Text: S03590                            Text: S03592
Text: S03500 - S03599                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 3591

Amendment Text

PAG LIN
  1  1    Amend the amendment, S-3583, to Senate File 476 as
  1  2 follows:
  1  3    #1.  By striking page 1, line 1, through page 20,
  1  4 line 37, and inserting the following:
  1  5    "Amend Senate File 576 as follows:
  1  6    #1.  By striking everything after the enacting
  1  7 clause and inserting the following:
  1  8    "Section 1.  APPROPRIATION.  There is appropriated
  1  9 from the general fund of the state to the department
  1 10 of education for the fiscal year beginning July 1,
  1 11 2001, and ending June 30, 2002, the following amount,
  1 12 or so much thereof as is necessary, to be used for the
  1 13 purposes designated:
  1 14    For purposes of the student achievement and teacher
  1 15 quality program established as provided in chapter
  1 16 284:  
  1 17 .................................................. $ 40,000,000
  1 18    Sec. 2.  INTENT.  It is the intent of the general
  1 19 assembly to create a teacher quality program that
  1 20 acknowledges that outstanding teachers are a key
  1 21 component in student success.  The program's goals are
  1 22 to redesign compensation strategies and teachers'
  1 23 professional development.  Such compensation
  1 24 strategies are designed to attract and retain high
  1 25 performing teachers, to reward teachers for improving
  1 26 their skills and knowledge in a manner that translates
  1 27 into better student learning, and to reward the staff
  1 28 of school attendance centers for improvement in
  1 29 student achievement.
  1 30    Sec. 3.  NEW SECTION.  284.1  STUDENT ACHIEVEMENT
  1 31 AND TEACHER QUALITY PROGRAM.
  1 32    A student achievement and teacher quality program
  1 33 is established to promote high student achievement.
  1 34 The program shall consist of the following four major
  1 35 elements:
  1 36    1.  Mentoring and induction programs that provide
  1 37 support for beginning teachers in accordance with
  1 38 sections 284.5 and 284.6.
  1 39    2.  Career paths with compensation levels that
  1 40 strengthen Iowa's ability to recruit and retain
  1 41 teachers.
  1 42    3.  Professional development designed to directly
  1 43 support best teaching practices.
  1 44    4.  Team-based variable pay that provides
  1 45 additional compensation when student performance
  1 46 improves.
  1 47    Sec. 4.  NEW SECTION.  284.2  DEFINITIONS.
  1 48    As used in this chapter, unless the context
  1 49 otherwise requires:
  1 50    1.  "Beginning teacher" means an individual serving
  2  1 under an initial provisional or conditional license,
  2  2 issued by the board of educational examiners under
  2  3 chapter 272, who is assuming a position as a classroom
  2  4 teacher.
  2  5    2.  "Classroom teacher" means an individual who
  2  6 holds a valid practitioner's license and who is
  2  7 employed under a teaching contract with a school
  2  8 district or area education agency in this state to
  2  9 provide classroom instruction to students.
  2 10    3.  "Comprehensive evaluation" means a summative
  2 11 evaluation of a teacher conducted by an evaluator for
  2 12 purposes of performance review, or recommendation for
  2 13 licensure based upon models developed pursuant to
  2 14 section 256.9, subsection 51, and to determine whether
  2 15 the teacher's practice meets the school district
  2 16 expectations for a career, career II, or advanced
  2 17 level.
  2 18    4.  "Department" means the department of education.
  2 19    5.  "Director" means the director of the department
  2 20 of education.
  2 21    6.  "Evaluator" means an administrator or other
  2 22 practitioner who successfully completes an evaluator
  2 23 training program pursuant to section 284.10.
  2 24    7.  "Mentor" means an individual employed by a
  2 25 school district or area education agency as a
  2 26 classroom teacher who holds a valid license issued
  2 27 under chapter 272.  The individual must have a record
  2 28 of four years of successful teaching practice, must be
  2 29 employed as a classroom teacher on a nonprobationary
  2 30 basis, and must demonstrate professional commitment to
  2 31 both the improvement of teaching and learning and the
  2 32 development of beginning teachers.
  2 33    8.  "School board" means the board of directors of
  2 34 a school district or a collaboration of boards of
  2 35 directors of school districts.
  2 36    9.  "State board" means the state board of
  2 37 education.
  2 38    10.  "Teacher" means an individual holding a
  2 39 practitioner's license issued under chapter 272, who
  2 40 is employed as a teacher, librarian, media specialist,
  2 41 or counselor in a nonadministrative position by a
  2 42 school district or area education agency pursuant to a
  2 43 contract issued by a board of directors under section
  2 44 279.13.  A teacher may be employed in both an
  2 45 administrative and a nonadministrative position by a
  2 46 board of directors and shall be considered a part-time
  2 47 teacher for the portion of time that the teacher is
  2 48 employed in a nonadministrative position.  "Teacher"
  2 49 includes a licensed individual employed on a less than
  2 50 full-time basis by a school district through a
  3  1 contract between the school district and an
  3  2 institution of higher education with a practitioner
  3  3 preparation program in which the licensed teacher is
  3  4 enrolled.
  3  5    Sec. 5.  NEW SECTION.  284.3  IOWA TEACHING
  3  6 STANDARDS.
  3  7    1.  For purposes of this chapter and for developing
  3  8 teacher evaluation criteria under chapter 279, the
  3  9 Iowa teaching standards are as follows:
  3 10    a.  Demonstrates competence in content knowledge
  3 11 appropriate to the teaching position.
  3 12    b.  Demonstrates competence in planning and
  3 13 preparing for instruction.
  3 14    c.  Uses strategies to deliver instruction that
  3 15 meets the multiple learning needs of students.
  3 16    d.  Uses a variety of methods to monitor student
  3 17 learning.
  3 18    e.  Demonstrates competence in classroom
  3 19 management.
  3 20    f.  Engages in professional growth.
  3 21    g.  Fulfills professional responsibilities
  3 22 established by the school district.
