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Senate File 476

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 476
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE ESTABLISHMENT OF A STUDENT ACHIEVEMENT AND
  1  5    TEACHER QUALITY PROGRAM AND PROVIDING FOR CONTINGENT
  1  6    EFFECTIVENESS.  
  1  7 
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  INTENT.  It is the intent of the general
  1 12 assembly to create a student achievement and teacher quality
  1 13 program that acknowledges that outstanding teachers are a key
  1 14 component in student success.  The program's goals are to
  1 15 enhance student achievement and to redesign compensation
  1 16 strategies and teachers' professional development.  Such
  1 17 compensation strategies are designed to attract and retain
  1 18 high performing teachers, to reward teachers for improving
  1 19 their skills and knowledge in a manner that translates into
  1 20 better student learning, and to reward the staff of school
  1 21 attendance centers for improvement in student achievement.
  1 22    Sec. 2.  NEW SECTION.  284.1  STUDENT ACHIEVEMENT AND
  1 23 TEACHER QUALITY PROGRAM.
  1 24    A student achievement and teacher quality program is
  1 25 established to promote high student achievement.  The program
  1 26 shall consist of the following four major elements:
  1 27    1.  Mentoring and induction programs that provide support
  1 28 for beginning teachers in accordance with section 284.5.
  1 29    2.  Career paths with compensation levels that strengthen
  1 30 Iowa's ability to recruit and retain teachers.
  1 31    3.  Professional development designed to directly support
  1 32 best teaching practices.
  1 33    4.  Team-based variable pay that provides additional
  1 34 compensation when student performance improves.
  1 35    Sec. 3.  NEW SECTION.  284.2  DEFINITIONS.
  2  1    As used in this chapter, unless the context otherwise
  2  2 requires:
  2  3    1.  "Beginning teacher" means an individual serving under
  2  4 an initial provisional license, issued by the board of
  2  5 educational examiners under chapter 272, who is assuming a
  2  6 position as a classroom teacher.
  2  7    2.  "Classroom teacher" means an individual who holds a
  2  8 valid practitioner's license and who is employed under a
  2  9 teaching contract with a school district or area education
  2 10 agency in this state to provide classroom instruction to
  2 11 students.
  2 12    3.  "Comprehensive evaluation" means a summative evaluation
  2 13 of a teacher conducted by an evaluator for purposes of
  2 14 performance review, or recommendation for licensure based upon
  2 15 models developed pursuant to section 256.9, subsection 51, and
  2 16 to determine whether the teacher's practice meets the school
  2 17 district expectations for a career, career II, or advanced
  2 18 level.
  2 19    4.  "Department" means the department of education.
  2 20    5.  "Director" means the director of the department of
  2 21 education.
  2 22    6.  "Evaluator" means an administrator or other
  2 23 practitioner who successfully completes an evaluator training
  2 24 program pursuant to section 284.10.
  2 25    7.  "Mentor" means an individual employed by a school
  2 26 district or area education agency as a classroom teacher or a
  2 27 retired teacher who holds a valid license issued under chapter
  2 28 272.  The individual must have a record of four years of
  2 29 successful teaching practice, must be employed as a classroom
  2 30 teacher on a nonprobationary basis, and must demonstrate
  2 31 professional commitment to both the improvement of teaching
  2 32 and learning and the development of beginning teachers.
  2 33    8.  "School board" means the board of directors of a school
  2 34 district or a collaboration of boards of directors of school
  2 35 districts.
  3  1    9.  "State board" means the state board of education.
  3  2    10.  "Teacher" means an individual holding a practitioner's
  3  3 license issued under chapter 272, who is employed as a
  3  4 teacher, librarian, media specialist, or counselor in a
  3  5 nonadministrative position by a school district or area
  3  6 education agency pursuant to a contract issued by a board of
  3  7 directors under section 279.13.  A teacher may be employed in
  3  8 both an administrative and a nonadministrative position by a
  3  9 board of directors and shall be considered a part-time teacher
  3 10 for the portion of time that the teacher is employed in a
  3 11 nonadministrative position.  "Teacher" includes a licensed
  3 12 individual employed on a less than full-time basis by a school
  3 13 district through a contract between the school district and an
  3 14 institution of higher education with a practitioner
  3 15 preparation program in which the licensed teacher is enrolled.
  3 16    Sec. 4.  NEW SECTION.  284.3  IOWA TEACHING STANDARDS.
  3 17    1.  For purposes of this chapter and for developing teacher
  3 18 evaluation criteria under chapter 279, the Iowa teaching
  3 19 standards are as follows:
  3 20    a.  Demonstrates ability to enhance academic performance
  3 21 and support for and implementation of the school district's
  3 22 student achievement goals.
  3 23    b.  Demonstrates competence in content knowledge
  3 24 appropriate to the teaching position.
  3 25    c.  Demonstrates competence in planning and preparing for
  3 26 instruction.
  3 27    d.  Uses strategies to deliver instruction that meets the
  3 28 multiple learning needs of students.
  3 29    e.  Uses a variety of methods to monitor student learning.
  3 30    f.  Demonstrates competence in classroom management.
  3 31    g.  Engages in professional growth.
  3 32    h.  Fulfills professional responsibilities established by
  3 33 the school district.
  3 34    2.  The school board and faculty shall collaborate to
  3 35 further define good teaching by enhancing the Iowa teaching
  4  1 standards in the following manner:
  4  2    a.  For purposes of comprehensive evaluations for beginning
  4  3 teachers, including the comprehensive evaluation required for
  4  4 the beginning teacher to progress to career teacher, the
  4  5 criteria shall be based upon the models developed pursuant to
  4  6 section 256.9, subsection 51, and established pursuant to
  4  7 chapter 20.
