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Bills and Amendments: General Index     Bill History: General Index



House File 2501

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  DEPARTMENT OF EDUCATION.  There is appropriated
  1  2 from the general fund of the state to the department of
  1  3 education for the fiscal year beginning July 1, 1998, and
  1  4 ending June 30, 1999, the following amount, or so much thereof
  1  5 as is necessary, to be used for the purpose designated:
  1  6    For beginning teacher induction program grants as provided
  1  7 in chapter 256E:  
  1  8 .................................................. $    180,000
  1  9    It is the intent of the general assembly that grants
  1 10 awarded using moneys appropriated under this section shall
  1 11 provide support to a minimum of 100 teams of mentors and
  1 12 beginning teachers.
  1 13    Sec. 2.  NEW SECTION.  256.44  NATIONAL BOARD CERTIFICATION
  1 14 AWARD – APPROPRIATION.
  1 15    1.  A teacher, as defined in section 272.1, who registers
  1 16 for and achieves a national board for professional teaching
  1 17 standards certificate and is employed by a school district in
  1 18 Iowa shall be eligible for a registration award and an annual
  1 19 award of ten thousand dollars for each year the certificate is
  1 20 valid as provided in this section.
  1 21    2.  To receive a partial registration award in the amount
  1 22 of one-half of the registration fee charged by the national
  1 23 board for professional teaching standards, the teacher shall
  1 24 apply to the department of education within one year of
  1 25 registration, submitting to the department any documentation
  1 26 the department requires.  A teacher shall receive a final
  1 27 registration award in the amount of the remaining registration
  1 28 fee charged by the national board if the teacher notifies the
  1 29 department of the teacher's certification achievement and
  1 30 submits any documentation requested by the department.
  1 31    3.  To receive a five-year annual award for achieving
  1 32 certification by the national board of professional teaching
  1 33 standards, a teacher shall apply to the department within one
  1 34 year of eligibility.  Payment for awards shall be made only
  1 35 upon departmental approval of an application or
  2  1 recertification of eligibility.  A nonrenewable term of
  2  2 eligibility shall be for five years or for the years the
  2  3 certificate is valid, whichever time period is shorter.  In
  2  4 order to continue receipt of payments, a recipient shall
  2  5 annually recertify eligibility.
  2  6    4.  A national board for professional teaching standards
  2  7 certification fund is established in the office of treasurer
  2  8 of state to be administered by the department.  Moneys
  2  9 appropriated by the general assembly for deposit in the fund
  2 10 shall be paid as follows:
  2 11    a.  Upon receipt of award documentation as provided in
  2 12 subsection 2.
  2 13    b.  On January 15 to teachers whose applications and
  2 14 recertifications for annual awards as provided in subsection 3
  2 15 are approved by the department.  The treasurer of state shall
  2 16 act as custodian of the fund and may invest the moneys
  2 17 deposited in the fund.  The income from any investment shall
  2 18 be credited to and deposited in the fund.  The director of
  2 19 revenue and finance shall issue warrants upon the fund
  2 20 pursuant to the order of the department and such warrants
  2 21 shall be paid from the fund by the treasurer of state.
  2 22 Notwithstanding section 8.33, unencumbered or unobligated
  2 23 moneys remaining in the fund on June 30 of the fiscal year for
  2 24 which the funds were appropriated shall not revert but shall
  2 25 be available for subsequent fiscal years for the purposes of
  2 26 this section.
  2 27    5.  An individual shall not qualify for a term of annual
  2 28 award eligibility unless the individual applies, certifying
  2 29 eligibility, to the department prior to June 30, 2001.
  2 30    6.  There is appropriated from the general fund of the
  2 31 state to the office of treasurer of state for the fiscal year
  2 32 beginning July 1, 1998, and ending June 30, 1999, the sum of
  2 33 two hundred fifty thousand dollars for deposit in the national
  2 34 board for professional teaching standards certification fund
  2 35 established and administered pursuant to this section.