  3 23    2.  The school board and faculty shall collaborate
  3 24 to further define good teaching by enhancing the Iowa
  3 25 teaching standards in the following manner:
  3 26    a.  For purposes of comprehensive evaluations for
  3 27 beginning teachers, including the comprehensive
  3 28 evaluation required for the beginning teacher to
  3 29 progress to career teacher, the criteria shall be
  3 30 based upon models developed pursuant to section 256.9,
  3 31 subsection 51, and established pursuant to chapter 20.
  3 32    b.  For purposes of comprehensive evaluations for
  3 33 teachers other than beginning teachers, the school
  3 34 board shall convene the members of the school board
  3 35 and representatives of the faculty, elected by the
  3 36 faculty, to establish criteria based upon models
  3 37 developed pursuant to section 256.9, subsection 51.
  3 38 If the parties are unable to reach agreement, however,
  3 39 the model criteria shall become the school district's
  3 40 criteria.  These criteria shall be in addition to
  3 41 criteria otherwise agreed to under chapter 20.
  3 42    Sec. 6.  NEW SECTION.  284.4  PARTICIPATION.
  3 43    1.  A school district is eligible to receive moneys
  3 44 appropriated for purposes specified in this chapter if
  3 45 the school board applies to the department to
  3 46 participate in the student achievement and teacher
  3 47 quality program and submits a written statement
  3 48 declaring the school district's willingness to do all
  3 49 of the following:
  3 50    a.  Commit and expend local moneys to improve
  4  1 student achievement and teacher quality.
  4  2    b.  Implement a beginning teacher mentoring and
  4  3 induction program as provided in this chapter.
  4  4    c.  Adopt a teacher career development program in
  4  5 accordance with this chapter.
  4  6    d.  Adopt a teacher evaluation plan that, at
  4  7 minimum, requires a comprehensive evaluation of
  4  8 teachers in the participating district at least every
  4  9 five years based upon the Iowa teaching standards and
  4 10 requires administrators to complete evaluator training
  4 11 in accordance with section 284.10.
  4 12    e.  Adopt teacher career paths based upon
  4 13 demonstrated knowledge and skills in accordance with
  4 14 this chapter.
  4 15    f.  Adopt a team-based variable pay plan that
  4 16 rewards attendance center success when demonstrating
  4 17 improvement in meeting attendance center student
  4 18 achievement goals that are consistent with the
  4 19 district comprehensive school improvement plan.
  4 20    2.  By July 1, 2003, each school district shall
  4 21 participate in the student achievement and teacher
  4 22 quality program.
  4 23    Sec. 7.  NEW SECTION.  284.5  BEGINNING TEACHER
  4 24 MENTORING AND INDUCTION PROGRAM.
  4 25    1.  A beginning teacher mentoring and induction
  4 26 program is created to promote excellence in teaching,
  4 27 enhance student achievement, build a supportive
  4 28 environment within school districts, increase the
  4 29 retention of promising beginning teachers, and promote
  4 30 the personal and professional well-being of classroom
  4 31 teachers.  Prior to the completion of the 2001-2002
  4 32 school year, a school district shall, at a minimum,
  4 33 provide an approved beginning teacher mentoring and
  4 34 induction program for all classroom teachers who are
  4 35 beginning teachers.
  4 36    2.  The state board shall adopt rules to administer
  4 37 this section.
  4 38    3.  Notwithstanding subsection 1, a school district
  4 39 may provide a beginning teacher mentoring and
  4 40 induction program for all classroom teachers who are
  4 41 beginning teachers in the school years beginning July
  4 42 1, 2001, and July 1, 2002, and, notwithstanding
  4 43 section 284.4, subsection 1, a school district is
  4 44 eligible to receive moneys under section 284.13,
  4 45 subsection 1, paragraph "c", for each fiscal year of
  4 46 the fiscal period beginning July 1, 2001, and ending
  4 47 June 30, 2003, to establish a beginning teacher
  4 48 mentoring and induction program in accordance with
  4 49 this section.
  4 50    4.  Each participating school district shall
  5  1 develop an initial beginning teacher mentoring and
  5  2 induction plan.  The plan shall be included in the
  5  3 school district's comprehensive school improvement
  5  4 plan submitted pursuant to section 256.7, subsection
  5  5 21.  The beginning teacher induction plan shall, at a
  5  6 minimum, provide for a two-year sequence of induction
  5  7 program content and activities to support the Iowa
  5  8 teaching standards and beginning teacher professional
  5  9 and personal needs; mentor training that includes, at
  5 10 a minimum, skills of classroom demonstration and
  5 11 coaching, and district expectations for beginning
  5 12 teacher competence on Iowa teaching standards;
  5 13 placement of mentors and beginning teachers; the
  5 14 process for dissolving mentor and beginning teacher
  5 15 partnerships; district organizational support for
  5 16 released time for mentors and beginning teachers to
  5 17 plan, provide demonstration of classroom practices,
  5 18 observe teaching, and provide feedback; structure for
  5 19 mentor selection and assignment of mentors to
  5 20 beginning teachers; a district facilitator; and
  5 21 program evaluation.
  5 22    5.  Upon completion of the program, the beginning
  5 23 teacher shall be comprehensively evaluated to
  5 24 determine if the teacher meets expectations to move to
  5 25 the career level.  The school district shall recommend
  5 26 a beginning teacher who has successfully completed the
  5 27 program for an educational license.  A school district
  5 28 may offer a teacher a third year of participation in
  5 29 the program if, after conducting a comprehensive
  5 30 evaluation, the school district determines that the
  5 31 teacher is likely to successfully complete the
  5 32 mentoring and induction program by the end of the
  5 33 third year of eligibility.  A teacher granted a third
  5 34 year of eligibility shall develop a teacher's
  5 35 mentoring and induction program plan in accordance
  5 36 with this chapter and shall undergo a comprehensive
  5 37 evaluation at the end of the third year.  The board of
  5 38 educational examiners shall grant a one-year extension
  5 39 of the beginning teacher's provisional license upon
  5 40 notification by the school district that the teacher
  5 41 will participate in a third year of the school
  5 42 district's program.