  4  8    b.  For purposes of comprehensive evaluations for teachers
  4  9 other than beginning teachers, the school board shall convene
  4 10 the members of the school board and representatives of the
  4 11 faculty, elected by the faculty, to establish criteria based
  4 12 upon the models developed pursuant to section 256.9,
  4 13 subsection 51.  If the parties are unable to reach agreement
  4 14 by July 1, immediately after the school year in which a
  4 15 contract period ends, the model criteria shall become the
  4 16 school district's criteria.
  4 17    Sec. 5.  NEW SECTION.  284.4  PARTICIPATION.
  4 18    1.  A school district is eligible to receive moneys
  4 19 appropriated for purposes specified in this chapter if the
  4 20 school board applies to the department to participate in the
  4 21 student achievement and teacher quality program and submits a
  4 22 written statement declaring the school district's willingness
  4 23 to do all of the following:
  4 24    a.  Commit and expend local moneys to improve student
  4 25 achievement and teacher quality.
  4 26    b.  Implement a beginning teacher mentoring and induction
  4 27 program as provided in this chapter.
  4 28    c.  Provide, beginning in the second year of participation,
  4 29 the equivalent of two or more additional contract days,
  4 30 outside of instruction time, than were provided in the school
  4 31 year preceding the first year of participation, to provide
  4 32 additional time for teacher career development that aligns
  4 33 with student learning and teacher development needs, including
  4 34 the integration of technology into curriculum development, in
  4 35 order to achieve attendance center and districtwide student
  5  1 achievement goals outlined in the district comprehensive
  5  2 school improvement plan.  School districts are encouraged to
  5  3 develop strategies for restructuring the school calendar to
  5  4 provide for the most effective professional development.  A
  5  5 school district that provides the equivalent of ten or more
  5  6 contract days for career development is exempt from this
  5  7 paragraph.
  5  8    d.  Adopt a teacher career development program in
  5  9 accordance with this chapter.
  5 10    e.  Adopt a teacher evaluation plan that, at minimum,
  5 11 requires a comprehensive evaluation of teachers in the
  5 12 participating district at least every five years based upon
  5 13 the Iowa teaching standards and requires administrators to
  5 14 complete evaluator training in accordance with section 284.10.
  5 15    f.  Adopt teacher career paths based upon demonstrated
  5 16 knowledge and skills in accordance with this chapter.
  5 17    g.  Adopt a team-based variable pay plan that rewards
  5 18 attendance center success upon the implementation of a
  5 19 statewide variable pay plan.
  5 20    2.  By July 1, 2003, each school district shall participate
  5 21 in the student achievement and teacher quality program.
  5 22    Sec. 6.  NEW SECTION.  284.5  BEGINNING TEACHER MENTORING
  5 23 AND INDUCTION PROGRAM.
  5 24    1.  A beginning teacher mentoring and induction program is
  5 25 created to promote excellence in teaching, enhance student
  5 26 achievement, build a supportive environment within school
  5 27 districts, increase the retention of promising beginning
  5 28 teachers, and promote the personal and professional well-being
  5 29 of classroom teachers.  Prior to the completion of the 2001-
  5 30 2002 school year, a school district shall, at a minimum,
  5 31 provide an approved beginning teacher mentoring and induction
  5 32 program for all classroom teachers who are beginning teachers.
  5 33    2.  The state board shall adopt rules to administer this
  5 34 section.
  5 35    3.  Notwithstanding subsection 1, a school district may
  6  1 provide a beginning teacher mentoring and induction program
  6  2 for all classroom teachers who are beginning teachers in the
  6  3 school years beginning July 1, 2001, and July 1, 2002.
  6  4    4.  Each participating school district shall develop an
  6  5 initial beginning teacher mentoring and induction plan.  The
  6  6 plan shall be included in the school district's comprehensive
  6  7 school improvement plan submitted pursuant to section 256.7,
  6  8 subsection 21.  The beginning teacher mentoring and induction
  6  9 plan shall, at a minimum, provide for a two-year sequence of
  6 10 induction program content and activities to support the Iowa
  6 11 teaching standards and beginning teacher professional and
  6 12 personal needs; mentor training that includes, at a minimum,
  6 13 skills of classroom demonstration and coaching, and district
  6 14 expectations for beginning teacher competence on Iowa teaching
  6 15 standards; placement of mentors and beginning teachers; the
  6 16 process for dissolving mentor and beginning teacher
  6 17 partnerships; district organizational support for released
  6 18 time for mentors and beginning teachers to plan, provide
  6 19 demonstration of classroom practices, observe teaching, and
  6 20 provide feedback; structure for mentor selection and
  6 21 assignment of mentors to beginning teachers; a district
  6 22 facilitator; and program evaluation.
  6 23    5.  A beginning teacher shall be informed by the school
  6 24 district, prior to the beginning teacher's participation in a
  6 25 mentoring and induction program, of the criteria upon which
  6 26 the beginning teacher shall be evaluated and of the evaluation
  6 27 process utilized by the school district.
  6 28    6.  Upon completion of the program, the beginning teacher
  6 29 shall be comprehensively evaluated to determine if the teacher
  6 30 meets expectations to move to the career level.  The school
  6 31 district shall recommend a beginning teacher who has
  6 32 successfully completed the program for an educational license.