  3  1    Sec. 3.  NEW SECTION.  256E.1  BEGINNING TEACHER INDUCTION
  3  2 PROGRAM ESTABLISHED – GRANTS.
  3  3    If the general assembly appropriates moneys for purposes of
  3  4 teacher induction, the department of education shall
  3  5 coordinate a beginning teacher induction program to promote
  3  6 excellence in teaching, to build a supportive environment
  3  7 within school districts, to increase the retention of
  3  8 promising beginning teachers, and to promote the personal and
  3  9 professional well-being of teachers.  The department of
  3 10 education shall develop a process for awarding beginning
  3 11 teacher induction grants to school districts, and shall adopt
  3 12 rules pursuant to chapter 17A relating to the equitable
  3 13 distribution of grants to school districts to reflect
  3 14 diversity geographically and by population.
  3 15    Sec. 4.  NEW SECTION.  256E.2  DEFINITIONS.
  3 16    As used in this chapter, unless the context otherwise
  3 17 requires:
  3 18    1.  "Beginning teacher" means an individual serving under
  3 19 an initial provisional or conditional license, issued by the
  3 20 board of educational examiners under chapter 272, who is
  3 21 assuming a position as a classroom teacher.
  3 22    2.  "Board of directors" means the board of directors of a
  3 23 school district or a collaboration of boards of directors of
  3 24 school districts.
  3 25    3.  "Classroom teacher" means an individual who holds a
  3 26 valid practitioner's license and who is employed by a school
  3 27 district under sections 279.13 through 279.19 in a school
  3 28 district or area education agency in this state to provide
  3 29 instruction to students.
  3 30    4.  "Department" means the department of education.
  3 31    5.  "Director" means the director of the department of
  3 32 education.
  3 33    6.  "District facilitator" means a licensed professional
  3 34 pursuant to chapter 272 who is appointed by the board of
  3 35 directors, or a collaboration of districts, to serve as the
  4  1 liaison between the board of directors and the department for
  4  2 the beginning teacher induction program.
  4  3    7.  "Mentor" means an individual employed by a school
  4  4 district or area education agency as a classroom teacher and
  4  5 who holds a valid license to teach issued under chapter 272.
  4  6    Sec. 5.  NEW SECTION.  256E.3  DISTRICT PLAN.
  4  7    1.  A board of directors of a school district or the boards
  4  8 of directors of a collaboration of school districts
  4  9 participating in the beginning teacher induction program shall
  4 10 appoint a district facilitator, whose duties shall include,
  4 11 but are not limited to, overseeing the development of a plan
  4 12 for meeting the goals of the program as set forth in section
  4 13 256E.1, and composing a district committee pursuant to
  4 14 subsection 2.
  4 15    2.  The membership of the district committee composed by
  4 16 the district facilitator shall include, but is not limited to,
  4 17 licensed practitioners and an area education agency staff
  4 18 development professional.
  4 19    3.  The district committee shall adopt a plan and written
  4 20 procedures for a mentor program consistent with this chapter.
  4 21 The plan and the written procedures shall, at a minimum,
  4 22 provide the process for the selection of and the number of
  4 23 mentors; the mentor training process; the timetable by which
  4 24 the plan shall be implemented; placement of mentors and
  4 25 beginning teachers; the minimum amount of contact time between
  4 26 mentors and beginning teachers; the minimum amount of release
  4 27 time for mentors and beginning teachers for meetings for
  4 28 planning, demonstration, observation, feedback, and workshops;
  4 29 the process for dissolving mentoring partnerships; and the
  4 30 process for measuring the results of the program.  The
  4 31 district committee shall recommend to the board of directors
  4 32 or boards of directors of a collaboration the names of
  4 33 classroom teachers eligible to be mentors.
  4 34    4.  The district facilitator shall submit the plan, and the
  4 35 proposed costs of implementing the plan, to the board of
  5  1 directors or boards of directors of a collaboration, which
  5  2 shall consider the plan and, once approved, submit the plan
  5  3 and a reasonable cost proposal to the department of education,
  5  4 which shall award grants as equitably as possible based on the
  5  5 geographic and population diversity of the school districts
  5  6 submitting plans.  Grants may be awarded in subsequent years
  5  7 based upon the most recent plan on file with the department.