  5 43    Sec. 8.  NEW SECTION.  284.6  TEACHER CAREER
  5 44 DEVELOPMENT.
  5 45    1.  The department shall coordinate a statewide
  5 46 network of career development for Iowa teachers.  A
  5 47 participating school district or career development
  5 48 provider that offers a career development program in
  5 49 accordance with section 256.9, subsection 51, shall
  5 50 demonstrate that the program contains the following:
  6  1    a.  Support that meets the career development needs
  6  2 of individual teachers and is aligned with the Iowa
  6  3 teaching standards.
  6  4    b.  Research-based instructional strategies aligned
  6  5 with the school district's student achievement needs
  6  6 and the long-range improvement goals established by
  6  7 the district.
  6  8    c.  Instructional improvement components including
  6  9 student achievement data, analysis, theory, classroom
  6 10 demonstration and practice, technology integration,
  6 11 observation, reflection, and peer coaching.
  6 12    d.  An evaluation component that documents the
  6 13 improvement in instructional practice and the effect
  6 14 on student learning.
  6 15    2.  The department shall identify models of career
  6 16 development practices that produce evidence of the
  6 17 link between teacher training and improved student
  6 18 learning.
  6 19    3.  A participating school district shall
  6 20 incorporate a district career development plan into
  6 21 the district's comprehensive school improvement plan
  6 22 submitted to the department in accordance with section
  6 23 256.7, subsection 21.  The district career development
  6 24 plan shall include a description of the means by which
  6 25 the school district will provide access to all
  6 26 teachers in the district to career development
  6 27 programs or offerings that meet the requirements of
  6 28 subsection 1.  The plan shall align all career
  6 29 development with the school district's long-range
  6 30 student learning goals and the Iowa teaching
  6 31 standards.  The plan shall indicate the school
  6 32 district's approved career development provider or
  6 33 providers.
  6 34    4.  In cooperation with the teacher's supervisor,
  6 35 the teacher employed by a participating school
  6 36 district shall develop an individual teacher career
  6 37 development plan.  The individual plan shall be based,
  6 38 at minimum, on the needs of the teacher, the Iowa
  6 39 teaching standards, and the student achievement goals
  6 40 of the attendance center and the school district as
  6 41 outlined in the comprehensive school improvement plan.
  6 42 The individual plan shall be reviewed by the teacher
  6 43 and the teacher's supervisor on a periodic basis to
  6 44 reflect the individual teacher's and the school
  6 45 district needs and the individual's progress in the
  6 46 plan.
  6 47    5.  School districts, a consortium of school
  6 48 districts, area education agencies, higher education
  6 49 institutions, and other public or private entities
  6 50 including professional associations may be approved by
  7  1 the state board to provide teacher career development.
  7  2 The career development program or offering shall, at
  7  3 minimum, meet the requirements of subsection 1.  The
  7  4 state board shall adopt rules for the approval of
  7  5 career development providers and standards for the
  7  6 district career development plan.
  7  7    Sec. 9.  NEW SECTION.  284.7  IOWA TEACHER CAREER
  7  8 PATH.
  7  9    To promote continuous improvement in Iowa's quality
  7 10 teaching workforce and to give Iowa teachers the
  7 11 opportunity for career recognition that reflects the
  7 12 various roles teachers play as educational leaders, an
  7 13 Iowa teacher career path is established for teachers
  7 14 employed by participating school districts.  A
  7 15 participating school district shall use funding
  7 16 allocated under section 284.13, subsection 1,
  7 17 paragraph "f", to raise teacher salaries to meet the
  7 18 requirements of this section.  The Iowa teacher career
  7 19 path and salary minimums are as follows:
  7 20    1.  Effective July 1, 2001, the following career
  7 21 path levels are established and shall be implemented
  7 22 in accordance with this chapter:
  7 23    a.  BEGINNING TEACHER.
  7 24    (1)  A beginning teacher is a teacher who meets the
  7 25 following requirements:
  7 26    (a)  Has successfully completed an approved
  7 27 practitioner preparation program as defined in section
  7 28 272.1.
  7 29    (b)  Holds a provisional teacher license issued by
  7 30 the board of educational examiners.
  7 31    (c)  Participates in the beginning teacher
  7 32 mentoring and induction program as provided in this
  7 33 chapter.
  7 34    (2)  The participating district shall increase the
  7 35 district's minimum salary for a first-year beginning
  7 36 teacher by at least one thousand five hundred dollars
  7 37 per year above the minimum salary paid to a first-year
  7 38 beginning teacher in the previous year unless the
  7 39 minimum salary for a first-year beginning teacher
  7 40 exceeds twenty-eight thousand dollars.
  7 41    b.  CAREER TEACHER.
  7 42    (1)  A career teacher is a teacher who meets the
  7 43 following requirements:
  7 44    (a)  Has successfully completed the beginning
  7 45 teacher mentoring and induction program as provided in
  7 46 this chapter.
  7 47    (b)  Is reviewed by the school district as
  7 48 demonstrating the competencies of a career teacher.
  7 49    (c)  Holds a valid license issued by the board of
  7 50 educational examiners.
  8  1    (d)  Participates in teacher career development as
  8  2 set forth in this chapter and demonstrates continuous
  8  3 improvement in teaching.
  8  4    (3)  The participating district shall provide a two
  8  5 thousand dollar difference between the average
  8  6 beginning teacher salary and the minimum career
  8  7 teacher salary, unless the school district has a
  8  8 minimum career teacher salary that exceeds thirty
  8  9 thousand dollars.
  8 10    2.  It is the intent of the general assembly to
  8 11 establish and require the implementation of and
  8 12 provide for the implementation of the following
  8 13 additional career path levels by July 1, 2003:
  8 14    a.  CAREER II TEACHER.
  8 15    (1)  A career II teacher is a teacher who meets the
  8 16 requirements of subsection 1, paragraph "b", has met
  8 17 the requirements established by the school district
  8 18 that employs the teacher, and is evaluated by the
  8 19 school district as demonstrating the competencies of a
  8 20 career II teacher.  The teacher shall have
  8 21 successfully completed a comprehensive evaluation in
  8 22 order to be classified as a career II teacher.
