason for recommending nonrenewal.
Suspension:
-Written notice of suspension shall include a simple but complete statement of each reason for immediate or recommended suspension.
- The salary of the suspended full-time employee stops once the school board sustains the suspension.
Hearings:
- At the termination, nonrenewal or suspension hearing, no new reasons shall be considered by the board that were not contained in the written notice.
- The employee will receive a copy of the termination, nonrenewal or suspension hearing.
- Within 10 days of a hearing for a full-time, non-probationary employee, the board shall either uphold the superintendent’s recommendation to terminate or not renew the contract, or reject or modify the recommendation or vote to continue the contract under such limitations, restrictions or assurances as the board considers in the best interest of the school district.
- After the hearing of a full-time employee, the school board shall make specific conclusions concerning the truth of each reason given in the notice.
Finality of the school board's decision:
- The decision by the school board for the termination or nonrenewal of a full-time probationary employee (less than one year of employment) is final.
- The termination or nonrenewal of a full-time non-probationary employee may be for:
o A reduction in force
o Incompetent performance
o Conduct that materially interferes with continued performance of duties
o Repeated or material neglect of duty
o Other just and reasonable cause
- A non-probationary, full-time employee may appeal the decision of the school board to the circuit court of the county in which the district is located.
- The termination, nonrenewal or suspension shall be void unless the school district substantially complies with this subchapter and the applicable school district policies.
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