  5  8    5.  The district committee is encouraged to work with area
  5  9 education agencies and postsecondary institutions in the
  5 10 preparation and implementation of a plan.
  5 11    Sec. 6.  NEW SECTION.  256E.4  BEGINNING TEACHER AND MENTOR
  5 12 SELECTION AND PLACEMENT.
  5 13    1.  To be eligible to be a mentor, a licensed practitioner
  5 14 shall, at a minimum, be employed by a school district as a
  5 15 classroom teacher, have a record of at least four years of
  5 16 effective practice, have been employed for one full year in
  5 17 the district on a nonprobationary basis, and demonstrate
  5 18 professional commitment to the improvement of teaching and
  5 19 learning, and the development of beginning teachers.
  5 20    2.  The district facilitator shall place beginning teachers
  5 21 in a manner that provides the greatest opportunity to
  5 22 participate with the largest number of mentors.
  5 23    Sec. 7.  NEW SECTION.  256E.5  BEGINNING TEACHER INDUCTION
  5 24 STATE SUBSIDY – FUND.
  5 25    1.  A teacher who is enrolled as a mentor in an approved
  5 26 beginning teacher induction program shall be eligible for an
  5 27 award of five hundred dollars per semester of participation in
  5 28 the program, which shall be paid from moneys received pursuant
  5 29 to this section by the school district employing the mentor.
  5 30    2.  Moneys received by a school district pursuant to this
  5 31 chapter shall be expended to provide mentors with awards in
  5 32 accordance with subsection 1, to implement the plan, to pay
  5 33 the costs of the employer's share of contributions to federal
  5 34 social security and the Iowa public employees' retirement
  5 35 system or a pension and annuity retirement system established
  6  1 under chapter 294, for such amounts paid by the district.
  6  2    3.  Moneys received by a school district under this chapter
  6  3 are miscellaneous income for purposes of chapter 257 or are
  6  4 considered encumbered.  Each local school district shall
  6  5 maintain a separate listing within their budget for payments
  6  6 received and expenditures made pursuant to this section.
  6  7    4.  Moneys received for purposes of this chapter shall not
  6  8 be used for payment of any collective bargaining agreement or
  6  9 arbitrator's decision negotiated or awarded under chapter 20.
  6 10    5.  A beginning teacher induction fund is established in
  6 11 the office of the treasurer of state to be administered by the
  6 12 department.  Moneys appropriated by the general assembly for
  6 13 deposit in the fund shall be used to provide funding to school
  6 14 districts pursuant to the requirements of this section.
  6 15    6.  Notwithstanding section 8.33, unencumbered or
  6 16 unobligated funds remaining on June 30 of the fiscal year for
  6 17 which the funds were appropriated shall not revert but shall
  6 18 be available for expenditure in the following fiscal year for
  6 19 the purposes of this section.
  6 20    Sec. 8.  NEW SECTION.  256E.6  REPORTS.
  6 21    The board of directors of a school district or the boards
  6 22 of directors of a collaboration of school districts
  6 23 implementing an approved beginning teacher induction program
  6 24 as provided in this chapter shall submit an assessment of the
  6 25 program's results by July 1 of the fiscal year succeeding the
  6 26 year in which the school district or the collaboration of
  6 27 school districts received moneys under this chapter.  The
  6 28 department shall annually report the statewide results of the
  6 29 program to the chairpersons and the ranking members of the
  6 30 house and senate education committees by January 1.
  6 31    Sec. 9.  Section 279.15, Code 1997, is amended to read as
  6 32 follows:
  6 33    279.15  NOTICE OF TERMINATION – REQUEST FOR HEARING.
  6 34    1.  The superintendent or the superintendent's designee and
  6 35 the board of director's of the school district shall notify
  7  1 the teacher not later than April 30 that the superintendent
  7  2 will recommend in writing to the board at a regular or special
  7  3 meeting of the board, held not later than May 15, March 15
  7  4 that the teacher's continuing contract be terminated effective
  7  5 at the end of the current school year.  However, if the
  7  6 district is subject to reorganization under chapter 275, the
  7  7 notification shall not occur until after the first
  7  8 organizational meeting of the board of the newly formed
  7  9 district.