  8 23    (2)  It is the intent of the general assembly that
  8 24 the participating district shall establish a minimum
  8 25 salary for a career II teacher that is at least five
  8 26 thousand dollars greater than the minimum career
  8 27 teacher salary.  It is further intended that the
  8 28 district shall adopt a plan that facilitates the
  8 29 transition of a career teacher to a career II level.
  8 30    b.  ADVANCED TEACHER.
  8 31    (1)  An advanced teacher is a teacher who meets the
  8 32 following requirements:
  8 33    (a)  Receives the recommendation of the review
  8 34 panel that the teacher possesses superior teaching
  8 35 skills and that the teacher should be classified as an
  8 36 advanced teacher.
  8 37    (b)  Holds a valid license from the board of
  8 38 educational examiners.
  8 39    (c)  Participates in teacher career development as
  8 40 outlined in this chapter and demonstrates continuous
  8 41 improvement in teaching.
  8 42    (d)  Possesses the skills and qualifications to
  8 43 assume leadership roles.
  8 44    (2)  It is the intent of the general assembly that
  8 45 the participating district shall establish a minimum
  8 46 salary for an advanced teacher that is at least
  8 47 thirteen thousand five hundred dollars greater than
  8 48 the minimum career teacher salary.  In conjunction
  8 49 with the development of the review panel pursuant to
  8 50 section 284.9, the department shall make
  9  1 recommendations to the general assembly by January 1,
  9  2 2002, regarding the appropriate district-to-district
  9  3 recognition for advanced teachers and methods that
  9  4 facilitate the transition of a teacher to the advanced
  9  5 level.
  9  6    3.  A teacher shall be promoted one level at a time
  9  7 and a teacher promoted to the next career level shall
  9  8 remain at that level for at least one year before
  9  9 requesting promotion to the next career level.
  9 10    4.  A teacher employed in a participating district
  9 11 shall not receive less compensation in that
  9 12 participating district than the teacher received in
  9 13 the school year starting July 1, 2001, due to
  9 14 implementation of this chapter.  A teacher who
  9 15 achieves national board for professional teaching
  9 16 standards certification and meets the requirements of
  9 17 section 256.44 shall continue to receive the award
  9 18 specified in section 256.44 in addition to the
  9 19 compensation set forth in this section.
  9 20    Sec. 10.  NEW SECTION.  284.8  EVALUATION
  9 21 REQUIREMENTS.
  9 22    1.  In addition to evaluations agreed upon under
  9 23 chapter 20, a teacher shall be comprehensively
  9 24 evaluated based on the provisions of section 284.3 at
  9 25 least once every five years.  Comprehensive
  9 26 evaluations shall be conducted by an administrator or
  9 27 the administrator's designee certified pursuant to
  9 28 section 284.10.  The evaluation shall include, at
  9 29 minimum, classroom observation of the teacher, the
  9 30 teacher's progress and implementation of the teacher's
  9 31 individual career development plan, and should include
  9 32 supporting documentation from other supervisors,
  9 33 teachers, parents, and students.  A teacher may be
  9 34 comprehensively evaluated for purposes of performance
  9 35 review and shall be comprehensively evaluated for
  9 36 advancement in the career path established pursuant to
  9 37 section 284.7.
  9 38    2.  If a teacher is denied advancement based upon a
  9 39 comprehensive evaluation, the teacher may appeal the
  9 40 decision to an adjudicator under the process
  9 41 established under section 279.17.  However, the
  9 42 decision of the adjudicator is final.  If a district
  9 43 does not recommend a teacher for continued employment
  9 44 or licensure based upon a comprehensive evaluation,
  9 45 the provisions of sections 279.14, 279.17, and 279.18
  9 46 shall apply.  A teacher may file one cause of action
  9 47 objecting to the contents or procedures of a
  9 48 comprehensive evaluation and the objections shall not
  9 49 be subject to the grievance procedures negotiated in
  9 50 accordance with chapter 20.
 10  1    Sec. 11.  NEW SECTION.  284.9  REVIEW PANEL.
 10  2    1.  A career II teacher seeking to receive an
 10  3 advanced designation shall submit a portfolio of work
 10  4 evidence aligned with the Iowa teaching standards to a
 10  5 review panel established in accordance with subsection
 10  6 2.  A majority of the evidence in the portfolio shall
 10  7 be classroom-based.  The review panel shall evaluate
 10  8 the career II teacher's portfolio to determine whether
 10  9 the teacher demonstrates superior teaching skills and
 10 10 shall make a recommendation to the board of
 10 11 educational examiners whether or not the teacher shall
 10 12 receive an advanced designation.  The standards for
 10 13 recommendation include, but are not limited to,
 10 14 meeting the Iowa teaching standards at an advanced
 10 15 level.
 10 16    2.  The department shall establish up to five
 10 17 regional review panels consisting of five members per
 10 18 panel.  Each panel shall include, at minimum, a
 10 19 nationally board-certified teacher and a school
 10 20 district administrator.  Panel members shall be
 10 21 appointed by the director and shall possess the
 10 22 knowledge necessary to determine the quality of the
 10 23 evidence submitted in an applicant's portfolio.  Panel
 10 24 members shall serve a staggered three-year term and
 10 25 may be reappointed to a second term.  The department
 10 26 shall provide support and evaluation training for
 10 27 panel members and convene panels as needed.  Panel
 10 28 members shall be reimbursed for mileage expenses
 10 29 incurred while engaged in the performance of official
 10 30 duties and shall receive per diem compensation by the
 10 31 department.
 10 32    3.  To assure fairness and consistency in the
 10 33 evaluation process, the review panels may perform
 10 34 random audits of the comprehensive evaluations
 10 35 conducted by evaluators throughout the state, and may
 10 36 randomly review performance-based evaluation models
 10 37 developed by school districts in accordance with
 10 38 section 284.3, subsection 2.  The review of the
 10 39 evaluation models shall ensure that the model is at
 10 40 least equivalent to the state model developed pursuant
 10 41 to section 256.9, subsection 51.