  6 33 A school district may offer a teacher a third year of
  6 34 participation in the program if, after conducting a
  6 35 comprehensive evaluation, the school district determines that
  7  1 the teacher is likely to successfully complete the mentoring
  7  2 and induction program by the end of the third year of
  7  3 eligibility.  A teacher granted a third year of eligibility
  7  4 shall develop a teacher's mentoring and induction program plan
  7  5 in accordance with this chapter and shall undergo a
  7  6 comprehensive evaluation at the end of the third year.  The
  7  7 board of educational examiners shall grant a one-year
  7  8 extension of the beginning teacher's provisional license upon
  7  9 notification by the school district that the teacher will
  7 10 participate in a third year of the school district's program.
  7 11    Sec. 7.  NEW SECTION.  284.6  TEACHER CAREER DEVELOPMENT.
  7 12    1.  The department shall coordinate a statewide network of
  7 13 career development for Iowa teachers.  A participating school
  7 14 district or career development provider that offers a career
  7 15 development program in accordance with section 256.9,
  7 16 subsection 51, shall demonstrate that the program contains the
  7 17 following:
  7 18    a.  Support that meets the career development needs of
  7 19 individual teachers and is aligned with the Iowa teaching
  7 20 standards.
  7 21    b.  Research-based instructional strategies aligned with
  7 22 the school district's student achievement needs and the long-
  7 23 range improvement goals established by the district.
  7 24    c.  Instructional improvement components including student
  7 25 achievement data, analysis, theory, classroom demonstration
  7 26 and practice, technology integration, observation, reflection,
  7 27 and peer coaching.
  7 28    d.  An evaluation component that documents the improvement
  7 29 in instructional practice and the effect on student learning.
  7 30    2.  The department shall identify models of career
  7 31 development practices that produce evidence of the link
  7 32 between teacher training and improved student learning.
  7 33    3.  A participating school district shall incorporate a
  7 34 district career development plan into the district's
  7 35 comprehensive school improvement plan submitted to the
  8  1 department in accordance with section 256.7, subsection 21.
  8  2 The district career development plan shall include a
  8  3 description of the means by which the school district will
  8  4 provide access to all teachers in the district to career
  8  5 development programs or offerings that meet the requirements
  8  6 of subsection 1.  The plan shall align all career development
  8  7 with the school district's long-range student learning goals
  8  8 and the Iowa teaching standards.  The plan shall indicate the
  8  9 school district's approved career development provider or
  8 10 providers.
  8 11    4.  In cooperation with the teacher's supervisor, the
  8 12 teacher employed by a participating school district shall
  8 13 develop an individual teacher career development plan.  The
  8 14 individual plan shall be based, at minimum, on the needs of
  8 15 the teacher, the Iowa teaching standards, and the student
  8 16 achievement goals of the attendance center and the school
  8 17 district as outlined in the comprehensive school improvement
  8 18 plan.  The individual plan shall be reviewed by the teacher
  8 19 and the teacher's supervisor at the teacher's annual review,
  8 20 and shall be modified as necessary to reflect the individual
  8 21 teacher's and the school district's needs and the individual's
  8 22 progress in the plan.
  8 23    5.  School districts, a consortium of school districts,
  8 24 area education agencies, higher education institutions, and
  8 25 other public or private entities including professional
  8 26 associations may be approved by the state board to provide
  8 27 teacher career development.  The career development program or
  8 28 offering shall, at minimum, meet the requirements of
  8 29 subsection 1.  The state board shall adopt rules for the
  8 30 approval of career development providers and standards for the
  8 31 district career development plan.
  8 32    Sec. 8.  NEW SECTION.  284.7  IOWA TEACHER CAREER PATH.
  8 33    To promote continuous improvement in Iowa's quality
  8 34 teaching workforce and to give Iowa teachers the opportunity
  8 35 for career recognition that reflects the various roles
  9  1 teachers play as educational leaders, an Iowa teacher career
  9  2 path is established for teachers employed by participating
  9  3 school districts.  A participating school district shall raise
  9  4 teacher salaries to meet the requirements of this section.
  9  5 The Iowa teacher career path and salary minimums are as
  9  6 follows:
  9  7    1.  Effective July 1, 2001, the following career path
  9  8 levels are established and shall be implemented in accordance
  9  9 with this chapter:
  9 10    a.  BEGINNING TEACHER.
  9 11    (1)  A beginning teacher is a teacher who meets the
  9 12 following requirements:
  9 13    (a)  Has successfully completed an approved practitioner
  9 14 preparation program as defined in section 272.1.
  9 15    (b)  Holds a provisional teacher license issued by the
  9 16 board of educational examiners.
  9 17    (c)  Participates in the beginning teacher mentoring and
  9 18 induction program as provided in this chapter.
  9 19    (2)  The participating district shall increase the
  9 20 district's minimum salary for a first-year beginning teacher
  9 21 by at least one thousand five hundred dollars per year above
  9 22 the minimum salary paid to a first-year beginning teacher in
  9 23 the previous year unless the minimum salary for a first-year
  9 24 beginning teacher exceeds twenty-eight thousand dollars.
  9 25    b.  CAREER TEACHER.
  9 26    (1)  A career teacher is a teacher who meets the following
  9 27 requirements:
  9 28    (a)  Has successfully completed the beginning teacher
  9 29 mentoring and induction program and has successfully completed
  9 30 a comprehensive evaluation as provided in this chapter.
  9 31    (b)  Is reviewed by the school district as demonstrating
  9 32 the competencies of a career teacher.
  9 33    (c)  Holds a valid license issued by the board of
  9 34 educational examiners.