  7 10    2.  Notification of recommendation of termination of a
  7 11 teacher's contract shall be in writing, signed by the
  7 12 superintendent and the presiding officer of the board, and
  7 13 shall be personally delivered to the teacher, or mailed by
  7 14 certified mail.  The notification shall be complete when
  7 15 received by the teacher.  The notification and the
  7 16 recommendation to terminate shall contain a short and plain
  7 17 statement of the reasons, which shall be for just cause, why
  7 18 the recommendation is being made.  The notification shall be
  7 19 given at or before the time the recommendation is given to the
  7 20 board.
  7 21    3.  As a part of the termination proceedings, the teacher's
  7 22 complete personnel file of employment by that board shall be
  7 23 available to the teacher, which file shall contain a record of
  7 24 all periodic evaluations between the teacher and appropriate
  7 25 supervisors.
  7 26    4.  Within five days of the receipt of the written notice
  7 27 that the superintendent is recommending of termination of the
  7 28 contract, the teacher may request, in writing to the secretary
  7 29 of the board, a private hearing with the board an adjudicator
  7 30 selected in accordance with section 279.17.  The private
  7 31 hearing shall not be subject to chapter 21 and shall be held
  7 32 no sooner than ten days and no later than twenty days
  7 33 following the receipt of the request the selection of the
  7 34 adjudicator, unless the parties otherwise agree.  The
  7 35 secretary of the board shall notify the teacher in writing of
  8  1 the date, time, and location of the private hearing, and at
  8  2 least five ten days before the hearing shall also furnish to
  8  3 the teacher any documentation which may be presented to by the
  8  4 superintendent and the board at the private hearing and a list
  8  5 of persons who may address the board adjudicator in support of
  8  6 the superintendent's recommendation at the private hearing.
  8  7 At least three days before the hearing, the teacher shall
  8  8 provide any documentation the teacher expects to present at
  8  9 the private hearing, along with the names of any persons who
  8 10 may address the board on behalf of the teacher.  This exchange
  8 11 of information shall be at the time specified unless otherwise
  8 12 agreed.
  8 13    Sec. 10.  Section 279.16, Code 1997, is amended to read as
  8 14 follows:
  8 15    279.16  PRIVATE HEARING – DECISION – RECORD.
  8 16    1.  The participants at the private hearing shall be at
  8 17 least a majority of the interested members of the board, their
  8 18 legal representatives, if any, the superintendent, the
  8 19 superintendent's designated representatives, if any, the
  8 20 teacher's immediate supervisor, the teacher, the teacher's
  8 21 representatives, if any, and the witnesses for the parties.
  8 22 The evidence at the private hearing shall be limited to the
  8 23 specific reasons stated in the superintendent's notice of
  8 24 recommendation of termination.  No participant in the hearing
  8 25 shall be liable for any damages to any person if any statement
  8 26 at the hearing is determined to be erroneous as long as the
  8 27 statement was made in good faith.  The superintendent shall
  8 28 present evidence and argument on all issues involved and the
  8 29 teacher may cross-examine, respond and present evidence and
  8 30 argument in the teacher's behalf relevant to all issues
  8 31 involved.  Evidence may be by stipulation of the parties and
  8 32 informal settlement may be made by stipulation, consent, or
  8 33 default or by any other method agreed upon by the parties in
  8 34 writing.  The board shall employ a certified shorthand
  8 35 reporter to keep a record of the private hearing.  The
  9  1 proceedings or any Any part thereof of the proceedings shall
  9  2 be transcribed at the request of either party with the expense
  9  3 of transcription charged to the requesting party.