 10 42    4.  A teacher who does not receive a recommendation
 10 43 from a review panel may appeal that denial to an
 10 44 administrative law judge located in the department of
 10 45 inspections and appeals.  The state shall not be
 10 46 liable for a teacher's attorney fees, costs, or
 10 47 damages that may result from an appeal of a review
 10 48 panel's decision.  The state board shall adopt rules
 10 49 to administer this section.
 10 50    Sec. 12.  NEW SECTION.  284.10  EVALUATOR TRAINING
 11  1 PROGRAM.
 11  2    1.  The department shall establish an evaluator
 11  3 training program to improve the skills of school
 11  4 district evaluators in making employment decisions,
 11  5 making recommendations for licensure, and moving
 11  6 teachers through a career path as established under
 11  7 this chapter.  The department shall consult with
 11  8 persons representing teachers, national board-
 11  9 certified teachers, administrators, school boards,
 11 10 higher education institutions with approved
 11 11 practitioner and administrator preparation programs,
 11 12 and with persons from the private sector knowledgeable
 11 13 in employment evaluation and evaluator training in
 11 14 order to develop standards and requirements for the
 11 15 program.  Evaluator training programs offered pursuant
 11 16 to this chapter may be provided by a public or private
 11 17 entity.  The department shall distribute a list of
 11 18 evaluator training program providers to each school
 11 19 district.
 11 20    2.  An administrator licensed under chapter 272 who
 11 21 conducts evaluations of teachers for purposes of this
 11 22 chapter shall complete the evaluator training program.
 11 23 A practitioner licensed under chapter 272 who is not
 11 24 an administrator may enroll in the evaluator training
 11 25 program.  Enrollment preference shall be given to
 11 26 administrators.  Upon successful completion, the
 11 27 provider shall certify that the administrator or other
 11 28 practitioner is qualified to conduct evaluations for
 11 29 employment, make recommendations for licensure, and
 11 30 make recommendations that a teacher is qualified to
 11 31 advance from one career path level to the next career
 11 32 path level pursuant to this chapter.  Certification is
 11 33 for a period of five years and may be renewed.
 11 34    3.  Effective until July 1, 2004, a school district
 11 35 shall be paid, from moneys allocated pursuant to
 11 36 section 284.13, subsection 1, paragraph "d", the
 11 37 amount of one thousand dollars for each individual who
 11 38 is licensed as an administrator under chapter 272 on
 11 39 or after July 1, 2001, and who has been certified in
 11 40 accordance with this section.  The district shall
 11 41 compensate the administrator who achieves
 11 42 certification not less than one thousand dollars.  If
 11 43 funds are available from moneys appropriated for
 11 44 purposes of this subsection, practitioners other than
 11 45 administrators who are certified in accordance with
 11 46 this section are eligible to be compensated in an
 11 47 amount determined by the department, which shall not
 11 48 exceed one thousand dollars and shall be prorated
 11 49 based upon the amount appropriated that remains after
 11 50 the amount needed for distribution to the
 12  1 administrators pursuant to this section has been
 12  2 determined by the department.  By October 1 annually,
 12  3 the school district shall notify the department of
 12  4 education of the number of individuals who have
 12  5 achieved certification in accordance with this
 12  6 section, and shall submit any documentation requested
 12  7 by the department.
 12  8    4.  By July 1, 2002, a higher education institution
 12  9 approved by the state board to provide an
 12 10 administrator preparation program shall incorporate
 12 11 the evaluator training program into the program
 12 12 offered by the institution.
 12 13    5.  Beginning July 1, 2002, the board of
 12 14 educational examiners shall require certification as a
 12 15 condition of issuing or renewing an administrator's
 12 16 license.
 12 17    6.  By July 1, 2004, the director shall develop and
 12 18 implement an evaluator training certification renewal
 12 19 program for administrators who need to renew a
 12 20 certificate issued pursuant to this section.
 12 21    Sec. 13.  NEW SECTION.  284.11  PILOT PROGRAM FOR
 12 22 TEAM-BASED VARIABLE PAY FOR STUDENT ACHIEVEMENT.
 12 23    1.  It is the intent of the general assembly to
 12 24 create a statewide team-based variable pay program to
 12 25 reward individual attendance centers for improvement
 12 26 in student achievement.  A pilot program is
 12 27 established to give Iowa school districts with one or
 12 28 more participating attendance centers the opportunity
 12 29 to explore and demonstrate successful methods to
 12 30 implement team-based variable pay.
 12 31    2.  A participating school district may use moneys
 12 32 appropriated for purposes of this chapter to provide a
 12 33 cash award to all of the licensed practitioners at a
 12 34 participating attendance center that has demonstrated
 12 35 improvement in student achievement as provided in this
 12 36 section.  The school district is encouraged to extend
 12 37 cash awards to other staff employed at the attendance
 12 38 center.
 12 39    3.  The principal, with the participation of a team
 12 40 of licensed practitioners appointed by the principal,
 12 41 at each participating attendance center within a
 12 42 school district shall annually submit district
 12 43 attendance center student performance goals to the
 12 44 school board for approval.  The attendance center
 12 45 goals must be aligned with the school improvement
 12 46 goals for the district developed in accordance with
 12 47 section 256.7, subsection 21.  The district shall
 12 48 determine the designation of an attendance center for
 12 49 purposes of this section.  The attendance center
 12 50 student performance goals may differ from attendance
 13  1 center to attendance center and may contain goals and
 13  2 indicators in addition to the comprehensive school
 13  3 improvement plan.  An attendance center shall
 13  4 demonstrate student achievement through the use of
 13  5 multiple measures that are valid and reliable.
 13  6    4.  Each participating district shall create its
 13  7 own design for a team-based pay plan linked to the
 13  8 district's comprehensive school improvement plan.  The
 13  9 plan must include attendance center student
 13 10 performance goals, student performance levels,
 13 11 multiple indicators to determine progress toward
 13 12 attendance center goals, and a system for providing
 13 13 financial rewards.  The team-based pay plan shall be
 13 14 approved by the local board.
