SECOND REGULAR SESSION

HOUSE BILL NO. 2126 103RD GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE BANDERMAN.

4312H.01I JOSEPH ENGLER, Chief Clerk

AN ACT To repeal section 168.410, RSMo, and to enact in lieu thereof two new sections relating to school building administrators.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 168.410, RSMo, is repealed and two new sections enacted in lieu 2 thereof, to be known as sections 168.410 and 168.411, to read as follows: 168.410. 1. As used in this section and section 168.411, "building-level 2 administrator" means a school official who supervises or evaluates other licensed staff. 3 A building-level administrator may be a principal or an assistant principal. 4 2. School administrators [and], school district superintendents, and building-level 5 administrators shall be evaluated in the following manner: 6 (1) The board of education of each school district shall cause a comprehensive 7 performance-based evaluation for each administrator employed by the district. Such 8 evaluation shall be ongoing, specific, and of sufficient specificity and frequency to provide 9 for demonstrated standards of competency and academic ability; 10 (2) All evaluations shall be: 11 (a) Maintained in the respective administrator's personnel file at the office of the 12 board of education of the school district. A copy of each evaluation shall be provided to the 13 person being evaluated and to the appropriate administrator; and 14 (b) Conducted using research-based evaluation tools that align with best 15 practices; 16 (3) All evaluations may be based on multiple rating categories as determined by 17 the governing board; and

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2126 2

18 [(3)] (4) The state department of elementary and secondary education shall provide 19 suggested procedures for the evaluations performed under this section. 168.411. 1. As used in this section, "nonrenewal" or "nonrenewed" means, when 2 referring to a contract of a building-level administrator, such contract is not extended 3 beyond the current term provided for in such contract. 4 2. (1) Each school district employing a building-level administrator shall 5 provide written notification of contract renewal or nonrenewal no later than March first 6 in the year the contract expires. If written notice is not given by the deadline, such 7 failure on the part of the school district constitutes reemployment on the same terms 8 and in the same building-level administrator position as those provided in the contract 9 of the current fiscal year for an additional one-year period. 10 (2) No building-level administrator's contract shall be nonrenewed without such 11 building-level administrator being evaluated at least once in the contract year as 12 required under section 168.410. 13 (3) (a) A school district shall present a contract to each building-level 14 administrator whose contract has been renewed. 15 (b) The building-level administrator shall accept or reject such contract in 16 writing within fifteen business days after receiving the contract. 17 3. (1) A contract for a building-level administrator with a minimum of five years 18 in administration with a school district shall not be nonrenewed by such district except 19 for cause. For purposes of this subsection, for cause includes, but is not limited to: 20 (a) Unsatisfactory performance as determined through the annual evaluation 21 process required in section 168.410; 22 (b) Violation of school district policies or state laws; or 23 (c) Conduct detrimental to the operation of the school district or a public school 24 in such district. 25 (2) (a) Any building-level administrator reemployed for at least five consecutive 26 years within a school district shall have the right to request a written statement of 27 reasons for nonrenewal of such building-level administrator's contract within ten 28 business days after receiving such nonrenewal notice. The school district shall provide 29 the reasons for such nonrenewal in writing within ten business days of receipt of the 30 request. 31 (b) A building-level administrator who receives such nonrenewal notice has the 32 right to: 33 a. Request a closed-session hearing before the school board within ten business 34 days of receiving the notice; 35 b. Present evidence, testimony, and cross-examine witnesses; and HB 2126 3

36 c. Be represented by counsel if desired. 37 (3) The school board shall issue a final decision within thirty business days after 38 the hearing. 39 4. (1) A building-level administrator dismissed during an active contract term is 40 entitled to due process including, but not limited to: 41 (a) Written notice of the reason for dismissal; 42 (b) The opportunity to present the building-level administrator's case before the 43 school board; and 44 (c) A hearing conducted in compliance with state statutes and procedural due 45 process rights. 46 (2) A building-level administrator may file an appeal if nonrenewal or dismissal 47 violates: 48 (a) State law governing building-level administrator contracts; or 49 (b) School district policies regarding performance evaluations and contract 50 renewals. ✔

Statutes affected:
Introduced (4312H.01): 168.410, 168.411