  9  4    2.  The presiding officer of the board adjudicator may
  9  5 administer oaths in the same manner and with like effect and
  9  6 under the same penalties as in the case of magistrates
  9  7 exercising criminal or civil jurisdiction.  The board
  9  8 adjudicator shall cause subpoenas to be issued for such
  9  9 witnesses and the production of such any books and papers as
  9 10 either the board or the teacher may designate.  The subpoenas
  9 11 shall be signed by the presiding officer of the board
  9 12 adjudicator.
  9 13    3.  In case a witness is duly subpoenaed and refuses to
  9 14 attend, or in case a witness appears and refuses to testify or
  9 15 to produce required books or papers, the board adjudicator
  9 16 shall, in writing, report such refusal to the district court
  9 17 of the county in which the administrative office of the school
  9 18 district is located, and the court shall proceed with the
  9 19 person or witness as though the refusal had occurred in a
  9 20 proceeding legally pending before the court.
  9 21    The board adjudicator shall not be bound by common law or
  9 22 statutory rules of evidence or by technical or formal rules of
  9 23 procedure, but it the adjudicator shall hold the hearing in
  9 24 such manner as is best suited to ascertain and conserve the
  9 25 substantial rights of the parties.  Process and procedure
  9 26 under sections 279.13 to 279.19 shall be as summary as
  9 27 reasonably may be.
  9 28    4.  At the conclusion of the private hearing, the
  9 29 superintendent and the teacher may file written briefs and
  9 30 arguments with the board adjudicator within three days or such
  9 31 other time as may be agreed upon.
  9 32    5.  If the teacher fails to timely request a private
  9 33 hearing or does not appear at the private hearing, the board
  9 34 may proceed and make a determination upon the superintendent's
  9 35 recommendation.  If the teacher fails to timely file a request
 10  1 for a private hearing, the determination shall be not later
 10  2 than May 31 April 15.  If the teacher fails to appear at the
 10  3 private hearing, the determination shall be not later than
 10  4 five days after the scheduled date for the private hearing.
 10  5 The board shall convene in open session and by roll call vote
 10  6 determine the termination or continuance of the teacher's
 10  7 contract.
 10  8    6.  Within five days after the private hearing, the board
 10  9 shall, in executive session, meet to make a final decision
 10 10 upon the recommendation and the evidence as herein provided.
 10 11 The board adjudicator shall also consider any written brief
 10 12 and arguments submitted by the superintendent and the teacher.
 10 13    7.  The record for a private hearing shall include the
 10 14 following:
 10 15    1. a.  All pleadings, motions and intermediate rulings.
 10 16    2. b.  All evidence received or considered and all other
 10 17 submissions.
 10 18    3. c.  A statement of all matters officially noticed.
 10 19    4. d.  All questions and offers of proof, objections and
 10 20 rulings thereon.
 10 21    5. e.  All findings and exceptions.
 10 22    6. f.  Any decision, opinion, or conclusion by the board.
 10 23    7. g.  Findings of fact shall be based solely on the
 10 24 evidence in the record and on matters officially noticed in
 10 25 the record.
 10 26    8.  The decision of the board adjudicator shall be in
 10 27 writing and shall include findings of fact and conclusions of
 10 28 law, separately stated.  Findings of fact, if set forth in
 10 29 statutory language, shall be accompanied by a concise and
 10 30 explicit statement of the underlying facts and supporting the
 10 31 findings.  Each conclusion of law shall be supported by cited
 10 32 authority or by reasoned opinion.
 10 33    9.  When the board has reached a decision, opinion, or
 10 34 conclusion, it shall convene in open meeting and by roll call
 10 35 vote determine the continuance or discontinuance of the
 11  1 teacher's contract.  The record of the private conference and
 11  2 findings of fact and exceptions shall be exempt from the
 11  3 provisions of chapter 22.  The secretary of the board
 11  4 adjudicator shall make a decision within thirty days and
 11  5 shall, upon reaching a decision, immediately mail notice of
 11  6 the board's action decision to the teacher, the
 11  7 superintendent, and the secretary of the board.
 11  8    10.  The record of the private hearing and findings of fact
 11  9 and exceptions shall be exempt from the provisions of chapter
 11 10 22.