 13 15    5.  Each district team-based pay plan shall be
 13 16 reviewed by the department.  The department shall
 13 17 include a review of the locally established goals,
 13 18 targeted levels of improvement, assessment strategies,
 13 19 and financial reward system.
 13 20    6.  A district electing to initiate a team-based
 13 21 variable pay plan according to this section during the
 13 22 school year beginning July 1, 2001, shall notify the
 13 23 department of its election in writing no later than
 13 24 August 1, 2001.  The department shall certify the
 13 25 school district plan by October 1, 2001.
 13 26    7.  A team-based performance award program fund is
 13 27 established in the state treasury under the control of
 13 28 the department.  The district team-based pay plan
 13 29 shall specify how the funding received by the district
 13 30 for purposes of this section is to be awarded to
 13 31 eligible staff in attendance centers that meet or
 13 32 exceed their goals.  The district shall provide all
 13 33 attendance centers equal access to the available
 13 34 funds.  Moneys shall be released by the department to
 13 35 the district only upon certification by the school
 13 36 board that an attendance center has met or exceeded
 13 37 its goals.
 13 38    8.  Moneys received for purposes of this section
 13 39 shall not be used for payment of any collective
 13 40 bargaining agreement or arbitrator's decision
 13 41 negotiated or awarded under chapter 20.
 13 42    Sec. 14.  NEW SECTION.  284.12  REPORT.
 13 43    1.  The department shall annually report the
 13 44 statewide progress on the following:
 13 45    a.  Students achievement scores in mathematics and
 13 46 reading at the fourth and eighth grade levels on a
 13 47 district-by-district basis.
 13 48    b.  Improvement in teacher compensation.
 13 49    c.  Evaluator training program.
 13 50    d.  Team-based variable pay for student
 14  1 achievement.
 14  2    e.  Changes and improvements in the evaluation of
 14  3 teachers under the Iowa teaching standards.
 14  4    2.  The report shall be made available to the
 14  5 chairpersons and ranking members of the senate and
 14  6 house committees on education, the state board, the
 14  7 governor, and school districts by January 1.  School
 14  8 districts shall provide information as required by the
 14  9 department for the compilation of the report and for
 14 10 accounting and auditing purposes.
 14 11    3.  Subject to an appropriation of sufficient funds
 14 12 by the general assembly, the department shall provide
 14 13 for a comprehensive independent evaluation of all
 14 14 components of the student achievement and teacher
 14 15 quality program and shall submit the results of the
 14 16 evaluation in the report submitted pursuant to
 14 17 subsection 2 on January 1, 2007.
 14 18    4.  In developing administrative rules for
 14 19 consideration by the state board, the department shall
 14 20 consult with persons representing teachers,
 14 21 administrators, school boards, approved practitioner
 14 22 preparation institutions, and other appropriate
 14 23 education stakeholders.
 14 24    Sec. 15.  NEW SECTION.  284.13  STATE PROGRAM
 14 25 ALLOCATION.
 14 26    1.  For each fiscal year in which moneys are
 14 27 appropriated by the general assembly for purposes of
 14 28 the student achievement and teacher quality program,
 14 29 the moneys shall be allocated as follows:
 14 30    a.  For the fiscal year beginning July 1, 2001, and
 14 31 ending June 30, 2002, the department shall reserve up
 14 32 to one million dollars of any moneys appropriated for
 14 33 purposes of this chapter.  For each fiscal year in
 14 34 which moneys are appropriated by the general assembly
 14 35 for purposes of team-based variable pay pursuant to
 14 36 section 284.11, the amount of moneys allocated to
 14 37 school districts shall be in the proportion that the
 14 38 basic enrollment of a school district bears to the sum
 14 39 of the basic enrollments of all participating school
 14 40 districts for the budget year.  However, the per pupil
 14 41 amount distributed to a school district shall not
 14 42 exceed one hundred dollars.
 14 43    b.  For the fiscal year beginning July 1, 2001, and
 14 44 ending June 30, 2002, to the department of education,
 14 45 the amount of one million nine hundred thousand
 14 46 dollars for the issuance of national board
 14 47 certification awards in accordance with section
 14 48 256.44.
 14 49    c.  For the fiscal year beginning July 1, 2001, and
 14 50 ending June 30, 2002, an amount up to two million four
 15  1 hundred thousand dollars for first-year beginning
 15  2 teachers, and for the fiscal year beginning July 1,
 15  3 2002, and succeeding fiscal years, an amount up to
 15  4 four million seven hundred thousand dollars for first-
 15  5 year and second-year beginning teachers, to the
 15  6 department of education for distribution to school
 15  7 districts for purposes of the beginning teacher
 15  8 mentoring and induction programs.  A school district
 15  9 shall receive one thousand three hundred dollars per
 15 10 beginning teacher participating in the program.  If
 15 11 the funds appropriated for the program are
 15 12 insufficient to pay mentors and school districts as
 15 13 provided in this paragraph, the department shall
 15 14 prorate the amount distributed to school districts
 15 15 based upon the amount appropriated.  Moneys received
 15 16 by a school district pursuant to this paragraph shall
 15 17 be expended to provide each mentor with an award of
 15 18 five hundred dollars per semester, at a minimum, for
 15 19 participation in the school district's beginning
 15 20 teacher mentoring and induction program; to implement
 15 21 the plan; and to pay any applicable costs of the
 15 22 employer's share of contributions to federal social
 15 23 security and the Iowa public employees' retirement
 15 24 system or a pension and annuity retirement system
 15 25 established under chapter 294, for such amounts paid
 15 26 by the district.
