section41

Chapter 71, Section 41
Tenure and Professional Status
 * Teacher, school librarian, school adjustment counselor, school social worker, school psychologist who have served 3 consecutive years are seen as “teacher” and entitled to professional status
 * Superintendent may award professional status (based on recommendation of principal) to any teacher who has served at least 1 year
 * Superintendent may award professional status (based on recommendation of principal) to any teacher who has professional status in another MA school district
 * A teacher without professional status must be notified in writing on or before June 15th, if he is not going to be employed the following year (without such notice, the teacher must be rehired)

Addendum as of October 2006
 * School principals will not be represented by collected bargaining
 * Principals may be represented by a lawyer in conversations about employment status
 * Principals will have written contracts
 * Contracts can be up to 3 years in length
 * If the principal is not notified at least 60 days prior to end of contract, she is automatically rehired for 1 more year
 * Section 42 will not apply to principals, assistant principals or department heads (but they do keep any professional teacher status that they had previously)
 * Principals, assistant principals, department heads or supervisors who have served in the same district for 3 consecutive years can not be dismissed or demoted without ‘good cause’
 * Only a superintendent may dismiss a principal
 * A principal, assistant principal, department head or supervisor can not be dismissed without a written notice of intent to dismiss that explains the grounds for dismissal; he must have a reasonable opportunity to discuss this with the superintendent (an attorney or other representative can be present)
 * The above can seek a review of dismissal or demotion with the commissioner for arbitration


 * School committee awards contract to superintendent or school business administrator for up to 6 years
 * A school committee may vote to employ a superintendent who has served 3 or more years to serve at its discretion