  9 35    (d)  Participates in teacher career development as set
 10  1 forth in this chapter and demonstrates continuous improvement
 10  2 in teaching.
 10  3    (2)  The participating district shall provide a two
 10  4 thousand dollar difference between the average beginning
 10  5 teacher salary and the minimum career teacher salary, unless
 10  6 the school district has a minimum career teacher salary that
 10  7 exceeds thirty thousand dollars.
 10  8    2.  It is the intent of the general assembly to establish
 10  9 and require the implementation of and provide for the
 10 10 implementation of the following additional career path levels
 10 11 by July 1, 2003:
 10 12    a.  CAREER II TEACHER.
 10 13    (1)  A career II teacher is a teacher who meets the
 10 14 requirements of subsection 1, paragraph "b", has met the
 10 15 requirements established by the school district that employs
 10 16 the teacher, and is evaluated by the school district as
 10 17 demonstrating the competencies of a career II teacher.  The
 10 18 teacher shall have successfully completed a comprehensive
 10 19 evaluation in order to be classified as a career II teacher.
 10 20    (2)  It is the intent of the general assembly that the
 10 21 participating district shall establish a minimum salary for a
 10 22 career II teacher that is at least five thousand dollars
 10 23 greater than the minimum career teacher salary.  It is further
 10 24 intended that the district shall adopt a plan that facilitates
 10 25 the transition of a career teacher to a career II level.
 10 26    b.  ADVANCED TEACHER.
 10 27    (1)  An advanced teacher is a teacher who meets the
 10 28 following requirements:
 10 29    (a)  Receives the recommendation of the review panel that
 10 30 the teacher possesses superior teaching skills and that the
 10 31 teacher should be classified as an advanced teacher.
 10 32    (b)  Holds a valid license from the board of educational
 10 33 examiners.
 10 34    (c)  Participates in teacher career development as outlined
 10 35 in this chapter and demonstrates continuous improvement in
 11  1 teaching.
 11  2    (d)  Possesses the skills and qualifications to assume
 11  3 leadership roles.
 11  4    (2)  It is the intent of the general assembly that the
 11  5 participating district shall establish a minimum salary for an
 11  6 advanced teacher that is at least thirteen thousand five
 11  7 hundred dollars greater than the minimum career teacher
 11  8 salary.  In conjunction with the development of the review
 11  9 panel pursuant to section 284.9, the department shall make
 11 10 recommendations to the general assembly by January 1, 2002,
 11 11 regarding the appropriate district-to-district recognition for
 11 12 advanced teachers and methods that facilitate the transition
 11 13 of a teacher to the advanced level.
 11 14    3.  A teacher shall be promoted one level at a time and a
 11 15 teacher promoted to the next career level shall remain at that
 11 16 level for at least one year before requesting promotion to the
 11 17 next career level.
 11 18    4.  If a comprehensive evaluation for a teacher is
 11 19 conducted in the fifth year of the teacher's status at the
 11 20 career level, and indicates that the teacher's practice no
 11 21 longer meets the standards for that level, a comprehensive
 11 22 evaluation shall be conducted in the next following school
 11 23 year.  If the comprehensive evaluation establishes that the
 11 24 teacher's practice fails to meet the standards for that level,
 11 25 the teacher shall be ineligible for any additional pay
 11 26 increase other than a cost of living increase.
 11 27    5.  A teacher employed in a participating district shall
 11 28 not receive less compensation in that participating district
 11 29 than the teacher received in the school year, preceding
 11 30 participation, as set forth in section 284.4 due to
 11 31 implementation of this chapter.  A teacher who achieves
 11 32 national board for professional teaching standards
 11 33 certification and meets the requirements of section 256.44
 11 34 shall continue to receive the award as specified in section
 11 35 256.44 in addition to the compensation set forth in this
 12  1 section.
 12  2    Sec. 9.  NEW SECTION.  284.8  EVALUATION REQUIREMENTS FOR
 12  3 CAREER, CAREER II, AND ADVANCED TEACHERS.
 12  4    1.  Notwithstanding section 284.4, subsection 2, effective
 12  5 July 1, 2004, teacher performance shall be reviewed annually
 12  6 for purposes of assisting the teacher in making continuous
 12  7 improvement.  The annual review shall be conducted by a
 12  8 certified evaluator who shall be selected by an administrator
 12  9 after consultation with the teacher.  School districts are
 12 10 encouraged to make available time for and to utilize peer
 12 11 review and peer coaching techniques when conducting the annual
 12 12 review.  The annual review need not be conducted if the
 12 13 teacher has been comprehensively reviewed during the same
 12 14 school year.  The review shall include classroom observation
 12 15 of the teacher and should include supporting documentation
 12 16 from other supervisors, parents, and students.
 12 17    2.  In addition to evaluations agreed upon under chapter
 12 18 20, a teacher shall be comprehensively evaluated based on the
 12 19 provisions of section 284.3 at least once every five years.
 12 20 Comprehensive evaluations shall be conducted by an
 12 21 administrator or the administrator's designee certified
 12 22 pursuant to section 284.10.  The evaluation shall include, at
 12 23 minimum, classroom observation of the teacher, the teacher's
 12 24 progress and implementation of the teacher's individual career
 12 25 development plan; should include supporting documentation from
 12 26 other supervisors, teachers, parents, and students; and may
 12 27 include video portfolios as evidence of teaching practices.  A
 12 28 teacher may be comprehensively evaluated for purposes of
 12 29 performance review or recommendation for licensure, and shall
 12 30 be comprehensively evaluated for advancement in the career
 12 31 path established pursuant to section 284.7.