 15 27    d.  For the fiscal year beginning July 1, 2001, and
 15 28 ending June 30, 2002, up to one million five hundred
 15 29 thousand dollars to the department of education for
 15 30 purposes of establishing the evaluator training
 15 31 program, including but not limited to the development
 15 32 of criteria models; an evaluation process; the
 15 33 training of providers; development of a provider
 15 34 approval process; training materials and costs; for
 15 35 payment to practitioners under section 284.10,
 15 36 subsection 3, and to pay any applicable costs of the
 15 37 employer's share of contributions to federal social
 15 38 security and the Iowa public employees' retirement
 15 39 system or a pension and annuity retirement system
 15 40 established under chapter 294, for such amounts paid
 15 41 by the district; and for subsidies to school districts
 15 42 for training costs.
 15 43    e.  For the fiscal year beginning July 1, 2001, and
 15 44 ending June 30, 2002, up to one million five hundred
 15 45 thousand dollars to the department of education for
 15 46 purposes of implementing the career development
 15 47 program requirements of section 284.6, and the review
 15 48 panel requirements of section 284.9.
 15 49    f.  For the fiscal year beginning July 1, 2001, and
 15 50 ending June 30, 2002, the amount of moneys remaining
 16  1 from funds appropriated for purposes of this chapter
 16  2 after distribution as provided in paragraphs "a"
 16  3 through "e" and "g" shall be allocated to school
 16  4 districts in accordance with the following formula:
 16  5    (1)  Fifty percent of the allocation shall be in
 16  6 the proportion that the basic enrollment of a school
 16  7 district bears to the sum of the basic enrollments of
 16  8 all school districts in the state for the budget year.
 16  9    (2)  Fifty percent of the allocation shall be based
 16 10 upon the proportion that the number of full-time
 16 11 equivalent teachers employed by a school district
 16 12 bears to the sum of the number of full-time equivalent
 16 13 teachers who are employed by all school districts in
 16 14 the state for the base year.
 16 15    g.  From moneys available under paragraph "f", the
 16 16 department shall allocate to area education agencies
 16 17 an amount per classroom teacher employed by an area
 16 18 education agency that is approximately equivalent to
 16 19 the average per teacher amount allocated to the
 16 20 districts.  The average per teacher amount shall be
 16 21 calculated by dividing the total number of classroom
 16 22 teachers employed by school districts and the
 16 23 classroom teachers employed by area education agencies
 16 24 into the total amount of moneys available under
 16 25 subsection 3.
 16 26    2.  A school district that is unable to meet the
 16 27 provisions of section 284.7, subsection 1, with funds
 16 28 allocated pursuant to subsection 1, paragraph "f", may
 16 29 request a waiver from the department to use funds
 16 30 appropriated under chapter 256D to meet the provisions
 16 31 of section 284.7, subsection 1, if the difference
 16 32 between the funds allocated to the school district
 16 33 pursuant to subsection 1, paragraph "f", and the
 16 34 amount required to comply with section 284.7,
 16 35 subsection 1, is not less than ten thousand dollars.
 16 36 The department shall consider the average class size
 16 37 of the school district, the school district's actual
 16 38 unspent balance from the preceding year, and the
 16 39 school district's current financial position.
 16 40    3.  If a school district does not choose to
 16 41 participate in the student achievement and teacher
 16 42 quality program during the school year beginning July
 16 43 1, 2001, the amount of moneys to be allocated to the
 16 44 school district pursuant to subsection 1, paragraph
 16 45 "f", shall be held for the school district by the
 16 46 department until June 30, 2003, or until the school
 16 47 district participates in the program, whichever occurs
 16 48 earlier.  Notwithstanding section 8.33, unencumbered
 16 49 or unobligated funds remaining on June 30, 2002, shall
 16 50 not revert but shall be available for expenditure for
 17  1 the following fiscal year for the purposes of this
 17  2 chapter.
 17  3    4.  Moneys received by a school district under this
 17  4 chapter are miscellaneous income for purposes of
 17  5 chapter 257 or are considered encumbered.  A school
 17  6 district shall maintain a separate listing within its
 17  7 budget for payments received and expenditures made
 17  8 pursuant to this section.
 17  9    Sec. 16.  Section 256.9, Code 2001, is amended by
 17 10 adding the following new subsection:
 17 11    NEW SUBSECTION.  51.  Develop models of core
 17 12 knowledge and skill criteria, based upon the Iowa
 17 13 teaching standards, for the evaluation, the
 17 14 advancement, and for teacher career development
 17 15 purposes pursuant to chapter 284.  The model criteria
 17 16 shall further define the characteristics of quality
 17 17 teaching as established by the Iowa teaching
 17 18 standards.
 17 19    Sec. 17.  Section 272.2, subsection 1, Code 2001,
 17 20 is amended to read as follows:
 17 21    1.  a.  License practitioners, who do not hold or
 17 22 receive a license from another professional licensing
 17 23 board, and professional development programs, except
 17 24 for programs developed and offered by practitioner
 17 25 preparation institutions or area education agencies
 17 26 and approved by the state board of education.
 17 27 Licensing authority includes the authority to
 17 28 establish criteria for the licenses, including but not
 17 29 limited to, establish issuance and renewal
 17 30 requirements, creation of create application and
 17 31 renewal forms, creation of create licenses that
 17 32 authorize different instructional functions or
 17 33 specialties, development of develop a code of
 17 34 professional rights and responsibilities, practice,
 17 35 and ethics, and the authority to develop any other
 17 36 classifications, distinctions, and procedures which
 17 37 may be necessary to exercise licensing duties.  A code
 17 38 of professional rights and responsibilities, practice,
 17 39 and ethics shall address but not be limited to the
 17 40 habitual failure of a practitioner to fulfill
 17 41 contractual obligations under section 279.13.
 17 42    b.  Notwithstanding section 272.28, subsection 1, a
 17 43 teacher shall be licensed in accordance with rules
 17 44 adopted pursuant to chapter 272, Code 2001, if the
 17 45 teacher successfully completes a beginning teacher
 17 46 mentoring program approved pursuant to chapter 256E on
 17 47 or before June 30, 2002, or is employed by a school
 17 48 district that does not offer a beginning teacher
 17 49 mentoring and induction program approved in accordance
 17 50 with this chapter during the school year beginning
 18  1 July 1, 2001.