 11 11    Sec. 11.  Section 279.17, Code 1997, is amended to read as
 11 12 follows:
 11 13    279.17  APPEAL BY TEACHER TO SELECTION AND AUTHORITY OF
 11 14 ADJUDICATOR.
 11 15    If the teacher is no longer a probationary teacher, the
 11 16 teacher may, within ten days, appeal the determination of the
 11 17 board to an adjudicator by filing a notice of appeal with the
 11 18 secretary of the board.  The notice of appeal shall contain a
 11 19 concise statement of the action which is the subject of the
 11 20 appeal, the particular board action appealed from, the grounds
 11 21 on which relief is sought and the relief sought.
 11 22    1.  Within five days following receipt by the secretary of
 11 23 the notice of appeal a teacher's request for a private hearing
 11 24 by an adjudicator as provided in section 279.15, the board or
 11 25 the board's legal representative, if any, and the teacher or
 11 26 the teacher's representative, if any, may select an
 11 27 adjudicator who resides within the boundaries of the merged
 11 28 area in which the school district is located.  If an
 11 29 adjudicator cannot be mutually agreed upon within the five-day
 11 30 period, the secretary shall notify the chairperson of the
 11 31 public employment relations board by transmitting the notice
 11 32 of appeal request for a private hearing, and the chairperson
 11 33 of the public employment relations board shall within five
 11 34 days provide a list of five adjudicators to the parties.
 11 35 Within three days from receipt of the list of adjudicators,
 12  1 the parties shall select an adjudicator by alternately
 12  2 removing a name from the list until only one name remains.
 12  3 The person whose name remains shall be the adjudicator.  The
 12  4 parties shall determine by lot which party shall remove the
 12  5 first name from the list submitted by the chairperson of the
 12  6 public employment relations board.  The secretary of the board
 12  7 shall inform the chairperson of the public employee relations
 12  8 board of the name of the adjudicator selected.
 12  9    If the teacher does not timely request an appeal to an
 12 10 adjudicator the decision, opinion, or conclusion of the board
 12 11 shall become final and binding.
 12 12    Within thirty days after filing the notice of appeal, or
 12 13 within further time allowed by the adjudicator, the board
 12 14 shall transmit to the adjudicator the original or a certified
 12 15 copy of the entire record of the private hearing which may be
 12 16 the subject of the petition.  By stipulation of the parties to
 12 17 review the proceedings, the record of the case may be
 12 18 shortened.  The adjudicator may require or permit subsequent
 12 19 corrections or additions to the shortened record.
 12 20    The record certified and filed by the board shall be the
 12 21 record upon which the appeal shall be heard and no additional
 12 22 evidence shall be heard by the adjudicator.  In such appeal to
 12 23 the adjudicator, especially when considering the credibility
 12 24 of witnesses, the adjudicator shall give weight to the fact
 12 25 findings of the board; but shall not be bound by them.
 12 26    Before the date set for hearing a petition for review of
 12 27 board action, which shall be within ten days after receipt of
 12 28 the record unless otherwise agreed or unless the adjudicator
 12 29 orders additional evidence be taken before the board,
 12 30 application may be made to the adjudicator for leave to
 12 31 present evidence in addition to that found in the record of
 12 32 the case.  If it is shown to the adjudicator that the
 12 33 additional evidence is material and that there were good
 12 34 reasons for failure to present it in the private hearing
 12 35 before the board, the adjudicator may order that the
 13  1 additional evidence be taken before the board upon conditions
 13  2 determined by the adjudicator.  The board may modify its
 13  3 findings and decision in the case by reason of the additional
 13  4 evidence and shall file that evidence and any modifications,
 13  5 new findings, or decisions, with the adjudicator and mail
 13  6 copies of the new findings or decisions to the teacher.
