AMENDMENT FOR PRINTED BILL
1234cf

___________________ moved that HB 1234 be amended as follows:


    On the previously adopted amendment, 1234cd, delete Section 40 and the first five lines of Section 41, and insert the following:

    Section 40. That § 13-43-6.2 be amended to read as follows:

    13-43-6.2. If nonrenewal of a tenured or nontenured teacher is contemplated under § 13-43-6.1 § 13-43-6.3, the superintendent or chief executive officer shall give written notice of an intention to recommend nonrenewal to the teacher and the school board; a written statement of the reasons for the recommendation for any tenured teacher; access to the employment records of the teacher; the opportunity to the teacher for a hearing before the school board to present reasons in person or in writing why the nonrenewal should not occur; and the opportunity to be represented. The teacher shall request the hearing as provided in § 13-43-6.9. The school board shall contract with the Office of Hearing Examiners pursuant to § 1-26D-11 to conduct the hearing not sooner than fourteen days, nor later than forty-five days, after receipt of the teacher's request for hearing. The parties may waive the time limitations provided for in this section. The hearing examiner, after hearing evidence in the matter, shall make proposed findings of fact and conclusions of law, and a proposed decision. The superintendent of chief executive officer, with the consent of the school board, may accept or reject the decision of the hearing examiner, and the decision of the superintendent or chief executive officer is final without further action. The school district and the teacher requesting the hearing shall each pay half of the cost of the services provided by the Office of Hearing Examiners.

    Section 41. That § 13-43-6.3 be amended to read as follows:

    13-43-6.3. Until a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district, a A school board may or may not renew the teacher's contract of a nontenured teacher. The superintendent or chief executive officer shall give written notice of nonrenewal by April fifteenth but is not required to give further process or a reason for nonrenewal.