 18  2    c.  Notwithstanding section 272.28, subsection 1, a
 18  3 teacher shall receive an educational license if the
 18  4 teacher meets the licensing requirements of this
 18  5 chapter and, prior to July 1, 2003, successfully
 18  6 completes a two-year beginning teacher mentoring and
 18  7 induction program approved pursuant to this chapter.
 18  8    Sec. 18.  NEW SECTION.  272.28  MENTORING AND
 18  9 INDUCTION REQUIREMENT.
 18 10    1.  Effective July 1, 2003, requirements for
 18 11 teacher licensure beyond a provisional license shall
 18 12 include successful completion of a beginning teacher
 18 13 mentoring and induction program approved by the state
 18 14 board of education.
 18 15    2.  A teacher from an accredited nonpublic school
 18 16 or another state or country is exempt from the
 18 17 requirement of subsection 1 if the teacher can
 18 18 document three years of successful teaching experience
 18 19 within the past five years and meet or exceed the
 18 20 requirements contained in rules adopted under this
 18 21 chapter for endorsement and licensure.
 18 22    Sec. 19.  Section 279.19, unnumbered paragraphs 1
 18 23 and 2, Code 2001, are amended to read as follows:
 18 24    The first three two consecutive years of employment
 18 25 of a teacher in the same school district are a
 18 26 probationary period.  However, if the teacher has
 18 27 successfully completed a probationary period of
 18 28 employment for another school district located in
 18 29 Iowa, the probationary period in the current district
 18 30 of employment shall not exceed one year.  A board of
 18 31 directors may waive the probationary period for any
 18 32 teacher who previously has served a probationary
 18 33 period in another school district and the board may
 18 34 extend the probationary period for an additional year
 18 35 with the consent of the teacher.
 18 36    Notwithstanding the two-year probationary period
 18 37 otherwise provided for in this section, if a school
 18 38 district offers a beginning teacher a third year of a
 18 39 beginning teacher mentoring and induction program, and
 18 40 the teacher accepts the school district's offer, the
 18 41 teacher's probationary period shall continue through
 18 42 the teacher's third year of employment.
 18 43    In the case of the termination of a probationary
 18 44 teacher's contract, the provisions of sections 279.15
 18 45 and 279.16 shall apply.
 18 46    Sec. 20.  Chapter 256E, Code 2001, is repealed.
 18 47    Sec. 21.  Section 272.33, Code 2001, is repealed
 18 48 effective July 1, 2002.
 18 49    Sec. 22.  STATE MANDATE FUNDING SPECIFIED.  In
 18 50 accordance with section 25B.2, subsection 3, the state
 19  1 cost of requiring compliance with any state mandate
 19  2 included in this Act shall be paid by a school
 19  3 district from state school foundation aid received by
 19  4 the school district under section 257.16.  This
 19  5 specification of the payment of the state cost shall
 19  6 be deemed to meet all the state funding-related
 19  7 requirements of section 25B.2, subsection 3, and no
 19  8 additional state funding shall be necessary for the
 19  9 full implementation of this Act by and enforcement of
 19 10 this Act against all affected school districts.
 19 11    Sec. 23.  LEGISLATIVE IMPLEMENTATION COMMITTEE.
 19 12 The legislative council is requested to establish a
 19 13 two-year legislative implementation committee to study
 19 14 and make recommendations regarding the implementation
 19 15 of chapter 284, as enacted by this Act, including, but
 19 16 not limited to, valid, reliable measures that school
 19 17 districts can use to determine growth in student
 19 18 achievement and performance on locally determined
 19 19 indicators; development of a process to review
 19 20 district level and building level student achievement
 19 21 goals and goal-setting; the appropriate level of
 19 22 funding for team-based variable pay; and an ongoing
 19 23 evaluation to determine the effectiveness of the
 19 24 student achievement and teacher quality program.  The
 19 25 committee shall recommend a team-based variable pay
 19 26 plan model and a timeline for implementation of the
 19 27 plan.  The legislative council is also requested to
 19 28 authorize up to $25,000 for the expenses of the
 19 29 committee.  The committee shall monitor the progress
 19 30 of team-based variable pay pilot programs.
 19 31    The committee shall submit preliminary
 19 32 recommendations to the general assembly by December
 19 33 15, 2001, and shall make its final recommendations to
 19 34 the general assembly by December 15, 2002.
 19 35    The committee shall be composed of eleven members
 19 36 and shall include the following:
 19 37    1.  Three members appointed by the president of the
 19 38 senate after consultation with the majority leader of
 19 39 the senate and the minority leader of the senate.
 19 40    2.  Three members appointed by the speaker of the
 19 41 house of representatives after consultation with the
 19 42 majority and minority leaders of the house of
 19 43 representatives.
 19 44    3.  The director of the department of education or
 19 45 the director's designee.
 19 46    4.  One member who shall be appointed by the Iowa
 19 47 association of school boards.
 19 48    5.  One member who shall be appointed by the school
 19 49 administrators of Iowa.
 19 50    6.  One member who shall be appointed by the Iowa
 20  1 state education association.
 20  2    7.  One member who shall be appointed by the
 20  3 governor to represent the office of the governor.
 20  4    It is the intent of the general assembly that the
 20  5 legislative implementation committee oversee the
 20  6 implementation of the policies established pursuant to
 20  7 this Act."
 20  8    #2.  Title page, line 2, by inserting after the
 20  9 word "program" the following:  "and making an
 20 10 appropriation"." 
 20 11 
 20 12 
 20 13                               
 20 14 MIKE CONNOLLY
 20 15 PATRICK J. DELUHERY
 20 16 TOM FLYNN
 20 17 MARK SHEARER
 20 18 JOHN P. KIBBIE
 20 19 JACK HOLVECK
 20 20 ROBERT E. DVORSKY
 20 21 BETTY A. SOUKUP
 20 22 SF 476.302 79
 20 23 kh/cf
     

Text: S03590                            Text: S03592
Text: S03500 - S03599                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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