 12 32    3.  If a teacher is denied advancement based upon a
 12 33 comprehensive evaluation, the teacher may appeal the decision
 12 34 to an adjudicator under the process established under section
 12 35 279.17.  However, the decision of the adjudicator is final.
 13  1 If a district does not recommend a teacher for continued
 13  2 employment or licensure based upon a comprehensive evaluation,
 13  3 the provisions of sections 279.14, 279.17, and 279.18 shall
 13  4 apply.  A teacher may file one cause of action objecting to
 13  5 the contents or procedures of a comprehensive evaluation and
 13  6 the objections shall not be subject to the grievance
 13  7 procedures negotiated in accordance with chapter 20.
 13  8    4.  This section applies only to career, career II, and
 13  9 advanced teachers.
 13 10    Sec. 10.  NEW SECTION.  284.9  REVIEW PANEL.
 13 11    1.  A career II teacher seeking to receive an advanced
 13 12 designation shall submit a portfolio of work evidence aligned
 13 13 with the Iowa teaching standards to a review panel established
 13 14 in accordance with subsection 2.  A majority of the evidence
 13 15 in the portfolio shall be classroom-based.  The review panel
 13 16 shall evaluate the career II teacher's portfolio to determine
 13 17 whether the teacher demonstrates superior teaching skills and
 13 18 shall make a recommendation to the board of educational
 13 19 examiners whether or not the teacher shall receive an advanced
 13 20 designation.  The standards for recommendation include, but
 13 21 are not limited to, meeting the Iowa teaching standards at an
 13 22 advanced level.
 13 23    2.  The department shall establish up to five regional
 13 24 review panels consisting of five members per panel.  Each
 13 25 panel shall include, at a minimum, a nationally board-
 13 26 certified teacher and a school district administrator.  Panel
 13 27 members shall be appointed by the director and shall possess
 13 28 the knowledge necessary to determine the quality of the
 13 29 evidence submitted in an applicant's portfolio.  Panel members
 13 30 shall serve a staggered three-year term and may be reappointed
 13 31 to a second term.  The department shall provide support and
 13 32 evaluation training for panel members and convene panels as
 13 33 needed.
 13 34    3.  To assure fairness and consistency in the evaluation
 13 35 process, the review panels may perform random audits of the
 14  1 comprehensive evaluations conducted by evaluators throughout
 14  2 the state, and may randomly review performance-based
 14  3 evaluation models developed by school districts in accordance
 14  4 with section 284.3, subsection 2.  The review of the
 14  5 evaluation models shall ensure that the model is at least
 14  6 equivalent to the state models developed pursuant to section
 14  7 256.9, subsection 51.
 14  8    4.  A teacher who does not receive a recommendation from a
 14  9 review panel may appeal that denial to an administrative law
 14 10 judge located in the department of inspections and appeals.
 14 11 The state shall not be liable for a teacher's attorney fees,
 14 12 costs, or damages that may result from an appeal of a review
 14 13 panel's decision.  The state board shall adopt rules to
 14 14 administer this section.
 14 15    Sec. 11.  NEW SECTION.  284.10  EVALUATOR TRAINING PROGRAM.
 14 16    1.  The department shall establish an evaluator training
 14 17 program to improve the skills of school district evaluators in
 14 18 making employment decisions, making recommendations for
 14 19 licensure, and moving teachers through a career path as
 14 20 established under this chapter.  The department shall consult
 14 21 with persons representing teachers, national board-certified
 14 22 teachers, administrators, school boards, higher education
 14 23 institutions with approved practitioner and administrator
 14 24 preparation programs, and with persons from the private sector
 14 25 knowledgeable in employment evaluation and evaluator training
 14 26 in order to develop standards and requirements for the
 14 27 program.  Evaluator training programs offered pursuant to this
 14 28 chapter may be provided by a public or private entity.  The
 14 29 department shall distribute a list of evaluator training
 14 30 program providers to each school district.
 14 31    2.  a.  An administrator licensed under chapter 272 who
 14 32 conducts evaluations of teachers for purposes of this chapter
 14 33 shall complete the evaluator training program.  A practitioner
 14 34 licensed under chapter 272 who is not an administrator may
 14 35 enroll in the evaluator training program.  Enrollment
 15  1 preference shall be given to administrators.  Upon successful
 15  2 completion, the provider shall certify that the administrator
 15  3 or other practitioner is qualified to conduct evaluations for
 15  4 employment, make recommendations for licensure, and make
 15  5 recommendations that a teacher is qualified to advance from
 15  6 one career path level to the next career path level pursuant
 15  7 to this chapter.  Certification is for a period of five years
 15  8 and may be renewed.
 15  9    b.  However, an administrator licensed in accordance with
 15 10 section 272.2, subsection 13, paragraph "a", shall not be
 15 11 eligible to enroll in the evaluator training program.
 15 12    3.  Effective until July 1, 2004, a school district shall
 15 13 pay the amount of one thousand dollars for each individual who
 15 14 is licensed as a practitioner under chapter 272 on or after
 15 15 July 1, 2001, and who has been certified in accordance with
 15 16 this section.  By October 1 annually, the school district
 15 17 shall notify the department of education of the number of
 15 18 individuals who have achieved certification in accordance with
 15 19 this section, and shall submit any documentation requested by
 15 20 the department.
 15 21    4.  By July 1, 2002, a higher education institution
 15 22 approved by the state board to provide an administrator
 15 23 preparation program shall incorporate the evaluator training
 15 24 program into the program offered by the institution.