 13  7    2.  The adjudicator may affirm board action or remand to
 13  8 the board for further proceedings.  The adjudicator shall
 13  9 reverse, modify, the superintendent's recommendation to
 13 10 terminate the teacher's contract or grant any appropriate
 13 11 relief from the board action require the board to continue the
 13 12 teacher's contract if substantial rights of the teacher have
 13 13 been prejudiced because the board action is the adjudicator
 13 14 determines that termination of the contract would be any of
 13 15 the following:
 13 16    1. a.  In A violation of a board rule or policy or
 13 17 contract; or.
 13 18    2. b.  Unsupported by a preponderance of the competent
 13 19 evidence in the record made before the board adjudicator when
 13 20 that record is viewed as a whole; or.
 13 21    3. c.  Unreasonable, arbitrary or capricious or
 13 22 characterized by an abuse of discretion or a clearly
 13 23 unwarranted exercise of discretion.
 13 24    The adjudicator shall, within fifteen days after the
 13 25 hearing, make a decision and shall give a copy of the decision
 13 26 to the teacher and the secretary of the board.  The decision
 13 27 of the adjudicator shall become the final and binding decision
 13 28 of the board unless either party within ten days notifies the
 13 29 secretary of the board that the decision is rejected.  The
 13 30 board may reject the decision by majority vote, by roll call,
 13 31 in open meeting and entered into the minutes of the meeting.
 13 32 The board shall immediately notify the teacher of its decision
 13 33 by certified mail.  The teacher may reject the adjudicator's
 13 34 decision by notifying the board's secretary in writing within
 13 35 ten days of the filing of such decision.
 14  1    3.  All costs of the adjudicator shall be shared equally by
 14  2 the teacher and the board.
 14  3    Sec. 12.  Section 279.18, subsection 6, Code 1997, is
 14  4 amended to read as follows:
 14  5    6.  Unsupported by a preponderance of the competent
 14  6 substantial evidence in the record made before the board and
 14  7 the adjudicator when that record is viewed as a whole; or
 14  8    Sec. 13.  Section 279.19, unnumbered paragraph 1, Code
 14  9 1997, is amended to read as follows:
 14 10    The first two three consecutive years of employment of a
 14 11 teacher in the same school district are a probationary period.
 14 12 However, a board of directors may waive the probationary
 14 13 period for any teacher who previously has served a
 14 14 probationary period in another school district and the board
 14 15 may extend the probationary period for an additional year with
 14 16 the consent of the teacher.  A licensed teacher who has
 14 17 successfully completed a probationary period of employment for
 14 18 a school district located in Iowa is exempt from this section.
 14 19    Sec. 14.  INITIAL YEAR.
 14 20    1.  The board of directors of a school district, or the
 14 21 boards of directors of a collaboration, determined to
 14 22 participate in the beginning teacher induction program in
 14 23 fiscal year 1998-1999, shall submit the plan required under
 14 24 section 256E.3, as enacted in this Act, to the department of
 14 25 education by October 15, 1998.
 14 26    2.  By January 15, 1999, the department of education shall
 14 27 award grants as provided in accordance with section 256E.3, as
 14 28 enacted in this Act.
 14 29    Sec. 15.  CURRENT NATIONAL BOARD CERTIFICATE HOLDERS.  In
 14 30 order to receive payment under section 256.44, as enacted by
 14 31 this Act, a teacher who by July 1, 1998, meets the
 14 32 qualifications for an award under section 256.44 shall apply
 14 33 to the department for payment under section 256.44 by June 30,
 14 34 1999.  
 14 35                           EXPLANATION 
 15  1    This bill appropriates $250,000 for fiscal year 1998-1999
 15  2 for purposes of awarding teachers who apply for and achieve a
 15  3 national board for professional teaching standards
 15  4 certificate, appropriates $180,000 for the creation of a
 15  5 beginning teacher induction program, removes the option for a
 15  6 private hearing with the board currently available to a
 15  7 teacher facing contract termination by a school district, and
 15  8 extends the probationary period for teachers employed by
 15  9 school districts from two to three years, unless the teacher
 15 10 has successfully completed a previous probationary period for
 15 11 a school district in Iowa.