 15 25    5.  Beginning July 1, 2002, the board of educational
 15 26 examiners shall require certification as a condition of
 15 27 issuing or renewing an administrator's license.
 15 28    6.  By July 1, 2004, the director shall develop and
 15 29 implement an evaluator training certification renewal program
 15 30 for administrators and other practitioners who need to renew a
 15 31 certificate issued pursuant to this section.
 15 32    Sec. 12.  NEW SECTION.  284.11  PILOT PROGRAM FOR TEAM-
 15 33 BASED VARIABLE PAY FOR STUDENT ACHIEVEMENT.
 15 34    1.  It is the intent of the general assembly to create a
 15 35 statewide team-based variable pay program to reward individual
 16  1 attendance centers for improvement in student achievement.  A
 16  2 pilot program is established to give Iowa school districts
 16  3 with one or more participating attendance centers the
 16  4 opportunity to explore and demonstrate successful methods to
 16  5 implement team-based variable pay.  The department shall
 16  6 develop and administer the pilot program.  Each school
 16  7 district approved by the department to participate in the
 16  8 pilot program shall administer valid and reliable standardized
 16  9 assessments at the beginning and end of the school year to
 16 10 demonstrate growth in student achievement.
 16 11    2.  All licensed practitioners employed at a participating
 16 12 attendance center that has demonstrated improvement in student
 16 13 achievement shall share in a cash award.  However, the school
 16 14 district is encouraged to extend cash awards to other staff
 16 15 employed at the attendance center.
 16 16    3.  The principal, with the participation of a team of
 16 17 licensed practitioners appointed by the principal, at each
 16 18 participating attendance center within a school district shall
 16 19 annually submit district attendance center student performance
 16 20 goals to the school board for approval.  The attendance center
 16 21 goals must be aligned with the school improvement goals for
 16 22 the district developed in accordance with section 256.7,
 16 23 subsection 21.  The district shall determine the designation
 16 24 of an attendance center for purposes of this section.  The
 16 25 attendance center student performance goals may differ from
 16 26 attendance center to attendance center and may contain goals
 16 27 and indicators in addition to the comprehensive school
 16 28 improvement plan.  An attendance center shall demonstrate
 16 29 student achievement through the use of multiple measures that
 16 30 are valid and reliable.
 16 31    4.  Each participating district shall create its own design
 16 32 for a team-based pay plan linked to the district's
 16 33 comprehensive school improvement plan.  The plan must include
 16 34 attendance center student performance goals, student
 16 35 performance levels, multiple indicators to determine progress
 17  1 toward attendance center goals, and a system for providing
 17  2 financial rewards.  The team-based pay plan shall be approved
 17  3 by the local board.
 17  4    5.  Each district team-based pay plan shall be reviewed by
 17  5 the department.  The department shall include a review of the
 17  6 locally established goals, targeted levels of improvement,
 17  7 assessment strategies, and financial reward system.
 17  8    6.  A district electing to initiate a team-based variable
 17  9 pay plan according to this section during the school year
 17 10 beginning July 1, 2001, shall notify the department of its
 17 11 election in writing no later than August 1, 2001.  The
 17 12 department shall certify the school district plan by October
 17 13 1, 2001.
 17 14    Sec. 13.  NEW SECTION.  284.12  REPORT.
 17 15    1.  The department shall annually report the statewide
 17 16 progress on the following:
 17 17    a.  Student achievement scores in mathematics and reading
 17 18 at the fourth and eighth grade levels on a district-by-
 17 19 district basis as reported to the local communities pursuant
 17 20 to section 256.7, subsection 21, paragraph "c".
 17 21    b.  Evaluator training program.
 17 22    c.  Team-based variable pay for student achievement.
 17 23    d.  Changes and improvements in the evaluation of teachers
 17 24 under the Iowa teaching standards.
 17 25    2.  The report shall be made available to the chairpersons
 17 26 and ranking members of the senate and house committees on
 17 27 education, the legislative education accountability and
 17 28 oversight committee, the deans of the colleges of education at
 17 29 approved practitioner preparation institutions in this state,
 17 30 the state board, the governor, and school districts by January
 17 31 1.  School districts shall provide information as required by
 17 32 the department for the compilation of the report and for
 17 33 accounting and auditing purposes.
 17 34    3.  The department shall provide for a comprehensive
 17 35 independent evaluation of all components of the student
 18  1 achievement and teacher quality program and shall submit the
 18  2 results of the evaluation in the report submitted pursuant to
 18  3 subsection 2 by January 1, 2007.
 18  4    4.  The board of educational examiners shall compile
 18  5 statistical information from the results of the examinations
 18  6 administered pursuant to section 272.2, subsection 17.  The
 18  7 information compiled shall identify the practitioner
 18  8 preparation programs from which the applicants graduated, but
 18  9 shall not identify applicants individually.  The statistical
 18 10 information compiled by the board pursuant to this subsection
 18 11 is a public record.  The board shall submit a review of the
 18 12 statistical information to the chairpersons and ranking
 18 13 members of the senate and house committees on education and
 18 14 the state board by December 1, 2003.
 18 15    5.  In developing administrative rules for consideration by
 18 16 the state board, the department shall consult with persons
 18 17 representing teachers, administrators, school boards, approved
 18 18 practitioner preparation institutions, other appropriate
 18 19 education stakeholders, and the legislative education
 18 20 accountability and oversight committee.
 18 21    Sec. 14.  Section 256.9, Code 2001, is amended by adding
 18 22 the following new subsection:
 18 23    NEW SUBSECTION.  51.  Develop core knowledge and skill
 18 24 criteria models, based upon the Iowa teaching standards, for
 18 25 the evaluation, the advancement, and for teacher career
 18 26 development purposes pursuant to chapter 284.  The model
 18 27 criteria shall further define the characteristics of quality
 18 28 teaching as established by the Iowa teaching standards.
 18 29    Sec. 15.  Section 272.2, subsection 1, Code 2001, is
 18 30 amended to read as follows:
 18 31    1.  a.  License practitioners, who do not hold or receive a
 18 32 license from another professional licensing board, and
 18 33 professional development programs, except for programs
 18 34 developed and offered by practitioner preparation institutions
 18 35 or area education agencies and approved by the state board of
 19  1 education.  Licensing authority includes the authority to
 19  2 establish criteria for the licenses, including but not limited
 19  3 to, establish issuance and renewal requirements, creation of
 19  4 create application and renewal forms, creation of create
 19  5 licenses that authorize different instructional functions or
 19  6 specialties, development of develop a code of professional
 19  7 rights and responsibilities, practice, and ethics, and the
 19  8 authority to develop any other classifications, distinctions,
 19  9 and procedures which may be necessary to exercise licensing
 19 10 duties.  A code of professional rights and responsibilities,
 19 11 practice, and ethics shall address but not be limited to the
 19 12 habitual failure of a practitioner to fulfill contractual
 19 13 obligations under section 279.13.
 19 14    b.  Notwithstanding section 272.28, subsection 1, a teacher
 19 15 shall be licensed in accordance with rules adopted pursuant to
 19 16 chapter 272, Code 2001, if the teacher successfully completes
 19 17 a beginning teacher mentoring program approved pursuant to
 19 18 chapter 256E on or before June 30, 2002, or is employed by a
 19 19 school district that does not offer a beginning teacher
 19 20 mentoring and induction program approved in accordance with
 19 21 this chapter during the school year beginning July 1, 2001.
 19 22    Sec. 16.  Section 272.2, Code 2001, is amended by adding
 19 23 the following new subsection:
 19 24    NEW SUBSECTION.  17.  a.  Administer the Praxis II
 19 25 examination for knowledge of pedagogies and for not more than
 19 26 one content area to each individual who is applying for a
 19 27 provisional license prior to issuance of the license.
 19 28    b.  Examination fees for the examination required under
 19 29 this subsection shall be paid by the board.  Costs incurred
 19 30 for additional content area examinations shall be paid by the
 19 31 applicant.
 19 32    c.  This subsection is repealed effective June 30, 2003.
 19 33    Sec. 17.  NEW SECTION.  272.28  MENTORING AND INDUCTION
 19 34 REQUIREMENT.
 19 35    1.  Effective July 1, 2003, requirements for teacher
 20  1 licensure beyond a provisional license shall include
 20  2 successful completion of a beginning teacher mentoring and
 20  3 induction program approved by the state board of education.
 20  4    2.  A teacher from an accredited nonpublic school or
 20  5 another state or country is exempt from the requirement of
 20  6 subsection 1 if the teacher can document three years of
 20  7 successful teaching experience within the past five years and
 20  8 meet or exceed the requirements contained in rules adopted
 20  9 under this chapter for endorsement and licensure.
 20 10    Sec. 18.  Section 279.19, unnumbered paragraph 2, Code
 20 11 2001, is amended to read as follows:
 20 12    In the case of the termination of a probationary teacher's
 20 13 contract, the provisions of sections 279.15 and 279.16 shall
 20 14 apply.  However, if the probationary teacher is a beginning
 20 15 teacher who fails to successfully complete a beginning teacher
 20 16 mentoring and induction program in accordance with chapter
 20 17 284, the provisions of sections 279.17 and 279.18 shall also
 20 18 apply.
 20 19    Sec. 19.  Section 294A.14, unnumbered paragraphs 3 and 4,
 20 20 Code 2001, are amended to read as follows:
 20 21    A plan shall be developed using the procedure specified
 20 22 under section 294A.15.  The plan shall provide for the
 20 23 establishment of a performance-based pay plan, a supplemental
 20 24 pay plan, a combination of the two pay plans, or comprehensive
 20 25 school transformation programs, and shall include a budget for
 20 26 the cost of implementing the plan.  In addition to the costs
 20 27 of providing additional salary for teachers and the amount
 20 28 required to pay the employers' share of the federal social
 20 29 security and Iowa public employees' retirement system, or a
 20 30 pension and annuity retirement system established under
 20 31 chapter 294, and payments on the additional salary, the budget
 20 32 may include costs associated with providing specialized or
 20 33 general training.  Moneys received under phase III shall not
 20 34 be used to employ additional employees of a school district,
 20 35 except that phase III moneys may be used to employ substitute
 21  1 teachers, part-time teachers, and other employees needed to
 21  2 implement plans that provide innovative staffing patterns, or
 21  3 that require that a teacher employed on a full-time basis be
 21  4 absent from the classroom for specified periods for fulfilling
 21  5 other instructional duties or to participate on a peer review
 21  6 team or in peer coaching efforts.  However, all teachers
 21  7 employed are eligible to receive additional salary under an
 21  8 approved plan.
 21  9    For the purpose of this section, a performance-based pay
 21 10 plan shall provide for salary increases for teachers who
 21 11 demonstrate superior performance in completing assigned
 21 12 duties.  The plan shall include the method used to determine
 21 13 superior performance of a teacher.  For school districts, the
 21 14 plan may include assessments of specific teaching behavior
 21 15 performance, assessments of student performance, assessments
 21 16 of other characteristics associated with effective teaching,
 21 17 or a combination of these criteria.