 15 12    The bill provides for a registration award for teachers who
 15 13 pay a registration fee when applying for a national board for
 15 14 professional teaching standards certificate.  The teacher
 15 15 receives an award for the first half of the fee upon
 15 16 registration and submission of documentation to the department
 15 17 of education, and receives the remainder of that award upon
 15 18 receiving certification and providing documentation to the
 15 19 department.
 15 20    A teacher who achieves or holds a certificate is also
 15 21 eligible for an annual payment of $10,000 for up to five years
 15 22 if the teacher is employed by a school district in Iowa.  The
 15 23 bill also establishes a national board for professional
 15 24 teaching standards certification fund to be administered by
 15 25 the department of education and appropriates $250,000 for the
 15 26 1998-1999 fiscal year to the fund.
 15 27    The bill creates a beginning teacher induction program to
 15 28 promote excellence in teaching, to build a supportive
 15 29 environment in school districts, to increase the retention of
 15 30 promising beginning teachers, and promote the personal and
 15 31 professional well-being of teachers.  The bill appropriates
 15 32 $180,000 for the first year of the program, fiscal year 1998-
 15 33 1999.
 15 34    The bill directs the department of education to develop a
 15 35 process to be used in awarding beginning teacher grants.
 16  1    A teacher serving as a mentor under the program is eligible
 16  2 for an award of $500 per semester of participation.  Moneys
 16  3 received by a district shall be expended for awards to
 16  4 mentors, for the costs of the employer's share of
 16  5 contributions to federal social security and the Iowa public
 16  6 employees' retirement system or a pension and annuity
 16  7 retirement system established under chapter 294, for such
 16  8 amounts paid by the districts.
 16  9    The bill establishes a beginning teacher induction fund in
 16 10 the office of the treasurer of state to be administered by the
 16 11 department of education.
 16 12    A school district shall appoint a district facilitator who
 16 13 acts as a liaison between the board and the department of
 16 14 education.  The facilitator is also responsible for appointing
 16 15 a district committee, the membership of which includes
 16 16 licensed teachers and an area education agency staff
 16 17 development professional.  The district committee must adopt a
 16 18 plan and written procedures for a mentor program which shall,
 16 19 at a minimum, address the application, mentor selection, and
 16 20 mentor training processes; the timetable for plan
 16 21 implementation; placement; minimum release time; measurement
 16 22 of results; and dissolving mentoring partnerships.
 16 23    District committees are encouraged to collaborate with area
 16 24 education agencies and postsecondary institutions in the
 16 25 preparation of plans.  The board of directors shall submit the
 16 26 plan and a reasonable cost proposal to the department, which
 16 27 shall award grants to school districts, selecting from the
 16 28 school districts submitting plans based solely upon
 16 29 equitability and geographic and population diversity.
 16 30    To be eligible to be a mentor, a licensed teacher must be
 16 31 employed by a school district as a classroom teacher for at
 16 32 least one full year on a nonprobationary basis, have a record
 16 33 of at least four years of effective practice, and demonstrate
 16 34 professional commitment to the improvement of teaching and
 16 35 learning, and the development of beginning teachers.
 17  1    This bill also removes from the teacher termination process
 17  2 currently within the Code the option for a private hearing
 17  3 with the board currently available to a teacher facing
 17  4 contract termination by a school district.
 17  5    The bill requires the superintendent of a school district
 17  6 and the school board to notify a teacher by March 15 that the
 17  7 teacher's continuing contract will be terminated effective at
 17  8 the end of the current school year, and permits the teacher to
 17  9 request a private hearing with an adjudicator.  The Code
 17 10 currently provides for the selection of an adjudicator, and
 17 11 the bill does not change the selection process.  Neither does
 17 12 the bill affect the teacher's ability to appeal the
 17 13 adjudicator's decision to the district court.  However, the
 17 14 bill changes the standard of evidence for which the court
 17 15 shall reverse, modify, or grant any other appropriate relief
 17 16 from the adjudicator's decision, from a "preponderance of
 17 17 competent evidence" to "substantial evidence." 
 17 18 LSB 4204HV 77
 17 19 kh/jl/8
     

Text: HF02500                           Text: HF02502
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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