 21 18    Sec. 20.  Chapter 256E, Code 2001, is repealed.
 21 19    Sec. 21.  Section 272.33, Code 2001, is repealed effective
 21 20 July 1, 2002.
 21 21    Sec. 22.  PRACTITIONER PREPARATION CREDIT TRANSFER STUDY.
 21 22 The state board of regents shall conduct a study of the
 21 23 transfer of credits between practitioner preparation
 21 24 institutions, both in-state and out-of-state, to determine
 21 25 whether the transfer of credits by practitioner preparation
 21 26 institutions is fair and consistent.  The state board shall
 21 27 collect information relating to the transfer and acceptance of
 21 28 credits from a representative sample of in-state and out-of-
 21 29 state practitioner preparation institutions.  The state board
 21 30 shall identify actions that may be taken to improve the
 21 31 ability of a student to transfer credits earned in one
 21 32 practitioner preparation institution to another.  The state
 21 33 board shall submit its findings and recommendations in a
 21 34 report to the senate and house of representatives standing
 21 35 committees on education by December 1, 2001.
 22  1    Sec. 23.  LEGISLATIVE EDUCATION ACCOUNTABILITY AND
 22  2 OVERSIGHT COMMITTEE.  The legislative council is requested to
 22  3 establish a two-year legislative education accountability and
 22  4 oversight committee to conduct a comprehensive study of team-
 22  5 based variable pay and make recommendations for the
 22  6 implementation of a team-based variable pay plan component of
 22  7 the student achievement and teacher quality program.
 22  8    The committee shall recommend the manner in which standards
 22  9 of performance are to be determined, the level of expected
 22 10 growth, the development of a student academic database, the
 22 11 timeline and procedure for the collection of student
 22 12 achievement data, identification of the structures of a team
 22 13 for purposes of equitable operation of the plan, and a
 22 14 timeline for implementation of the plan.  The committee shall
 22 15 recommend assessment models for use in accurately measuring
 22 16 student achievement.  The committee may recommend additional
 22 17 measures and reviews for the purpose of strengthening
 22 18 comprehensive school improvement plans through the
 22 19 implementation of team-based variable pay plans.  The
 22 20 committee shall monitor the progress of team-based variable
 22 21 pay pilot programs.
 22 22    The committee shall recommend a means of evaluation
 22 23 designed to determine the effect of the student achievement
 22 24 and teacher quality plan on raising student achievement.  The
 22 25 committee shall submit preliminary recommendations to the
 22 26 general assembly by December 15, 2001, and shall make its
 22 27 final recommendations to the general assembly by December 15,
 22 28 2002.
 22 29    The committee shall be composed of six voting members
 22 30 representing both political parties and both houses of the
 22 31 general assembly.  Three members shall be appointed by the
 22 32 president of the senate, after consultation with the majority
 22 33 leader of the senate and the minority leader of the senate.
 22 34 The remaining three members shall be appointed by the speaker
 22 35 of the house of representatives after consultation with the
 23  1 majority and minority leaders of the house of representatives.
 23  2    The committee shall also include the following ex officio,
 23  3 nonvoting members:
 23  4    1.  The director of the department of education or the
 23  5 director's designee.
 23  6    2.  One member who shall be appointed by the Iowa
 23  7 association of school boards.
 23  8    3.  One member who shall be appointed by the school
 23  9 administrators of Iowa.
 23 10    4.  Two members who shall be appointed independently by the
 23 11 state's two largest professional teachers associations.
 23 12    5.  One member who shall be appointed by the governor to
 23 13 represent the office of the governor.
 23 14    It is the intent of the general assembly that the
 23 15 legislative education accountability and oversight committee
 23 16 oversee the policies established pursuant to this Act.
 23 17    Sec. 24.  STATE MANDATE FUNDING SPECIFIED.  In accordance
 23 18 with section 25B.2, subsection 3, the state cost of requiring
 23 19 compliance with any state mandate included in this Act shall
 23 20 be paid by a school district from state school foundation aid
 23 21 received by the school district under section 257.16.  This
 23 22 specification of the payment of the state cost shall be deemed
 23 23 to meet all the state funding-related requirements of section
 23 24 25B.2, subsection 3, and no additional state funding shall be
 23 25 necessary for the full implementation of this Act by and
 23 26 enforcement of this Act against all affected school districts.
 23 27    Sec. 25.  CONTINGENT EFFECTIVENESS.  Section 284.10,
 23 28 subsection 2, paragraph "b", as enacted in this Act, takes
 23 29 effect only if 2001 Iowa Acts, House File 670 is enacted.  
 23 30 
 23 31 
 23 32                                                             
 23 33                               MARY E. KRAMER
 23 34                               President of the Senate
 23 35 
 24  1 
 24  2                                                             
 24  3                               BRENT SIEGRIST
 24  4                               Speaker of the House
 24  5 
 24  6    I hereby certify that this bill originated in the Senate and
 24  7 is known as Senate File 476, Seventy-ninth General Assembly.
 24  8 
 24  9 
 24 10                                                             
 24 11                               MICHAEL E. MARSHALL
 24 12                               Secretary of the Senate
 24 13 Approved                , 2001
 24 14 
 24 15 
 24 16                                
 24 17 THOMAS J. VILSACK
 24 18 Governor
     

Text: SF00475                           Text: SF00477
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